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2008

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Can The Trustee Recover? Imputation Of Fraud To Bankruptcy Trustees In Suits Against Third-Party Service Providers, Samuel C. Wasserman Jan 2008

Can The Trustee Recover? Imputation Of Fraud To Bankruptcy Trustees In Suits Against Third-Party Service Providers, Samuel C. Wasserman

Fordham Law Review

Corporate fraud has become a familiar headline over the last decade and has forced several companies whose managers have committed that fraud to file for bankruptcy. In these cases, a trustee will often be appointed to represent and manage the bankruptcy estate. This trustee is vested with the rights of the debtor corporation upon filing and may try to sue third-party service providers (e.g., accounting firms, law firms, investment banks) for conspiring in, or negligently failing to detect, the fraud. Federal and state courts have disagreed over whether the bankruptcy trustee should be permitted to recover damages from these third …

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American Ideals & Human Rights: Findings From New Public Opinion Research By The Opportunity Agenda, Alan Jenkins, Kevin Shawn Hsu Jan 2008

American Ideals & Human Rights: Findings From New Public Opinion Research By The Opportunity Agenda, Alan Jenkins, Kevin Shawn Hsu

Fordham Law Review

No abstract provided.

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"Federalizing" Immigration Law: International Law As A Limitation On Congress's Power To Legislate In The Field Of Immigration, Shayana Kadidal Jan 2008

"Federalizing" Immigration Law: International Law As A Limitation On Congress's Power To Legislate In The Field Of Immigration, Shayana Kadidal

Fordham Law Review

No abstract provided.

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The Role Of International Bodies In Influencing U.S. Policy To End Violence Against Women, Lenora M. Lapidus Jan 2008

The Role Of International Bodies In Influencing U.S. Policy To End Violence Against Women, Lenora M. Lapidus

Fordham Law Review

No abstract provided.

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The Four Freedoms: Good Neighbors Make Good Law And Good Policy In A Time Of Insecurity, Mark R. Shulman Jan 2008

The Four Freedoms: Good Neighbors Make Good Law And Good Policy In A Time Of Insecurity, Mark R. Shulman

Fordham Law Review

No abstract provided.

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Getting Beyond The Crossfire Phenomenon: A Militant Moderate's Take On The Role Of Foreign Authority In Constitutional Interpretation, Melissa A. Waters Jan 2008

Getting Beyond The Crossfire Phenomenon: A Militant Moderate's Take On The Role Of Foreign Authority In Constitutional Interpretation, Melissa A. Waters

Fordham Law Review

No abstract provided.

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Lower Courts And Constitutional Comparativism, Roger P. Alford Jan 2008

Lower Courts And Constitutional Comparativism, Roger P. Alford

Fordham Law Review

No abstract provided.

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Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel Jan 2008

Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel

Fordham Law Review

No abstract provided.

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The Corporate Governance And Public Policy Implications Of Activist Distressed Debt Investing, Michelle M. Harner Jan 2008

The Corporate Governance And Public Policy Implications Of Activist Distressed Debt Investing, Michelle M. Harner

Fordham Law Review

Activist institutional investors traditionally have invested in a company's equity to try to influence change at the company. Some of these investors, however, are now purchasing a company's debt for this same purpose. They may seek to change a company's management and board personnel, operational strategies, asset holding, or capital structure. The Chapter 11 bankruptcy cases of Allied Holdings, Inc. and its affiliates exemplify the stategies of activist distressed debt investors. In the Allied cases, Yucaipa Companies, a distressed debt investor, puchased approximately 66% of Allied's outstanding general unsecured bond debt. Yucaipa used this debt position to exert significant influence …

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Givings And The Next Copyright Deferment, Lindsay Warren Bowen, Jr. Jan 2008

Givings And The Next Copyright Deferment, Lindsay Warren Bowen, Jr.

Fordham Law Review

In 1998, Congress granted a twenty-year deferment to expiring copyrights with the Copyright Term Extension Act (CTEA). Ten years later, debate over the Act's wisdom continues unabated. Major camps in the debate view the CTEA variously as a constitutional prerogative, an economic imperative, and a war on cultural freedom. This Note sidesteps this underlying debate, and, borrowing the property law concept of "givings," examines the result of charging for future copyright deferments. Under this analysis, a givings-based solution would force unproductive copyrights into the public domain faster and more effectively than current approaches, while protecting the most important assets of …

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The New Antifraud Rule: Is Sec Enforcement The Most Effective Way To Protect Investors From Hedge Fund Fraud?, Kathleen E. Lange Jan 2008

The New Antifraud Rule: Is Sec Enforcement The Most Effective Way To Protect Investors From Hedge Fund Fraud?, Kathleen E. Lange

Fordham Law Review

Hedge Funds have consistently grown in both size and influence. Traditionally, hedge funds escaped regulation because access was limited to the wealthy and sophisticated. However, due to inflation, the wealth threshold has become more attainable to less sophisticated investors. Also, an increasing number of pension funds and other institutional investors have begun to invest a significant portion of their money in hedge funds. This increased growth, combined with the "retailization" of the industry, has led to concern over whether investors are adequately protected from the corresponding growth in hedge fund fraud. This Note argues that, absent new legislation, the SEC …

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Assessing Fourth Amendment Challenges To Dna Extraction Statutes After Samson V. California, Charles J. Nerko Jan 2008

Assessing Fourth Amendment Challenges To Dna Extraction Statutes After Samson V. California, Charles J. Nerko

Fordham Law Review

DNA plays an indespensable role in modern law enforcement, and courts uniformly find that DNA extraction statutes targeting criminals satisfy the Fourth Amendment. Courts differ on which Fourth Amendment test--totality of the circumstances or special needs--ought to be employed in this context. This Note concludes the courts should apply Samson v. California's less stringent totality of the circumstances test to analyze DNA extraction statutes in order to maintain the integrity of the special needs test.

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Intentional Sex Torts, Deana Pollard Sacks Jan 2008

Intentional Sex Torts, Deana Pollard Sacks

Fordham Law Review

Intentional tort law generally protects personal autonomy and self-determination vigorously by requiring fair disclosure before consent to physical contact is considered voluntary and valid. A glaring exception exists regarding consent to sexual relations. Although American law historically has provided remedies for fraudulent or other tortious inducement of sexual relations, current sex tort jurisprudence offers virtually no protection. The law’s contemporary “caveat emptor” approach to cases of sexual autonomy infringement is inappropriate because it departs from fundamental principles of intentional tort doctrine. In addition, the current law supports a “false” norm that sexual misappropriation is acceptable. Current law fails to protect …

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Sentencing Luxury: The Valuation Debate In Sentencing Traffickers Of Counterfeit Luxury Goods, Jana Nicole Checa Chong Jan 2008

Sentencing Luxury: The Valuation Debate In Sentencing Traffickers Of Counterfeit Luxury Goods, Jana Nicole Checa Chong

Fordham Law Review

This Note examines the contentious debate that exists regarding the property valuation used by the U.S. Sentencing Guidelines with regard to counterfeiting. Currently, the Sentencing Guidelines employ “street value.” However, many scholars and organizations argue that the alternative use of “retail value” will best assess the harm to the intellectual property owner as well as combat the growing problem of counterfeiting. This Note suggests that amending the Sentencing Guidelines, in order to allow for application of “retail value,” will best combat a growing national and international problem posed by the counterfeit luxury goods market.

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Proper Assertion Of The Deliberative Process Privilege: The Agency Head Requirement, Shilpa Narayan Jan 2008

Proper Assertion Of The Deliberative Process Privilege: The Agency Head Requirement, Shilpa Narayan

Fordham Law Review

Can any employee of an executive agency assert the deliberative process privilege in order to withhold information in response to a valid request? This Note examines the agency head requirement for assertion of the deliberative process privilege and concludes that only executive officials possessing policy-making authority may invoke the privilege. Such privilege determinations must come from a policy-making official in order to curb abuse and maintain the integrity of executive decisions. Recognition of such a policy-making distinction with regard to the agency head requirement will serve both the Executive’s and the public’s interest in ensuring effective governance.

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Probabilistic Sales Forecasting For Small And Medium-Size Business Operations, Randall E. Duran Jan 2008

Probabilistic Sales Forecasting For Small And Medium-Size Business Operations, Randall E. Duran

Research Collection School Of Computing and Information Systems

One of the most important aspects of operating a business is the forecasting of sales and allocation of resources to fulfill sales. Sales assessments are usually based on mental models that are not well defined, may be biased, and are difficult to refine and improve over time. Defining sales forecasting models for small- and medium-size business operations is especially difficult when the number of sales events is small but the revenue per sales event is large. This chapter reviews the challenges of sales forecasting in this environment and describes how incomplete and potentially suspect information can be used to produce …

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Columbia University/Vireo-Cityu/Irit Trecvid2008 High-Level Feature Extraction And Interactive Video Search, Shih-Fu Chang, Junfeng He, Yu-Gang Jiang, Elie El Khoury, Chong-Wah Ngo, Akira Yanagawa, Eric Zavesky Jan 2008

Columbia University/Vireo-Cityu/Irit Trecvid2008 High-Level Feature Extraction And Interactive Video Search, Shih-Fu Chang, Junfeng He, Yu-Gang Jiang, Elie El Khoury, Chong-Wah Ngo, Akira Yanagawa, Eric Zavesky

Research Collection School Of Computing and Information Systems

In this report, we present overview and comparative analysis of our HLF detection system, which achieves the top performance among all type-A submissions in 2008. We also describe preliminary evaluation of our video search system, CuZero, in the interactive search task.

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Concept Detection: Convergence To Local Features And Opportunities Beyond, Shih-Fu Chang, Junfeng He, Yu-Gang Jiang, Elie El Khoury, Chong-Wah Ngo, Akira Yanagawa, Eric Zavesky Jan 2008

Concept Detection: Convergence To Local Features And Opportunities Beyond, Shih-Fu Chang, Junfeng He, Yu-Gang Jiang, Elie El Khoury, Chong-Wah Ngo, Akira Yanagawa, Eric Zavesky

Research Collection School Of Computing and Information Systems

No abstract provided.

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Flirting With A Flourish, Manoj Thulasidas Jan 2008

Flirting With A Flourish, Manoj Thulasidas

Research Collection School Of Computing and Information Systems

Sophistication is a French invention. The French are masters when it comes to nurturing, and more importantly, selling sophistication. Think of some expensive (and therefore classy) brands. Chances are that more than half of the ones that spring to mind would be French. And the other half would be distinctly French-sounding wannabes.

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Benford And Your Taxes, Manoj Thulasidas Jan 2008

Benford And Your Taxes, Manoj Thulasidas

Research Collection School Of Computing and Information Systems

Nothing is certain but death and taxes, they say. On the death front, we are making some inroads with all our medical marvels, at least in postponing it if not actually avoiding it. But when it comes to taxes, we have no defense other than a bit of creativity in our tax returns.

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Enhancing Recursive Supervised Learning Using Clustering And Combinatorial Optimization (Rsl-Cc), Kiruthika Ramanathan, Sheng Uei Guan Jan 2008

Enhancing Recursive Supervised Learning Using Clustering And Combinatorial Optimization (Rsl-Cc), Kiruthika Ramanathan, Sheng Uei Guan

Research Collection School Of Computing and Information Systems

The use of a team of weak learners to learn a dataset has been shown better than the use of one single strong learner. In fact, the idea is so successful that boosting, an algorithm combining several weak learners for supervised learning, has been considered to be one of the best off-the-shelf classifiers. However, some problems still remain, including determining the optimal number of weak learners and the overfitting of data. In an earlier work, we developed the RPHP algorithm which solves both these problems by using a combination of genetic algorithm, weak learner and pattern distributor. In this paper, …

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Collective Outsourcing To Market (Com): A Market-Based Framework For Information Supply Chain Outsourcing, Fang Fang, Zhiling Guo, Andrew B. Whinston Jan 2008

Collective Outsourcing To Market (Com): A Market-Based Framework For Information Supply Chain Outsourcing, Fang Fang, Zhiling Guo, Andrew B. Whinston

Research Collection School Of Computing and Information Systems

This paper discusses the importance of and a solution to separating the information flow from the physical product flow in a supply chain. Motivated by the inefficient demand forecast caused by information asymmetry and lack of an incentive among supply chain partners to share valuable information, we propose a radically new framework called collective outsourcing to market (COM) to address many information supply chain design challenges. To validate the COM framework, we consider a supply chain with one manufacturer and multiple downstream retailers. Retailers privately acquire demand forecast information that they do not have incentive to share horizontally with other …

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Program Assessment: A Structured, Systematic, Sustainable Example For Civil Engineers, Allen C. Estes, Ronald W. Welch, Stephen J. Ressler Jan 2008

Program Assessment: A Structured, Systematic, Sustainable Example For Civil Engineers, Allen C. Estes, Ronald W. Welch, Stephen J. Ressler

Architectural Engineering

As the outcomes-based accreditation process continues to evolve since its implementation six years ago, the standards for program assessment and continuous improvement are progressively being raised and many schools struggle with what is required. This paper offers an example of a structured, systematic, sustainable assessment program implemented by the civil engineering program at the United States Military Academy. The process is compatible with the university assessment process and has eight years of documented results. The assessment includes fast loop and slow loop cycles that accomplish very different things. Other features include standardized course assessments, embedded indicators, performance measures for all …

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Tilt-Up Building Seismic Design - Precast Or Cast-In Place?, Joe Steinbicker, John Lawson Jan 2008

Tilt-Up Building Seismic Design - Precast Or Cast-In Place?, Joe Steinbicker, John Lawson

Architectural Engineering

Tilt-up buildings have been successfully designed and constructed throughout the United States for over fifty years. Today, the tiltup method of construction is used extensively to build all types of buildings, currently at a rate of 300,000,000 square feet of tilt-up concrete panels constructed in the United States each year. Recently, with the adoption of the 2006 edition of the International Building Code (IBC) in conjunction with the ASCE 7-05 Minimum Design Loads for Buildings and Other Structures , there has developed some confusion over what building type should tilt-up construction be classified for the purposes of seismic design – …

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Indeterminacy And The Establishment Clause, Frederick Mark Gedicks Jan 2008

Indeterminacy And The Establishment Clause, Frederick Mark Gedicks

Faculty Scholarship

Prepared for a symposium on Kent Greenawalt, 2 Religion and the Constitution: Establishment and Fairness (Princeton, 2008), this essay responds to Professor Greenawalt's criticism of my argument in The Rhetoric of Church and State (Duke, 1995), that Establishment Clause doctrine is the incoherent residue of conflicting rhetorical discourses of religious communitarianism and secular individualism. Not only are the Supreme Court's Establishment Clause decisions inconsistent at the margins, but there is no identifiable core meaning that can account for these decisions. The essay concludes that, contra Greenawalt, the thesis of conflicting rhetorical discourses remains the most powerful explanation of the Court's …

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How To Mesure And Report Growing Conditions For Experiments In Controlled Environments., Mp Fuller, J Franklin, Ld Incoll Jan 2008

How To Mesure And Report Growing Conditions For Experiments In Controlled Environments., Mp Fuller, J Franklin, Ld Incoll

School of Biological and Marine Sciences

No abstract provided.

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Unified Power Quality Conditioner For Grid Integration Of Wind Generators, Jayanti Navilgone Ganesh Jan 2008

Unified Power Quality Conditioner For Grid Integration Of Wind Generators, Jayanti Navilgone Ganesh

Doctoral

A Unified Power Quality Conditioner (UPQC) is relatively a new member of the custom power device family. It is a comprehensive custom power device, with integrated shunt and series active filters. The cost of the device, which is higher than other custom power/FACTS devices, because of twin inverter structure and control complexity, will have to be justified by exploring new areas of application where the cost of saving power quality events outweighs the initial cost of installation. Distributed generation (such as wind generation) is one field where the UPQC can find its potential application. There has been a considerable increase …

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Drop Photometer Design., Kevin Tiernan Jan 2008

Drop Photometer Design., Kevin Tiernan

Doctoral

The tensiograph drop analyser, operating in the mode of ultraviolet-visual absorption photometer, was re-engineered to improve measurement accuracy. As well as instrumentation re-design, the other objective of the research was to analyse tensiograph signals to explore how their features are defined by drop properties. Using fibre optic technology, the tensiograph emits a light beam into a growing pendant drop whereupon it undergoes a number of internal reflections. A portion of the reflected light energy is coupled to a photodiode producing a proportional current that is electronically processed and transferred to a computer for analysis. The signal produced, known as the …

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Development Of Fiber Bend Loss Edge Filter, Pengfei Wang Jan 2008

Development Of Fiber Bend Loss Edge Filter, Pengfei Wang

Doctoral

This PhD thesis addresses several aspects of macrobending loss in single-mode optical fibers. The context for the work is the development of an edge filter for a rapid wavelength measurement system. Based on scalar approximation theory and the beam propagation method, a simulation platform is developed and used to predict the macrobending loss of singlemode fiber with single or multiple coating layers. A single-mode step index fiber macrobending loss edge filter is investigated theoretically in terms of baseline loss, discrimination range and polarization dependent loss (PDL). The theoretical analysis is supported by a range of experimental investigations and results. The …

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The Influence Of The Servicescape On Post-Consumption Processes, Daire Hooper Jan 2008

The Influence Of The Servicescape On Post-Consumption Processes, Daire Hooper

Doctoral

The physical and atmospheric cues in service environments have long been accepted as potent contributors to consumers’ overall evaluations of their service experiences. Theoretical frameworks conceptualising how these environmental cues impact on both emotional and cognitive processes have been put forward, yet the empirical work supporting these theories has become highly disjointed with a great deal of confusion regarding what should be classified as an environmental stimulus. By integrating the extant literature, this dissertation attempts to overcome theoretical ambiguities and proposes a second order factor model of service environments, also known as the servicescape, which is subsequently tested using a …

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