Digital Commons Network^™

Marks Of Rectitude, Margaret Chon

Fordham Law Review

No abstract provided.

Outsourcing Immigration Compliance, Eleanor Marie Lawrence Brown

Fordham Law Review

Immigration is a hot-button issue about which Americans have sent a clear message. They prefer not to admit more aliens until the government is able to screen credibly for entrants who will abide by the terms of admission and sanction those who do not. While immigration debates now focus almost entirely on undocumented workers, they have overshadowed another critical, yet poorly understood, challenge: designing institutions to screen properly for aliens who are visa-compliant and sanction noncompliant aliens. Because failed guest worker programs unquestionably increase the size of the undocumented population, this Article addresses the difficulty of institutional design by analyzing …

Interpreting The 1997 Amendment To The Idea: Did Congress Intend To Limit The Remedy Of Private School Tuition Reimbursement For Disabled Children?, Emily S. Rosenblum

Fordham Law Review

The Individuals with Disabilities Education Act (IDEA) requires school districts to fund private school placements for disabled children who cannot be educated appropriately in public school. This Note explores the conflict over whether private school tuition reimbursement should be available under the IDEA to parents who place their disabled children in private school without previously receiving special education from a public agency. The conflict hinges on whether a 1997 amendment to the IDEA foreclosed the equitable considerations previously utilized by the courts to determine whether tuition reimbursement was appropriate and limited the remedy to cases where the child previously received …

Untying Our Hands: The Case For Uniform Personal Jurisdiction Over "Libel Tourists", Todd W. Moore

Fordham Law Review

This Note analyzes the growing trend of “Libel Tourism,” wherein a plaintiff files a defamation lawsuit in a foreign forum primarily to avail himself of its plaintiff-friendly libel laws. Many critics of the practice argue that (1) such claims can effectively circumvent the First Amendment to the U.S. Constitution, and (2) U.S. courts should be able to adjudicate the enforceability of such foreign judgments in the United States. In light of recent legislative developments, this Note focuses with particularity on whether, and in what instances, U.S. courts may assert personal jurisdiction over libel tourists for the purpose of issuing such …

Toward A Duty-Based Theory Of Executive Power, David M. Driesen

Fordham Law Review

This article develops a duty-based theory of executive power. This theory maintains that the Constitution seeks to instill a duty in all executive branch officers to faithfully execute the law. Conversely, the Constitution’s Framers and Ratifiers did not intend to empower the President to distinctively shape the law to suit his policy preferences or those of his party. Rather, they envisioned a model of “disinterested leadership” serving rule-of-law values. Because of the Ratifiers’ and Framers’ interest in preventing abuse of executive power, the Constitution obligates executive branch officials to disobey illegal presidential directives and creates a major congressional role in …

The Immigration Representation Project: Meeting The Critical Needs Of Low-Wage And Indigent New Yorkers Facing Removal, Joho Annobil

Fordham Law Review

No abstract provided.

Barriers To Representation For Detained Immigrants Facing Deportation: Varick Street Detention Facility, A Case Study, Peter L. Markowitz

Fordham Law Review

No abstract provided.

Regulating Immigration Legal Service Provider: In Adequate Representation And Notario Fraud, Careen Shannon

Fordham Law Review

Immigrants are often easy prey for bogus or incompetent attorneys, "notarios," scam artists, and other bad actors who take advantage of immigrants' limited knowledge of U.S. law, lack of English fluency, and lack of cultural knowledge to charge exorbitant fees for wild promises of green cards and citizenship that the bad actors annot-or in some cases never inteded to-deliver. Such exploitation is merely a symptom, however, of the larger prolem of inadequate access to competent legal counsel by foreign nationals seeking to navigate our labyrinthine scheme of immigration laws, regulations, and policies. ontrary to popular belief, not all of these …

A View From The Immigration Bench, Noel Brennan

Fordham Law Review

No abstract provided.

Mediation Exceptionality, Jacqueline Nolan-Haley

Fordham Law Review

No abstract provided.

Toward Effective Implementation Of 11 U.S.C. § 522(D)(11)(E): Invigorating A Powerful Bankruptcy Exemption, Uriel Rabinovitz

Fordham Law Review

This Note explores how bankruptcy courts have analyzed and applied the 11 U.S.C. § 522(d)(11)(E) bankruptcy exemption and the confusion generated by its conflicting interpretations. This Note reviews and scrutinizes the history of the Bankruptcy Law, its goals and purposes, the differences between its underlying themes, and specific mechanisms involved in the implementation of bankruptcy exemptions. With a broader understanding of the rationale behind bankruptcy laws in combination with the relevant legislative history, this Note sets the stage and advocates for an increased consistency in the analysis and application of the 11 U.S.C. § 522(d)(11)(E) exemption.

When Cows Fly: Expanding Cognizable Injury-In-Fact And Interest Group Litigation, Robert Terenzi, Jr.

Fordham Law Review

This Note takes an in-depth look at standing and, specifically, the extent to which increased risk of exposure to toxins caused by a government agency’s regulations constitutes a judicially cognizable injury-in-fact. Despite over a century of case law on the topic, standing doctrine remains in flux and ill defined, largely due to the constantly changing ideological makeup of the U.S. Supreme Court. The lower courts are divided on the question of whether increased risk of future harm constitutes an injury-in-fact. Using Baur v. Veneman as a case study, this Note argues for the expansion of the definition of injury-in-fact to …

Categorization Of Regional And Foreign Accent In 5-To 7-Year-Old British Children, Caroline Floccia, Joseph Butler, Frédérique Girard, Jeremy Goslin

School of Psychology

No abstract provided.

The Economic Determinants Of Crop Diversity On Farms In Rural Bangladesh, S Rahman

School of Geography, Earth and Environmental Sciences

The study examines the economic determinants of crop diversity using a survey of 406 farmers located in 21 villages in three agro-ecological regions of Bangladesh. The computed value of diversity indices of crop concentration (Herfindahl), richness (Margalef) and evenness (Shannon) confirm that farming system in Bangladesh is still relatively diverse despite four decades of thrust in the diffusion of a rice-based ‘Green Revolution’ technology. Results reveal that a host of price and non-price factors significantly influence farmers’ decision to diversify. Likelihood of diversification increases with a fall in the prices of fertilizers, animal power services and modern rice and a …

Regulation Of The Fibrosis And Angiogenesis Promoter Sparc/Osteonectin In Human Adipose Tissue By Weight Change, Leptin, Insulin, And Glucose., Katrina Kos, Steve Wong, Bee Tan, Anders Gummesson, Margareta Jernas, Niclas Franck, David Kerrigan, Fredrik H. Nystrom, Lena M.S. Carlsson, Harpal S. Randeva, Jonathan H. Pinkney, John P.H. Wilding

Peninsula Medical School

OBJECTIVE: Matricellular Secreted Protein, Acidic and Rich in Cysteine (SPARC), originally discovered in bone as osteonectin, is a mediator of collagen deposition and promotes fibrosis. Adipose tissue collagen has recently been found to be linked with metabolic dysregulation. Therefore, we tested the hypothesis that SPARC in human adipose tissue is influenced by glucose metabolism and adipokines. RESEARCH DESIGN AND METHODS: Serum and adipose tissue biopsies were obtained from morbidly obese nondiabetic subjects undergoing bariatric surgery and lean control subjects for analysis of metabolic markers, SPARC, and various cytokines (RT-PCR). Additionally, 24 obese subjects underwent a very-low-calorie diet of 1,883 kJ …

Objectively Measured Physical Activity And Its Association With Adiponectin And Other Novel Metabolic Markers: A Longitudinal Study In Children (Earlybird 38)., Bs Metcalf, An Jeffery, J Hosking, Ld Voss, N Sattar, Tj Wilkin

Peninsula Medical School

OBJECTIVE: Recent evidence suggests that, in children, traditional markers of metabolic disturbance are related only weakly to physical activity. We therefore sought to establish the corresponding relationships with newer metabolic markers. RESEARCH DESIGN AND METHODS: This was a nonintervention longitudinal study of 213 healthy children recruited from 54 schools in Plymouth, U.K. MTI accelerometers were used to make objective 7-day recordings of physical activity at ages 5 +/- 0.3 (mean +/- SD), 6, 7, and 8 years. Overall physical activity was taken as the average of the four annual time points. The metabolic markers at 8 years were adiponectin, leptin, …

A Petri Net-Based Approach To Reconfigurable Manufacturing Systems Modeling, Linda L. Zhang, Brian Rodrigues

Research Collection Lee Kong Chian School Of Business

Reconfigurable manufacturing systems (RMSs) have been used to provide manufacturing companies with the required capacities and capabilities, when needed. Recognizing (1) the importance of dynamic modeling and visualization in decision making support in RMSs and (2) the limitations of the existing studies, we model RMSs based on Petri net (PN) techniques with focus on the process of reconfiguring system elements while considering constraints and system performance. In response to the modeling difficulties identified, a new formalism of colored timed PNs is introduced. In conjunction with colored tokens and timing in colored PNs and timed PNs, we further define a reconfiguration …

Idiosyncratic Risk And The Cross-Section Of Expected Stock Returns, Fangjian Fu

Research Collection Lee Kong Chian School Of Business

Theories such as Merton (1987, Journal of Finance) predict a positive relation between idiosyncratic risk and expected return when investors do not diversify their portfolio. Ang, Hodrick, Xing, and Zhang (2006, Journal of Finance 61, 259-299) however find that monthly stock returns are negatively related to the one-month lagged idiosyncratic volatilities. I show that idiosyncratic volatilities are time-varying and thus their findings should not be used to imply the relation between idiosyncratic risk and expected return. Using the exponential GARCH models to estimate expected idiosyncratic volatilities, I find a significantly positive relation between the estimated conditional idiosyncratic volatilities and expected …

Representing The Refugee: Rhetoric, Discourse And The Public Agenda, John M. Cartner

Theses

The central concern of this dissertation is to examine representation and selfrepresentation as they pertain to this nation’s response to asylum seekers between the Tampa affair in August 2001 and the defeat of the Coalition government in the 2007 federal election. The first half of the dissertation examines the representation of refugees in two of the nation’s prominent newspapers, The West Australian and The Australian. Drawing upon the work of Stuart Hall, Edward Said, Michel Foucault and others it is contended that in the Australian government and media’s representation of asylum seekers Manichean-based ideologies can be traced, which serve …

Business Schools: Positioning, Rankings, Research And Futures, Howard Thomas

Research Collection Lee Kong Chian School Of Business

In a recent paper (Thomas, 2007) I noted that, despite the undoubted success of business schools and particularly MBA programmes (Antunes and Thomas, 2007, p. 382), there has been considerable discussion about the purpose of business schools in modern universities. Indeed, I pointed out (Thomas, 2007, p. 9) that business schools “currently face an image and identity crisis and have been subject to a wide range of critical reviews about their societal status as academic and professional schools”. Bennis and O’Toole (2005); Ghoshal (2005); Pfeffer and Fong (2004); and Mintzberg and Gosling (2002) have suggested that business schools are too …

Assessment Centers At The Crossroads: Toward A Reconceptualization Of Assessment Center Exercises, Filip Lievens, Robert P. Tett, Deidra J. Schleicher

Research Collection Lee Kong Chian School Of Business

Exercises are key components of assessment centers (ACs). However, little is known about the nature and determinants of AC exercise performance. The traditional exercise paradigm primarily emphasizes the need to simulate task, social, and organizational demands in AC exercises. This chapter draws on trait activation theory in proposing a new AC exercise paradigm. First, we develop a theoretical framework that addresses the complexity of situational characteristics of AC exercises as determinants of AC performance. Second, we argue for planting multiple stimuli within exercises as a structured means of eliciting candidate behavior. Third, we show how the new paradigm also has …

Changing To Daylight Saving Time Cuts Into Sleep And Increases Workplace Injuries, Christopher M. Barnes, David Turley Wagner

Research Collection Lee Kong Chian School Of Business

The authors examine the differential influence of time changes associated with Daylight Saving Time on sleep quantity and associated workplace injuries. In Study 1, the authors used a National Institute for Occupational Safety and Health database of mining injuries for the years 1983–2006, and they found that in comparison with other days, on Mondays directly following the switch to Daylight Saving Time—in which 1 hr is lost—workers sustain more workplace injuries and injuries of greater severity. In Study 2, the authors used a Bureau of Labor Statistics database of time use for the years 2003–2006, and they found indirect evidence …

Chinese Philanthropy In Southeast Asia: Between Continuity And Change, Thomas Menkhoff

Research Collection Lee Kong Chian School Of Business

What makes ethnic Chinese philanthropy tick? Thomas Menkhoff looks at what drives prominent Chinese business leaders to give back to society and offers a glimpse of the changing face of ethnic philanthropy.

Impact Of Heavy Metals On Childhood Behaviors And Development: A Uae Study, Said Yousef Ahmad Abdel Razeq

Theses

BACKGROUND: Environmental toxic metal exposure is well known to adversely affect children's development and behavior. To our knowledge, there are no studies that carefully examined this potential hazard in UAE and Gulf countries.

OBJECTIVES: The aim of this case-control study was to determine blood concentrations of 12 heavy metals in school-age children in Al Ain City. The other aim was to correlate the blood levels with developmental (e.g., learning disability) and behavioral (e.g., Attention Deficit/Hyperactivity Disorder) problems in children.

METHODS: One hundred and forty seven subjects (73 with developmental and/or behavioral disorders and 74 controls) participated in the study. The …

Maximizing Throughput Of Bucket Brigades On Discrete Work Stations, Yun Fong Lim, Kum Khiong Yang

Research Collection Lee Kong Chian School Of Business

One way to coordinate workers along an assembly line that has fewer workers than work stations is to form a bucket brigade. The throughput of a bucket brigade on discrete work stations may be compromised due to blocking even if workers are sequenced from slowest to fastest. For a given work distribution on the stations we find policies that maximize the throughput of the line. When workers have very different production rates, fully cross-training the workers and sequencing them from slowest to fastest is almost always the best policy. This policy outperforms other policies for most work distributions except for …

Does Size Matter In The Hedge Fund Industry?, Song Wee Melvyn Teo

Research Collection Lee Kong Chian School Of Business

We document a negative and convex relationship between hedge fund size and future risk-adjusted returns. Small hedge funds outperform large hedge funds by 3.65 percent per year after adjusting for risk. This over performance is not driven by fund age, leverage, serial correlation, or self-selection biases. The capacity constraints manifest across various investment styles and regions. In particular, they are strongest for funds managed by multiple principals who trade small, illiquid securities, suggesting that the observed diseconomies can be traced to price impact and hierarchy costs (Stein, 2002). While investors direct disproportionately more capital to smaller funds, they do not …

The Geometry Of The Space Of Oriented Geodesics Of Hyperbolic 3-Space, Nikos Georgiou

Theses

In this thesis we construct a Kähler structure (J, Ω, G) on the space L(H³) of oriented geodesics of hyperbolic 3-space H³ and investigate its properties. We prove that (L(H³),J) is biholomorphic to (see thesis pdf), and that the Kähler metric G is of neutral signature, conformally flat and scalar flat.

We establish that the identity component of the isometry group of the metric G on L(H³) is isomorphic to the identity component of the hyperbolic isometry group. We show that the geodesics of G correspond to ruled minimal surfaces in H3, which …

Study Of The Sarbanes-Oxley Act Of 2002 Section 404 Internal Control Over Financial Reporting Requirements, Gennaro Bernile

Research Collection Lee Kong Chian School Of Business

No abstract provided.

Investor Reaction To Women Directors, E. Kang, David K. Ding, C. Charoenwong

Research Collection Lee Kong Chian School Of Business

Existing studies on women directorships present equivocal results on the association between appointing women directors and firm performance. These studies tend to focus on western countries and largely ignore investors' reactions to such appointments. This paper applies the financial event study method and finds that investors generally respond positively to the appointment of women directors in Singaporean firms. Regression analyses also reveal that investors are most receptive when the women are independent directors and are least receptive when the directors assume the CEO role. This study not only tests the theory of gender diversity in an Asian context but also …

Firm Capability, Corporate Governance, And Firm Competitive Behavior: A Multi-Dimensional Framework, Jinyu He, Joseph T. Mahoney, Heli Wang

Research Collection Lee Kong Chian School Of Business

In this paper, we propose two possible remedies for corporate governance research. First, when examining the effects of corporate governance, researchers may want to simultaneously consider the role of firm resources and capabilities. Second, linking corporate governance with firm-level competitive behaviour rather than with firm-level performance may enable researchers to detect more nuances about the effects of corporate governance. We base our propositions on the notion that 'capability' and 'motivation' are the two fundamental drivers of firm competitive behaviour. Firm resources/capabilities, which correspond to the capability driver, define the potential level of a firm's competitive activity. Further, corporate governance, by …