Digital Commons Network^™

For-Profit Philanthropy, Dana Brakman Reiser

Fordham Law Review

This Essay examines Google’s adoption of the novel and unorthodox for-profit philanthropy model. Google created a division of its for-profit company that is tasked with pursuing philanthropic activities. Specifically, this division is responsible for addressing the global issues of climate change, poverty, and emerging diseases. Of course, companies have long blended philanthropic and business objectives. They make contributions, commit to corporate social responsibility, or even form as social enterprises. For-profit philanthropy, though, differs from these familiar techniques in both structure and scale. Likewise, for-profit philanthropy stands in stark contrast to the nonprofit, tax-exempt form of organization typically used by those …

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 …

Combat Veterans, Mental Health Issues, And The Death Penalty: Addressing The Impact Of Post-Traumatic Stress Disorder And Traumatic Brain Injury, Anthony E. Giardino

Fordham Law Review

More than 1.5 million Americans have participated in combat operations in Iraq and Afghanistan over the past seven years. Some of these veterans have subsequently committed capital crimes and found themselves in our nation’s criminal justice system. This Essay argues that combat veterans suffering from post-traumatic stress disorder or traumatic brain injury at the time of their offenses should not be subject to the death penalty. Offering mitigating evidence regarding military training, post-traumatic stress disorder, and traumatic brain injury presents one means that combat veterans may use to argue for their lives during the sentencing phase of their trials. Alternatively, …

Beyond Lawrence V. Texas: Crafting A Fundamental Right To Sexual Privacy, Kristin Fasullo

Fordham Law Review

After the watershed 2003 U.S. Supreme Court decision Lawrence v. Texas, courts are faced with the daunting task of navigating the bounds of sexual privacy in light of Lawrence’s sweeping language and unconventional structure. This Note focuses on the specific issue of state governments regulating sexual device distribution. Evaluating the substantive due process rights of sexual device retailers and users, this Note ultimately argues that the privacy interest identified in Lawrence is sufficiently broad to protect intimate decisions to engage in adult consensual sexual behavior, including the liberty to sell, purchase, and use a sexual device.

Ferreting Out Favoritism: Bringing Pretext Claims After Kelo, Daniel S. Hafetz

Fordham Law Review

In 2005, the U.S. Supreme Court ruled in Kelo v. City of New London that governments may take one’s private property and give it to another for the purpose of promoting economic development.  The Court held that, in evaluating Fifth Amendment challenges to such takings, courts should defer to legislative judgments as to what constitutes a valid public purpose.  Critics argue that this decision opened the floodgates to pretextual abuse.  Specifically, they contend that local governments that exercise the eminent domain power are often motivated by a desire to favor another private party.  After Kelo, courts have struggled to reconcile …

Hedges Or Thickets: Protecting Investors From Hedge Fund Managers' Conflicts Of Interest, Ryan Sklar

Fordham Law Review

This Note examines the conflicts of interest that hedge fund managers face and the negative effects that these conflicts can have on hedge fund investors. Taking a bifurcated approach, this Note analyzes the regulation of hedge funds at both the federal and state level, focusing specifically on the regulation of conflict transactions. With an emphasis on the retailization of the hedge fund industry, this Note demonstrates the inadequacy of the safeguards from such conflicts of interest that the law currently affords investors. Given the public interest in protecting the growing number of “ordinary” investors who indirectly invest in hedge funds, …

A Close Look At Adea Mixed-Motives Claims And Gross V. Fbl Financial Services, Inc., Leigh A. Van Ostrand

Fordham Law Review

In Gross v. FBL Financial Services, Inc., the U.S. Supreme Court held that a plaintiff bringing a claim for disparate treatment under the Age Discrimination in Employment Act (ADEA) could not shift the burden of persuasion to the defendant, even after the plaintiff had established that age was a motivating factor in the defendant’s adverse employment decision. Prior to Gross, ADEA plaintiffs had two available frameworks to prove claims for intentional age discrimination: the three-prong McDonnell Douglas Corp. v. Green framework that creates an inference of discrimination using a prima facie case, and the burden-shifting, “mixed-motives” analysis laid out in …

Post-Davis Conduit Bonds: At The Intersection Of The Dormant Commerce Clause And Municipal Debt, Sean Carey

Fordham Law Review

This Note addresses the constitutionality of the selective taxation of conduit bonds, a subset of municipal bonds that finance private enterprise, in the aftermath of the U.S. Supreme Court’s decision in Department of Revenue v. Davis. In Davis, the Court determined that states could tax interest earned on out-of-state municipal bonds while exempting interest earned on its own bonds without violating the Commerce Clause of the Constitution. When issuing this ruling, the Court drew a distinction between municipal bonds issued on behalf of the government and municipal bonds issued on behalf of private industry. The question of whether or not …

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.

The Dog That Didn't Bark: Stealth Procedures And The Erosion Of Stare Decisis In The Federal Courts Of Appeal, Amy E. Sloan

Fordham Law Review

Informal en banc review is a procedural expedient that nine of the the thirteen federal circuits use to circumvent the requirements of formal en banc review. Panels invoke informal en banc review to overrule prior panel precdent in contravention of the law of the circuit rule, as well as to take other actions normally reserved for the full court sitting en banc. The circuits taht use informal en banc review say the procedure is to be used rarely. In practice, however, the frequency of informal in banc review is significant when compared with formal en banc review. Informal en banc …

It's Been A Privilege: Advising Patients Of The Tarasoff Duty And Its Legal Consequences For The Federal Psychotherapist-Patient Privilege, Elisia Klinka

Fordham Law Review

State laws modeled on Tarasoff v. Regents of the University of California require psychotherapists to warn potential victims of law enforcement when treating dangerous patients who make serious threats of harm to another person. In practice, many psychotherapists advise their patients who make such threats about their duty under these Tarasoff-model laws. Although they are not required to make these advisories by law, psychotherapists generaly assume that they asldo have a concomitant ethical duty to advise their patients taht such threats will not be kept confidential, as their communications normally world be. This Note looks at how these advisories affect …

Delayed Access To Generic Medicine: A Comment On The Hatch-Waxman Act And The "Approval Bottleneck, Ankur N. Patel

Fordham Law Review

Prescription drug costs can be astronomical. The advent of generic drugs, which sell at substantially lower prices than their brand-name counterparts, can save consumers billions of dollars per year. The Hatch-Waxman Act, which governs the introduction of generic pharmaceuticals into the marketplace, produces an undesired side effect-the "approval bottleneck." This Comment examines the "approval bottleneck"-a potential roadbolock to the generic drug approval process, and comments on attempts to alleviate the problem. This comment suggest that developments in statutes and case law have made leaps in attempting to alleviate the "approval bottleneck" problem. The Comment evaluate these developments, which include (1) …

Mediation Exceptionality, Jacqueline Nolan-Haley

Fordham Law Review

No abstract provided.

The Rights Of Divorced Lesbians: Interstate Recognition Of Child Custody Judgments In The Context Of Same-Sex Divorce, Kathryn J. Harvey

Fordham Law Review

This Note explores the issue of interstate recognition of child custody, which arises in the context of same-sex divorce. The Parental Kidnapping Prevention Act (PKPA) requires states to grant full faith and credit to all child custody orders; on the other hand, the Defense of Marriage Act (DOMA) allows states to deny full faith and credit to judgments “arising out of” same-sex marriage. This Note argues that DOMA partially repeals the PKPA, such that states need not grant full faith and credit to divorce and child custody decrees in the context of same-sex marriage. Further, this Note argues that because …

The Attorney-Client Privilege And Information Disclosed To An Attorney With The Intention That The Attorney Draft A Document To Be Released To Third Parties: Public Policy Calls For At Least The Strictest Application Of The Attorney-Client Privilege, Daniel Northrop

Fordham Law Review

The attorney-client privilege is the oldest evidentiary privilege known to the common law. It exists to encourage clients to openly communicate with their attorneys. Some commentators, however, have questioned the value of the privilege and called for its elimination. This policy debate, though unlikely to influence typical privilege disputes, is important when the application of the attorney-client privilege is unclear. One example is when a client conveys information to her attorney with the intent that the attorney draft a document to be released to a third party. This Note seeks to shed light on the arguments for and against the …

The More You Know: Reviewing Concepts Using Student-Created Public Service Announcements, Pamela L. Bacon

Psychology Faculty Publications

In past course evaluations, my social psychology students consistently reported that they started offering their roommates unsolicited social psychological interpretations of their behaviors and beliefs. I began to wonder if my students’ desire to educate others could be harnessed to help them review course material. I reasoned that elaborating on the material covered in the class would help them learn (Loyens, Rikers, & Schmidt, 2007) and finding a creative outlet for their desire to teach others might preserve some roommate relationships.

In an attempt to encourage students to build on past material, I turned to one of the most well-known …

Ellen White And Mental Health Therapeutics, Merlin D. Burt

Faculty Publications

No abstract provided.

Assisting And Protecting Refugee Women: A Policy Analysis, Barbara J. Kampa, Raphael Nawrotzki

Faculty Publications

The number of refugees and internally displaced persons (IDPs) has risen sharply over the last decade. This trend is the result of several causes such as the impact of climatic change, conflicts over diminishing resources, and religious and ethical disagreements. The largest and most vulnerable subgroup among refugees is women and their dependent children, and they are frequently subject to abuse and neglect. To address protection issues, the United Nations High Commissioner for Refugees (UNHCR) released the Policy on Refugee Women in 1990. The authors provide a comprehensive policy analysis, building on an exploration of the historical background and a …

Exploring Accounting Fraud In The Subsidiary Environment, Carmelita J. Troy, Madeline Ann Domino, Steven P. Landry

Faculty Publications

This research explores accounting fraud in the subsidiary environment. Utilizing institutional theory, we propose that the subsidiary environment provides an opportune setting and vehicle for individuals to commit accounting fraud. While a growing body of literature exists on accounting fraud, minimal work has focused on the role of the subsidiary in accounting fraud, as reported by the Securities and Exchange Commission (SEC). We sample companies for which the SEC has documented accounting fraud in their enforcement releases. We then analyze the related SEC documents to determine to what extent, if any, a subsidiary is involved in the accounting fraud. Our …

A Report On The 180 Symposium, Roger Dudley, Allen Walshe

Faculty Publications

No abstract provided.

Three Reasons To Serve, Gary L. Hopkins, Duane C. Mcbride, Stuart Tyner, Jonathan Duffy

Faculty Publications

Young people in the Seventh-day Adventist Church are in need of leadership creating effective strategies for protecting the youngsters from engaging in high risk behaviors along with finding effective methods of keeping these same youngsters churched. It is clear that God had answers to these problems long ago. A review of Matthew 25 clearly states that our purpose as Christians should be to serve individuals in need. When young people engage in service, they are more likely to be attracted to the church, get involved in the church, and stay in the church. Furthermore, service is associated with better grades …

Church Of Refuge: A Support Ministry For Youth And Young Adults, Ron Whitehead, Jeff Boyd

Faculty Publications

At least 40 to 50 percent of youth and young adults leave the Seventh-day Adventist Church. To reverse this trend by helping local congregations meet the spiritual, social, and community impact needs of youth and young adults, the Center for Youth Evangelism proposes to launch Church of Refuge (COR). This organization will support churches in incorporating nine principles in their master planning. After demonstrating the inclusion of these principles, local congregations will be certified as Churches of Refuge and will be promoted to youth and young adults through web and print materials.

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, …

What Determines Auditory Similarity? The Effect Of Stimulus Group And Methodology, Km Aldrich, Ej Hellier, J Edworthy

School of Psychology

Two experiments on the internal representation of auditory stimuli compared the pairwise and grouping methodologies as means of deriving similarity judgements. A total of 45 undergraduate students participated in each experiment, judging the similarity of short auditory stimuli, using one of the methodologies. The experiments support and extend Bonebright's (1996) findings, using a further 60 stimuli. Results from both methodologies highlight the importance of category information and acoustic features, such as root mean square (RMS) power and pitch, in similarity judgements. Results showed that the grouping task is a viable alternative to the pairwise task with N > 20 sounds whilst …

The Size Of The Treatment Effect: Do Patients And Proxies Agree?, Der Linden Fah Van, Jolijn J. Kragt, Jeremy C. Hobart, Martin Klein, Alan J. Thompson, Der Ploeg Hm Van, Chris H. Polman, Bernard M.J. Uitdehaag

Peninsula Medical School

No abstract provided.

Endotoxin Emissions From Commercial Composting Activities, Lewis Deacon, Louise Pankhurst, Jian Liu, Gillian H. Drew, Enda T. Hayes, Simon Jackson, J Longhurst, P Longhurst, Simon Pollard, Sean Tyrrel

School of Biomedical Sciences

No abstract provided.

A Longitudinal Examination Of The Contribution Of Perceived Motor Competence And Actual Motor Competence To Physical Activity In 6 To 9 Year Old Children, Fleur Mcintyre

Theses

This study examined the relationship between perceived motor competence, actual motor competence and physical activity. In particular, it aimed to identify the impact of perceived motor competence (PMC), actual motor competence (AMC), and age and gender on the physical activity levels of young children. A number of factors have been identified as key contributors to children’s physical activity levels. However, there had been little investigation into their developing impact and subsequent relationship with emergent physical activity levels, particularly in the younger primary age groups.

Physical activity, AMC and PMC measures were collected from 6-, 7-, 8-, and 9-year-old boys and …