Digital Commons Network^™

The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, True Confessions About The Role Of Lawyers In A Democracy, Fred C. Zacharias

Fordham Law Review

No abstract provided.

The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana

Fordham Law Review

No abstract provided.

The Coming Showdown Over University Endowments: Enlisting The Donors, Sarah E. Waldeck

Fordham Law Review

This Essay focuses on the discordance between universities with particularly large endowments and what is occurring in the rest of higher education, particularly with respect to skyrocketing tuition and a growing institutional wealth gap. The Essay considers absolute endowment values, the amount of endowment per student, and expense-endowment ratios at sixty private universities. It concludes that a small number of schools have an excess endowment, and then provides a convenient proxy for determining when an endowment is so large that it should receive less preferential tax treatment. The Essay then considers the effects that large endowments have at their home …

Ethical Visions Of Copyright Law, James Grimmelmann

Fordham Law Review

No abstract provided.

Interface: The Push And Pull Of Patents, Peter Lee

Fordham Law Review

No abstract provided.

The Regulation Of Creativity Under The Wipo Internet Treaties, Ruth L. Okediji

Fordham Law Review

No abstract provided.

Keynote Address, Harmless Use: Gleaning From Fields Of Copyrighted Works, Wendy J. Gordon, Sonia Katyal

Fordham Law Review

No abstract provided.

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 …

Unbundling Fair Uses, Pamela Samuelson

Fordham Law Review

The copyright fair use caselaw is more coherent and more predictable than many commentators seem to believe. Fair use cases tend to fall into common patterns, or what this Article calls policy-relevant clusters. The policies underlying modern fair use law include promoting freedom of speech and of expression, the ongoing progress of authorship, learning, access to information, truth telling or truth seeking, competition, technological innovation, and the privacy and autonomy interests of users. If one analyzes putative fair uses in light of cases previously decided in the same policy cluster, it is generally possible to predict whether a use is …

Adding Insult To Injury? The Untoward Impact Of Requiring More Than De Minimus Injury In An Eighth Amendment Excessive Force Case, Robyn D. Hoffman

Fordham Law Review

This Note explores the conflict over whether a prisoner must suffer more than de minimis injury to sustain an Eighth Amendment excessive force claim. It examines this conflict against the backdrop of the various standards the U.S. Supreme Court adopted in its Eighth Amendment prison conditions jurisprudence between 1976 and 1992, principally focusing on the 1992 Hudson v. McMillian decision. Moreover, this Note considers the intersection of “the evolving standards of decency,” the “hands-off doctrine,” and the Eighth Amendment injury requirement. Ultimately, this Note advocates that excessive force—when meted out as punishment—violates the Eighth Amendment’s prohibition on cruel and unusual …

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 …

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, …

Protections For Electronic Communications: The Stored Communications Act And The Fourth Amendment, Alexander Scolnik

Fordham Law Review

As e-mail and other forms of electronic communications began becoming widely used, Congress recognized the need to protect these new forms of communication from impermissible intrusion. Unsure whether the flexible approach to determining the extent of Fourth Amendment protections as announced in Katz v. United States would extend to electronic communications, Congress enacted the Electronic Communications Privacy Act (ECPA) to ensure a baseline level of protection. This Note argues that the Fourth Amendment does extend to electronic communications and, therefore, the provisions of the ECPA that allow the government to access certain electronic communications without a search warrant are unconstitutional.

The Robert L. Levine Distinguished Lecture, Deepening The Legal Profession's Pro Bono Commitment To The Immigrant Poor

Fordham Law Review

No abstract provided.

The Representational And Counseling Needs Of The Immigrant Poor, Jennifer L. Colyer, Sarah French Russell, Robert E. Juceam, Lewis J. Liman

Fordham Law Review

No abstract provided.

Disclosure, Deception, And Deep-Packet Inspection: The Role Of The Federal Trade Commission Act's Deceptive Conduct Prohibitions In The Net Neutrality Debate, Catherine J. K. Sandoval

Fordham Law Review

This article examines a largely unexplored fronteir in the "Net Neutrality" debate: the Federal Trade Commisiion (FTC) Act's proscriptions against deceptive conduct as a legal limit on Internet Service Provider (ISP) discrimination against Internet traffic. ISP discrimination against certain types of Internet traffic has blossomed since 2005 when the Federal Communications COmmission (FCC), with the Supreme Court's blessings in NCTA v. Brand X and FCC, relieved ISP's from common carrier regulations that prohibited discrimination and reclassified ISPs as "information service providers." This Artcile argues taht the Internet's architecture and codes presumed common carriage, indicating that the Internet's design and industry …

Love They Neighbor: Should Religious Accommodations That Negatively Affect Coworkers' Shift Preferences Constitute And Undue Harship On The Employer Under Title Vii?, Rachel M. Birnbach

Fordham Law Review

In applying Title VII, courts are often confronted with proposed religious accommodations that would negatively affect other employees and must decide whether such an accommodation amounts to an undue hardship on the employer. However, there is a conflict among circuit courts over the scope of an employer’s duty to accommodate religious employees when doing so would negatively affect coworkers’ scheduling preferences, outside the context of a collective bargaining agreement. The conflict turns on whether courts consider any negative impact on coworkers to amount to impermissible preferential treatment, or whether they require that the defendant demonstrate a more severe impact on …

White-Tailed Deer Attacking Humans During The Fawning Season: A Unique Human-Wildlife Conflict On A University Campus, Ryan D. Hubbard, Clayton K. Nielsen

Human–Wildlife Interactions

Human–wildlife conflicts associated with suburban white-tailed deer (Odocoileus virginianus) populations have increased in the last 20 years. Primary threats to human health and safety associated with overabundant deer populations include deer–vehicle collisions, attacks on humans, disease, and damage to native and ornamental vegetation. During the fawning seasons (May–June) of 2005 and 2006, 13 confirmed incidences of white-tailed deer attacking humans occurred on the campus of Southern Illinois University–Carbondale. To our knowledge, no report exists that documents free-ranging does attacking humans during the fawning season. The attacks occurred at multiple locations on campus, with injuries to humans, including minor …

In The News, Joe N. Caudell

Human–Wildlife Interactions

No abstract provided.

Insights From Research On Distance Education Learners, Learning, And Learner Support, Richard E. West

Faculty Publications

This article reviews the key ideas related to increasing student learning and support described in selected chapters from the second edition of the Handbook of Distance Education (Moore 2007). These chapters described research findings related to the impact of distance education on learners in general (student autonomy, cognition, social learning, and satisfaction), as well as specific subgroups of distance students and instructors (K-12, female, and disabled students as well as academic advising and library services). This article concludes with brief recommendations for future research in each of these areas.

2009-2010 Lynn University Academic Catalog, Lynn University

Academic Catalogs

No abstract provided.

Generation Of Novel Pikromycin Antibiotic Products Through Mutasynthesis, Shuchi Gupta, Venkatraman Lakshmanan, Beom Seok Kim, Robert Fecik, Kevin A. Reynolds

Chemistry Faculty Publications and Presentations

Mutasynthesis in pikromycin PKS: The amenability of pikromycin polyketide synthase to mutational biosynthesis has been demonstrated. A natural triketide and its analogues, activated as N-acetyl-cysteamine thioesters, were synthesized and fed to a pikAI-deleted strain; this led to the production of new antibiotics. A vinyl analogue was found to have better antibacterial activity than pikromycin.

Coal-Fired Powerplants Dominate Climate Change Litigation, Michael B. Gerrard

Faculty Scholarship

Litigation aiming to reduce emissions of greenhouse gases (GHGs) is coming to be dominated by battles over coal-fired power plants. Ten of the last 20 judicial or administrative decisions or case filings in matters aiming to reduce GHGs have concerned such plants. A concerted effort by the environmental community to fight the use of coal is behind much of this litigation. According to the Energy Information Administration, the combustion of coal is the largest source of GHG emissions in the United States; motor vehicles are a not-very-close second.

The Sierra Club has a Web site that tracks all the proposed …

Cash-For-Clunkers Program: Better For Industry Than Environment, Michael B. Gerrard

Faculty Scholarship

On June 24, President Barack Obama signed into law the Consumer Assistance to Recycle and Save Act of 2009 (CARS). For a limited period of time, it will give up to $4,500 to owners of vehicles with poor fuel economy who trade them in for more efficient new vehicles. This “cash-for-clunkers” program was touted as meeting three objectives: increasing vehicle sales, at a time when the U.S. auto industry is struggling; reducing fuel use; and reducing greenhouse gas emissions.

This column will describe how the new program will work and what kinds of vehicles can be turned in and purchased …

Court Of Appeals Expands Seqra Standing After An 18-Year Detour, Michael B. Gerrard

Faculty Scholarship

The most controversial decision in New York environmental jurisprudence is almost certainly Society of the Plastics Industry v. County of Suffolk (Plastics), in which the Court of Appeals ruled in 1991 that plaintiffs in suits under the State Environmental Quality Review Act (SEQRA) must show that they are affected differently than the public at large. In the 18 years since that decision, the New York Attorney General, the State Department of Environmental Conservation, the New York State and New York City bar associations, and numerous environmental groups all filed amicus briefs or issued reports calling for the reversal of …

Procter & Gamble’S Pur Water Purifier: The Hunt For A Sustainable Business Model, Lisa Jones Christensen, Jessica Thomas

Faculty Publications

Over the last 6 years, under the leadership of Dr. Greg Allgood, director of the Children’s Safe Drinking Water Program, P&G has helped to distribute 65 million PuR packets. These packets have been used to purify 650 million liters of water, most often in rural locations. Over time, and through a variety of deliberate partnerships that Allgood cultivated in 10 countries, P&G has tested three different sales and distribution models: commercial marketing, social marketing and disaster relief-- each with varying degrees of success. Drawing from past successes and failures, Allgood is considering how to fulfill P&G’s aggressive commitment to providing …

Corporate Social Responsibility In Sport: An Overview And Key Issues, Paul C. Godfrey

Faculty Publications

Sport—writ large—exists as a significant social institution, both in terms of economic and social impacts on the society of which it is a key part. This essay provides a systematic introduction to the concept of corporate social responsibility (CSR) for sport management scholars and practitioners. I review the historical development of CSR in the United States, provide a summary of the major theories and models currently in use by theorists and researchers, and identify key issues facing the CSR discourse. I conclude by returning to the notion of sport as an institution and try to raise questions, as an outsider, …

An Examination Of Family Communication Within The Core And Balance Model Of Family Leisure Functioning, Kevin M. Smith, Patti A. Freeman, Ramon B. Zabriskie

Faculty Publications

The purpose of this study was to examine family communication within the core and balance model of family leisure functioning. The study was conducted from a youth perspective of family leisure and family functioning. The sample consisted of youth (N= 95) aged 11 – 17 from 25 different states in the United States. Path analyses indicated that family communication mediated a positive relationship between family leisure variables and family functioning variables. Implications and recommendations are discussed. The addition of communication in the Core and Balance Model is recommended.

The Cmc Interactivity Model: How Interactivity Enhances Communication Quality And Process Satisfaction In Lean-Media Groups, Paul Benjamin Lowry, Nicholas C. Romano Jr., Jeffrey L. Jenkins, Randy W. Guthrie

Faculty Publications

Process satisfaction is one important determinant of work group collaborative system adoption, continuance, and performance. We explicate the computermediated communication (CMC) interactivity model (CMCIM) to explain and predict how interactivity enhances communication quality that results in increased process satisfaction in CMC-supported work groups. We operationalize this model in the challenging context of very large groups using extremely lean CMC. We tested it with a rigorous field experiment and analyzed the results with the latest structural equation modeling techniques. Interactivity and communication quality dramatically improved for very large groups using highly lean CMC (audience response systems) over faceto- face groups. Moreover, …

Cautiously Optimistic: Economic Liberalization And Reconciliation In Rwanda's Coffee Sector, Karol C. Boudreaux, Puja Ahluwalia

Denver Journal of International Law & Policy

No abstract provided.