Digital Commons Network^™

Organisational Effectiveness In Selected Grass Roots Sport Clubs In Western Australia, Elissa J. Burton

Theses: Doctorates and Masters

Grass roots sport clubs are the foundation for sport in Australia, they cater for mass participation across all ages and are predominantly managed by volunteers. The benefits of being involved in sport and in particular a sport club, both from a health and social capital perspective are well documented (Houlihan & Green, 2006; Hoye & Nicholson, 2008; Stewart, Nicholson, Smith, & Westerbeek, 2004). Australian governments at every level, provide funding for sport to support these benefits and often directly to sport clubs. Yet there is little published research on what makes a grass roots sport club effective (Koski, 1995), particularly …

Survivable Mesh-Network Design & Optimization To Support Multiple Qop Service Classes, Hoang N. Nguyen

Theses: Doctorates and Masters

Every second, vast amounts of data are transferred over communication systems around the world, and as a result, the demands on optical infrastructures are extending beyond the traditional, ring-based architecture. The range of content and services available from the Internet is increasing, and network operations are constantly under pressure to expand their optical networks in order to keep pace with the ever increasing demand for higher speed and more reliable links.

Women's Magazine Editors: Story Tellers And Their Cultural Role, Kathryn Davies

Theses: Doctorates and Masters

This is an ethnographic study of contemporary Australian women's magazine editors and their perceptions about their role and function within their workplaces, and, as creators of media products, within culture itself.

The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Lawyering Loyalties: Speech Rights And Duties Within Twenty-First-Century New Governance, Orly Lobel

Fordham Law Review

No abstract provided.

The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, The Corporate Lawyer's Role In A Contemporary Democracy, Colin Marks, Nancy B. Rapoport

Fordham Law Review

No abstract provided.

The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, Rethinking The Public In Lawyers' Public Service: Pro Bono, Statgic Philanthropy, And The Bottom Line, Deborah L. Rhode

Fordham Law Review

No abstract provided.

The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Lawyer As Catalyst Of Social Change, James E. Moliterno

Fordham Law Review

No abstract provided.

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 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 …

Transferring Innovation, Jay P. Kesan

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.

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 …

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.

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.

Representation For Immigrants: A Judge's Personal Perspective, Denny Chin

Fordham Law Review

No abstract provided.

The Free Jammie Movement: Is Making A File Available To Other Users Over A Peer-To-Peer Computer Network Sufficient To Infringe The Copyright Owner's 17 U.S.C. § 106(3) Distribution Right?, Ken Nicholds

Fordham Law Review

Of the thousands of lawsuits brought by the Recording Industry Association of America against individuals for sharing music files over the Internet, the case of Jammie Thomas-Rasset was the first to complete a full jury trial. The judge vacated the intial judgment against Thomas-Rasset because he found, sua sponte, that he was mistaken when he instructed the jury that making a file available over a computer network for others to download is sufficient to find infringement of the exclusive distribution right of the copyright owner under 17 U. S. C. § 106(3). This Note argues that there is no making-available …

Mediation Exceptionality, Jacqueline Nolan-Haley

Fordham Law Review

No abstract provided.

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 …

The Impact Of Using Situational Management Communication Styles In Intercollegiate Athletics, Glen A. Sisk

University of the Pacific Theses and Dissertations

This study examined if supervisors within intercollegiate athletic settings have a higher tendency to use task-oriented management styles than supervisors outside of athletics. The study also assessed if athletic supervisors would have a higher tendency to adapt their leadership style based on situational factors. 214 respondents were asked to complete a five-part survey, comprised of two management communication styles, emotional intelligence, the Leadership Adaptability Style Index, and demographic information. Two additional questions raised in the study posed the same questions in relation to all respondents within athletics and those outside athletics. The results showed no significant differences in management styles …

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 …

Long-Term Evolution Of Strongly Nonlinear Internal Solitary Waves In A Rotating Channel, Jc Sanchez-Garrido, V. Vlasenko

School of Biological and Marine Sciences

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.

Treasure In Jars Of Clay: Towards A New Pauline Pastoral Theology Of Mission To Generation Y In Australia, Matthew Brain

Theses

Within the contemporary Australian context, it is evident that the young people who represent Generation Y (born, 1981 – 1995) are not engaged by a Christian faith. This thesis will set out an approach that will seek to re-envisage the transmission of a Christian faith to the members of Generation Y in Australia through a Pauline pastoral theology of mission. Hence, this thesis aims:

1. To provide a theological hermeneutic of pastoral mission that may be a partner in dialogue with other approaches to ministry among Generation Y.

2. To assist the Christian churches in their consideration of some of …

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 …