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2009

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Representation For Immigrants: A Judge's Personal Perspective, Denny Chin Jan 2009

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

Fordham Law Review

No abstract provided.

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The Dog That Didn't Bark: Stealth Procedures And The Erosion Of Stare Decisis In The Federal Courts Of Appeal, Amy E. Sloan Jan 2009

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 …

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It's Been A Privilege: Advising Patients Of The Tarasoff Duty And Its Legal Consequences For The Federal Psychotherapist-Patient Privilege, Elisia Klinka Jan 2009

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 …

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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 Jan 2009

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 …

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Answering Justice Scalia's Question: Dual Sovereignty And The Sixth Amendment Right To Counsel After Texas V. Cobb And Montejo V. Louisiana, Ryan M. Yanovich Jan 2009

Answering Justice Scalia's Question: Dual Sovereignty And The Sixth Amendment Right To Counsel After Texas V. Cobb And Montejo V. Louisiana, Ryan M. Yanovich

Fordham Law Review

Since the U.S. Supreme Court decided Texas v. Cobb in 2001, eight courts of appeals have rached divergent conclusions as to the scope and extent of a criminal defendant's Sixth Amendment right to counsel when he is being prosecuted by multiple sovereigns, including, most recently, the U.S. Court of appeals for the Eleventh Circuit in 2008. Invariably, each circuit court purports to draw conclusive support for its holding from the plain language of Cobb. The conflict among the circuits reveals a tension between the courts; desire to balance fundamental individual and legitimate state interests, achieve uniformity and consistency in the …

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Delayed Access To Generic Medicine: A Comment On The Hatch-Waxman Act And The "Approval Bottleneck, Ankur N. Patel Jan 2009

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) …

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Some Thoughts About The Economics Of Settlement, John Bronsteen Jan 2009

Some Thoughts About The Economics Of Settlement, John Bronsteen

Fordham Law Review

No abstract provided.

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The Public Value Of Settlement, Samuel Issacharoff, Robert H. Klonoff Jan 2009

The Public Value Of Settlement, Samuel Issacharoff, Robert H. Klonoff

Fordham Law Review

No abstract provided.

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Mediation Exceptionality, Jacqueline Nolan-Haley Jan 2009

Mediation Exceptionality, Jacqueline Nolan-Haley

Fordham Law Review

No abstract provided.

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Three Things To Be Against ("Settlement" Not Included), Michael Moffitt Jan 2009

Three Things To Be Against ("Settlement" Not Included), Michael Moffitt

Fordham Law Review

No abstract provided.

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Comments On Owen M. Fiss, Against Settlement (1984), Hon. Jack B. Weinstein Jan 2009

Comments On Owen M. Fiss, Against Settlement (1984), Hon. Jack B. Weinstein

Fordham Law Review

No abstract provided.

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The History Of An Idea, Owen M. Fiss Jan 2009

The History Of An Idea, Owen M. Fiss

Fordham Law Review

No abstract provided.

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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 Jan 2009

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 …

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The Rights Of Divorced Lesbians: Interstate Recognition Of Child Custody Judgments In The Context Of Same-Sex Divorce, Kathryn J. Harvey Jan 2009

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 …

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Securities Class Actions, Cafa And A Countrywide Crisis: A Call For Clarity And Consistency, Denise Mazzeo Jan 2009

Securities Class Actions, Cafa And A Countrywide Crisis: A Call For Clarity And Consistency, Denise Mazzeo

Fordham Law Review

The unfolding of the credit crisis raises novel issues in securities litigation. This Note explores the conflict between the nonremoval provision of the Securities Act of 1933 (’33 Act) and the removal provisions of the Class Action Fairness Act of 2005 (CAFA), and their interplay in the context of class actions involving mortgage-backed securities. Circuits are currently split over whether or not such class actions are removable under CAFA. The Seventh Circuit and the Southern District of New York have held that class actions asserting only ’33 Act claims are removable under CAFA unless they fall within one of CAFA’s …

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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 Jan 2009

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 …

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Toward Effective Implementation Of 11 U.S.C. § 522(D)(11)(E): Invigorating A Powerful Bankruptcy Exemption, Uriel Rabinovitz Jan 2009

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.

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When Cows Fly: Expanding Cognizable Injury-In-Fact And Interest Group Litigation, Robert Terenzi, Jr. Jan 2009

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 …

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The Impact Of Using Situational Management Communication Styles In Intercollegiate Athletics, Glen A. Sisk Jan 2009

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 …

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The More You Know: Reviewing Concepts Using Student-Created Public Service Announcements, Pamela L. Bacon Jan 2009

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 …

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Assisting And Protecting Refugee Women: A Policy Analysis, Barbara J. Kampa, Raphael Nawrotzki Jan 2009

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 …

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Measurement Of Beauty Photoproduction Using Decays Into Muons In Dijet Events At Hera, S. Chekanov, M. Derrick, S. Magill, B. Musgrave, D. Nicholass, J. Repond, R. Yoshida, Margarita C. K. Mattingly, P. Antonioli, G. Bari, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, F. Cindolo, M. Corradi, G. Iacobucci, A. Margotti, R. Nania, A. Polini, S. Antonelli, M. Basile, M. Bindi, L. Cifarelli, A. Contin, S. De Pasquale, G. Sartorelli, A. Zichichi, D. Bartsch, I. Brock, H. Hartmann Jan 2009

Measurement Of Beauty Photoproduction Using Decays Into Muons In Dijet Events At Hera, S. Chekanov, M. Derrick, S. Magill, B. Musgrave, D. Nicholass, J. Repond, R. Yoshida, Margarita C. K. Mattingly, P. Antonioli, G. Bari, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, F. Cindolo, M. Corradi, G. Iacobucci, A. Margotti, R. Nania, A. Polini, S. Antonelli, M. Basile, M. Bindi, L. Cifarelli, A. Contin, S. De Pasquale, G. Sartorelli, A. Zichichi, D. Bartsch, I. Brock, H. Hartmann

Faculty Publications

Beauty photoproduction in dijet events has been measured at HERA with the ZEUS detector using an integrated luminosity of 126 pb-1. Beauty was identified in events with a muon in the final state by using the transverse momentum of the muon relative to the closest jet. Lifetime information from the silicon vertex detector was also used; the impact parameter of the muon with respect to the primary vertex was exploited to discriminate between signal and background. Cross sections for beauty production as a function of the muon and the jet variables as well as dijet correlations are compared to QCD …

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The Historical-Eschatological/Apocalyptic Fulfillment Of The Gog And Magog Prophecy In Ezekiel 38–39, Jiri Moskala Jan 2009

The Historical-Eschatological/Apocalyptic Fulfillment Of The Gog And Magog Prophecy In Ezekiel 38–39, Jiri Moskala

Faculty Publications

No abstract provided.

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Preliminary Report On The Tall Jalul 2007 Season: Field A, Paul Z. Gregor, Helena Gregor Jan 2009

Preliminary Report On The Tall Jalul 2007 Season: Field A, Paul Z. Gregor, Helena Gregor

Faculty Publications

No abstract provided.

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Preliminary Report On The 2009 Season Of The Madaba Plains Project: Tall Jalul Excavations 2009, Paul Z. Gregor, Constance E. Gane, Randall Younker, Jennifer Groves, Paul Ray Jan 2009

Preliminary Report On The 2009 Season Of The Madaba Plains Project: Tall Jalul Excavations 2009, Paul Z. Gregor, Constance E. Gane, Randall Younker, Jennifer Groves, Paul Ray

Faculty Publications

No abstract provided.

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Interpretation And Presentation Of A Multi-Period Site: The Case Of Tall Hisban, Oystein S. Labianca, Maria Elena Ronza Jan 2009

Interpretation And Presentation Of A Multi-Period Site: The Case Of Tall Hisban, Oystein S. Labianca, Maria Elena Ronza

Faculty Publications

No abstract provided.

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Exploring Accounting Fraud In The Subsidiary Environment, Carmelita J. Troy, Madeline Ann Domino, Steven P. Landry Jan 2009

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 …

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A Report On The 180 Symposium, Roger Dudley, Allen Walshe Jan 2009

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

Faculty Publications

No abstract provided.

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Three Reasons To Serve, Gary L. Hopkins, Duane C. Mcbride, Stuart Tyner, Jonathan Duffy Jan 2009

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 …

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Reflections, Roger Dudley Jan 2009

Reflections, Roger Dudley

Faculty Publications

No abstract provided.

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