Entire DC Network | Open Access Articles | Digital Commons Network™

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

Fordham Law Review

No abstract provided.

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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

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

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

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

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

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

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.

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

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

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

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

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

Faculty Publications

No abstract provided.

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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

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

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

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

Faculty Publications

No abstract provided.

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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

Faculty Publications

No abstract provided.

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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.

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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 …

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Benthic Foraminifera Assemblages In The Central Barents Sea: An Evaluation Of Combining Live And Total Fauna Studies In Tracking Environmental Change, Mh Saher, Dk Kristensen, M Hald, S Korsun, Ll Jørgensen

School of Geography, Earth and Environmental Sciences

We present living (stained) benthic foraminifera assemblage data in nine surface sediment samples from the central Barents Sea collected in 2005 and 2006. The abundances of 20 selected species are compared to these from previously published total fauna assemblages of nearby samples. Between 1 and 3 total fauna samples from various years (between 1971 and 1992) are compared with the modern (2005 and ’06) samples. The main purpose of the paper is to evaluate the applicability of this comparison. We conclude that, with proper caution, comparing live and total fauna can yield valuable results. Eliminating fragile species, and clustering species …

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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 …

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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, …

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Quantifying The Slip Rates, Spatial Distribution And Evolution Of Active Normal Faults From Geomorphic Analysis: Field Examples From An Oblique-Extensional Graben, Southern Turkey, Sarah J. Boulton, Alexander C. Whittaker

School of Geography, Earth and Environmental Sciences

No abstract provided.

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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 …

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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.

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Full-Text Articles in Entire DC Network

Mediation Exceptionality, Jacqueline Nolan-Haley

Fordham Law Review

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

Fordham Law Review

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

Fordham Law Review

The History Of An Idea, Owen M. Fiss

Fordham Law Review

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

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

Fordham Law Review

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

Fordham Law Review

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

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

Fordham Law Review

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

Fordham Law Review

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

University of the Pacific Theses and Dissertations

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

Psychology Faculty Publications

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

Faculty Publications

Faculty Publications

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

Faculty Publications

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

Faculty Publications

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

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

Faculty Publications

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

Faculty Publications

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

Faculty Publications

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

Faculty Publications

Reflections, Roger Dudley

Faculty Publications

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

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

School of Geography, Earth and Environmental Sciences

Benthic Foraminifera Assemblages In The Central Barents Sea: An Evaluation Of Combining Live And Total Fauna Studies In Tracking Environmental Change, Mh Saher, Dk Kristensen, M Hald, S Korsun, Ll Jørgensen

School of Geography, Earth and Environmental Sciences

Peninsula Medical School

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

Quantifying The Slip Rates, Spatial Distribution And Evolution Of Active Normal Faults From Geomorphic Analysis: Field Examples From An Oblique-Extensional Graben, Southern Turkey, Sarah J. Boulton, Alexander C. Whittaker

School of Geography, Earth and Environmental Sciences

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

School of Psychology

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