Digital Commons Network^™

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 …

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 …

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) …

Some Thoughts About The Economics Of Settlement, John Bronsteen

Fordham Law Review

No abstract provided.

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

Fordham Law Review

No abstract provided.

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

Fordham Law Review

No abstract provided.

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

Fordham Law Review

No abstract provided.

The History Of An Idea, Owen M. Fiss

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 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 …

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.

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 …

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 …

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 …

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 …

A Modular Planar Robotic Manipulandum With End-Point Torque Control, Ian S. Howard, James N. Ingram, Daniel M. Wolpert

School of Engineering, Computing and Mathematics

No abstract provided.

Crosstalk Of Vegf And Notch Pathways In Tumour Angiogenesis: Therapeutic Implications, J-L Li, Al Harris

School of Biomedical Sciences

Angiogenesis is regulated by a number of angiogenic factors through many signalling pathways. The VEGF pathway and Notch signalling are perhaps two of the most important mechanisms in regulation of embryonic vascular development and tumour angiogenesis. Blockade of the VEGF pathway effectively inhibits tumour angiogenesis and growth in preclinical models. The successes in phase III trials have added anti-VEGF agents to standard cancer therapy in several major cancers. A recent flurry of findings indicate that DLL4/Notch signalling decreases angiogenesis by suppressing endothelial tip cell formation; importantly, blockade of DLL4/Notch signalling strikingly increases non-productive angiogenesis but significantly reduces the growth of …

Dna Replication In The Human Malaria Parasite And Potential For Novel Drug Development, J Li

School of Biomedical Sciences

Rather than simply "itemising" the replication steps and the proteins involved, replication is tackled from a novel perspective. The book provides logical groupings of processes based upon biochemical similarities.

Firm Capability, Corporate Governance, And Firm Competitive Behavior: A Multi-Dimensional Framework, Jinyu He, Joseph T. Mahoney, Heli Wang

Research Collection Lee Kong Chian School Of Business

In this paper, we propose two possible remedies for corporate governance research. First, when examining the effects of corporate governance, researchers may want to simultaneously consider the role of firm resources and capabilities. Second, linking corporate governance with firm-level competitive behaviour rather than with firm-level performance may enable researchers to detect more nuances about the effects of corporate governance. We base our propositions on the notion that 'capability' and 'motivation' are the two fundamental drivers of firm competitive behaviour. Firm resources/capabilities, which correspond to the capability driver, define the potential level of a firm's competitive activity. Further, corporate governance, by …

Assessment Centers At The Crossroads: Toward A Reconceptualization Of Assessment Center Exercises, Filip Lievens, Robert P. Tett, Deidra J. Schleicher

Research Collection Lee Kong Chian School Of Business

Exercises are key components of assessment centers (ACs). However, little is known about the nature and determinants of AC exercise performance. The traditional exercise paradigm primarily emphasizes the need to simulate task, social, and organizational demands in AC exercises. This chapter draws on trait activation theory in proposing a new AC exercise paradigm. First, we develop a theoretical framework that addresses the complexity of situational characteristics of AC exercises as determinants of AC performance. Second, we argue for planting multiple stimuli within exercises as a structured means of eliciting candidate behavior. Third, we show how the new paradigm also has …

Maximizing Throughput Of Bucket Brigades On Discrete Work Stations, Yun Fong Lim, Kum Khiong Yang

Research Collection Lee Kong Chian School Of Business

One way to coordinate workers along an assembly line that has fewer workers than work stations is to form a bucket brigade. The throughput of a bucket brigade on discrete work stations may be compromised due to blocking even if workers are sequenced from slowest to fastest. For a given work distribution on the stations we find policies that maximize the throughput of the line. When workers have very different production rates, fully cross-training the workers and sequencing them from slowest to fastest is almost always the best policy. This policy outperforms other policies for most work distributions except for …

Stakeholder Influences On Diversification: Implications For Shareholders And Stakeholders, Partiban David, Jonathan P. O’Brien, Toru Yoshikawa, Andrew Delios

Research Collection Lee Kong Chian School Of Business

The article presents the results of research into the relative influence of stakeholders and shareholders on corporate strategic planning in terms of diversification and performance, focusing on concepts such as opportunity cost and rent appropriation. An overview of related previous studies is provided, along with details of the research protocol, which involved data analysis drawn from a sample of Japanese firms and their corporate profits from the years 1990 through 2004. A distinction between transactional and relational ownership is described, which can lead to different priorities in terms of profit and growth.

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 …

Sustainability Of Potable Water In The Pilbara, Timothy P. Pidhirnyj

Theses

This paper provides an examination of current and future demands on potable (drinking) water in the Pilbara. In this examination, it builds a picture summarizing human habitation in the Pilbara, and the nature in which the Western Australia state and Commonwealth governments assess and manage resources in the Pilbara, state wide, and nationally. Following on, water demand is broken down into its major user groups per town, and future demand is estimated based on publically available documents. It will be shown that water demand in certain areas of the Pilbara will exceed their licensed extraction limits within the next 20 …

Carbon Dioxide Capture From Flue Gases, Mohamed Rashid Al Rashid

Theses

Global warming and climate change are believed to be caused by the greenhouse effect. CO₂ has been regarded as the main contributor to global climate change which directly results in serious environmental problems. Half of the anthropogenic CO₂ emission sources are emitted from the combustion of fossil fuels in industries and power plants worldwide. The absorption behavior of Carbon dioxide from flue gases can be studied using conventional absorber and polymeric hollow fiber membrane contractors. An industrial absorber data was compared with simulated data using hollow fiber membrane contractor using the gPROMs software package. In this analysis, with …

Development Of A Gis Database For Water Resources Management In Ajman Emirate, Uae., Mohammad Rehan Yusuf

Theses

The lack of freshwater resources represents a major constraint against the sustainable development in arid and semi-arid regions. Because of the scarcity and randomness nature of rainfall in arid regions, surface water resources are almost absent. Groundwater resources are always under stress and in many cases do not suffice the water demands for different sectors. Desalination plants are widely constructed to substitute for the water shortage. The UAE, including Ajman emirate, is witnessing a rapid development in the industrial, commercial, construction and agricultural fields which has led to a tremendous increase in water demands.

Proper management of the limited water …

Screening For Latent Or Silent Celiac Disease “Gluten-Sensitive Enteropathy” In Uae Adults Nationals, Waheeba Salman Al Zaabi

Theses

No abstract provided.

Impact Of Heavy Metals On Childhood Behaviors And Development: A Uae Study, Said Yousef Ahmad Abdel Razeq

Theses

BACKGROUND: Environmental toxic metal exposure is well known to adversely affect children's development and behavior. To our knowledge, there are no studies that carefully examined this potential hazard in UAE and Gulf countries.

OBJECTIVES: The aim of this case-control study was to determine blood concentrations of 12 heavy metals in school-age children in Al Ain City. The other aim was to correlate the blood levels with developmental (e.g., learning disability) and behavioral (e.g., Attention Deficit/Hyperactivity Disorder) problems in children.

METHODS: One hundred and forty seven subjects (73 with developmental and/or behavioral disorders and 74 controls) participated in the study. The …