Digital Commons Network^™

The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Regulation Of Israeli Lawyers: From Professional Autonomy To Multi-Institutional Regulation, Neta Ziv

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 …

Presidential Popular Constitutionalism, Jedidiah Purdy

Fordham Law Review

This Article adds a new dimension to the most important and influential strand of recent constitutional theory: popular or democratic constitutionalism, the investigation into how the U.S. Constitution is interpreted (1) as a set of defining national commitments and practices, not necessarily anchored in the text of the document, and (2) by citizens and elected politicians outside the judiciary. Wide-ranging and ground-breaking scholarship in this area has neglected the role of the President as a popular constitutional interpreter, articulating and revising normative accounts of the nation that interact dynamically with citizens’ constitutional understandings. This Article sets out a “grammar” of …

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.

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 …

Some Thoughts About The Economics Of Settlement, John Bronsteen

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.

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.

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 …

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 …

The Organisational Impact Of Outsourcing On Multinational Businesses Operating In Ireland, Veronica Perdisatt

Theses

This study is an examination and assessment of the effectiveness of outsourcing arrangements currently employed by a sample of multinational organisations operating in Ireland. Informed by previous research, this study employs field research in the form of interviews with experienced and successful practitioners in the outsourcing industry. The study responds to issues of focus, which include the analysis of benefits of outsourcing programs, barriers to achieving outsourcing benefits and identification of unexpected or indirect impacts of outsourcing. This research highlights that from the perspective of operating from a small open economy, outsourcing is one strategy that organisations are increasingly adopting …

Cork City : The Untapped Tourism Potential, Frank O'Sullivan

Theses

This research focuses on Cork City and the attributes of the city, which possess the ability to enhance the tourism product, yet remain largely ignored. The study includes the opinions, perceptions and analysis of key figures in the local tourism industry. The study highlights the key promotional bodies representing Cork City as a tourism destination and their shortcomings.

The research delves into the initiatives and projects charged with enhancing the tourism product. The access providers are examined in terms of their significance and contribution to the local tourism market. The impact of the European Capital of Culture is analysed. Cork …

"Denmark Our Heritage - America Our Home": Danishness And Roots In A Multicultural World, Trine Tybjerg Holm, Borge M. Christensen

The Bridge

Danishness is flourishing in the U.S.A. at the dawn of the twenty-first century, and it is not difficult to find this Danishness, or rather, to find what Americans consider to be Danishness. When the Danish media focus on Danishness in the U.S., they tend to highlight two areas: Solvang, California, the so-called "Danish Capital of America," and the two "Danish Villages," Elk Horn and Kimballton, Iowa. Today, Solvang has a population of around 5,000 and Elk Horn/ Kimballton around 1,000. However, estimates have 1.5 million tourists visiting Solvang and 80,000 visiting Elk Horn/Kimballton annually. Dannebrog waves on high in both …

Determining The Future Income Of College Students, Paul Oehrlein, '09

Honors Projects

Many people invest a lot of money in order to go to college with the hope that they will eventually be rewarded with higher salaries. This paper attempts to determine what aspects of college are most important in determining the future income of students. In particular, this paper studies whether GPA is an important determinant of income as well as whether some majors are better investments than others after controlling for other factors. In addition, the effect of math and verbal ability on income and how they interact with different fields of study are studied. The data comes from the …

Adopted Children"S Outcome As Young Adults In Regards To Educational Attainment And Income, Nicole K. Spear, '09

Honors Projects

This study explains the differences between the outcomes for children adopted by the age of two in comparison to biologically raised children using the National Longitudinal Survey of Youth. It analyzes the educational attainment and income earned through a competing effects framework. The Family Background Effect measures the positive effects caused by higher than average socioeconomic status of the average family with adopted children. The Family Background Effect contrasted with the negative Adoption Effect caused by a number of different factors that could work against an adopted child. Using linear regression analysis, the study finds that the Family Background Effect …

Length Of Contracts And The Effect On The Performance Of Mlb Players, Katie Stankiewicz, '09

Honors Projects

The goal of any professional athlete is to receive a multi-year contract that guarantees them a salary for multiple years. However, a concern that fans, coaches and owners all share is that when a player receives a multi-year contract they may have a strong incentive to shirk. Shirking is when a player purposely does not perform to the best of his ability and may occur when a player has a guaranteed salary. The goal of this paper is to determine if a Major League Baseball player with a multi-year contract will show any pattern of shirking throughout the contract. Each …

State Greenhouse Gas Regulation, Federal Climate Change Legislation, And The Preemption Sword, William W. Buzbee

San Diego Journal of Climate & Energy Law

This Article starts in Part II by reviewing the basic anticipated design elements of federal climate legislation, then it reviews the substantial regulatory failure risks inherent in such climate change legislation. It then turns in Part III to analysis of preemption choices. The Article follows in Part IV by examining preemption jurisprudence, especially the growing risk of broad preemptive reads of federal law, and demonstrating how statutory uncertainties regarding preemption could result in subsequent interpretations substantially expanding the law's preemptive impact. ... Furthermore, as discussed in Part V, overlap and interaction of concurrent federal, state, and local climate change laws …

The End Of The Red Queen's Race: Medical Marijuana In The New Century, Ruth C. Stern, J. Herbie Difonzo

Hofstra Law Faculty Scholarship

The road to marijuana prohibition is paved with prejudice, hysteria, and the outright rejection of science and rationality. Despite its proven medical value, marijuana remains misclassified under federal law, misrepresented and misunderstood by most of our drug policy makers. Seizing their role as innovators in our federalist system, California and twelve other states have declared their support for the many doctors and patients who believe in the therapeutic benefits of cannabis. The conflict between the federal government and the states on medical marijuana is a study in “cultural federalism,” the experience of citizenship in a divided polity. Whether the medical …

Pay, Risk And Stewardship: Private Sector Architecture For Future Capital Markets, Mariana Pargendler

Ira M. Millstein Center for Global Markets and Corporate Ownership

The recent financial crisis revealed a massive failure of institutions that populate the world’s capital markets. Banks, investors, ratings agencies, regulators and numerous other players demonstrated that confidence in market responses was misplaced. The loss of faith in capital market institutions has represented a significant hurdle to recovery as financial institutions continue to be wary of one another, and the public is wary of all of them.

Restoring trust in the system requires two distinct pillars of reform. The first pillar, reform of the financial regulatory system, both nationally and globally, has received most of the attention so far. Many …

The Impact Of Wearable Weights On Perceptual Reponses To Treadmill Walking, Ashley T. Kuczynski

USF Tampa Graduate Theses and Dissertations

The growing public health burden associated with insufficient physical activity has resulted in the development of numerous health initiatives and products aimed at stabilizing and reversing the negative trends reported in epidemiological literature. A relatively novel product that has only recently made its way to the market are wearable weights. These products are designed to be worn on the lower legs and arms along with regular clothing as a means to increase caloric expenditure. However, no research to date has tested the efficacy of this product. PURPOSE: Compare psychological responses within bouts of aerobic exercise that vary on intensity and …

Sympathy For The Devil: A Character Analysis Of Gibreel Farishta In Salman Rushdie’S The Satanic Verses, Catherine Mary Lafuente

USF Tampa Graduate Theses and Dissertations

Salman Rushdie's The Satanic Verses created a major controversy when published in 1988, much like the controversy that Nikos Kazantzakis's novel The Last Temptation of Christ caused in 1951. Kazantzakis's work upset many Christians due to the controversial characterization of Jesus, who in the novel engages in sexual activities and other behaviors that many Christians find offensive. The Satanic Verses caused a similar uproar in the Umma, or Muslim community, resulting in book burnings, death threats, and even a murder. Most of the controversy focused on some the problematic characterizations of the Prophet Muhammad and his wives, such as using …

The Spectrum Of Self-Harm In College Undergraduates: The Intersection Of Maladaptive Coping And Emotion Dysregulation, Christa D. Labouliere

USF Tampa Graduate Theses and Dissertations

Suicidality and non-suicidal self-injury are highly prevalent on college campuses and death by suicide is the number two cause of death for that age demographic. Even with such a deadly public health concern, little is known about how self-harm behavior can be prevented or effectively treated. Research has suggested that differences in affect regulation may differentiate those who engage in self-harm from those who do not, but many of these studies have examined disparate pieces of affect regulation without addressing the overlap and interaction of regulatory behaviors. The field must discover what specific aspects of affect regulation go awry, if …

Student Reflections: The Impact Of Dual Enrollment On Transitions To A State University, Theresa Lyvette Lewis

USF Tampa Graduate Theses and Dissertations

Dual enrollment is one means of facilitating increased degree productivity, which can lead to the more educated workforce needed in today's society. This qualitative study was designed to obtain student perceptions about their dual enrollment experience, including how it impacted their decision to go to college and what comparisons they would make between their dual enrollment experience and their full university experience. Twenty-one students were interviewed via e-mail to provide responses that would help answer three research questions: 1.What are the initial experiences of dual enrollment students? 2.How does the dual enrollment experience impact the decision of high school graduates …

A New Understanding Of Sophistic Rhetoric: A Translation, With Commentary, Of Mario Untersteiner‘S ―Le Origini Sociali Della Sofistica‖, Elisabeth Lofaro

USF Tampa Graduate Theses and Dissertations

This dissertation translates an essay by Mario Untersteiner "Le origini sociali della sofistica" ("The Social Origins of Sophistry") unpublished in English, and explores its significance in terms of classical and contemporary rhetorical theory, as well as the composition classroom. In the process, I attempt to contribute to reestablishing sophistry and rhetoric within our contemporary cultural milieu. More specifically, the dissertation is organized into five main parts: The first chapter offers an introduction to and thorough background of the sophists in ancient and classical Greece; the second chapter reviews the scholarship about the sophists, as well as that on Mario Untersteiner …

Cardiovascular Risk Factors For Mild Cognitive Impairment, Michael Malek-Ahmadi

USF Tampa Graduate Theses and Dissertations

The relationship between cardiovascular conditions and the presence of Alzheimer's disease (AD) has been well-documented in a number of recent studies. Generally, the presence of cardiovascular conditions such as high total cholesterol and hypertension have been shown to significantly increase the risk for the development of AD. Given the results of these studies, it is possible that these same risk factors might also increase the risk of developing mild cognitive impairment (MCI). An analysis of 216 subjects (119 cognitively normal (CN), 77 aMCI, 20 naMCI) found that after adjusting for age, education, ethnicity, and gender, only hemoglobin A1c (HbA1c) showed …

Program Satisfaction, School Climate Perceptions, And Psychoeducational Experiences In College Preparatory Programs: A Comparison Of Caucasian And Ethnic Minority Students, Yanique T. Matthews

USF Tampa Graduate Theses and Dissertations

The current study focused on the extent to which participation in academically rigorous college preparatory programs, International Baccalaureate (IB) and the Advanced Placement (AP) particularly, impacts students from racially diverse backgrounds (Caucasian, African American, Asian American and Hispanic/Latino American). Student outcomes of interest included the program satisfaction, school climate perceptions (relationships with peers and teachers), and psychoeducational adjustment (academic and mental health functioning). The experiences of 381 college preparatory participants were also compared to 143 general education peers and subjected to a series of MANOVAs and ANOVAs. General findings indicated that, regardless of the student's racial identity, students in AP …

The Daily Show: Journalism’S Jester, Mark R. Mccarthy

USF Tampa Graduate Theses and Dissertations

The social meaning of television news has been under transformation since the successes of cable news in the final years of the previous century. In their attempts to preserve viewership and to remain relevant, traditional broadcast news outlets increasingly emulate the conventions of cable news. Instead of retaining audiences, the result has been declining news content and a continued loss of viewers. Amid these industry transformations, the concept of "journalist" continues to undergo change. This evolution of the news allows for a decidedly unique response to news programming in The Daily Show With Jon Stewart. Though advertised as a half-hour …