Digital Commons Network^™

New York Recognition Of A Legal Status For Same-Sex Couples: A Rapidly Developing Story, Arthur S. Leonard

Articles & Chapters

In New York State at the beginning of 2010, same-sex couples cannot get married but can be married. The state’s highest court, the Court of Appeals, construed the state’s marriage law in 2006 to prohibit state officials from issuing marriage licenses to same-sex couples, but said nothing in that decision about whether same-sex couples married outside the state would be considered married when they were in the state. In February 2008, an intermediate appeals court in Rochester ruled that New York’s marriage recognition law supported extending comity to a same-sex marriage performed in Canada, and several other appellate courts have …

Single Asset Real Estate And Development Projects: The Kara Homes Mistake, Marshall E. Tracht

Articles & Chapters

The Kara Homes decision held that various affiliates of Kara Homes, Inc., each of which owned a separate real estate project, were "single asset real estate" ("SARE'') cases under the Bankruptcy Code's definition. According to the author of this article, the designation as single asset real estate substantially increased the difficulty faced by the debtors in maintaining their reorganization efforts, and has given lenders and their counsel a significant amount of comfort. However, the definition runs against the actual wording of the Bankruptcy Code, the intent underlying the SARE provisions, and the political winds. It should, and may well, be …

"With Faces Hidden While The Walls Were Tightening": Applying International Human Rights Standards To Forensic Psychology, Michael L. Perlin

Articles & Chapters

Although there are now robust bodies of literature in both Alaw and psychology and in international human rights law, there has been remarkably little written about the specific relationship between forensic psychology and international human rights standards (and about the relationship between mental disability law and such standards in general). Attention is paid when it appears that state psychiatry or psychology is used as a tool of political oppressions e.g., in the former Soviet Union or in China, but the literature is strangely silent on questions dealing with the extent to which forensic psychology practice comports withinternational human rights norms. …

How Reins Would Improve Environmental Protection Symposium: The Epa At 40, David Schoenbrod

Articles & Chapters

No abstract provided.

Immortality Of Equitable Balancing, The Response, David Schoenbrod

Articles & Chapters

No abstract provided.

Mount Laurel: Hindsight Is 20-20 Articles Inspired By The Work Of John M. Payne: Discussions Of Mount Laurel Today, Richard H. Chused

Articles & Chapters

No abstract provided.

Curriculum Design And Bar Passage: New York Law School's Experience, Donald H. Zeigler, Joanne Ingham, David Chang

Articles & Chapters

Many NYLS graduates taking the NY bar exam passed below the state rate. This article describes how improvements in bar passage rates were achieved through the implementation of a comprehensive curriculum program. The article further considers how the law school improved test scores of low-performing students by addressing academic rigor and capacity to practice law.

Reflections On Substance And Form In The Civil Rights Classroom, Doni Gewirtzman

Articles & Chapters

Legal education typically treats substance and form as unrelated entities -- the same pedagogical structure and tools are used regardless of the nature of the course. This Essay attempts to align the way we teach civil rights law with the nature of the subject matter by exploring three central conflicts that touch on both substance and form: the battle between coercion and freedom, the battle between public and private, and the battle between law and love. It argues that while the form of legal education polarizes each of these divides, the substance of civil rights law takes a more ambiguous …

Introduction: In Praise Of Martin Chanock, Stephen Ellmann, Heinz Klug, Penelope Andrews

Articles & Chapters

No abstract provided.

War And Peace Between Title Vii's Disparate Impact Provision And The Equal Protection Clause: Battling For A Compelling Interest, Eang Ngov

Faculty Articles

“[T]he war between disparate impact and equal protection will be waged sooner or later, and it behooves us to begin thinking about how – and on what terms – to make peace between them.” This Article addresses Justice Scalia’s premonition in Ricci v. DeStefano by providing an analysis of how that war may be waged and whether peace can be made between Title VII’s disparate impact provision and the Equal Protection Clause. Ricci involved a challenge to the City of New Haven’s decision to void the test results of an examination required for promotion within the City’s fire department. The …

Tremors Of Things To Come: The Great Split Between Federal And State Pleading Standards, Roger Michalski

Faculty Articles

No abstract provided.

Florida Institute Of Technology Catalog 2011-2012, Florida Institute Of Technology

Florida Institute of Technology Melbourne and Jensen Beach Catalogs, 1967-2015

Academic catalog by Florida Institute of Technology for the 2011-2012 academic year.

A Populist Manifesto For Learning The Law, Eric E. Johnson

Faculty Articles

In this article, I examine the questions above and conclude that there are intelligent, well-formed arguments for taking a more populist approach to teaching law. The pedagogical view I present in this article can be summed up as three interrelated propositions: • Law professors should cease to regard as sacrosanct the process of learning law through the reading of judicial opinions. • Law professors should let go of old taboos about student study-aids and other shortcuts to learning. • Law professors should strive, insofar as possible, to make learning doctrine easier and less time-consuming. In its briefest form, my argument …

Graduate Bulletin 2010-2011, John Jay College Of Criminal Justice

College Bulletins

No abstract provided.

Feminine Identity Confined: The Archaeology Of Japanese Women At Amache, A Wwii Internment Camp, Dana Ogo Shew

Electronic Theses and Dissertations

In 1942, approximately 120,000 people of Japanese ancestry were evacuated from the West Coast to ten different internment camps in the interior of the United States. One of these camps was the Granada Relocation Center, otherwise known as Amache, located in southeastern Colorado. Through the analysis of archaeological material, archival documents, and oral histories, this thesis explores the experiences of Japanese American women interned at Amache. Feminine identity was greatly changed and redefined during confinement. These changes in feminine identity are examined in the public and private arenas of daily life within confinement. The construction of new and altered individual …

Competence And Member State Autonomy: Causality, Consequence And Legitimacy, Paul Craig

Articles by Maurer Faculty

The scope of EU competence and the limits on Member State autonomy can validly be analyzed from a variety of perspectives. This chapter considers one such perspective, the prevailing concern about the scope and exercise of EU competence. This concern is often based on the premise that some reified entity called the EU has increasingly arrogated power, with a consequent diminution of national autonomy that the Member States have been unable to resist, and the ECJ is frequently regarded as bearing primary responsibility. it will however be argued in the first half of this chapter that the Community courts were …

The Argument For Same-Sex Marriage (Debate), Deborah A. Widiss, Nelson Tebbe, Shannon Gilreath

Articles by Maurer Faculty

Perry v. Schwarzenegger, in which a federal district court held California's ban on same-sex marriages unconstitutional, is set for expedited review in the Ninth Circuit; many argue that the case will ultimately be decided by the Supreme Court. The arguments for and against the constitutionality of such statutes are thus at a fever pitch. In an article published earlier this year, Professors Nelson Tebbe and Deborah Widiss argued that marriage rights are best conceived of as an issue of equal access, rather than one of equal protection or substantive due process. Nelson Tebbe & Deborah A. Widiss, Equal Access and …

Review Of Labor And Employment Decisions From The United States Supreme Court’S 2008–2009 Term, Kenneth G. Dau-Schmidt, Todd C. Dvorak

Articles by Maurer Faculty

In its most recently completed Term, the United States Supreme Court decided eight labor and employment law cases of some consequence. The decided cases covered a broad array of labor and employment subjects, including: the Employee Retirement Income Security Act (ERISA), Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), public sector labor law, and private sector labor law. Practitioners who specialize in a particular area might be tempted to focus on only the cases in their area. Academics might be tempted to try to devise some economic or logical theory …

Managing Fiscal Volatility By Redefining "Tax Cuts" And "Tax Hikes", David Gamage, Jeremy Bearer-Friend

Articles by Maurer Faculty

This report analyzes how states should cope with fiscal volatility at the level of institutional-design policy. We propose that states reconsider how they define terms like ‘‘tax cuts’’ and ‘‘tax hikes.’’ By adopting a new baseline for defining those terms, states can increase the likelihood of using tax rate adjustments to cope with fiscal volatility rather than more harmful spending fluctuations.

Proportionality, Rationality And Review, Paul Craig

Articles by Maurer Faculty

There is a debate in certain common law jurisdictions as to whether proportionality should be accepted as a general criterion for judicial review in administrative law. This article responds to Mike Taggart’s bifurcation thesis and his argument that proportionality should be reserved for rights-based cases, with low intensity rationality review being used for other types of case. I argue to the contrary that proportionality should be a general principle of judicial review that can be used both in cases concerned with rights and in non-rights based cases, albeit with varying intensity of review. The article begins by addressing the advantages …

Cyberspace Is Outside The Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, Joseph A. Tomain

Articles by Maurer Faculty

Normative and doctrinal analysis shows that schools do not possess jurisdiction over offensive online student speech, at least when it does not cause a substantial disruption of the school environment. This article is a timely analysis on the limits of school jurisdiction over offensive online student speech.

On February 4, 2010, two different Third Circuit panels issued opinions reaching opposite conclusions on whether schools may punish students based on online speech created by students when they are off-campus. The Third Circuit vacated both decisions and is considering these cases in a consolidated en banc appeal. Another case addressing the same …

Interstitial-Nitrogen Effect On Phase Transition And Magnetocaloric Effect In Mn(As,Si) (Invited), W. B. Cui, X. K. Lv, F. Yang, Ralph Skomski, Y. Yu, X. G. Zhao, W. Liu, Z.D. Zhang

Ralph Skomski Publications

The effect of interstitial nitrogen on the phase transition and magnetocaloric behavior of MnAs_1−xSi_xN_δ (x=0.03, 0.06, and 0.09) is investigated. The interstitial nitrogen atoms cause the step-scanned x-ray diffraction peaks to shift toward lower angles and lower the Curie temperature, whereas silicon addition increases the Curie temperature to near room temperature. The thermal hysteresis is reduced to nearly 0 in MnAs_1−xSi_xN_δ, which is beneficial to practical applications. For a field change of 5 T, the largest magnetic entropy change and refrigerant capacity are 14.6 J kg⁻¹ K^{−1 …}

Missouri River Recovery Program Emergent Sandbar Habitat Complexes In The Missouri River, Nebraska And South Dakota, Draft Project Implementation Report (Pir) With Integrated Environmental Assessment

United States Army Corps of Engineers, Omaha District

The Missouri River Recovery Program (MRRP) was developed to address actions included in the U.S. Fish & Wildlife Service (USFWS) 2000 and 2003 Amended Biological Opinions (BiOp) on the Operation of the Missouri River System and the Missouri River Bank Stabilization and Navigation Fish and Wildlife Mitigation Project (Mitigation Project) authorized by the Water Resources Development Acts of 1986 and 1999 (WRDA86 and WRDA99). The BiOp and Mitigation Project provide authority and direction to complete projects for fish and wildlife habitat along Missouri River. These actions are being undertaken to address endangered species needs and mitigate for the loss of …

Missouri River Recovery Program: Integrated Science Program General Science Questions & Key Findings

United States Army Corps of Engineers, Omaha District

I.

What is the population of pallid sturgeon in the Missouri River and its tributaries? .....5
1. What are the population trends over time? ...........................5

II.

Is propagation a viable short-term solution to augment pallid sturgeon populations?
2. Can pallid sturgeon be propagated?......................................6
3. Will stocked fish survive in the river? .....................................6
4. Will stocked fish spawn in the river?........................................7
5. What is the appropriate level of stocking?................................7

III.

Do pallid sturgeon spawn in the Missouri River? ..........................7
6. Where are the locations of spawning sites? .............................7
7. What is the timing of the spawn?...........................................8
8. What are the cues …

Draft Programmatic Environmental Impact Statement For The Mechanical Creation And Maintenance Of Emergent Sandbar Habitat In The Riverine Segments Of The Upper Missouri River, Vol. 1 And 2

United States Army Corps of Engineers, Omaha District

This Draft Programmatic Environmental Impact Statement (PEIS) analyzes the potential environmental consequences of implementing the Emergent Sandbar Habitat (ESH) program on the Upper Missouri River. The purpose of the ESH program is to support least tern and piping plover populations on the Missouri River by supplementing natural habitat through the mechanical creation and replacement of ESH. The PEIS allows the public, cooperating agencies (the U.S. Fish and Wildlife Service (USFWS) and the National Park Service (NPS)), and Corps decision makers to compare impacts among a range of alternatives. The PEIS is meant to inform the selection of a preferred alternative …

The Whitings’ Concepts Of Culture And How They Have Fared In Contemporary Psychology And Anthropology, Carolyn P. Edwards, Marianne Bloch

Department of Psychology: Faculty Publications

This article presents a brief intellectual biography of John and Beatrice Whiting, followed by an examination of five key ideas that they put forward to the fields of psychology and anthropology through their theoretical and empirical writings. These key ideas are (a) the assumption of the psychic unity of humankind, (b) the cultural learning environment, (c) the psychocultural model, (d) the synergistic relationship of the disciplines of psychology and anthropology, and (e) the role of mothers as agents of social change through child-rearing roles as well as through various other ways they guide change in the communities and learning environments …

Europe And Security Issues In Space: The Institutional Setting, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In the current timeframe, the relevance of discussions on the existing use of space for national security purposes and the potential of it to be used for non-peaceful purposes are clearly increasing. As a consequence, it becomes more important to address the role of Europe as a geopolitical, albeit far from monolithic, entity in this context.

From this perspective, the present paper analyzes some of the fundamental institutional parameters shaping the European presence in the space security domain, focusing on the two key players in space, which are truly European, the European Space Agency (ESA) and the European Union (EU). …

Regulation Of Space Activities In The Netherlands: From Hugo Grotius To The High Ground Of Outer Space, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The Netherlands, being aware of its relative size when compared to the major spacefaring nations not only globally but also in the European context, has always addressed outer space and space activities from the perspective of the role it could feasibly play. It has thus concentrated on a few niche areas which were either closely aligned to existing capabilities and experience or seemed to offer possibilities for mid-size economies and societies to play an important role.

The longstanding focus on scientific/technical aspects of space activities on the one hand, and on an international/legal context for them on the other, constitutes …

Articulatory-To-Acoustic Relations In Response To Speaking Rate And Loudness Manipulations, Antje Mefferd, Jordan R. Green

Department of Special Education and Communication Disorders: Faculty Publications

Purpose: This investigation determined the strength of association between tongue kinematic and speech acoustic changes in response to speaking rate and loudness manipulations. Performance changes in the kinematic and acoustic domains were measured using two aspects of speech production presumably affecting speech clarity: phonetic specification and variability.
Method: Tongue movements for the vowels /ia/ were recorded in ten healthy adults during habitual, fast, slow and loud speech using three dimensional electromagnetic articulography. To determine articulatory-to-acoustic relations for phonetic specification, we correlated changes in lingual displacement with changes in acoustic vowel distance. To determine articulatory-toacoustic relations for phonetic variability, we correlated …

Evaluation Of Biological Cell Properties Using Dynamic Indentation Measurement, Guoxin Cao, Namas Chandra

Department of Engineering Mechanics: Faculty Publications

Viscoelastic mechanical properties of biological cells are commonly measured using atomic force microscope (AFM) dynamic indentation with spherical tips. A semiempirical analysis based on numerical simulation is built to determine the cell mechanical properties. It is shown that the existing analysis cannot reflect the accurate values of cell elastic/dynamic modulus due to the effects of substrate, indenter tip size, and cell size. Among these factors, substrate not only increases the true contact radius but also interferes the indentation stress field, which can cause the overestimation of cell moduli. Typically, the substrate effect is much stronger than the other two influences …