Digital Commons Network^™

Enron, Doma, And Spousal Privileges: Rethinking The Marriage Plot, Bennett Capers

Fordham Law Review

No abstract provided.

“Two Parts Of The Landscape Of Family In America”: Maintaining Both Spousal And Domestic Partner Employee Benefits For Both Same-Sex And Different-Sex Couples, Nancy D. Polikoff

Fordham Law Review

No abstract provided.

Involuntary Imports: Williams, Lutwak, The Defense Of Marriage Act, Federalism, And “Thick” And “Thin” Conceptions Of Marriage, Lynn D. Wardle

Fordham Law Review

No abstract provided.

Unconstitutional Animus, Susannah W. Pollvogt

Fordham Law Review

   It is well established that animus can never constitute a legitimate state interest for purposes of equal protection analysis. But neither precedent nor scholarship has stated conclusively how animus is properly defined, what counts as evidence of animus in any given case, or the precise doctrinal significance of a finding of animus. The U.S. Supreme Court has explicitly addressed the question of animus only a handful of times, and these cases do not appear to be particularly congruent with one another, at least on the surface. Further, while a number of scholars have discussed animus in terms of moral philosophy, …

But Is It Just? The Inability For Current Adjudicatory Standards To Provide “Just Compensation” For Creeping Expropriations, Shain Corey

Fordham Law Review

   In hopes of promoting foreign direct investment, the world has experienced an influx of bilateral investment treaties over the past twenty years. One protection these treaties afford to foreign investors is the guarantee of “just compensation” if the host government expropriates their investment, either directly or indirectly. Extensive jurisprudence exists discussing how a tribunal determines “just compensation” in cases of expropriation; however, these methods have historically revolved around valuing direct expropriations. While tribunals use these same methods to value indirect expropriations, analysis of these adjudications, particularly in the cases of a creeping expropriation, result in inconsistent and unpredictable outcomes

   This …

Unclear Authority, Unclear Futures: Challenges To State Legislation Providing In-State Tuition Benefits To Undocumented Students Pursuing Higher Education, Julia R. Kim

Fordham Law Review

   Exercising its federal power to regulate immigration, Congress has responded to illegal immigration by enacting deterrent legislation that includes provisions denying public benefits to undocumented immigrants. One of these provisions, 8 U.S.C. § 1623, explicitly bars states from providing postsecondary education benefits to undocumented immigrants on the basis of in-state residency. As a consequence, undocumented young adults—many of whom grew up and received their primary and secondary education in the United States—are effectively barred from pursuing higher education by their ineligibility for in-state tuition rates and financial aid. Some states, however, have evaded the § 1623 bar by providing undocumented …

Funding Conditions And Free Speech For Hiv/Aids Ngos: He Who Pays The Piper Cannot Always Call The Tune, Alexander P. Wentworth-Ping

Fordham Law Review

   The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act pledges billions of dollars to fund NGOs combating the HIV/AIDS epidemic but requires recipients to adopt a policy explicitly opposing prostitution and sex trafficking. A possible recipient NGO confronts a tough decision: adopt an affirmative statement against prostitution and sex trafficking to accept the funds, alienating a vital partner in its efforts to eradicate HIV/AIDS; or deny the funds to speak its own message, though without the benefit of government assistance.

   Courts are split on whether the Leadership Act’s policy requirement places an unconstitutional condition on federal funds that requires …

Point Source And Non-Point Source Pollution In A Secondary Stream: Nutrient Concentration And Fecal Microbe Counts In Tates Creek, Madison County, Kentucky, Walter S. Borowski, Krisopher H. Carroll, Bethany Gabbard

EKU Faculty and Staff Scholarship

Nutrient concentration and fecal microbe counts are elevated in Tates Creek, a stream that emanates from the town of Richmond, KY, passes by a conventional sewage treatment plant that discharges into the stream, and winds for 13 miles through pastureland and a series of small communities on septic systems before entering the Kentucky River. The sewage treatment plant shut-down operations during our study and we monitored dissolved nutrients (ammonium, nitrate, and phosphate), fecal microbes (total coliform and Escherichia coli), and stream biota before and after treatment operations ceased. Sampling occurred 4 times in both 2011 and 2012 between May …

Cancer In Louisiana: 2005-2009, Volume 27, Louisiana Tumor Registry, Patricia A. Andrews, Mei-Chin Hsieh, Lisa Pareti, Brent Mumphrey, Xiangrong Li, Beth A. Schmidt, Diane Ferguson, Christina Lefante, Lauren Maniscalco, Xiao-Cheng Wu, Vivien W. Chen

Policy & Position Papers

Mission:

To collect and report complete, high-quality, and timely population-based cancer data in Louisiana to support cancer research, control, and prevention.

Vision:

To reduce suffering and death from cancer using information collected by the Louisiana Tumor Registry.

History:

Cancer registration in Louisiana began in 1947 at the Charity Hospital Tumor Registry in New Orleans. In 1974, as part of its Surveillance, Epidemiology and End Results (SEER) Program, the National Cancer Institute provided funds for a population-based cancer incidence and survival registry covering Jefferson, Orleans, and St. Bernard parishes. Five years later, the Louisiana Tumor Registry (LTR) was transferred to the …

Harmonizing Commercial Wind Power And The Endangered Species Act Through Administrative Reform, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and wind power have met in policy, permitting, and litigation. Part II then examines whether wind power (and other renewable energy sources) can and should receive a green pass under the ESA given its unquestioned climate change mitigation benefits, concluding that doing so would face a host of legal and policy concerns. Part III then outlines a model for administrative innovation of ESA …

Privacy In Mobile Technology For Personal Healthcare, Sasikanth Avancha, Amit Baxi, David Kotz

Dartmouth Scholarship

Information technology can improve the quality, efficiency, and cost of healthcare. In this survey, we examine the privacy requirements of \emphmobile\/ computing technologies that have the potential to transform healthcare. Such \emphmHealth\/ technology enables physicians to remotely monitor patients' health, and enables individuals to manage their own health more easily. Despite these advantages, privacy is essential for any personal monitoring technology. Through an extensive survey of the literature, we develop a conceptual privacy framework for mHealth, itemize the privacy properties needed in mHealth systems, and discuss the technologies that could support privacy-sensitive mHealth systems. We end with a list of …

Good For You, Bad For Us: The Financial Disincentive For Net Demand Reduction, Michael P. Vandenbergh, Jim Rossi

Vanderbilt Law School Faculty Publications

This Article examines a principal barrier to reducing U.S. carbon emissions — electricity distributors’ financial incentives to sell more of their product — and introduces the concept of net demand reduction (“NDR”) as a primary goal for the modern energy regulatory system. Net electricity demand must decrease substantially from projected levels for the United States to achieve widely-endorsed carbon targets by 2050. Although social and behavioral research has identified cost-effective ways to reduce electricity demand, state-of-the-art programs to curtail demand have not been implemented on a widespread basis. We argue that electric distribution utilities are important gatekeepers that can determine …

Customizing Employment Arbitration, Randall Thomas, Kenneth J. Martin, Erin O'Hara O'Connor

Vanderbilt Law School Faculty Publications

According to the dispute resolution literature, one advantage of arbitration over litigation is that arbitration enables the parties to customize their dispute resolution procedures. For example, parties can choose the qualifications of the arbitrator(s), the governing procedural rules, the limitation period, recoverable damages, rules for discovery and the presentation of evidence and witnesses, and the specificity of required arbitrator findings. While other scholars have questioned whether parties to arbitration agreements frequently take advantage of this customization, there is little solid empirical information about the topic. In this article, we study the arbitration clauses found in a random sample of 910 …

The Endangered Species Act's Fall From Grace In The Supreme Court, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Thirty-five years ago, the Endangered Species Act ("ESA") had as auspicious a debut in the U.S. Supreme Court as any statute could hope for. In Tennessee Valley Authority v. Hill, a majority of the Court proclaimed that the ESA was intended "to halt and reverse the trend toward species extinction, whatever the cost" and backed up those and other bold words by preventing a nearly completed federal dam from impounding its reservoir because doing so would eliminate the only known (at the time) habitat of a small fish, the now infamous snail darter. To this day, Hill remains actively discussed …

The Political Economy Of Climate Change Winners, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Many people and businesses in the United States stand to receive market and nonmarket benefits from climate change as it moves forward over the next 100 years. Speaking of climate change benefits is not for polite 'green' conversation, but ignoring them as climate policy dialogue and legal scholarship consistently have" will not make them go away. It is important to take climate change benefits into account if they lead people and businesses to believe that climate change will not be so bad for them, or even to believe it has made them into climate change winners. Thus, whereas legal scholars …

The Ideas Of Jean Piaget: Using Theory To Better Understand Theory And Improve Learning, William E. Herman

Swiss American Historical Society Review

M ost readers will note the irony embedded in the title of this paper and the Einstein quote. There is an obvious and important thread of truth derived from such premises. Is it prudent and scholarly to employ Jean Piaget's theory in order to more deeply explore the meaning of Piaget's theory? Biblical scholars have long been known to use the writings of the Apostles and other Biblical voices as tools to understand sacred text. In this way, the Bible is used to understand the Bible. As the Swiss theologian Karl Barth once stated regarding the daring element of Christian …

Albert Einstein In Switzerland: The Education Of The Most Famous Swiss American, Kurt Winkler

Swiss American Historical Society Review

The most famous Swiss American, by far, was Albert Einstein. It is well known that Einstein worked in Germany starting in 1914, but he was forced to leave in 1933 as someone the Nazis had "not yet hanged," and he came to the United States where he taught at Princeton University for many years. However, Einstein had earlier lived in Switzerland for many years. Even though he became an American citizen in 1940, the great physicist retained ties to Switzerland, and he kept his Swiss passport all his life . Einstein spent his most productive years in Switzerland where he …

The Effects Of Marzano's Six Step Vocabulary Process, On Fourth Grade Students' Vocabulary Knowledge, Fluency, And Sentence Complexity, Janet S. Suing

Student Work

This exploratory study examined the ways in which fourth grade students, in an urban setting, responded to a nine-week implementation of Marzano's Six Step Vocabulary Process. The purpose of this study was to explore the relationship between the direct instruction of vocabulary and the effects on student achievement as measured by Vocabulary Words Assessments, Rigby Reading A-Z Fluency Assessments, and Sentence Complexity Assessments.

The Eastern Echo, November 1, 2012, Eastern Michigan University

EMU Student Newspaper: The Normal News & The Eastern Echo

No abstract provided.

The New Progressive Property And The Low-Income Housing Conflict, Zachary Bray

BYU Law Review

The foundation of property law has been much debated in recent years, as several scholars have sought to provide a theoretical alternative to what they call the dominant, “law-and-economics” approach to property. In place of the law-and-economics approach, these scholars advance a new theoretical approach, which I call “the new progressive property.” At its core, this new approach favors rules thought to promote the collective well-being of the larger community while ensuring that relatively disadvantaged members of society have access to certain basic resources. This Article explores the boundaries and practical implications of the new progressive property. To do so, …

From Handbills To Proposed Bills: Suggestions For Regulating The Law Vegas "Strip" Tease, Brian D. Blakley

BYU Law Review

No abstract provided.

Closing Pandora's Box: Proposing A Statutory Solution To The Supreme Court's Failure To Adequately Protect Property, Ryan Merriman

BYU Law Review

No abstract provided.

The Eastern Echo, November 1, 2012, Eastern Michigan University

EMU Student Newspaper: The Normal News & The Eastern Echo

No abstract provided.

The Eastern Echo, November 1, 2012, Eastern Michigan University

EMU Student Newspaper: The Normal News & The Eastern Echo

No abstract provided.

Markets As A Moral Foundation For Contract Law, Nathan B. Oman

Faculty Publications

No abstract provided.

Back From The Abyss: Real Estate Tax Planning From The Bottom Up (Slides), Steven M. Friedman

William & Mary Annual Tax Conference

No abstract provided.

Interstate Transmission Challenges For Renewable Energy: A Federalism Mismatch, Alexandra B. Klass, Elizabeth J. Wilson

Vanderbilt Law Review

It is impossible to talk about developing renewable energy resources in the United States without also talking about developing electric transmission infrastructure. More specifically, the transmission-planning strategies that may have worked in the past are no longer effective to integrate new sources of renewable energy into the transmission grid. Transmission lines were historically built to link large stationary power plants to nearby electricity demand centers like cities. For renewable energy, however, state mandates and policies are driving investment in wind-and to a lesser extent solar-energy, creating a need for new transmission lines to link these dispersed resources with electric load …

Building-Related Renewable Energy And The Case Of 360 State Street, Sara C. Bronin

Vanderbilt Law Review

This Article focuses on small-scale and midsized facilities and does not consider large-scale facilities, which tend to be located far from population centers. These facilities certainly raise pressing legal concerns, not least of which is how the energy sprawl they create should be managed. Indeed, siting (along with initial start-up financing) is a primary barrier to large-scale renewable energy. This Article sets large-scale facilities aside and focuses primarily on projects whose scale allows them to be incorporated into inhabited structures.

Reciprocal Inhibition Post-Stroke Is Related To Reflex Excitability And Movement Ability, Neha Bhagchandani, Sheila M. Schindler-Ivens

Physical Therapy Faculty Research and Publications

Objective Decreased reciprocal inhibition (RI) of motor neurons may contribute to spasticity after stroke. However, decreased RI is not a uniform observation among stroke survivors, suggesting that this spinal circuit may be influenced by other stroke-related characteristics. The purpose of this study was to measure RI post-stroke and to examine the relationship between RI and other features of stroke. Methods RI was examined in 15 stroke survivors (PAR) and 10 control subjects by quantifying the effect of peroneal nerve stimulation on soleus H-reflex amplitude. The relationship between RI and age, time post-stroke, lesion side, walking velocity, Fugl-Meyer, Ashworth, and Achilles …

Table Of Contents, Depaul College Of Law

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.