Digital Commons Network^™

Current Circuit Splits, Circuit Review Staff

Seton Hall Circuit Review

No abstract provided.

The Twilight Of The Minimum Contacts Test, Patrick J. Borchers

Seton Hall Circuit Review

No abstract provided.

A Collision Course Between The Right Of Publicity And The First Amendment: The Third And Ninth Circuit Find Ea Sports’S Ncaa Football Video Games Infringe Former Student-Athletes Right Of Publicity, Michael Feinberg

Seton Hall Circuit Review

No abstract provided.

The Reporter’S Privilege Is Essential To Checks And Balances Being Accessible To The American Electorate, Amanda A. Konarski

Seton Hall Circuit Review

No abstract provided.

First Impressions, Circuit Review Staff

Seton Hall Circuit Review

No abstract provided.

Increase Access To The Appellate Courts: A Critical Look At Modernizing The Final Judgment Rule, Ankur Shah

Seton Hall Circuit Review

No abstract provided.

Some Mistakes Are Greater Than Others: Why A Categorical Exclusion Is A Proper Response To A Police Officer's Mistake Of Law During A Traffic Stop, Daniel J. Gilbert

Seton Hall Circuit Review

No abstract provided.

To Yoder Or Not To Yoder? How The Spending Clause Holding In National Federation Of Independent Business V. Sebelius Can Be Used To Challenge The No Child Left Behind Act, Christopher Roma

Pace Law Review

States such as California, Texas, Montana, Nebraska and Pennsylvania all have either declined to apply for waivers out of the testing, accountability, and penalty schemes of No Child Left Behind; or, have had their applications rejected by the Department of Education. This Article argues that these states would have a legitimate challenge to NCLB as unconstitutionally coercive based on the precedent of Sebelius. As discussed more in the sections that follow, not only is NCLB and Title I the largest federal funding program behind Medicaid, it also shares many of the characteristics that the opinions in Sebelius found to be …

Is It Law Or Something Else?: A Divided Judiciary In The Application Of Fraudulent Transfer Law Under § 546(E) Of The Bankruptcy Code, Jaclyn Weissgerber

Pace Law Review

In Part I of this Note, I will provide a general overview of leveraged buyouts. The discussion of how and why LBOs are implemented is particularly relevant to the application of fraudulent transfer analysis. In Part II, I will discuss fraudulent transfer law as defined by the Bankruptcy Code. In Part III, I will discuss which transfers within the LBO should be attacked under fraudulent transfer law and why; this section will focus on the various stakes of the parties involved in the leveraged buyout transaction. I will provide an overview of the specific factors that bankruptcy and federal appellate …

Meaningful Involvement In Collections: Should Ethics Or The Fdcpa Govern?, Jeffrey S. Peters

Pace Law Review

This Note will explain and analyze the Fair Debt Collection Practices Act (FDCPA) and its case law. It will also discuss the interplay between the FDCPA case law and its ethical overtones. To understand the basis of this issue, Part II of this Note will begin by briefly developing the history and background of the FDCPA and discuss specific sections of the law designed to protect debtors from abusive debt collection practices. Notably, these sections relate to the prevention of improper practices for misleading debtors, and are the focus of the lawsuits that this Note will discuss. Accordingly, Part III …

Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny

Pace Law Review

This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but in …

Bigger Isn’T Always Better: An Analysis Of Court Efficiency Using Hierarchical Linear Modeling, Teresa Dalton, Jordan M. Singer

Pace Law Review

One important measure of trial court efficiency is overall case length—that is, the elapsed time from a case’s initial filing to its final disposition. Using a large, recent dataset from nearly 7000 federal civil cases, we find that two variables are particularly useful in predicting overall case length: the total number of attorneys filing an appearance in the case, and the number of authorized judgeships for a given district court. Further, we find a significant and surprising interaction between these two variables, indicating that smaller courts are more efficient than larger courts at processing civil cases when more than three …

Opening The Gate To Money Market Fund Reform, Hester Peirce, Robert Greene

Pace Law Review

This article proceeds as follows. Part I outlines briefly the background of MMFs. Part II discusses the role of the board of directors in governing MMFs, a role upon which our proposal would build. Part III discusses MMF-related events during the financial crisis of 2007-2008 and describes the government’s response to these events. Part IV describes the reforms the SEC instituted in 2010. Part V outlines options for further reform. Part VI outlines and discusses benefits and drawbacks of our proposed solution—unrestricted discretionary gating by fund boards. Part VII concludes.

Reexamining The Seventh Amendment Argument Against Issue Certification, Douglas Mcnamara, Blake Boghosian, Leila Aminpour

Pace Law Review

Issue certification does not run afoul of the Seventh Amendment because of the constitutional doctrines of standing and ripeness. Part II(A) and II(B) examines FRCP 23 and the history of class actions and issue certifications. Next, Part II(C) analyzes Rhone Poulenc and its Seventh Amendment analysis. Part III(A) argues that ripeness and standing undermine Seventh Amendment arguments concerning reexamination. First, as to ripeness, the reexamination argument relies on a series of speculations: that the class plaintiffs will prevail on the trial of the common issues; and that a second jury would—contrary to legal presumptions — ignore the trial judge’s instructions, …

Tipping The Scales In Favor Of Charitable Bequests: A Critique, Elizabeth R. Carter

Pace Law Review

The public policy favoring testamentary bequests to charities is well established in the law. However, that public policy can, and does, conflict with other equally well-founded public policies. When confronted with this conflict, courts are often dismissive or even hostile towards the parties seeking to challenge a testamentary bequest to a charity. I argue that the policy favoring charitable giving has gone too far and has, in some instances, undermined other important public policies. Specifically, courts and legislators have strengthened the charitable bequest policy without giving enough consideration to other, equally important public policies. This problem is not new. History …

Acculturation, Acculturative Stress, Social Status, And Well-Being Among English Language Proficient Immigrants, Darren R. Bernal

Open Access Dissertations

The effects of social status on well-being are pervasive (American Psychological Association Task Force on Socioeconomic Status, 2006; Marmot, 2004). Social status has been proposed to play a role (Berry, 1987; Padilla & Perez, 2003) in the complex association between both acculturation and acculturative stress and psychological well-being (Koneru, 2007). Subjective Social Status is a promising method of measuring social status (Adler, 2013) that has not been examined in regard to immigrants’ well-being. In an attempt to fill this gap in the literature, this study explored questions about immigrants’ well-being as they acculturate to and deal with acculturative stressors in …

A Blended Learning Npr Training Module For It Staff, Tracie Henson

Master of Education in Instructional Design and Technology Plan II Graduate Projects

The problem of the study was that there was a need to provide additional training to employees of the Information Systems (IT) Department of a regional hospital in the utilization of the Non-Procedural Report (NPR) writing function of the hospital’s Healthcare Information Systems (HIS). The current methods of NPR training lacked structure and depth and did not fulfill the needs of the IT staff to be able to focus on the proper actions needed to produce reports. The design and development of the blended learning module Creating Your First NPR Report was created to fill that need and provided an …

A Microstructural Constitutive Framework For Injured Ligament, Christina J. Stender, Evan Rust, Raquel J. Brown, Trevor J. Lujan

Biomedical Research Institute Student Presentations

No abstract provided.

Updates In Academic Affairs - 12/08/14, Office Of The Provost And Vice President Of Academic Affairs

Updates in Academic Affairs

• Academic Program Review and Planning progresses, nears milestone
• Nominations sought for WMU's highest faculty honor
• In gratitude for all your work

Muhamet Muriqi V. Attorney General United States

2014 Decisions

Agency

Market Structure-Driven Discrimination And The Earnings Of Subordinate Managers: An Analysis By Union Density, Richard U. Agesa, Jacqueline Agesa

Economics Faculty Research

Recent work examines the market structure/racial earnings relationship for union and nonunion workers and finds that standardized union earnings protect black workers from market structure–driven earnings discrimination. This study examines the market structure/racial earnings relationship for low and mid-level managers in high- and low-union density industries. Our findings indicate that there is less market structure–driven discrimination of managers in highly unionized industries. We suggest that there is a spillover effect of reduced market structure–driven discrimination of managers in highly unionized industries that stems from standardized, more racially equitable wages of union workers.

Poledna V. Idaho Dept. Of Labor Appellant's Reply Brief Dckt. 42220

Idaho Supreme Court Records & Briefs, All

No abstract provided.

Evidence-Based Change In Practice: Development And Implementation Of Type Ii Diabetic Flow Sheet, Kathryn Grimleybaker

Doctor of Nursing Practice (DNP) Projects

Ten percent of the National Health Service annual budget goes to treat complications from diabetes (Lancet, 2010). The American Diabetes Association® (ADA, 2013) estimated that diabetics in the United States incur $176 billion annually in direct medical costs for treatment with hospitalization being the main component of the expenditures. California has the largest population of diabetics and the highest annual cost at $27.6 billion (ADA, 2013). The Healthcare Cost and Utilization Project (HCUP, 2008) found that the average cost of hospitalization in 2008 for a patient with diabetes was $10,937 in contrast to $8,746 for a patient without diabetes. The …

Gordon V. Hedrick Respondent's Brief Dckt. 42191

Idaho Supreme Court Records & Briefs, All

No abstract provided.

Faculty Senate Meeting Agenda And Minutes, December 8, 2014

Faculty Senate Minutes and Agendas

Agenda and minutes from the Wright State University Faculty Senate Meeting held on, December 8, 2014.

Project Risk Identification For Government Projects In Anchorage And Palmer, August R. Banks

Student Projects for Graduate Degrees

This study reflects the research and analysis associated with identification of risk classifications and potential risks (both positive and negative) for use in project risk analyses in government projects managed via contract. Relying on literature reviews and surveys, a risk breakdown structure (RBS) and risk register with mitigation strategies are developed for use as a checklist by the organizations participating in the project; the General Services Administration (GSA) and the Plant Materials Center of the Alaska Department of Natural Resources (DNR/PMC). The survey findings support the original objective of establishing a common core of risks among the participating organizations. The …

Mcsa Forum Minutes 12/08/2014, Morris Campus Student Association

Morris Campus Student Association

No abstract provided.

A Preventive Approach To Post-Election Conflicts In Contemporary Africa, Edoh Agbehonou

Dissertations, Theses and Capstone Projects (Full IR Collection)

In this dissertation the author hypothesizes that (H1): In Africa, countries that use majoritarian electoral systems are more likely to experience post-election conflicts than are countries that use proportional electoral systems, (H2): In Africa, countries that use majoritarian electoral systems are more likely to experience post-election conflicts than are countries that use mixed electoral systems, and (H3): In Africa, countries that use mixed electoral systems are more likely to experience post-election conflicts than are countries that use proportional electoral systems.

These hypotheses are tested by using both primary qualitative and secondary quantitative data analyses in order to answer the research …

Culturally Relevant Pedagogy: Utilizing Hip Hop’S Intrinsic Quality Of Storytelling To Encourage Student Identity, Engagement And Empowerment In The Urban Classroom., Ruth B. Patterson

Graduate Theses & Dissertations

The purpose of this study is to add to the existing literature of knowledge and understanding of how a culturally relevant pedagogy such as Hip Hop can serve as an intrinsic motivation to encourage identity, engagement and empowerment among African American and Latino students. Critical Race Theory is utilized as the theoretical lens in this study as it challenges traditional educational practices and beliefs. The overarching question guiding this research is centered on “What is the value of utilizing Hip Hop’s intrinsic quality of storytelling to encourage identity, engagement and empowerment among African American and Latino students in the urban …

How Not To Apply Actavis, Michael A. Carrier

NULR Online

No abstract provided.