Digital Commons Network^™

The Court Of Appeals As The Middle Child, Raymond Lohier

Fordham Law Review

It’s said that middle children are most likely to be forgotten in the chaos of family life. The same could be said of the U.S. Courts of Appeals, which in 2016, mark their 125th anniversary, and which are the middle child of the federal judicial family. As too few people, even academics, know, the courts of appeals were created in 1891 by the Evarts Act, more than a century after the Constitution and the First Judiciary Act. The history of the courts of appeals has accordingly hovered somewhat uneasily next to that of the U.S. Supreme Court and the district …

Election Law And The Presidency: An Introduction And Overview, Jerry H. Goldfeder

Fordham Law Review

Americans now fully appreciate that presidential candidates are vying for a majority of the Electoral College votes, rather than the individual votes of constituents. Modern campaigns are organized around this goal, and commentators are focused on this reality. As a result, there has been an increased cry to reform the electoral process. After all, if every other public official in the land is elected by receiving more votes than their competitors, why should the President of the United States be elected in this apparently undemocratic fashion? The process appears even more unusual in that electors are chosen pursuant to state …

Rethinking Presidential Eligibility, Eugene D. Mazo

Fordham Law Review

Many aspiring American Presidents have had their candidacies challenged for failing to meet the Constitution’s eligibility requirements. Although none of these challenges have ever been successful, they have sapped campaigns of valuable resources and posed a threat to several ambitious men. This Article examines several notable presidential eligibility challenges and explains why they have often been unsuccessful. The literature on presidential eligibility traditionally has focused on the Eligibility Clause, which enumerates the age, residency, and citizenship requirements that a President must satisfy before taking office. By contrast, very little of it examines how a challenge to one’s candidacy impacts a …

“Natural Born” Disputes In The 2016 Presidential Election, Derek T. Muller

Fordham Law Review

The 2016 presidential election brought forth new disputes concerning the definition of “natural born Citizen.” The most significant challenges surrounded the eligibility of Senator Ted Cruz, born in Canada to a Cuban father and an American mother. Unlike challenges to President Barack Obama’s eligibility, which largely turned on conspiratorial facts, challenges to Cruz’s eligibility turned principally on the law and garnered more serious attention concerning a somewhat cryptic constitutional clause. Understandably, much attention focused on the definition of “natural born citizen” and whether candidates like Cruz qualified. Administrative challenges and litigation in court revealed deficiencies in the procedures for handling …

Consistently Inconsistent: What Is A Qualifying Investment Under Article 25 Of The Icsid Convention And Why The Debate Must End, Jeremy Marc Exelbert

Fordham Law Review

International investment has helped to pave the way for an increasingly globalized world community. Consequently, the International Centre for Settlement of Investor Disputes (ICSID)—existing under the mandate of the World Bank and with the stated purpose of increasing economic development abroad—has become the leading international arbitration mechanism currently available for settling disputes arising out of such investments. It is unsettling, therefore, that the interpretation of “investment” within article 25 of the ICSID Convention (the provision that determines whether an ICSID tribunal may exercise jurisdiction over a dispute) has given rise to a unique interpretive controversy because the ICSID Convention fails …

Accidental Vitiation: The Natural And Probable Consequence Of Rosemond V. United States On The Natural And Probable Consequence Doctrine, Evan Goldstick

Fordham Law Review

Recently, the Court decided Rosemond v. United States. In Rosemond, the Court had to determine the requisite mental state for aiding and abetting a particular federal crime. While the Court had the opportunity to weigh in on the natural and probable consequence doctrine in Rosemond, it declined to do so in footnote 7. This Note reviews the natural and probable consequence doctrine, its reception by courts and commentators, and the Court’s holding in Rosemond. This Note then applies the holding of Rosemond to several federal cases that employed the doctrine to determine whether, despite footnote 7, …

Dishonest Ethical Advocacy?: False Defenses In Criminal Court, Joshua A. Liebman

Fordham Law Review

This Note examines this dilemma and recent judicial approaches to it. Judges disagree about how guilty criminal defendants should be permitted to mount defenses at trial. Some have forbidden defense counsel from knowingly advancing any false exculpatory proposition. Others have permitted guilty defense attorneys to present sincere or truthful testimony in order to bolster a falsehood. And still others have signaled more general comfort with the idea that an attorney aggressively can pursue an acquittal on behalf of a guilty client. This Note seeks to resolve this issue by parsing the range of false defense tactics available to attorneys and …

From Global To Local: Reshoring For Sustainability, Al Ashby

Plymouth Business School

The UK clothing industry has seen the extensive offshoring of manufacturing, which has created fragmented global supply chains; these present a range of supply issues and challenges, including many related to sustainability. Reshoring is a reversion of a previous offshoring decision, thereby ‘bringing manufacturing back home’ (Gray et al. J Supply Chain Management 49(2):27–33, 2013), and can be motivated by increased costs and supply management problems. While not a new phenomenon, the reshoring of activities is growing in practice and there is an imperative for academic research (Fratocchi et al. J Purch Supply Manag 20:54–59, 2014). Through an in-depth longitudinal …

Manipulating, Fast And Slow: The Law Of Non-Verbal Market Manipulations, Shmuel I. Becher, Yuval Feldman

Cardozo Law Review

Consumers make purchasing decisions in various markets every day. Contrary to common belief, such decision-making is often not the result of deliberate analysis of information or of rational thinking. Rather, it is frequently based on feelings, sensations and intuition. Purchasing decisions are not made in a vacuum and are regularly influenced by sellers' manipulation and selling tactics.

It is well documented that people receive a substantial part of the information they possess via non-verbal communication. One of the most alarming aspects of this reality is that consumers are mostly unaware of non-verbal cues and the ways they can influence them. …

The Constitutionality Of Racially Integrative Purpose, Elise C. Boddie

Cardozo Law Review

The article explores the constitutionality of policies that are race-neutral on their face but are designed to include historically marginalized racial groups, arguing that such policies are presumptively constitutional. The author suggests that the Supreme Court, influenced by Justice Kennedy's opinions, is increasingly accepting these policies as constitutional if they promote racial integration without using race-specific means.

The Chief Justice And Statutory Construction: Holding The Government's Feet To The Fire, Pratik A. Shah

Cardozo Law Review

The article examines Chief Justice John Roberts' approach to statutory construction, highlighting his tendency to limit government overreach by narrowly interpreting statutes, particularly in federal criminal law and agency deference cases. His decisions reflect a commitment to curbing prosecutorial and agency discretion, ensuring the government operates within legal boundaries.

Summary Reversals In The Roberts Court, Edward A. Hartnett

Cardozo Law Review

The article examines the use of summary reversals by the Roberts Court, arguing that these decisions—where the Court reverses lower court rulings without full briefing or oral argument—serve important administrative functions and address specific types of errors, despite longstanding criticism. The author identifies patterns in the areas of law and types of errors targeted by these reversals, concluding that the practice persists due to its utility in maintaining judicial hierarchy and efficiency, even as critics question its propriety.

The Roberts Court And The New Textualism, Anton Metlitsky

Cardozo Law Review

The article explores the Roberts Court's approach to statutory interpretation, focusing on its adherence to the "new textualism," a methodology emphasizing the plain meaning of statutory text. While recent cases like King v. Burwell, Bond v. United States, and Yates v. United States appear to prioritize statutory purpose over textual meaning, the Court's reasoning reinforces its commitment to textualism by framing decisions within textualist methodology, even when outcomes seem to depart from strict textual interpretation.

Procedural Change In The First Ten Years Of The Roberts Court, Sarah Staszak

Cardozo Law Review

Chief Justice John Roberts has significantly influenced access to justice through his role in shaping the Federal Rules of Civil Procedure. His appointments to the Judicial Conference and its subcommittees have led to rule changes that favor corporate defendants and limit opportunities for individual plaintiffs, particularly through stricter discovery limits and higher pleading standards.

The Insular Citizens: America's Lost Electorate V. Stare Decisis, Nathan Muchnick

Cardozo Law Review

The note examines the historical and ongoing implications of the Insular Cases, which established a form of colonial governance over U.S. territories like Puerto Rico, denying residents full citizenship rights. It argues that these cases, rooted in outdated political and racial biases, contradict modern democratic principles and urges the Supreme Court to overturn this precedent to enfranchise Puerto Rican citizens.

Cloud-Enhanced Robotic System For Smart City Crowd Control, Akhlaqur Rahman, Jiong Jin, Antonio Cricenti, Ashfaqur Rahman, Marimuthu Palaniswami, Tony Tie Luo

Computer Science Faculty Research & Creative Works

Cloud robotics in smart cities is an emerging paradigm that enables autonomous robotic agents to communicate and collaborate with a cloud computing infrastructure. It complements the Internet of Things (IoT) by creating an expanded network where robots offload data-intensive computation to the ubiquitous cloud to ensure quality of service (QoS). However, offloading for robots is significantly complex due to their unique characteristics of mobility, skill-learning, data collection, and decision-making capabilities. In this paper, a generic cloud robotics framework is proposed to realize smart city vision while taking into consideration its various complexities. Specifically, we present an integrated framework for a …

Teachers' Perception Of Their Grading Practices By Experience, Training, And State-Assessed Effectiveness, Jeremy David Hinson

Electronic Theses and Dissertations Archive

The literature reveals a century-long acknowledgement of inconsistency within the grading process. Although scholars and practitioners ackowledge this inconsistency, teachers' subjective judgements continue to be a large factor when determining students' grades. The literature also highlights practitioners' lack of voice regarding the subject of grades. Through the use of surveys given to K-12 public educators, this research attempts to give voice to these practitioners.This research examined teachers' perceptions of their classroom grading practices. The researcher was interested in analyzing the relationships between effective teachers' thoughts on classroom assessment. Comparisons were made about teachers' on factors such as teacher effectiveness, training, …

Nucelotide Substitution Rates In Hantavirus Cd8+ T-Cell Epitopes, Brian Gerald Sikes

Graduate Theses

Hantaviruses pathogenic to humans are exclusive to rodents. Typically each hantavirus is associated with only one host species. Due to their close association, the geographical distributions are the same. Old World species, such as Hantaan hantavirus and Puumala hantavirus, induce symptoms described as the Hemorrhagic Fever with Renal Syndrome (HFRS). The New World hantaviruses, such as Andes hantavirus and Sin Nombre hantavirus, share a suite of symptoms that have been described as Hantavirus Pulmonary Syndrome (HPS). In this study, 16 well-characterized cytotoxic T lymphocytes (CTL) epitopes of the nucleocapsid (N) protein were identified from the literature.

These 16 …

Greenbroke: Stories, Sarah Jean Rains

Graduate Theses

In my collection Greenbroke: Stories, I explore the underbelly of the equestrian world. On the surface, the equestrian community is viewed as a world for the wealthy. It is viewed as a community of extravagance and excess. Additionally, there are few pieces of fiction that actually take the reader beyond the glamor of the surface. My stories do just that. Throughout my collection it was my aim to allow readers into a world that is different from the stereotypical equine community they thought they knew. In my stories, horse people watch their worlds collapse around them. My characters exist …

Til Death Did Us Part, The Story Of The Health And Death Of Franklin Delano Roosevelt, Mary E. Edgecomb

Graduate Theses

The awe of celebrity, including presidents, creates the impression of beings who are larger than life, without the problems of the common man. Franklin D. Roosevelt, unbeknownst to many Americans, had significant health issues. These health issues predate his paralytic illness and worsened during his presidency. Efforts to maintain his image as the unconquerable president of the United Sates led to concealment of these problems and, in turn, negatively impacted his medical care. While most previous studies focused on individual health issues, this research will show a continuum of medical problems that not only impacted his presidency but also were …

Creolisation In Music Traditions: South Connemara, The Scottish Western Isles And Francophone Louisiana, Brian Ó Huiginn

Doctoral

Why do people mix musics? What causes them to break down the boundaries between music genres and produce new genres that are a mix of others, and what does a melody migrating between cultures have to do to conform to a new music culture? Researchers such as Bruno Nettl, John Blacking, George List and Mark Slobin have over the past eighty years or more, attempted to look at the issue of music mixing under the headings of diffusion, acculturation and globalisation. This thesis seeks to further the understanding of this phenomenon, by examining three cases of cultures that are known …

Enhancing Identity Development At Senior Service Colleges, Thomas P. Galvin Dr.

Books, Monographs & Collaborative Studies

Identity development is touted as an important leader development need, but it often gets short shrift in professional military education (PME) environments, including the Senior Service Colleges (SSC). The inculcation of professional values, resiliency, and critical and reflective thought are essential to properly operationalizing the skills and knowledge learned in an SSC, but they are highly subjective, difficult to measure, and therefore difficult to develop educational activities around. New policies for officer and civilian professional education include provisions for developing leaders, such as the recent inclusion of six Desired Leader Attributes (DLAs) in the Joint officer PME continuum, but it …

Differences In Students' Satisfaction Of The Economics And Personal Finance Virtual High School Course Between Students Attending Economically Disadvantaged And Non-Economically Disadvantaged Schools In Virginia, Lhe Smith

Doctoral Dissertations and Projects

Virtual learning is a mandated high school graduation requirement for students entering high school during the 2013 school year in the state of Virginia. The purpose of this quantitative, causal-comparative study was to analyze the differences of perceived overall satisfaction of high school students enrolled in a virtual course in different socioeconomic status schools, as measured by the e-Learning Student Satisfaction (ELS) instrument. The study participants were high school students enrolled in an Economics and Personal Finance virtual/online high school course in Virginia, n = 249. The study utilized a one-way multivariate analysis of variance (MANOVA) to determine if there …

The Study On The Problems Of The Current Korean Churches, Hai Lee

Doctoral Dissertations and Projects

Christianity in South Korean experienced unusually rapid growth for almost 100 years: The revival of church members, the growth of prayer, worship, and evangelism. However, current Korean churches face many problems that have stopped the growth, and actually put the Korean church in a decline. The problems, but are not limited to, are unethical aspects of pastor; including tax problem, huge church constructions, and loving materials. Korean churches should know why these kinds of problems occur and what the solutions are. There are many studies regarding the development of Korean churches but there are few studies examining the problems of …

Mid-Level Procurement Manager Leader Development: A Collective Case Study, Douglas Veatch

Doctoral Dissertations and Projects

The development of high-performing employees with the potential to assume leadership roles remains a vital exercise for organizations. Public and private sector organizations of all sizes have implemented programs focused on developing the next generation of leaders. The researcher explored the issue of how a national service industry organization is experiencing varied levels of success of leader development in the case of geographically dispersed mid-level procurement managers in the trucking logistics group. Guided by elements of successful leader development programs, the purpose of this collective qualitative case study was to discover the common issues and factors that lead to success …

Genetic Variants In Kcnj11, Tcf7l2 And Hnf4a Are Associated With Type 2 Diabetes, Bmi And Dyslipidemia In Families Of Northeastern Mexico: A Pilot Study, Hugo Leonid Gallardo-Blanco, Jesus Zacarias Villarreal-Perez, Ricardo Martin Cerda-Flores, Andres Figueroa

Computer Science Faculty Publications

The aim of the present study was to investigate whether genetic markers considered risk factors for metabolic syndromes, including dyslipidemia, obesity and type 2 diabetes mellitus (T2DM), can be applied to a Northeastern Mexican population. A total of 37 families were analyzed for 63 single nucleotide polymorphisms (SNPs), and the age, body mass index (BMI), glucose tolerance values and blood lipid levels, including those of cholesterol, low‑density lipoprotein (LDL), very LDL (VLDL), high‑density lipoprotein (HDL) and triglycerides were evaluated. Three genetic markers previously associated with metabolic syndromes were identified in the sample population, including KCNJ11, TCF7L2 and HNF4A. The KCNJ11 …

Lower Prairie Creek Project Redwood National Park "Forest Owners", Susie Van Kirk

Susie Van Kirk Papers

"This file addresses forest ownerships, using deeds, patents, and maps in the Humboldt County Recorder’s Office, Eureka Courthouse. Pretty boring to wade through, these records, nonetheless, document how the public domain of northwestern California—the ancient redwood forests—came to be concentrated in the hands of timber companies. ... Land in the Lower Prairie Creek Project area (plus much, much other forest lands) was obtained through fraudulent patents and deed transactions involving David Evans and his associates for transfer to Scottish investors and eventually to “legitimate” timber companies. The end result, of course, is that what once belonged to indigenous people and …

Is Applied Behavioral Analysis Education, Medicine, Or Both?: A Study Of The Funding Challenges That Accompany An Autism Diagnosis, Yaakov Pollak

Seton Hall Law Review

No abstract provided.

Catholic Social Teaching, The Right To Immigrate, And The Right To Regulate Borders: A Proposed Solution For Comprehensive Immigration Reform Based Upon Catholic Social Principles, Chad G. Marzen, William Woodyard Ii

San Diego Law Review

A number of scholars have commented on the significance of religious traditions to the debate concerning immigration policy in the United States.[1] In this Article, we contend that the Catholic legal tradition is relevant to the contemporary debate among policymakers, as it balances policy considerationsof the right to immigrate as well as the right of a nation to regulate its borders advocated on both ends of the policy debate. Section I of this Article discusses the current policy debate concerning comprehensive immigration reform and recent major legislative proposals for comprehensive immigration reform, including the plan of the “Gang of Eight” …

When Everything Is Small: The Regulatory Challenge Of Scale In The Sharing Economy, Kellen Zale

San Diego Law Review

The sharing economy—the rapidly evolving sector of peer-to-peer home- sharing and ride-hailing transactions facilitated by platforms like Airbnb and Uber—offers the potential for economic growth, greater sustainability, and expanded access for underserved groups. But the massive number of small-scale activities that these platforms facilitate also causes negative cumulative impacts and exposes regulatory fractures, from the loss of long-term rental housing to discrimination against protected classes to increased burdens on public infrastructure. This Article contends that scale is a defining feature and fundamental challenge of the sharing economy. Small may be beautiful, but when everything is small, the regulatory challenge is …