Catalog: Digital Commons at Pace - New Repository Articles
Incubator-induced business clusters are a new tool for governments wishing to economically revitalize geographic areas. However, this case study argues that the successful formation of a cluster through the use of a business incubator requires the presence of three important “cluster factors”: 1) resource dependence and integration of the four key players of a cluster 2) human capital aspects and 3) external intervention mechanisms aimed toward the creation of a cluster. The historical founding of Hollywood will be examined for these factors as well as the DUMBO incubator located in NYC. This case study will examine whether the situation in DUMBO will lend itself toward the successful formation of a technology cluster in that area.
Koontz v. St. Johns River Water Management District: Can Environmental Impact Analysis Preserve Sustainable Development from the New Reach of the Supreme Court's Exactions Jurisprudence?
The United States Supreme Court has raised the legal standard for a municipality to use land use exactions for sustainable development. Land use exactions frequent local government affairs and occur when a government demands a dedication of land or money in exchange for a municipal approval, such as a permit. Koontz v. St. Johns River Water Management District found certain proposed government exactions for land use permits as “demands” on the applicant and required a “‘nexus' and ‘rough proportionality’ between the property that the government demands and the social costs of the applicant's proposal,” regardless of whether the exaction was a condition precedent or a condition subsequent. Even without incurring a “takings” for purposes of the Fifth and Fourteenth Amendments to the United States Constitution, if government-imposed exactions are found to be “[e]xtortionate demand[s],” this would still “run afoul of the Takings Clause not because they take property but because they impermissibly burden the right not to have property taken without just compensation.” Thus, if there is no “essential nexus” and “rough proportionality,” the exaction is an actionable “unconstitutional condition.” After Koontz, this standard now applies even if an applicant has only been asked to make payments to improve public land. However, this comment argues that municipalities can use environmental impact review to shield themselves from the threat of uncertain, broad, and costly litigation during negotiations with developers.
Part II of this paper discusses the import of municipal exactions to environmental stewardship and sustainable development. Part III provides an overview of the Unconstitutional Conditions Doctrine, which played a decisive role in the Koontz case. Part IV centers around the majority and dissenting opinions in Koontz, as well as the issues settled, and those now raised, by the Court's ruling. Part V analyzes the New York State Environmental Quality Review Act (SEQRA) and focuses on its procedural and substantive requirements. Comparative treatment is also given to the environmental review statutes in the States of California and Washington. Part VI concentrates on case illustrations that reveal how these statutes satisfy the Unconstitutional Conditions Doctrine, as extended by Koontz. This Part focuses chiefly on SEQRA, but also explores possible outcomes under its analogous state counterparts. Part VII concludes with potential ramifications for local environmental law and sustainable development.
It is a great honor and pleasure to deliver the Garrison lecture at the Pace University Law School, especially on an evening during which we have paid fitting tribute to the lives of two giants of environmental law and policy, Joe Sax, and David Sive. I chose the topic of ecosystem services for this auspicious occasion for three reasons and to answer three questions.
First, the path of ecosystem services as a theme in environmental law and policy spans my practice (1982-1994) and academic (1994-present) careers. The importance of nature to human well-being seems so obvious one would think it has been front and center in environmental law and policy since the beginning, but, until recently, that has not been the case. Lately, however, the ecosystem services framework has catapulted this theme into prominence, if not dominance, in environmental discourse.1 So my first question is, what accounts for the meteoric rise of the ecosystem services framework?
Second, the assent of the ecosystem services framework provides an example of how a growing network of researchers, academics, practitioners, and policy-makers can push an idea from the sidelines into the mainstream. The second question, thus, is, how did this network succeed in advancing ecosystem services from science to policy?
The last reason I chose ecosystem services is that the concept exemplifies the position I have staked out as a member of the radical middle. The radical middle isn't just about compromising between the left and the right -- or however you want to describe the “sides” in environmental policy -- it's about challenging their views and coming up with alternatives that work better. Ecosystem services does that, which is likely why, as I will discuss, it has begun to receive some pushback. So the third question is, what is the nature of that pushback, and is it justified?
In April of 2013, Democratic Senator Chris Coons of Delaware introduced legislation that seeks to level the playing field between renewable and non-renewable energy companies. Titled the “Master Limited Partnerships Parity Act” (MLPPA), the legislation would amend the federal tax code to allow renewable energy companies to form master limited partnerships and thereby gain valuable financing and tax advantages. This legislation would clear the way for the formation of master limited partnerships investing in renewable energy, which would have significant impact on clean energy production in the United States. This article discusses the Master Limited Partnerships Parity Act and explores the advantages and disadvantages of master limited partnerships as a business organization for renewable energy companies and ultimately argues for the passing of this valuable legislation.
The article is divided into six sections. Part I defines master limited partnerships and examines their corporate structure and how they operate as compared to other types of business organizations. Part II delineates the history and evolution of master limited partnerships over the last thirty years. Part III describes the Master Limited Partnerships Parity Act, including its history, purpose and aims. Part IV then details the arguments in support of the Master Limited Partnerships Parity Act, while Part V gives the arguments in opposition to the Act. The article then concludes in Part VI with the author's recommendations and conclusions that the Master Limited Partnerships Parity Act is a step in the right direction for the development of the clean energy sector and environmental protection in the United States.
Reexamining What We Stand to Lose: A Look at Reinitiated Consultation Under the Endangered Species Act
This article first examines the role reinitiated consultation plays within Congress's statutory framework and concludes that in many ways, reinitiated consultation is the glue that holds the Endangered Species Act's protective scheme together. While the ESA generally prohibits any injury to an endangered species, Congress has authorized the Service to permit such injuries under certain circumstances. But these authorizations must be accompanied by a limit that will trigger reinitiated consultation if exceeded. Thus, without reinitiated consultation, these preauthorized injuries or “takes” would prove gaping leaks in Congress's “Ark,” leaving little or no safety for endangered species. Moreover, reinitiated consultation has significant real world consequences for federal agencies and private parties. Failure to reinitiate consultation when legally required can subject the agency and its employees, as well as private parties, to civil and even criminal liability.
Next, this article explores the legal basis for reinitiated consultation. Despite its central role, Congress never provided for reinitiated consultation within the Act itself. While the Service has acknowledged this silence, the courts generally do not raise this question of statutory authority. In light of the ambiguities within the ESA and Congress's clear direction in the legislative history of the Act that it intended for agencies to reinitiate consultation, this article concludes that the practice is legally supportable.
Finally, given the significance of reinitiated consultation, and the likelihood that it is here to stay, this article then explores how courts have reviewed suits concerning reinitiated consultation. This discussion highlights potential challenges and best practices for federal agencies and permittees. This article concludes that, with few exceptions, courts have taken a surprisingly deferential approach to reviewing agency decisions to reinitiate, or more commonly not reinitiate, consultation. For example, courts have allowed agencies to expand a project's scope, duration, or impact on listed species or to recalculate how to measure the impacts altogether without requiring reinitiated consultation. Nonetheless, courts have taken a much stricter approach when considering the triggers for reinitiated consultation and have frequently insisted that those triggers be as meaningful and as exact as possible.
However, before discussing reinitiated consultation in detail, this article provides some additional background on the ESA in general and reinitiated consultation in particular. To understand the purpose and effect of reinitiated consultation, one must first understand several key ESA provisions - namely, the ESA's listing, liability, and consultation provisions.
Regulation of Chemical Risks: Lessons for Reform of the Toxic Substances Control Act from Canada and the European Union
The purpose of this Article is to compare the regulatory systems in Canada and the EU, and use comparative insights to draw some lessons that may be of interest to U.S. policy makers engaged in TSCA reform. CEPA and REACH are seen by stakeholders as state of the art in chemicals assessment and management, and thus the U.S. may draw useful insights from them. Indeed, the European Union and Canada have each been urging other countries to join in a globalization of the REACH or Canadian programs, respectively. Regardless of what TSCA reformers choose to learn from the Canadian and European experiences, a secondary objective of the Article is to provide comparative information that may be of interest to reformers in Canada, Europe, or other countries and regions where chemical risk management is under consideration for reform. Thus, the Article's long-term value extends beyond the current U.S. debate over TSCA reform.
The Article is organized in three Parts. In Part I, we describe the scope of our analysis, our research methods, and our analytical approach. In Parts II and III, we compare CEPA and REACH across two significant dimensions: (1) prioritization of existing chemicals for assessment and regulation; and (2) placement of the burdens to produce data and demonstrate safety of specific chemical uses. We conclude by summarizing the possible lessons for TSCA reform and highlighting some future research needs.
As used in this paper, “atmospheric integrity” refers to the interrelated physical, chemical, and biological processes on planet Earth that enable human and non-human life now and in the future and recognizes that modern civilization has developed within the relatively stable, current geologic period known as the Holocene. I chose to focus on atmospheric integrity, rather than more broadly on environmental integrity, because the health of terrestrial and aquatic habitats is inextricably tied to atmospheric stability. This assertion is not meant to minimize the multitude of harms impacting land and water. It is just that the magnitude of the climate crisis overwhelms all other environmental threats and will have obvious, detrimental impacts on humanity. Also, the determination of what constitutes a decent environment is a value judgment over which reasonable people will differ. Conversely, focusing on a goal that can be measured with scientific accuracy will enable courts and policy makers to confidently measure progress toward (or away from) the goal.
In this paper I explore the establishment of a federal constitutional right to atmospheric integrity. I begin, in Part II, with a review of the threat presented by global climate change. In Part III, I discuss various conceptions of rights: constitutional, basic, natural, and human. I then review modes of constitutional analysis and presently-recognized state and national constitutional environmental rights in Part IV. In Part V, I review Robinson Township v. Commonwealth of Pennsylvania in which the Pennsylvania Supreme Court, for the first time, provided substantive interpretation of the environmental rights contained in the Commonwealth's constitution. Finally, in Part VI, I conclude that the Supreme Court may recognize a constitutional right to atmospheric integrity based on historical, doctrinal, prudential, ethical, and structural analysis.
The Tyranny of Plastics: How Society of Plastics, Inc. v. County of Suffolk Prevents New Yorkers from Protecting Their Environment and How They Could Be Liberated from Its Unreasonable Standing Requirements
Ever since the Court of Appeals of New York issued its holding in the landmark case Society of Plastics Industry, Inc. v. County of Suffolk, citizen oversight of government-approved and government projects with environmental implications has suffered curtailment inconsistent with the objectives of the State Environmental Quality Review Act (SEQRA). At the center of the conflict between SEQRA and citizen enforcement are the restrictive standing requirements formulated by Society of Plastics, which include the demand that a petitioner demonstrate harm distinct from injury to the general public. Not only does such a prerequisite for consideration of a case's merits ignore the interrelatedness of local environmental conditions with larger regional trends, but also insulates from judicial review widespread environmental damages that injure the public.
Beyond New York, numerous other states have developed standing doctrines that more capably match the purposes of their environmental protection acts and address the ecological complexities of environmental harms yet also prevent frivolous complaints from disrupting judicial efficiency. New York State, through the example set by other jurisdictions and through recognizing the unreasonable outcomes of post-Society of Plastics cases is well situated to reform its environmental standing doctrine through judicial action or legislation. This article will first outline the current status of citizen standing to enforce SEQRA in Part II; then III) highlight the manner in which New York's standing doctrine has diverged from SEQRA's goals; IV) examine more effective environmental standing doctrines in other states; V) suggest precedent New York courts could utilize to correct New York's defective standing requirements; and, finally, VI) offer a legislative solution to the deficiency of the standing requirements engendered by Society of Plastics
Attachment to the Therapist and Psychotherapy Outcome in Symptoms of Anxiety, Depression and Borderline Personality Disorder
Abstract not available.^
School psychologists are trained and expected to assume a wide variety of roles when functioning within the school system. From traditional roles involving assessment, intervention, and consultation practices, to more emerging roles utilizing data-driven approaches, school psychologists are equipped to work with students with a diversity of difficulties, such as those with attention-deficit/hyperactivity disorder (ADHD).^ While previous research has identified the variety and frequency of practices school psychologists engage in when interacting with ADHD students, the present study attempted to take a new approach in organizing this information to better understand role identities and their external correlates. In order to examine school psychologists' identified roles, members from the New York Association of School Psychologists (NYASP) completed a survey assessing their beliefs about school psychologists' involvement in working with children with ADHD. ^ Utilizing a latent class analysis (LCA), results indicated that three distinct role identities emerged from the survey data: 1) primary assessment role, 2) broad practice role, and 3) standard role. To better understand the characteristics of these roles, emergent classes were then compared on the basis of reported demographic, employment setting, job satisfaction, and practice discrepancy information. Limitations of the present study, directions for future research, and implications for the field of school-clinical child psychology were discussed.^
Even with the increasing popularity of online dating, stigmas surrounding this form of internet connection persist. Since society is inundated with images of deception in online dating, those who have never experienced online dating may believe that mass media accurately represents this type of communication. This study’s main research question asks if perceptions about online dating differ between users and non-users; furthermore, these differences will be taken into account when regarding the prominence of mass media in shaping these impressions.
Currently, digital communication is a societal norm; more and more of our lives are documented and facilitated by the internet. Through understanding the differences between online daters and non-online daters, the reach of modern mass media can be better measured and combatted. Through survey questioning and follow-up interviews, Pace University undergraduate students were asked to reflect on their online dating experiences, or lack thereof, and its position in relation to popular mass media, social networking, and individual personality factors. Research designs such as this provide communication studies with the proper balance of quantitative data and qualitative responses to paint a more accurate depiction of society's sentiments.
While this research provides a glimpse of American youth's opinions about online dating, enough data has been gathered to indicate that mass media plays a strong role in shaping perceptions for non-online daters. While those that do online date are less influenced, the role of popular media along with social media necessitates more analysis to contest stigmas surrounding internet communication, especially online dating. Future research can use this study as a tipping point to discover if anxiety from mass media influences not just online dating, but perceptions of other online communication. Since computer mediated communication plays an increasing role in the lives of society today, the relevancy of such studies can prove invaluable to mass media content creators and consumers alike.
Defining an Enhanced Feature Subset to Assess the True Biometric Performance of Speaker Verification Systems
The speaker verification system industry requires increased standardization in testing processes and evaluation methodology, specifically those that select the best combination of feature vectors (or enhanced feature subset) to use as input for analysis in these systems. There are numerous methods currently used to “benchmark” these offerings, which translates to a marketplace of solutions that cannot be compared against each other on equal terms. Organizations like NIST have also failed to standardize these evaluation methodologies, which is necessary to create an environment that fosters reliable performance metrics. These inconsistencies indicate that the current research is flawed and unreliable. This dissertation will demonstrate a reusable methodology to identify the best subset of feature information to isolate in the measurement of the actual biometric performance of a speaker verification system with the expressed intent of standardizing the manner that testing is conducted. ^
Psychological research highlights the importance of the dissociative process to the post-traumatic reactions and associated sequelae. This study explores and describes the manifestations of the dissociative process through clinical presentations and analyses of the character development of literary heroes. Specifically, this study explores three phases of the dissociative process: peritraumatic dissociation or the alterations of consciousness occurring during traumatic experience, structural dissociation of the personality subsequent to traumatic exposure, and the maintenance of such forms of dissociation. This study provides a theoretical framework toward understanding trauma cases, informing case conceptualization and clinical practice. Although this study was limited by its qualitative and descriptive modality and by its focus on psychodynamic processes, this exploration can provide the basis for future empirical research in this area and more nuanced psychotherapeutic interventions. ^
Internalized Homonegativity and Relationship Quality in Same-Sex Romantic Couples: A Test of Mental Health Mechanisms and Gender as a Moderator
Prior research has consistently found greater internalized homonegativity to be associated with lower relationship quality for individuals in same-sex relationships. Yet, few studies have examined different dimensions of relationship quality, what mechanisms explain the association between internalized homonegativity and relationship quality, or whether the association varies for women versus men. This study sought to build upon past research to better understand the associations between internalized homonegativity and specific aspects of relationship quality in lesbian, gay, and bisexual (LGB) individuals in same-sex relationships, while considering the potential mediating roles of symptoms of anxiety and depression, as well as the potential moderating role of gender. Using data from an online survey, I conducted analyses with a sample of 97 men and 84 women who were living in the U.S., at least 18 years old, and in a same-sex relationship for at least 3 months. Regression analyses revealed that controlling for length of relationship, self and partner concealment of sexual orientation, age, gender, and partner sexual identity, internalized homonegativity was associated with greater symptoms of depression and anxiety, but not directly with dimensions of relationship quality. However, bootstrap mediation analyses revealed an indirect association of internalized homonegativity with lower relationship satisfaction through greater depressive symptoms. Gender was also an important moderator. Gender moderated the associations of internalized homonegativity with both depressive and anxiety symptoms, with those associations being significant for men but not women. Further, the indirect association of internalized homonegativity with relationship satisfaction through depressive symptoms was significant for men only. Results suggest a number of viable directions for future research to continue to understand the role of internalized homonegativity in same-sex relationships, mechanisms involved, and differences by gender. A better understanding of these dynamics can inform clinical practice and ultimately lead to improved individual and relational functioning in LGB individuals.^
Cognitive efficiency is a construct that refers to one's ability to proficiently process novel information, allowing the individual to devote more cognitive resources to higher order processes, including reasoning and problem solving. The present study sought to explore the utility of the construct of cognitive inefficiency within a child psychiatric sample. The study examined the discrepancies between individuals' GAI, which represents their reasoning abilities, and CPI, a measure of their proficiency in processing cognitive information, on the WISC-IV and differences in individuals' performance across the CAS simultaneous and successive (labeled Processing) scales and the attention and planning scales (labeled Efficiency) which focus more specifically on cognitive efficiency. In addition, the relationship between cognitive efficiency and parent ratings of internalizing symptoms, externalizing symptoms, and symptoms of reality distortion was assessed using the Personality Inventory for Children - 2 (PIC-2) scales, in order to gain a better understanding of the utility of these measures within the psychiatric population. The sample was composed of 249 children (167 males, 82 females) between the ages of 6 and 12 (M = 10.05, SD = 1.91) who had been hospitalized on an inpatient psychiatric unit. A series of bivariate correlations were conducted to understand the relationship between WISC-IV and CAS factors and inefficiency scores, and parent ratings across the four symptom groups. In addition, regressions were carried out to determine the extent to which the GAI and CPI on the WISC, and Processing and Efficiency scores on the CAS predicted parent ratings of psychopathology.^ Results revealed that the overall efficiency scores of the WISC-IV and CAS shared 18% of the variance. This demonstrates that while the two measures are related and share some variability, overall, they are not entirely assessing the same construct. However, despite the relatively small shared variance, both measures seem to operate in the same way and demonstrate similar psychiatric correlates. With regard to the cognitive patterns associated with different psychiatric symptoms, the results varied across the symptom categories. The findings that examined the relationship between cognitive domains and parent ratings of depression demonstrated that there were no statistically significant relationships between WISC-IV and CAS factors or inefficiency scores and parent ratings of internalizing symptoms on the PIC-2. The analyses examining the relationship between cognitive variables and parent ratings of psychosis reveal that more general impairments in overall cognitive ability, rather than specific weaknesses in cognitive efficiency, predict higher parent ratings of symptoms of reality distortion. The results reveal that across the WISC-IV and CAS variables, children's reasoning abilities as assessed by the WISC-IV GAI, most strongly predict parent ratings of externalizing psychopathology. Limitations of the study and suggestions for future research are also discussed.^
With the ever-increasing need to reduce our carbon foot print, the necessity to innovate for a more sustainable future has become the responsibility of both individuals and corporations. Sustainable development, which is development that “meets our needs today, without compromising the ability meet the needs of future generations” was first brought to light at the Earth Summit in 1987 (Bärlund, n.d.). With the growing numbers of travelers world wide, the hospitality industry was aware that environmental changes and pollution could potentially paralyze their industry and they became among the first to adopt more sustainable practices in their hotels and restaurants. However, only some hospitality companies have decided to focus on promoting their active efforts to be more sustainable.
Therefore, by analyzing industry leaders’ and travelers’ attitudes toward sustainability development and sustainable promotion, this study identified the relationship between the hospitality businesses’ various stakeholders’ perception of sustainability and the significance of sustainable promotion. By incorporating sustainable practices in a corporation, stakeholders such as investors, owners, and employees will value the company higher. Similarly, the study shows how sustainable practices allow for the local community to be more accepting of the company operating in their community and guests view these efforts as a positive attribute, which will attract repeat business if the hospitality corporation is able to remain at a competitive price in the market.
This article argues that New York municipalities should integrate land banks into the tax enforcement process to break the unhealthy cycle perpetuated by real estate and lien speculators. By transferring all tax liens and foreclosed properties to local land banks, municipalities can generate an important funding source that will help cover land banks' operations while simultaneously maximizing land banks' ability to reinvest lien proceeds and equity into redeveloping or demolishing properties with little or no value. If New York municipalities use their Land Bank Act powers fully, local and regional land bank efforts can become a vital tools for planning and implementing community revitalization programs.
Over the past several years, Brazil’s federal government and the city and state governments of Rio de Janeiro have invested tens of billions of dollars to develop the transportation, stadium, tourist, communications and security infrastructure required to host the 2007 Pan American Games, 2014 World Cup, and 2016 Summer Olympics. As Brazil seeks to use these mega- sporting events to assert itself as a major economic player on the word stage, its strategy demonstrates how hosting mega-events serves to attract regional and global capital, and to reinforce unequal power structures at the expense of the public treasury, environmental quality and social equity.
Since the election of President George H. W. Bush, Republican presidential candidates have had difficulty winning popular elections. Republican candidates lost five of the next six popular elections to their Democratic opponents. This paper investigates why. It outlines the growing demographic shift in electoral politics which is detrimental for future Republican success. The growing dissonance between non-white, non-male voters and the Republican Party hinders the Party’s success when its message does not resonate with a majority of voters.
Utilizing realignment theory as first espoused by political scientist V. O. Key, this paper analyzes nine essential battleground states and the growing demographic shifts within them to show that Republican policies, as enumerated in The Growth and Opportunity Project, do not resonate to a larger audience. Using a 15% increase in Republican votes from the 2012 election as a baseline, this paper provides suggestions for Republican strategists to allocate funds to certain get-out-the-vote campaigns in certain states.
The results of this study confirm the hypothesis set forth. Latino voters are an essential demographic which can help win Florida with a “compassionate conservative” Republican candidate. African-American voters are much more difficult to court for the Republican Party; however, a sound strategy in two adjacent states with low socio-economic upward mobility – North Carolina and Virginia – can motivate African-Americans to the polls to help win those states. Independent voters can help win small swing states with relatively little ethnic diversity. Finally, single female voters will be crucial in states in which conservative governors have had success such as Ohio and North Carolina.
Who chooses my future?The Role of Personality and Acculturation in First and Later Generation Immigrant College Students’ Career Decision Making
Career choice is often reflected by a student’s choice of major. Personality, vocational interests, and cultural influences are also significant factors in the process of choosing a major. For Latino students, maintaining cultural norms is an important part of career choice, although the influence of cultural norms tends to decrease from first to later generations. The current study examined the influences of acculturation and personality (introversion/extraversion) among 57 Latino/Hispanics students: first-generation immigrant students, those who migrated to the US during childhood/adolescence, and later generation students. We hypothesized that later-generation students are more likely to major in business and social sciences, while first-generation students would be more likely to major in STEM. We found that 75% of first-generation students were business majors; while only 24.49% of later-generation students’ were business majors. Among both groups personality appears to be is more closely related to choice of major than acculturation.