Open Access. Powered by Scholars. Published by Universities.®

Education Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 30

Full-Text Articles in Education

Improving Taiwan’S Global Competitiveness: Toward A Safer, Internationally Friendlier Society, Chiehwen Ed Hsu Feb 2016

Improving Taiwan’S Global Competitiveness: Toward A Safer, Internationally Friendlier Society, Chiehwen Ed Hsu

Chiehwen Ed Hsu

Civility, more permissive laws for foreign employment and a more diverse educational environment will help Taiwan along the road to modernity.


Postwar Legal Scholarship On Judicial Decision Making, Jan Vetter Dec 2015

Postwar Legal Scholarship On Judicial Decision Making, Jan Vetter

Jan Vetter

No abstract provided.


Educational Choice And The Courts: U.S. And Germany, John Coons Dec 2015

Educational Choice And The Courts: U.S. And Germany, John Coons

John Coons

No abstract provided.


Students' Demand For Diverse Faculty Is A Demand For A Better Education, Tanya Washington Dec 2015

Students' Demand For Diverse Faculty Is A Demand For A Better Education, Tanya Washington

Tanya Monique Washington

No abstract provided.


Dean's Desk: Legal Clinics Cultivate Essential Lawyering Skills, Andrea Lyon Nov 2015

Dean's Desk: Legal Clinics Cultivate Essential Lawyering Skills, Andrea Lyon

Andrea D. Lyon

No abstract provided.


The Present King Of France Is Feeble-Minded: The Logic And History Of The Continuum Of Placements For People With Intellectual Disabilities, Philip Ferguson Jun 2015

The Present King Of France Is Feeble-Minded: The Logic And History Of The Continuum Of Placements For People With Intellectual Disabilities, Philip Ferguson

Philip M. Ferguson

This chapter focuses on the logic and history of the continuum of placements for people with intellectual disabilities.


Ieee Istas13- People As Sensors: The Social Implications Of Living In A Smart World, Alexander Hayes, Katina Michael, Nick Rheinberger Jun 2015

Ieee Istas13- People As Sensors: The Social Implications Of Living In A Smart World, Alexander Hayes, Katina Michael, Nick Rheinberger

Alexander Hayes Mr.

What is the technological trajectory of people wearing sensors? What are the benefits, risks and costs? What is the vibe going to be like at ISTAS13 with people like Marvin Minsky and Ray Kurzweil attending? What do you hope to gain from the meeting? Can we foresee a time that all glasses will be embedded with sensors? What are the implications? E.g. in the higher education sector? What about the gathering of evidence by law enforcement? What is point of eye?


The Ethical Slide, Train Tickets, And Helping The Next Generation Of Corporate Leaders To Choose Differently, J.S. Nelson Jan 2015

The Ethical Slide, Train Tickets, And Helping The Next Generation Of Corporate Leaders To Choose Differently, J.S. Nelson

J.S. Nelson

It has been a pleasure to guest-blog for the last two weeks here at the Glom. (Previous posts available here: onetwothreefourfivesixseveneight, and nine.) This final post will introduce the book that Lynn Stout and I propose writing to give better direction to business people in search of ethical outcomes and to support the teaching of ethics in business schools

Sometimes bad ethical behavior is simply the result of making obviously poor decisions. Consider the very human case of Jonathan Burrows, the former …


The Intracorporate Conspiracy Doctrine And D&O Litigation Incentives, J.S. Nelson Jan 2015

The Intracorporate Conspiracy Doctrine And D&O Litigation Incentives, J.S. Nelson

J.S. Nelson

My previous blogposts (onetwothreefourfivesixseven, and eight) discussed the dangers of granting intracorporate conspiracy immunity to agents who commit coordinated wrongdoing within an organization. The last two blogposts (here and here) highlighted the harm that public and judicial frustration with this immunity inflicts on alternative doctrines. 

In addition to exacerbating blind CEO turnover, substituting alternative doctrines for prosecuting intracorporate conspiracy affects an executive’s incentives under Director’s and Officer’s (D&O) liability insurance. This post builds on arguments that I have made about D&O …


The Intracorporate Conspiracy Doctrine And Ceo Turnover, J.S. Nelson Jan 2015

The Intracorporate Conspiracy Doctrine And Ceo Turnover, J.S. Nelson

J.S. Nelson

My previous blogposts (onetwothreefourfivesix, and seven) discussed why conspiracy prosecutions were the best method to penalize coordinated wrongdoing by agents within an organization. Using alternative doctrines to impose liability on behavior that would otherwise be recognized as an intracorporate conspiracy results in flawed incentives and disproportionate awards.

The fundamental problem with substituting responsible corporate officer doctrine and control person liability for reforming the intracorporate conspiracy doctrine is that these alternative doctrines represent exactly what Professor Martin objects to: actual imposition of blind “respondeat superior” liability. …


Frustration With The Intracorporate Conspiracy Doctrine Distorts Other Areas Of Law, J.S. Nelson Jan 2015

Frustration With The Intracorporate Conspiracy Doctrine Distorts Other Areas Of Law, J.S. Nelson

J.S. Nelson

My previous blogposts (onetwothreefourfive, and six) discussed why conspiracy prosecutions should be used to reach coordinated wrongdoing by agents within an organization. The intracorporate conspiracy doctrine has distorted agency law and inappropriately handicaps the ability of tort and criminal law to regulate the behavior of organizations and their agents. 

My Intracorporate Conspiracy Trap article argues that the intracorporate conspiracy doctrine is not properly based in agency law, and that it should most certainly not be applied throughout tort law and criminal law. As a result of the immunity granted …


The Silenced Connecticut Sex-Abuse Case, J.S. Nelson Jan 2015

The Silenced Connecticut Sex-Abuse Case, J.S. Nelson

J.S. Nelson

My previous blogposts (onetwothreefour, and five) introduced why conspiracy prosecutions should be used to reach wrongdoing by agents within an organization. The 2012 prosecution of Monsignor Lynn for twelve years of transferring predator priests from parish to parish at the command and for the benefit of the Archdiocese of Philadelphia was defeated by the intracorporate conspiracy doctrine. Moreover, this was not the first time that the Roman Catholic Church had used the doctrine to help its bureaucrats escape liability for suppressing sex abuse cases. 

In 1997, employees of the Roman …


How We Should Have Tried Monsignor Lynn, J.S. Nelson Jan 2015

How We Should Have Tried Monsignor Lynn, J.S. Nelson

J.S. Nelson

My previous blogposts (onetwothree, and four) introduced why conspiracy prosecutions should be used to reach wrongdoing by agents within a business organization. The same legal analysis applies to religious organizations

We should have been able to charge Monsignor Lynn and the Archdiocese of Philadelphia that directed his actions to hide the sexual abuse by priests with criminal conspiracy. Instead, Pennsylvania charged Lynn with two things: child endangerment and conspiracy with the priests

As international news outlets later reported, Lynn could not be guilty of child endangerment because the state’s statute could …


Sex Abuse, Priests, And Corporate Conspiracy, J.S. Nelson Jan 2015

Sex Abuse, Priests, And Corporate Conspiracy, J.S. Nelson

J.S. Nelson

My previous blogposts (onetwo, and three) introduced the topic of how the intracorporate conspiracy doctrine prevents the prosecution of coordinated wrongdoing by individuals within organizations. This post illustrates the doctrine’s effect in the context of a specific organization—here a religious one: the Roman Catholic Archdiocese of Philadelphia and the systematic transfer of predator priests. This post is based on my article The Intracorporate Conspiracy Trap to be published soon in the Cardozo Law Review. The article is available in draft form here

For twelve years, from 1992 to 2004, as Secretary for Clergy, …


Where Are The Prosecutions For Corporate Conspiracy?, J.S. Nelson Jan 2015

Where Are The Prosecutions For Corporate Conspiracy?, J.S. Nelson

J.S. Nelson

My first and second blogposts introduced why conspiracy prosecutions are particularly important for reaching the coordinated actions of individuals when the elements of wrong-doing may be delegated among members of the group. 

So where are the prosecutions for corporate conspiracy??? The Racketeer Influenced and Corrupt Organizations Act of 1970 (“RICO”, 18 U.S.C.A. §§ 1961 et seq.), no longer applies to most business organizations and their employees. In fact, business organizations working together with outside agents can form new protected “enterprises.” 

What’s going on here? In this area and many other parts of the law, we are witnessing the power …


Jpmorgan’S Witness And The Holes In Corporate Criminal Law, J.S. Nelson Jan 2015

Jpmorgan’S Witness And The Holes In Corporate Criminal Law, J.S. Nelson

J.S. Nelson

It is a pleasure to be guest-blogging here at The Glom for the next two weeks. My name is Josephine Nelson, and I am an advisor for the Center for Entrepreneurial Studies at Stanford’s business school. Coming from a business school, I focus on practical applications at the intersection of corporate law and criminal law. I am interested in how legal rules affect ethical decisions within business organizations. Many thanks to Dave Zaring, Gordon Smith, and the other members of The Glom for allowing me to share some work that I have been doing. For easy reading, …


Corporate Conspiracy Charges For The Financial Crisis, J.S. Nelson Jan 2015

Corporate Conspiracy Charges For The Financial Crisis, J.S. Nelson

J.S. Nelson

In my previous blogpost, I granted the merit of defense counsel’s argument that the actions of discrete individual defendants—when the law is not permitted to consider the coordination of those actions—may not satisfy the elements of a prosecutable crime.
But what is the coordination of individuals for a wrongful common purpose? That’s a conspiracy. And, for exactly the reasons that defense counsel articulates, these types of crimes cannot be reached by other forms of prosecution. The U.S. Supreme Court has recognized that conspiracy is its own animal. “[C]ollective criminal agreement—partnership in crime—presents a greater potential threat to the public than individual …


Why Law Teachers Should Teach Undergraduates, Kevin Clermont, Robert Hillman Dec 2014

Why Law Teachers Should Teach Undergraduates, Kevin Clermont, Robert Hillman

Kevin M. Clermont

For many years, members of the law school faculty at Cornell have taught an introduction to law course that is offered by the government department in the College of Arts and Sciences. The course has surveyed law in general, structured thematically around what law is and what law can and cannot do. Although its teachers have used law school pedagogic techniques in the undergraduate setting, they certainly have not intended the course to be a prelaw practice run. In short, the course--The Nature, Functions, and Limits of Law--is a general education course about law. Our experience leads us to believe …


Deconstructing ‘One Voice’ The Movie: Diversity, Justice, And The Media In Taiwan, Chiehwen Ed Hsu Aug 2014

Deconstructing ‘One Voice’ The Movie: Diversity, Justice, And The Media In Taiwan, Chiehwen Ed Hsu

Chiehwen Ed Hsu

A new documentary about the Sunflower Movement seeks to inspire citizen journalists to do their part.


Mirror As Prism, Kenneth Fox Dec 2013

Mirror As Prism, Kenneth Fox

Kenneth H Fox

As cooperative private international dispute resolution practices become increasingly common, it is tempting for conflict practitioners to assume that the human relations insights, skills, and practices that worked well for them at home will be equally effective (and appropriate) in an international, cross-cultural environment. Attending to the human dimension of conflict and interaction should be a central part of global negotiation and dispute resolution practice.

This Essay focuses on two dimensions of reflective and reflexive practice. It first discusses the nature of reflection-on-action and reflection-in-action from a modernist (“reflective”) and postmodern (“reflexive”) perspective. It then examines how engaging with practice …


More Dialogue Over Law School Cost And Curriculum, Mark Mckenna, Geoffrey Bennett Nov 2013

More Dialogue Over Law School Cost And Curriculum, Mark Mckenna, Geoffrey Bennett

Mark P. McKenna

Mark McKenna and Geoffrey Bennett were quoted in The Indiana Lawyer article More dialogue over law school cost and curriculum about Retired Indiana Supreme Court Chief Justice Randall Shepard’s Clynes Chair Lecture by Marilyn Odendahl. “So you’re trying to take students who have learned a subject matter and then put them in a practice environment where they have to make use of that. Both reinforce what they learned in the classroom, but then it also helps them understand the context that you can’t necessarily get from the pages of a book,” McKenna said. “If (states adequately funded their schools), that …


Living Among Guatemalan Mayans Is Fascinating Experience, Irene Scharf Nov 2013

Living Among Guatemalan Mayans Is Fascinating Experience, Irene Scharf

Irene Scharf

I have just lived a dream. Five years ago I learned of a school where students of all ages could study Spanish intensively while living among the Guatemalan Mayans. Peace Accords had been signed in 1996, the government was encouraging tourism, and it was, finally, safe to visit.

Why a dream? Because, 25 years ago, when I traveled through Central and South America, I promised my family I would avoid Guatemala because of the perceived was dangers. During that trip, as I met my Europeans and other who had visited, remained safe, and found it a fascinating country, I vowed …


A House Divided: The Incompatible Positions Of The Centers For Disease Control And The Equal Employment Opportunity Commission On Obesity As A Disability, Kent Kauffman Aug 2012

A House Divided: The Incompatible Positions Of The Centers For Disease Control And The Equal Employment Opportunity Commission On Obesity As A Disability, Kent Kauffman

Kent D Kauffman

The question whether obesity was a covered disability under the Americans with Disabilities Act (ADA) was inconsistently answered by the federal courts. But the passage of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) revised the federal government's position on obesity as a disability, and the Equal Employment Opportunity Commission has, as a result, taken a more assertive role in this area of disability discrimination. The difficulty with the EEOC's position is that is disregards the reality that obesity presents in the workplace, one of ever-burgeoning and unsustainable costs. It is also a stance that is antipathetic to …


2011 Scholars And Artists Bibliography, Mark Tebeau Mar 2012

2011 Scholars And Artists Bibliography, Mark Tebeau

Mark Tebeau

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Mark Tebeau was the guest speaker


An Inside Look At How Indiana Educrats Expand A Federal Law, Jeff Abbott Sep 2011

An Inside Look At How Indiana Educrats Expand A Federal Law, Jeff Abbott

Jeff Abbott

A discussion on how Indiana lawmakers and state department officials have expanded the rights of special education students and parents.


Back To The Future In Law Schools, William Reynolds Feb 2011

Back To The Future In Law Schools, William Reynolds

William L. Reynolds

This paper first argues for the maintenance of the traditional first-year curriculum. It does so in the context of an examination of what most lawyers do in practice and, therefore, what most lawyers should know. This portion includes a defense of the Socratic Method. The paper then addresses contemporary concerns about legal education, including the devaluation of courses in the private law curriculum, and considers why legal academics are not interested in private law.


Evaluating Life: Working With Ethical Dilemmas In Education For Sustainable Development, Moa De Lucia Dahlbeck, Johan Dahlbeck Dec 2010

Evaluating Life: Working With Ethical Dilemmas In Education For Sustainable Development, Moa De Lucia Dahlbeck, Johan Dahlbeck

Moa Dahlbeck

Codifications of human rights are widely understood as politically established instruments for evaluating human life. The call for such an apparatus emerges as a response to the age-old problem of social organization, constituting – in extension – a means by which to cope with the overall problem of survival. However, evaluating life is inherently problematic. It is problematic as it presupposes an already existing framework by which to judge all instances of life. In a way then, the impartial evaluation of life seems impossible from a human point of view. Nevertheless, as the problem of survival is one of continuous …


Trade Usage And Disclaiming Consequential Damages: The Implications For Just-In-Time Purchasing, Robert Bennett Dec 2008

Trade Usage And Disclaiming Consequential Damages: The Implications For Just-In-Time Purchasing, Robert Bennett

Robert B. Bennett

This article reports on trade, business, and industries in Japan in 2009. The article discusses industrial changes and growth in Japan, noting aspects of manufacturing such as marketing, purchasing, accounting, and human resources management. The article also describes the production management technique Just-In-Time (JIT) which emphasizes demand, limited production runs, quick setup, quality control, and reduced inventory and waste. Information is also provided on supply contracts, damages, lawsuits, and appeals.
Note: Link is to the article in a subscription database available to users affiliated with Butler University. Appropriate login information will be required for access. Users not affiliated with Butler …


The Case For Collaborative Tools: Long Distance Teamwork On A Shoestring Budget, Jessica De Perio Wittman, Lucie Olejnikova Nov 2008

The Case For Collaborative Tools: Long Distance Teamwork On A Shoestring Budget, Jessica De Perio Wittman, Lucie Olejnikova

Jessica de Perio Wittman

An article written on how to create podcasts using readily-available technology, and how to use these podcasts in legal education.


Disclosing Tilt: Law, Belief And Criticism, David Caudill Jul 1989

Disclosing Tilt: Law, Belief And Criticism, David Caudill

David S Caudill

No abstract provided.