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Full-Text Articles in Law

Behind The Numbers: Conditions Of Schooling In Boston (1981), Marcy Murninghan Mar 2018

Behind The Numbers: Conditions Of Schooling In Boston (1981), Marcy Murninghan

New England Journal of Public Policy

This article includes portions of a report on the structure, governance, operations, and effectiveness of the Boston School Committee that was commissioned by the Boston Municipal Research Bureau in 1980. The passages provide an overview of the mandate, background, and recommendations, examining how a set of prominent professionals and citizens viewed the problem facing school department governance, including its isolation and the longstanding credibility gap fueled by patronage politics. It also looks at continued tensions between “equality” and “quality,” which occupied the heart of court-ordered desegregation; rising demands on a system that lacked the capacity to serve a broad array ...


Getting Power Back: Court Restoration Of Executive Authority In Boston City Government (1985), Marcy Murninghan Mar 2018

Getting Power Back: Court Restoration Of Executive Authority In Boston City Government (1985), Marcy Murninghan

New England Journal of Public Policy

This article, originally published in 1985, is based partly on the author’s experience with the Boston school desegregation case, but goes beyond it. It chronicles some of the events that occurred when a state and a federal court attempted to disengage from active jurisdiction over two Boston public systems: the Boston Public Schools and the Boston Housing Authority. It makes three proposals, which, if enacted, would help to keep the courts out of day-to-day management of municipal operations. It also makes some generalizations about the court-agency interplay that are relevant to the post-remedial phase of institutional reform litigation. The ...


Back Matter, Adfsl Feb 2018

Back Matter, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Front Matter, Adfsl Feb 2018

Front Matter, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Contents, Adfsl Feb 2018

Contents, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Review, Doom Towns: The People And Landscapes Of Atomic Testing, A Graphic History, Susan Maret Feb 2018

Review, Doom Towns: The People And Landscapes Of Atomic Testing, A Graphic History, Susan Maret

Secrecy and Society

No abstract provided.


Review, The New Era Of Secret Law, Patrice Mcdermott Feb 2018

Review, The New Era Of Secret Law, Patrice Mcdermott

Secrecy and Society

In a recent Brennan Center report, The New Era of Secret Law, Elizabeth (Liza) Goitein articulates, examines, and evaluates the claims for and objections to secret law. Under this banner, the report includes any law that is withheld from the public, regardless of whether it may be shared among agencies or with certain members or committees of Congress.” Goitein’s underlying goal is to propose procedural and substantive reforms. Secret Law is a deeply-researched and highly valuable policy brief with an aim of making specific policy recommendations. And readable to boot.


Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff Feb 2018

Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff

Faculty Scholarship

After more than three decades during which it gave the issue scant attention, the Supreme Court has again made the American Pipe doctrine an active part of its docket. American Pipe addresses the tolling of statutes of limitations in federal class action litigation. When plaintiffs file a putative class action in federal court and class certification is denied, absent members of the putative class may wish to pursue their claims in some kind of further proceeding. If the statute of limitations would otherwise have expired while the class certification issue was being resolved, these claimants may need the benefit of ...


How Does Dsd Help Us Teach About Community Conflict (And How Can Community Conflict Help Illustrate Dsd)?, Andrea Kupfer Schneider Jan 2018

How Does Dsd Help Us Teach About Community Conflict (And How Can Community Conflict Help Illustrate Dsd)?, Andrea Kupfer Schneider

University of St. Thomas Law Journal

No abstract provided.


Designing Systems For Achieving Justice After A Peace Agreement: Northern Ireland's Struggle With The Past, Jacqueline Nolan-Haley Jan 2018

Designing Systems For Achieving Justice After A Peace Agreement: Northern Ireland's Struggle With The Past, Jacqueline Nolan-Haley

University of St. Thomas Law Journal

No abstract provided.


Dual Residents: A Sur-Reply To Zelinsky, Michael S. Knoll, Ruth Mason Jan 2018

Dual Residents: A Sur-Reply To Zelinsky, Michael S. Knoll, Ruth Mason

Faculty Scholarship

In this article, we respond to Professor Zelinsky’s criticism of our arguments regarding the constitutionality of New York’s tax residence rule. We argue that the Supreme Court’s decision in Wynne requires reconsideration of the New York Court of Appeal’s decision in Tamagni.


Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program Jan 2018

Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program

Texas A&M Law Review

At a time when the U.S. refugee admissions program is under serious threat and the world’s displaced population is at its highest, this Report sets forth extensive recommendations regarding the United States’ role in protecting vulnerable refugees and compliance with its commitments under domestic and international law that together safeguard people fleeing persecution and fearing return to torture. The Report also identifies key national security reasons for supporting and enhancing the refugee program in keeping with U.S. foreign policy priorities. Additionally, the Report provides an in-depth discussion of the robust, multistep security-assessment mechanisms already in place for ...


Narratives Of Deservingness And The Institutional Youth Of Immigrant Workers, Shannon Gleeson Jan 2018

Narratives Of Deservingness And The Institutional Youth Of Immigrant Workers, Shannon Gleeson

Shannon Gleeson

This article speaks to the special issue’s goal of disrupting the deserving/undeserving immigrant narrative by critically examining eligibility criteria available under two arenas of relief for undocumented immigrants: 1) the 2012 Deferred Action for Childhood Arrivals (DACA) program, which provides temporary deportation relief and work authorization for young adults who meet an educational requirement and other criteria, and 2) current and proposed pathways to legal status for those unauthorized immigrants who come forward to denounce workplace injustice, among other crimes. For each of these categories of “deserving migrants,” I illuminate the exclusionary nature each of these requirements, which ...


Prophylactic Merger Policy, Herbert J. Hovenkamp Jan 2018

Prophylactic Merger Policy, Herbert J. Hovenkamp

Faculty Scholarship

An important purpose of the antitrust merger law is to arrest certain anticompetitive practices or outcomes in their “incipiency.” Many Clayton Act decisions involving both mergers and other practices had recognized the idea as early as the 1920s. In Brown Shoe the Supreme Court doubled down on the idea, attributing to Congress a concern about a “rising tide of economic concentration” that must be halted “at its outset and before it gathered momentum.” The Supreme Court did not explain why an incipiency test was needed to address this particular problem. Once structural thresholds for identifying problematic mergers are identified there ...


Communities In Peril: The Dispersion Of Temporary Protected Status Populations Throughout Massachusetts, Phillip Granberry, Trevor Mattos, Lorna Rivera Jan 2018

Communities In Peril: The Dispersion Of Temporary Protected Status Populations Throughout Massachusetts, Phillip Granberry, Trevor Mattos, Lorna Rivera

Gastón Institute Publications

Massachusetts is estimated to have over 12,000 residents with Temporary Protected Status (TPS). TPS is a non-immigrant status granted when a country's nationals in the United States cannot return safely or, in certain circumstances, when the country is unable to handle the return of its nationals adequately. This legal status was instituted as part of the 1990 Immigration Act, which was sponsored by Senator Edward M. Kennedy and signed into law by President George H. W. Bush. TPS beneficiaries are not removable from the United States, can obtain an employment authorization document (EAD), and may be granted travel ...


Does Cybersecurity Law And Emergency Management Provide A Framework For National Electric Grid Protection?, Matthew Ryan Ziska Jan 2018

Does Cybersecurity Law And Emergency Management Provide A Framework For National Electric Grid Protection?, Matthew Ryan Ziska

Walden Dissertations and Doctoral Studies

The U.S. government is responsible for protecting the country's energy and technology infrastructure. Critics argue the United States has failed to prepare, protect and respond to incidents involving the national electric grid leaving communities vulnerable to prolonged power outages. Protection of investor owned utilities' critical infrastructure is vulnerable to cyber and physical harm from the absence of criminalizing the intrusion of private sector computer networks, the lack of cybersecurity threats in emergency management, and the absence of cyber-intelligent leadership supports this argument. The purpose of this study was to introduce an electric grid protection theoretical concept, while identifying ...


Bright Lines: How Regulatory Asset Thresholds Change The Banking Industry, Allison Nicoletti, Michael Iselin, Hailey Ballew Jan 2018

Bright Lines: How Regulatory Asset Thresholds Change The Banking Industry, Allison Nicoletti, Michael Iselin, Hailey Ballew

Penn Wharton Public Policy Initiative

One of the key features of the Dodd-Frank Act is that it imposes specific and costly regulatory requirements on banks that cross the threshold of having more than $10 billion in total assets. Anecdotal accounts have suggested that this threshold has led to increased consolidation in the banking industry. This brief provides new statistical evidence of that phenomenon. Banks that approach the $10 billion threshold are significantly more likely to engage in an acquisition, pay more for that acquisition, and acquire bigger target banks than similar banking institutions did prior to Dodd-Frank. To the extent that policymakers are concerned with ...


Progressive Antitrust, Herbert J. Hovenkamp Jan 2018

Progressive Antitrust, Herbert J. Hovenkamp

Faculty Scholarship

Several American political candidates and administrations have both run and served under the “progressive” banner for more than a century, right through the 2016 election season. For the most part these have pursued interventionist antitrust policies, reflecting a belief that markets are fragile and in need of repair, that certain interest groups require greater protection, or in some cases that antitrust policy is an extended arm of regulation. This paper argues that most of this progressive antitrust policy was misconceived, including that reflected in the 2016 antitrust plank of the Democratic Party. The progressive state is best served by a ...


On The Disparate Treatment Of Business And Personal Salt Payments, Michael S. Knoll Jan 2018

On The Disparate Treatment Of Business And Personal Salt Payments, Michael S. Knoll

Faculty Scholarship

The Tax Cuts and Jobs Act, H.R. 1, would eliminate the federal income tax deduction for nonbusiness state and local taxes while maintaining the deduction for business state and local taxes. That disparate treatment has generated a storm of negative commentary. In this short essay, I consider whether the federal tax law should allow a deduction for business state and local taxes assuming that there is no deduction for nonbusiness state and local taxes. I argue that investors and businesses, including pass-through businesses, should be allowed to deduct state and local property and sales taxes, but not general income ...


Research To Practice: Lessons Learned From The Learning Academy: Optimizing Transition Supports For Young Adults With Autism, John Shepard, Jaimie Ciulla Timmons, Agnieszka Zalewska, Thinkwork! At The Institute For Community Inclusion At Umass Boston Jan 2018

Research To Practice: Lessons Learned From The Learning Academy: Optimizing Transition Supports For Young Adults With Autism, John Shepard, Jaimie Ciulla Timmons, Agnieszka Zalewska, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Research to Practice Series, Institute for Community Inclusion

The Learning Academy (TLA) at the University of South Florida is a 30-week transition program for individuals with autism spectrum disorder (ASD) between the ages of 18 and 25. The program provides services, supports, and experiential opportunities, with the aim of enhancing skills that will prepare students to succeed in the workplace and postsecondary education settings. The Institute for Community Inclusion (ICI) at the University for Massachusetts Boston conducted a one-year evaluation of TLA to explore its essential programmatic elements, and the ways in which the experience influenced student transformation. The evaluation included a thorough observation of program structure, curriculum ...


What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler Dec 2017

What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler

Faculty Scholarship

Major legislative actions during the early part of the 115th Congress have undermined the central argument for regulatory reform measures such as the REINS Act, a bill that would require congressional approval of all new major regulations. Proponents of the REINS Act argue that it would make the federal regulatory system more democratic by shifting responsibility for regulatory decisions away from unelected bureaucrats and toward the people’s representatives in Congress. But separate legislative actions in the opening of the 115th Congress only call this argument into question. Congress’s most significant initiatives during this period — its derailed attempts to ...


The Future Of Nuclear Security: A Medical Physicist’S Perspective, Katharine E. Thomson Dec 2017

The Future Of Nuclear Security: A Medical Physicist’S Perspective, Katharine E. Thomson

International Journal of Nuclear Security

Planning for the future of nuclear security is a vital and complex task, requiring cooperation and contribution from many disciplines and industries. This diversity of expertise should include the medical sector, which faces many of the same challenges as the nuclear industry: controlling access to dangerous material, creating a strong security culture, cooperating with the wider world and engaging the public.

Medical physicists, of which the author is one, oversee all aspects of small-scale radiation use. This paper discusses three key areas increasingly important to both medical and nuclear uses of radioactive materials: public engagement, prevention of nuclear and radiological ...


Assessing And Enhancing Nuclear Safety And Security Culture For Small Facilities That Handle Radioactive Material, Solymosi Máté Dec 2017

Assessing And Enhancing Nuclear Safety And Security Culture For Small Facilities That Handle Radioactive Material, Solymosi Máté

International Journal of Nuclear Security

The use of radioactive sources is expanding all over the world and abreast the necessity of the enhancement of its safe and secure application is increasing too. In the nuclear industry, the safety and security are top priorities since decades. They share the same goal, to protect humans from the negative affect of the ionizing radiation. The human component of them is a significant factor and technical solutions can protect us so far and thus the culture for safety and security become a major focus. On the other hand, there are still some contradiction between recommendations and international guidance of ...


The Future Of Nuclear Security In Moroccan Territory After The Creation Of The New Moroccan Agency Of Nuclear And Radiological Safety And Security: Opportunities And Challenges, Amal Touarsi, Amina Kharchaf Dec 2017

The Future Of Nuclear Security In Moroccan Territory After The Creation Of The New Moroccan Agency Of Nuclear And Radiological Safety And Security: Opportunities And Challenges, Amal Touarsi, Amina Kharchaf

International Journal of Nuclear Security

Nowadays, a security regime for protecting nuclear and radiological material—providing an intelligent national regulatory institution and establishing national security laws—is necessary in order for a state to ensure security of nuclear and radiological materials used within its borders.

This paper focuses on discussing the opportunities and challenges facing the future of nuclear security after the creation of the new Moroccan Agency of Nuclear and Radiological Safety and Security.


From War To Home: The Systematic Issues Operation Enduring And Iraqi Freedom Veterans Face Transitioning With Ptsd, Tiffany D. Ware Dec 2017

From War To Home: The Systematic Issues Operation Enduring And Iraqi Freedom Veterans Face Transitioning With Ptsd, Tiffany D. Ware

Dissertations

Purpose: The purpose of this phenomenological study was to describe the perceptions of Operation Enduring and Iraqi Freedom veterans with PTSD, who are transitioning from active duty to civilian life, regarding their participation in the Disabled Transition Assistance Program.

Methodology: The methodology for this research study will be qualitative from a phenomenological perspective. When thinking of research as it pertains to qualitative methods, it is appropriate to use when a researcher is trying to study the lived experiences of individuals (Flipp, 2014; Patton, 2015). This method will describe perceptions of Operation Enduring and Iraqi Freedom veterans with PTSD, who are ...


Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, Preston G. Johnson Dec 2017

Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, Preston G. Johnson

Capstone Collection

In 1860, British colonizers codified Section 377 into the Indian Penal Code. 377 is an anti-sodomy law based on Victorian/Judeo-Christian values which criminalizes homosexuality through judicial interpretation and the manipulation of ambiguous language. On August 15th, 2017, India celebrated 70 years of independence from British control, yet 377 still exerts oppressive control over the safety and freedom of Indian LGBTQI communities. Defining queerness as perversion has caused LGBTQI individuals to become victims of false accusations, blackmail, harassment, housing and workplace discrimination, familial rejection, forced “conversion therapy”, assault, rape, torture, and even murder because of this power imbalance and ...


Evaluation Of Immigration And Citizenship Program (Icp), Wen Feng Yip Dec 2017

Evaluation Of Immigration And Citizenship Program (Icp), Wen Feng Yip

Master's Projects

There are many non-profit organizations which provide immigration and other legal services to immigrants in Santa Clara County. However, the capacity of legal services providers and their partners still face daunting challenges when trying to meet an overwhelming need that contrasts with limited resources (McAllister, 2015). Under these circumstances, the quality and effectiveness of immigration legal service providers in delivering their services is a subject of concern for immigrant groups. Community-based organizations are best suited to help immigrants with the legalization process (Cordero-Guzman, 2005) and their integration into the economic, political, and social mainstream in the long run.

The Immigration ...


Protecting And Maintaining Silicon Valley’S Liquid Gold, Paul Mark Fulcher Dec 2017

Protecting And Maintaining Silicon Valley’S Liquid Gold, Paul Mark Fulcher

Master's Projects

Public sector leaders and decision makers in the California water industry have learned from previous severe drought conditions that to sustain water supplies during extremely dry seasons, there is a substantial need for behavioral changes associated with water conservation efforts among the businesses and residents of the community to maintain an adequate water supply. The intent of this study is to compare four California water agencies that have been designated as sustainable groundwater agencies (GSA), and determine what current programs and/or practices those agencies are using to meet the mandated requirements of the Sustainable Groundwater Management Act of 2014 ...


Pipeline Trends - December 2017, Nicole M. Trask, Sage Bagwell Dec 2017

Pipeline Trends - December 2017, Nicole M. Trask, Sage Bagwell

Commonwealth Medicine Publications

Pipeline Trends is produced by UMass Medical School’s Clinical Pharmacy Services and is distributed annually. This edition provides a comprehensive overview of:

  • Promising New Agents
  • Projected Generic Entry
  • Investigational Indications
  • FDA Updates
  • Industry Trends


Unpatriotic Profit: How For-Profit Colleges Target Veterans And What The Government Must Do To Stop Them, Christopher J. Salemme Nov 2017

Unpatriotic Profit: How For-Profit Colleges Target Veterans And What The Government Must Do To Stop Them, Christopher J. Salemme

Brigham Young University Journal of Public Law

No abstract provided.