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Full-Text Articles in Law

Vertical Acquisitions, Integration And The Boundaries Of The Firm, Jerry Hoberg Feb 2018

Vertical Acquisitions, Integration And The Boundaries Of The Firm, Jerry Hoberg

Law, Economics, & Business Workshop

No abstract provided.


Bankruptcy Spillovers, Shai Bernstein Feb 2018

Bankruptcy Spillovers, Shai Bernstein

Law, Economics, & Business Workshop

No abstract provided.


Impact Investing, Adair Morse Jan 2018

Impact Investing, Adair Morse

Law, Economics, & Business Workshop

No abstract provided.


Utm, Atm, Stm… Slices Of The Sky?, Ruth E. Stilwell Jan 2018

Utm, Atm, Stm… Slices Of The Sky?, Ruth E. Stilwell

Space Traffic Management Conference

UTM, ATM, STM… slices of the sky?

This paper will examine the functional differences between Unmanned Aircraft Traffic Management Systems, Air Traffic Management Systems, and Space Traffic Management. Understanding both the similarities between the systems and the different functional requirements of each concept is critical in the discussion and development of STM. While there are many commonalities in each area, it is important to understand how the different environments affect the ability to develop policies, procedure and technologies to manage the vehicles operating in the distinct environment. Both technical and legal frameworks will be discussed.

Building a conceptual framework for ...


Current Legal Issues Impacting Crop Production, Kristine A. Tidgren Dec 2017

Current Legal Issues Impacting Crop Production, Kristine A. Tidgren

Integrated Crop Management Conference

On March 16, 2015, the Des Moines Board of Water Works Trustees (DMWW) filed a federal Clean Water Act (CWA) lawsuit agand Calhoun). The lawsuit, which was filed in the United States District Court for the Northern District of Iowa, al leged that the supervisors, in their capacity as trustees for the drainage districts. The lawsuit, among its many demands, asked the federal court to order the drainage districts to cease “all discharges of nitrate that are not authorized by an NPDES or state operating permit.”


Closing Speaker, Ashton Applewhite, Berkeley Journal Of Employment & Labor Law Nov 2017

Closing Speaker, Ashton Applewhite, Berkeley Journal Of Employment & Labor Law

BJELL Symposia

No abstract provided.


Panel 4: Tech Progress That Enables Age Bias: Discrimination In Hiring And Big Data’S Potential To Limit Opportunities For Older Workers, Daniel B. Kohrman, Ifeoma Ajunwa, Toni S. Locklear, Laurie A. Mccann Nov 2017

Panel 4: Tech Progress That Enables Age Bias: Discrimination In Hiring And Big Data’S Potential To Limit Opportunities For Older Workers, Daniel B. Kohrman, Ifeoma Ajunwa, Toni S. Locklear, Laurie A. Mccann

BJELL Symposia

No abstract provided.


Panel 3: The Role Of State Statutes In Combatting Age Discrimination In The Workplace: The Sky’S The Limit, Laurie A. Mccann, Carol J. Garvan, Sandra Sperino, Cathy Ventrell-Monsees Nov 2017

Panel 3: The Role Of State Statutes In Combatting Age Discrimination In The Workplace: The Sky’S The Limit, Laurie A. Mccann, Carol J. Garvan, Sandra Sperino, Cathy Ventrell-Monsees

BJELL Symposia

No abstract provided.


Enforcing The Adea: An Eeoc Perspective, Ami Sanghvi Nov 2017

Enforcing The Adea: An Eeoc Perspective, Ami Sanghvi

BJELL Symposia

No abstract provided.


Panel 2: Age And…: Intersectional Discrimination Against Older Workers, Lauren Edelman, Daniel B. Kohrman, Joanna Lahey, Joanne Song Mclaughlin Nov 2017

Panel 2: Age And…: Intersectional Discrimination Against Older Workers, Lauren Edelman, Daniel B. Kohrman, Joanna Lahey, Joanne Song Mclaughlin

BJELL Symposia

No abstract provided.


Panel 1: "Shouldn't You Be Retiring Already?": Age Stereotypes In The Modern Era, Catherine Fisk, Sarah Barber, Helen Dennis, Dara Smith Nov 2017

Panel 1: "Shouldn't You Be Retiring Already?": Age Stereotypes In The Modern Era, Catherine Fisk, Sarah Barber, Helen Dennis, Dara Smith

BJELL Symposia

No abstract provided.


Opening Remarks, William Alvarado Rivera Nov 2017

Opening Remarks, William Alvarado Rivera

BJELL Symposia

No abstract provided.


Foreign Bribery: Incentives And Enforcement, Jonathan Karpoff Nov 2017

Foreign Bribery: Incentives And Enforcement, Jonathan Karpoff

Law, Economics, & Business Workshop

No abstract provided.


Interdisciplinary Triage And Informed Consent: The Future Of Family Law, Forrest "Woody" Mosten Esq., Andrew Schepard, Paul Meller, Jane Pearl, Lawrence Jay Braunstein Esq. Nov 2017

Interdisciplinary Triage And Informed Consent: The Future Of Family Law, Forrest "Woody" Mosten Esq., Andrew Schepard, Paul Meller, Jane Pearl, Lawrence Jay Braunstein Esq.

Center for Children, Families and the Law Conferences & Symposia

No abstract provided.


Conference Program Nov 2017

Conference Program

Center for Children, Families and the Law Conferences & Symposia

No abstract provided.


Human Rights And Disability, Lowell Ewert Nov 2017

Human Rights And Disability, Lowell Ewert

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In every context where racism, poverty, inequality, religious intolerance, or any other form of exploitation is present, persons with disabilities within the category experiencing discrimination are almost always worse off than their non-disabled peers. In this way, disability has the practical impact of magnifying discrimination and multiplying harmful practices. There is even evidence in some places that persons with disabilities have been deliberately targeted with violence. Additionally, sexual violence against disabled women and girls can be especially cruel.

Efforts to combat discriminatory practices that are primarily focused on addressing the concerns of the able-bodied often further exacerbate the general indifference ...


Homophobia, Human Rights And Diplomacy, Douglas Janoff Nov 2017

Homophobia, Human Rights And Diplomacy, Douglas Janoff

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Multilateral human rights diplomacy is a product of the triad relationship between intergovernmental organizations (IGOs), civil society organizations (CSOs), and states. This paper examines the emergence of LGBT rights within the context of the UN human rights system. Recently, the global debates around LGBT rights have become much more public and increasingly complex: Ministers, leaders, and even the UN Secretary-General routinely call on states to do more to protect sexual minorities. Countries such as Uganda and Russia are labeled “homophobic” — not just by human rights activists, but by other states. These “accusations” are delivered both bilaterally and in multilateral forums ...


Gay Teachers In Catholic Schools: A Conflict Of Human Rights, Ish Ruiz Nov 2017

Gay Teachers In Catholic Schools: A Conflict Of Human Rights, Ish Ruiz

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

What happens when a person’s exercise of a human right conflicts with another’s enjoyment of a human right? Such is the case when a gay teacher in a Catholic school is fired as the school exercises its right to religious freedom in order to ensure its teachers live lives consistent with Church teaching.

As religious institutions, Catholic schools are protected by a ministerial exception that offers legal immunity to Catholic educational institutions that fire gay and lesbian teachers (teachers are sometimes considered “ministers” by the courts). In many states these firings on the basis of sexual orientation or ...


A New Future? The Catholic Church, Grassroots Justice, And Accountability, Regina Menachery Paulose Nov 2017

A New Future? The Catholic Church, Grassroots Justice, And Accountability, Regina Menachery Paulose

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Between the 1970s and 1980s, Guatemalans, particularly the indigenous populations, were targets of a state-sponsored genocide. Several years after the genocide, Catholic Bishop Juan Gerardi of Guatemala City took the lead in creating the Recovery of Historical Memory Project which was an independent investigation into the events of the genocide. Gerardi was murdered before the report was made public. This paper will briefly discuss Gerardi’s work and his contribution to local justice in Guatemala. The author will then explore what contributions the Catholic Church could make in creating similar fact-finding missions. Could a grassroots mechanism such as the one ...


Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak Nov 2017

Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In the midst of the worst humanitarian crisis of our time, in Syria, we have seen extreme suffering by millions who have been summarily executed, tortured, imprisoned, raped, starved, and bombed with chemical weapons. Specifically, we have seen that women have been the target of gender-based violence in the conflict by and with the acquiescence of the Assad regime forces and by opposition groups.

Women have been human shields; hostages for the bargaining of prisoner release; and victims of sexual violence and exploitation, forced marriage, and other forms of violence such as honor killings.

This gender-based violence has rendered women ...


Agency, Equality And Courage: A Case Study Of Women On The Front Lines Of Egypt’S 2011 Revolution, Carol Gray Nov 2017

Agency, Equality And Courage: A Case Study Of Women On The Front Lines Of Egypt’S 2011 Revolution, Carol Gray

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

How were women involved in Egypt’s 2011 revolution/uprising? What role did they play vis-à-vis male activists? To what degree were Egyptian women “equal” during those 18 days in Tahrir Square? These questions will be explored within the context of interviews conducted by this writer in Cairo during and following Egypt’s 18-day revolution (uprising). This essay will explore the public/private sphere split, political consciousness-raising, and gender equality within the context of the stories of Egyptian women on the front lines of protest.

Much of the recent literature on women's protests in Egypt has focused on women ...


Gender, Displacement And Transitional Justice, Sinead Mcgrath Nov 2017

Gender, Displacement And Transitional Justice, Sinead Mcgrath

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In the past fifteen years, there has been huge emphasis on the need for gendered mechanisms dealing with both forced migration and peacebuilding. The UN landmark resolution on Women, Peace and Security (S/RES/1325) and the gender-mainstreaming of the 1951 Refugee Convention have urged all actors to increase the participation of women in peacebuilding and their protection in instances of displacement. An underdeveloped link between these issues has not been addressed by the academic community, particularly when looking at societies in transition and the relationship of displaced women to international migration organisations in the context of transitional justice. This ...


Interrogating Rights: How The United States Is Not Complying With The Racial Equality Treaty, Malia Lee Womack Nov 2017

Interrogating Rights: How The United States Is Not Complying With The Racial Equality Treaty, Malia Lee Womack

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In 1994, the United States ratified the United Nations’ core anti-racism treaty, ICERD. Although it has been more than two decades since the United States became a member to the multilateral agreement, a wide range of scholarship determines that the nation is not in compliance with the treaty. Little of this research focuses on gender. This paper intervenes with the research by conducting a gendered analysis, with a focus on African American women, of key areas where the US is not meeting its duties to the multilateral agreement.

This manuscript proves that, first, the United States does not comply with ...


Indigenous Rights In The Trump Era, Tereza M. Szeghi Nov 2017

Indigenous Rights In The Trump Era, Tereza M. Szeghi

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

This paper examines the ways in which the Dakota Access Pipeline and the related protests were divergently covered in mainstream versus alternative news sources and what this divergent coverage suggests about the current status of American Indian affairs and the role of American Indians in the U.S. cultural imaginary. Moreover, the paper will address the status of American Indian tribal sovereignty in the Trump era more broadly, with particular focus on American Indians' treaty-related rights to self-determination in the use of their lands.


Out Of The Prison And Onto The Streets: The Trafficking Of Incarcerated Women (A Trans-Disciplinary Media Research Project), Mei-Ling Mcnamara Nov 2017

Out Of The Prison And Onto The Streets: The Trafficking Of Incarcerated Women (A Trans-Disciplinary Media Research Project), Mei-Ling Mcnamara

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Women are being actively targeted for the sex trafficking trade within US prisons and are recruited by a network of fellow inmates who are given "finders fees" for supplying victims. In prisons from Florida to North Carolina, Ohio to Massachusetts, women are promised housing and food in exchange for work upon release but instead are deceived and prostituted for the human trafficking trade. Some traffickers stalk their victims through public-access profiles from statewide prison websites, then groom them over months through correspondence and phone calls.

Inside the largest women’s prison in the United States, the Florida Lowell Correctional Institution ...


Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons Nov 2017

Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Over the past 20 years, courses addressing human rights have grown dramatically at both the undergraduate and graduate levels worldwide. Many of these courses are housed in specific disciplines, focus on specific issues, and require practical experience in the form of internships/practicums. Amid this growth there is a need to reflect on teaching human rights including the challenges, fears, and best practices.

Recognizing that education takes place inside and outside a classroom, this roundtable brings together scholars teaching human rights in a variety of settings to examine the current state of university human rights education. This includes a discussion ...


Inequalities, Human Rights, And Sustainable Development Goal 10, Gillian Macnaughton Nov 2017

Inequalities, Human Rights, And Sustainable Development Goal 10, Gillian Macnaughton

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Most of the 17 new Sustainable Development Goals (SDGs) and targets echo the goals and targets in the Millennium Development Goals (MDGs) framework. SDG 10 — reduce inequality within and among countries — is, however, completely new. The idea that the global community should work together toward equality had no part in the MDG framework, which focused on reducing poverty rather than making a more equal world. From a human rights perspective, the inclusion of the new SDG on reducing inequality is a great step forward.

Notably, Oxfam reported in January 2017 that the eight wealthiest men in the world own the ...


Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo De Souza Dantas Fico, Leticia Machado Haertel Nov 2017

Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo De Souza Dantas Fico, Leticia Machado Haertel

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

This paper focuses on two problems around the mass displacement of people in extreme poverty: the characterization of such people as refugees and the application of the non-refoulement principle to mass displacements.

Extreme poverty is causal to grave human rights violations such as deprivation of water, of food, and of an adequate standard of living. These circumstances may reach a degree in which life in a country is unbearable — forcing people to move in order to enhance their likelihood of survival.

The classic understanding of the non-refoulement obligation, as enshrined in the 1951 Refugee Convention, forbids states from returning people ...


Where Do We Go From Here? Charting Perceptions Of The Impact Of The Human Rights City Boston Resolution, Kostas Koutsioumpas, Maggie Schneider, Matthew Annunziato Nov 2017

Where Do We Go From Here? Charting Perceptions Of The Impact Of The Human Rights City Boston Resolution, Kostas Koutsioumpas, Maggie Schneider, Matthew Annunziato

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In 1948, the United Nations adopted the Universal Declaration of Human Rights (UDHR) as a common standard of achievement and called upon every individual and organ of society to promote the rights enshrined in the document. The UDHR has been applied in many ways around the world, including by the international Human Rights Cities movement, which began in Rosario, Argentina, in 1997.

Today more than two dozen Human Rights Cities have formed around the globe, including at least nine in the United States (Washington, DC; Eugene, OR; Pittsburgh, PA; Chapel Hill, NC; Columbus, IN; Jackson, MI; Seattle, WA; Mountain View ...


Engaging Human Rights Norms To Realize Universal And Equitable Health Care In Massachusetts, April Jakubec, Mariah Mcgill, Gillian Macnaughton Nov 2017

Engaging Human Rights Norms To Realize Universal And Equitable Health Care In Massachusetts, April Jakubec, Mariah Mcgill, Gillian Macnaughton

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Massachusetts health care law served as the model in 2010 for the federal Patient Protection and Affordable Care Act (PPACA). In 2006, Massachusetts adopted sweeping health care reforms. The law sought to increase health care insurance coverage for residents of Massachusetts by:

(1) Mandating that all adults in the state have health care insurance unless an affordable option was not available;

(2) Expanding Medicaid;

(3) Creating a new program of subsidized private insurance for low- and moderate-income residents; and

(4) Establishing a transparent health care insurance market exchange.

Previous studies on the Massachusetts health care reforms of 2006 have analyzed ...