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2016

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Full-Text Articles in Law

Who Are Employment Consultants? Characteristics Of The Workforce That Connects Job Seekers With Intellectual And Developmental Disabilities To Employment (Bringing Employment First To Scale, Issue No. 7), Oliver Lyons, Alberto Migliore, Kelly Nye-Lengerman, Derek Nord, John Butterworth, Thinkwork! At The Institute For Community Inclusion At Umass Boston Jan 2016

Who Are Employment Consultants? Characteristics Of The Workforce That Connects Job Seekers With Intellectual And Developmental Disabilities To Employment (Bringing Employment First To Scale, Issue No. 7), Oliver Lyons, Alberto Migliore, Kelly Nye-Lengerman, Derek Nord, John Butterworth, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In 1987, the Institute for Community Inclusion (ICI) at the University of Massachusetts Boston began a series of surveys aimed at providing a longitudinal description of the characteristics and service delivery provided by Community Rehabilitation Providers (CRPs)(Domin & Butterworth, 2012). Despite direct support staff comprising one of the nation’s largest labor market segments, there has been very little research into the wages and stability of that workforce (Bogenschutz, Hewitt, Nord, & Hepperlen, 2014). Additionally, most of the literature regarding employment consultants has focused on service outcomes of the individuals served. However, according to Luecking, Fabian, and Tilson (2004), “…Regardless of …


Achieving Best Practice In Employment Supports: Defining Measures Of Effectiveness (Bringing Employment First To Scale, Issue No. 4), Thinkwork! At The Institute For Community Inclusion At Umass Boston Jan 2016

Achieving Best Practice In Employment Supports: Defining Measures Of Effectiveness (Bringing Employment First To Scale, Issue No. 4), Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

People with intellectual and developmental disabilities (IDD) are among the most likely Americans to be unemployed, live in poverty, or rely on public programs. In 2013, only 23% of working-age people with cognitive disabilities—a broad demographic category that includes individuals with IDD—were employed, compared to 72% of people without disabilities. While over 30 states have adopted an Employment First policy (a declaration that employment is the priority outcome for people with disabilities), a key challenge is ensuring that supports meet the standards for best practice. Employment supports are delivered by what we refer to as “employment consultants.” We use this …


Knowledge Translation And Support For Individuals And Families (Bringing Employment First To Scale, Issue No. 5), Thinkwork! At The Institute For Community Inclusion At Umass Boston Jan 2016

Knowledge Translation And Support For Individuals And Families (Bringing Employment First To Scale, Issue No. 5), Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

With the persistently low competitive employment rate for working-age people with intellectual and developmental disabilities (IDD), a main focus area for the field of disability research has been on the interaction between the individual and the service system. Yet we know much less about the interaction between systems and families around employment. Family engagement is key to successful employment and life planning, often leading individuals with disabilities on the path to employment when family members serve as role models for work ethic and behavior. Family members may also provide logistical support, including coaching and advice, help with planning and organizing …


Data Note: Comparing Vr Outcomes For Individuals With And Without Intellectual Disabilities Who Receive Postsecondary Education Services, John Shepard, Frank A. Smith, Thinkwork! At The Institute For Community Inclusion At Umass Boston Jan 2016

Data Note: Comparing Vr Outcomes For Individuals With And Without Intellectual Disabilities Who Receive Postsecondary Education Services, John Shepard, Frank A. Smith, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Data Note Series, Institute for Community Inclusion

This Data Note explores the provision of postsecondary education services to vocational rehabilitation customers with and without intellectual disabilities who exited the VR system in FY2014.


Ua12/8 Annual Campus Safety & Security Report, Wku Police Jan 2016

Ua12/8 Annual Campus Safety & Security Report, Wku Police

WKU Archives Records

A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.


In Memory Of Thomas Bowman Black (1928–2016), Professor Of Law, St. Mary's University School Of Law (1974–1988), David Dittfurth Jan 2016

In Memory Of Thomas Bowman Black (1928–2016), Professor Of Law, St. Mary's University School Of Law (1974–1988), David Dittfurth

St. Mary's Law Journal

Tribute to Thomas Bowman Black (1928–2016), Professor of Law, St. Mary's University School of Law (1974–1988).


The Illusion Of Recovery In New Orleans: Displaced, Misplaced, And Replaced, Troy Lee Robertson Jan 2016

The Illusion Of Recovery In New Orleans: Displaced, Misplaced, And Replaced, Troy Lee Robertson

Senior Projects Spring 2016

Senior Project submitted to The Division of Social Studies of Bard College.


Teacher Unions, The Right-To-Work And Fair Share Agreements, Charles J. Russo Jan 2016

Teacher Unions, The Right-To-Work And Fair Share Agreements, Charles J. Russo

Educational Leadership Faculty Publications

The status of collective bargaining in public education has been in an almost constant state of flux recently. More than 30 states have adopted laws that allow teachers and other public school employees to form unions to bargain collectively with their boards over the terms and conditions of their employment.

Amid debates over their status in public education, the Supreme Court has consistently upheld the right of unions to charge fair-share fees even as it limited their scope. Fair-share or agency fees are based on the premise that insofar as nonmembers benefit from union activities, they should have to pay …


Pilot Programs For Veterans Transition To Engineering Fields, Vukica M. Jovanovic, Anthony W. Dean, Carol L. Considine, Karina Arcaute, Petros Katsioloudis, Mileta Tomovic, Thomas B. Stout, Connor Schwalm, Jennifer G. Michaeli, Yuzhong Shen Jan 2016

Pilot Programs For Veterans Transition To Engineering Fields, Vukica M. Jovanovic, Anthony W. Dean, Carol L. Considine, Karina Arcaute, Petros Katsioloudis, Mileta Tomovic, Thomas B. Stout, Connor Schwalm, Jennifer G. Michaeli, Yuzhong Shen

Engineering Technology Faculty Publications

Veterans, through their active service, frequently receive training in highly skilled technical areas. However, they may lack a theoretical background in underlying engineering principles. They also need additional support with the transition from a highly structured military environment to an environment with more ambiguous time constraints and different sorts of responsibilities. Moreover they are facing challenges which are specific for their student population. Therefore, enabling multiple mechanisms which would support them and provide them necessary guidance are especially important at universities with large veteran populations such as at Old Dominion University in Norfolk, Virginia. Hence, there is a need for …


Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo Jan 2016

Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo

Educational Leadership Faculty Publications

Solicitor General Donald Verrilli’s fateful words, uttered in response to a question posed by Justice Samuel Alito during oral arguments in Obergefell v. Hodges,2 likely sent chills up the spines of leaders in faith-based educational institutions, from pre-schools to universities. In Obergefell, a bare majority of the Supreme Court legalized same-sex unions in the United States. Verrilli’s words, combined with the outcome in Obergefell, have a potentially chilling effect on religious freedom. The decision does not only impact educational institutions—the primary focus of this article—but also a wide array of houses of worship. Other religiously affiliated …


The International Community's Response To The Hypothetical Emergence Of Superheroes, Brittany Nicole Woods Jan 2016

The International Community's Response To The Hypothetical Emergence Of Superheroes, Brittany Nicole Woods

CMC Senior Theses

In a golden era for comic based media, this paper uses the hypothetical emergence of superheroes to analyze the assumptions and predictions of three international relations theories: realism, liberalism, and constructivism. Comics consistently reflect the real world, paralleling events and concepts discussed in foreign affairs dialogues. The thought experiment, and the comic genre itself, provides a vehicle for thinking broadly about the political and social ramifications of successful or failed problem solving, state interaction, and scientific advances.


Meyer, Pierce, And The History Of The Entire Human Race: Barbarism, Social Progress, And (The Fall And Rise Of) Parental Rights, Jeffrey Shulman Jan 2016

Meyer, Pierce, And The History Of The Entire Human Race: Barbarism, Social Progress, And (The Fall And Rise Of) Parental Rights, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

Long before the Supreme Court’s seminal parenting cases took a due process Lochnerian turn, American courts had been working to fashion family law doctrine on the premise that parents are only entrusted with custody of the child, and then only as long as they meet their fiduciary duty to take proper care of the child. With its progressive, anti-patriarchal orientation, this jurisprudence was in part a creature of its time, reflecting the evolutionary biases of the emerging fields of sociology, anthropology, and legal ethnohistory. In short, the courts embraced the new, “scientific” view that social “progress” entails the decline and, …


Creating Space For Silence In Law School Collaborations, A. Rachel Camp Jan 2016

Creating Space For Silence In Law School Collaborations, A. Rachel Camp

Georgetown Law Faculty Publications and Other Works

Law school programs are increasingly expanding collaborative experiences for their students. In many clinical programs, collaboration -- through team pairings and group work – has been the norm, and gradually, collaborative work is being developed throughout the doctrinal law school curriculum. This trend fits within a broader societal emphasis on a collaborative model of working and learning. In both professional and educational settings, collaboration is viewed as critical to the success of ideas and products. Learning theory consistently identifies learning as being “inherently social” and best retained when engaged in with others. And, collaboration can substantially benefit the final work …


Quasi-Public Spending, John R. Brooks Jan 2016

Quasi-Public Spending, John R. Brooks

Georgetown Law Faculty Publications and Other Works

The United States has increasingly designed certain public spending programs not as traditional tax-financed programs, but rather as mixtures of private expenditures, subsidies, and limited taxes. Thus part of what could have gone to the government as a tax is instead used to purchase the good or service directly, with only incremental taxes and subsidies to manage distributional goals. This Article terms this “quasi-public spending,” and argues that it is descriptive of our evolving approaches to both health care and higher education. Based on this observation, the Article defines and analyzes quasipublic spending and compares it to both traditional public …


Seeing Higher Education And Faculty Responsibility Through Richard Matasar's Critiques Of Law Schools: College Completion, Economic Viability, And The Liberal Arts Ideal In Higher Education, John Valery White Jan 2016

Seeing Higher Education And Faculty Responsibility Through Richard Matasar's Critiques Of Law Schools: College Completion, Economic Viability, And The Liberal Arts Ideal In Higher Education, John Valery White

Scholarly Works

Professor John Valery White argues that the crisis in higher education has been framed around discomfort with and critiques of changes that have taken place in the last few decades as universities grew and became more complex, and more expensive. These arguments raise valid and significant concerns about higher education and its subcomponents like legal education but on the whole have missed the true challenge to higher education of recent years. He argues that the significant current policy push to improve college attainment has led to the loss of academic authority and leadership by higher education institutions, their administrators, and …


In Memory Of Joe E. Anderson (1928–2016), Professor Of Law, St. Mary's University School Of Law, Michael S. Ariens Jan 2016

In Memory Of Joe E. Anderson (1928–2016), Professor Of Law, St. Mary's University School Of Law, Michael S. Ariens

St. Mary's Law Journal

Tribute to Joe E. Anderson (1928–2016), Professor of Law, St. Mary's University School of Law.


The Amplified Need For Supreme Court Guidance On Student Speech Rights In The Digital Age, William Calve Jan 2016

The Amplified Need For Supreme Court Guidance On Student Speech Rights In The Digital Age, William Calve

St. Mary's Law Journal

Abstract forthcoming.


Rick's Taxonomy, Mary Crossley Jan 2016

Rick's Taxonomy, Mary Crossley

Articles

This Essay uses the influential educational work Bloom’s Taxonomy as a jumping-off point for exploring how Rick Matasar’s scholarship relating to leadership in and the goals of legal education provides a guide for identifying, prioritizing and pursuing the core values and objectives of the legal education enterprise in a time of profound change. This Essay briefly describes Bloom’s Taxonomy and its status in the educational literature. Then it highlights two ways that Matasar’s leadership scholarship displays kinship to Bloom’s Taxonomy. His approach to describing a problem, analyzing its nature, and synthesizing and evaluating possible responses to the problem is …


Consent, Culpability, And The Law Of Rape, Kimberly Kessler Ferzan Jan 2016

Consent, Culpability, And The Law Of Rape, Kimberly Kessler Ferzan

All Faculty Scholarship

This Article explores the relationship between consent and culpability. The goal is to present a thorough exposition of the tradeoffs at play when the law adopts different conceptions of consent. After describing the relationship between culpability, wrongdoing, permissibility, and consent, I argue that the best conception of consent—one that reflects what consent really is—is the conception of willed acquiescence. I then contend that to the extent that affirmative consent standards are aimed at protecting defendants, this can be better achieved through mens rea provisions. I then turn to the current victim-protecting impetus for affirmative expression standards, specifically, requirements that the …


Restorative Justice From The Margins To The Center- The Emergence Of A New Norm In School Discipline.Pdf, Thalia Gonzalez Dec 2015

Restorative Justice From The Margins To The Center- The Emergence Of A New Norm In School Discipline.Pdf, Thalia Gonzalez

Thalia Gonzalez

Changing norms is a difficult process that requires society to discard previously held ideas, morals, and practices. In the case of school discipline, this means abandoning the long accepted practice of zero tolerance and its associated values, identities, and processes of punishment and exclusion. While there has been attention in the literature to changes in school discipline at the local, state, and federal levels—relative to zero tolerance—scholars have not engaged in inquires tracing the emergence of restorative justice, its consequent cascade, and institutionalization as a new norm. This Article aims to …


The Middle Class, Urban Schools, And Choice, Michael Lewyn Dec 2015

The Middle Class, Urban Schools, And Choice, Michael Lewyn

Michael E Lewyn

It is common knowledge that middle- and upper-class parents tend to disfavor urban public schools, and often move to suburbs in order to avoid having to send their children to those schools. Thus, the condition of urban public schools contributes to suburban sprawl- that is, the movement of people and jobs from city to suburb. 

            This article discusses a variety of possible solutions to the unpopularity of urban schools among middle-class parents.  Part I of the Article suggests that this problem is a cause as well as a result of middle-class flight: that is, urban schools have poor reputations …


Inga Khachaturova V. Shaun Rourke - Dismissal Of Injunction.Pdf Dec 2015

Inga Khachaturova V. Shaun Rourke - Dismissal Of Injunction.Pdf

Khachaturova V. Rourke - Dismissal of Injunction

JOINT MOTION FOR FINAL ORDER OF DISMISSAL Plaintiff, INGA KHACHATUROVA, M.D. , (hereafter “Plaintiff”), and Defendant, SHAUN PATRICK ROURKE (hereafter “Defendant”), hereby move for entry of a final order dismissing this action, and state as follows: 

Inga Khachaturova V. Shaun Rourke - Dismissal of Injunction - Injunction dismissed.