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Full-Text Articles in Law

Vincentian Education: The Role Of Compassion, Jerrold Ross Dec 2016

Vincentian Education: The Role Of Compassion, Jerrold Ross

Journal of Vincentian Social Action

The renowned Vincentian Center of St John's University brings with it additional prestige and recognition to the research faculties who produce important findings for all levels of Catholic education and for the perpetuation of a tradition long associated with the University. Beginning with Catholic education in preschool and continuing through higher education, Vincentian education, now in its second century, should provide Hope, answer our dreams and refresh its reaction to a vibrant social context, so that people can understand its meaning beyond philosophical statements.


Jovsa: Editorial, Marc E. Gillespie Dec 2016

Jovsa: Editorial, Marc E. Gillespie

Journal of Vincentian Social Action

Vincentian Universities are engaged in service at so many levels and in so many ways, yet it is easy to move through our day unaware of the herculean efforts that our students and colleagues are engaged in. The Vincentian Universities seem rooted in the idea of service. For us, service is not another trend that we adopted, but rather it has always been part of our constitution. The work presented in this issue provides two direct examples of how we can better serve.


From Common Core To Charter: The Economic Remedy To Nc Education, Hunter B. Winstead Dec 2016

From Common Core To Charter: The Economic Remedy To Nc Education, Hunter B. Winstead

Senior Honors Theses

Although numerous factors contribute to the decline of North Carolina’s economic prosperity, one of the most prevalent is the waste that occurs through the ineffective funding of education. In the last century, this system has become progressively centralized and bureaucratized which restricts the presence of diversity and hinders economic choice. The purest evidence of this movement is demonstrated through the state’s adoption of the Common Core State Standards (CCSS), an initiative designed to serve as a basis for federal entanglement in education. Proponents of CCSS claimed that the system would accomplish a variety of rigorous educational goals; however, none of …


Work And Community Engagement: Shifting Services And Supports To Help Individuals Have The Lives They Want, Cindy Thomas, Amie Lulinski, Jennifer Sulewski, Erin Leviton, Thinkwork! At The Institute For Community Inclusion At Umass Boston Dec 2016

Work And Community Engagement: Shifting Services And Supports To Help Individuals Have The Lives They Want, Cindy Thomas, Amie Lulinski, Jennifer Sulewski, Erin Leviton, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Significant change is underway to insure that services maximize opportunities for full engagement in the community. This session includes two projects, the RRTC on Advancing Employment for Individual with IDD and the Community Life Engagement Project and panelists from MA and DC to discuss the implications of research findings on service transformation and the integration of work and non-work supports to support individuals to have full and productive lives.


'New Conversations About Integrated Employment' Webinars Shine A Fresh Light On Issues In Our Field, Melanie Jordan, Allison Cohen Hall, Thinkwork! At The Institute For Community Inclusion At Umass Boston Dec 2016

'New Conversations About Integrated Employment' Webinars Shine A Fresh Light On Issues In Our Field, Melanie Jordan, Allison Cohen Hall, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This poster session highlights creative thinking about employment supports. The RRTC on Advancing Employment for Individuals with IDD has launched an interactive and dynamic webinar series with a twist ? to expose participants to new ideas, provoke reactions, and inspire them to think differently about such topics as Employment Professionals as Leaders for Change; the Real Meaning of Informed Choice; and Reframing the Benefits Conversation Around Financial Well-Being.


Status Of Nuclear Security Education And Research In Bangladesh And Looking Forward, Md. Shafiqul Islam, Md. Mobasher Ahmed Nov 2016

Status Of Nuclear Security Education And Research In Bangladesh And Looking Forward, Md. Shafiqul Islam, Md. Mobasher Ahmed

International Journal of Nuclear Security

Bangladesh uses category I of nuclear materials and category 1-5 of radioactive materials in the field of research, medical and industries. The Government is going to implement its first nuclear power plant under an IGA between the Bangladesh and Russian Governments. With the emerging global nuclear and radiological terrorism by potential adversaries, enhancing nuclear security is the paramount importance for the country. The paper has found no established communication channels among stakeholders in order to work in a coordinated and collaborative manner for strengthening the nuclear security. This has resulted lacking importance of education, research, training and knowledge management initiatives …


Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier Nov 2016

Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier

University of Massachusetts Law Review

This Note examines the codification of affirmative consent statutes in New York and California as well as the language of Title IX of Education Amendments of 1972, with the ultimate goal of demonstrating that the two statutory constructions cannot co-exist without jeopardizing accused students’ due process rights. During the course of a college or university disciplinary proceeding in an affirmative consent jurisdiction, the potential exists for a burden shift onto the accused student to affirmatively prove consent was obtained. Such a shift directly conflicts with Title IX mandates for prompt and equitable treatment. This Note proposes that in order to …


Patent Law, Copyright Law, And The Girl Germs Effect, Ann Bartow Oct 2016

Patent Law, Copyright Law, And The Girl Germs Effect, Ann Bartow

Law Faculty Scholarship

[Excerpt] "Inventors pursue patents and authors receive copyrights.

No special education is required for either endeavor, and nothing

precludes a person from being both an author and an inventor.

Inventors working on patentable industrial projects geared

toward commercial exploitation tend to be scientists or engineers.

Authors, with the exception of those writing computer code, tend

to be educated or trained in the creative arts, such as visual art,

performance art, music, dance, acting, creative writing, film

making, and architectural drawing. There is a well-warranted

societal supposition that most of the inventors of patentable

inventions are male. Assumptions about the genders …


The Effects Of The United States Government On Educators, Jessica Marie Zollinhofer Oct 2016

The Effects Of The United States Government On Educators, Jessica Marie Zollinhofer

Senior Honors Theses

This thesis is an attempt to understand the correlation between the modern day United States government and current educators. The research founded the correlation to a reason, or several reasons, behind the deficit of educators in different fields of education, which included but is not limited to: teacher salary, leaving the field, dissatisfaction. The history of governmental involvement in education was pertinent in explaining where different responsibilities on educators originated from, such as Least Restrictive Environment, standardized testing, etc. The relationship between these two establishments reaches a critical point at teachers and directly affects teacher efficacy and turnover. In conclusion, …


Rwu's New 'Rising Tide' Of Educational Opportunity 9-8-2016, Roger Williams University Sep 2016

Rwu's New 'Rising Tide' Of Educational Opportunity 9-8-2016, Roger Williams University

School of Law Conferences, Lectures & Events

No abstract provided.


Fiat Flux: Evolving Purposes And Ideals Of The Great American Public Law School, Christopher Edley Jr Aug 2016

Fiat Flux: Evolving Purposes And Ideals Of The Great American Public Law School, Christopher Edley Jr

Christopher Edley

This Essay describes the changing role of American law schools throughout the twentieth century and proposes a vision for the future's Great American Law School. Since the founding of Berkeley Law, the definition of the legal profession has progressed from an interior orientation, which focused predominately on trial courts and appellate advocacy, to an exterior orientation with wide consideration of other forms of lawyering. Along a second axis, legal pedagogy has progressed from a careerist orientation, which focused on case analysis and advocacy skills, to a more academic orientation that integrates questions of theory and methodology. Analyzing these trends, this …


The Legal Landscape Of Parental-Choice Policy, Nicole Stelle Garnett Jun 2016

The Legal Landscape Of Parental-Choice Policy, Nicole Stelle Garnett

Nicole Stelle Garnett

Private school choice programs raise important legal questions regarding students’ rights to an education, parents’ rights to choose their children’s schools, state constitutions, race and disability, and religious liberty.


When Meaningful Writing Reflects Vincentian Values, Michele Eodice, Anne Ellen Geller, Neal Lerner May 2016

When Meaningful Writing Reflects Vincentian Values, Michele Eodice, Anne Ellen Geller, Neal Lerner

Journal of Vincentian Social Action

In The Meaningful Writing Project – our study of over 700 seniors at three universities – students describe how education values are embodied in writing projects in and out of school. In brief, our results show that students find meaning when they are invited to tap into the power of personal connection, see what they are writing as applicable and relevant to the real world, imagine their future selves, immerse themselves in what they are thinking and writing about, and experience research for learning. In many cases, the experiences students reported are aligned with Vincentian values for higher education, namely …


Summary Report Of A Faculty Colloquium Held On The Encyclical Letter Laudato Si’ Of The Holy Father Francis On Care For Our Common Home, Mark C. Kiley May 2016

Summary Report Of A Faculty Colloquium Held On The Encyclical Letter Laudato Si’ Of The Holy Father Francis On Care For Our Common Home, Mark C. Kiley

Journal of Vincentian Social Action

The Papal Encyclical, issued in summer of 2015, elicited the attention of ten faculty members in St. John’s College of Liberal Arts and Sciences. All but two of the participants were faculty members based primarily in Staten Island. What follows is a collection of highlights from the formal presentations.


Development Of A Mission-Aligned Campus-Community Partnership Model: The Urban Institute Flu Vaccine Initiative For The Indigent Of Nyc, John M. Conry May 2016

Development Of A Mission-Aligned Campus-Community Partnership Model: The Urban Institute Flu Vaccine Initiative For The Indigent Of Nyc, John M. Conry

Journal of Vincentian Social Action

Despite its position as a powerful country which offers the opportunity for state-of-the-art high-quality patient-centered care, many people within the U.S. do not have access to or cannot afford health care. The Urban Institute of the College of Pharmacy and Health Sciences at St. John’s University was successful in developing a community outreach initiative that provided free flu vaccines to an underserved indigent patient population in New York City in an effort to decrease their risk for flu-related morbidity and mortality.


From Mission To Scholarship: Welcome To Jovsa, Deanne A. Southwell, John M. Conry May 2016

From Mission To Scholarship: Welcome To Jovsa, Deanne A. Southwell, John M. Conry

Journal of Vincentian Social Action

St. Vincent de Paul’s devotion to addressing the needs of the poor is rooted in the foundation of a Vincentian education. As a Catholic and Vincentian institution, the University provides a distinctive, value-based education to its students. In addition to this proud tradition, the University continues to enhance its resources to address the needs of a transforming world. In 2008, the University created a new unit to highlight and strengthen the distinctiveness of its mission. The Vincentian Institute for Social Action was created as part of the University’s strategic plan, with a goal of broadening the Catholic and Vincentian mission …


Foreword: Twenty-Eighth Annual Corporate Law Symposium: Rethinking Compliance, Felix B. Chang May 2016

Foreword: Twenty-Eighth Annual Corporate Law Symposium: Rethinking Compliance, Felix B. Chang

Faculty Articles and Other Publications

The University of Cincinnati College of Law devoted its 28th Annual Corporate Law Center Symposium to compliance. It was a timely choice, coinciding not only with an explosion of sector regulation in recent years but also with shifting market realities for legal employment and legal education. The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) and the Patient Protection and Affordable Care Act are two prominent examples of major legislation that has added—and will continue to add—to compliance obligations for broad swathes of industries. Meanwhile, the financial crisis has spurred profound transformations in legal employment, including cutbacks in entry …


Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray Apr 2016

Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray

Touro Law Review

No abstract provided.


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.


Claremont I And Ii - Were They Rightly Decided, And Where Have They Left Us?, John M. Lewis, Stephen E. Borofsky Feb 2016

Claremont I And Ii - Were They Rightly Decided, And Where Have They Left Us?, John M. Lewis, Stephen E. Borofsky

The University of New Hampshire Law Review

[Excerpt] “Our children embody the enduring wonder of life. They hold our hopes for the future. We want them to be happy, to succeed in whatever they do both in work and in play. We want them to contribute to our country and the world in constructive ways.

But for these hopes to be realized our children must be educated-they must possess the requisite skills and knowledge to function well in this ever changing world. Yet, are we, as a society, meeting our responsibility to educate our children? What do we expect of our public schools? How important are these …


Faroosh And Elina, Faroosh, Elina, Tsos Jan 2016

Faroosh And Elina, Faroosh, Elina, Tsos

TSOS Interview Gallery

Faroosh was a cameraman for a private television program in Afghanistan working on a documentary about the Taliban. When he and his crew were discovered, the Taliban attacked them and he and his wife fled to Turkey, walking 12 hours to get there. Upon arrival the police arrested and harassed them. Turkey was not a safe place. After several suicide bombings in the area, they decided to move on to Greece, where they are in a refugee camp without any progress in their situation. They have no money to move forward and no ability to work and the economic situation …


Post-Graduate Legal Training: The Case For Tax-Exempt Programs, Philip Hackney, Adam Chodorow Jan 2016

Post-Graduate Legal Training: The Case For Tax-Exempt Programs, Philip Hackney, Adam Chodorow

Articles

The challenging job market for recent law school graduates has highlighted a fact well known to those familiar with legal education: A significant gap exists between what students learn in law school and what they need to be practice-ready lawyers. Legal employers historically assumed the task of providing real-world training, but they have become much less willing to do so. At the same time, a large numbers of Americans – and not just those living at or below the poverty line – are simply unable to afford lawyers. In this Article, we argue that post-graduate legal training, similar to post-graduate …


The History Of Inequality In Education And The Question Of Equality Versus Adequacy, Diana Carol Dominguez Jan 2016

The History Of Inequality In Education And The Question Of Equality Versus Adequacy, Diana Carol Dominguez

Honors Undergraduate Theses

Although the U.S. Constitution espouses equality, it clearly is not practiced in all aspects of life with education being a significant outlier. In the Declaration of Independence, Thomas Jefferson wrote about inalienable rights to life, liberty, and the pursuit of happiness. These two theories are related to education through educational adequacy and equality. Sufficientarianism, or educational adequacy, says that what is important is that everyone has “good enough” educational opportunities, but not the same ones. Egalitarianism, or educational equality, says that there is an intrinsic value in having the same educational opportunities and only having good enough opportunities misses something …


The Notion And Practice Of Reputation And Professional Identity In Social Networking: From K-12 Through Law School, Roberta Bobbie Studwell Jan 2016

The Notion And Practice Of Reputation And Professional Identity In Social Networking: From K-12 Through Law School, Roberta Bobbie Studwell

Faculty Scholarship

No abstract provided.


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, …


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 …