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Full-Text Articles in Social and Behavioral Sciences

The Sue-And-Settle Phenomenon: Its Impact On The Law, Agency, And Society, Katie L. Colton May 2019

The Sue-And-Settle Phenomenon: Its Impact On The Law, Agency, And Society, Katie L. Colton

All Graduate Theses and Dissertations

Sue-and-settle is the name applied to a federal agency’s use of litigation to create policy outside of the normal regulatory process. This paper discusses the impact that the sue-and-settle policy has had on Congress, the judiciary, and the Environmental Protection Agency. Specifically, this paper will discuss the issues caused by the perception of collusion within the sue-and-settle policy. First, this paper examines whether a relationship occurs between the litigants. The paper then discusses whether the relationship between the litigants in sue-and-settle cases tends to be collusive or not. The second part of the paper examines how Congress, the Environmental ...


Analog To Digital Preservation Of The “Women Trailblazers In The Law” Oral History Project, Camelia Naranch, Carol Wilson Apr 2019

Analog To Digital Preservation Of The “Women Trailblazers In The Law” Oral History Project, Camelia Naranch, Carol Wilson

Digital Initiatives Symposium

In November 2018, Stanford Law School Library unveiled to the public an online exhibit of more than 100 oral histories of American women lawyers, scholars, judges, and government officials who helped diversify the legal profession in the late twentieth century. Called the “Women Trailblazers in the Law” Oral History Project, it is a collaboration between Stanford Law School Library and the American Bar Association. Our presentation discusses the details of the analog to digital preservation process, whereby the physical collection was converted into digital formats suitable for long term archival storage as well as online access for the general public ...


Spring 2019 Newsletter: The Docket, Emma M. Wood Apr 2019

Spring 2019 Newsletter: The Docket, Emma M. Wood

Law Library Newsletter

Copy of the Spring 2019 issue of the UMass Law Library Newsletter, The Docket.


Digitizing The Brooker Collection: From Dower To The Dow, Laurel Davis Apr 2019

Digitizing The Brooker Collection: From Dower To The Dow, Laurel Davis

Rare Book Room Exhibition Programs

Exhibition program from a Spring 2019 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit focused on the Robert E. Brooker collection of land use documents and marked the completion of a project to digitize those documents


Developing A Culturally Competent Legal Research Curriculum, Shamika Dalton, Clanitra Stewart Nejdl Mar 2019

Developing A Culturally Competent Legal Research Curriculum, Shamika Dalton, Clanitra Stewart Nejdl

Shamika Dalton

No abstract provided.


Helping Experimental Psychology Affect Legal Policy, Gary L. Wells Mar 2019

Helping Experimental Psychology Affect Legal Policy, Gary L. Wells

Gary L. Wells

Any scientific psychologist who has interacted extensively with police, lawyers, or trial judges has learned that scientific psychology and the legal system are very different beasts. The differences run much deeper than mere language and instead represent different types of thinking-a clash of cultures. This clash is particularly apparent when psychologists attempt to use research findings to affect legal policies and practices. In order for scientific psychologists to work effectively in applying psychological science to the legal system, they will need to develop a better understanding of the concept of policy and the contingencies that exist for policymakers.


Supplemental Report On The Legal Needs Of Oregonian Seasonal Farmworkers, Aaron Roussell, Barbara Imle, Gisela Rodriguez Fernandez, Wynn Strange Mar 2019

Supplemental Report On The Legal Needs Of Oregonian Seasonal Farmworkers, Aaron Roussell, Barbara Imle, Gisela Rodriguez Fernandez, Wynn Strange

Aaron Roussell

No abstract provided.


Reclaiming The Intellectual, Emily M.S. Houh Mar 2019

Reclaiming The Intellectual, Emily M.S. Houh

Ohio Northern University Law Review

No abstract provided.


Supporting Employment Consultants In Their Work With Job Seekers. A Longitudinal Study, Alberto Migliore, John Butterworth, Oliver Lyons, Kelly Nye-Lengerman, Paul Foos Mar 2019

Supporting Employment Consultants In Their Work With Job Seekers. A Longitudinal Study, Alberto Migliore, John Butterworth, Oliver Lyons, Kelly Nye-Lengerman, Paul Foos

John Butterworth

BACKGROUND: A key step for increasing the employment outcomes of job seekers with disabilities includes ensuring that employment consultants who assist them have the tools to succeed, including feedback about how they are performing. OBJECTIVE: Supporting employment consultants in their work with job seekers by providing feedback about the implementation of the support strategies recommended in the literature. METHODS: Sixty-one employment consultants completed a daily survey for one year, on their smartphones. RESULTS: Providing supports that lead to hire represented 30% of the employment consultants’ work time. When providing supports that lead to hire, most of the primary interactions were ...


Services For People With Intellectual And/Or Developmental Disabilities In The U.S. Territories, John Butterworth Mar 2019

Services For People With Intellectual And/Or Developmental Disabilities In The U.S. Territories, John Butterworth

John Butterworth

The following report represents an expansion of the data collection activities mandated by a 2012 Administration of Intellectual and Developmental Disabilities (AIDD) Funding Opportunity Announcement (FOA). Prior to 2012, the AIDD funded data projects, Access to Integrated Employment, Family and Individual Information Systems project (FISP), Residential Information Systems Project (RISP) and the State of the States in Developmental Disabilities only collected data from the 50 states and the District of Columbia. The 2012 FOA requested that three of the AIDD data projects work together to include the five U.S. Territories (American Samoa and the Commonwealth of the Northern Marianas ...


Ten Myths Around Open Scholarly Publishing, Jonathan P. Tennant, Harry Crane, Tom Crick, Jacinto Davila, Asura Enkhbayar, Johanna Havemann, Bianca Kramer, Ryan Martin, Paola Masuzzo, Andy Nobes, Curt Rice, Bárbara R. López, Tony Ross-Hellauer, Susanne Sattler, Paul Thacker, Marc Vanholsbeeck Mar 2019

Ten Myths Around Open Scholarly Publishing, Jonathan P. Tennant, Harry Crane, Tom Crick, Jacinto Davila, Asura Enkhbayar, Johanna Havemann, Bianca Kramer, Ryan Martin, Paola Masuzzo, Andy Nobes, Curt Rice, Bárbara R. López, Tony Ross-Hellauer, Susanne Sattler, Paul Thacker, Marc Vanholsbeeck

Copyright, Fair Use, Scholarly Communication, etc.

The changing world of scholarly communication and the emergence of ‘Open Science’ or ‘Open Research’ has brought to light a number of controversial and hotly-debated topics. Yet, evidence-based rational debate is regularly drowned out by misinformed or exaggerated rhetoric, which does not benefit the evolving system of scholarly communication. The aim of this article is to provide a baseline evidence framework for ten of the most contested topics, in order to help frame and move forward discussions, practices and policies. We address preprints and scooping, the practice of copyright transfer, the function of peer review, and the legitimacy of ‘global ...


Alamat Apotik Tempat Jual Obat Aborsi Tegal 0821-4917-6664 Obat Penggugur Kandungan Cytotec, Obat Aborsi Batam Mar 2019

Alamat Apotik Tempat Jual Obat Aborsi Tegal 0821-4917-6664 Obat Penggugur Kandungan Cytotec, Obat Aborsi Batam

Jual Obat Aborsi Area kota Daerah Wilayah Jawa Tengah

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Platforms And The Rule Of Reason: The American Express Case, Herbert J. Hovenkamp Mar 2019

Platforms And The Rule Of Reason: The American Express Case, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

In Ohio v. American Express Co., the Supreme Court applied antitrust’s rule of reason to a two-sided platform. The challenge was to an “anti-steering” rule, a vertical restraint preventing merchants from shifting customers who offered an AmEx card from to a less costly alternative such as Visa or Mastercard.

A two-sided platform is a business that depends on relationships between two different, noncompeting groups of transaction partners. For example, a printed periodical such as a newspaper earns revenue by selling both advertising and subscriptions to the paper itself. Success depends on a platform’s ability to maintain the appropriate ...


Reasons For Vaccine Declination In Healthy Individuals Attending An International Vaccine And Travel Clinic, Timothy L. Wiemken, Julio A. Ramirez, Ruth M. Carrico Mar 2019

Reasons For Vaccine Declination In Healthy Individuals Attending An International Vaccine And Travel Clinic, Timothy L. Wiemken, Julio A. Ramirez, Ruth M. Carrico

Journal of Refugee & Global Health

Little is known about the vaccine-related health behaviors of healthy individuals. We surveyed healthy individuals attending a vaccine center to define the reasons behind vaccine declination when the vaccine is warranted under current guidance. Declination due to perceived risks of the vaccines were by far the most common rationale, suggesting continued need for public health educational campaigns.


2003 - California Bulletin 118 - Update Mar 2019

2003 - California Bulletin 118 - Update

Miscellaneous Documents and Reports

This is an update of the California Bulletin 118. The California Department of Water Resources (DWR) recognized the need for collection, summary, and evaluation of groundwater data as tools in planning optimal use of the groundwater resource. Bulletin 118 presents the results of groundwater basin evaluations in California. The Bulletin 118 series was preceded by Water Quality Investigations Report No. 3, Ground Water Basins in California (referred to in this bulletin as Report No. 3), published in 1952 by the Department of Public Works, Division of Water Resources (the predecessor of DWR). The purpose of Report No. 3 was to ...


2011 - Published Government Sources Relating To American Indians Mar 2019

2011 - Published Government Sources Relating To American Indians

Miscellaneous Federal Documents & Reports

A U.S. National Archives and Records Administration publication regarding government sources that contain information on Federal policy toward Native Americans, overviews of Indian wars, and reports of Indian agents.


Revenge Pornography: An Analysis Of Privacy, Obscenity, And The First Amendment, Kamrin Baker Mar 2019

Revenge Pornography: An Analysis Of Privacy, Obscenity, And The First Amendment, Kamrin Baker

Student Research and Creative Activity Fair

An important issue in modern communication law and policy is the emergence of harassment via the Internet and social media. One form of such harassment is revenge pornography, the sharing of sexual images or videos without the consent of the individual depicted, usually at the hands of an ex-lover. In punishing the posters and purveyors of revenge pornography, perpetrators are often convicted of unrelated crimes such as identify theft or fraud, furthering the silence of revenge pornography. This new challenge in law raises some serious questions about the intersections of obscenity, privacy and the First Amendment in the effort to ...


The Utility Of Direct Questions In Eliciting Subjective Content From Children Disclosing Sexual Abuse, Stacia N. Stolzenberg, Shanna Williams, Kelly Mcwilliams, Catherine Liang, Thomas D. Lyon Mar 2019

The Utility Of Direct Questions In Eliciting Subjective Content From Children Disclosing Sexual Abuse, Stacia N. Stolzenberg, Shanna Williams, Kelly Mcwilliams, Catherine Liang, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Background: Children alleging sexual abuse rarely exhibit emotion when disclosing, but they may be able to describe their subjective reactions to abuse if asked.

Objective: This study examined the extent to which different types of questions in child sexual abuse interviews elicited subjective content, namely emotional reactions, cognitive content, and physical sensations.

Participants and Setting: The study included transcripts of 205 Child Advocacy Center interviews with 4- to 12-year-old children alleging sexual abuse.

Methods: We coded questions for question type, distinguishing among invitations, wh- questions, yes/no and forced-choice questions, and suggestive questions. We coded both questions and answers for ...


Thoughts On Patents And Information Literacy, Dave Zwicky Mar 2019

Thoughts On Patents And Information Literacy, Dave Zwicky

Journal of the Patent and Trademark Resource Center Association

Patents are an under-used information source, in part because of an often-narrow focus by patent librarians on the tools and techniques of patentability searching. This approach can ignore a range of potential applications of patent information, using patents in their contexts as technical, design, historical, legal, and commercial documents. This paper suggests the adoption of a flexible approach, viewing patents and patent information in the greater context of information literacy, including that of the Association of College and Research Libraries’ Framework for Information Literacy for Higher Education, more commonly known as the ACRL Framework.


2016 - California Land Use And Management - A Resource Management Strategy Of The California Water Plan Mar 2019

2016 - California Land Use And Management - A Resource Management Strategy Of The California Water Plan

Miscellaneous Documents and Reports

Land use planning and management cuts across many resource management strategies. More efficient and effective land use is linked to several resource management strategies including watershed, water use efficiency, groundwater quality, flood management, parks and recreation, climate change adaptive management and agricultural lands stewardship. Directly development away from agricultural lands permits multi-objective management of these lands for agricultural preservation, floodplain management, water quality, habitat conservation, and sustainable development. In addition, planning for more compact and sustainable communities, both urban and rural, will assist in reducing reliance on the state-s water supply, and result in more efficient use of California’s ...


2018 - California Water Plan Update - Public Review Draft Mar 2019

2018 - California Water Plan Update - Public Review Draft

Miscellaneous Documents and Reports

California Water Plan Update 2018 provides recommended actions, funding scenarios, and an investment strategy to bolster efforts by water and resource managers, planners, and decision-makers to overcome California’s most pressing water resource challenges. It builds on progress made in California Water Plan Update 2013; reaffirms State government’s unique role and commitment to sustainable, equitable, long-term water resource management; and introduces implementation tools to inform sound decision-making.


2016 - Agricultural Lands Stewardship Mar 2019

2016 - Agricultural Lands Stewardship

Miscellaneous Documents and Reports

The agricultural lands stewardship strategy (ALS) focuses primarily on private land in agriculture including cultivated land and rangeland. Agricultural land in California comprises about 31.6 million acres. Agricultural systems in California are varied in the way resources are used, ranging from intensive conventional agriculture (irrigated crop cultivation) to more extensive systems such as livestock grazing, each with a different relationship to natural resources. They also affect and are affected by surface hydrology and groundwater recharge in different ways. Stewardship of this land requires constant balancing among natural constraints, market forces, and ever-changing social expectations. Institutions and policies have been ...


The New Titans Of Wall Street: A Theoretical Framework For Passive Investors, Jill E. Fisch, Asaf Hamdani, Steven Davidoff Solomon Mar 2019

The New Titans Of Wall Street: A Theoretical Framework For Passive Investors, Jill E. Fisch, Asaf Hamdani, Steven Davidoff Solomon

Faculty Scholarship at Penn Law

Passive investors — ETFs and index funds — are the most important development in modern day capital markets, dictating trillions of dollars in capital flows and increasingly owning much of corporate America. Neither the business model of passive funds, nor the way that they engage with their portfolio companies, however, is well understood, and misperceptions of both have led some commentators to call for passive investors to be subject to increased regulation and even disenfranchisement. Specifically, this literature takes a narrow view both of the market in which passive investors compete to manage customer funds and of passive investors’ participation in the ...


Copyright And The Music Modernization Act, Eric Harbeson Mar 2019

Copyright And The Music Modernization Act, Eric Harbeson

American Music Research Center Faculty Contributions

The Music Modernization Act of 2018 is the most significant update to U.S. copyright law in many decades. Title 2 of the Act provides a long-needed, if imperfect, solution to a longstanding problem surrounding recordings fixed before Feb. 15, 1972. The article provides a summary of the key provisions in the new act, and how they may affect the work of archivists.


Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond Mar 2019

Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Mitigations: The Forgotten Side Of The Proportionality Principle, Paul H. Robinson Feb 2019

Mitigations: The Forgotten Side Of The Proportionality Principle, Paul H. Robinson

Faculty Scholarship at Penn Law

In the first change to the Model Penal Code since its promulgation in 1962, the American Law Institute in 2017 set blameworthiness proportionality as the dominant distributive principle for criminal punishment. Empirical studies suggest that this is in fact the principle that ordinary people use in assessing proper punishment. Its adoption as the governing distributive principle makes good sense because it promotes not only the classic desert retributivism of moral philosophers but also crime-control utilitarianism, by enhancing the criminal law’s moral credibility with the community and thereby promoting deference, compliance, acquiescence, and internalization of its norms, rather than suffering ...


New Standards For An Old Problem: The Role Of The Federal Communications Commission In Fulfilling Space Policy Directive-3, Michael S. Dodge Feb 2019

New Standards For An Old Problem: The Role Of The Federal Communications Commission In Fulfilling Space Policy Directive-3, Michael S. Dodge

Space Traffic Management Conference

The recent Space Policy Directive-3, issued on June 18th, 2018, commands several sectors of the federal executive apparatus to reassess their current and future efforts to address space traffic management and space situational awareness issues. The reasons for this Directive can be boiled down to the belief that the continued use of the orbital realm depends on responsible management, which in turn depends on myriad factors that include the development of new technologies, the refinement of data gathering, and the clarification of governmental operational roles. In particular, the Directive calls for enhanced standardization of safety and best practices, and ...


1861 - Drake's Complication Of Spanish Grants Feb 2019

1861 - Drake's Complication Of Spanish Grants

Miscellaneous Documents and Reports

An 1861 publication compiled by Eugene B. Drake containing Jimeno's and Hartnell's indexes of Mexican land concessions, from 1830 to 1846; the Toma de Razon, or, registry of titles, for 1844-'45; approvals of land grants by the Territorial Deputation and Departmental Assembly of California, from 1835 to 1846, and a list of unclaimed grants. The compilation of indices was compiled from the Spanish archives in the U.S. Surveyor-general's office.


1971 - Kappler's Indian Affairs - Laws And Treaties, Vol Vii Feb 2019

1971 - Kappler's Indian Affairs - Laws And Treaties, Vol Vii

US and Indian Relations

In addition to the new material published found in Volume VI published in 1970 that included all treaties, laws, executive orders and regulations relating to Indian affairs in force on September 1, 1967, the five earlier volumes (1904-1941) were reprinted in Volume VII, as they were difficult to find, in their entirety except that in Volume IV, a 1928 edition of Title 25 of the United States Code was omitted, as were duplicate indexes to Volumes I, II and III.


1941- Indian Affairs - Laws And Treaties, Laws Vol V, Charles J. Kappler Feb 2019

1941- Indian Affairs - Laws And Treaties, Laws Vol V, Charles J. Kappler

US and Indian Relations

Volume V contains all Indian laws passed from March 4, 1927, to the end of the Seventy-fifth Congress on June 29, 1938. During this period a large quantity of important Indian legislation was enacted by Congress, including the so-called Wheeler-Howard Act; and many Executive orders and proclamations were issued by the President pertaining to Indian tribes and reservations. Several relevant unratified treaties and agreements with Indian tribes, in whose behalf legislation was enacted or is pending in Congress or whose cases are pending in the Court of Claims, were included in this volume. Also included were a number of leading ...