Digital Commons Network^™

How Culture Impacts Courtrooms: An Empirical Study Of Alienation And Detachment In The Cook County Court System, Maria Hawilo, Kat Albrecht, Meredith Martin Rountree, Thomas Geraghty

Journal of Criminal Law and Criminology

Courtrooms operate as unique microcosms—inhabited by courtroom personnel, legal actors, defendants, witnesses, family members, and community residents who necessarily interact with each other to conduct the day-to-day functions of justice. This Article argues that these interactions create a nuanced and salient courtroom culture that separates courtroom insiders from courtroom outsiders. The authors use the Cook County courts, specifically the George N. Leighton Courthouse at 2650 S California Avenue in Chicago, Illinois, to investigate courtroom culture and construct a thematic portrait of one of the largest criminal court systems in the United States. Using this newly constructed data source of rich …

Unhrc Resolution 26/9: Is A New International “Red Card” Enough To Keep Fifa And Others Accountable?, Griffin A. Clark

Chicago Journal of International Law

The lead-up to the 2022 FIFA World Cup in Qatar has generated significant controversy due to the host country’s exploitative labor system and sub-standard human rights record. While FIFA has not remained completely insulated from criticism for its involvement, the sport’s principal governing body has avoided all serious threats of liability for its connection to human rights violations associated with the 2022 World Cup. This immunity largely stems from limitations on domestic courts in adjudicating domestic corporations’ foreign business activities. Yet, the ongoing development of a new treaty under the U.N. offers a different approach to liability for transnational business …

Bargaining Sectoral Standards: Towards Canadian Fair Pay Agreement Legislation, Sara Slinn, Mark Rowlinson

All Papers

This paper considers the recently introduced New Zealand Fair Pay Agreement (FPA) sectoral bargaining framework and offers a preliminary series of ideas and proposals setting out how an FPA model for bargaining sectoral standards could work in Canada. It is intended as the beginning of a more detailed discussion on the development of an FPA regime culminating in model legislation that could be adapted to different Canadian jurisdictions. Guided by principles of accountability, integration, and inclusivity, this proposal is intended to apply to all workers in an employment relationship – including dependent contractors and gig and platform workers. The proposed …

Criminal Injustice, Edward Rubin

Vanderbilt Law School Faculty Publications

As its title suggests, Why the Innocent Plead Guilty and the Guilty Go Free is a wide-ranging critique of our criminal justice system. While it is hardly the first, it offers a number of distinctive insights. Most of the now voluminous work on this topic is written by scholars, policy analysts, or journalists and is addressed to the legislature or the executive. This certainly makes sense. External observers are well positioned to critique a system that punishes without purpose, and the major determinants of its dysfunction are the legislature that enacts the criminal law and the executive that enforces it. …

In Re The Walt Disney Co. Derivative Litigation Rewritten, Hillary A. Sale

Georgetown Law Faculty Publications and Other Works

In re The Walt Disney Co. Derivative Litigation is notable for upholding the broad latitude courts afford to boards through the business judgment rule. The case addressed a $130 million termination package delivered to former Disney CEO, Michael Ovitz, after fourteen months of underperformance at the company. This rewritten opinion, to be published in “Feminist Judgements: Rewritten Corporate Law,” (Kelli Alces Williams, Anne Choike, & Usha R. Rodrigues, eds.) (Cambridge Univ. Press, forthcoming 2022), follows the style of the Delaware Supreme Court and reaches the same outcome with a different approach. The opinion expounds on the corporate governance practices in …

Leading Law Schools: Relationships, Influence, And Negotiation, Michael T. Colatrella Jr.

McGeorge School of Law Scholarly Articles

No abstract provided.

Staff Perceptions On Organizational Change And Its Impact On Occupational Participation In Institutional Settings, Shelby Pearce, Susan Macdermott, Karen Park

Fall 2021 Virtual OTD Capstone Symposium

Background: Organizational change, primarily in institutional settings, is necessary to prevent institutionalization as well as to reach the goals of the organizations. To support these goals, institutional settings, such as correctional facilities, often use restrictive measures including occupational deprivation. As a profession, occupational therapy recognizes the importance of occupational participation for all persons in society, however there is a gap in knowledge on the importance of how to promote and/or educate other entities on successful change management in different institutional settings.

Purpose: The purpose of this study is to understand how organizational culture impacts occupational participation in institutional settings and …

Researching Administrative Law, Keith Lacy

Law Librarian Scholarship

Administrative law is a broad subject area concerning the laws and procedures governing administrative agencies. It also encompasses the substantive law produced by those agencies — most commonly in the form of regulations (rules) or agency decisions. This article highlights a few major resources for researching administrative law in the United States.

Bargaining For Integration, Shirley Lin

Faculty Scholarship

No abstract provided.

Structured To Fail: Lessons From The Trump Administration’S Faulty Pandemic Planning And Response, Alejandro E. Camacho, Robert L. Glicksman

Michigan Journal of Environmental & Administrative Law

The Trump Administration’s response to the COVID-19 pandemic is a stark reminder that poorly designed government can be a matter of life and death. This article explains how the Administration’s careless and delayed response to the crisis was made immeasurably worse by its confused and confusing reallocation of authority to perform or supervise tasks essential to reducing the virus’s ravages.

After exploring the rationale for and impact of prior federal reorganizations responding to public health crises, the article shows how a combination of unnecessary and unhelpful overlapping authority and a thoughtless mix of centralized and decentralized authority contributed to the …

Bargaining For Integration, Shirley Lin

Elisabeth Haub School of Law Faculty Publications

The Americans with Disabilities Act (ADA) requires employers to restructure exclusionary environments upon the request of their employees with disabilities so that they may continue working. Under a virtually unexamined aspect of the mandate, however, the parties must negotiate in good faith over every accommodation request. This “interactive process,” while decentralized and potentially universal, occurs on a private, individualized basis.

Although the very existence of the mandate has been heavily debated, the scholarship has yet to acknowledge that the ADA is actually ambivalent to individuals’ relative power to effect organizational change through bargaining. This Article is the first to critique …

Regulatory Competition And State Capacity, Martin W. Sybblis

William & Mary Business Law Review

This Article explores an underlying tension in the regulatory competition literature regarding why some jurisdictions are more attractive to firms than others. It pays special attention to offshore financial centers (OFCs). OFCs court the business of nonresidents, offer business friendly regulatory environments, and provide for minimal, if any, taxation on their customers. On the one extreme, OFCs are theorized as merely products of legislative capture— thereby lacking any meaningful agency of their own. On the other hand, OFCs are conceptualized as well-governed jurisdictions that attract investment because of the high quality of their laws and legal institutions—indicating some ability to …

“It’S Not Really Hate Crime” – Reframing Hate Crime As Not Police Business” – Police Narratives Of Resistance And Denial, Timothy Bryan, Lorretta Trickett

Journal of Hate Studies

Within a global pandemic and increased questioning of police utility and legitimacy around racism and violence against women and girls (VAWG), this article examines the gap between police policy and practices on hate crime. Based on research with police forces in Canada and the UK, it demonstrates how police officers view hate crime through a policing rather than victim-centred mandate. Without reframing hate crime as a public and community safety issue, hate crime policies and procedures designed to ‘take hate crime seriously’ are unlikely to do just that. Real ‘commitment’ is needed to tackle hate crime as part of the …

A Way Forward: Uf Race Scholars On Support, Obstacles, And The Need For Institutional Engagement, Katheryn Russell-Brown, Ryan Morini

UF Law Faculty Publications

This research project was designed to identify strategies and steps the University of Florida (UF) can take to more effectively support faculty whose work focuses on race or anti-racism. These steps can considerably strengthen UF’s foundations for scholarship on race, an imperative for a top-five public university that is also the state’s flagship academic institution. This report is based on interviews with and survey responses from UF faculty members whose scholarship focuses on issues of race or anti-racism. The 39 faculty members who participated in the study represent a broad range of disciplines and colleges, spanning arts, humanities, social sciences, …

Biden Administration U.S. Space Force Policy Literature, Bert Chapman

Libraries Faculty and Staff Presentations

Provides details on U.S. Space Force policy literature produced by the Biden Administration during its first eight months. Includes announcements that the Biden Administration will continue this new armed services branch begun during the Trump Administration. Features congressional testimony of Biden Administration officials such as Secretary of Defense Lloyd Wilson and Air Force Space Command leader General James Dickinson, the text of Space Force's 2021 Digital Force Vision document, congressionally approved FY 2022 space force budget figures, congressional committee comments and report requirements contained in emerging defense spending legislation, the emergence of collaboration between Space Force and universities such as …

Automation: Creative Destruction And The Race For Equilibrium, Dustin Rabi

Journal of the National Association of Administrative Law Judiciary

The inevitable transition to an automation-driven workforce, economy, and society is generating excitement in some and discomfort in others. Researchers have estimated that anywhere between 10—50% of today’s jobs are susceptible to automation. Furthermore, private firms are highly incentivized to adopt new technologies as a way to remain competitive in their respective markets. In anticipation of this potential economic paradigm shift, Congress requested the U.S. Government Accountability Office (GAO) to obtain more ascertainable data as to what is currently understood about how the adoption of advanced technologies will affect the U.S. workforce. Nine months after the report was published, on …

The $2 Billion-Plus Price Of Injustice: A Methodological Map For Police Reform In The George Floyd Era, David Schultz

Minnesota Journal of Law & Inequality

No abstract provided.

An Empirical Analysis Of The Racial/Ethnic And Sex Differences In Nypd Stop-And-Frisk Practices, Henry F. Fradella, Weston J. Morrow, Michael D. White

Nevada Law Journal

No abstract provided.

An Overlooked Dimension To Oira Review Of Tax Regulatory Actions, Kristin E. Hickman

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

In April 2018, the Treasury Department and the Office of Information and Regulatory Affairs (OIRA) signed a Memorandum of Agreement reversing an exemption and providing for the first time that significant tax regulatory actions would be subject to OIRA review under Executive Order 12866. The transition to the Biden administration has raised questions whether the Memorandum of Agreement should be reversed and most tax rules and regulations again exempted from OIRA review. Critiques of OIRA review in the tax context generally focus on disagreements over whether the benefit-cost analysis required by Executive Order 12866 is useful or should rely on …

Why Impoverished Discourse Gets A Slap On The Wrist: The Causes And Challenges Of Sexual Harassment Of Women In The Legal Profession, Kylene Slocum

DePaul Journal for Social Justice

No abstract provided.

Medical Volunteers During Pandemics, Disasters, And Other Emergencies: Management Best Practices, John I. Winn, Seth Chatfield, Kevin H. Govern

Seattle Journal of Technology, Environmental, & Innovation Law

How best to utilize volunteers^[1] during medical emergencies is an essential part of hospital compliance planning. Onboarding recruited and spontaneous volunteers during crisis situations require careful consideration of multiple legal issues. Volunteer planning becomes more complex if volunteers move across state lines because applicable tort immunity statutes,^[2] compensation limits,^[3]and workers compensation regimes vary significantly from one jurisdiction to another. Effective planning for volunteers requires these and other issues to be addressed well in advance of actual emergencies. Although predicting the scope or severity of any future crisis is impossible, the provided checklist of management best practices …

Police Arbitration, Stephen Rushin

Vanderbilt Law Review

Before punishing an officer for professional misconduct, police departments often provide the officer with an opportunity to file an appeal. In many police departments, this appeals process culminates in a hearing before an arbitrator. While numerous media reports have suggested that arbitrators regularly overturn or reduce discipline, little legal research has comprehensively examined the outcomes of police disciplinary appeals across the United States.

In order to better understand the use of arbitration in police disciplinary appeals and build on prior research, this Article draws on a dataset of 624 arbitration awards issued between 2006 and 2020 from a diverse range …

Local Land Use Power: Managing Human Settlements To Mitigate Climate Change, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Local land use law has evolved into a flexible and powerful technique for achieving sustainable development. This Article, adapted from Chapter 3 of Choosing to Succeed: Land Use Law & Climate Control (ELI Press 2021), looks at the authority and strategies that enable municipalities to lower their carbon footprint. It describes and analyzes many methods, both traditional and innovative, to use the power of local governments to reshape human settlements to mitigate climate change. The Article demonstrates that land use regulation can be retooled to greatly reduce or capture urban carbon emissions, and posits that mitigation efforts can lead to …

Adopting Doi In Legal Citation: A Roadmap For The Legal Academy, Valeri Craigle

Utah Law Faculty Scholarship

A Digital Object Identifier (DOI) is a unique string of numbers, letters, and symbols used to identify web-based information assets such as articles, multimedia items, and datasets. A digital object minted with a DOI will be persistently discoverable through this identifier, as long as it lives on the Web.

DOIs are already ubiquitous in citations in the medical and scientific literature, primarily because the discovery of, access to, and linkages between the scholarship in these disciplines happens almost exclusively online. As is true with most content on the web, scholarly content in the sciences is published on multiple platforms and …

Regulating Sustainable Finance In Capital Markets: A Perspective From Socially Embedded Decentered Regulation, Iris H-Y Chiu

Law and Contemporary Problems

No abstract provided.

A Faustian Bargain That Undermines Research Participants’ Privacy Rights And Return Of Results, Barbara J. Evans, Susan M. Wolf

Florida Law Review

A 2018 committee report published by the highly respected National Academies of Science, Engineering, and Medicine (the Report) recommends stripping research participants of crucial data privacy rights and discarding decades of carefully deliberated consensus guidelines for the ethical return of results and data from research. This Article traces these disturbing recommendations to three root causes: (1) a statement of task that blocked careful and impartial analysis of a disputed legal matter central to the Report; (2) a piecemeal legal analysis that omitted relevant strands of law; and (3) the inappropriate conflation of two distinct concepts—the return of individual research results …

A Case For The Potential For Destabilization As A Threshold Criterion To The Use Of Military Action By States Under The Doctrine Of Humanitarian Intervention, Richard A.C. Alton, Jason Reed Struble

University of Miami Inter-American Law Review

No abstract provided.

Police Reform Through A Power Lens, Jocelyn Simonson

Faculty Scholarship

No abstract provided.

Law School Dean Wanted: A Woman For All Reasons, Susan Hanley Duncan, Karen Lott, Catherine Pettis

Villanova Law Review (1956 - )

No abstract provided.

Transformational Leadership, Conflict Management Style, And Job Satisfaction In Law Enforcement, Giuseppe Alise

Seton Hall University Dissertations and Theses (ETDs)

Abstract

Effective leaders are essential for any organization, including law enforcement. Police work is not free from the challenges of leadership, confronted with its own unique challenges, including developing ways to adapt to rapid change and continually having to adjust to various political and environmental factors.

This research is an in-depth examination of how transformational leadership and conflict management style drive job satisfaction in law enforcement. The goal is to determine whether employee satisfaction achieved through transformational leadership is, in fact, largely the result of how leadership handles conflict. The idea is to disentangle the relationship between transformational leadership and …