Digital Commons Network^™

Transformative Events In The Lgbtq Rights Movement, Ellen A. Andersen

Indiana Journal of Law and Social Equality

Obergefell v. Hodges, the 2015 Supreme Court case holding that same-sex couples had a constitutional right to marry under the Due Process Clause of the Fourteenth Amendment, was widely hailed in the media as a turning point for the LGBTQ rights movement. In this article, I contemplate the meaning of turning points. Social movement scholars have shown that specific events can, on rare occasion, alter the subsequent trajectory of a social movement. Such events have been termed ‘transformative events.’ I ask whether judicial decisions have the capacity to be transformative events and, if so, under what circumstances. I begin by …

State Of The Science Paper – Engaging Families, Brief Summary, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This brief summarizes a paper (State of the Science: Engaging Families, 2017) that explores the role of families in individuals’ employment outcomes through a scoping literature review, as well as findings from a qualitative study involving family members and individuals.

State Of The Science Paper – Delivering The Most Effective Employment Supports: Organizational Design And Capacity Building, Brief Summary, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This brief aims to share information learned from two studies: 1) interviews with employment consultants; and 2) a Delphi process to determine what characteristics are most critical for organizational transformation from facility-based to community-based integrated employment for people with IDD. The relationship between study findings will be explored and a relational model will be introduced.

Applying A Contingency Framework To Digital Forensic Processes In Cloud Based Acquisitions, Diane Barrett

Journal of Digital Forensics, Security and Law

The change in business models to incorporate a wide variety of cloud computing environments has resulted in the escalation of computer crimes in the areas of security breaches and hacking. Methods to acquire evidence in a cloud computing environment are limited due to the complexity of the cloud environment. Since digital acquisition processes in cloud computing environments are still in the infancy stages, there have been no studies in the application of existing frameworks to this type environment based on traditional forensic processes.

This paper describes a qualitative study conducted to develop a robust contingency framework for deciding when to …

International Tax Planning As A Business Driver, Robert A. Agresta

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Information Regulation Of Business Actors, Kishanthi Parella

Scholarly Articles

A transnational legal order (TLO) is emerging regarding the role of businesses in respecting human rights. This legal order includes multistakeholder initiatives, international organization recommendations and guidelines, NGO certifications, and other voluntary instruments. Many of the norms within this TLO are nonbinding and therefore lack mandatory compliance; what they may possess is persuasive power, particularly when the norms are developed, endorsed, and managed by reputable organizations. It is that reputational, or legitimacy, advantage that matters for encouraging industry associations to comply with the nonbinding norms associated with these organizations. Industry associations and other business actors will gravitate more towards legitimacy …

In Pursuit Of Good & Gold: Data Observations Of Employee Ownership & Impact Investment, Christopher Geczy, Jessica S. Jeffers, David K. Musto, Anne M. Tucker

Seattle University Law Review

A startup’s path to self-sustaining profitability is risky and hard, and most do not make it. Venture capital (VC) investors try to improve these odds with contractual terms that focus and sharpen employees’ incentives to pursue gold. If the employees and investors expect the startup to balance the goal of profitability with another goal—the goal of good—the risks are likely to both grow and multiply. They grow to the extent that profits are threatened, and they multiply to the extent that balancing competing goals adds a dimension to the incentive problem. In this Article, we explore contracting terms specific to …

Does "Precrime" Mesh With The Ideals Of U.S. Justice?: Implications For The Future Of Predictive Policing, Jackson Polansky, Henry F. Fradella

Cardozo Public Law, Policy & Ethics Journal

Both the short story and film Minority Report are premised on a Precrime unit that relies on the psychic abilities of human mutants who can predict the commission of crimes before they occur. Advances in technology suggest that the science fiction depicted in Minority Report may one day become a reality. This paper summarizes the ways in which the criminal justice system currently derives crime predictions and extrapolates from these methods how technology might one day allow police to intervene before crimes are committed with great regularity and accuracy. The paper contemplates how an actual precrime system would struggle to …

Police Union Contracts, Stephen Rushin

Duke Law Journal

This Article empirically demonstrates that police departments’ internal disciplinary procedures, often established through the collective bargaining process, can serve as barriers to officer accountability.

Policymakers have long relied on a handful of external legal mechanisms like the exclusionary rule, civil litigation, and criminal prosecution to incentivize reform in American police departments. In theory, these external legal mechanisms should increase the costs borne by police departments in cases of officer misconduct, forcing rational police supervisors to enact rigorous disciplinary procedures. But these external mechanisms have failed to bring about organizational change in local police departments. This Article argues that state labor …

Different States, Common Issues: Moving Mountains One Service At A Time., Suzzanne Freeze, Allison Hall, Stacy Collins, Duane Shumate, Cindy Thomas, Barbara Brent, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

No abstract provided.

Legacy Concepts: A Sociology Of Command In Central And Eastern Europe, Thomas-Durell Young

The US Army War College Quarterly: Parameters

No abstract provided.

Cycle Of Misconduct:How Chicago Has Repeatedly Failed To Police Its Police, Elizabeth J. Andonova

DePaul Journal for Social Justice

No abstract provided.

Innovation And Access To Justice: Addressing The Challenge Of A Diverse Justice Ecosystem, Nicole Aylwin, Martha E. Simmons

Articles & Book Chapters

Despite having been a mainstay topic of conversation for many years in the fields of business, technology, public administration and other specialized service sectors such as medicine, ‘innovation’ has only recently begun to infuse conversations in the justice sector. With the widespread recognition that globalization is disrupting traditional legal roles and organizational structures, that technology is poised to radically reconfigure how legal services are delivered, and that despite best efforts, the access to justice gap continues to grow in Canada, innovation – as both a noun and a verb - has become a talisman, poised to help address the challenges …

Pharmaceutical M&A Activity: Effects On Prices, Innovation, And Competition, Barak Richman, Will Mitchell, Elena Vidal, Kevin Schulman

Loyola University Chicago Law Journal

The rise of blockbuster pharmaceutical acquisitions has prompted fears that unprecedented market concentration will weaken competition. Two of the most prominent concerns focus on the upstream and downstream ends of the pharmaceutical industry: (1) the concern that these mergers will concentrate the market for discovery and will therefore lead to fewer discoveries; and (2) the concern that merging large marketing, sales, and distribution forces will strengthen the hands of select pharmaceutical manufacturers and weaken downstream competition. Having considered potential dynamic effects in the industry and conducted a series of preliminary interviews with knowledgeable observers, though, this Article argues that neither …

Aging Injunctions And The Legacy Of Institutional Reform Litigation, Jason Parkin

Elisabeth Haub School of Law Faculty Publications

Institutional reform litigation has been an enduring feature of the American legal system since the Supreme Court’s ruling in Brown v. Board of Education. The resulting injunctions have transformed countless bureaucracies notorious for resisting change, including public school systems, housing authorities, social services agencies, correctional facilities, and police departments. But these injunctions face an uncertain future. The Supreme Court has held that institutional reform injunctions must be easier to terminate than all other injunctions issued by the federal courts. Some institutional reform injunctions go unenforced or are forgotten entirely. Others expire due to sunset provisions. At the same time, doctrinal …

In Pursuit Of Good & Gold: Data Observations Of Employee Ownership & Impact Investment, Christopher Geczy, Jessica S. Jeffers, David K. Musto, Anne M. Tucker

Faculty Publications By Year

A startup's path to self-sustaining profitability is risky and hard, and most do not make it. Venture capital (VC) investors try to improve these odds with contractual terms that focus and sharpen employees' incentives to pursue gold. If the employees and investors expect the startup to balance the goal of profitability with another goal - the goal of good - the risks are likely to both grow and multiply. They grow to the extent that profits are threatened, and they multiply to the extent that balancing competing goals adds a dimension to the incentive problem. In this Article, we explore …

Engaging Families Effectively: Results From A Forums And Facebook Group Qualitative Research Study, John Kramer, Jennifer Bose, Eric Mcvay, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Attendees learned how families have modeled employment and advocated for their children to have early work experiences similar to those of their peers without disabilities. Attendees heard how the service system and families have tried to engage across language barriers and socioeconomic differences. The strategies that currently exist to inform families about transition and employment will be discussed, and juxtaposed to the common themes found throughout focus groups and interviews around what they proposed would be the best timing of engaging families about transition services, the best methods of disseminating transition process knowledge, the knowledge gaps, and the strategies that …

From Sheltered Work To Competitive Integrated Employment: Lessons From The Field (Bringing Employment First To Scale, Issue No. 11), Amie Lulinski, Jaimie Ciulla Timmons, Stephane Leblois, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Community providers across the nation are embracing the transformation from facility-based employment supports to competitive integrated employment. While many providers believe in inclusion and Employment First for the individuals they support, some struggle to make their vision a reality. The process of organizational transformation can seem daunting without an understanding of the full range of tactics and approaches available.

The Institute for Community Inclusion (ICI), in conjunction with The Arc of the United States, is conducting research to better understand the transformation process and to guide the development of tools and resources for providers seeking to transform their services. As …

Provider Organizational Transformation And Integrated Employment, Jaimie Ciulla Timmons, Wally Tablit, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This webinar was so popular, we decided to run it again! Provider agencies across the country are transitioning from segregated “sheltered” workshop options to supporting integrated community careers for people with disabilities. This process of organizational transformation can be both exciting and challenging for provider staff and the people they serve. In this webinar, ICI researcher Jaimie Timmons shared findings from the RRTC on Advancing Employment for People with Intellectual and Developmental Disabilities. Jaimie shared the results of a Delphi panel of experts who examined 6 characteristics considered essential for provider transformation. Wally Tablit from AtWork in Washington state co-presented …

Addressing Cultural Bias In The Legal Profession, Debra Chopp

Articles

Over the past two decades, there has been an outpouring of scholarship that explores the problem of implicit bias. Through this work, commentators have taken pains to define the phenomenon and to describe the ways in which it contributes to misunderstanding, discrimination, inequality, and more. This article addresses the role of implicit cultural bias in the delivery of legal services. Lawyers routinely represent clients with backgrounds and experiences that are vastly different from their own, and the fact of these differences can impede understanding, communication, and, ultimately, effective representation. While other professions, such as medicine and social work, have adopted …

Innovations In Oversight: Cities' Proactive Approaches To Fighting Corruption, Adoree Kim

Center for the Advancement of Public Integrity (Inactive)

In June 2017, CAPI presented the second installment of our signature conference, Global Cities II, which brought together anti-corruption leaders from government and civil society worldwide, including delegates from Bogotá, Cape Town, London, Melbourne, Miami, Montréal, New York, Paris, Rio de Janeiro, and San Francisco, to discuss important topics such as using data analytics to combat corruption, government transparency, enforcement challenges and victories, and innovations in oversight.

Best Practices In Municipal Oversight, Adoree Kim

Center for the Advancement of Public Integrity (Inactive)

In June 2017, CAPI hosted Global Cities II, a conference that brought together cities from around the world to discuss anti-corruption efforts and share ideas for how to solve common problems. One major topic of discussion was oversight. This practitioner toolkit was conceived out of a breakout session on the topic of oversight, during which nearly 30 integrity professionals from CAPI’s city delegations brainstormed about the most important features of successful municipal oversight bodies. The resulting list of the most important qualities for oversight offices formed the backbone of this toolkit on best practices for municipal oversight entities. The toolkit …

Police Union Contracts, Stephen Rushin

Faculty Publications & Other Works

This Article empirically demonstrates that police departments' internal disciplinary procedures, often established through the collective bargaining process, can serve as barriers to officer accountability.

Policymakers have long relied on a handful of external legal mechanisms like the exclusionary rule, civil litigation, and criminal prosecution to incentivize reform in American police departments. In theory, these external legal mechanisms should increase the costs borne by police departments in cases of officer misconduct, forcing rational police supervisors to enact rigorous disciplinary procedures. But these external mechanisms have failed to bring about organizational change in local police departments. This Article argues that state labor …

Police Officer Followership, Bradley W. Gronke

All Capstone Projects

The problem within the River Grove Police Department is that the majority of our leadership is getting close to retirement and there is minimal leadership training available for our patrol officers that will soon fill those leadership roles. Action research with the River Grove Police Department explored this problem. Utilizing a foundation of theoretical framework based upon followership, career development, and leader-member exchange three objectives were identified and accomplished through this research. This research identified that there was not a positive linear relationship between followership typology, age and years of experience groups. It also identified if there was a perception …

Moving Beyond "Wellness Does Not Work", Dennis G. Shea, Dennis Scanlon

Health Matrix: The Journal of Law-Medicine

The article focuses on the worksite wellness program (WWP) made by the employers for maintaining the industrial hygiene and also discusses the challenges faced by the employees in implementing the same in the U.S. Topics discussed include Pennsylvania State University's problematic effort in implementing a WWP.

Government Rule Compliance, Safety, And The Influence Of Regulation On Railroad Trainmen, Carlos Mendoza, Phd

Walden Dissertations and Doctoral Studies

Operational testing of railroad trainmen on federal government safety rules is a daily occurrence on every railroad in the United States. This constant testing and resulting discipline distracts trainmen from the task at hand, causing a loss of focus which could lead to injury or accidents. Using the social construction framework, this research sought to gain an understanding of trainmen's perception on how operational testing impacts their workplace safety, as well as how they perceive the U.S. federal government influences regulation and discipline. This phenomenological study investigated a segment of railroad employees, the trainmen, because they are operationally tested more …

Building Consensus Among General Counsel To Address Managerial Legal Strategy Perspectives, Evan Andrew Peterson

Walden Dissertations and Doctoral Studies

The research problem for this study focused on organizations' inability to derive strategic value from the law due to the lack of integration between legal strategy and business strategy. The purpose of this study was to build consensus among in-house general counsel working across business industries in the United States with regard to techniques that will alter unreceptive managerial viewpoints toward the strategic value of law within the corporate setting. The research question centered on assessing the level of consensus among general counsel relative to those techniques. This 3-round qualitative Delphi study began with open-ended questions in Round 1 and …

Structure And Service Delivery Approach Of The Children’S Bureau’S Resource Centers And Implementation Centers, Tammy Richards, Michelle Graef, Kathy Deserly, Peter Watson, Mark Ells

Center on Children, Families, and the Law: Faculty Publications

The Children’s Bureau (CB) provides a system of training and technical assistance (T/TA) to build the capacity of state and tribal child welfare systems, with the goal of improving outcomes for children and families. During the time period of 2008-2014, this infrastructure included ten National Child Welfare Resource Centers (NRCs), five Child Welfare Implementation Centers (ICs), and a Training and Technical Assistance Coordination Center (TTACC). Individual ICs and NRCs differed in structure and content expertise, yet they served the same jurisdictions and at times provided services concurrently. To increase cohesion and consistency, the NRCs, ICs, TTACC, and CB worked together …

Who Owns Human Capital?, Lily Kahng

Faculty Articles

This Article analyzes the tax law's capital income preference through the lens of intellectual capital, an increasingly important driver of economic productivity whose value derives primarily from workers' knowledge, experience and skills. The Article discusses how business owners increasingly are able to "propertize" labor into intellectual capital-to capture the returns on their workers' labor by embedding it in intellectual property and to restrict workers' ability to employ their skills and knowledge elsewhere. The Article then shows how the tax law provides significant subsidies to the process of propertization and thereby contributes to the inequitable distribution of returns between business owners …

Courts As Institutional Reformers: Bankruptcy And Public Law Litigation, Kathleen G. Noonan, Jonathan C. Lipson, William H. Simon

Faculty Scholarship

This article compares two spheres in which courts induce and oversee the restructuring of organizations that fail systematically to comply with their legal obligations: bankruptcy reorganization and public law litigation (civil rights or regulatory suits seeking structural remedies). The analogies between bankruptcy and public law litigation (PLL) have grown stronger in recent years as structural decrees have evolved away from highly specific directives to “framework” decrees designed to induce engagement with stakeholders and make performance transparent. We use the comparison with bankruptcy, where the value and legitimacy of judicial intervention are better understood and more accepted, to address prominent criticisms …