Digital Commons Network^™

Experimenting With Alternative Dispute Resolution As A Means For Peaceful Resolution Of Interest Labor Disputes In Public Healthcare—A Case Study , Mordehai (Moti) Mironi

Law and Contemporary Problems

Mironi examines the dispute between the Israel Medical Association and the Israeli government. Drawing upon in-depth interviews with the arbitrators and the parties' representatives and counsels, as well as upon the extensive litigation and transcripts of the arbitration proceedings and award, the process-oriented aspects of the arbitration are emphasized. The disputes between the IMA and the government have never been only about money, but also have been about voice, the future status of public healthcare, and the doctors' professional quality of life.

Using The Law To Support Work/Life Issues:The Australian Experience, Juliet Bourke

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Open Service And Our Allies: A Report On The Inclusion Of Openly Gay And Lesbian Servicemembers In U.S. Allies' Armed Forces, Suzanne B. Goldberg

William & Mary Journal of Race, Gender, and Social Justice

In the wake of the Obama Administration’s pledge to repeal
“Don’t Ask, Don’t Tell” in the United States, the Columbia Law
School Sexuality & Gender Law Clinic undertook a review of how
allies of the United States moved from a policy of banning gay and
lesbian servicemembers from serving in the armed forces to a policy
of allowing these servicemembers to serve openly (“open service”).
In documenting this review, this report aims to provide information
about the decision to implement open service and the mechanics of
the transition to open service in Australia, Canada, Israel, and the
United Kingdom. In …

How The Law Mattered To The Mono Lake Ecosystem, Sherry A. Enzler

William & Mary Environmental Law and Policy Review

The 2005 Millennium Ecosystem Assessment Board reported
unprecedented degradation of ecosystems and the services they provide
to human well-being which, if allowed to continue, would adversely affect
human health, security, and welfare. Our environmental legal authorities,
however, are not designed to protect the health of our nation’s ecosystems,
focusing instead on clean air, clean land, and clean water as a
single medium, often referred to as the silo approach to environmental
protection. Protecting ecosystems requires a systemic approach to the
environment in both policy and law; this in turn requires a change in our
approach to environmental protection. How do …

In Memoriam: Fred C. Zacharias, Russell K. Osgood

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Ducks And Decoys: Revisiting The Exit-Voice-Loyalty Framework In Assessing The Impact Of A Workplace Dispute Resolution System, Zev J. Eigen, Adam Seth Litwin

Faculty Working Papers

Until now, empirical research has been unable to reliably identify the impact of organizational dispute resolution systems (DRSs) on the workforce at large, in part because of the dearth of data tracking employee perceptions pre- and post- implementation. This study begins to fill this major gap by exploiting survey data from a single, geographically-expansive, US firm with well over 100,000 employees in over a thousand locations. The research design allows us to examine employment relations and human resource (HR) measures, namely, perceptions of justice, organizational commitment, and perceived legal compliance, in the same locations before and after the implementation of …

Sex Equality's Unnamed Nemesis, Veronica Percia

Michigan Journal of Gender & Law

Sex inequality still exists. However, its manifestations have evolved since the early sex inequality cases were heard in courts and legislatures first began structuring statutory regimes to combat it. In particular, so-called "facial" discrimination against men and women on the basis of sex has no doubt decreased since the advent of this legal assault on sex inequality. Yet the gendered assumptions that structure our institutions and interactions have proven resilient. With sex discrimination now operating more covertly, the problem of sex inequality looks considerably different than it once did. Courts, however, have failed to successfully respond to the changing contours …

Sustaining Reform Efforts At The Sec: A Progress Report, Joan Macleod Heminway

Scholarly Works

Many recent articles written by U.S. legal practitioners and law scholars in the wake of the financial crisis address regulatory reforms included in or omitted from the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) and related agency initiatives. In contrast, this article focuses on institutional reforms - specifically those instituted at the U.S. Securities and Exchange Commission (SEC) since President Barack Obama took office in January 2009.

In an article published in the Villanova Law Review last year, I assessed the early reform efforts at the SEC in the Obama era from the vantage point of change …

Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles

UIC Law Review

No abstract provided.

Punctuated Equilibrium: A Model For Administrative Evolution, Mark Niles

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Women, Decision Making And Sustainability: Exploring The Experience Of The Badi Foundation In Rural China, Lori Noguchi, Shahla Ali

UC Law SF Journal on Gender and Justice

This Report follows the experience of the Badi Foundation, a nonprofit organization operating in rural China, in its efforts to release women's potential to effect change in their communities. Numerous international conferences and treaties have recognized that female decision making is essential to achieve global environmental change and sustainable development. Recent scholarship recognizes that women are oftoverlooked sources for knowledge, skills, and leadership. Project-based efforts to empower and encourage women to participate in problem solving and other decision making in their communities have produced positive results. Through the Badi Foundation's Environmental Action Program (EAP), rural women gain the skills they …

Strategies For An Employee Role In Corporate Governance, Brett Mcdonnell

Articles

One way to make U.S. corporations more sustainable is to broaden the group of stakeholders whose interests are considered in making decisions. This Essay evaluates a number of possible strategies for creating a role for employees in corporate governance. The strategies include: Using areas other than business association law to enhance the legal rights of individual employees; Encouraging officer or director power, hoping that officers and directors will side with employees and other interests more than shareholders; Encouraging shareholder power, hoping that employees agree with shareholders on the need to keep managers accountable; Supporting unions as a source of countervailing …

Common Procedural And Jurisdictional Pitfalls To Avoid In Practicing Before The Arkansas Supreme Court, Megan Hargraves

University of Arkansas at Little Rock Law Review

No abstract provided.

Some Thoughts On The State Of Women Lawyers And Why Title Vii Has Not Worked For Them, Theresa M. Beiner

Law Faculty Scholarship

This essay discusses why women lawyers have not been as successful in large firms in spite of graduating from law school in large numbers over the last twenty years. It begins by giving a snapshot of the state of women lawyers, including women lawyers of color. It includes stories and studies of women’s struggles at these firms. It also describes why Title VII has not worked to solve the problems associated with being a successful woman in a law firm. Finally, it suggests some potential solutions that may help women be more successful in these environments.

Contracts Meet Henry Ford, Barak Richman

Hofstra Law Review

Legal scholars and legal educators view contracts as a welfare-maximizing (or optimal risk-allocating) device for two or more parties. Because we cling to this principal-driven paradigm, we think of lawyers only as the proverbial “transaction cost engineers,” the loyal agents of parties to a transaction. And whenever we observe contracts that appear to be suboptimal, we blame agency costs.

We instead should apply the literature on organizational economics to understand the production of contracts by the modern law firm. This literature better illustrates how law firms organize, why they produce the products they do, and why those products sometimes exhibit …

Full Participation: Building The Architecture For Diversity And Public Engagement In Higher Education, Susan P. Sturm, Timothy Eatman, John Saltmarsh, Adam Bush

Faculty Scholarship

This catalyst paper offers a conceptual framework for connecting a set of conversations about change in higher education that often proceed separately but need to be brought together to gain traction within both the institutional and national policy arenas. By offering a framework to integrate projects and people working under the umbrella of equity, diversity, and inclusion with those working under the umbrella of community, public, and civic engagement, we aim to integrate both of these change agendas with efforts on campus to address the access and success of traditionally underserved students. We also hope to connect efforts targeting students, …

Partner Capture In Public International Organizations, Christopher G. Bradley

Law Faculty Scholarly Articles

A sharp rise of public-private partnerships is changing the way the United Nations and other public international organizations work. Organizations eagerly embrace wealthy, experienced partners, such as major foundations and corporations, in order to fund ambitious projects. But safeguards against potential problems have not kept pace with partnership activities. Looking to fundamental principles of public choice and political economy well-known in the U.S. administrative law context, this Article develops a multifaceted notion of “partner capture” to describe the dangers of this expansion in partnership activities for the U.N. and similar organizations. The dangers include agenda distortion, intra-organizational rivalries, reputational damage, …

Introduction To "New Governance And The Business Organization" Special Issue Of Law And Policy, Cristie Ford, Mary Condon

Articles & Book Chapters

The point of departure for this exciting collection of articles is to advance the scholarly treatment of “new governance” by shifting its focus away from what regulators do or how they do it, and towards examining the encounter between new governance and business organizations, within those organizations themselves. As is evident from this issue, this shift still provides a broad canvas on which to work, as the types of business activity examined here through the lens of new governance encompass railways, food safety, corporate privacy, and bank lending, as well as securities and derivatives trading. A particular strength of the …

Methodology In Action: On Consistency, Accuracy And Proficiency In Mediation, Ran Kuttner

Cardozo Journal of Conflict Resolution

Over seventeen years have passed since the first edition of Bush & Folger's The Promise of Mediation. Edited by Bush and Folger together with Dorothy Della Noce, Transformative Mediation: A Sourcebook - Resources for Conflict Intervention Practitioners and Programs offers a new and important contribution to our understanding of the promise of mediation, this time not necessarily because of the particular ideology of the transformative approach, but because of the manner in which this volume demonstrates how mediation scholarship can further develop mediation proficiency. The promise of mediation and the future of its institutionalization as a respected, distinct profession …

Punctuated Equilibrium: A Model For Administrative Evolution, Mark C. Niles

Faculty Articles

The “public choice” model of the administrative state posits a federal regulatory structure that is dominated by the private entities subject to its policy proscriptions. The formidable advantages in resources and focus enjoyed by the these private entities leave governmental units, like agencies and legislatures, with little realistic chance to resist agency capture and avoid implementing the policy objectives of the parties whom they are charged with regulating.

As theoretically powerful and practically descriptive as this model is, there is one significant question for which it fails to provide a satisfying answer—why, if regulated entities enjoy a strangle-hold on the …

Overeducated Achievatrons Unite!, Joan C. Williams

Faculty Scholarship

No abstract provided.

Rules For Growth: Promoting Innovation And Growth Through Legal Reform, Nicole Stelle Garnett, Robert E. Litan, Yochai Benkler, Henry N. Butler, John Henry Clippinger, Robert Cook-Deegan, Robert D. Cooter, Aaron S. Edlin, Ronald J. Gilson, Oliver R. Goodenough, Gillian K. Hadfield, Mark A. Lemley, Frank Partnoy, George L. Priest, Larry E. Ribstein, Charles F. Sabel, Peter H. Schuck, Hal S. Scott, Robert E. Scott, Alex Stein, Victoria Stodden, John E. Tyler Iii, Alan D. Viard, Benjamin Wittes

Journal Articles

The United States economy is struggling to recover from its worst economic downturn since the Great Depression. After several huge doses of conventional macroeconomic stimulus - deficit-spending and monetary stimulus - policymakers are understandably eager to find innovative no-cost ways of sustaining growth both in the short and long runs. In response to this challenge, the Kauffman Foundation convened a number of America’s leading legal scholars and social scientists during the summer of 2010 to present and discuss their ideas for changing legal rules and policies to promote innovation and accelerate U.S. economic growth. This meeting led to the publication …

Open Service And Our Allies: A Report On The Inclusion Of Openly Gay And Lesbian Servicemembers In U. S. Allies' Armed Forces, Suzanne B. Goldberg

Faculty Scholarship

In the wake of the Obama Administration's pledge to repeal "Don't Ask, Don't Tell" in the United States, the Columbia Law School Sexuality & Gender Law Clinic undertook a review of how allies of the United States moved from a policy of banning gay and lesbian servicemembers from serving in the armed forces to a policy of allowing these servicemembers to serve openly ("open service"). In documenting this review, this report aims to provide information about the decision to implement open service and the mechanics of the transition to open service in Australia, Canada, Israel, and the United Kingdom. In …

The Tax Consequences Of Corporate Reorganisations In China, Wei Cui, Richard Krever

All Faculty Publications

The story of China’s income taxation of corporate reorganisations falls into four distinct periods. The first years of the development of a market economy were a period of benign neglect as tax authorities came to grips with a new tax system and some domestic taxpayers exploited unintended exemptions for reorganisation transactions. A dialectic emerged during the second period of reform with a shift towards a more conventional company tax system based on widely-accepted normative tax principles, while at the same time concessional rules were enacted for transactions favoured by the economic planners. The third stage saw a winding back of …

Irish Business And Society: Governing, Participating And Transforming In The 21st Century, John Hogan, Paul Donnelly, Brendan O'Rourke

Books/Book Chapters

Irish Business and Society is a contemporary exploration of the wide-ranging debates surrounding the relationships between business and society in 21^st century Ireland, providing a context in which to question and inform our perspectives on both. The book consists of diverse and thought-provoking contributions from leading business researchers, economists, sociologists and political scientists from Ireland and abroad, which address five central themes:

-- The Making and Unmaking of the Celtic Tiger

-- Governance, Regulation & Justice

-- Partnership & Participation

-- The nature of Irish Borders within Ireland, Europe & the Wider World

-- Interests & Concerns in Contemporary …

Introduction To 'New Governance And The Business Organization', Cristie Ford, Mary Condon

All Faculty Publications

In the fall of 2010, the University of British Columbia Faculty of Law welcomed a group of scholars from around the world to consider the state, and evolution, of responsive regulation, in both theory and practice. The occasion was the presence of Dr. John Braithwaite as UBC Law’s inaugural Fasken Martineau Senior Visiting Scholar. This paper is an introductory essay to the special edition of the UBC Law Review devoted to the workshop’s resulting work products. The volume begins with John Braithwaite’s own reflections on the responsive regulation project. On one level, the set of essays that follows his can …

Book Review. Louis D. Brandeis And The Making Of Regulated Competition, 1900-1932 By Gerald Berk, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.

Oversight Of Law Enforcement Is Beneficial And Needed—Both Inside And Out, Barbara Attard

Pace Law Review

No abstract provided.

Receiverships In The Prison Litigation Context: Factors Necessary For An Effective Judicial Remedy Of Last Resort, Liat Weingart

Cardozo Public Law, Policy & Ethics Journal

This note examines the effectiveness of judicial receiverships as a last-resort remedy in institutional reform litigation, particularly in the context of prison systems. It argues that the success of receiverships depends on the court's ability to supervise effectively and ensure the receiver's independence from political influence. The analysis highlights that appointing executive agents as receivers often leads to conflicts of interest, undermining the remedy's effectiveness, and emphasizes the need for robust supervisory structures, such as Special Masters, to ensure accountability and alignment with court objectives.

A Study Of Group Dynamics In Educational Leadership Cohort And Non-Cohort Groups, Zorka Karanxha, Bobbie J. Greenlee

Educational Leadership and Policy Studies Faculty Publications

The purpose of this study was to examine group dynamics of educational leadership students in cohorts and make comparisons with the group dynamics characteristics of non-cohort students. Cohorts have emerged as dynamic and adaptive entities with attendant group dynamic processes that shape collective learning and action. Cohort (n=42) and non-cohort (n=51) students were surveyed on group variables of participation, communication, influence, trust, cohesiveness, empowerment, collaboration, and satisfaction. Descriptive statistics and effect size analyses were used for data analysis. Significant differences were identified in trust, cohesiveness, and satisfaction. However, findings show little effect on cohort structures in the areas of participation, …