Digital Commons Network^™

“Statistical Dueling” With Unconventional Weapons: What Courts Should Know About Experts In Employment Discrimination Class Actions, William T. Bielby, Pamela Coukos

ExpressO

When statistical evidence is offered in a litigation context, the result can be bad law and bad statistics. In recent high profile, high-stakes employment discrimination class actions against large multinationals like UPS, Wal-Mart, and Marriott, plaintiffs have claimed that decentralized and highly discretionary management practices result in systematic gender or racial disparities in pay and promotion. At class certification, plaintiffs have relied in part on statistical analyses of the company’s workforce showing companywide inequality. Defendants have responded with statistical presentations of their own, which frequently demonstrate widely varying outcomes for members of protected groups in different geographic areas of the …

Modem Legal Reform In Egypt: Shifting Claims To Legal Authority, Shannon M. Roesler

Cardozo Journal of International and Comparative Law

The article challenges the notion that Egyptian legal reform simply replaced Islamic law with European law, instead presenting it as a complex interplay where Islamic legal theory and European influences coexist. It highlights the dynamic process of integrating Islamic principles into the legal system, emphasizing the historical negotiation between fiqh (Islamic jurisprudence) and siyasa (state governance).

Long Wars Of Political Order - Sovereignty And Choice: The Fourth Amendment And The Modern Trilemma, Harvey Rishikof

Cornell Journal of Law and Public Policy

No abstract provided.

Policy Analysis Of The Victim Offender Restitution Program, Veronica Damon, Marie Bostick, Lamont Mcgary

UNLV Theses, Dissertations, Professional Papers, and Capstones

Both the criminal justice and the juvenile justice systems have experienced increased strain due to criminal acts committed by juveniles. Many experts suggest that one way to ease the burden of the courts can be found in the theory of restorative justice. Most often the juvenile justice system is most concerned with the risk and needs of youthful offenders without significant consideration for the victims. A key component in the restorative justice theory is victim offender mediation which seeks to reduce the impact of crime on victims and the community. Clark County, Nevada has one such program, the Victim Offender …

The Organization Of Public Interest Practice: 1975-2004, Laura Beth Nielsen, Catherine R. Albiston

North Carolina Law Review

No abstract provided.

Sexual Harassment, Misconduct, And The Atmosphere Of The Laboratory: The Legal And Professional Challenges Faced By Women Physical Science Researchers At Educational Institutions, Ellen Sekreta

Duke Journal of Gender Law & Policy

No abstract provided.

Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer

Vanderbilt Law Review

In the growing cacophony of voices heralding or contesting the many facets of globalization, international organizations ("Os") are playing an increasingly prominent role. Government officials, advocacy groups, and scholars are heatedly contesting the merits and demerits of using IOs to promote interstate cooperation and to resolve the many transborder collective action problems that globalization has fostered. These controversies raise important questions about how IOs are designed and how they respond to the uncertainties and changing circumstances that are endemic to international affairs. In the debates over globalization and institutional change, one IO-the International Labor Organization ("ILO")-has been given surprisingly short …

The Impact Of Economic Factors And Acquisition Reforms On The Cost Of Defense Weapon Systems, James P. Smirnoff

Theses and Dissertations

Cost overruns in weapon system purchases have plagued the Department of Defense (DoD) throughout its history and have resulted in schedule delays and potentially reduced combat capability. This thesis created an empirical model that begins to explain those cost overruns. The model describes how changes in defense budgets, consolidation of the defense industry, acquisition reform, war, and cost estimating error are related to cost overruns. The cost performance of 186 major weapon system programs managed by the Air Force, Army, and Navy from 1970 to 2002 was described using a panel regression model. This research found that funding instability resulting …

Cost As An Independent Variable: A Study Of Its Continued Use By Aeronautical Systems Center's Programs And Their Contractors To Set And Maintain Cost Objectives, Kevin W. Codrington

Theses and Dissertations

The purpose of this research was to assess whether Aeronautical System Center's (ASC's) acquisition professionals believe CAIV has enabled their programs and contractors to set and maintain cost objectives. The three major objectives of this thesis are to answer the following questions: First, Do ASC's acquisition professionals believe their programs are setting and maintaining cost objectives? Second, Do ASC's acquisition professionals believe their contractors are setting and maintaining cost objectives? Last, what is the practitioners' perspective of CAIV? This research identified CAIV as being well received by DoD. It also identified that ASC's acquisition professionals believe their programs and contractors …

Champions Of Change: Reinventing Democracy Through Land Law Reform, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This Article explores the prospects of achieving policy coherence in the field of land use regulation. It explains how, as municipal governments react to pressures and crises at the local level, they discover and adopt new strategies in a constant process of experimentation. Through a properly constructed legal framework, critical information can be relayed from local to higher levels of government, state and federal legislators and judges can respond, and a "system" of law can evolve. Using theories developed in the fields of systems analysis and diffusion of innovations, the Article describes the process by which local communities perceive land …

The Future: Transitioning From Training Lawyers To Improving Their Performance, Donald S. Murphy, Thomas Schwen

Valparaiso University Law Review

No abstract provided.

The Demise Of Regulation In Ocean Shipping: A Study In The Evolution Of Competition Policy And The Predictive Power Of Microeconomics, Christopher L. Sagers

Law Faculty Articles and Essays

Over its 140 year history, ocean liner shipping has almost always enjoyed an antitrust exemption permitting price-fixing cartels of ocean carriers. The exemption was premised on the belief that problems of cost and capacity inherent in the trade can be resolved only by horizontal collusion. Now that that exemption has been whittled away by deregulatory efforts, the pre- and post-deregulation evidence presents one of the world's rare opportunities for natural experiment on the behavior and effectiveness of collusive cartel pricing. Moreover, because normal and effective competition never really existed prior to 1998, the normative foundation of the antitrust exemption was …

Can A Private Corporate Analysis Of Public Authority Administration Lead To Democracy?, Jonathan Rosenbloom

NYLS Law Review

No abstract provided.

Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer

Faculty Scholarship

This Article uses an interdisciplinary approach to explain why the International Labor Organization (ILO) has been given surprisingly short shrift in recent debates over the role of IOs in addressing the many transborder collective action problems that globalization has fostered. I review the ILO's past and its present with two broad objectives in mind. First, I seek to correct a misperception among international lawyers and legal scholars that the ILO is a weak and ineffective institution. The organization's effectiveness in creating and monitoring international labor standards has fluctuated widely during its nearly ninety-year existence. Over the last decade, however, the …

The Demise Of Regulation In Ocean Shipping, Chris Sagers

Vanderbilt Journal of Transnational Law

Over its 140 year history, ocean liner shipping has almost always enjoyed an antitrust exemption permitting price-fixing cartels of ocean carriers. The exemption was premised on the belief that problems of cost and capacity inherent in the trade can be resolved only by horizontal collusion. Now that that exemption has been whittled away by deregulatory efforts, the pre- and post-deregulation evidence presents one of the world's rare opportunities for natural experiment on the behavior and effectiveness of collusive cartel pricing.

Moreover, because normal and effective competition never really existed prior to 1998, the normative foundation of the antitrust exemption was …

Kumho For Clinicians In The Courtroom: Inconsistency In The Trial Courts, Michael L. Perlin

Other Publications

No abstract provided.

Class Actions And The Interpretation Of Monetary Damages Under Federal Rule Of Civil Procedure 23(B)(2), Natasha Dasani

Fordham Law Review

No abstract provided.

Mediation Ideology: Navigating Space From Myth To Reality In Sexual Harassment Dispute Resolution, Susan K. Hippensteele

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Paradox Of Corruption As Antithesis To Economic Development: Does Corruption Undermine Economic Development In Indonesia And China, And Why Are The Experiences Different In Each Country?, Andrew White

Research Collection Yong Pung How School Of Law

The question of whether corruption is antithetical to economic development has been extensively researched and debated since the 1960s. While nearly all participants in the debate appear to agree that corruption ultimately is antithetical to long-term economic development, the extent to which it positively or negatively affects economic development in the short term depends upon highly contextual factors. In different countries and regions of the world, factors of local culture and history, the nature of the state, the type of corruption and actors involved, and the political responses and motivations to curtail corruption all inform the answer to this question. …

Judicial Discretion To Condition, Thomas O. Main

Scholarly Works

No abstract provided.

The Obstacles In Women's Pathway To Principalship, Mahshid Pirouznia

Theses: Doctorates and Masters

The research problem is to investigate the obstacles of women seeking the principalship in public education; and also to explore major changes of different obstacles to women's principalship because women's roles have changed over time. Different obstacles in women's pathway to principalship are: low self-image; lack of encouragement; myths about women's work; sex stereotyping; lack of aspiration; role conflict; low self-esteem; family responsibilities; lack of mobility; and hiring and promoting practices. The research questions are: 1. what are the barriers for women who did not obtain a principalship or assistant principalship. 2. what are the barriers for women who obtained …

Michigan Court Improvement Program Reassessment, Muskie School Of Public Service

Children, Youth, & Families

The Michigan Court Improvement Program was required to conduct a reassessment of its laws and performance and to adopt a strategic plan to further improve its handling of child protection cases. The Muskie School of Public Service, Cutler Institute for Child and Family Policy, and the American Bar Association’s Center for Children and the Law contracted with Michigan’s State Court Administrative Office to conduct the Reassessment. This report represents the results of the reassessment study.

Law Library Annual Report 2004-2005, Georgia State University Law Library

Law Library Annual Reports

No abstract provided.

Evaluation Of Florida's Medicaid Managed Mental Health Plans: Year 8 Report, David L. Shern, Pat Robinson, Julienne Giard, Amy Vargo, Patty Sharrock, Roger A. Boothroyd

Mental Health Law & Policy Faculty Publications

No abstract provided.

Saving Section 5: Lessons From Consent Decrees And Ex Parte Young, Pratik A. Shah

Washington and Lee Law Review

No abstract provided.

Ethics In Large Law Firms: The Principle Of Pragmatism, Kimberly Kirkland

Law Faculty Scholarship

No abstract provided.

Exploring California's Rural Health System: From The Redwood Forests To The Baja Border, Eileen Salinsky, Jessamyn Taylor

National Health Policy Forum

This three day site visit to California explored the state’s rural health system with a particular focus on the financial health of inpatient and outpatient providers and how that affects access to care. The role of telemedicine as a tool for expanding access was explored as well as the special needs of vulnerable populations such as farmworkers. Participants learned how state and federal regulation and payment policies and state budget deficits impact the viability of rural health systems.

International Law And State Socialization: Conceptual, Empirical, And Normative Challenges, Ryan Goodman, Derek Jinks

Duke Law Journal

No abstract provided.

Should Small And Medium-Size American Businesses "Going Global" Use International Commercial Arbitration?, William S. Fiske

Global Business & Development Law Journal

No abstract provided.

Policing Post-9/11, Robert J. Louden

Fordham Urban Law Journal

This paper therefore is an attempt to consider post-September 11 law enforcement activities in the context of organized policing in America. Many concepts and procedures used as illustrations have been undertaken by various police agencies. This demonstrates how previously accepted police practices may be changed in part by reaction to crisis legislation or other influences. New York City programs may or may not serve as benchmarks for other agencies. In these times of threat and response some important factors about preparing police for role change became apparent. First, there is a need to specify the new reality and determine what …