Digital Commons Network^™

The Nonprofit Sector And The New State Activism, Mark Sidel

Michigan Law Review

The burgeoning field of nonprofit and philanthropic law has a new and superb history in Norman Silber's pathbreaking A Corporate Form of Freedom: The Emergence of the Nonprofit Sector. In confronting "the history of efforts to control the creation and permissible purposes for nonprofit corporations by states, and ... the relocation of these efforts to the Internal Revenue Service" (p. 5), Professor Silber effectively deliniates the rich history of our ambiguous, often conflicted attempts to regulate the American nonprofit sector, and points clearly to the ways in which history influences the current complexities of state regulation. From a discredited …

Employee Representation In The Boundaryless Workplace, Katherine V.W. Stone

Chicago-Kent Law Review

In this Article. Stone describes changes in the organization of work that are undermining traditional union practices and patterns of collective bargaining. Many firms have dismantled their internal labor market's job structures, repudiated their former implicit promises of job security, and instead instituted workplace practices that do not depend upon long-term attachment between the employee and the firm. As employers reorganize the workplace to achieve flexibility rather than stability, many features of the labor laws and industrial union practices have become problematic. This Article identifies the ways in which current labor law and traditional union practices are in tension with …

An Assessment Of Air Force Development Portfolio Management Practices, Michael A. Greiner, Kevin J. Dooley, Dan L. Shunk, Ross T. Mcnutt

Faculty Publications

Selecting and managing development project portfolios is a critical function within the Air Force’s weapon systems development process. Decision makers must weigh benefits, costs, and mission needs for a variety of proposed new initiatives and current weapon systems programs in order to develop an effective portfolio that provides the best value to the User. This research examines current Air Force development portfolio management practices as perceived by those involved with the decision making process. Research findings indicate several gaps between Air Force practices and those commercial best practices as found in the literature. A general approach for bridging the differences …

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

The identification of the consumer as a discrete party, entitled to specific legal rights, is a product of the latter half of the twentieth century.

Litigation In The Consumer Interest, Geraint Howells, Rhoda James

ILSA Journal of International & Comparative Law

The identification of the consumer as a discrete party, entitled to specific legal rights, is a product of the latter half of the twentieth century. Looking back on the last four decades, one can now clearly detect a trend for special legislation protecting the interests of consumers.

The World Commission On Dams' Contribution To The Broader Debate On Development Decision-Making, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

In this article, I argue that the protagonists in the sometimes bitter debate about dams that resulted in the establishment of the World Commission on Dams share common perceptions about development decision-making with the protagonists in the debates that have occurred at the local, national, and international level about such issues as natural resource and infrastructure projects, corporate relocations, globalization, and global governance. In this context, 'development decision-making' means the way in which individuals, groups and institutions decide to adopt and then implement policies, programs, and projects that affect the evolution of their own and/or other's social and physical environments. …

"We're All Consultants Now": How Change In Client Organizational Strategies Influences Change In The Organization Of Corporate Legal Services, Robert Eli Rosen

Articles

No abstract provided.

Pathways To Juvenile Detention Reform: Reducing Racial Disparities In Juvenile Detention, Brenda V. Smith, Eleanor Hinton Hoytt, Vincent Schiraldi, Jason Ziedenberg

Research Reports & White Papers

Many years ago, Jim Casey, a founder and long-time CEO of the United Parcel Service, observed that his least prepared and least effective employees were those unfortunate individuals who, for various reasons, had spent much of their youth in institutions or who had been passed through multiple foster care placements. When his success in business enabled him and his siblings to establish a philanthropy (named in honor of their mother, Annie E. Casey), Mr. Casey focused his charitable work on improving the circumstances of disadvantaged children, in particular by increasing their chances of being raised in stable, nurturing family settings. …

Beyond The Zero-Sum Game: Toward Title Vii Protection For Intergroup Solidarity, Noah D. Zatz

Indiana Law Journal

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Promoting Effective Ethical Infrastructure In Large Law Firms: A Call For Research And Reporting, Elizabeth Chambliss, David B. Wilkins

Faculty Publications

No abstract provided.

Promoting Effective Ethical Infrastructure In Large Law Firms: A Call For Research And Reporting, Elizabeth Chambliss, David B. Wilkins

Hofstra Law Review

No abstract provided.

Time To Act: A Review Of Legislation To Prevent The Proliferation Of Nuclear Weapons, Ellen Tauscher

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Policing Guns And Youth Violence, Jeffrey A. Fagan

Faculty Scholarship

To combat the epidemic of youth gun violence in the 1980s and 1990s, law enforcement agencies across the United States adopted a variety of innovative strategies. This article presents case studies of eight cities' efforts to police gun crime. Some cities emphasized police-citizen partnerships to address youth violence, whereas others focused on aggressive enforcement against youth suspected of even minor criminal activity. Still others attempted to change youth behavior through "soft" strategies built on alternatives to arrest. Finally, some cities used a combination of approaches. Key findings discussed in this article include:

• Law enforcement agencies that emphasized police-citizen cooperation benefited …

Employee Patents On Computer-Implemented Inventions: The Conundrum Of Separate Ownership Of Patent And Copyright, David Loretto

Cardozo Law Review

No abstract provided.

The Delaware Business Trust Act Failure As The New Corporate Law, Tamar Frankel

Cardozo Law Review

No abstract provided.

The Empire Of The Lone Mother: Parental Rights, Child Welfare Law, And State Restructuring, Hester Lessard

Osgoode Hall Law Journal

This article uses the Supreme Court of Canada's decision in G.(J.) v. New Brunswick to frame a discussion of the historical and ideological character of Canadian child welfare regimes on the nature and experience of women’s citizenship within the liberal political order and, in particular, within the current neo-liberal restructuring of welfare provision. The article also analyzes traditional understandings of the political character of child welfare in terms of state intervention and non-intervention, by placing the state ordering of parent-child relations in the context of larger issues of colonialism, gendered parenting discourses, and the linkage between child neglect and poverty. …

West Virginia's Antidegradation Policy For State Waters: From Theoretical Construct To Implementation Procedures, M. Ann Bradley, Joseph M. Dawley

West Virginia Law Review

No abstract provided.

Federalism: The Imprecise Calculus Of Dual Sovereignty, 35 J. Marshall L. Rev. 1 (2001), John H. Clough

UIC Law Review

No abstract provided.

The World Commission On Dams' Contribution To The Broader Debate On Development Decision-Making, Daniel D. Bradlow

American University International Law Review

No abstract provided.

Racial Profiling In Health Care: An Institutional Analysis Of Medical Treatment Disparities, René Bowser

Michigan Journal of Race and Law

This Article links unscientific, race-based medical research to a broader, institutionalized pattern of racial profiling of Blacks in clinical decision-making. Far from providing a solution to the problem of racial health disparities, this Article shows that race-based health research fuels a collection of dubious background assumptions, creates a negative profile of Black patients, and reinforces taken-for-granted knowledge that leads to inferior medical treatment. This form of racial profiling is unjust, and also causes countless unnecessary deaths in the Black population.

An Independent Analysis Of The Los Angeles Police Department's Board Of Inquiry Report On The Rampart Scandal, Erwin Chemerinsky

Loyola of Los Angeles Law Review

No abstract provided.

The Children's School: Lessons For Inclusion, Leadership, And School Success, Beth Lief

Fordham Urban Law Journal

In recent years education has evolved into the country's number one public concern. Presidential, gubernatorial, mayoral, and legislative candidates all claim to care about educating our children. Successful schools should be used by educators and policy-makers as models. In order to reproduce the success of these schools, the reasons for their success must be identified. A school's achievement data gives important indications of why it succeeds. There are also innumerable studies and reports listing factors enabling school success. The Children's School in Brooklyn, New York is a school worthy of study. The leadership is superb; teachers know their students and …

The Acquiescent Gatekeeper: Reputational Intermediaries, Auditor Independence And The Governance Of Accounting, John C. Coffee Jr.

Faculty Scholarship

The role of "gatekeepers" as reputational intermediaries who can be more easily deterred than the principals they serve has been developed in theory, but less often examined in practice. Initially, this article seeks to define the conditions under which gatekeeper liability is likely to work – and, correspondingly, the conditions under which it is more likely to fail. Then, after reviewing the recent empirical literature on earnings management, it concludes that the independent auditor does not today satisfy the conditions under which gatekeeper liability should produce high law compliance. A variety of explanations – poor observability, implicit collusion, and high …

Second Generation Employment Discrimination: A Structural Approach, Susan Sturm

Faculty Scholarship

The judiciary's traditional rule-based approach has been successful in reducing overt discrimination against women and people of color. It has been less effective in addressing more subtle and complex forms of workplace inequity. These second generation forms of bias result from patterns of interaction, informal norms, networking, mentoring, and evaluation. Drawing on the potential of recent Supreme Court decisions, Professor Sturm proposes a structural regulatory solution to this problem of second generation employment discrimination. Her approach links the efforts of courts, workplaces, employees, lawyers, and mediating organizations to construct a regime that encourages employers to engage in effective problem solving. …

The Delaware Business Trust Act Failure As The New Corporate Law, Tamar Frankel

Faculty Scholarship

The Internet transcends boundaries and time, reduces and shifts the cost of receiving and disseminating information. It poses unusual pressures of change on the common law. Internet jurisprudence demonstrates the vitality of the common law, yet highlighted its limitations. The Article describes how the common law addresses Internet issues and the relationship of judicial cases and congressional actions. The Article praises common law system of "muddling through," evolving piecemeal, addressing particular conflicts, not always uniformly nor predictably. This is lawmaking for the risk-averse, reducing the risk and cost of correcting big mistakes. The price: higher learning costs and fewer clear, …

The Law School Mission Statement: A Survival Guide For The Twenty-First Century, Gordon T. Butler

Journal of Legal Education

No abstract provided.

Innovation Or Illegitimacy: Remedial Receivership In Tinsley V. Kemp Public Housing Litigation, Carolyn Hoecker Luedtke

Missouri Law Review

Through an analysis of Tinsley v. Kemp,' a decade-long institutional reform case aimed at changing Kansas City, Missouri public housing, this Article engages in a case study focused on the receivership remedy in practice. Part I chronicles the decade of litigation and remedial results that turned around the troubled Kansas City Housing Authority ("Housing Authority"). Part II examines the efficacy and legitimacy of court displacement of government actors in the context of institutional reform litigation and compares receivership to other remedial alternatives. Part IMI concludes that while receivership has unique attributes, it is not a wholly extraordinary remedial measure. It …

Price Waterhouse: Alive And Well Under The Age Discrimination In Employment Act, H.Lane Dennard Jr., Kendall L. Kelly

Mercer Law Review

Judicial application of the Age Discrimination in Employment Act of 1967 ("ADEA") may be the most divergent of the employment discrimination laws because the ADEA is a hybrid of two statutes: Title VII of the Civil Rights Act of 19642 ("Title VII") and the Fair Labor Standards Act of 1938 ("FLSA"). The ADEA incorporates only selected portions of each of these statutes. For example, the general prohibition against age discrimination contained in the ADEA parallels the substantive provisions of Title VII, while the remedial provisions mirror, at least in part, the FLSA. Courts, however, have generally approached the ADEA in …

Managing Internal Administrative Change, Joseph A. Custer

Faculty Publications

Mr. Custer considers the impact of already instituted internal administrative change on library staff and how best to deal with it. He approaches the topic by describing what his own library did when faced with significant internal administrative restructuring.