Digital Commons Network^™

There Is A World Elsewhere: Preliminary Studies On Alternatives To Interest-Based Bargaining, F. Peter Philips

Articles & Chapters

Studies of selected ancient dispute resolution methods suggest that interest-based bargaining is culturally specific and may be inapplicable in societies where individual gratification is not as highly valued as social harmony or spiritual coherence.

Envisioning Enforcement Of Freedom Of Association Standards In Corporate Codes: A Journey For Sinbad Or Sisyphus?, James J. Brudney

Faculty Scholarship

Since the 1970’s, multinational corporations (MNCs) in large numbers have adopted codes of conduct declaring their commitment to workers’ rights. These codes, however, do not require adherence to specific labor regulations or standards in a global setting. The MNC record on voluntary compliance has been discouraging, especially in labor-intensive industries like apparel, shoes, and toys, where a global supply chain of contractors effectively controls labor conditions. The persistent gap between aspiration and achievement regarding corporate codes has led to disagreement over their meaning and value. MNCs hope to be judged on the basis of the self-regulatory systems they have established. …

Session Four: Institutionalizing Medical Documentation At The National Level, Victor Madrigal-Borloz, Loreine Dela Cruz, Sebnem Korur Fincanci, Rusudan Beriashvili, Suzanne Jabbour, Sana Hamzeh

Human Rights Brief

No abstract provided.

Miami's Medical-Legal Partnership: Preparing Lawyers And Physicians For Holistic Practice, Jonel Newman

Articles

No abstract provided.

More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless

Articles

Progressive legal scholars and practitioners have created a hierarchy within social justice lawyering. Direct service attorneys-nonprofit attorneys who focus on helping individuals in civil cases-sit at the bottom. In the 1960s, progressive theorists advanced a negative portrayal of direct service attorneys as a class. This discourse has continued through different phases in the development of progressive legal theory. Direct service work is done primarily by women in the service of women, has the aesthetic of traditional women's work, and can be understood as embodying the thesis that women have a greater existential and psychological connection to others than men. Like …

Changing The Narrative Of Child Welfare, Matthew I. Fraidin

Georgetown Law Faculty Publications and Other Works

In child welfare, the difference we can make as lawyers for parents, children, and the state, and as judges, is to prevent children from entering foster care unnecessarily. And we can end a child’s stay in foster care as quickly as possible. To do that, we have to fight against a powerful narrative of child welfare and against the accepted “top-down” paradigm of legal services.

In this essay, Professor Fraidin suggests that we can achieve our goals of limiting entries to foster care and speeding exits from it by looking for the strengths of the people involved in our cases, …

Outsourcing Childcare, Meredith Johnson Harbach

Law Faculty Publications

Existing discourse on childcare decisions proceeds as if there were one "right" answer to the question of who should care for children. The law has preferences, too. But the reality is that parents, like businesses, make diverse, strategic decisions about when to keep work in-house, and when to collaborate with outside partners. This Article uses the lens of business outsourcing to gain fresh perspective on childcare decisionmaking, and the law's relationship to it. The outsourcing framework provides three key insights. First, it enables us to better understand the diversity of childcare decisions and the reasons underlying them. Second, the outsourcing …

Persons Affected By Traumatic Brain Injury In The Workplace; Implications For Employee Assistance Programs, Dale Margolin Cecka

Law Faculty Publications

Employee Assistance Programs often provide behavioral health services to employees. The article discusses issues related to employees affected by traumatic brain injury such as psychosocial challenges that may accompany reentry into the workplace. Strategies that employers may utilize to accommodate such challenges are presented. Implications for practitioners are explored within the context of the Americans with Disabilities Act, disability management, and human resources.

((Re)Considering Race In The Desegregation Of Higher Education, Maurice C. Daniels, Cameron V. Patterson

Georgia Law Review

This Essay examines the struggle to desegregate the
University of Georgia (UGA) in the context of the broader
strategies to defeat segregation in higher education. In
doing so, this Essay explores Horace T. Ward's struggle to
enroll in UGA School of Law in Ward v. Regents, the first
lawsuit in Georgia history to attempt to dismantle the
centuries-old practice of segregation at UGA. The Essay
then examines the Holmes v. Danner case, which led to the
admission of the first African-American students at UGA
and the dismantling of segregation statewide in Georgia's
public colleges and universities.
Building upon this backdrop, …

Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman

Faculty Publications

No abstract provided.

Explaining Abuse Of The Disabled Child, Margaret F. Brinig

Journal Articles

This article discusses abuse of disabled children in terms of two competing theories for why it may occur. The evolutionary biology theory has been discussed in the legal literature as well as in biological and social science pieces. The author contrasts this theory with a novel one, mimetic desire, which may be less familiar in legal circles, but which, he believes, better explains the abuse of Attention Deficit Hyperactive Disorder children and offers more hope for preventing abuse without disrupting intact families. While the evolutionary biology explanations for child abuse may be helpful and important, more territory can be covered …

Judging Parents, Judging Place: Poverty, Rurality, And Termination Of Parental Rights, Janet L. Wallace, Lisa R. Pruitt

Missouri Law Review

Parents are judged constantly, by fellow parents and by wider society. But the consequences of judging parents may extend beyond community reputation and social status. One of the harshest potential consequences is the state's termination of parental rights. In such legal contexts, the state assesses parents' merits as parents in relation to a wide array of their characteristics, decisions and actions, including where the parents live. Among those parents judged harshly in relation to geography are impoverished parents who live in rural places. We argue that such judgments are unjust because poor rural parents often do not have ready access …

Practical Legal And Ethical Considerations For The Provision Of Acute Disaster Mental Health Services, Mike Jenuwine, John A. Call, Betty Pfefferbaum, Brian W. Flynn

Journal Articles

Mental health professionals who provide emergency psychosocial assistance in the immediate aftermath of disasters do so in the midst of crisis and chaos. Common roles undertaken by disaster mental health professionals include treating existing conditions of disaster survivors and providing psychosocial support to front line responders and those acutely affected. Other roles include participating in multidisciplinary health care teams as well as monitoring and supporting team members’ mental health. When, in the immediate aftermath of a disaster, mental health professionals provide such assistance, they may take on legal and ethical responsibilities that they are not fully aware of or do …

Admonitions Or Accountability?: U.S. Implementation Of The Hague Adoption Convention Requirements For The Collection And Disclosure Of Medical And Social History Of Transnationally Adopted Children, Marianne Blair

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Illegal Aid: Legal Assistance To Immigrants In The United States, Geoffrey Heeren

Cardozo Law Review

There is an enormous unmet need for immigrant legal aid in the United States. This is partly due to regulations that bar federally funded legal services organizations from representing many types of immigrants. The possible repeal of these restrictions is rarely discussed as a means to expand immigrant access to counsel. Federal funding for immigrant legal aid appears to have become taboo, despite the fact that for much of its history, legal aid was deeply connected to immigration. This forgotten history reveals that there was once broad national consensus in favor of immigrant legal aid; it became contentious and faced …

Blanket Policies For Strip Searching Pretrial Detainees: An Interdisciplinary Argument For Reasonableness , Daphne Ha

Fordham Law Review

In 2010, the U.S. Courts of Appeals for the Third and Ninth Circuits joined the U.S. Court of Appeals for the Eleventh Circuit in upholding the constitutionality of blanket strip search policies in correctional institutions. As a result, more government officials across the country can strip search arrestees and pretrial detainees as a matter of routine procedure without any reasonable suspicion that the detainees have contraband. These detainees include individuals without criminal histories who are arrested for traffic or other minor offenses, and who have done nothing to suggest that they are attempting to smuggle contraband into correctional facilities. This …

Alien Language: Immigration Metaphors And The Jurisprudence Of Otherness , Keith Cunningham-Parmeter

Fordham Law Review

Metaphors tell the story of immigration law. Throughout its immigration jurisprudence, the U.S. Supreme Court has employed rich metaphoric language to describe immigrants attacking nations and aliens flooding communities. This Article applies research in cognitive linguistics to critically evaluate the metaphoric construction of immigrants in the law. Three conceptual metaphors dominate legal texts: immigrants are aliens, immigration is a flood, and immigration is an invasion. In order to gauge the prevalence of these metaphors, the Article engages in a textual analysis of modern Supreme Court opinions and presents original empirical data on the incidence of alienage terminology in federal court …

Association Between Mental Health Disorders And Juveniles' Detention For A Personal Crime, Patricia A. Stoddard Dare, Christopher A. Mallett, Craig Boitel

Social Work Faculty Publications

Background: Youth involved with juvenile courts often suffer from mental health difficulties and disorders, and these mental health disorders have often been a factor leading to the youth’s delinquent behaviours and activities.

Method: The present study of a sample population (N= 341), randomly drawn from one urban US county’s juvenile court delinquent population, investigated which specific mental health disorders predicted detention for committing a personal crime.

Results: Youth with attention-deficit hyperactivity disorder and conduct disorder diagnoses were significantly less likely to commit personal crimes and experience subsequent detention, while youth with bipolar diagnoses were significantly more likely.

Conclusion: Co-ordinated youth …

2011 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library, Mark Tebeau

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Mark Tebeau was the guest speaker

Seattle, Washington, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Highlights from Seattle, Washington.

The Evolution Of A Multidisciplinary Response To Elder Abuse, Georgia J. Anetzberger

Marquette Elder's Advisor

No abstract provided.

Volume 35, Issue 2 (Fall 2011)

Transcript

No abstract provided.

Communication And The Pragmatic Condition, Gregory J. Shepherd

Center for the Study of Ethics in Society Papers

Presented March 9, 2011

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.

Prohibiting Sex Purchasing And Ending Trafficking: The Swedish Prostitution Law, Max Waltman

Michigan Journal of International Law

At the symposium on "Successes and Failures in International Human Trafficking Law" at the University of Michigan Law School in February 2011, I addressed the topic of international sex trafficking law, particularly the Swedish law that prohibits the purchase of sex while simultaneously decriminalizing the prostituted person. Being asked to address trafficking, I was surprised by the name given to my panel: "Kidnapped at Home, Sold Abroad: Sex Trafficking in the International Community." This surprise was owing to the fact that in the most current international instrument defining trafficking, the United Nation's so-called Palermo Protocol, nowhere is the term "kidnapping" …

Wrongful Convictions And Punitiveness: Measuring Student's Attitudes On Erroneous Felony Convictions, Shayna Lancaster

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to better understand the attitudes towards wrongful convictions and levels of punitiveness among college students who may work in the criminal justice field in the future. It attempts to replicate Robert Ramsey and James Frank's 2007 study "Wrongful Conviction - Perceptions of Criminal Justice Professionals Regarding the Frequency of Wrongful Conviction and the Extent of System Errors." Instead of surveying criminal justice professionals, this study's sample is on-campus undergraduate classes in criminal justice and political science for the spring 2010 semester at Old Dominion University using a survey that operationalizes punitiveness with a series …

Selected Events On Workplace Flexibility In The Federal Government, Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

Selected events on Workplace Flexibility in the federal government from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.

Welfare Reform In Mississippi: Tanf Policy And Its Implications, Pearson Lidell Jr., Steve Watson, William D. Eshee Jr.

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Remarks On What An Aging Workforce Can Teach Us About Workplace Flexibility, Robert Hutchens Phd

Briefings, Hearings, and Congressional Study Group

Remarks on What an Aging Workforce Can Teach Us About Workplace Flexibility, An Issue Brief Prepared by Robert B. Hudson, PhD, for What An Aging Workforce Can Teach Us About Workplace Flexibility July 18, 2005.

Perspectives: Aligning Business Needs With Older Workers' Preferences And Priorities, Marcie Pitt-Catsouphes Phd, Michael A. Smyer Phd

Briefings, Hearings, and Congressional Study Group

Perspectives: Aligning Business Needs with Older Workers’ Preferences and Priorities An Issue Brief Prepared by Marcie Pitt-Catsouphes and Michael A. Smyer for What An Aging Workforce Can Teach Us About Workplace Flexibility July 18, 2005.