Digital Commons Network^™

One Step Forward, But Two Steps Back: Why Gacaca In Rwanda Is Jeopardizing The Good Effect Of Akayesu On Women's Rights, Brittany A. Olwine

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

No abstract provided.

"Brother Can You Spare A Dime?" Technology Can Reduce Dispute Resolution Costs When Times Are Tough And Improve Outcomes, David Allen Larson

Nevada Law Journal

No abstract provided.

Administrative Law In The 1930s: The Supreme Court’S Accommodation Of Progressive Legal Theory, Mark Tushnet

Duke Law Journal

In the first decades of the twentieth century, Progressive politicians and legal theorists advocated the creation and then the expansion of administrative agencies. These agencies, they argued, could address rapidly changing social circumstances more expeditiously than could courts and legislatures, and could deploy scientific expertise, rather than mere political preference, in solving the problems social change produced. The proliferation of administrative agencies in the New Deal-the SEC, the NLRB, and others-meant that defending administrative agencies from close judicial oversight became intertwined with defending the New Deal itself In a series of contentious cases decided by the Hughes Court, Progressives believed …

Medicare's Bundling Pilot: Including Post-Acute Care Services, Laura A. Dummit

National Health Policy Forum

Fee-for-service Medicare, in which a separate payment is made for each service, rewards health care providers for delivering more services, but not necessarily coordinating those services over time or across settings. To help address these concerns, the Patient Protection and Affordable Care Act of 2010 requires Medicare to experiment with making a bundled payment for a hospitalization plus post-acute care, that is, the recuperative or rehabilitative care following a hospital discharge. This bundled payment approach is intended to promote more efficient care across the acute/post-acute episode because the entity that receives the payment has financial incentives to keep episode costs …

Standing On Their Own: The Parallel Rights Of Young People To Participate In Planning Process Es And Defend Those Rights, Dawn Jourdan

Sustainable Development Law & Policy

No abstract provided.

Psychology And Law In The Classroom: How The Use Of Clinical Fads In The Classroom May Awaken The Educational Malpractice Claim, Brian J. Gorman, Catherine J. Wynne, Christopher J. Morse, James T. Todd

Brigham Young University Education and Law Journal

No abstract provided.

Healing Medicare Hospital Recidivism: Causes And Cures, Ann Marie Marciarille

Faculty Works

The role of Medicare in our national market for acute care hospital services is that of a power buyer. Medicare beneficiaries in 2008 included some 45.2 million people. Total benefits paid in 2008 were $462 billion, including 29% of all hospital spending.2 Medicare’s dominance in the buyer’s market for acute care hospital beds renders the program particularly well-suited to scrutinize the role of acute care hospital services in producing effective and efficient outcomes for Medicare beneficiaries. "[I]f there are to be far-reaching changes in the way medicine is practiced in this country, Medicare will have to drive them." It is …

Human Trafficking In San Luis Obispo County: Assessing The Local Law Enforcement's Mechanisms For Prevention, Paige K. Wopschall

Social Sciences

No abstract provided.

Parental Rights And The Best Interests Of The Child: Implications Of The Adoption And Safe Families Act Of 1997 On Domestic Violence Victims' Rights, Rachel Venier

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Deconstructing Cedaw's Article 14: Naming And Explaining Rural Difference, Lisa R. Pruitt

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

No abstract provided.

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

Law Faculty Publications

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 …

Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig

Law Faculty Publications

Same-sex couple rights are the topic of much discussion and debate. There are court challenges to the constitutionality of the Defense of Marriage Act (“DOMA”) as well as proposed marriage statutes. The message and the structure for the recognition of same-sex rights need to be modified. This Article proposes applying, for the first time in the area, modern sociology theory, specifically Diffusion Theory, to change how the message is delivered. Using Diffusion Theory to change the message frame will change judicial decisions. By using the backdrop of the Florida adoption statute, a comparison between the successful challenges to the Florida …

Jane Jacobs Revisited: Do Social Service Organizations Have A Place In Redeveloping Communities?, Ian Hitchcock

University of Baltimore Journal of Land and Development

No abstract provided.

Santa Clara Magazine, Volume 52, Number 3, Winter 2010, Santa Clara University

Santa Clara Magazine

14 - GOOD LIT By Alicia K. Gonzales '09 and Steven Boyd Saum. It's time to light 10 candles on the birthday cake for SCU's California Legacy Series. To date: 43 books, 500 radio broadcasts, and a handful of movies. What's next? Something big.

16 - SHAPING THE FUTURE by Adolfo Nicolas, S.J. What can Jesuit universities do-together-to make the world a more humane, just, and sustainable place? It starts with imagination, an unequaled global network, and a conference in Mexico City- where Jesuit Superior General Adolfo Nicolas takes stock of challenges to Jesuit higher education today.

24 - A …

Unh Law Alumni Magazine, Winter 2011, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

The Works Of Jürgen Habermas: A Tool For Further Understanding The Theory And Practice Of Restorative Justice, Audrey Laurel Barrett

LLM Theses

The theory of restorative justice has always lagged behind practice. As such, gaps in theory have existed over time and continue to exist today, particularly in terms of explaining "the magic" that occurs within the encounter process. By exploring the theories of Jürgen Habermas, it is suggested that new frameworks can be developed that can help theorists think about, and explain the experiences and outcomes central to restorative processes. This paper focuses on Habermas' theory of universal pragmatics and communicative action as a means to better understand the mechanisms within the encounter process, and the conditions necessary, to give rise …

Unpaid Internships & The Department Of Labor: The Impact Of Underenforcement Of The Fair Labor Standards Act On Equal Opportunity, Andrew Mark Bennett

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Union Citezenship: Impact, Influences And Challenges To Irish Immigration Laws., Ewaen Fred Ogieriakhi

Dissertations

The objective of this thesis firstly, is to attempt to explore the impact, influences and challenges that European Union citizenship rules and the adoption of the Citizens Rights Directive has on the right of Union citizens and their family members to reside in Ireland. The thesis examines the shift from “Market Citizenship”- from having adequate financial resources and sickness health insurance for the acquisition of right of residence to now recognizing right of residence for economically inactive persons.¹ The thesis assesses the impact of the relevant Treaty provisions on Free movement of Persons and the case laws of the …

Bridging The Justice Gap: Building Community By Responding To Individual Need, Alizabeth Newman

Publications and Research

No abstract provided.

Fiscal Returns On Improved Representation Of Children In Dependency Court: The State Of The Evidence, Clark Peters, John Walsh

Nova Law Review

No abstract provided.

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

Articles

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 …

Recent Developments: In Re Adoption/Guardianship Of Tatianna B.: A Licensed Clinical Social Worker Properly Qualified As An Expert Witness In Social Work May Opine In A Termination Of Parental Rights Hearing Regarding Risk And Safety Assessment, Elisabeth Koloup

University of Baltimore Law Forum

No abstract provided.

Building A Child Welfare Response To Child Trafficking Handbook (2011), Katherine Kaufka Walts Jd, Shelby French Msw, Msc, Heather Moore Msw, Sehla Ashai Jd

Center for the Human Rights of Children

In 2007, the International Organization for Adolescents (IOFA), under the leadership of Katherine Kaufka Walts the then Executive Director, developed and launched the Building Child Welfare Response to Child Trafficking project. The purpose of this project is to build the capacity of child welfare agencies and service providers to identify and respond to this often invisible and underserved population. The primary goals are to ensure that children are correctly identified as trafficked persons and that they receive the appropriate protections and referrals to specialized services to which they are entitled under federal and state laws. This project, supported by funding …

Seize The Little Moment: Justice For The Child 20 Years At The Children And Family Justice Center, Bernardine Dohrn

Northwestern Journal of Law & Social Policy

No abstract provided.

Arms Of The Court: Authorizing The Delegation Of Sentencing Discretion To Probation Officers, Amanda Rios

Cornell Journal of Law and Public Policy

No abstract provided.

Redefining Polygamy Among The Palestinian Bedouins In Israel: Colonialism, Patriarchy, And Resistance, Rawia Abu Rabia

American University Journal of Gender, Social Policy & the Law

No abstract provided.

"Brother, Can You Spare A Dime?" Technology Can Reduce Dispute Resolution Costs When Times Are Tough And Improve Outcomes, David Allen Larson

Faculty Scholarship

Cost reduction is one of the desirable results frequently attributed to Alternative Dispute Resolution (ADR) processes. Although it is reasonable to assume that businesses always are interested in saving money, this goal takes on added importance when the economy is struggling. The cost savings inherent in ADR, which already are significant, can be increased substantially through the strategic adoption of technology. Although I generally do not urge caution when it comes to expanding the ways in which we use technology, we nonetheless must recognize not only technology’s potential benefits but also its possible pitfalls. It is relatively easy to identify …

Child Citizenship And Agency As Shaped By Legal Obligations, Suzanne H. Jackson

GW Law Faculty Publications & Other Works

This article maintains that the legal recognition of obligations for children facilitates their recognition as citizens and agents when such obligations are understood from contextual and relational perspectives. Drawing primarily upon sources from Canada and the United States, the article advances this claim through a study of three separate settings. Part I examines the “child as student” and studies children’s obligations within schools. Part II considers the “street child” and the obligations and challenges children encounter when they live away from their families and communities. Part III contemplates the “child as bargainer” and focuses on obligations children assume when accessing, …

The Rise Of The Corporation, The Birth Of Public Relations, And The Foundations Of Modern Political Economy, Donald J. Smythe

Faculty Scholarship

No abstract provided.

Eastern Michigan University Undergraduate Catalog, 2011-2012, Office Of The Registrar

Undergraduate Catalogs

No abstract provided.