Digital Commons Network^™

Identity And Narrative: Turning Oppression Into Client Empowerment In Social Security Disability Cases, Jonel Newman

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No abstract provided.

Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi

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No abstract provided.

Why Obama: An Interest Convergence Explanation Of The Nation's First Black President Symposium: Examining Critical Race Theory: Honoring Professor Richard Delgado, Richard Delgado

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No abstract provided.

Distinguishing Deductible Repairs From Capitalized Improvements: An Expectations Approach To The New Repair Regulations, George Mundstock, Thomas J. Korge

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No abstract provided.

The Child Quasi-Witness, Richard D. Friedman, Stephen J. Ceci

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This Essay provides a solution to the conundrum of statements made by very young children and offered against an accused in a criminal prosecution. Currently prevailing doctrine allows one of three basic outcomes. First, in some cases the child testifies at trial. But this is not always feasible, and when it is, cross-examination is a poor method for determining the truth. Second, evidence of the child's statement may be excluded, which denies the adjudicative process of potentially valuable information. Third, the evidence may be admitted without the child testifying at trial, which leaves the accused with no practical ability to …

Taking Public Access To The Law Seriously: The Problem Of Private Control Over The Availability Of Federal Standards, Nina A. Mendelson

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In the 1930s, Harvard professor Erwin Griswold famously complained about the enormous numbers of New Deal regulations that were obscurely published on individual sheets or in “separate paper pamphlets.” Finding these binding federal rules was difficult, leading to “chaos” and an “intolerable” situation. Congress responded, requiring that agencies publish all rules in the Federal Register and in the Code of Federal Regulations (CFR). Currently, recent federal public laws, the entire U.S. Code, the Federal Register, and the CFR are all freely available online as well as in governmental depository libraries. But with respect to thousands of federal regulations, the clock …

Prosecutorial Discretion And Environmental Crime, David M. Uhlmann

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In January 1991, just four weeks after joining the Justice Department’sEnvironmental Crimes Section as an entry-level attorney, I traveled to NewOrleans to attend an environmental enforcement conference. The conferencewas attended by hundreds of criminal prosecutors and civil attorneys from theJustice Department, as well as enforcement officials from the EnvironmentalProtection Agency (“EPA”). It was a propitious time for environmental protec-tion efforts in the United States. Less than two months earlier, President GeorgeH. W. Bush had signed the Clean Air Act Amendments of 1990, culminating aremarkable twenty-year period that created the modern environmental law sys-tem in the United States. My new office, …

Characteristics Of Attorneys Representing Children In Child Welfare Cases, Britany Orlebeke, Andrew Zinn, Xiaomeng Zhou, Donald N. Duquette

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Every day in state and local courts throughout the United States, judges are called upon to decide who should have the responsibility for the immediate and long-term care of neglected and abused children. Federal recognition of the right to independent advocacy for children subject to these proceedings originates with the 1974 Federal Child Abuse Prevention and Treatment Act (CAPTA). As a condition of receiving federal funds for child abuse prevention services through CAPTA, states must provide for the appointment of an appropriately trained guardian ad litem (GAL) for every child whose case results in a judicial proceeding. A guardian ad …

Factors Affecting The Academic Performance Of Optometry Students In Mozambique., James Loughman, Kajal Shah, Kovin Naidoo, Luigi Bilotto

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Purpose. The Mozambique Eyecare Project is a higher education partnership for the development, implementation, and evaluation of a model of optometry training at UniLu´ rio in Mozambique. There are many composite elements to the development of sustainable eye health structures, and appropriate education for eye health workers remains a key determinant of successful eye care development. However, from the first intake of 16 students, only 9 students graduated from the program, whereas only 6 graduated from the second intake of 24 students. This low graduation rate is attributable to a combination of substandard academic performance and student dropout. The aim …

Economics, Eq, And Finance: The Next Frontier In Legal Education, Pamela Bucy Pierson

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No abstract provided.

Peacebuilding And Reintegrating Ex-Combatants With Disabilities, Janet E. Lord, Michael Ashley Stein

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There is a significant gap in post-conflict reintegration processes when it comes to ex-combatants with disabilities, notwithstanding an apparent acknowledgement that physical and mental trauma impact civilians and ex-combatants alike in large numbers and that social reintegration is vital to peaceful transitions. Moreover, processes aimed to reintegrate ex-combatants are typically disconnected from broader efforts to build and sustain the legal institutions that support the rights of the most marginalised groups in conflict affected countries. We examine the implications of this marginalisation of ex-combatants with disabilities and set our analysis within the framework of the Convention on the Rights of Persons …

Student Attitudes To An Online, Peer-Instruction, Revision Aid In Science Education, Barry Ryan, Aaron Mac Raighne, Morag Casey, Robert Howard

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Peer instruction has been shown to have a positive effect on students’ engagement and learning. However, many of the techniques designed to incorporate peer instruction into the student experience are very heavy on resources. PeerWise is a free, low-maintenance, web-tool designed to allow peer instruction between students within a large class group. Students can write, answer and discuss Multiple Choice Questions (MCQs) based on their work in-class.

In this study, we introduce PeerWise to a wide and varied cohort of science students (N=509) across different disciplines, undergraduate years, levels (certificate to honours degree) and institutes. The attitudes of the students …

Postgraduate Researchers Who Teach: How Can National Policy And The Structured Phd Centralise This Forgotten Tribe And Celebrate Their Skills In Tackling Some Of The Current Challenges In Irish Higher Education?, Barry Ryan

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Some of the current challenges faced by Higher Education Institutes (HEIs) include financial constraints imposed by the economic downturn, the requirement to ‘teach more with less’, and the use of the knowledge based economy to drive economic stabilisation and recovery. HEIs have adopted a number of approaches to address these drivers of change including centralising the postgraduate research student who teaches. The role of these postgraduate research students is one that is not often highlighted within the fabric of the HEI; however, these transient researchers play two key roles: full-time researchers and novice educators. Centralising and celebrating the research skills …

Through The Lens Of Innovation, Mirit Eyal-Cohen

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The legal system constantly follows the footsteps of innovation and attempts to discourage its migration overseas. Yet, present legal rules that inform and explain entrepreneurial circumstances lack a core understanding of the concept of entrepreneurship. By its nature, law imposes order. It provides rules, remedies, and classifications that direct behavior in a consistent manner. Entrepreneurship turns on the contrary. It entails making creative judgments about the unknown. It involves adapting to disarray. It thrives on deviation as opposed to traditional causation. This Article argues that these differences matter. It demonstrates that current laws lock entrepreneurs into inefficient legal routes. Through …

Fifty Years After The Passage Of Title Vii: Is It Time For The Government To Use The Bully Pulpit To Enact A Status-Blind Harassment Statute, Marcia Narine

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No abstract provided.

Investment Arbitration In East Asia And The Pacific A Statistical Analysis Of Bilateral Investment Treaties, Other International Investment Agreements And Investment Arbitrations In The Region, Sandra Friedrich, Claudia T. Salomon

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Many countries in the East Asian and Pacific (EAP) region have strengthened their networks of bilateral investment treaties (BITs) and other international investment agreements (IIAs). This growth in investment protection instruments not only illustrates the region's continued attractiveness to foreign investors, but also reflects a shift of several developing EAP countries from having been predominantly recipients of foreign investment in the past, toward becoming important sources of foreign investment abroad. Reflecting trade and investment patterns, as of December 2014, EAP countries concluded a total of at least 712 BITs and 69 other IlAs. On the heels of this development, the …

Agricultural Biotechnology: Drawing On International Law To Promote Progress, J. Janewa Osei-Tutu

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In Bowman v. Monsanto, the Supreme Court declined to apply the principle of exhaustion to limit the patentee's ability to control the reproduction of self-replicating inventions. This decision was justified from a patent law perspective on the basis that a patent holder has a right to prevent others from making the invention. But what happens when we take other perspectives into account? For instance, a farmer might have human rights or other rights that may need to be balanced against the patentee's right. Since globalized intellectual property standards were established through international agreements and much of the resistance to …

The Right To Be Forgotten: Who Decides What The World Forgets, Patricia S. Abril, Jacqueline D. Lipton

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In May 2014, the Court of Justice for the European Union ("CJEU") surprised the global cyberlaw community by holding that search engines like Google are "controllers" of the processing of personal data under the European Union Data Protection Directive. This means that they are obliged in some circumstances to remove links from search results that pertain to information that infringes on an individual's rights under the Directive. This obligation has come to be referred to as an aspect of a digital right to be forgotten." The search results in question related to a mortgage sale of property in a bankruptcy …

Mindful Ethics And The Cultivation Of Concentration, Scott L. Rogers, Jan L. Jacobowitz

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No abstract provided.

Resistance Songs: Mobilizing The Law And Politics Of Community, Anthony V. Alfieri

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No abstract provided.

Standing (In) For The Government, Sergio J. Campos

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No abstract provided.

Redressing Hiv/Aids Discrimination In Nigeria: The Implications Of The Anti-Discrimination Act Of 2015, Ngozi Okidegbe

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No abstract provided.

The Case For Evidence-Based Free Exercise Accommodation: Why The Religious Freedom Restoration Act Is Bad Public Policy, Marci A. Hamilton

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No abstract provided.

Revisiting The Revolution: Reintegrating The Wealth Transmission System, Melanie B. Leslie, Stewart E. Sterk

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Thirty years ago, John Langbein published "The Nonprobate Revolution and the Future of Succession." The article celebrated testators' newfound ability to avoid the expense and delay of the probate court system by holding assets in a variety of non-probate devices, such as retirement and bank accounts with beneficiary designations and revocable trusts. Langbein high-lighted problems the revolution might generate and predicted how they might be resolved. Since then, significant problems have indeed developed. First, wills law doctrines designed to effectuate intent of testators have not been universally extended to non-probate transfers. Second, the fragmentation of the wealth transmission process has …

Against Martdom: A Liberal Argument For Accomodation Of Religion Symposium: Religious Liberty And The Free Society: Celebrating The 50th Anniversary Of Dignitatis Humanae, Paul Horwitz

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No abstract provided.

Critical Perspectives On Police, Policing, And Mass Incarceration, Richard Delgado, Jean Stefancic

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Shows that aggressive policing is only one of a number of measures that society uses to control minority groups with whom it is displeased for some reason and that failing to see how the authorities deploy the different measures separately serially or in coordinated fashion is a serious mistake Sketches a new form of policing that is respectful of minority residents and values and provides a framework for reducing excessive incarceration and mitigating some of the cruelties associated with it

When Can A State Sue The United States?, Tara Leigh Grove

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State suits against the federal government are on the rise From Massachusetts' challenge to federal environmental policy to Oregon's confrontation over physicianassisted suicide to Texas's suit over the Obama administration's immigration program States increasingly go to court to express their disagreement with federal policy This Article offers a new theory of state standing that seeks to explain when a State may sue the United States I argue that States have broad standing to sue the federal government to protect state law Accordingly a State may challenge federal statutes or regulations that preempt or otherwise undermine the continued enforceability of state …

What Patients With Disability Teach Us About The Everyday Ethics Of Healthcare, Elizabeth Pendo

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In Healers: Extraordinary Clinicians at Work, by David Schenck and Dr. Larry Churchill, and in What Patients Teach: The Everyday Ethics of Health Care, their follow-up with Joseph Fanning, the authors look at the everyday experience of health care and the relationships that shape it. They call attention to the ethical dimensions of the clinical encounter and the hope for, and desirability of, a genuine human engagement between the clinician and the patient. In their view, healers are clinicians who cultivate a therapeutic relationship with their patients. They identify a set of skills that accomplish this, including welcoming …

Labor Activism In Bankruptcy, Andrew B. Dawson

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This article analyzes the role of labor unions in corporate reorganizations and argues that labor union participation can improve corporate governance in the bankruptcy context. Generally, when a unionized corporation seeks to reorganize in bankruptcy, it does so with an eye towards obtaining concessions from its labor unions. The Bankruptcy Code permits corporate debtors to reject their collective bargaining agreements and to impose reduced wages and benefits, thus placing labor unions in a position of bargaining over concessions in bankruptcy. Such concession bargaining is vitally important to the labor union and to the debtor's reorganization efforts; however, the focus on …

Beyond Stateless Democracy, Stephen W. Sawyer, William J. Novak, James T. Sparrow

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Pierre Bourdieu began his posthumously published lectures “On the State” by highlighting the three dominant traditions that have framed most thinking about the state in Western social science and modern social theory. On the one hand, he highlighted what he termed the “initial definition” of the state as a “neutral site” designed to regulate conflict and “serve the common good.” Bourdieu traced this essentially classical liberal conception of the state back to the pioneering political treatises of Thomas Hobbes and John Locke.1 In direct response to this “optimistic functionalism,” Bourdieu noted the rise of a critical and more “pessimistic” alternative—something …