Digital Commons Network^™

Sexual Harassment In The Workplace: How Arbitrators Decide , Mollie H. Bowers, E. Patrick Mcdermott

Cleveland State Law Review

For thirty years courts and labor arbitrators have grappled with what constitutes sexual harassment and how to remedy such behavior. The Federal judiciary has developed case law on sexual harassment under Title VII of the Civil Rights Act of 1964. However, arbitrators addressing this issue under collective bargaining agreements have often treated similar fact patterns differently than jurists. In contrast, labor arbitrators decide culpability first, and then consider the appropriate remedy. In reconciling these separate paths for establishing standards of workplace conduct, the authors will provide a model that explains how arbitrators decide sexual harassment cases and how this model …

Kass V. Kass, Blazing Legal Trails In The Field Of Human Reproductive Technology, Kelly Summers

Cleveland State Law Review

The decision in Kass illustrates a situation where well-founded common law contract principles were applied to a novel reproductive issue in order to respond to rapidly evolving technological progress. However, this legal dilemma presents a variable that warrants special attention. The parties involved in the case at hand struggled for control of a possible human life; Mrs. Kass hoped to preserve the pre-zygotes for future implantation attempts, and Mr. Kass sought to avoid the tribulations associated with compulsory parenthood. This Comment will evaluate the decisions rendered by both the Supreme Court of New York and the New York Court of …

The Moral Hazard Of The Estate Tax , Carolyn C. Jones

Cleveland State Law Review

The current debate about wealth transfer taxation has its themes of morality as well. Opponents have labeled the tax as “immoral.” Taxation is about morality. It is both useful and necessary to consider moral arguments in the debate about the estate tax. In an area largely consigned to economists and philosophers, it is beneficial to broaden perspectives. One could expand the range of academic disciplines considered-to history, psychology, and sociology, for example. One should also take into account the narratives of those affected by the issue. This essay can only probe into this question, beginning with Andrew Carnegie and the …

Sexual Misconduct And The Government: Time To Take A Stand , Andrea B. Daloia

Cleveland State Law Review

This Note analyzes law enforcement's use of one particularly troublesome tactic-the use of sexual acts or romantic promises to encourage a defendant to participate in illegal activities or to obtain information that can be used against the defendant at trial. The first part of this Note gives a brief history of the outrageous government conduct defense, including its distinction from entrapment, its origin and its lack of success in the courts. Although the entrapment defense and the outrageous conduct defense have some similarities, they are in fact quite different. The second section of this Note discusses the perception of sex …

Disappearing Acts: The State And Violence Against Women In The Twentieth Century, Michelle Fine, Lois Weis

Publications and Research

As children we held our breath, our senses filled with the musty smells of elephants, the staccato flashes of twirling plastic flashlights, the terrors of trapeze. With mystery, moustache, and elegance, the magician waved a wand, invited a woman, usually White, seemingly working class, into a box. She disappeared or was cut in half. Applause. Our early introduction to the notion of the sponsored disappearing act. So, too, at the end of the twentieth century, we witness poor and working-class women shoved into spaces too small for human form, no elegance, no wand. And they too disappear. Disappearing from welfare …

Violence In Schools: Expanding The Dialogue, Stephanie Urso Spina

Publications and Research

Introductory chapter to Smoke and Mirrors: The Hidden Context of Violence in Schools and Society, edited by Stephanie Urso Spina, Ph.D., published by Rowman & Littlefield in 2000 and is, unfortunately, still timely today.

Morphology And Photocatalysis Of Titanium Dioxide Aerogels, Sean Kelly

Dissertations, Theses, and Capstone Projects

Pollution of our environment has become one of the most serious problems of this century. Titanium dioxide aerogels is composed of nanocrystallites of TiO2 close-packed in roughly spherical mesospheres, which are agglomerated to form a highly-porous sponge. Aerogel morphology produces porosities of around 80% and surface area that can be as large as 1000 m2/g. The aerogels efficiently adsorb organic materials from the environment and when illuminated with UV light, decompose or oxidize the organic pollutants, ultimately to safe by-products such as CO2 and H 2O.

In this work we modify the synthetic conditions to produce aerogels with different morphologies …

Redemption And Recovery: An Ethnographic Comparison Of Two Drug Rehabilitation Programs, A Faith Community And A Therapeutic Community, Daniel E. Hood

Dissertations, Theses, and Capstone Projects

This ethnography of long-term residential programs for drug users compares a therapeutic community (TC) with an evangelical Christian "training program." Using participant observation and life history interviews, it pursues three themes. The first is comparative and descriptive. It poses a basic similarity between the ideologically disparate programs. Parallels in program process and personal experience of "identity transformation" (conversion) are described. Despite the religious/secular divide, important similarities in anthropological assumptions are also identified. Contrary to earlier research, the singularity of the clientele is demonstrated. Other parallels include the ritual function of prayer and encounter, the centrality of selective biographical reconstruction, and …

Wittgenstein And The Grammar Of Physics: A Study Of Ludwig Wittgenstein's 1929-1930 Manuscripts And The Roots Of His Later Philosophy, Anton Alterman

Dissertations, Theses, and Capstone Projects

In 1929 Wittgenstein began to work on the first philosophical manuscripts he had kept since completing the Tractatus Logico-Philosophicus (TLP) in 1918. The impetus for this was his conviction that the logic of the TLP was flawed: it was unable to account for the fact that a proposition that assigns a single value on a continuum to a simple object thereby excludes all assignments of different values to the object (the "color exclusion" problem). Consequently Wittgenstein's "atomic propositions" could not be logically independent of one another.

Initially he thought he could replace the "logically perfect language" of the TLP with …

Mortar Estimates Independent Of Number Of Subdomains, Jay Gopalakrishnan

Mathematics and Statistics Faculty Publications and Presentations

The stability and error estimates for the mortar finite element method are well established. This work examines the dependence of constants in these estimates on shape and number of subdomains. By means of a Poincar´e inequality and some scaling arguments, these estimates are found not to deteriorate with increase in number of subdomains.