Digital Commons Network^™

Labor Struggles, New Social Movements, And America's Favorite Pastime: New York Workers Take On New Era Cap Company, Victoria Carty

Sociology Faculty Articles and Research

Contemporary economic globalization, which is driven and regulated primarily by multinational corporations, has a direct impact on workers' lives. Trade agreements such as the North American Free Trade Agreement (NAFTA) tend to be controlled by corporate interests in the wealthy, industrialized nations. Those countries set the agenda to protect the interests of foreign investors and facilitate the mobility of capital, but they do little to protect the interests of labor. In response, workers in both the global North and South have been forced to rely on their own individual efforts to protect themselves against unfair labor practices. This article presents …

Boilerplate Today: The Rise Of Modularity And The Waning Of Consent, Margaret Jane Radin

Michigan Law Review

Thanks to the vision of Omri Ben-Shahar and the excellence of the scholars contributing to this symposium, students of the law of commercial exchange transactions will now understand how important and interesting, and indeed exciting, boilerplate really is. The various presentations are so rich that my assigned task of commentary cannot approach an adequate summation. Instead of attempting such a task, therefore, I will take up a slightly different one. My commentary will relate some of the ideas presented in the symposium to two themes that I think are significant for the groundwork of contract today: the growing modularity of …

The Law And Sociology Of Boilerplate, Todd D. Rakoff

Michigan Law Review

In my view, the scholarship presented at this symposium demonstrates that, in order to analyze form contracts and boilerplate successfully, one must carry out a set of operations that embodies an approach I will call law and sociology. But I presume I was invited to be a commentator at this conference on boilerplate not because the article I wrote on one branch of the subject awhile back exemplified this methodological approach, but because it took a rather strong substantive position. And so I think I ought first to say a brief word about that. The article in question concerned contracts …

The Limits Of Courage And Principle, Jedediah Purdy

Michigan Law Review

Michael Ignatieff, the director of the Carr Center for Human Rights at Harvard's Kennedy School of Government, is not a lawyer. His work, however, treats issues of core concern to lawyers: nation-building, human rights, the ethics of warfare, and now, in his latest book, the proper relationship between liberty and security. The Lesser Evil is, in part, a book a legal scholar might have written: a normative framework for lawmaking in the face of the terror threat. It is also something more unusual: an exercise in an older type of jurisprudence. Ignatieff discusses law in the light of moral psychology …

Postcoloniality And Mythologies Of Civil(Ized) Society, Tayyab Mahmud

Faculty Articles

This article argues that the discourse of viability of civil society in postcolonial polities is theoretically ungrounded, and helps to further marginalize subordinated sections of these societies. These failings result from the imprisonment of dominant social theories in Eurocentric unilinear evolutionism, an imprisonment that blinds one from the particularities of supposedly universal categories that issue from Europe's experience of modernity. Furthermore, enthusiasm for civil society ignores the truncated colonial career of modernity and the nature of the postcolonial state. In order to substantiate these propositions, the paper traces the genealogy of the concept of civil society, examines the colonial career …

A Lesbian Centered Critique Of “Genetic Parenthood”, Julie Shapiro

Faculty Articles

Recent years have seen a proliferation of alternative reproductive technologies and the ready availability of reliable DNA testing. These developments have lead to enormous uncertainty concerning the meaning of a genetic tie between adult and child. On the one hand, reproductive technology has lead to a robust market where genetic material is readily bought and sold. This suggests it is not the root of parental status. On the other hand, DNA testing has allowed men to contest paternity of children, asserting that they are not genetically related to them. And their challenges have often been successful. Genetic linkage is particularly …

Gender Differences In How Men And Women Referred With In Vitro Fertilization (Ivf) Cope With Infertility Stress, Brennan Peterson, C. R. Newton, K. H. Rosen, G. E. Skaggs

Psychology Faculty Articles and Research

Men and women use a variety of coping strategies to manage stress associated with infertility. While previous research has helped us understand these coping processes, questions remain about gender differences in coping and the nature of the relationship between coping and specific types of infertility stress. Methods: This study examined the coping behaviors of 1,026 (520 women, 506 men) consecutively referred patients at a Universityaffiliated teaching hospital. Participants completed the Ways of Coping Questionnaire, Fertility Problem Inventory, and the Dyadic Adjustment Scale. Results: Women used proportionately greater amounts of confrontive coping, accepting responsibility, seeking social support, and escape/avoidance when compared …

Latinos And American Law: Landmark Supreme Court Cases, Steven W. Bender

Faculty Articles

In this review, the author advocates for a work which provides much needed attention to Latinos in the context of American Law. Specifically, the review outlines key elements of Soltero’s work, which highlights Latino Supreme Court cases.

Farming Community In Transition: The Impact Of Sprawl On The Agricultural Legacy In The Bitterroot Valley, Jayne E. Barnes

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Comprehensive Forensic Case Report Case Umfc 39, Christina M. Traore

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

A Study Of The Decision To Remove Children From Their Parents By Child Welfare Supervisors, Charles F. Lorbeer

Walden Dissertations and Doctoral Studies

A STUDY OF THE DECISION TO REMOVE CHILDREN FROM THEIR PARENTS BY CHILD WELFARE SUPERVISORS

by Charles F. Lorbeer

Dissertation Chair: Dr. Aqueil Ahmad

Committee Members: Dr. Aqueil Ahmad, Dr. Robert Butters, and Dr. Ashakant Nimbark,

The goal of this study was to analyze the decision by child welfare supervisors to remove children from their parents. This was accomplished by studying the effect that three specific factors have on that decision. The three factors were 1) physical abuse, 2) domestic violence and substance abuse, and 3) availability of services to help the family.

Decision theory provided the conceptual framework for …

Enterprise Integrated Security Platform: A Comparison Of Remote Access And Extranet Virtual Private Networks, Emmanuel U. Opara, Jack T. Marchewka

Journal of International Technology and Information Management

The Internet has created unprecedented opportunities for both organizations and individuals. However, these opportunities also have created a double-edge sword as organizations attempt to connect trading partners, customers, and remote users while providing adequate security measures that are flexible and cost-effective. This paper explores why secured socket layer (SSL) may be better tool for secured remote access and extranets by comparing it to internet protocol security virtual private networks (IPSec-based VPNs).

Use Of Advanced Technologies And Information Solutions For North Sea Offshore Assets: Ambitious Changes And Socio-Technical Dimensions, Jayantha P. Liyanage, Eirik Bjerkebaek

Journal of International Technology and Information Management

The use of various forms of advanced technologies and information solutions are in common place to manage industrial assets today. This is widely seen as the way forward in various industrial sectors owing to range of commercial benefits offered by new technologies and its importance to gain competitive advantage. The objective of this paper is to describe such an ongoing major technology-dependent re- engineering process termed Integrated eOperations in oil and gas exploration and production business in North Sea since 2004-2005, and to highlight the nature of ambitious techno-managerial changes and its critical socio-technical dimensions. The change process focuses on …

Women In The Workplace: Which Women, Which Agenda?, Michael Selmi, Naomi R. Cahn

GW Law Faculty Publications & Other Works

Much of the work family literature that has blossomed over the last decade has focused on professional women and has emphasized policy changes that would be of less utility to many other working women and men. In this symposium contribution, we explore the recent data on working time to demonstrate that in today's economy more women are underemployed rather than overemployed. We also demonstrate that although professional women tend to work the longest hours, they also tend to have the greatest means, both in income and workplace benefits, to support them in achieving a workable balance between their work and …

Race In The City: The Triumph Of Diversity And The Loss Of Integration, Michael Selmi

GW Law Faculty Publications & Other Works

This symposium piece explores the current state of our cities with a particular emphasis on political power, education and housing, and examines whether our move away from integration and towards diversity has been a trade worth making. Despite the transformation of most of the largest cities to majority-minority status, the latest data indicate that our housing remains deeply segregated, and urban schools deeply troubled, and in many instances, whites have been able to retain political power. The increased emphasis on diversity has not translated into the expected multicultural renaissance. The essay also explores the emerging issues relating to the ascendancy …

Punishment And Accountability: Understanding And Reforming Criminal Sanctions In America, Donald Braman

GW Law Faculty Publications & Other Works

The vast majority of Americans favor sanctions that require offenders to engage in responsible behavior - to work, pay restitution, or support dependents; to participate in a mandatory job training, literacy, or drug treatment program; or to meet some other prosocial obligation. While this intuitive preference crosses political and ideological divides, nothing in our classical theories of punishment properly accounts for or develops this intuition. In this Article, Donald Braman explores the popular preference for and the benefits that attach to these accountability-reinforcing sanctions. Reviewing existing and original ethnographic, interview, and survey data, he describes why these sanctions have such …

Review Essay: 'Seeing Beyond The Limits Of International Law,' Jack L. Goldsmith And Eric A. Posner, 'The Limits Of International Law', Paul Schiff Berman

GW Law Faculty Publications & Other Works

In 'The Limits of International Law,' Jack Goldsmith and Eric Posner use the simplifying assumptions of rational choice theory in an attempt to demonstrate that international law has no independent valence whatsoever. Rather, according to the authors, each state single-mindedly pursues its own rational interest and obeys international legal norms only to the extent that such norms serve those pre-existing interests. In this Review Essay, I argue that their vision of international law is deeply flawed. In particular, I take issue with the authors' assumption that states simply have pre-existing unitary interests that they then rationally pursue. First, I argue …

Language, Deals And Standards: The Future Of Xml Contracts, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

eXtensible Markup Language (XML) structures information in documentary systems ranging from financial reports to medical records and business contracts. XML standards for specific applications are developed spontaneously by self-appointed technologists or entrepreneurs. XML's social and economic stakes are considerable, especially when developed for the private law of contracts. XML can reduce transaction costs but also limit the range of contractual expression and redefine the nature of law practice. So reliance on spontaneous development may be sub-optimal and identification of a more formal public standard setting model necessary. To exploit XML's advantages while minimizing risks, this Article envisions creating a publicly …

When Is A Mutual Fund Director Independent? The Unexplored Role Of Professional Relationships Under Section 2(A)(19) Of The Investment Company Act, Larry D. Barnett

DePaul Business & Commercial Law Journal

No abstract provided.

The Criminal Justice Response To Elder Abuse In Nursing Homes: A Routine Activities Perspective, Brian K. Payne, Randy R. Gainey

Sociology & Criminal Justice Faculty Publications

Politicians and researchers have begun to pay more attention to elder abuse in recent times. Most of the research on elder abuse has focused on cases of abuse perpetrated by family members, treating the phenomenon as a social problem, but it is increasingly being conceptualized as a crime problem. The current study examines elder abuse in nursing homes from a criminological perspective. Using routine activities theory as a guide, particular attention is given to the criminal justice system's response to abusive activities committed by nursing home employees. In all, 801 cases of abuse investigated by Medicaid Fraud Control Units are …

Sex In The City Of God, Diana Macalintal

School of Theology and Seminary Graduate Papers/Theses

The Church does not canonize saints; it canonizes causes, lifestyles, and attitudes. This is increasingly evident in the causes for lay people, especially married couples. Although it has made recent strides toward a more balanced theology of sexuality, the Catholic Church will not be comfortable canonizing happily married, sexually active couples until Mary is valued as a disciple and not exclusively as a virgin. Through an examination and evaluation of the explicit and implicit theology of sexuality as found in Scripture, Church teaching, and the canonization process, this paper will propose a new theology of sexuality based on a re-visioning …

Questioning The Banana Republic: A Comparative Case Study Of The Implications For Local Workers Of The United Fruit Companies' Operations In Ecuador And Colombia, Ryan Kenneth Bullock

Honors Theses

The market for internationally traded bananas has grown considerably throughout the 20“^ century, with bananas being grown almost entirely in developing countries and the vast majority of imports destined for developed countries’ markets. Historically, the global banana trade has been dominated by just a few large transnational corporations (TNCs), and if there has been once constant in the evolution of the global banana market in the Americas throughout the twentieth century, then it has been the United Fruit Company. The role of the United Fruit Company within the global banana market has been the subject of significant study and analysis, …

"The Sad (Or Angry) Lament:" An Exposition Of African American Struggles With Issues Of Gender In Relationships Depicted Through Works Of Literature., Bethany Joy Conner

Honors Theses

African-American gender roles have traditionally been problematic in regards to studying the effects of traditional western nonns upon the black community. The purpose of this work is to elaborate on the particular difficulties that African-American women face when confronted with rigid social constraints in relationships (platonic, romantic, and familial). African- American fictitious literature is adept at depicting the many and varied subtleties and complexities of African-American female experiences in relationships and presents an intriguing slant to this topic. Thus, this work is mostly based upon fiction by African-American female writers who deal directly with the effects of African-American gender roles. …

General Damages Are Incoherent, Incalculable, Incommensurable, And Inegalitarian (But Otherwise A Great Idea), Richard Abel

DePaul Law Review

No abstract provided.

Media Reporting Of Jury Verdicts: Is The Tail (Of The Distribution) Wagging The Dog?, Robert J. Maccoun

DePaul Law Review

No abstract provided.

Ecocritism And The Renaissance: A Study In Shakespeare And More, Melissa Levert Smith

Honors Theses

This study draws on ideas from the emerging field of literary criticism known as ecocriticism and extends its basic assumptions back to the Renaissance works of Thomas More and William Shakespeare. The research therefore includes primary Renaissance texts, current ecocritical works, and selections from the twentieth-century criticism from which ecocriticism developed. I investigate in detail More’s Utopia and Shakespeare’s A Midsummer Night’s Dream and King Lear. The study takes into account the disparity between Renaissance attitudes towards the environment and current concerns about pollution and scarcity of resources, but I suggest that the questions asked by ecocritical scholars today, when …

Improving Group Work: Voices Of Students, Brian K. Payne, Elizabeth Monk-Turner, Donald Smith, Melvina Sumter

Sociology & Criminal Justice Faculty Publications

Group work is increasingly being used in a variety of college courses. A number of strengths have driven the increase in the use of this form of collaborative learning. Still, a number of problems potentially limit the use of group projects. In this study, we report on research in which we examined how students recommended changing group projects. Results are categorized into student-centered themes and faculty-centered themes. Implications are provided.

The Moral Of The Story, Katie Beth Jones

Honors Program Theses

This thesis is written from the perspective of an elementary education major in anticipation of graduating and entering the teaching profession. Realizing the immense responsibility teachers bear for the academic and moral development of the next generation of Americans, she has researched the roles of various institutions in transmitting norms and values from one generation to the next and examined what gaps may exist in that transmission. Concerned for the future of American society, she set out to discover sources of what may be the demise of our culture and what role schools can and should have in the moral …

The Bullet And The Ballot? The Case For Felon Disenfranchisement Statutes, Roger Clegg, George T. Conway Iii, Kenneth K. Lee

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Many Are Chilled, But Few Are Frozen: How Transformative Learning In Popular Culture, Christianity, And Science Will Lead To The Eventual Demise Of Legally Sanctioned Discrimination Against Sexual Minorities In The United States, Susan J. Becker

American University Journal of Gender, Social Policy & the Law

No abstract provided.