Digital Commons Network^™

Commandeering And Its Alternatives: A Federalism Perspective, Neil S. Siegel

Faculty Scholarship

This inquiry argues that current Tenth Amendment jurisprudence causes net harm to federalism values under certain circumstances. Specifically, New York v. United States and Printz v. United States protect state autonomy to some extent by requiring the federal government to internalize more of the costs of federal regulation before engaging in regulation, and by addressing any accountability problems that commandeering can cause. But anticommandeering doctrine harms state autonomy in situations where the presence of the rule triggers more preemption going forward. Preemption generally causes a greater compromise of federalism values than does commandeering by eroding state regulatory control. While it …

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 13, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Medical Library Association's Professional Development Progam: A Look Back At The Way Ahead, Fred W. Roper

Faculty Publications

No abstract provided.

We Take From It What We Need: A Portraiture Approach To Understanding A Social Movement Through The Power Of Story And Storytelling Leadership, Karen Lynn Gilliam

Antioch University Dissertations & Theses

This study examined a social movement through the power of story and storytelling and its influence on behavior from a purposeful sampling of individuals who heard the story of Joan Southgate’s journey. Ms. Southgate, a 73-year-old African-American, walked the 519 miles of the underground-railroad across Ohio, Pennsylvania, New York and into Canada. The grand narrative of the underground-railroad is a never-ending story, subject to change with each re-telling and/or unveiling of polyphonic microstories. Stories have the ability to capture emotion and reason, hearts and minds. While storytelling is thought to be a most powerful means of communicating, very little scholarly …

Community Partner Indicators Of Engagement: An Action Research Study On Campus-Community Partnership, Sean J. Creighton

Antioch University Dissertations & Theses

The central purpose of this research study was to develop common indicators of engagement for civic initiatives between institutions of higher education and their community organization partners. The unique aspect of this study was that the indicators were generated by the community organizations participating as stakeholders in campus-community partnerships. Using an action research methodology that involved eleven community organization participants from the health and wellness sector, the study advocated for research that provided a deeper understanding of the perspectives of community organizations. Findings suggested that significant divides existed in core civic areas dealing with service-learning, relevance of academic research, and …

An Exploration Of Theories Of Action In Leadership Development: A Case Study, Scott J. Allen

Antioch University Dissertations & Theses

The central purpose of the present study was to examine how academic notions of leadership development compare and contrast with the theory of action that guides corporate leadership development initiatives. A secondary purpose was to analyze the process and potential extensions of the user-focused theory of action approach. Initial findings suggest that the user-focused theory of action approach is transferable to the case studied. In addition, an analysis of the leadership development literature and the Frontline Leadership Excellence System yielded a thought-provoking comparison of theory and practice. The study also provided an analysis of literature gaps and useful suggestions regarding …

Telling Our Stories: A Phenomenological Study Of The Leader’S Gendered Experience Of Self-Disclosing, Dee Giffin Flaherty

Antioch University Dissertations & Theses

Leadership is a personal process that involves creating communities and influencing change through relationships of influence. This research explores one aspect of leadership, that of self-disclosing. The self-disclosure of leaders affects all aspects of leadership. Self-disclosure is personal in that people’s voices are unique and come from their sense of self. The appropriate use of self-disclosure can facilitate increased self-awareness, and greater mental and physical health. Leaders can influence change by the strategic sharing of their disclosures. Communities are built when people can identify with leaders stories and be guided toward a shared vision. The purpose of this study is …

Leadership As Teaching: Mapping The Thinking Of Administrators And Teachers, Mary Ellen Steele-Pierce

Antioch University Dissertations & Theses

Leading and teaching both involve processes that permit others to transform their thinking. Yet there has been little systematic, empirical research to connect the two. This exploratory study examines K-12 educational leadership asking: What are the similarities and differences in the ways school administrators think about "leading" compared to the ways teachers think about "teaching"? This mixed methods study offers an examination of whether administrators think about their work in terms of "the vital teaching role of leadership" (Burns, 1978, p. 425) by creating and comparing three sets of concept maps, one for teachers and administrators and one for each …

Selecting Leadership: An Analysis Of Predictors In Assessing Leadership Potential, Andrea L. Zavakos

Antioch University Dissertations & Theses

The purpose of this study was to identify predictors of leadership using a newly developed assessment for leadership selection within the healthcare industry by comparing assessment scores to supervisor rankings of the subjects. The study population consisted of 195 employees of 11 different hospitals. Each of the participants completed the Healthcare Leadership Inventory (HLI) assessment; their immediate supervisors completed performance ratings for them. None of the instruments were designed by the researcher. The dependent variable of the study was the supervisor-provided factor of Promotion Potential. Stepwise multiple regression was the main analytical approach. The analysis yielded two predictors of leadership …

Adjusting The Margins: Building Bridges Between Deaf And Hearing Cultures Through Performance Arts, Luane Ruth Davis Haggerty

Antioch University Dissertations & Theses

This study addresses a gap in scholarship on leadership styles in the Deaf community. There is an invisible style of leadership differing from the mainstream culture not previously addressed in the literature at any depth. My study is composed of three interlocking parts; the practice of anthropology: fieldwork, analysis, and presentation. The foundation for my fieldwork, is an "archeology of the structure of the perceived world" (Merleau-Ponty), using the holding environment of the rehearsal process and the structural process of an acting technique called Del-Sign. Del-Sign is a fusion acting style created by combining American Sign Language and the Delsarte …

A New I Do: Towards A Marriage-Neutral Income Tax, Shari Motro

Law Faculty Publications

The federal income tax system treats married couples as if each spouse earned approximately one-half of the couple's combined income through a mechanism called "income splitting. " For many one-earner and unequal-earner couples, income splitting produces a significant advantage, a "marriage bonus," by shifting income from higher to lower rate brackets. Marriage-based income splitting relies on a presumption that marriage is a good indicator of economic unity between two taxpayers. It is not. Marriage does not require spousal sharing, and many unmarried couples share everything they earn. As a result, the current system extends the benefit of income splitting to …

Speech Of Government Employees, Ann C. Hodges

Law Faculty Publications

For many years, government employment was considered a privilege rather than a right, and, as a result, the government could place restrictions on employee speech that would be unconstitutional if applied to citizens.

Jurisdiction And Discretion In Hybrid Law Cases, John F. Preis

Law Faculty Publications

An everlasting debate in the federal courts field is which branch of the federal government has the power to control federal jurisdiction. While some commentators and judges assert that the judiciary has the implicit authority to refine the boundaries of its jurisdiction, others argue that Article III vests that authority with Congress only and judicial modification of jurisdiction is illegitimate. In focusing almost entirely on the constitutional legitimacy of the question, this debate has overlooked an important consideration: Even if the judiciary may legitimately wield discretion in setting its jurisdiction, is such discretion functionally appropriate?

This Article argues that such …

Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Robinson

Law Faculty Publications

Single-sex public elementary and secondary schools are making a comeback. School districts are structuring these schools in a variety of ways, including by providing a single-sex public school for only one sex or by offering single-sex schools for both sexes. These disparate structures of single-sex schools create distinct potential harms, risks, and benefits for students. This Article contends that the constitutional framework applied to single-sex schools should be systematically modified to recognize the different potential harms, risks, and benefits of these single-sex schools in a manner that will create optimal conditions for creating single-sex public schools. The proposed modifications address …

[Introduction To] On The Drafting Of Tribal Constitutions, Felix S. Cohen, David E. Wilkins (Editor)

Bookshelf

Felix Cohen (1907-1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His "Basic Memorandum on Drafting of Tribal Constitutions," submitted in November 1934, provided practical guidelines for that effort.

Largely forgotten until Cohen's papers were released more than half a century later, the memorandum now receives the attention it has long deserved. David E. Wilkins presents the entire work, edited and introduced with …

Bearded Ladies Walking On The Brooklyn Bridge, David G. Epstein

Law Faculty Publications

This article discusses the post-Restatement Second use, misuse, and abuse of the terms "bilateral contract" and "unilateral contract" and answers the hypotheticals in the first paragraphs of the article.

The False Dichotomy Of Rape Trauma Syndrome, Holly Hogan

Cardozo Journal of Equal Rights & Social Justice

The article critiques the legal system's distinction between offensive and defensive uses of Rape Trauma Syndrome (RTS) testimony, arguing that this dichotomy is flawed. It contends that even testimony categorized as defensive often functions offensively by influencing the jury's perception of the victim's credibility. The article proposes a functional approach to evaluating RTS testimony, focusing on whether it vouches for the victim's credibility or explains counterintuitive behaviors, rather than adhering to the formal offensive/defensive framework.

Trials & Errors: The Rights Of The Korean Comfort Women And The Wrongful Dismissal Of The Joo Case By The District Of Columbia Federal Courts, L. David Nefouse

Cardozo Journal of Equal Rights & Social Justice

The article argues that the U.S. courts erred in dismissing the Joo case, which sought justice for Korean Comfort Women against Japan. It contends that the dismissals were based on flawed legal analyses, particularly regarding sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) and the political question doctrine. The author advocates for the women's right to a judicial hearing under U.S. and international law, emphasizing the need for accountability for war crimes and crimes against humanity.

The Tale Of Two Systems: How Integrated Divorce Laws Can Remedy The Unintended Effects Of Pure No-Fault Divorce, Karen Turnage Boyd

Cardozo Journal of Equal Rights & Social Justice

The article critiques the unintended consequences of pure no-fault divorce laws, arguing that they fail to protect the economic and emotional well-being of innocent spouses, particularly women and homemakers. It advocates for an integrated divorce system that combines fault and no-fault grounds, using Georgia's approach as a model. This hybrid system would allow courts to consider fault in property distribution and spousal support, providing greater protections for vulnerable parties while maintaining the flexibility of no-fault divorce.

How Far Is The 'Door Ajar'? Whether Rape As Torture Is Actionable Under The Alien Tort Statute After Sosa, Zachary S. Kahn

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

What's The Hold-Up? Making The Case For Lifetime Orders Of Protection In New York State, Jennifer Rios

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the implementation of lifetime or extended orders of protection in New York State to better safeguard domestic violence victims. It highlights the limitations of the current legal framework, which requires victims to repeatedly seek renewals of protective orders, and argues that longer or indefinite orders would reduce trauma and enhance safety. The analysis draws on comparative examples from states like New Jersey and California to support its proposal for stronger legal measures.

A Hero For All Time?, Robert Lowe

College of Education Faculty Research and Publications

Book review of: Rousmaniere, K. (2005). Citizen Teacher: The Life and Leadership of Margaret Haley. New York: State University of New York Press.

"True Threats" And The Issue Of Intent, Paul T. Crane

Law Faculty Publications

This Note will proceed in five Parts. Part I will serve as a short introduction to the category of true threats and its place within First Amendment jurisprudence. Part II will examine the history of true threats and intent leading up to Virginia v. Black, highlighting the foundational opinion of Watts v. United States and the various intent approaches that became available in its wake. Part III will discuss the potential interpretations of the language in Black, and Part IV will explain how lower courts have treated the Court's definition of true threats in Black. Finally, Part V will address …

James Madison’S Celebrated Report Of 1800: The Transformation Of The Tenth Amendment, Kurt T. Lash

Law Faculty Publications

It has become commonplace to describe the Rehnquist Court as having staged a "Federalism Revolution." Although the current status of the Revolution is in dispute, historical treatment of the Supreme Court's jurisprudence under Chief Justice Rehnquist no doubt will emphasize a resurgence of federalism and limited construction of federal power. Cases like Gregory v. Ashcroft, New York v. United States, United States v. Lopez, Printz v. United States, Alden v. Maine, and United States v. Morrison all share a common rule of interpretation: Narrow construction of federal power to interfere with matters believed best left under state control. The textual …

Cumulative Supplement To Jurisdiction In Civil Action, Wendy Collins Perdue

Law Faculty Publications

Cumulative supplement to Jurisdiction in Civil Action Third Edition.

The Cost Of Our Counties, Katherine Mayse, Brian A. Hernandez, Mark Mahoney, Meredith Grunke, Michele Brown, Jessica Donovan, Danielle Welty, John Bender

College of Journalism and Mass Communications: Student Media

This series of 15 stories examines County government in Nebraska -- how it came to be as it is, what it does. what it costs, and what it means to the people who live in central and western Nebraska. The stories were reported and written by students in the Depth Reporting class at the University of Nebraska-Lincoln College of Journalism and Mass Communications. Cooperating in publication of the 15-part series were the Kearney Hub, North Platte Telegraph, and Scottsbluff Star-Herald.

Contents
Series looks at questions of state's county structure
Despite job's big changes, career lawman still is …

On Sovereignty And Overhumanity Why It Matters How We Read Nietzsche's Genealogy 11:2, Christa Davis Acampora

Publications and Research

There is nearly unanimous agreement, among those who bother to pay attention to Nietzsche's anomalous claim about the "sovereign individual" in the second essay of On the Genealogy of Morals that the "sovereign" is Nietzsche's ideal, and many more still take sovereignty as the signature feature of the overman Nietzsche heralds in his Thus Spoke Zarathustra and other writings. I describe the reception among Nietzsche scholars as "nearly unanimous" because there has been at least one cry of dissent: that issued by Lawrence Harab. Curiously, his brief but incisive comments about the problematic nature of several readings along these lines …

Do You Want Spam With That - The Can-Spam Act, Preemption, And First Amendment Commercial Speech Jurisprudence Concerning State University Anti-Solicitation E-Mail Policy, Dan Hopper

SMU Law Review

No abstract provided.

Paradise Kept: A Rule-Based Approach To The Analysis Of Transactions Involving Disregarded Entities, Alice G. Abreu

SMU Law Review

No abstract provided.