Digital Commons Network^™

A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt

Faculty Scholarship

From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review essays of "Against Prediction" by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist and critical race theory to the intricate details …

A Prisoners' Charter? Reflections On Prisoner Litigation Under The Canadian Charter Of Rights And Freedoms, Debra Parkes

All Faculty Publications

This paper examines over twenty years of prisoner litigation under the Canadian Charter of Rights and Freedoms, beginning with a brief consideration of the social and political context for prisoners into which the Charter was entrenched in 1982, before moving on to consider a variety of successful and unsuccessful prisoners' Charter claims. The author notes some ways in which the impact of the Charter has been diminished at the prison walls, including through a lack of full and meaningful access by prisoners to courts or other means of independent review of prison decisions and conditions, as well as by the …

Optimal Formation Of Supplier Networks For Product Design And Production Phases To Realize An Evolving Product Family, Padmavathi K. Pakala

Masters Theses

"Due to rapid changes in customer requirements and vast improvements in technology, many product development companies have identified strategies like time-to-market (TTM) compression and product family development as critical for attaining success in today's hyper-competitive markets. Compressing the TTM, to a large extent, is dependent on the suppliers and the project execution skills of the integrator companies. This study presents a methodology for selecting suppliers for two significant phases of the product realization process, namely, product design and production. The proposed methodology uses a two-stage approach for supplier selection where suppliers for product design are selected in the first stage …

High Times In Wyoming: Reflecting The State's Values By Eliminating Barriers And Creating Opportunities For Women In The Equality State, Dona Playton, Stacey L. Obrecht

Wyoming Law Review

No abstract provided.

The Effect Of Energy Development On The Courts, John R. Perry

Wyoming Law Review

No abstract provided.

Clinical & Externship Programs, Jennifer Gundlach, Robert Dinerstein, Irene Bowen, Kerie Gould, Christine Griffin

Hofstra Law Faculty Scholarship

Clinics provide an opportunity for students to engage in a very critical, reflective process about their role as lawyers representing clients and about their position within the legal profession as a whole. In some ways, it makes my job quite easy. It is such a natural outgrowth of all of the conversations that I am having with students, including those with disabilities, to think and talk with them about the areas that challenge them and to begin to explore that as they are taking on this practicing role. Additionally, it gives me the opportunity to talk with them about their …

Family Court And The Unique Needs Of Children And Families Who Lack Immigration Status, Theo Liebmann

Hofstra Law Faculty Scholarship

Language abounds in the New York Family Court Act on the Court's duties to aid families in crisis, to maintain families whenever appropriate, to safeguard children's well-being, and to provide children with permanency in their lives. These are not narrow obligations, and as the population served by the New York City Family Court changes, its judges, practitioners, and agencies must adapt. The Court today must meet the challenge of a dramatically changing demographic: the ever-rising number of children and families in New York City who do not have legal immigration status. This Article examines the complex interplay between immigration issues …

Guardian Angel (Ireland), Thomas Cooney

Case studies

It was the summer of 2006 and three friends of many years had come up with a business idea that they believed could be a money-spinner for all of them. Maria Harrison, Krystle Malone and Marie Lyons had all been students at the Technological University Dublin and had recently completed their degree in Marketing. As part of their programme, they had taken a course on Entrepreneurship by way of interest rather than any deep-rooted desire to start their own business. But now, they are about to meet a venture capital company to ask for €300,000 to get the business started. …

Mr. Prinzo's Breakthrough And The Limits Of Confidentiality, Nancy J. Moore

Faculty Scholarship

Engaging students in the required Professional Responsibility course is not always easy. There are many ways we attempt to overcome this resistance, including bringing in current events, emphasizing remedies other than lawyer discipline, and making use of a number of currently available audio-visual aids, including clips from movies and television shows. In this article, the author describes her use of Mr. Prinzo's Breakthrough, an absurd, black humor short story by Bruce Jay Friedman, to teach the limits of the obligation of confidentiality.

Bankruptcy Reform And Homeownership Risk, Melissa B. Jacoby

Faculty Publications

No abstract provided.

The Supreme Court Of Canada Crumbles Mr. Christie's Cookie, Anthony F. Sheppard

All Faculty Publications

In British Columbia (Attorney General) v. Christie, 2007 SCC 21, [2007] 1 SCR 873, the unanimous full bench of the Supreme Court of Canada upheld a provincial sales tax ("PST") on legal services, rejecting a Charter challenge and overturning the lower courts' decisions that partially invalidated the tax. The taxpayer, a lawyer practising poverty law in British Columbia, challenged the validity of a provincial sales tax charging 7 percent on fees billed for legal services and payable on billing. The PST on legal services required lawyers and notaries public in private practice to add the tax onto their billings. The …

Outsourcing And The Globalizing Legal Profession, Jayanth K. Krishnan

Articles by Maurer Faculty

The issue of outsourcing jobs abroad stirs great emotion among Americans. Economic free-traders fiercely defend outsourcing as a positive for the U.S. economy while critics contend that corporate desire for low wages solely drives this practice. In this study I focus on a specific type of outsourcing, one which has received scant scholarly attention to date - legal outsourcing. Indeed because the work is often paralegal in nature, many see the outsourcing of legal jobs overseas as no different from other types of outsourcing. But by using as my case studies both the United States and India, the latter which …

Scholarly Discourse, Public Perceptions, And The Cementing Of Norms: The Case Of The Indian Supreme Court And A Plea For Research, Jayanth K. Krishnan

Articles by Maurer Faculty

For economic and nuclear reasons, India has received considerable attention over the last decade from observers in the United States. But attuned Americans are well-aware of India's rich culture and status as a shining constitutional democracy for most of its post-1947 independent history. For all that India has accomplished, however, its public has long viewed its government officials with great disdain. At the same time, a fascinating norm exists in this society which holds one institution in exceedingly high regard - the Indian Supreme Court.

In this article, I seek to examine what accounts for this counter-intuitive norm. As opposed …

"Rum, Sodomy, And The Lash" What The Military Thrives On And How It Affects Legal Recruitment And Law Schools, Elizabeth L. Hillman, Sharra E. Greer, Warrington S. Parker Iii, Diane H. Mazur

Faculty Scholarship

No abstract provided.

Comparison Of Two Treatments For Finger Tip Amputation: A Retrospective Cohort Study, Karen Olson

USF Tampa Graduate Theses and Dissertations

Purpose: To compare the costs and length of disability for conservative treatment versus skin grafting of distal finger and thumb tip amputations. Methods: Thirty-five zone I finger or thumb tip amputations in thirty-five workers in the Southeastern United States were included in this study. Twenty-four were treated with conservative treatment (bandaging to protect the wound). Eleven were treated with skin grafting. The total cost of medical care, total cost including wage replacement, and the length of disability were compared between the two groups. Impairment at the end of treatment was considered. Results: Even when the cost of wage replacement was …

The Curious Incident Of The Law Firm That Did Nothing In The Night-Time, Nancy B. Rapoport

Scholarly Works

This essay argues that organizations (here, the Milbank, Tweed law firm) often ignore obviously bad behavior by their employees because of various psychological and sociological factors that prevent them from recognizing the behavior as bad in the first place.

Flattening The World Of Legal Services? The Ethical And Liability Minefields Of Offshoring Legal And Law-Related Services, Carole Silver, Mary C. Daly

Articles by Maurer Faculty

This article examines offshore outsourcing of legal and law-related services as the newest twist in the international market for legal services. We consider the impact of offshore outsourcing on the profession generally and analyze the ethical issues raised by offshore outsourcing, both as it exists today and as the practice may develop in the future. The article begins by situating offshore outsourcing in the framework of relationships created in the context of delivery of legal services. This framework is used, in turn, to construct a structure of analysis for the ethical implications of offshore outsourcing. Lawyers who outsource to offshore …

A Design Science Approach To Developing And Determining Web Site Quality Dimensions For The Public Accounting Profession, Casty K. Nyaga

Theses: Doctorates and Masters

Public Accounting (PA) firms play an important role in both the local and the international business environment. Their accounting and business services functions cut across organisations, sectors and industries. Like other professional service firms, PA firms are becoming concerned about the World Wide Web (web) since the services they offer can be delivered via the web more efficiently (eg. at a lower cost) and effectively (24/7). Thus there is a need to assess the quality of their web site. This study developed an instrument for measuring PA web site quality based on an extensive literature review which identified the previously …