Digital Commons Network^™

Lifting The Veil: Women And Islamic Law, Christie S. Warren

Cardozo Journal of Equal Rights & Social Justice

The article explores whether Islamic law can reconcile its teachings with the rights of women, highlighting the Prophet Muhammad's respectful treatment of women while examining the current disparities in women's rights in various Muslim-majority countries. It argues that while Islamic law has the potential to support gender equality, historical and cultural interpretations have often led to discrimination against women. The article suggests that reform is possible through reinterpretation of Islamic sources and increased female participation in legal scholarship.

Creating A Proper Incentive Structure: A Case Study Of Ledbetter V. Goodyear Tire & Rubber Co., Young Eun Lee

Cardozo Journal of Equal Rights & Social Justice

The note examines the Ledbetter v. Goodyear Tire & Rubber Co. case, highlighting the tension between procedural rules and fairness in employment discrimination claims. The Supreme Court's decision, which dismissed Lilly Ledbetter's pay discrimination claim as time-barred, underscores the challenges of balancing procedural timelines with the realities of identifying and addressing discrimination. The ruling, criticized for its strict interpretation of the 180-day filing period, led to legislative reforms like the Lily Ledbetter Fair Pay Act. The case emphasizes the need for clear employer policies and proactive measures to address pay disparities while ensuring employees can seek justice without undue delay.

Judicial Activism & Patent Law, P.P. Naolekar

National Law School of India Review

This article is a study of the role of the judiciary in patent protection in India. It begins with a theoretical exploration of the role of the judicial organ in any democratic society. It explains how the judiciary is not merely the arbiter of disputes but is also instrumental in delivering justice through determining and clarifying the status of law. The article then demonstrates the active nature of the Indian judiciary in patent protection through an examination of case law on the nature of patents and the legal consequences of infringement. The article moves to a brief survey of the …

Ducking Trips In India: A Saga Involving Novartis And The Legality Of Section 3(D), Shamnad Basheer, Prashant Reddy

National Law School of India Review

This paper is an evaluation of the decision in Novartis AG v. Union of India, where the Madras High Court decided on both, the constitutionality of s. 3(d) of the Indian Patents Act, 1970 and its compatibility with the TRIPS regime. The authors agree with the Court insofar as the court upheld the constitutionality of the section. They are, however, critical of the Court's decision to 'duck' out of deciding TRIPS compatibility on jurisdictional grounds. The authors disagree with the reasoning and contractual framework within which the Court found it had no jurisdiction, and posit that principles of constitutional law …

Patent Judicial Wisdom, Srividhya Raghavan

National Law School of India Review

The project of harmonisation of patent laws around the world under the aegis of the TRIPS Agreement has interacted with national policies and objectives in respect of patents in both developed and developing countries. This interaction has been mediated through the judiciary and the pervasive influence of the judiciary has been essential for the success enjoyed so far. However, the localised perspectives of the judiciary have also hindered the global project of harmonisation to a significant extent as divergent standards and approaches have come forth in spite of similar statutory foundations. This article seeks to analyse specific illustrations that highlight …

Patent Protection Through Interim Injunctions: Adding Sting To The Enforcement Of Indian Patent Law, Ashutosh Kumar

National Law School of India Review

The author argues that the standards governing the grant of an interim injunction must be reassessed in light of the growing importance of the interim injunction as a tool of resolving patent infringement litigation. He suggests that the standards applied in civil litigation generally are inappropriate because of four factors that qualitatively distinguish patent infringement litigation from civil litigation. The author proposes the acceptance of the model envisaged by Lord Diplock in American Cyanamid v. Ethicon as the appropriate model to govern injunctions in patent infringement litigation, and argues that a lower standard of prima facie case is more consistent …

Direct Price Control On Patented Drugs In India: The Probable Effects On Innovations And Access To Medicines, Ajay Prasad, Varsha Iyengar

National Law School of India Review

Addressing the growing concern stemming from the issue of access to and affordability of drugs, this article argues for the use of a direct price control mechanism to prevent the abuse of monopoly rights emerging from the patenting of pharmaceutical products. The article also demonstrates the limited utility of compulsory licensing in achieving access to medicines, and explodes the myth of direct price control necessarily hindering innovation, consequently putting forward a persuasive case for reformulating and rigorously implementing India's hitherto impotent price control regime.

Determining Optimum Planting Dates For Pearl Millet For Two Contrasting Environments Using A Modelling Approach, C. M. T. Soler, N. Maman, X. Zhang, S. C. Mason, G. Hoogenboom

Department of Agronomy and Horticulture: Faculty Publications

Pearl millet [Pennisetum glaucum (L) R. Br.] is an important cereal crop in Niger, West Africa and a potential crop for the United States of America (USA). Only a few studies have been conducted in either country to identify the optimum planting dates for high and stable yields, in part because planting date experiments are resource-intensive. Crop simulation models can be an alternative research tool for determining optimum planting dates and other management practices. The objectives of the present study were to evaluate the performance of the Cropping System Simulation Model (CSM)–CERES-Millet model for two contrasting environments, including Mead, …

Amending The Massachusetts Parental Notification Statute, Yuval Simchi-Levi

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Massachusetts Parental Notification Statute, enacted in 1996, should be amended to explicitly permit public schools to teach about sexual orientation in the context of promoting tolerance without requiring parental notification. The statute's ambiguity regarding whether such discussions fall under "human sexual education or human sexuality issues" has led to hesitation among schools and legal challenges. The author contends that clarifying the statute would align it with Massachusetts' commitment to diversity and tolerance, as reflected in court rulings like Goodridge v. Department of Public Health.

Lesbian, Gay, Bisexual, And Transgender Youth In The Juvenile Justice System: Incorporating Sexual Orientation And Gender Identity Into The Rehabilitative Process, Heather Squatriglia

Cardozo Journal of Equal Rights & Social Justice

The note argues that the juvenile justice system must integrate the sexual orientation and gender identity of LGBT youth into their rehabilitative process. It emphasizes that these youth face unique challenges, including harassment, rejection, and discrimination, which often lead to their involvement in the juvenile justice system. The system's failure to address these issues undermines its rehabilitative goals, necessitating specialized programming and support to ensure these youth can develop into healthy, contributing adults.

A Critical Assessment Of Professional Skills And Knowledge In Supplier Diversity: A Delphi Study, Mia Cole

Antioch University Dissertations & Theses

Today, many US corporations have made great strides to embrace supplier diversity as a social consideration, and most importantly, as a strategic business enabler. From the earlier years of mandating minority inclusion to the realization that diversifying the supply chain creates value by capitalizing on the diverse background and experiences of minority businesses, supplier diversity has emerged as a major business initiative. It is one of the initiatives that contribute to the welfare of the country by building minority communities and strengthening our society. By developing business coalitions and partnerships with minority suppliers there is tremendous opportunity to impact the …

Life-Affirming Leadership: An Inquiry Into The Culture Of Social Justice, Raquel Delores Gutierrez

Antioch University Dissertations & Theses

A new paradigm for leading social change is emerging; a worldview acknowledging the importance of leadership that is life-affirming and lasts over time. The current inquiry explored the ways in which the social reality of Life-Affirming Leadership is created and the implications those realities have for the current and future generations of social justice workers, their organizations, and the communities in which they work. The dominant paradigm for social justice work needs to be radically renovated (see Horwitz, 2002; James, 2005; Ohlson, 2006; Polansky, 2005; Utne, 2006; Wheatley, 2005; Williamson, 1997; Yáhzí, 2005); as such, a re-evolution is in progress, …

Nurses’ Experience Of Leadership In Assisted Living: A Situational Analysis, Carole H. Bergeron

Antioch University Dissertations & Theses

This study concentrates on the voice of registered nurses as they describe their experiences of leadership within the nontraditional, non-institutional, non-hospital environment of assisted living. It further expounds upon regulatory and corporate information as context for the nurses’ leadership experiences. The desire to hear nurses describe their personal experiences of leadership influenced the decision to use grounded theory as a methodological process. The belief that voice requires context to be most effectively understood influenced, in turn, the addition of a situational analysis approach to the grounded theory methodology. As a result, interviews and scrutiny of contextual elements form the core …

Program Accountability In Teacher Education: A Study Of The Perceptions Of University And State Government Leaders In The State Of Washington, Gary W. Ballou

Antioch University Dissertations & Theses

This dissertation explored the perceptions of accountability in teacher education programs in the State of Washington across three different stakeholder groups: university deans and/or program directors, legislators, and executive staff members (Governor). This qualitative study involved three (3) rounds of interviews. First, individual open-ended interviews were conducted with 30 individuals (10 Washington state legislators, 5 executive staff members, and 15 university deans/program directors). Second, individual follow-up interviews were conducted with 5 participants from the first round of interviews. Third, a focus group comprised of the same 5 participants from the follow-up interviews were asked for even deeper specifications and insights …

Energy-Flow – A New Perspective On James Macgregor Burns’ Transforming Leadership: A New Pursuit Of Happiness, Pi-Jern Caroline Fu

Antioch University Dissertations & Theses

This theoretical dissertation documents a personal transforming leadership experience; during which, I explored my Leadership as Energy-Flow model by having a virtual dialogue with the polymathic works of theorists and thinkers to corroborate and refine it. The model consists of a theory and a conceptual scheme. The energy-flow theory, based on the laws of physics and Chinese philosophy and cosmological science, fashions the energy-flow conceptual scheme. Using the conceptual scheme, I delve into the Premise of the Dialogue, “In what ways and to what extent would using the energy-flow frame of reference describe and stimulate new meanings in Transforming Leadership: …

Poetic Leadership, A Territory Of Aesthetic Consciousness And Change, R. Amrit Kasten-Daryanani

Antioch University Dissertations & Theses

Poetic leadership is a new theoretical construct that views leadership as an activity that unites a lyrical intellect with keenly felt emotion for the purpose of producing changes in the consciousness of self and others. This change begins within the interiority of self, moving surely to broader realms of one's surroundings and society, provoking movement that impacts the developing potential of the individual and the cultural milieu in which they exist. Emotion is the primary trace into consciousness used in this dissertation, which serves to unite experiences of the heart with experiences of the mind. The unification of these disparate …

Inner Voice Of Women's Self-Leadership, Diana M. Cooley

Antioch University Dissertations & Theses

My research explores an aspect of leadership that is personal, which is the inner voice of self-leadership. The inner voice affects all aspects of leadership. The inner voice is highly personal in that one’s private thoughts are unique. The inner voice can increase one’s self-awareness and influence one to move forward and change or to pull one back to stand still. My thesis is that we can more fully understand how women leaders lead themselves and subsequently lead in society if we advance our understanding of their stories and experiences regarding the inner voice. This research improves our understanding of …

On Being A Nonprofit Executive Director, Janet Elizabeth Rechtman

Antioch University Dissertations & Theses

In describing the course of change in a dynamic field such as the nonprofit sector, neo-institutional theorists argue that isomorphic forces such as replication of best practices tend to increase the homogeneity of actors. This interplay of structure and agency creates what is known as the structuration of an institutional field. These theorists have little to say about the people who influence and are influenced by these dynamics. This study explores this personal experience at the micro level of the nonprofit field executive leadership. It focuses on their challenges related to the isomorphic pressures resulting from: (1) socio-economic roles, (2) …

Dialogue As Performance. Performance As Dialogue, Laura Lynn

Antioch University Dissertations & Theses

This dissertation is an arts-based qualitative study in Leadership and Change that describes the qualities of dialogue revealed through the felt experience of Native and non-Native American music composers engaged in a dialogue through music composition. The fifteen co-collaborators who participated in the study range in age from three-years-old to elders. The study is theoretically embedded within Performance Studies, Dr. Carolyn Kenny’s music therapy model Field of Play, and aesthetic philosophy. Methodologically, this work is expressed through performance ethnography and autoethnography and privileges textual and non-textual modes of account including photographs, video excerpts, poetry, and music manuscript. The text is …

Alternative State Remedies In Constitutional Torts, John F. Preis

Law Faculty Publications

In recent years, a subtle shift in constitutional tort doctrine has quietly begun to take root. In Bivens actions, the Supreme Court has recently implied that constitutional tort plaintiffs must seek relief under state law when it is available, rather than invoke their federal constitutional rights. This marks a dramatic change from past practices. For much of the twentieth century, a central premise in the constitutional tort field has been that the federal remedy is "supplementary" to the state remedy; constitutional tort plaintiffs have therefore been permitted to seek a remedy under federal law without regard to the availability of …

Fda Regulatory Compliance Reconsidered, Carl W. Tobias

Law Faculty Publications

Many observers consider the Food and Drug Administration (FDA) vital for the protection of consumer health and safety. One hundred years ago, Congress established the entity that would become the FDA and authorized it to regulate foods and drugs, critical responsibilities that the agency has long discharged carefully. Throughout the past century, the FDA's regulatory power has expanded systematically, albeit gradually, while legislatures and courts in the fifty American jurisdictions broadened liability exposure for manufacturers that sold defective products that injured consumers. Observers have recently criticized the agency for overseeing pharmaceuticals too leniently, even as states increasingly narrowed manufacturers' liability …

Student Satisfaction And Performance In An Online Teacher Certification Program, Heidi Schweizer, Carrianne H. Hayslett, Sharon Katherine Kayne Chaplock

College of Education Faculty Research and Publications

The article presents a study which demonstrates the effectiveness of an online post baccalaureate teacher certification program developed by a Wisconsin university. The case method approach employing multiple methods and multiple data sources were used to investigate the degree to which pre-service teachers were prepared to teach. It was concluded that the study supports online delivery as an effective means of teacher preparation, but it was limited in the number of students followed into their first year of teaching.

Reading Poe Reading Blackwood’S: The Palimpsestic Subtext In "The Fall Of The House Of Usher”, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

Annual Survey Of Virginia Law: Administrative Law, John Paul Jones

Law Faculty Publications

This article selects from developments since May of 2007 in the law of Virginia pertaining to the work of administrative agencies state and local, as well as access to their meetings and information in their custody. Elsewhere in this issue of the Annual Survey can be found reports of developments in the laws these agencies are bound to carry out.

Presidential Nominations And Regional Primaries: An Analysis Of Proposals For Reform, John S. Jackson

The Simon Review (Occasional Papers of the Paul Simon Public Policy Institute)

The 2007‐2008 presidential nominations season will go down in the record books as the longest, the most expensive, the most frontloaded, the most debated, the most unpredictable and the most contentious presidential nominations contest in American history. Part of the reason for the scope and depth of the highly public conflict was the fact that this was the first time since 1952 when a sitting president or vice president was not a serious contender for the nomination of one of the two major parties. Thus, it is an open seat contest for both major parties, and both parties have attracted …

Undergraduate Catalog 2008-2009, University Of North Florida

UNF Course Catalogs

No abstract provided.

On Federalism, Freedom, And The Founders' View Of Retained Rights - A Reply To Randy Barnett, Kurt T. Lash

Law Faculty Publications

In A Textual-Historical Theory of the Ninth Amendment, 60 Stanford Law Review, I explain how some of the most common theories of the Ninth Amendment either have nothing to do with the actual text of the Amendment or place the text in conflict with similar terms in the Tenth Amendment. Focusing on the actual words of the Amendment, I argue that the text of the Ninth point towards a federalist rule of construction in which the people's retained rights are necessarily left to the control of the collective people in the several states. I also explain how this reading fits …

Family Model And Mystical Body: Witnessing Gender Through Political Metaphor In The Early Modern Nation-State, Allison Anna Tait

Law Faculty Publications

The preferred political metaphor in the constitutionalist context was the mystical political body, a concept that defined a system in which power was shared and the well-being of the community was linked to the well-being of the individual. Within the mystical political body, the theoretical possibility exists for women not only to occupy a civic space through organic (and organological) association but also to articulate their perspective and its consequences for the political community in a civically approved way. In the mystical body, women approach a citizenship status impossible within the traditional family framework and their witnessing is closely associated …

Introductory Note To The International Court Of Justice: Request For Interpretation Of The Judgment In The Case Concerning Avena And Other Mexican Nationals, Chiara Giorgetti

Law Faculty Publications

On July 16, 2008, the International Court of Justice ("ICJ" or "the Court") issued its Order On the Request for the Indication ofProvisional Measures ("Order"),1 granting Mexico's request demanding the United States, inter alia, to take all necessary measures to ensure that certain named individuals are not executed pending the judgment on the Request for Interpretation of the Judgment of 31 March 2004 in the Case Concerning Avena and Other Mexican Nationals (Mexico v. United States of America)?

This is a complex and interesting decision for several reasons. First, it continues to examine the applicability and enforceability of individual rights …

Dear President Bush: Leaving A Legacy On The Federal Bench, Carl W. Tobias

Law Faculty Publications

The appointments of Chief Justice John Roberts and Justice Samuel Alito were milestones in your stated quest to transform the courts. Appreciating that a critical duty assigned to the president by the Constitution is nominating and, with Senate advice and consent, appointing judges, you vowed to recommend "strict constructionists." Selection has enhanced importance, given modern perceptions that judges are essentially the final arbiters of societal disputes, including such questions as terrorism and affirmative action. The Hamdan v. Rumsfeld and Grutter v. Bollinger opinions as well as the public school desegregation and Schiavo litigation trenchantly illuminate those notions.

You can still …