Digital Commons Network^™

Smacking Lesson: How The Council Of Europe's Ban On Corporal Punishment Could Serve As A Model For The United States, Timothy John Nolen

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the United States to adopt a model similar to the Council of Europe, allowing states to ban corporal punishment while respecting federalism. It highlights the negative effects of corporal punishment and the need for a comprehensive ban, drawing on international legal standards and empirical evidence.

Barriers To Financing: Is European Union Indirect Discrimination Law The Answer For Female Entrepreneurs?, Adam G. Panopoulos

Cardozo Journal of Equal Rights & Social Justice

The note explores whether European Union indirect discrimination law, particularly Directive 2004/113/EC, can address the barriers female entrepreneurs face in accessing financing. It examines the application of indirect discrimination principles to financial services, analyzing ECJ case law and advocating for the integration of gender mainstreaming to enhance gender equality in entrepreneurship.

Sacred: Religion, Sexuality, And The Law

Cardozo Journal of Equal Rights & Social Justice

Symposium: Sacred: Religion, Sexuality, and the Law (February 9, 2010)

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Drawing Bisexuality Back Into The Picture: How Bisexuality Fits Into Lgbt Legal Strategy Ten Years After Bisexual Erasure, Heron Greenesmith

Cardozo Journal of Equal Rights & Social Justice

The article argues that bisexuality remains legally invisible, both in legal culture and jurisprudence, due to its inherent complexity and the reliance of legal arguments on a binary understanding of sexual orientation. It extends Kenji Yoshino's theory of bisexual erasure into the legal context, proposing that bisexuality is not just socially invisible but also legally inconspicuous. The analysis focuses on two main hypotheses: first, that bisexuality is inherently invisible to the law beyond deliberate erasure, and second, that where bisexuality is legally relevant, it complicates legal arguments that depend on the binary of sexuality. The article concludes by advocating for …

What Went Wrong? Why Family Preservation Programs Failed To Achieve Their Potential, Steven M. Cytryn

Cardozo Journal of Equal Rights & Social Justice

The failure of family preservation programs in the child welfare system stems from structural and legal shortcomings, including inadequate funding, unclear guidelines, and insufficient oversight. These issues, compounded by the Supreme Court's Suter v. Artist M. decision, which undermined the enforceability of the "reasonable efforts" standard, have led to inconsistent implementation and reduced accountability. To address these challenges, the article advocates for reforms such as aligning funding incentives with family preservation goals, establishing clear program standards, and distinguishing between neglect caused by poverty and other forms of maltreatment. By implementing these changes, the child welfare system can better support families …

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Copyright And Education: Lessons On African Copyright And Access To Knowledge, Tobias Schonwetter, Jeremy De Beer, Dick Kawooya, Achal Prabhala

Faculty Publications

The African Copyright and Access to Knowledge (ACA2K) project is a pan-African research network of academics and researchers from law, economics and the information sciences, spanning Egypt, Ghana, Kenya, Morocco, Mozambique, Senegal, South Africa and Uganda. Research conducted by the project was designed to investigate the extent to which copyright is fulfilling its objective of facilitating access to knowledge, and learning materials in particular, in the study countries. The hypotheses tested during the course of research were that: (a) the copyright environments in study countries are not maximising access to learning materials, and (b) the copyright environments in study countries …

Eutopiagraphies: Narratives Of Preferred Future Selves With Implications For Developmental Coaching, Florence Anne Diehl

Antioch University Dissertations & Theses

Eutopiagraphy is a narrative of a preferred future self that extends the research tradition of biography and autobiography. Taking place at the intersection of adult development, futures studies, and the practice of developmental coaching, this research asked the question, “what can eutopiagraphy reveal about a client’s meaning-making that may inform a coaching relationship, goals, and outcomes?” Using an adapted form of the subject-object interview, and subsequent thematic analysis, the eutopiagraphies of eight participants were collected and studied. Structures of constructive-developmental theory (values, view of others, range of perspective, control, and responsibility) were identified and constructive-developmental stages were estimated. This work …

Cross-Race Relationships As Sites Of Transformation: Navigating The Protective Shell And The Insular Bubble, Karen Audrey Geiger

Antioch University Dissertations & Theses

The context of leadership has evolved to incorporate greater social identity differences. Therefore, learning ways to navigate differences in social identity becomes important work leaders must now do. Because these differences surface in relationship with others, examining a relational framework helps us understand the nature of what happens between people (Ely & Roberts, 2008). This study explored the processes by which Black African American and White European American women enact leadership by creating and sustaining cross-race relationships as they work to change unjust systems around them. Using grounded theory methodology (Charmaz, 2006; Strauss & Corbin, 1990), a model was developed …

What Is It Like To Be Funny? The Spontaneous Humor Producer’S Subjective Experience, Lisa Goldstein Graham

Antioch University Dissertations & Theses

The purpose of this study is to explore the experience of the individual who spontaneously produces humor during conversation. Although a broad humor literature exists, very little research addresses the experience of the spontaneous humor producer. This study represents an early step toward filling this gap in the literature. I gathered data by videotaping organizational meetings and conducting subsequent Interpersonal Process Recall (IPR) interviews with individuals who produced humor during the course of the meetings. I analyzed data from the IPR interviews using an emergent thematic analysis. Most humor producers in this sample were consciously aware of specific external cues, …

What's Race Got To Do With It?: A Historical Inquiry Into The Impact Of Color-Blind Reform On Racial Inequality In America's Public Schools, Lillian Dowdell Drakeford

Antioch University Dissertations & Theses

This dissertation examines the history and impact of color-blind educational reform in the post-Brown era on racial inequality of educational opportunities and outcomes in America's public schools. Through the lens of critical race theory and race critical theory, the dissertation employs a dual analysis. A macro analysis of the evolution and impact of colorblind educational reform on the national level is juxtaposed with a micro, case-study analysis of the history of color-blind educational reform at a historically Black high school. The historical analysis of the relationship between race and education encompasses intellectual and social aspects of education in the U.S. …

The Art Of Caring: Woman And Restorative Justice, Peggy Lobb

Antioch University Dissertations & Theses

The process of restorative justice involves the caring compassion of others by providing support for the peaceful resolution of the conflict. The term restorative justice is used to describe a justice practice that has been in existence for hundreds of years in many indigenous communities. Recently, it is emerging in modern criminal justice systems as a way to obtain fair reparation for the victim and to offer an opportunity for the victim and the offender to mediate and reconcile after the offense to restore balance and peace to the community. The process involves the participation of the victim, offender, and …

What Keeps Them Going: Factors That Sustain U.S. Women's Life-Long Peace And Social Justice Activism, Susan Mckevitt

Antioch University Dissertations & Theses

This dissertation is a mixed methods sequential study on the factors that sustain U.S. women's life-long peace and social justice activism. The specific cohort of women sought for this study was those who entered their social justice activism during the late 1950s through the early 1970s and were active in the U.S. civil rights struggles, the anti-Vietnam war movement, or participated in the second phase of the women's liberation movement. Through utilizing a snowballing process, fifty-seven participants were obtained for the quantitative survey phase of the study from which the ten participants (five White, five women of Color) were selected …

Strategic Asymmetric Multicultural Alliances In Business, Anthony James Scriffignano

Antioch University Dissertations & Theses

Global economics and other factors make it increasingly difficult for organizations to operate within the boundaries of one country in a rational way (e.g., leveraging best practices, profitable, achieving goals). In this study, I looked at strategic business alliances, transcending simple quid pro quo relationships to deliver ongoing partner value. I refined my study to multicultural relationships, having differing cultural identities (i.e., ideas, heritage, language, or demographics from differing geographies). Finally, I considered asymmetry (i.e., inequity in working relationship). Using a mixed-methodology design, I surveyed alliance participants and interviewed participants from selected alliances. A multi-case study addresses emergent themes of …

Is God's Law Part Of The "New Covenant"?, Roy E. Gane

Faculty Publications

No abstract provided.

Lessons Learned From The Evolution Of Evolving Standards, Corinna Barrett Lain

Law Faculty Publications

In the discussion that follows, I explore the evolution of the "evolving standards" doctrine to make a point about its legitimacy and Supreme Court decisionmaking under the Cruel and Unusual Punishments Clause more generally. In Part I, I trace the origins of the doctrine to its present state. In Part II, I turn to lessons learned from the evolution of "evolving standards," questioning the textual defense of the doctrine and the constraining power of law itself. I conclude that while the "evolving standards" doctrine is problematic, it is not the crux of the problem. Supreme Court decisionmaking in the death …

The Doctrinal Side Of Majority Will, Corinna Barrett Lain

Law Faculty Publications

What is the Supreme Court's relationship with public opinion? Barry Friedman's answer in The Will of the People scours some 200 years of history to provide a distinctly political view of the Court, and the story he tells is compelling. Yet it is also incomplete. The Will of the People presents a largely external account of the law; it sees the influence of majority will as a force that moves outside the jurisprudence we lawyers spend so much of our time researching, writing, and talking about. By this account, there is what the Justices say is driving their decisionmaking-legal …

Determining Uniformity Within The Federal Circuit By Measuring Dissent And En Banc Review, Christopher A. Cotropia

Law Faculty Publications

This Article adds to the empirical literature examining how the Federal Circuit treats patent-law issues internally by comparing the decision making of the Federal Circuit with that of other courts of appeals. It does so by measuring two statistics from overall written opinions: the percentage of dissents and the percentage of en bane reviews. The data is taken from the Third, Fifth, Ninth, Tenth, District of Columbia, and Federal Circuits between 1998 and 2009. The data in the study show that the Federal Circuit has the second-highest percentage of dissents among the circuits studied (behind only the Ninth Circuit) and …

Much Ado About Nothing Much: Protestant Episcopal Church In The Diocese Of Virginia V. Truro Church, Henry L. Chambers, Jr.

Law Faculty Publications

Protestant Episcopal Church in the Diocese of Virginia u. Truro Church ("Truro") involves a property dispute. The core issue is who owns or controls property held in trust for an Episcopal congregation after a majority of that congregation votes to disaffiliate from the Episcopal Church of the United States of America ("TEC") and affiliate with a different church. Deciding a church property dispute is inherently difficult because courts are generally "not a constitutionally permissible forum" to resolve ecclesiastical issues. Indeed, the desire to avoid such issues can lead courts to decline to decide particular cases. However, faced with the property …

China's Renewable Energy Law: A Platform For Green Leadership?, Joel B. Eisen

Law Faculty Publications

This article describes programs and initiatives in China promoting growth of renewable energy capacity, and analyzes obstacles to future growth.

Declamation And Character In The Fletcher-Massinger Plays, John E. Curran Jr.

English Faculty Research and Publications

No abstract provided.

Avoiding The Thickets Of Guesswork: The Delaware Supreme Court And Certified Questions Of Corporation Law, Henry Du Pont Ridgely

SMU Law Review

No abstract provided.

Ecology & Ideology: An Introduction, Gerry Canavan, Lisa Klarr, Ryan Vu

English Faculty Research and Publications

No abstract provided.

Resurrecting The Promise Of Brown: Understanding And Remedying How The Supreme Court Reconstitutionalized Segregated Schools, Kimberly J. Robinson

Law Faculty Publications

The Supreme Court's decision in Brown v. Board of Education held that separate educational facilities were "inherently unequal." After tolerating substantial delay and evasion of the requirements of Brown, the Court eventually required school districts to dismantle the dual systems by eliminating all traces of separate schools and creating integrated schools. In contrast to numerous scholars that have contended that many of the Court's later school desegregation decisions withdrew from or grew weary of school desegregation, this Article argues that the effect of many of the Court's leading school desegregation decisions was to reconstitutionalize segregated schools. Furthermore, the Court's …

Lawyers Keep Out: Why Attorneys Should Not Participate In Negotiating Critical Financial Numbers Reported By Public Company Clients, William O. Fisher

Law Faculty Publications

In response to the financial scandals at the turn of the century, Sarbanes-Oxley and related reforms radically changed the relationship between accountants and the companies they audit. As a result, auditors exert greater power in the negotiations with management that produce critical numbers in company financial statements. That power provides auditors with newfound ability to resist pressure to certify financial statements that are overly favorable to company stock prices. With the best of intentions, some now urge that company attorneys should expand their efforts to police clients’ financial statements. But the introduction of lawyers into the bargaining between management and …

A Popular Approach To Popular Constitutionalism: The First Amendment, Civic Education, And Constitutional Change, Thomas G. Donnelly

Law Faculty Publications

Popular constitutionalists fear that our constitutional culture is becoming less popular. At the same time, these scholars often ignore key popular sources of constitutional meaning. Their accounts focus,  instead, on the elite conflicts that give rise to constitutional change, particularly the ongoing debates between elected officials, movement leaders, and the Supreme Court. Although these studies are essential to understanding the pathways for promoting non-Article V constitutional change, they are "popular" only in the sense that they focus on non-judicial actors and politically salient controversies. The constitutional life of the average citizen is generally ignored. If legal scholars are serious about …

The Principle Of Complementarity And The International Criminal Court: The Role Of Ne Bis In Idem, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

Partnering For Student Success: Promoting Integrative Learning In Information Literacy Instruction, Scott Mandernack

Library Faculty Research and Publications

In the face of the many developments that have been taking place in recent years in how people create, find and use information, and subsequently, in how they learn, it’s increasingly important for libraries to continuously adapt to the new social, technological and scholarly terrain and to position themselves in the forefront of reshaping the learning enterprise.

Viacom V. Youtube: A Different View On The District Court Ruling, James Gibson

Law Faculty Publications

In an earlier essay in this series, Randy Picker discussed the recent copyright decision in Viacom v. YouTube, and in particular the court’s ruling that the Digital Millennium Copyright Act’s “safe harbor” for remote storage applies to YouTube’s online video service. I agree with Randy that the court’s interpretation of the DMCA is problematic, but I see a good argument that the outcome is correct and that the ruling should be affirmed on appeal.

Viacom v. YouTube is a hugely important case. It pits the world’s fourth-biggest media company against Internet behemoth Google, which purchased YouTube in 2006 for $1.65 …