Digital Commons Network^™

State Constitutionalism: State-Court Deference Or Dissonance?, Arthur Leavens

Faculty Scholarship

This Article focuses on the debate concerning state constitutional expansion of criminal-procedure protections. It examines two such rights: (1) the protection against unreasonable searches and seizures; and (2) the right to the assistance of counsel in defending a criminal case. Each of these rights is embodied in both the federal and most, if not all, state constitutions. Each right is thus doubly applicable to the states, first, through the federal version by virtue of its incorporation into the Fourteenth Amendment’s due process protection and, second, through the state constitution’s version of the cognate right. So focused, the question is, what …

Symposium: Fiduciary Duties In The Closely Held Business 35 Years After Wilkes V. Springside Nursing Home: Foreword, René Reich-Graefe

Faculty Scholarship

On October 15, 2010—exactly fifty-nine years to the day after the opening of the original nursing home operation in 1951 which formed the core business asset of the closely held Springside Nursing Home, Inc. corporation—the Western New England University School of Law and School of Business jointly hosted their 2010 Academic Conference on “Fiduciary Duties in the Closely Held Business 35 Years after Wilkes v. Springside Nursing Home.” As with installments from prior years, the Conference was sponsored by the Western New England University Law and Business Center for Advancing Entrepreneurship. This Article examines the case of Wilkes v. Springside …

Wilkes V. Springside Nursing Home, Inc.:The Backstory, Eric J. Gouvin

Faculty Scholarship

As it appears in most casebooks, the Wilkes v. Springside Nursing Home, Inc. case tells the story of a falling-out among the shareholders in a closely-held corporation and the resulting freeze-out of one of the owners, Mr. Stanley Wilkes. The opinion indicates that the heart of the dispute arose out of Mr. Wilkes’s refusal to allow the sale of a piece of corporate property (the “Annex” at 793 North Street) to one of the other shareholders, Dr. Quinn, at a discount. In real life, that transaction did indeed cause a significant rift in the shareholders’ relationship, but, as this article …

No Virtue In Passivity: The Supreme Court And Ali Al-Marri, Bruce K. Miller

Faculty Scholarship

This Article discusses the case of Al-Marri v. Spagone, which the U.S. Supreme Court unjustifiably dismissed as moot on March 6, 2009. By dismissing this appeal, the Court ignored its duty to determine whether the military detention of a non-citizen residing lawfully in the United States was authorized by law. And that failure has in turn contributed significantly, and unnecessarily, to the cloud of legal uncertainty which now hovers over the preventive detention measures adopted and proposed by the Obama Administration.

What’S In A Name? How Nations Define Terrorism Ten Years After 9/11, Sudha Setty

Faculty Scholarship

Ten years after the attacks of September 11, 2001, it almost goes without saying that the acts of grotesque violence committed on that day have had enormous effects on national security law and policy worldwide. To be labeled a terrorist, or to be accused of involvement in an act of terrorism, carries far more severe repercussions now than it did ten years ago. This is true under international law and under domestic law in nations that have dealt with serious national security concerns for many years.

Given the U.N.’s global mandate to combat terrorism and that being defined as a …

Clinicians, Practitioners, And Scribes: Drafting Client Work Product In A Small Business Clinic, Robert Statchen

Faculty Scholarship

The recent and rapid growth of transactional clinics, and more specifically small business clinics (SBCs), mandates that time and attention be given to pedagogical methods within this specialized clinical structure. This Article focuses on the drafting component of an SBC. It is often asserted that legal education does not effectively provide students with business-oriented, practical skills training. At the heart of an SBC, is the necessity to prepare appropriate written client work product. SBCs also provide an excellent opportunity for students to acquire interviewing, researching, drafting, counseling, problem-solving, and other areas of expertise. This Article attempts to provide a process …

The First Of Thousands? The Long View Of Local 1330'S Challenge To Management Rights And Plant Closings, Harris Freeman

Faculty Scholarship

This Article introduces and frames a symposium issue of Harvard Law School’s Unbound, Journal of the Legal Left that is devoted to an assessment of Local 1330, United Steel Workers v. U.S. Steel (6th Cir. 1980) on the 30th anniversary of the decision. The Author provides a historical and legal context for the federal courts’ decisions on the Steelworkers’ novel community property and contractual claims brought by the plaintiffs in an effort to prevent U.S. Steel from closing its manufacturing operations Youngtown, Ohio. In this context, the Author discusses the relationship of the plaintiffs’ community property claim to the origins …

Victimized Twice: The Reasonable Efforts Requirement In Child Protection Cases When Parents Have A Mental Illness, Jeanne M. Kaiser

Faculty Scholarship

State child protection agencies are required by federal law to exert reasonable efforts to keep families together before seeking termination of parental rights. Some states, however, have created an exception to this requirement when the parent involved suffers from a chronic mental illness. Moreover, even in those states that enforce the requirement, the reunification services provided to parents with a mental illness often do not meet the needs of those parents.

This Article argues that although parents with a mental illness face serious challenges in caring for their children, they should not be categorically excluded from reunification efforts by means …

Work-Related Stress Among Librarians And Information Professionals In A Nigerian University, Emmanuel Babatunde Ajala

Library Philosophy and Practice (e-journal)

Workers all over the world face stress. A Nigerian worker has many stress factors in the workplace. Life expectancy is dropping in an alarming rate, from 51.56 to 47.44, between the years 2000 and 2007. The library and information professions have become high stress. An anthropological approach was adopted to look at stress among librarians in the University of Ibadan Library System in Nigeria, using group and individual interviews as a data collection instrument. There were no significant differences between male and the female workers in their perception if workplace stress. Factors of stress in the library include work environment, …

Indispensability Of Library Services To All Professions, C. O. Ajidahun

Library Philosophy and Practice (e-journal)

Delivered at the Annual Lecture organised by the Nigerian Library Association, Ekiti State Chapter on Tuesday, December 23, 2008 at the Conference Hall, Federal Polytechnic, Ado-Ekiti.

The Role Of Public Libraries In Promoting Adult Education In Nigeria, Daniel O. Akparobore

Library Philosophy and Practice (e-journal)

The aim of this article is to help demonstrate that libraries are vital institutions for improving human resources. These human resources are the wealth of nation, and adult education, which helps in the development of these resources, provide foundations for adult learners. Public libraries play a crucial role in lifelong learning and increasing information literacy for adult learners.

The Prevalence Of Arabic And Ajami Manuscripts In Northern Nigeria, Implications For Acccess, Use, And Enduring Management: A Framework For Research, Musa Abdu Auyo

Library Philosophy and Practice (e-journal)

A paper presented at a National Conference on Exploring Nigeria’s Arabic/Ajami Manuscript Resources for Development of New Knowledge, organized by Arewa House and Ford Foundation Office of West Africa Region, Kaduna, Nigeria, 7th-8th May, 2009

Use Of Newspapers By Students Of Olabisi Onabanjo University, Ago-Iwoye, Ogun State, Nigeria, O. M. Bankole, S. O. Babalola

Library Philosophy and Practice (e-journal)

This study investigates the relative importance of newspaper information, purposes for consultation, types of information sought, the extent and satisfaction derived from the use of library newspaper services, and problems that might constrain students from visiting the newspaper sections of Olabisi Onabanjo University library, Ago Iwoye, Ogun State, Nigeria. A survey research design and interviews were used for data collection. A self-administered questionnaire was given to 456 who had used the library newspaper services in the past, of which 92.1% were found usable. The students ranked newspaper information as their third most important source of overall daily information. The respondents …

A Critical Examination Of Information And Communication Technology Policies: Effects On Library Services In Nigeria, Emmanuel E. Baro

Library Philosophy and Practice (e-journal)

Developments in Information and Communication Technologies (ICTs) have changed nations and their citizens across the world regardless of their political or socioeconomic systems. The paper critically examined the effectiveness of the various ICT policies in Nigeria, and their effect on library services. This study became imperative due to the fact that, nations like Nigeria need strong ICT policies that are fully implemented to change the nation and her citizenry. It is obvious that the various information and communication technology policies in Nigeria have not achieved the set objectives. This is because the policies are not fully implemented by the various …

Modeling Lis Students' Intention To Adopt E-Learning: A Case From University Of Nigeria, Nsukka, Helen Nneka Eke

Library Philosophy and Practice (e-journal)

E-learning is one of the emerging issues in LIS education in Nigeria and students in the LIS profession have been adopting some of these technologies in enhancing their professional skills. E-learning is becoming increasingly prominent in higher education, with Universities increasing provision and more students signing up. In University of Nigeria, E-learning is at its infant stage, though a good number of the students have been introduced to it, and some of the students have already started using it for some courses. This paper examines factors that predict UNN LIS students’ intention to adopt e-learning. Understanding the nature of these …

Undergraduate Library Instruction In Nigerian Universities: A Case Study Of Hezekiah Oluwasanmi Library, Obafemi Awolowo University, Lle-Ife, Nigeria, Chinwe M.T. Nweze

Library Philosophy and Practice (e-journal)

The effectiveness of a library as an instrument of education is determined by the success with which it is able to provide the user with the information he/she seeks. The philosophy of librarianship is based on the concept of service and the provision of relevant materials for users. Librarians have information dissemination as their predominant function. To this end professional librarians continue to struggle to collect and organize printed and other forms of recorded knowledge in order to satisfy both present and future users. The library can fulfill its function best by pursuing a policy of constant self-evaluation in order …

Use Of Electronic Information Sources By Postgraduate Students In Nigeria: Influencing Factors, Olatokunbo Christopher Okiki, S. M. Asiru

Library Philosophy and Practice (e-journal)

The study investigated the factors that influenced the use of electronic information sources by postgraduate students in six Universities in the South West, Nigeria. Questionnaire was the main research instrument used. 2500 copies of questionnaire were distributed and 2,187 copies were returned. The findings revealed that the factors that influenced the use of electronic information sources by respondents varied according to their program of study, the need to carry out researches to excel in their academic endeavour and versatility in the use of information technologies to search for information recommendations were made for the identified problems in the use of …

Use Of E-Resources And Ugc-Infonet Consortium By The Teachers And Research Scholars In Aligarh Muslim University, Md. Sohail, Md. Imran Ahmad

Library Philosophy and Practice (e-journal)

Recent developments in Information Technology has changed the world. Libraries and Information Centers have embraced the new information technology more profoundly than many other fields and most of them are currently using electronic products and services. Mention about e-journal consortium. Assess the use of UGC-Infonet Consortium by the Teachers and Research Scholars in Aligarh Muslim University, Aligarh Conclude to implement the opinions and suggestions of the users for improving the system.

Transgender Student-­Athletes And Sex-­Segregated Sport: Developing Policies Of Inclusion For Intercollegiate And Interscholastic Athletics, Erin E. Buzuvis

Faculty Scholarship

This Article discusses the discrimination of transgender students who may be excluded, discouraged, or simply made to feel uncomfortable participating in athletic programs for their natal sex, by the sex-segregated world of athletics. The Author believes that until sports' governing bodies develop and enforce policies of inclusion, transgender students will continue to be denied access to and the benefits of athletic participation. The Author examines the values that should go into the formation of such policies, including legal, medical and educational concerns. Part I of the Article puts transgender students' athletic participation in context by examining educational athletic's deep and …

Should "Substitute" Private Attorneys General Enforce Public Environmental Actions? Balancing The Costs And Benefits Of The Contingency Fee Environmental Special Counsel Arrangement, Julie E. Steiner

Faculty Scholarship

There is developing phenomenon of quasi-privatized environmental enforcement occurring on behalf and in the name of governments by entrepreneurial attorneys who substitute in place of the public enforcers and derive professional payment from a contingent fee withdrawn from the public’s environmental damage award. This Article addresses the question of whether governments should permit private attorneys to handle these “substitute environmental special counsel” enforcement arrangements. In so doing, the Article weighs the arrangement’s costs and benefits from the standpoint of whether it maximizes the deterrence and restorative compensation goals of environmental enforcement.

Governments are often the only entities with standing to …

Rule 801(D)'S Oxymoronic 'Not Hearsay' Classification: The Untold Backstory And A Suggested Amendment, Sam Stonefield

Faculty Scholarship

This Article examines Rule 801(d)’s oxymoronic treatment of admissions and prior statements as “not hearsay.” This “not hearsay” label is inaccurate – the evidence is hearsay, as defined in Rule 801(c) – and is inconsistent with the analytically important and well-established use of the term not hearsay to describe evidence that is actually not hearsay.

The Article tells the story of how the drafters of the Federal Rules of Evidence ended up with such a confused and confusing label and proposes an amendment that would classify admissions and prior statements as hearsay exceptions and place each in a new, separate, …

The Challenge Of Temporary Work In Twenty-First Century Labor Markets: Flexibility With Fairness For The Low-Wage Temporary Workforce, Harris Freeman, George Gonos

Faculty Scholarship

As the Commonwealth wrestles with the social and economic aftershocks of the worst economic recession in 80 years, the widespread use of temporary staffing arrangements is a sober reminder that the “standard” employment relationship, a cornerstone of the prosperity of the post-­World War II era, is no longer available to a large segment of the American workforce. “Job ladders” have disintegrated, depriving capable and dedicated workers of predictable promotions. Regular step increases in pay and cost-­of-­living adjustments are in many occupational categories a thing of the past. Simply put, the “good jobs” working people need to support families, pay the …

Criminalized State: The International Criminal Court, The Responsibility To Protect, And Darfur, Republic Of Sudan, Matthew H. Charity

Faculty Scholarship

The international community continues to struggle with the question of what to do when a nation fails to protect its own people from systemic neglect, mistreatment, or even genocide. For many years, this debate pitted proponents of humanitarian intervention by a third-party against those who believe that all others must defer to the sovereign right of the state to control its own affairs and the affairs of its people. In the midst of this debate, the international community has adopted a middle road: insisting that states must acknowledge their responsibility to protect their populations and if the state manifestly fails …

Rule 15(C) Mistake: The Supreme Court In Krupski Seeks To Resolve A Judicial Thicket, Robert A. Lusardi

Faculty Scholarship

While recognizing the importance of a statute of limitations, Federal Rule of Civil Procedure 15 acts as a counterbalance to such statutes by allowing a plaintiff to freely amend a complaint to assert additional claims, or to name new or additional parties, and have those amendments relate back to a complaint filed within the statute of limitations even though that statute has run.

There have been interpretive problems, particularly with the language of Rule 15 (c)(1)(C)(ii). These problems arise when the "amendment changes the party or the naming of the party" after the statutory period and the conditions of Rule …

The Feminist Case For The Ncaa's Recognition Of Competitive Cheer As An Emerging Sport For Women, Erin E. Buzuvis

Faculty Scholarship

This Article examines whether a university can count opportunities in competitive cheer to demonstrate compliance with Title IX. A federal court in Connecticut recently considered this question for the first time. Although it held that the sport as it currently exists is not sufficiently similar to other varsity sports to qualify for Title IX compliance, the decision has mobilized two separate governing bodies to propose more organized and competitive versions of competitive cheer as possible NCAA emerging sports. This Article argues that these proposals would satisfy regulators and the courts. It then discusses how competitive cheer has potential to improve …

Tdp-43 Potentiates Alpha-Synuclein Toxicity To Dopaminergic Neurons In Transgenic Mice., Tian Tian, Cao Huang, Jianbin Tong, Ming Yang, Hongxia Zhou, Xugang Xia

Department of Pathology, Anatomy, and Cell Biology Faculty Papers

TDP-43 and α-synuclein are two disease proteins involved in a wide range of neurodegenerative diseases. While TDP-43 proteinopathy is considered a pathologic hallmark of sporadic amyotrophic lateral sclerosis and frontotemporal lobe degeneration, α-synuclein is a major component of Lewy body characteristic of Parkinson's disease. Intriguingly, TDP-43 proteinopathy also coexists with Lewy body and with synucleinopathy in certain disease conditions. Here we reported the effects of TDP-43 on α-synuclein neurotoxicity in transgenic mice. Overexpression of mutant TDP-43 (M337V substitution) in mice caused early death in transgenic founders, but overexpression of normal TDP-43 only induced a moderate loss of cortical neurons in …

Advisers Guide To S Corporations : Tax Compliance And Planning, Gregory B. Mckeen

Guides, Handbooks and Manuals

No abstract provided.

U.S. & International Accounting : Understanding The Differences, Teresa Conover, Frederick D. Niswander

Guides, Handbooks and Manuals

No abstract provided.

Risk Assessment For Mid-Sized Companies : Tools For Developing A Tailored Approach To Risk Management, Scott M. Mckay

Guides, Handbooks and Manuals

No abstract provided.

U. S. Taxation Of International Operations : Key Knowledge, G. Michael Tilton

Guides, Handbooks and Manuals

No abstract provided.