Digital Commons Network^™

Decision Making Regarding Access To Training And Development In Medium-Sized Enterprises: An Exploratory Study Using The Critical Incident Technique, Alan Coetzer, Janice Redmond, Jalleh Sharafizad

Research outputs 2012

Purpose – The purpose of this paper is to develop an understanding of factors that impinge on managerial decision-making processes regarding employee access to structured training and development (T&D) opportunities that are at least partially funded by the firm. Design/methodology/approach – Semi-structured interviews incorporating the Critical Incident Technique (CIT) were conducted with 14 managers of medium-sized enterprises based in Perth, Western Australia. The interviews explored decisions managers have actually made regarding employee access to T&D and yielded 42 useable critical incidents that served as the unit of analysis. Findings – There were three key findings: first, employee access to T&D …

Rolling Back The Tide: Challenging The Criminalization Of Immigrants In Washington State, Angélica Cházaro

Articles

No abstract provided.

A Call For Standards: An Overview Of The Current Status And Need For Guardian Standards Of Conduct And Codes Of Ethics, Karen E. Boxx, Terry W. Hammond

Articles

The role of trust in guardianships is rarely discussed, perhaps because of the assumption that court supervision of guardians reduces their power to act in any way other than trustworthy. However, as the number of persons needing guardianship protection increases while the resources available to courts to finance supervision decreases, the role of guardian is starting to become a more conventional fiduciary relationship complete with a hallmark downside-lack of supervision. Because of this trend, the concept of delineated standards for performance of a guardian's duties has taken on critical importance.

The 2001 Wingspan Conference, the second national conference on guardianship …

Remarks On The South Dakota Law Review Symposium: The Government Speech Doctrine March 1, 2012, Bob Burns

South Dakota Law Review

No abstract provided.

Government May Not Speak Out-Of- Turn, Steven H. Goldberg

South Dakota Law Review

No abstract provided.

Cultural Correlates Of Condom Use, Cecilia Brooke Cholka

Open Access Theses & Dissertations

Hispanics are disproportionately contracting sexually transmitted infections relative to other ethnic groups. This study assessed the relationships between condom usage, acculturation, and cultural values (i.e., familismo, religiosity, machismo, and marianismo) in a Hispanic college student sample. Participants (N = 456) were recruited through Sona Systems, flyers, and in highly frequented areas on campus. After informed consent was obtained, participants completed measures of Hispanic cultural values, past condom use, and future intentions to use condoms. Hierarchical regression analyses were performed; dependent variables included condom use (lifetime) and future intentions to use condoms, while independent variables include sex/gender and relationship status (step …

Back To Freedom: From Surviving To Thriving - A Panel Discussion, Ana I. Vallejo, Simone Celestin, Sabrina Salomon

Intercultural Human Rights Law Review

Panel discussion by Ana Isabel Vallejo, Esq., Ms. Simone Celestin, and Sabrina Salomon, Esq., entitled "Back to Freedom: From Surviving to Thriving".

Representing Children At The Intersection Of Domestic Violence And Child Protection, Annette Appell, Joshua Gupta-Kagan

Faculty Scholarship

Reflecting evolving norms surrounding the legitimacy of intimate violence, the law has made steady progress toward acknowledging that domestic violence is not a private family matter, but instead demands public assistance to help survivors of that violence protect themselves and their children. Most recently, child advocates, juvenile court judges, and domestic violence advocates have joined in a concerted effort to address the co-occurrence of domestic violence and child abuse and neglect, coordinate responses and remedies among the various court systems, and develop methods to avoid re-victimizing mothers and children through legal process. This article traces civil remedies and barriers domestic …

Rhetoric And Realities: What Independence Of The Bar Requires Of Lawyer Regulation

UBC Law Review

No abstract provided.

Mark Cohen: Global Intellectual Property Ambassador, Whitney Stenger

SMU Science and Technology Law Review

No abstract provided.

Promising Criminal Justice Practices In Human Trafficking Cases: A County-Level Comparitive Overview (2005-2010) With An Emphasis On Cases Involving Children, Angela Inzano

Center for the Human Rights of Children

The aim of the project is to review and analyze other similarly sized counties as Cook County, with large, metropolitan centers across the country, in order to identify best practice, challenges and efforts that have led to successful case outcomes. This research project identifies and synthesizes cases from 2005-2010 that involved human trafficking and developed at county-level law enforcement agencies and task forces across the United States. Where possible, cases involving minors will be high-lighted, in order to address distinct issues facing children who have been victimized by human trafficking. Best practices in victim identification, case investigation, perpetrator prosecution, and …

Aligning Public Health, Health Care, Law And Policy: Medical-Legal Partnership As A Multilevel Response To The Social Determinants Of Health, Elizabeth Tobin Tyler

Pro Bono Collaborative Staff Publications

No abstract provided.

Zealous Advocates: The Historical Foundations Of The Adversarial Criminal Defence Lawyer, Tom Smith

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

The place of the criminal defence lawyer in the modern criminal justice system is a given; every suspect and defendant expects full representation as a right. However, the defence lawyer appeared surprisingly late in the long and venerable history of the English and Welsh legal system. Notwithstanding the defence lawyer‟s role as advocate for the accused, this unique professional role involves a variety of duties and obligations. This article will focus on the historical development of these core „principles‟ of criminal defence as well as the expansion of the role in the general context of adversarialism.

A Judicial And Economic Analysis Of Attorney's Fees In Trust Litigation And The Resulting Inequitable Treatment Of Trust Beneficiaries., Charles Epps Ipock

St. Mary's Law Journal

Abstract Forthcoming.

"U" Stands For Underutilization: The U Visa's Vulnerability For Underuse In The Sex Trafficking Context, Erin Bistricer

Cardozo Journal of Equal Rights & Social Justice

The U Visa, established in 2000 under the Violence Against Women Act (VAWA) reauthorization, was designed to provide legal status to victims of certain crimes, including sex trafficking, without fear of deportation. However, its implementation has been hindered by significant challenges, including delayed regulations, confusion among applicants, and reliance on law enforcement cooperation, which can be a barrier for traumatized victims. While the U Visa offers more flexibility than the T Visa by covering a broader range of crimes and requiring a lower standard of proof, its effectiveness is limited by factors such as annual caps, inadequate state anti-trafficking laws, …

Southern Solutions For Wisconsin Woes, Ann C. Hodges

Law Faculty Publications

Since 2011, a number of states have amended their collective bargaining laws covering state and local government employees. Debate rages about whether the goal of the proponents of change was to address budget shortfalls or weaken labor unions. Regardless of motive, legislatures in several states accomplished the goal of severely limiting or eliminating collective bargaining for some or all employees. The question facing unions, employers and employees in those states is “what now?” An answer may lie in looking to southern states like Virginia and North Carolina that have historically prohibited or severely restricted bargaining. This article explores the lessons …

Human Rights In The United States: Legal Aid Alleges That Denying Access To Migrant Labor Camps Is A Violation Of The Human Right To Access Justice, Reena Shah, Lauren Bartlett

All Faculty Scholarship

It is estimated that there are more than 86 million migrant workers worldwide, the vast majority of whom suffer poor living and working conditions. In the United States, more than 3 million migrant farmworkers, including at least 100,000 children, are estimated to labor in fields every year, many of whom lack access to justice, earn sub-living wages, and exist in dehumanizing circumstances. Farmworkers are among the most exploited and vulnerable populations in the United States; yet, distressingly, they are also the least protected by U.S. law and law enforcement.

Legal aid advocates in the United States attempt to raise awareness …

Roark Reed - Remembering A Colleague, Maureen N. Armour, Mary B. Spector

SMU Law Review

No abstract provided.

Changing The Narrative Of Child Welfare, Matthew I. Fraidin

Georgetown Law Faculty Publications and Other Works

In child welfare, the difference we can make as lawyers for parents, children, and the state, and as judges, is to prevent children from entering foster care unnecessarily. And we can end a child’s stay in foster care as quickly as possible. To do that, we have to fight against a powerful narrative of child welfare and against the accepted “top-down” paradigm of legal services.

In this essay, Professor Fraidin suggests that we can achieve our goals of limiting entries to foster care and speeding exits from it by looking for the strengths of the people involved in our cases, …

Richmond Law Magazine: Winter 2012

Richmond Law Magazine

Features:

Courage and Independence

How Shall the Constitution be Enforced?

Law Weekend 2011

Justice for All

Alternative Justifications For Academic Support Ii: How “Academic Support Across The Curriculum” Helps Meet The Goals Of The Carnegie Report And Best Practices, Louis N. Schulze Jr.

Faculty Publications

In the wake of two momentous critiques of legal education, popularly known as the “Carnegie Report” and “Best Practices,” law schools are reconsidering certain basic assumptions about how we educate future lawyers. Even the most forward-thinking reformers, however, struggle with the details of how to implement many of the recommendations of those reports. Providing more formative assessment, for instance, is a laudable objective but one that has serious ramifications in terms of resource expenditures. This article seeks to provide a remedy for many of these struggles: “Academic Support Across the Curriculum.” This piece argues that the reconceptualization of an under-leveraged …

Parent And Family Guide, 2012-2016, Illinois State University, Dean Of Students Office, Parent And Family Services

Parent and Family Guide

Campus guide prepared by the Illinois State University Dean of Students Office's Parent and Family Services Department

Deconstructing Crac: Teaching Proposed Findings Of Fact And Conclusions Of Law In A Legal-Writing Program, Larry Howell

Faculty Law Review Articles

No abstract provided.

In-House Counsel’S Role In The Structuring Of Mortgage-Backed Securities, Steven L. Schwarcz, Shaun Barnes, Kathleen G. Cully

Faculty Scholarship

The authors introduce the financial crisis and the role played by mortgage-backed securities. Then describe the controversy at issue: whether, in order to own and enforce the mortgage loans backing those securities, a special-purpose vehicle “purchasing” mortgage loans must take physical delivery of the notes and security instruments in the precise manner specified by the sale agreement. Focusing on this controversy, the authors analyze (i) the extent, if any, that the controversy has merit; (ii) whether in-house counsel should have anticipated the controversy; and (iii) what, if anything, in-house counsel could have done to avert or, after it arose, to …

Sorrell V. Ims Health And The End Of The Constitutional Double Standard, Ernest A. Young

Faculty Scholarship

No abstract provided.

Class-Ifying London: Questioning Social Division And Space Claims In The Post-Industrial Metropolis, Mark Davidson, Elvin Wyly

Geography

Richard Florida's Rise of the Creative Class of 2002 ends with a clarion call for a post-industrial, post-class sensibility: 'The task of building a truly creative society is not a game of solitaire. This game, we play as a team.' Florida's sentiment has been echoed across a broad and interdisciplinary literature in social theory and public policy, producing a new conventional wisdom: that class antagonisms are redundant in today's climate of competitive professionalism and a dominant creative mainstream. Questions of social justice are thus deflected by reassurances that there is no 'I' in team, and that 'we' must always be …

Suffolk University Class Of 1962 50th Reunion Booklet, Suffolk University

Undergraduate Yearbooks

This booklet was created by the Class of 1962 for their 50th Class Reunion. In addition to celebrating their reunion, this booklet also serves as their unofficial yearbook. The 1962 yearbook was not printed. Contact information has been redacted.

Toward Economic Analysis Of The Uniform Probate Code, Daniel B. Kelly

Journal Articles

Insights from economics and the economic analysis of law may be useful in analyzing succession law, including intestacy and wills as well as nonprobate transfers such as trusts. After surveying prior works that have examined succession from a functional perspective, I explore the possibility of utilizing tools like (i) transaction costs, (ii) the ex ante/ex post distinction, and (iii) rules versus standards, to illuminate the design of the Uniform Probate Code. Specifically, I investigate how these tools, which legal scholars have employed widely in other contexts, may be relevant in understanding events like the nonprobate revolution and issues like “dead …

States Side Story: Career Paths Of International Ll.M. Students, Or "I Like To Be In America", Carole Silver

Articles by Maurer Faculty

This Article draws on an empirical study of the careers of international law graduates who earned an LL.M. in the United States, and considers the role of a U.S. LL.M. as a path for building a legal career in the United States. It identifies the institutional, political, and economic forces that present challenges to graduates who attempt to stay in the United States. While U.S. law schools prize the international diversity of their graduate students, this study reveals that the U.S. legal profession is most accessible to international students from English-speaking common law countries, whose language and background allow them …

Dealing With The Whip End Of Someone Else's Crazy: Individual-Based Approaches To Indian Land Fractionation, Anthony J. Franken

South Dakota Law Review

No abstract provided.