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Articles 31351 - 31380 of 31433
Full-Text Articles in Entire DC Network
If Dr. Martin Luther King, Jr. Had A Twitter Account: A Look At Collective Action, Social Media, And Social Change, Stacy A. Smith
If Dr. Martin Luther King, Jr. Had A Twitter Account: A Look At Collective Action, Social Media, And Social Change, Stacy A. Smith
Seattle Journal for Social Justice
No abstract provided.
Microaggressions In The Context Of Academic Communities, Catharine Wells
Microaggressions In The Context Of Academic Communities, Catharine Wells
Seattle Journal for Social Justice
No abstract provided.
Fight The Tower: A Call To Action For Women Of Color In Academia, Kieu-Linh Caroline Valverde
Fight The Tower: A Call To Action For Women Of Color In Academia, Kieu-Linh Caroline Valverde
Seattle Journal for Social Justice
No abstract provided.
Funding Alaska Village Relocation Caused By Climate Change And Preserving Cultural Values During Relocation, Jason Iverson
Funding Alaska Village Relocation Caused By Climate Change And Preserving Cultural Values During Relocation, Jason Iverson
Seattle Journal for Social Justice
No abstract provided.
Towards Stability In The Democratic Republic Of Congo-The Dodd-Frank Act's Strengths And Weaknesses, Rebecca N. Sells
Towards Stability In The Democratic Republic Of Congo-The Dodd-Frank Act's Strengths And Weaknesses, Rebecca N. Sells
Seattle Journal for Social Justice
No abstract provided.
The Uniformed Services Employment And Reemployment Rights Act Of 1994 Userra) And The Federal Government's Shortcomings, Elyne M. Vaught
The Uniformed Services Employment And Reemployment Rights Act Of 1994 Userra) And The Federal Government's Shortcomings, Elyne M. Vaught
Seattle Journal for Social Justice
No abstract provided.
Is The Corporate Director's Duty Of Care A "Fiduciary' Duty? Does It Matter?, Christopher M. Bruner
Is The Corporate Director's Duty Of Care A "Fiduciary' Duty? Does It Matter?, Christopher M. Bruner
Scholarly Works
While reference to "fiduciary duties" (plural) is routinely employed in the United States as a convenient short-hand for a corporate director's duties of care and loyalty, other common-law countries generally treat loyalty as the sole "fiduciary duty." This contrast prompts some important questions about the doctrinal structure for duty of care analysis adopted in Delaware, the principal jurisdiction of incorporation for U.S. public companies. Specifically, has the evolution of Delaware's convoluted and problematic framework for evaluating disinterested board conduct been facilitated by styling care a "fiduciary" duty? If so, then how should Delaware lawmakers and judges respond moving forward?
In …
Rural Non-Farm Livelihood Diversification And Poverty Reduction In Nigeria, Paul Agu Igwe
Rural Non-Farm Livelihood Diversification And Poverty Reduction In Nigeria, Paul Agu Igwe
Plymouth Business School Theses
The aim of this research is to provide analysis of the rural non-farm sector in Nigeria by investigating inter-linkages between farm and non-farm activities. By critical analysis using quantitative and qualitative research methods to investigate farm and non-farm sectors, the research attempts to reveal the complex linkages between these activities undertaken by rural households. The analysis employs household surveys aimed at collecting primary data undertaken to investigate various aspects of rural livelihoods including sources of income, employment, diversification and determinants of household income. The research provides analysis of Rural Micro and Small Enterprises (RMSEs) in the non-farm sector. It investigates …
The Construction Of Local Road Safety Issues: When Lay And Professional Discourses Collide, Stephen Ball
The Construction Of Local Road Safety Issues: When Lay And Professional Discourses Collide, Stephen Ball
Plymouth Business School Theses
Highway Authorities in the United Kingdom have jurisdiction to control, maintain and improve the local highway network, and the Road Traffic Act 1988 places a duty on such authorities to take preventative measures to reduce road casualties. As such, engineers working for the Highway Authority are on the ‘front-line,’ and are required to deal directly with lay concerns relating to road safety. This study investigates the nature and characteristics of how local road safety issues are raised and how engineers respond to such issues in a local authority setting. A grounded theory methodology was applied in the collection and analysis …
A Right To Contribution And Federal Restitution Orders, Jonathan R. Hornok
A Right To Contribution And Federal Restitution Orders, Jonathan R. Hornok
Utah Law Review
Amy and Vicky are victims of two of the most widely traded series of child sex-abuse images. The Violence Against Women Act requires courts to order full restitution for these women. However, with millions of dollars in requested restitution and thousands of defendants, the United States courts of appeals are split over whether to interpret the mandatory restitution provision broadly (providing a victim with comprehensive recovery from each defendant) or narrowly (frequently allowing only limited, expensive, and time-consuming recovery from many defendants). Partially motivating this circuit split are courts’ opposing views on whether a defendant has a right to contribution …
Perpetual Conservation Easementsin The 21st Century: What Have We Learned And Where Should We Go From Here?, Nancy A. Mclaughlin
Perpetual Conservation Easementsin The 21st Century: What Have We Learned And Where Should We Go From Here?, Nancy A. Mclaughlin
Utah Law Review
The public is investing billions of dollars in conservation easements, which now protect an estimated 40 million acres throughout the United States. But all is not well. Uncertainties in the law and abusive practices threaten to undermine public confidence in and the effectiveness of the conservation easement as a land protection tool. On February 15, 2013, the Wallace Stegner Center at the University of Utah S.J. Quinney College of Law sponsored a conference at which these issues were explored, with the goal of helping to minimize abuses and ensure that conservation easements will actually provide the promised conservation benefits to …
The Uniform Conservation Easement Act: Reflections Of A Member Of The Drafting Committee, K. King Burnett
The Uniform Conservation Easement Act: Reflections Of A Member Of The Drafting Committee, K. King Burnett
Utah Law Review
The UCEA has a relatively narrow purpose—to sweep away common law impediments to the validity of conservation easements—and it has very successfully accomplished that goal. It also provides parties with the flexibility to create easements of various durations and in a variety of circumstances. The Act’s simplicity may be both its strength and its weakness, depending upon how the courts interpret its provisions. Hopefully courts will look to the comments of the Drafting Committee as a useful guide.
Conservation Easements As Charitable Property: Fiduciary Duties And The Limits Of Charitable Self-Regulation, Melanie B. Leslie
Conservation Easements As Charitable Property: Fiduciary Duties And The Limits Of Charitable Self-Regulation, Melanie B. Leslie
Utah Law Review
Charitable organizations may occasionally be tempted to terminate conservation easements to appease donors, landowners, or prominent members of the community. Directors may rubber-stamp termination proposals out of a desire to be cooperative and supportive team players. This tendency to abdicate the monitoring role becomes more pronounced if board members lack full information about the terms of the transaction, especially if conflicts of interest are involved. Boards that take governance seriously will understand that termination decisions must be consistent with state law fiduciary duties of care, obedience, and loyalty. Because it is quite possible that a state court will determine that …
Once Born, Twice Orphaned: Children’S Constitutional Case Against Same-Sex Adoption Bans, Tanya M. Washinton
Once Born, Twice Orphaned: Children’S Constitutional Case Against Same-Sex Adoption Bans, Tanya M. Washinton
Utah Law Review
The gay adoption debate has been focused on how placement bans deprive qualified gay and lesbian prospective parents of the opportunity to adopt children who are not likely to be permanently placed. Litigants challenging placement bans have focused primarily on the rights of prospective parents. States have defended these bans in ways that obscure the fact that they violate children’s rights by depriving them of the placement option that best serves their interests. Supply and demand realities, the best-interests-of-the-child standard, and the documented harms associated with non-placement demand state action that facilitates rather than frustrates the possibility of adoption. Confining …
The Oncoming Storm: State Indian Child Welfare Act Laws And The Clash Of Tribal, Parental, And Child Rights, Philip Jay Mccarthy Jr.
The Oncoming Storm: State Indian Child Welfare Act Laws And The Clash Of Tribal, Parental, And Child Rights, Philip Jay Mccarthy Jr.
Utah Law Review
State ICWA laws may not grant Indian tribes greater rights “at the expense of the parents’ or children’s rights.”84 It is incumbent upon child advocates and counsel for parents to protect the rights of their clients and to challenge these laws.
Transracial Adoption In The United States: The Reflection And Reinforcement Of Racial Hierarchy, David Ray Papke
Transracial Adoption In The United States: The Reflection And Reinforcement Of Racial Hierarchy, David Ray Papke
Utah Law Review
Individual whites who adopt children of another race admittedly have a range of motivations, and many manage to transcend racism in their adoptions and their subsequent family lives. However, transracial adoption as a socio-legal phenomenon remains racialized. Participants have preferences and standing related to their races, and transracial adoption reflects and reinforces the nation’s dominant racial hierarchy. In the area of transracial adoption and in the society as a whole, a “post-racial” era has not dawned, even with the election of a President who was in part raised abroad and understands himself as a man of color. In the contemporary …
A Win For Transgender Employees: Chevron Deference For The Eeoc’S Decision In Macy V. Holder, Laura Anne Taylor
A Win For Transgender Employees: Chevron Deference For The Eeoc’S Decision In Macy V. Holder, Laura Anne Taylor
Utah Law Review
This Note argues that the federal courts should either give full deference to the EEOC’s recent decision under the deference principles laid out in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. or should adopt the EEOC’s interpretation as persuasive under Skidmore v. Swift & Co.
Utah And Juvenile Incompetency, Dannon Lee
Utah And Juvenile Incompetency, Dannon Lee
Utah Law Review
This Note discusses the recent Utah law and the issues it creates, focusing on where to place minors during the attainment period and what should be done if the minor is not able to achieve competency. This Note examines whether committing the minor during attainment accords with due process as well as the real possibility that detention will be used as a placement during the attainment period. Next, it looks to what other states have done when a minor cannot achieve competency and how Utah handles similar situations with adults. Finally, this Note addresses some possible areas of improvement that …
Full Issue, Socio-Legal Review
Full Issue, Socio-Legal Review
Dissemination Must Serve Authors: How The U.S. Supreme Court Erred, Wendy J. Gordon
Dissemination Must Serve Authors: How The U.S. Supreme Court Erred, Wendy J. Gordon
Faculty Scholarship
The US Congress has enacted expansions of copyright which arguably impose high social costs and generate little incentives for authorial creativity. When the two most expansive statutes were challenged as unconstitutional, the US Supreme Court rebuffed the challenges, partly on the supposed ground that copyright law could legitimately seek to promote nonauthorial interests; apparently, Congress could enact provisions aiming to support noncreative disseminative activities such as publishing, or restoring and distributing old film stock, even if authorial incentives were not served. Such an error might have arisen because of three phenomena (in economics, history, and law, respectively) that might easily …
Jewish Identity And Judging: Seymour Simon Of Illinois, Jack M. Beermann
Jewish Identity And Judging: Seymour Simon Of Illinois, Jack M. Beermann
Faculty Scholarship
Illinois Supreme Court Justice Seymour F. Simon (1915-2006) would have filled the stereotype of the righteous man in Jewish lore. He was a man of principle, communicated those principles in an insistent tone to anyone who would listen, worked hard to further the cause of justice and earned a reputation as a committed public servant. Justice Simon served as Justice of the Illinois Supreme Court from 1980-1988 after having served on the Illinois Appellate Court from 1974-1980. Before winning election to the courts, Justice Simon was a politician, serving, inter alia, as an alderman in the City of Chicago and …
Greensboro And Beyond: Remediating The Structural Sexism In Truth And Reconciliation Processes And Determining The Potential Impact And Benefits Of Truth Processes In The United States, Peggy Maisel
Faculty Scholarship
Over the last 35 years approximately forty truth commissions have investigated human rights violations and abuses in a wide range of countries and communities. Each of these forty commissions provides different lessons on how investigating and testifying about past abuse can lead to healing and change. I have participated in two of the more remarkable Truth and Reconciliation processes, the first as an observer, the other as an advisor. The former is perhaps the most widely known and discussed TRC process, the one which took place in South Africa from 1996 to 1998 that examined the entire apartheid era in …
Niklas Luhmann's Theory Of Autopoietic Legal Systems, Hugh Baxter
Niklas Luhmann's Theory Of Autopoietic Legal Systems, Hugh Baxter
Faculty Scholarship
Between 1984 and his death in 1998, German sociologist Niklas Luhmann developed a comprehensive theory of what he called autopoietic or self-referential systems.He worked out this approach both at the level of a social system as a whole and at the level of various social subsystems, such as state, economy, science, religion, education, art, family, and — the concern of the present article — law. My particular topics in this critical introduction to Luhmann’s theory are (a) its relation to more standard legal theory, (b) foundational or self-referential problems in law, and (c) the problem of law’s relation to other …
Investigating The Effects Of Corporate Governance Of Banks In Nigeria: A Grounded Theory Approach, Umar Abbas Ibrahim
Investigating The Effects Of Corporate Governance Of Banks In Nigeria: A Grounded Theory Approach, Umar Abbas Ibrahim
Plymouth Business School Theses
This thesis investigates the phenomena that underlie corporate governance practices in the Nigerian banking sector (NBS); the purpose is to understand the nature of corporate governance and the factors influencing it. It offers a response to a number of concerns raised about the effectiveness of banks’ corporate governance practices, especially before the consolidation reform and during the 2007-2009 global financial crisis. Culture and leadership are identified as providing the most suitable theoretical framework for this study, and through grounded theory (GT), an empirical study is undertaken to identify the nature of corporate governance practices in banks, the factors that influence …
"The Duchy Of Cornwall - A Feudal Remnant? An Examination Of The Origin, Evolution And Present Status Of The Duchy Of Cornwall", John Kirkhope
"The Duchy Of Cornwall - A Feudal Remnant? An Examination Of The Origin, Evolution And Present Status Of The Duchy Of Cornwall", John Kirkhope
Plymouth Business School Theses
John Kirkhope “The Duchy of Cornwall – A Feudal Remnant?” “An examination of the origin, evolution and present status of the Duchy of Cornwall” ABSTRACT This thesis conducts a legal analysis of the Duchy of Cornwall and how its perceived status has changed over the centuries. The roots of the Duchy date back nearly a thousand years therefore an understanding of the roots of the Duchy and its evolution, focussing on the significant legal issues, over time is necessary to comprehend its present position. The thesis concludes by exploring issues surrounding the contemporary legal status of the Duchy and identifies …
Container Shipping Risk Management: A Case Study Of Taiwan Container Shipping Industry, Chia-Hsun Chang
Container Shipping Risk Management: A Case Study Of Taiwan Container Shipping Industry, Chia-Hsun Chang
Plymouth Business School Theses
Whilst container shipping has become increasingly important over the past few decades due to its obvious advantages, container shipping companies have faced various risks from different sources in their operations. Systematic academic studies on this topic are few; and in light of this, this study aims to systematically explore and analyse the risks in container shipping operations and to examine the applicable risk mitigation strategies in a logistics perspective, including information flow, physical flow, and payment flow. This thesis uses Taiwan container shipping industry as a case study, and borrows four steps of risk management as the main method, which …
Plymouth Families Project Evaluation 2012, Z James
Plymouth Families Project Evaluation 2012, Z James
School of Law, Humanities and Social Sciences
No abstract provided.
The Arab-Israeli Conflict And International Law, Susan M. Akram, S. Michael Lynk
The Arab-Israeli Conflict And International Law, Susan M. Akram, S. Michael Lynk
Faculty Scholarship
The Arab-Israeli conflict has become the most prominent arena of regional and international tension over the past century. Within the realm of international law, the conflict has contributed greatly to the development of international rule-making. The laws of war, the scope of international humanitarian and human rights law, the rights of refugees, the centrality of self-determination, the laws on terrorism and the content of modern treaty-making -- all have been significantly shaped by the norms established through the copious resolutions, diplomatic statements and legal commentary on the many features of the conflict. Yet, at the same time, the efficacy of …
Addressing The Harm Of Total Surveillance: A Reply To Professor Neil Richards, Danielle K. Citron, David Gray
Addressing The Harm Of Total Surveillance: A Reply To Professor Neil Richards, Danielle K. Citron, David Gray
Faculty Scholarship
In his insightful article, "The Dangers of Surveillance," 126 Harvard Law Review 1934 (2013), Neil Richards offers a framework for evaluating the implications of government surveillance programs that is centered on protecting "intellectual privacy." Although we share his interest in recognizing and protecting privacy as a condition of personal and intellectual development, we worry in this essay that, as an organizing principle for policy, "intellectual privacy" is too narrow and politically fraught. Drawing on other work; we, therefore, recommend that judges, legislators, and executives focus, instead, on limiting the potential of surveillance technologies to effect programs of broad and indiscriminate …