Digital Commons Network^™

Worker Cooperative Creation As Progressive Lawyering: Moving Beyond The One-Person, One-Vote Floor, Gowri Krishna

Articles & Chapters

Community Economic Development (CED) scholars posit that creating worker cooperatives, businesses owned and managed by their workers, is a progressive approach to CED that has the potential to go beyond job creation and spur grassroots political activism. Yet many workers’ rights organizations and workers’ rights advocates, especially those serving low-wage immigrant workers, struggle with how to connect worker cooperatives to broader efforts for change. This Article argues that forming a worker cooperative that acts as a change agent requires more than simply structuring the business as a worker cooperative. Cooperative corporation laws and cooperative principles set a floor — typically, …

'Baton Bullying': Understanding Multi-Aggressor Rotation In Anti-Harassment Cases, Kris Franklin

Articles & Chapters

Schools are increasingly expected to intervene to prevent the sorts of bullying behavior that can interfere with education. If they do so inadequately, as a number of recent cases show, school districts may be held liable under Title IX for their “deliberate indifference” to harassment that effectively prevents the victim from receiving the benefits of public education. In popular imagination, “bullying” usually consists of one aggressor terrorizing one victim, sometimes with the assistance or tacit approval of other students. But least with respect to the many cases of students being targeted because they were, or were perceived to be, gay, …

Theories Of State Compliance With International Law: Assessing The African Union’S Ability To Ensure State Compliance With The African Charter And Constitutive Act, Stacy-Ann Elvy

Articles & Chapters

May 26, 2011, marked the ten-year anniversary of the establishment of the African Union, and with the sudden death of Muammar al Gaddafi, who was instrumental in the creation of the African Union, the time is ripe to fully re-assess the ability of the African Union to ensure state compliance with the Constitutive Act of the African Union (Constitutive Act) and the African Charter on Human and Peoples’ Rights (African Charter). The African continent has a long history of massive human rights abuses. Prior to 2001, the Organization of African Unity (OAU) was responsible for ensuring that African states complied …

Mobilizing Law For Justice In Asia: A Comparative Approach, Frank W. Munger, Scott Cummings, Louise Trubek

Articles & Chapters

This article offers a comparative framework for studying why and how law is mobilized to advance justice claims by marginalized groups in Asia. In it, we build upon a series of collaborative exchanges between practitioners and scholars on the role of social justice lawyers in eleven Asian countries: Bangladesh, China, India, Indonesia, Malaysia, Mongolia, Myanmar, Philippines, Singapore, Thailand, and Vietnam. Based on lessons from this collaboration, we suggest that one way to understand variation in the type and scope of legal mobilization for the politically weak is in relation to two important domestic factors: political openness and autonomy of law. …

Fcc Ancillary Jurisdiction Over Internet And Broadband, Michael Botein

Articles & Chapters

No abstract provided.

And How: Mayo V. Prometheus And The Method Of Invention, Jacob S. Sherkow

Articles & Chapters

The Mayo Court's novel test for patent eligibility — whether or not an invention involves “well-understood, routine, conventional activity, previously engaged in by researchers in the field” — focuses on how an invention is accomplished rather than what an invention is. That concern with the method of invention poses several normative, statutory, and administrative difficulties. Taken seriously, the “how” requirement will likely have broad effects across all levels of patent practice.

Patent Infringement As Criminal Conduct, Jacob S. Sherkow

Articles & Chapters

Criminal and civil law differ greatly in their use of the element of intent. The purposes of intent in each legal system are tailored to effectuate very different goals. The Supreme Court’s recent decision in Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060 (2011), however, imported a criminal concept of intent — willful blindness — into the statute for patent infringement, a civil offense, despite these differences. This importation of a criminal law concept of intent into the patent statute is novel and calls for examination. This Article compares the purposes behind intent in criminal law with the …

Federal Trade Commission V. Actavis, Inc. And Reverse-Payment Or Pay-For-Delay Settlements, Jacob S. Sherkow

Articles & Chapters

An imminent US Supreme Court ruling should resolve one of the thorniest legal issues facing pharmaceutical companies today.

Online Mental Disability Law Education, A Disability Rights Tribunal, And The Creation Of An Asian Disability Law Database: Their Impact On Research, Training And Teaching Of Law, Criminology Criminal Justice In Asia, Michael L. Perlin, Heather Ellis Cucolo, Yoshikazu Ikehara

Articles & Chapters

Two professors at New York Law School (NYLS) and the director of the Tokyo Advocacy Law Office are engaged in initiatives with the potential to have major influences on the study of law, criminology, and criminal justice: the creation of a Disability Rights Tribunal for Asia and the Pacific (DRTAP), and expansion of NYLS’s online mental disability law program (OMDLP) to include numerous Asian venues.

DRTAP seeks to create a sub-regional body (a Commission and eventually a Court) to hear violations of the UN’s Convention on the Rights of Persons with Disabilities. This will explicitly inspire scholarship about issues such …

Governmental Conservation Easements: A Means To Advance Efficiency, Freedom From Coercion, Flexibility, And Democracy, Gerald Korngold

Articles & Chapters

Over the past twenty-five years, courts and commentators have recognized and upheld conservation easements as an important vehicle to preserve natural and ecologically sensitive land, focusing primarily on easements held by nonprofit organizations (NPOs). During the same period, courts and commentators have supported property rights of owners against governmental land use regulation. This paper maintains that these two independent developments militate for the increased use of consensual conservation easements by governmental entities to achieve public land preservation goals. Governmental conservation easements can realize the benefits of efficiency, consent and free choice, and conservation, while avoiding the coercion implicit in public …

They’Re Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin

Articles & Chapters

Individuals classified as sexual predators are the pariahs of the community. Sex offenders are arguably the most despised members of our society and therefore warrant our harshest condemnation. Twenty individual states and the federal government have enacted laws confining individuals who have been adjudicated as “sexually violent predators” to civil commitment facilities post incarceration and/or conviction. Additionally, in many jurisdictions, offenders who are returned to the community are restricted and monitored under community notification, registration and residency limitations. Targeting, punishing and ostracizing these individuals has become an obsession in society, clearly evidenced in the constant push to enact even more …

The Song Is Over: Why It's Time To Stop Talking About An International Investment Arbitration Appellate Body, Barry Appleton

Articles & Chapters

No abstract provided.

Introduction Of The Panelists: The Untold Secrets Of Eagle Street (Symposium), Penelope Andrews, Vincent Martin Bonventre, Patrick M. Connors, Rosemary Queenan, Michael J. Hutter, Donna E. Young

Articles & Chapters

No abstract provided.

Predictors Of Drug Court Success In A Small City Drug Court, Melinda Sue Fangman

Criminal Justice and Political Science

This study examines the factors related to completion outcomes of the East Central Judicial District Drug Court (ECJDDC). The ECJDDC has a 71% graduation rate which far exceeds the national average of approximately 40-45%. The dataset included information on 250 participants who entered the drug court from 2003-2011. Factors included in the analysis include those related to living situation, family situation, socioeconomic status, veteran status, current offense, and prior criminal history in addition to sex, race, and age. Logistic regression determined that the strongest predictors of graduation relate to education, income, employment, and living situation. Policy implications, practice, and future …

Contractor Prequalification Practices In Bangladesh, Mohammad Mofigul Islam Molla

Construction Management and Engineering

Like many developing economies, the construction industry in Bangladesh is vital to its economic development and growth. However, the Bangladeshi construction industry is plagued by unethical practices, sub-standard construction work, and the inability of local contractors to partake in internationally funded (lucrative) contracts (as general contractors). A contractor prequalification process is proposed to address the problems facing the industry. In this work, an extensive literature review was used in combination with research surveys, statistical analyses of the literature and survey results, and the analytical hierarchy process to develop sets of factors and criteria pertinent to contractor prequalification/selection. A five-level framework …

Assessment Of Owner Risk Associated With Airport Capital And Maintenance Projects, Chidozie Ehiemere

Construction Management and Engineering

The thesis produces a risk management process that effectively determines risk and its effects on commercial airport owner activities. To achieve this goal, the thesis reviewed these objectives: 1) Determination of major risks in the US commercial aviation industry; 2) Assessment and analysis of these risks in US commercial facilities; and 3) Producing risk dynamic in a project cycle associated with airport owner activities. The owner of airport facilities faces multiple risks in planning, design & construction of commercial airports. Literature on airport risk and damages was reviewed and used to produce a survey sent to select facilities in the …

The Veracity Of Self-Reported Criminal Records Among Ndsu Students, Kelsey Anne Keimig

Criminal Justice and Political Science

Campus safety and security are important concerns for colleges and universities. One way security is addressed is through utilization of self-report questions about criminal backgrounds during the admissions process. The current study evaluates this admissions policy by using a systematic random sample of 1,400 students to compare self-reported criminal backgrounds with criminal records listed in four online databases. Results indicate that two individuals within the sample failed to report their criminal backgrounds which included simple assault, burglary, theft, possession of controlled substance, and drug paraphernalia. While the failed reporting rate appears low, caution should be taken interpreting the results. A …

Spatial Statistical And Multivariate Regression Approach To Earthwork Shrinkage-Factor Calculation, Benedict Shamo

Construction Management and Engineering

In this research, a linear shrinkage factor model, which is the result of spatial and statistical modeling, was developed for the state of North Dakota. The input variables for the developed shrinkage factor models were derived from spatially modeled soil data which makes the function responsive to soil variability across the state. The current approach for selecting the shrinkage correction factor in earthwork contracts across the state of North Dakota is through a trial-and-error system. This deterministic system employs the judgment of experienced engineers in selecting a shrinkage factor value for earthwork contracts. The current approach assumes shrinkage factor uniformity …

Project Time And Cost Control Using Building Information Modeling, Dalu Zhang

Construction Management and Engineering

Although the construction industry has been evolving for centuries and researchers have been seeking innovative solutions for decades, diverse challenges still exist in making the construction process faster, safer, cheaper and more accurate. It is believed that Building Information Modeling (BIM) can lead to greater efficiency through the incremental collaboration. The data in BIM system is extremely useful and can be generated to optimize the project delivery processes. However, since BIM increases the project design cost and requires a big learning curve, project participants are concerned about the cost of project, which has hindered the adoption of BIM for the …

State Of Bridge Management In Canada, Kamran Majeed Khanzada

Construction Management and Engineering

Bridges are key elements of all horizontal transportation networks. The primary objective of this paper is to investigate and document bridge-management practices in Canada at the federal, provincial/territorial, and municipal levels. The research methods used include a literature review, data collection (surveys), data analysis, and conclusions. The survey was sent to all provincial/territorial and federal jurisdictions. Nine of ten provincial, three of three territorial, and two of nine federal agencies responded to the survey. Currently, only four provinces have computerized Bridge Management Systems (BMS). The Ontario Structure Inspection Manual (OSIM), developed by province of Ontario, is the most widely used …

Characteristics Of Concrete Building Units Containing Crushed Waste Glass, Ahmad Shaker Anna

Construction Management and Engineering

"Glascrete" the term used for concrete in which all the aggregates or part of it are substituted by crushed glass. Glass is the only material that can be recycled many times without changing its properties; these properties making it an ideal material in concrete. The goal of this research was to evaluate the compressive and splitting tensile strength of concrete mixes containing different glass aggregate replacement up to 20 % by volume of sand; with and without admixtures. 144 cubes and 144 cylinders were prepared with different admixtures then tested for compressive and splitting tensile strength. The results indicate that …

The Mechanics Of Bonds Between Concrete And Frp Plate Using Three Parameter Elastic Foundation Models, Linjing Che

Construction Management and Engineering

Traditional metallic materials lead steel-reinforced concrete structures to a durability problem due to its low value of resistance to corrosion. The superior performances of FRP, including the high resistance to corrosion, the flexible and complex shapes… give it a big advantage. However, premature failure due to debonding of adhesives between concrete and reinforcing materials is the major concern for all types of reinforcement containing FRP plate reinforcement. This thesis gradually develops three elastic foundation models, which are mainly derived from the solution of superficial stress in the foundations-soil system. The one-parameter Winkler’s elastic foundation model is simple and easy. The …

Study Of Factors Affecting Labor Productivity At A Building Construction Project In The Usa: Web Survey, Mahesh Madan Gundecha

Construction Management and Engineering

Construction projects suffer various problems and complex factors such as cost, duration, quality and safety. Construction sector is diverse as it contains, contractors, consultants, designers, owners, and others. The aim of this paper is to identify factors affecting labor productivity at a building construction project. A literature review and factors recommended by experts were considered to categorize the factors. 40 factors, categorized into 5 groups, were analyzed and ranked considering Relative Importance Index. The questionnaires were distributed to Project Manager, Project Engineer, Architecture, and Others (Scheduler, and Estimator). It was concluded, final cost of the projects were higher than estimated …

From The Particular To The General: Three Federal Rules And The Jurisprudence Of The Rehnquist And Roberts Courts, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.

Understanding Curtiss-Wright, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.

Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law, Ari Ezra Waldman

Articles & Chapters

This is the first in a series of three Articles investigating the underappreciated role that the social theory of Emile Durkheim plays in the quest for the freedom to marry for gay Americans. To that end, this Article begins the discussion by examining the Durkheimian legal arguments that go unnoticed in equal protection and due process claims against marriage discrimination. This Article challenges two assumptions: first, that the most effective legal argument for marriage rights is a purely liberal one, and second, that the substance and rhetoric of liberal toleration cannot exist symbiotically in the marriage discrimination debate with a …

Introduction: Trial By Jury Or Trial By Motion? Summary Judgment, Iqbal, And Employment Discrimination, Arthur S. Leonard

Articles & Chapters

No abstract provided.

Ask The Professor: How Will The Seventh Circuit Rule In Sentinel Ii?, Ronald H. Filler

Articles & Chapters

No abstract provided.

Yonder Stands Your Orphan With His Gun: The International Human Rights And Therapeutic Jurisprudence Implications Of Juvenile Punishment Schemes, Michael L. Perlin

Articles & Chapters

In the last decade, the US Supreme Court has ruled that the death penalty, a life sentence without possibility of parole (LWOP), and mandatory LWOP for homicide convictions violate the Eighth Amendment when applied to juvenile defendants. These decisions were premised, in large part, on findings that "developments in psychology and brain science continue to show fundamental differences between juvenile and adult minds," and that those findings both lessened a child's "moral culpability" and enhanced the prospect that, as the years go by and neurological development occurs, his "deficiencies will be reformed."

These decisions have, by and large, been welcomed …

Wisdom Is Thrown Into Jail: Using Therapeutic Jurisprudence To Remediate The Criminalization Of Persons With Mental Illness, Michael L. Perlin

Articles & Chapters

The common wisdom is that there are two related villains in the saga of the “criminalization of persons with mental illness”: the dramatic elimination of psychiatric hospital beds in the 1970s and 1980s as a result of the “civil rights revolution,” and the failure of the deinstitutionalization movement. Both of these explanations are superficially appealing, but neither is correct; in fact, the causal link between deinstitutionalization and criminalization has never been rigorously tested. It is necessary, rather, to consider another issue to which virtually no attention has been or is being paid: the near-disappearance of mental status issues from the …