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2014

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Ending The Sweetheart Deal Between Big-Time College Sports And The Tax System, Richard L. Schmalbeck Jan 2014

Ending The Sweetheart Deal Between Big-Time College Sports And The Tax System, Richard L. Schmalbeck

Faculty Scholarship

This paper was prepared for the annual conference of the National Center for Philanthropy and Law, held at the NYU Law School, held October 24-25, 2013. The overall topic was “Tax Issues Affecting Colleges and Universities,” and I was asked to address specifically those issues relating to athletics. This paper considers two specific issues that have in common only that they involve college sports, and are plagued by egregiously bad, (in this case, egregiously generous), tax treatment: the failure of the IRS to regard any part of the revenue from college sports as unrelated business income, and the choice by …


Mitt Romney, The 47% Percent, And The Future Of The Mass Income Tax, Lawrence A. Zelenak Jan 2014

Mitt Romney, The 47% Percent, And The Future Of The Mass Income Tax, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


The Syrian Civil War: Four Concentric Forces Of Tensions, Majid Rafizadeh Jan 2014

The Syrian Civil War: Four Concentric Forces Of Tensions, Majid Rafizadeh

USF Tampa Graduate Theses and Dissertations

The ongoing Syrian conflict has been subject to considerable amount of political polemics. Nevertheless, little scholarly work has been conducted in order to comprehend the complexities as well as underlying reasons behind the intensity, scope, and duration of the conflict in Syria. Through qualitative methodology, this research examines the character of the Syrian conflict, by conducting an in-depth and nuanced case study of the Syrian civil war. While some theories of intrastate conflict and civil wars, concentrate on the domestic character of internal conflicts within states, transnational theories focus on external factors in examining intrastate conflicts. Both theoretical framework fail …


Retaining Color, Veronica Root Jan 2014

Retaining Color, Veronica Root

Faculty Scholarship

It is no secret that large law firms are struggling in their efforts to retain attorneys of color. This is despite two decades of aggressive tracking of demographic rates, mandates from clients to improve demographic diversity, and the implementation of a variety of diversity efforts within large law firms. In part, law firm retention efforts are stymied by the reality that elite, large law firms require some level of attrition to function properly under the predominant business model. This reality, however, does not explain why firms have so much difficulty retaining attorneys of color—in particular black and Hispanic attorneys.

And …


Theoretical And Experimental Investigations To Improve The Performance Of Surface Acoustic Wave (Saw) Biosensors, Mandek Richardson Jan 2014

Theoretical And Experimental Investigations To Improve The Performance Of Surface Acoustic Wave (Saw) Biosensors, Mandek Richardson

USF Tampa Graduate Theses and Dissertations

The objective of this dissertation is to improve the performance of surface acoustic wave (SAW) biosensors for use in point-of-care-testing (POCT) applications. SAW biosensors have the ability to perform fast, accurate detection of an analyte in real time without the use of labels. However, the technology suffers from the inability to differentiate between specific and non-specific binding. Due to this limitation, direct testing of bodily fluids using SAW sensors to accurately determine an analyte's concentration is difficult. In addition, these sensors are challenged by the need to detect small concentrations of a biomarker that are typically required to give a …


Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 20, Iss. 2 Jan 2014

Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 20, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Combatting Reproductive Oppression: Why Reproductive Justice Cannot Stop At The Species Border, Marya Torrez Jan 2014

Combatting Reproductive Oppression: Why Reproductive Justice Cannot Stop At The Species Border, Marya Torrez

Cardozo Journal of Equal Rights & Social Justice

The article argues that the oppression of nonhuman animals and marginalized humans, particularly women of color and low-income women, are deeply interconnected, especially through reproductive exploitation. It contends that the reproductive justice movement must expand its scope to include nonhuman animals, as their exploitation mirrors and perpetuates the oppression of marginalized humans. The article emphasizes that achieving true reproductive justice requires addressing the intertwined systems of domination based on species and sex.


Steubenville And Beyond: The Constitutional Case For Comprehensive Sex Education, Kelly E. Mannion Jan 2014

Steubenville And Beyond: The Constitutional Case For Comprehensive Sex Education, Kelly E. Mannion

Cardozo Journal of Equal Rights & Social Justice

The article argues that states are constitutionally required to provide comprehensive sex education to minors, as it is essential for their ability to exercise their constitutional rights to privacy, liberty, and autonomy. The denial of adequate sex education constitutes an undue burden on these rights and fails to meet legal standards for rationality and pedagogical interest. The right to receive information under the First Amendment, combined with the liberty right in sexual and reproductive choice under the Fourteenth Amendment, compels recognition of a state duty to provide such education.


Harm And The Fluid Nature Of Identity In Wrongful Life Cases Involving Preimplantation Genetic Diagnosis, Matthew Reisman Jan 2014

Harm And The Fluid Nature Of Identity In Wrongful Life Cases Involving Preimplantation Genetic Diagnosis, Matthew Reisman

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Entanglements: A Study Of Liberal Thought In The Promise Of Marriage, Anat Rosenberg Jan 2014

Entanglements: A Study Of Liberal Thought In The Promise Of Marriage, Anat Rosenberg

Cardozo Journal of Equal Rights & Social Justice

The article examines the paradoxical relationship between liberal ideals and status commitments, focusing on the promise of marriage as a microcosm of broader liberal thought. It argues that liberalism did not eliminate or preserve statuses but reinterpreted them, creating a complex interplay where statuses were both maintained and transformed. This analysis reveals persistent conceptual patterns in liberal ideology that entangle progress and hierarchy, challenging the progressive elimination or preservation of statuses. The study suggests that understanding these patterns is crucial for ideology critique and highlights their relevance to contemporary issues like multiculturalism and identity politics.


Give Me Internet Or Give Me Death: Analyzing The Constitutionality Of Internet Restrictions As A Condition Of Supervised Release For Child Pornography Offenders, Laura Tatelman Jan 2014

Give Me Internet Or Give Me Death: Analyzing The Constitutionality Of Internet Restrictions As A Condition Of Supervised Release For Child Pornography Offenders, Laura Tatelman

Cardozo Journal of Equal Rights & Social Justice

The note argues that blanket bans on internet and internet-capable devices as a condition of supervised release for child pornography offenders are unconstitutional under the doctrine of unconstitutional conditions. These bans infringe on fundamental liberties such as speech, association, and access to information, disproportionately affecting offenders’ ability to reintegrate into society. The analysis advocates for a balanced approach that prioritizes public safety while respecting constitutional rights, suggesting alternatives like supervised release rather than outright internet prohibition.


Equal Opportunity To Parent: The Case For Offering Teenage Moms And Dads Family Leave In Secondary Schools, Jaryn Haskell Saritzky Jan 2014

Equal Opportunity To Parent: The Case For Offering Teenage Moms And Dads Family Leave In Secondary Schools, Jaryn Haskell Saritzky

Cardozo Journal of Equal Rights & Social Justice

The note addresses the systemic exclusion of teenage fathers from discussions on teenage pregnancy and parenting, leading to unequal educational policies. It advocates for policy reforms to ensure equal treatment and support for all parenting students, emphasizing the need to challenge gender stereotypes and comply with legal protections.


The Real World: Child Labor And Reality Television, Ariel Tacher Jan 2014

The Real World: Child Labor And Reality Television, Ariel Tacher

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal vulnerabilities faced by child participants in reality television shows, arguing that current child labor laws fail to adequately protect them. It highlights how the classification of these children as "participants" rather than "employees" exempts them from protections afforded to child actors, leading to exploitation and insufficient safeguards.


Annotated Legal Bibliography On Gender Jan 2014

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 20, Iss. 3 Jan 2014

Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 20, Iss. 3

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Redefining Viability: Why The State Must Ensure Viable Alternatives To Pregnancy And Motherhood, Lauren Maisel Goldsmith Jan 2014

Redefining Viability: Why The State Must Ensure Viable Alternatives To Pregnancy And Motherhood, Lauren Maisel Goldsmith

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Pregnant Pause: The Exclusion Of Pregnant Women From Clinical Research As Sex Discrimination, Richard M. Weinmeyer Jan 2014

Pregnant Pause: The Exclusion Of Pregnant Women From Clinical Research As Sex Discrimination, Richard M. Weinmeyer

Cardozo Journal of Equal Rights & Social Justice

The article argues that the exclusion of pregnant women from clinical research constitutes sex discrimination. This exclusion, rooted in historical and regulatory factors, has led to a significant lack of data on how medications affect pregnant women, putting their health at risk. The author advocates for legislative action to shift the research culture from exclusion to inclusion, ensuring that pregnant women receive necessary medical treatments with proper research backing.


In The Name Of The Son: The Strategic Importance Of Prenatal Personhood In Abortion Law, Alejandro Madrazo Jan 2014

In The Name Of The Son: The Strategic Importance Of Prenatal Personhood In Abortion Law, Alejandro Madrazo

Cardozo Journal of Equal Rights & Social Justice

Prenatal personhood has been used as a vehicle for restricting abortion rights and other reproductive rights. This Article explores how, through narrative, the question of the status of prenatal life shapes the structure of debates over abortion law and reproductive rights. Whether prenatal hfe is deemed a person or not determines the narrative structures that can be deployed around abortion and, in consequence, strategically orients these debates by determining the key questions that must be addressed and the scope of answers that can be provided. By carrying out a comparative analysis of opinions of local, national and international courts from …


Panel 2: Juveniles In Solitary Confinement: Rehabilitation Or Torture?, Amy Fettig, Ian Kysel, Cynthia Soohoo, Homer Venters, Michael Corradini Jan 2014

Panel 2: Juveniles In Solitary Confinement: Rehabilitation Or Torture?, Amy Fettig, Ian Kysel, Cynthia Soohoo, Homer Venters, Michael Corradini

Cardozo Journal of Equal Rights & Social Justice

Symposium: Life in the Box: Youth in Solitary Confinement


Keynote: Five Omar Mualimmak, Five Omar Mualimmak Jan 2014

Keynote: Five Omar Mualimmak, Five Omar Mualimmak

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Thinking Outside The Box: Limiting The Collection Of Rape Kit Evidence In Acquaintance Rape Trials, Taylor Gamble Jan 2014

Thinking Outside The Box: Limiting The Collection Of Rape Kit Evidence In Acquaintance Rape Trials, Taylor Gamble

Cardozo Journal of Equal Rights & Social Justice

The note argues that limiting the collection of rape kit evidence in acquaintance rape cases could strike a balance between reducing victim trauma, conserving resources, and maintaining the integrity of the justice system. While DNA evidence is crucial in stranger rape cases, its utility in acquaintance rapes is limited since the central issue is often consent rather than identity. The analysis weighs the benefits of minimizing invasive exams and protecting victim privacy against the potential loss of probative evidence, ultimately suggesting that the benefits of selective collection outweigh the harms.


Ensemble Artifact Design For Context Sensitive Decision Support, Shah Jahan Miah, John G. Gammack Jan 2014

Ensemble Artifact Design For Context Sensitive Decision Support, Shah Jahan Miah, John G. Gammack

All Works

Although an improvement of design knowledge is an essential goal of design research, current design research predominantly focuses on knowledge concerning the IT artifact (tool) design process, rather than a more holistic understanding encompassing the dynamic usage contexts of a technological artifact. Conceptualising a design in context as an "ensemble artifact" (Sein et al., 2011) provides the basis for a more rigorous treatment. This paper describes an IS artifact design framework that has been generated from the development of several practitioner-oriented decision support systems (DSS) in which contextual aspects relevant to practitioners' decision making are considered as integral design themes. …


The One Less Traveled By: A New Model Of Leadership For The Nonprofit Sector, Michael E. Guillot Jan 2014

The One Less Traveled By: A New Model Of Leadership For The Nonprofit Sector, Michael E. Guillot

Antioch University Dissertations & Theses

How can we examine and address the nonprofit leadership dilemma? Nonprofit board members and executives, caught between a desire to advance a mission of service and a need to participate in the marketplace to acquire resources, are struggling to find scholarly direction that provides appropriate guidance while not succumbing to models of management designed by and for profit-oriented businesses. The Ten Building Blocks of Nonprofit Leadership is a new model of leadership that reconciles this dilemma through the articulation of ten key traits that distinguish the nonprofit leader and directs leadership behaviors in such a way as to retain the …


African American Men Who Give Voice To The Personal Transition From Criminality To Desistance, Naomi Nightingale Jan 2014

African American Men Who Give Voice To The Personal Transition From Criminality To Desistance, Naomi Nightingale

Antioch University Dissertations & Theses

The United States of America has more than 2.3 million persons incarcerated in state and federal prisons.In 2011 more than 700,000 prisoners were released from prisons back into the communities, mostly urban, from where they came.Upon their attempt to reenter society, persons released from prison are faced with overwhelming odds threatening their successful reentry at every critical element necessary for life and wellbeing—food, housing, health care, treatment for drug addictions, employment, counseling, family support and close personal relationships.This research reflects the voices of African American men who tell their personal stories of criminal life, imprisonment, recidivism, and the point at …


Spirituality And Leadership: Integrating Spirituality As A Developmental Approach Of Improving Overall Leader Effectiveness, George Gregory Houston Jan 2014

Spirituality And Leadership: Integrating Spirituality As A Developmental Approach Of Improving Overall Leader Effectiveness, George Gregory Houston

Antioch University Dissertations & Theses

The role of leadership continues to be a consistent topic of discussion whether you are considering the seminal work of Stogdill (1974), Burns (1978), Kouzes and Posner (1995), or Van Hooser's (2013) Leaders Ought to Know, one of Amazon's 2013 Top Ten Leadership books. A consistent question in leader development circles is-how can leaders be more effective in their role given the current state of leadership? One dimension of leadership development that is often overshadowed, downplayed, minimized, or completely ignored is the concept of spirituality. If the spiritual development of individual leaders can be integrated with other accepted leadership …


The Nature And Influence Of Relationship On Success In A Virtual Work Environment, Carol Locher Ransone Jan 2014

The Nature And Influence Of Relationship On Success In A Virtual Work Environment, Carol Locher Ransone

Antioch University Dissertations & Theses

The evolution of technology in the 21st century has led to a greater understanding of the benefits and the challenges of expanding work relationships across geographical boundaries. This expansion has contributed to the development of a global society with over three million employee teleworkers (Global Workplace Analytics and the Telework Research Network, 2013). In spite of the advances in connecting across the globe technologically, the importance of successfully working together in a virtual work environment is grounded in relationships that foster individual growth and group cohesion. The human elements of connectivity are primary to the success of organizations as well …


Knowing The Indigenous Leadership Journey: Indigenous People Need The Academic System As Much As The Academic System Needs Native People, Dawn Elizabeth Hardison-Stevens Jan 2014

Knowing The Indigenous Leadership Journey: Indigenous People Need The Academic System As Much As The Academic System Needs Native People, Dawn Elizabeth Hardison-Stevens

Antioch University Dissertations & Theses

This dissertation explores the research question, “How can we create the best learning environments for Indigenous students through good leadership at all levels?” A bridge between cultures provides learning opportunities toward academic success between Indigenous students, families, leaders, and communities. Through personal experience as a practitioner, professional, and education, my research examines and identifies results from personnel and students at five schools, tribal and public, their tribal communities, and two Indigenous people in high profile leadership positions indicating an educational philosophy recognizing Indigenous people need the academic system as much as the academic system needs Native people. Portraits and interviews …


Wise By Design: A Wisdom-Based Framework For Innovation And Organizational Design And Its Potential Application In The Future Of Higher Education, Juan Francisco Suarez Jan 2014

Wise By Design: A Wisdom-Based Framework For Innovation And Organizational Design And Its Potential Application In The Future Of Higher Education, Juan Francisco Suarez

Antioch University Dissertations & Theses

A wiser socio-economic system, by design and not by chance, may well benefit from a series of design principles drawn from the well of wisdom. This dissertation focused on a refined set of eight components of wisdom through research designed to explore if, how, and when they are invoked by a group of experts participating in a futures discussion about organizations in their field of practice, American higher education. The aim was to explore a set of wisdom-centered design principles (denoted as Wise By Design [WBD]) for social innovation, specifically in the design of organizations that would thrive in the …


Civic Deliberative Dialogue And The Topic Of Race: Exploring The Lived Experience Of Everyday Citizens And Their Encounters With Tension And Conflict, Jacquelyn Yvonne Mccray Jan 2014

Civic Deliberative Dialogue And The Topic Of Race: Exploring The Lived Experience Of Everyday Citizens And Their Encounters With Tension And Conflict, Jacquelyn Yvonne Mccray

Antioch University Dissertations & Theses

The research explored the interactions and experiences of participants and facilitators in civic deliberative dialogue and how they worked through tension and conflict. The dissertation question asked: What is the lived experience of participants and facilitators of civic deliberative dialogue and how do group members collectively move beyond tensions and disagreements that surface during dialogue processes? The study analyzed the joint influences of tension and disagreement within the context of seven deliberative dialogues convened on the topics of race, race relations and racism. Grounded theory methodology was used to analyze qualitative research data collected from participant volunteers and facilitators. A …


Portraits Of Vocal Psychotherapists: Singing As A Healing Influence For Change And Transformation, Susan G. Summers Jan 2014

Portraits Of Vocal Psychotherapists: Singing As A Healing Influence For Change And Transformation, Susan G. Summers

Antioch University Dissertations & Theses

The purpose of this study was to explore the personal singing and vocal journey of music therapists who are also trained as vocal psychotherapists with the Austin model of vocal psychotherapy. I was interested in learning how singing has been a healing influence for change and transformation in their lives. It is my hope that this research will offer music therapists new perspectives and information about how singing is important in healing for their own change and transformation, and for that of their clients. This research also may have implications for leaders of change as well as those who engage …