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2015

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Examining The Americans With Disabilities Act's Reassignment Provision Through An Equal Protection Lens, Danielle Bogaards Dec 2015

Examining The Americans With Disabilities Act's Reassignment Provision Through An Equal Protection Lens, Danielle Bogaards

UC Law Constitutional Quarterly

Disabled employees were given equal protection rights when Congress acted under Section 5 of the Fourteenth Amendment to enact the Americans with Disabilities Act ("ADA"). This note begins by analyzing the ADA's reassignment provision, which is triggered when a current employee becomes disabled and can no longer perform the essential tasks of his or her current position. The ADA considers various forms of accommodations the employer may provide; yet circuit courts are split when faced with application of the ADA's reassignment provision because it is often used as a last resort before termination. More specifically, when an employer has a …


Participation And The Poor: Social Accountability Institutions And Poverty Reduction In Brazil, Michael Touchton, Brian Wampler, Natasha Borges Sugiyama Dec 2015

Participation And The Poor: Social Accountability Institutions And Poverty Reduction In Brazil, Michael Touchton, Brian Wampler, Natasha Borges Sugiyama

Political Science Faculty Publications and Presentations

Democracy, according to a large body of research, contributes to human development by improving citizens' lives (Prezeworkski et al. 2000; Gerrign et al. 2012; McGuire 2010; Baum and Lake 2003; Gerring et al. 2015). Broad evidence demonstrates that democracies provide higher standards of living, on average, for their citizens than authoritarian countries (Boix 2001; Brown and Hunter 2004; Brown and Mobarak 2009; Besley and Kudamatsu 2006; Lake and Baum 2001). But what is it about democratic practice that enhances the quality of its citizens' lives? Proponents argue that democratic practices such as competitive elections, checks and balances, and protection of …


The Construction And Validation Of An Instructor Learning Analytics Implementation Model To Support At-Risk Students, Holly M. Mckee Dec 2015

The Construction And Validation Of An Instructor Learning Analytics Implementation Model To Support At-Risk Students, Holly M. Mckee

CCAC Theses and Dissertations

With the widespread use of learning analytics tools, there is a need to explore how these technologies can be used to enhance teaching and learning. Little research has been conducted on what human processes are necessary to facilitate meaningful adoption of learning analytics. The research problem is that there is a lack of evidence-based guidance on how instructors can effectively implement learning analytics to support academically at-risk students with the purpose of improving learning outcomes. The goal was to develop and validate a model to guide instructors in the implementation of learning analytics tools to support academically at-risk students with …


Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar Dec 2015

Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar

Faculty Scholarship

No abstract provided.


One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson Dec 2015

One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


The Protection Of Intellectual Property Licenses In Insolvency: Lessons From The Nortel Case, Anthony Duggan, Norman Siebrasse Dec 2015

The Protection Of Intellectual Property Licenses In Insolvency: Lessons From The Nortel Case, Anthony Duggan, Norman Siebrasse

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Judicial Implementation Of South Africa’S New Business Rescue Model: A Preliminary Assessment, Patrick C. Osode Dec 2015

Judicial Implementation Of South Africa’S New Business Rescue Model: A Preliminary Assessment, Patrick C. Osode

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


High-Tech Companies And The Decision To “Go Public”: Are Backdoor Listings (Still) An Alternative To “Front-Door” Initial Public Offerings?, Erik P.M. Vermeulen Dec 2015

High-Tech Companies And The Decision To “Go Public”: Are Backdoor Listings (Still) An Alternative To “Front-Door” Initial Public Offerings?, Erik P.M. Vermeulen

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


The Colombian Simplified Corporation: An Empirical Analysis Of A Success Story In Corporate Law Reform, Francisco Reyes Dec 2015

The Colombian Simplified Corporation: An Empirical Analysis Of A Success Story In Corporate Law Reform, Francisco Reyes

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


The Natural Person, Legal Entity Or Juridical Person And Juridical Personality, Elvia Arcelia Quintana Adriano Dec 2015

The Natural Person, Legal Entity Or Juridical Person And Juridical Personality, Elvia Arcelia Quintana Adriano

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Justifications For Ucc Article 9’S Treatment Of Deposit Accounts: A Comparative Note, Catherine Walsh Dec 2015

Justifications For Ucc Article 9’S Treatment Of Deposit Accounts: A Comparative Note, Catherine Walsh

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


The Role Of Party Autonomy In The Enforcement Of Secured Creditor’S Rights: International Developments, Anna Veneziano Dec 2015

The Role Of Party Autonomy In The Enforcement Of Secured Creditor’S Rights: International Developments, Anna Veneziano

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Party Autonomy And Consumer Arbitration In Conflict: A “Trojan Horse” In The Access To Justice In The E.U. Adr-Directive 2013/11?, Norbert Reich Dec 2015

Party Autonomy And Consumer Arbitration In Conflict: A “Trojan Horse” In The Access To Justice In The E.U. Adr-Directive 2013/11?, Norbert Reich

Penn State Journal of Law & International Affairs (2012 - Present)

Arbitration clauses in consumer contracts have been subject to controversy in many jurisdictions; recent U.S. and Canadian Supreme Court case law have been used as examples. European Union (E.U.) law, which originally excluded arbitration in general from the Brussels/Rome regimes, has recently taken a mixed, and to some extent limited, approach by including Alternative Dispute Resolution (ADR) entities “imposing” a solution in its recent ADR Directive 2013/11. There seems to be an indirect encouragement to develop consumer arbitration schemes in E.U. Member States as a second route to justice. It is too early to evaluate this new and somewhat clandestine …


Lessons And Best Practices For Designers Of Fast Track, Low Value, High Volume Global E-Commerce Odr Systems, Louis F. Del Duca, Colin Rule, Brian Cressman Dec 2015

Lessons And Best Practices For Designers Of Fast Track, Low Value, High Volume Global E-Commerce Odr Systems, Louis F. Del Duca, Colin Rule, Brian Cressman

Penn State Journal of Law & International Affairs (2012 - Present)

The momentum behind development of global online fast track low value high volume dispute resolution (hereafter ODR) continues to accelerate. Consumer and business groups around the world are promoting fair, proportionate, effective, online, fast track redress for low value high volume cross border e-commerce disputes. As a result, there will continue to be increasing demand for a variety of effective ODR systems design and procedural rules. Best practices developed by entities like eBay and lessons learned from the work of UNCITRAL Working Group III can be helpful in developing framework models for fast track low value high volume e-commerce ODR …


Limits On Party Autonomy In International Commercial Arbitration, Giuditta Cordero-Moss Dec 2015

Limits On Party Autonomy In International Commercial Arbitration, Giuditta Cordero-Moss

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


An Institutional Approach To The Creation Of Innovation Ecosystems And The Role Of Law, Toshiyuki Kono, Kazuaki Kagami Dec 2015

An Institutional Approach To The Creation Of Innovation Ecosystems And The Role Of Law, Toshiyuki Kono, Kazuaki Kagami

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva Dec 2015

From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Aziz Case And Unfair Contract Terms In Mortgage Loan Agreements: Lessons To Be Learned In Spain, Immaculada Barral-Viñals Dec 2015

Aziz Case And Unfair Contract Terms In Mortgage Loan Agreements: Lessons To Be Learned In Spain, Immaculada Barral-Viñals

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Should Clauses Prohibiting Assignment Be Overridden By Statute?, Louise Gullifer Dec 2015

Should Clauses Prohibiting Assignment Be Overridden By Statute?, Louise Gullifer

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz Dec 2015

On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Foreword, Mary Hiscock, Hans-W. Micklitz Dec 2015

Foreword, Mary Hiscock, Hans-W. Micklitz

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Seventeenth Biennial Meeting Of The International Academy Of Commercial And Consumer Law Dec 2015

Seventeenth Biennial Meeting Of The International Academy Of Commercial And Consumer Law

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Foreword, Douglas Hodgson Dec 2015

Foreword, Douglas Hodgson

The University of Notre Dame Australia Law Review

No abstract provided.


Brookfield Multiplex Ltd V Owners Corporation Strata Plan 61288: More Certainty Concerning The Builder’S Duty Of Care For Economic Loss, Brittany Cherry Dec 2015

Brookfield Multiplex Ltd V Owners Corporation Strata Plan 61288: More Certainty Concerning The Builder’S Duty Of Care For Economic Loss, Brittany Cherry

The University of Notre Dame Australia Law Review

No abstract provided.


An Overview Of Health And Occupational Hazards Of Rural Women In Nigeria, Taiwo Grace Odeleye Dec 2015

An Overview Of Health And Occupational Hazards Of Rural Women In Nigeria, Taiwo Grace Odeleye

Journal of Rural Social Sciences

In Nigeria, few research studies have been documented on the health and occupational hazards of rural women with its implication on rural productivity. Women are often incapacitated by occupational hazards that interact with other causes of illness to produce a wide range of adverse outcomes. The increasing morbidity common among women has greatly impaired rural potential for optimum production. Hence, this review seeks to analyze health problems and occupational hazards of rural women resulting from their income generating activities. It also examined access and use of health care services. Primary data analyzed revealed reduced access to health care services, poverty, …


The Impact Of The Farmers' Market Nutrition Program On Participating Florida Farmers: A Research Note, Nicole Owens, Amy Donley Dec 2015

The Impact Of The Farmers' Market Nutrition Program On Participating Florida Farmers: A Research Note, Nicole Owens, Amy Donley

Journal of Rural Social Sciences

The Women, Infants and Children (WIC) Farmers’ Market Nutrition Program (FMNP) is a federally funded program designed to increase fresh fruit and vegetable consumption among WIC participants. Research to date has examined the effectiveness of this program in reaching that goal. The current study measures the impact this program is having on some farmers that participate in the program. Farmers are an overlooked group that not only must agree to participate for programs like this to be successful but also are often living below the poverty line as are their customers. Using survey data collected by the Florida Department of …


Judicial Activism And Arbitrary Control: A Critical Analysis Of Obergefell V Hodges 556 Us (2015) - The Us Supreme Court Same-Sex Marriage Case, Augusto Zimmermann Dec 2015

Judicial Activism And Arbitrary Control: A Critical Analysis Of Obergefell V Hodges 556 Us (2015) - The Us Supreme Court Same-Sex Marriage Case, Augusto Zimmermann

The University of Notre Dame Australia Law Review

This article critically analyses the recent US Supreme Court decision in Obergefell v Hodges, the samesex marriage case. The court in Obergefell put a stop to the democratic process by removing an important issue from the realm of democratic deliberation. These unelected judges held that their nation’s federal constitution should ‘evolve’ in a way that is supported by neither the document’s language, nor its history or authority. In short, they have imposed their worldview on the people at the expense of federalism and the democratic process. This is why Justice Alito was so correct to state that such an exercise …


Should ‘Public Reason’ Developed Under Us Establishment Clause Jurisprudence Apply To Australia?, Anthony K. Thompson Dec 2015

Should ‘Public Reason’ Developed Under Us Establishment Clause Jurisprudence Apply To Australia?, Anthony K. Thompson

The University of Notre Dame Australia Law Review

John Rawls’ idea of public reason holds that comprehensive doctrines including religion should not be allowed a voice in the public square. Such ideas prevent society achieving that ‘overlapping consensus’ which is said to be a requirement for enduring peace and progress. However, the suggestion that some ideas should be excluded from public debate is anti-democratic. This article reviews Rawls’ idea of public reason’ against its US legal context and suggests it was a response to US Supreme Court decisions concerning their First Amendment. Though our framers copied most of that clause into the Australian Constitution, the High Court has …


Extraterritorial Application And Customary Norm Assessment Of Non-Refoulement: The Legality Of Australia's 'Turn-Back' Policy, James Mansfield Dec 2015

Extraterritorial Application And Customary Norm Assessment Of Non-Refoulement: The Legality Of Australia's 'Turn-Back' Policy, James Mansfield

The University of Notre Dame Australia Law Review

This article considers whether the Commonwealth Government’s border protection policy of turning back asylum seeker boats breaches its international obligation not to refoule refugees, as imposed under the Refugee Convention art 33(1). In addressing this issue the article examines whether art 33(1) applies extraterritorially, and whether a similar obligation has become embedded in customary international law. The conclusions reached are applied to specific situations where Australia has returned refugees.


Implementasi Teori Komunikasi Sosial Budaya Dalam Pembangunan Integrasi Bangsa, Suranto Aw Dec 2015

Implementasi Teori Komunikasi Sosial Budaya Dalam Pembangunan Integrasi Bangsa, Suranto Aw

Informasi

Abstract
Development is a process that is carried out continuously in a region over time. Development leads the improvement of the lives and well-being, both in terms of material and nonmaterial. To Indonesia, the development process is a planned activity to achieve national goals as mandated in the 1945 Constitution, which among others, to promote the general welfare, united, sovereign, fair, and prosperous. Indicators of well-being are not just limited to the economic aspect and materialistic, but also concerning aspects of harmony, unity, and integration of national life in dignity characterized by solidarity excellence. So that it is needed to …