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2016

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Success Strategies Among Immigrant Small Business Owners In The Southeastern United States, Tony Nnabue Jan 2016

Success Strategies Among Immigrant Small Business Owners In The Southeastern United States, Tony Nnabue

Walden Dissertations and Doctoral Studies

Although considerable concern exists regarding immigrant businesses, few studies address immigrant small business owners' strategies for success and sustainability. The purpose of this phenomenological study was to explore the strategies that immigrant small business owners in metro Atlanta, Georgia can use to sustain their business beyond 5 years. Cultural theory formed the conceptual framework for this study. A purposeful sample of 20 immigrant small business owners in metro Atlanta provided the data garnered from semistructured interviews for this research study. Using open coding, and modified van Kaam analysis of the interview data, 5 themes emerged for immigrant small businesses that …


Osgoode Syllabus Of Courses And Seminars: 2016 - 2017, Office Of Student Services Jan 2016

Osgoode Syllabus Of Courses And Seminars: 2016 - 2017, Office Of Student Services

Syllabi

No abstract provided.


The Influence Of Normative Feedback And Expectancy Violation On Attitudes Related To Sexual Assault, Stephanie Chastang Jan 2016

The Influence Of Normative Feedback And Expectancy Violation On Attitudes Related To Sexual Assault, Stephanie Chastang

College of Graduate Studies: Theses & Dissertations

Sexual assault is a complex problem, and there is no set of best practices for sexual assault prevention and education programs. Social norms marketing and expectancy violations, however, have been proposed to be influential factors that may aid in increasing prosocial attitudes related to sexual assault. Therefore, the purpose of this study was to evaluate the potential effect of social norm feedback and expectancy violations on attitudes related to sexual assault and bystander intervention. Participants in the study included 244 undergraduate and graduate students who completed an experiment embedded in an online survey. Results indicated that there were no significant …


Exploring The Psychometric Properties Of The Acceptance Of Modern Myths About Sexual Aggression (Ammsa) Scale, Lisa C. Watson Jan 2016

Exploring The Psychometric Properties Of The Acceptance Of Modern Myths About Sexual Aggression (Ammsa) Scale, Lisa C. Watson

College of Graduate Studies: Theses & Dissertations

College-aged women are within the highest risk group of women (18 to 25 years old) to experience sexual assault. Nineteen percent of college women report experiencing attempted or completed sexual assault during their four years of college (Krebs, Linquist, Warner, Fisher, & Martin, 2009). It is estimated that 20 to 25% of college women will experience an attempted or completed sexual assault during college (American College Health Association, 2008). The primary sexual assault prevention method on college campuses has been in the form of education (Centers for Disease Control and Prevention, 2004) with an …


Team Training In Safety And Security Via Simulation : A Practical Dimension Of Maritime Education And Training, Michael Baldauf, Dimitrios Dalaklis, Aditi Kataria Jan 2016

Team Training In Safety And Security Via Simulation : A Practical Dimension Of Maritime Education And Training, Michael Baldauf, Dimitrios Dalaklis, Aditi Kataria

Conference Papers

In the rather extended maritime domain, a term that should be the epicentre of any successful careerbuilding path is tailor-made training via cutting-edge simulators. To cut a long story short, the breadth of operations on the various types of ships has expanded to such a large extent that extensive practical training drills are becoming a compelling need to contribute to competent seafarers. This type of training can guarantee the positive outcome in their decision-making process and help the seafarers often being under continuous pressure, to suitably respond to the various safety and security threats on-board a vessel. The several conventions …


Lawyers' Empire And The Great Transformation, Douglas C. Harris Jan 2016

Lawyers' Empire And The Great Transformation, Douglas C. Harris

All Faculty Publications

Writing through the years of World War II and attempting to understand its horrors, the carnage of World War I, the great depression, and the rise of communist and fascist regimes, Karl Polanyi posited that Western Europe had undergone The Great Transformation through the nineteenth century. Built around policies of economic liberalism and the gospel of the self-regulating market, this transformation had produced a century of unparalleled peace and material wealth in Europe, but the unmooring of the market from other social forces, and the remaking of land and labour as commodities, would unleash, when the buttressing pillars faltered, the …


Experiences Of Victimization And Health Care Access Among Non-Metropolitan Lgbtq+ Individuals, Ashley-Ann Marcotte Jan 2016

Experiences Of Victimization And Health Care Access Among Non-Metropolitan Lgbtq+ Individuals, Ashley-Ann Marcotte

Theses and Dissertations (Comprehensive)

Lesbian, gay, bisexual, trans, and queer (LGBTQ+) individuals report substantial rates of violence, discrimination, and negative life events due to homophobia and transphobia and these experiences impact access to health care services and programs (Bauer et al, 2009; Grant, Mottet, Tanis, Harrison, & Keisling, 2010) These experiences result in LGBTQ+ communities needing services, programs, and social supports to provide safer spaces. Although it is well recognized that health care services are not a major determinant of health outcomes and yet use more than 60% of health spending (Canadian Institute for Health Information, 2014; Muzyka, Hodgson, & Prada, 2012). As such, …


Suitability Of The Underlying Theories Of Zealous Advocacy In Ensuring Justice: Laying The Ground To Look Beyond The Zealous Advocacy, Liton Chandra Biswas Jan 2016

Suitability Of The Underlying Theories Of Zealous Advocacy In Ensuring Justice: Laying The Ground To Look Beyond The Zealous Advocacy, Liton Chandra Biswas

North Dakota Law Review

No abstract provided.


Technology Competence: The New Ethical Mandate For North Dakota Lawyers And The Practice Of Law, Tracy Vigness Kolb Jan 2016

Technology Competence: The New Ethical Mandate For North Dakota Lawyers And The Practice Of Law, Tracy Vigness Kolb

North Dakota Law Review

No abstract provided.


Taxing Remote Sales In The Digital Age: A Global Perspective, Walter Hellerstein Jan 2016

Taxing Remote Sales In The Digital Age: A Global Perspective, Walter Hellerstein

American University Law Review

No abstract provided.


Graduate Survey, 2015-2016, Hart Career Center, Illinois Wesleyan University Jan 2016

Graduate Survey, 2015-2016, Hart Career Center, Illinois Wesleyan University

First Destination Survey

No abstract provided.


Ced After #Ows: From Community Economic Development To Anti-Authoritarian Community Counter-Institutions, Michael Haber Jan 2016

Ced After #Ows: From Community Economic Development To Anti-Authoritarian Community Counter-Institutions, Michael Haber

Hofstra Law Faculty Scholarship

Community Economic Development (“CED”) and community-based social justice non-profits more generally have been criticized by social justice lawyers, legal scholars, practitioners, and activists, who charge that these efforts too often overlook the structural drivers of inequality, strip social justice movements of their confrontational, activist politics, and fail to give community members meaningful control over their programs. Over the past decades, anti-authoritarian activists — perhaps most famously known through Occupy Wall Street — have developed new frameworks for social change movements based on philosophical commitments to horizontalism, autonomism, and prefigurative politics. Many anti-authoritarian activists have turned their attention to creating community-based …


Transactional Planning And Advice, Linda Galler, Michael B. Lang Jan 2016

Transactional Planning And Advice, Linda Galler, Michael B. Lang

Hofstra Law Faculty Scholarship

No abstract provided.


Regulating Collective Management Organisations By Competition: An Incomplete Answer To The Licensing Problem?, M Hviid, S Schroff, J Street Jan 2016

Regulating Collective Management Organisations By Competition: An Incomplete Answer To The Licensing Problem?, M Hviid, S Schroff, J Street

School of Law, Humanities and Social Sciences

While the three functions of Collective Management Organisations - to licence use, monitor use, and to collect and distribute the revenue - have traditionally been accepted as a progression towards a natural (national) monopoly, digital exploitation of music may no longer lead to such a fate. The European Commission has challenged the traditional structures through reforms that increase the degree of competition. This paper asks whether the reforms have had the desired effect and shows, through qualitative research, that at least regarding the streaming of music, competition has not delivered. Part of the reason for this may be that the …


State Legalization Of Marijuana As A “Diagonal Federalism” Problem, Brannon P. Denning Jan 2016

State Legalization Of Marijuana As A “Diagonal Federalism” Problem, Brannon P. Denning

FIU Law Review

No abstract provided.


Clinical Legal Education's Contribution To Building Constitutionalism And Democracy In South Africa: Past, Present, And Future, Peggy Maisel, Shaheda Mahomed, Meetali Jain Jan 2016

Clinical Legal Education's Contribution To Building Constitutionalism And Democracy In South Africa: Past, Present, And Future, Peggy Maisel, Shaheda Mahomed, Meetali Jain

Faculty Scholarship

Clinical Legal Education (“CLE”) courses were first introduced in South Africa nearly fifty years ago. Since then, their role has changed from addressing legal problems perpetrated by an oppressive system, to strengthening South Africa’s transition to democracy. The end of apartheid has been accompanied by a transition of focus from private law to public law. South Africa currently has seventeen public universities, each of which has a law faculty and a legal clinic. Many clinical programs’ missions are primarily dedicated to community service and providing access to justice.

Although CLE programs have undertaken some human rights and law reform work, …


Thoughts On American Legal Education: Past, Present And Future, Marc D. Falkoff Jan 2016

Thoughts On American Legal Education: Past, Present And Future, Marc D. Falkoff

Faculty Articles, Papers, and Other Scholarship

As a professor and administrator at a public law school, I have witnessed firsthand widespread changes in the legal market for our graduates, and I have observed how that transformation has affected how and what we teach our students. Some of the disruption in the legal market was undoubtedly hastened by the Great Recession. But the truth is that law firms had already turned to computer programs for document review, were increasingly relying on contract lawyers, and had begun outsourcing legal work to India and the Philippines well before the fall of Lehman Brothers in 2008. Moreover, innovations like Legal …


Brief For Legal Ethics And Labor Law Professors As Amici Curiae Supporting Appellants, Nat'l Fed'n Of Indep. Bus. V. Perez, Ruben J. Garcia Jan 2016

Brief For Legal Ethics And Labor Law Professors As Amici Curiae Supporting Appellants, Nat'l Fed'n Of Indep. Bus. V. Perez, Ruben J. Garcia

Court Briefs

No abstract provided.


Complying With The Hipaa Privacy Rule: Problems And Perspectives, Stacey A. Tovino Jan 2016

Complying With The Hipaa Privacy Rule: Problems And Perspectives, Stacey A. Tovino

Scholarly Works

Twenty years ago, President Clinton signed the Health Insurance Portability and Accountability Act of 1996 (HIPAA) into law. Over the past two decades, the federal Department of Health and Human Services (HHS) has published several sets of rules implementing the Administrative Simplification provisions within HIPAA as well as the Health Information Technology for Economic and Clinical (HITECH) Act within the American Recovery and Reinvestment Act (ARRA). These rules include a final rule governing the use and disclosure of protected health information by covered entities and their business associates (Privacy Rule).

This Article addresses the question of what it means for …


External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia Jan 2016

External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia

Articles by Maurer Faculty

This Review examines the influence of foreign legal actors on jurisdictions that are not their own. Rachel Stern, a scholar of China, reflects on this point in her groundbreaking book published in 2013. In her penultimate chapter, Stern discusses how such foreign legal actors wield influence in China because of their presence on the ground. Building off of Stern's research, this Review proceeds to ask whether foreign legal actors can influence a domestic environment when that environment prohibits them from permanently working there. The analysis below will suggest so, arguing that the forces of globalization can enable foreign legal …


Writing For A Mind At Work: Appellate Advocacy And The Science Of Digital Reading, Mary Beth Beazley Jan 2016

Writing For A Mind At Work: Appellate Advocacy And The Science Of Digital Reading, Mary Beth Beazley

Scholarly Works

Professor Beazley explores the future implications to appellate advocacy as we move into the digital age. Understanding how that digital world affects legal reading is vital to understanding the future of appellate advocacy. Lawyers need to understand some of the science of how people read and interact with the written word; unfortunately, we have been slow to grasp the importance of this science. She defines and explains the concepts of "Active Readers" and "Knowledge Work." She then addresses some of the issues that arise as active readers transition from paper to digital platforms. Professor Beazley concludes by describing some of …


Braking The Rules: Why State Courts Should Not Replicate Amendments To The Federal Rules Of Civil Procedure, Stephen N. Subrin, Thomas O. Main Jan 2016

Braking The Rules: Why State Courts Should Not Replicate Amendments To The Federal Rules Of Civil Procedure, Stephen N. Subrin, Thomas O. Main

Scholarly Works

We have criticized the amendments to the Federal Rules of Civil Procedure since the 1980s and the procedural changes made by United States Supreme Court decisions during the same period. These amendments and changes, even if subtle and incremental, launched a new era—the Fourth Era in the grand history of American civil procedure. In this era, tragically, litigation is often perceived as a nuisance, trials are a mistake, and judicial case management is a catholicon. In this Article, we turn our attention to state court procedure. States could follow their federal counterparts; indeed, the pursuit of uniformity can be instinctive. …


How Should A Judge Be: In Defense Of The Judge As Ceo, David Lat, Stephanie S. Estey Jan 2016

How Should A Judge Be: In Defense Of The Judge As Ceo, David Lat, Stephanie S. Estey

Vanderbilt Law Review

No abstract provided.


Reentering Survivors: Invisible At The Intersection Of The Criminal Legal System And The Domestic Violence Movement, Courtney Cross Jan 2016

Reentering Survivors: Invisible At The Intersection Of The Criminal Legal System And The Domestic Violence Movement, Courtney Cross

Scholarly Works

Like all returning citizens, women coming home after incarceration face significant challenges to successful reentry. In addition to the collateral consequences of their criminal convictions, reentering women also encounter uniquely gendered obstacles. This Article explores one such obstacle: the relationship between women's reentry and domestic violence. Women on probation or parole who are also experiencing domestic violence too often fall into a blind spot in which the structure of community supervision pressures them to remain in unsafe homes and also punishes them when the abuse they endure interferes with their ability to comply with the conditions of their release. Because …


Black And Green: How Disinvestment, Displacement And Segregation Created The Conditions For Eco-Gentrification In Portland's Albina District, 1940-2015, Carter William Ause Jan 2016

Black And Green: How Disinvestment, Displacement And Segregation Created The Conditions For Eco-Gentrification In Portland's Albina District, 1940-2015, Carter William Ause

University Honors Theses

The historically African-American Albina District of Portland, Oregon holds a long track record of neighborhood neglect, devaluation and displacement of poor residents by private real estate companies and city government. Devaluation in the area was the direct result of discriminatory real estate policies and mid-20th Century urban renewal projects. Starting in the 1990s, the city passed revitalization measures to increase private investment in the neighborhood and few historians have tackled studies of recent sustainability-oriented gentrification resulting from revitalization. Though contemporary works in urban studies at Portland State University have looked at revitalization and subsequent ecological gentrification in the area, the …


The End(S) Of Legal Education, Frank H. Wu Jan 2016

The End(S) Of Legal Education, Frank H. Wu

Faculty Scholarship

Legal education is in jeopardy. There is no longer sufficient demand for the juris doctor degree from prospective students; the supply of seats exceeds the number of applicants possessing the credentials that have until recently been preferred by each respective institution. As a consequence, schools have had to implement “tuition discounting” at unprecedented levels even to enroll fewer individuals who are less qualified by conventional predictors. Meanwhile, the mainstream press, with encouragement from the organized bar, has excoriated the legal academy for its failures, whether real or perceived. These critics have wondered about the “return on investment.”


Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner Jan 2016

Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner

Faculty Scholarship

No abstract provided.


Startups And Unmet Legal Needs, Alice Armitage, Evan Frondorf, Christopher Williams, Robin Feldman Jan 2016

Startups And Unmet Legal Needs, Alice Armitage, Evan Frondorf, Christopher Williams, Robin Feldman

Faculty Scholarship

No abstract provided.


Lawyers, Power, And Strategic Expertise, Colleen F. Shanahan, Anna Carpenter, Alyx Mark Jan 2016

Lawyers, Power, And Strategic Expertise, Colleen F. Shanahan, Anna Carpenter, Alyx Mark

Articles, Chapters in Books and Other Contributions to Scholarly Works

This empirical study analyzes what the parties and lawyers described above experience – a party’s power, representation, and the strategic expertise they bring to a dispute. These factors clarify how representation may solve the access to justice crisis for low-income Americans. We find that a representative helps most parties most of the time, but the representation on the other side of the dispute and the representative’s strategic expertise are also significant factors for understanding representation for civil litigants. This study analyzes a database of 1,700 unemployment insurance appeals in the District of Columbia over a two-year period, the broadest and …


Can A Little Representation Be A Dangerous Thing?, Colleen F. Shanahan, Anna E. Carpenter, Alyx Mark Jan 2016

Can A Little Representation Be A Dangerous Thing?, Colleen F. Shanahan, Anna E. Carpenter, Alyx Mark

Articles, Chapters in Books and Other Contributions to Scholarly Works

Access to justice interventions that provide a little representation, including nonlawyer representation and various forms of limited legal services, may be valuable solutions for low- and middle-income Americans. However, a thoughtful approach to improving access to justice efforts should recognize that a little representation may have risks. In particular, one potential risk of a little representation is that while it provides assistance with a discrete legal need in a specific moment, the nature of the assistance is incompatible with challenging the law. As a result, individual litigants do not have the benefit of legal challenges in their own cases, and …