Digital Commons Network^™

Instream Flow Regulation: Plugging The Holes In Maine's Water Law, Bradford R. Bowman

Maine Law Review

States East of the Mississippi River have long relied on the traditional common law of riparian rights to manage their water resources. Towards the end of the Twentieth Century, rising demand for consumptive water use due to population growth, modern agricultural practices and industrialization began to conflict with environmental concerns. Throughout the East, states recognized the riparian doctrine's failure to provide a reliable means for allocating water during times of scarcity. In response, most of these states replaced common law water rights with regulatory water management systems. Maine is the only state that has not followed this trend. It is …

More Of The Same: Elitism And Exclusion At The Aals Annual Meeting, David E. Steinberg

Maine Law Review

At the Association of American Law Schools (AALS) meetings and in materials published by the Association, probably no one word appears more frequently than “diversity.” For example, the theme of the 2000 AALS Annual Meeting was A Recommitment to Diversity. In a 1986 essay titled Collegial Diversity, AALS President Susan Westerberg Prager wrote: “The different perspectives of our colleagues can illuminate other areas of research to give us new classroom direction.” And, in a 1996 statement on diversity adopted by the AALS Executive Committee, the committee stated that an objective of diversity was “to create an educational community—and ultimately a …

A Critical Analysis Of The Women's Constitutional And Legal Rights In Zimbabwe In Relation To The Convention Of The Elimination Of All Forms Of Discrimination Against Women, Amy S. Tsanga

Maine Law Review

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) comprehensively outlines the international standards on the rights of women that are to be pursued by State Parties to the Convention. Adopted by the General Assembly in 1979, it entered into force in 1981 and set the scene for a comprehensive approach to the human rights of women by State Parties that have ratified the Convention. The underlying spirit of the Convention is that discrimination against women violates principles of equality and respect for human dignity and presents obstacles to the advancement of women in the political, …

"The Exclusive Right To Their Writings": Copyright And Control In The Digital Age, Jane C. Ginsburg

Maine Law Review

The recent coincidence of new technology and new legislation in the United States may have enhanced the ability of U.S. copyright owners to wield electronic protective measures to control the exploitation of their works. The legislation, which reinforces the technology, has led many to perceive and to deplore a resulting imbalance between copyright owners and the copyright-using public. Critics assert that the goals of copyright law have never been, and should not now become, to grant “control” over works of authorship. Instead, copyright should accord certain limited rights over some kinds of exploitations. Economic incentives to create may be needed …

Rectifying The Tilt: Equality Lessons From Religion, Disability, Sexual Orientation, And Transgender, Chai R. Feldblum

Maine Law Review

The joy and the challenge of being located in an academic setting is that I am also able to engage in forays (albeit intermittent forays) into scholarly analysis. Delivering this lecture, and publishing this piece, provides an excellent opportunity for me to engage in such a foray. This piece, then, is a scholarly reflection on my advocacy experiences. My goal is to use my experiences in advocacy as fertile soil from which to create, I hope, a lovely flower of theory and conceptual thought. Before setting out on this endeavor, however, I would like to offer two postulates. There are …

Undergraduate Digital Research Showcase, Shelley Rose

Digital CSU

The DigitalCSU working group will host an Undergraduate Digital Project Showcase 10 am -1 pm on December 5, 2017 in the CPL Connection Lounge in Michael Schwartz Library. Projects include digital exhibits on protest events such as Bloody Sunday, Kent State, and Tahrir Square (http://csuhisppg.shelleyrose.org), public history stories on Cleveland Historical (https://clevelandhistorical.org/), and additional historical thinking projects Light refreshments will be served.

Caring For Workers, Martha T. Mccluskey

Maine Law Review

This essay examines the question of conflict between market work and family care from the angle of family caretaking labor for workers rather than for dependents. Feminist legal scholars and activists have been concerned for generations about the effect of women's unpaid caretaking work on women's participation and success in the wage labor market. Better public support for this gendered family care work is crucial to many leading visions of feminist legal and economic change. Recent welfare reforms, however, have increased the extent to which public policy treats caretaking instead as a personal responsibility (or a sign of personal irresponsibility) …

Caretaking And The Contradictions Of Contemporary Policy, Michael Selmi, Naomi Cahn

Maine Law Review

Contemporary social policy relating to women's employment remains strikingly ambivalent. Those in favor of traditional family structures, a position that is generally associated with conservative political agendas, have often expressed a preference for a family model that emphasizes the woman's role as a homemaker, or to use the more recent term, a caretaker. At the same time, as the 1996 Welfare Reform Act demonstrates, if the choice is between providing financial support that would enable lower-income women to stay in the home and forcing those women into the labor market, the conservative agenda will opt for the latter. More recently, …

Telecommuting: The Escher Stairway Of Work/Family Conflict, Michelle A. Travis

Maine Law Review

According to Working Mother magazine, telecommuting is a “wonderful arrangement for working moms.” Advertisements for telecommuting jobs and related technologies show us pictures of these happy telecommuting moms, who are conducting important business on the telephone or typing busily at their computers, as their smiling toddlers play quietly by their sides or sit contentedly in their laps. Some employers have offered this wonderful experience in direct response to concerns raised by “women's issues” committees. That was probably just what Jack Nilles had in mind when he first coined the term “telecommuting” in the 1970s and described it as a way …

Job Segregation, Gender Blindness, And Employee Agency, Tracy E. Higgins

Maine Law Review

Almost forty years after the enactment of Title VII, women's struggle for equality in the workplace continues. Although Title VII was intended to “break[] down old patterns of segregation and hierarchy,” the American workplace remains largely gender-segregated. Indeed, more than one-third of all women workers are employed in occupations in which the percentage of women exceeds 80%. Even in disciplines in which women have made gains, top status (and top paying) jobs remain male-dominated while the lower status jobs are filled by women. This pattern of gender segregation, in turn, accounts for a substantial part of the persistent wage gap …

The Miseducation Of Welfare Reform: Denying The Promise Of Postsecondary Education, Rebekah J. Smith, Luisa S. Deprez, Sandra S. Butler

Maine Law Review

When Congress enacted “welfare reform” in 1996, decades of progress in assisting low-income mothers obtain a college education in order to escape poverty was nearly eradicated. The federal welfare reform law strongly discouraged states from incorporating postsecondary education into their welfare reform programs and focused instead on “work-first” policies. As a direct result, hundreds of thousands of low-income mothers across the country were forced to drop out of college and find jobs in order to comply with strict “work-first” welfare rules. Despite the pressure imposed by the federal law, the State of Maine persevered in its effort to make college …

An Essay On The Production Of Youth Prostitution, Libby Alder

Maine Law Review

Youth prostitution is more multidimensional than I think most of us are prone to admit. This essay is designed to raise the profile of some of its less prominent aspects—aspects which are not unknown exactly, but which are underrecognized and generally ignored in the context of legal analysis. The phenomenon of youth prostitution involves some thorny, sometimes confusing, issues, but those issues are eclipsed by an ideology that fails to grapple with the complexity of youth agency and the consequent position of youth in law. The result is that some kids are left inadequately served and others are utterly unknowable. …

Lessons From The Fields: Female Farmworkers And The Law, Maria L. Ontiveros

Maine Law Review

In both the fields of labor law and gender studies, we learn the most from experience. The experience of workers coming together to demand equality and respect and the experience of women coming together to share their experiences has led to most of what we study in these fields. Unfortunately, too many times traditional legal doctrine does not fit these experiences. In those cases, we must struggle to change the law to be responsive to the lived experiences of women and workers. This Article explores the lived experiences of one particular group of workers—immigrant farmworking women in California. From their …

Gender Typing In Stereo: The Transgender Dilemma In Employment Discrimination, Richard F. Storrow

Maine Law Review

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination against men because they are men and against women because they are women. This familiar characterization of the Act has been quoted in dozens of sex discrimination cases to support a narrow view of who is protected against sex discrimination in this country. When transsexuals file suit, “[e]mployment discrimination jurisprudence at both the federal and state levels ... captures transsexuals in a discourse of exclusion from social participation. This wide net, using a remarkably refined system of semantic manipulations, snags all claims launched by transsexuals and reveals …

Congressional Power To Regulate Sex Discrimination: The Effect Of The Supreme Court's "New Federalism", Calvin Massey

Maine Law Review

Congressional power to prevent and remedy sex discrimination in employment has been founded almost entirely upon the commerce power and Section 5 of the Fourteenth Amendment, which gives Congress power “to enforce, by appropriate legislation” the equal protection guarantee. The commerce power has enabled Congress to prohibit private sex discrimination in employment, and the combination of the commerce and enforcement powers has enabled Congress to prohibit such sex discrimination by public employers. From the late 1930s until the early 1990s the doctrinal architecture of these powers was relatively stable, even if statutory action to realize the promise of a nondiscriminatory …

The Unenforced Promise Of Equal Pay Acts: A National Problem And Possible Solution From Maine, Elizabeth J. Wyman Esq.

Maine Law Review

Equal pay for women is a concept that has been around for a long time. It was during World War I that women were first guaranteed pay equity in the form of regulations enforced by the War Labor Board of 1918. The Board's equal pay policy required manufacturers, who put women on the payroll while male employees were serving in the military, to pay those women the same wages that were paid to the men. The National War Labor Board continued that trend through World War II. Shortly after the war, states began enacting statutes that required employers to pay …

Keynote Address: The Difference "Difference" Makes, Deborah L. Rhode

Maine Law Review

Over the last two decades, we have witnessed a transformation for women in law, but not a transformation in leadership positions. Almost 30% of lawyers are women, but they represent only about 15% of federal judges and law firm partners, and about 10% of law school deans and general counsel positions at Fortune 500 companies. The same patterns are apparent in other leadership sectors, such as management and politics. Women are half the electorate but only 15% of Congress and 6% of state governors. They account for about half of managers but only 1% of the Chief Executive Officers of …

Foreword: Law, Labor And Gender, Jennifer B. Wriggins

Maine Law Review

The theme of the conference, Law, Labor, & Gender, came out of a working group comprised of law students, lawyers, a judge, and myself. We thought that a number of issues deserved attention, ranging from current jurisprudence on employment discrimination to more theoretical issues having to do with work/family dilemmas. Professor Deborah Rhode kindly accepted our invitation to be the keynote speaker, and various other academic speakers also agreed to present papers. The working group, and the editors of the Maine Law Review, drafted and sent out a call for papers to approximately 1600 law professors and others. The Law …

Proactive Hiv Testing Among Youth, Oluwamuyiwa Winifred Adebayo

Open Access Dissertations

HIV testing is used to identify people at risk for HIV infection, or those who are infected, and provide linkage to appropriate care that will decrease HIV risk or manage HIV infection. However, youth have low rates of HIV testing and participate in testing mainly due to recommendations from healthcare providers. The purpose of this dissertation was to explore the factors that influence proactive HIV testing among youth and how these factors are related to the decision to test for HIV infection. The Information Motivation Behavior (IMB) model, and the Ottawa Decision Support Framework (ODSF) were used to guide the …

Optimizing Production Schedule With Energy Consumption And Demand Charges In Parallel Machine Setting, Farnaz Ghazi Nezami, Mojtaba Heydar, Regina Berretta

Industrial & Manufacturing Engineering Presentations And Conference Materials

Environmental sustainability concerns, along with the growing need for electricity and associated costs, make energy-cost reduction an inevitable decision-making criterion in production scheduling. In this research, we study the problem of production scheduling on nonidentical parallel machines with machine-dependent processing times and known job release dates to minimize total completion time and energy costs. The energy costs in this study include demand and consumption charges. We present a mixed-integer nonlinear model to formulate the problem. The model is then linearized and its performance is tested through numerical experiments.

Cseas Weekly Bulletin (December 5, 2017), Center For Southeast Asian Studies

CSEAS Bulletin

No abstract provided.

Warm Smiles, Soft Chairs: A Testament To The Power Of Ambience, Cari Phillips

Tutor's Column

In this paper I discuss the effects of positive ambience within a writing center environment. Effective writing centers encourage student relaxation through positive tutor affect, soothing nature-based decor, and organization that promotes low power-distance. The use of open, friendly attitudes, warm colors, and breathing room allow writing center attendees to relax. As a result, attendees of this kind of writing center are more effective, engaged, and motivated to dig deep while pursuing the writing process. Combining research with personal experience, I relate an effective writing center to a positive classroom learning environment, comparing the effects of various methods of classroom/center …

Sequestration And The Engagement Of Developing Economies In A Global Carbon Market, Reza Oladi, Arthur J. Caplan, John Gilbert

Applied Economics Faculty Publications

We develop a differential game within a general equilibrium framework of carbon sequestration with and without international trade. We characterize the game's equilibrium and demonstrate how a global carbon permit market can be structured to induce the participation of developing countries through the harnessing of their potential to sequester carbon. We show that a permit market with carbon sequestration is mutually welfare improving for developed and developing nations, and that international trade in finished goods and carbon permits lowers the stock of global pollution.

Financial Synergies And Systemic Risk In The Organization Of Bank Afþliates, Elisa Luciano, Clas Wihlborg

Business Faculty Articles and Research

We analyze theoretically banks’ choice of organizational structures in branches, subsidiaries or stand-alone banks, in the presence of public bailouts and default costs. These structures are characterized by different arrangements for internal rescue of affiliates against default. The cost of debt and leverage are endogenous. For moderate bailout probabilities, subsidiary structures, wherein the two entities provide mutual internal rescue under limited liability, have the highest group value, but also the highest risk taking as measured by leverage and expected loss. We explore the effect of constraints on leverage and policy implications. The conflict of interests between regulators, who minimize systemic …

Spartan Daily, December 5, 2017, San Jose State University, School Of Journalism And Mass Communications

Spartan Daily, 2017

Volume 149, Issue 42

A Minute Too Late, Camille Rasband

Tutor's Column

Time management is a tool that everyone should learn to use. Tutors must manage time in the tutoring center for a successful session as well as in their everyday life. When tutoring sessions are rushed because time isn’t watched, there are many consequences. Relationships built between students and tutors are damaged, anxiety begins to build up, and an overall feeling of complete exhaustion begins to rule our bodies. It begins affecting individual lifestyles in and out of the workplace. It creates extreme stress levels which can impair abilities to control our emotions. There are several tactics we can turn to …

Stable And Integrated Housing For America's Working Poor, University Of Michigan Law School

Event Materials

A program for the December 2017 Problem Solving Initiative at the University of Michigan Law School on the topic of affordable housing in Detroit.

Working as a group, students were tasked with designing a comprehensive plan to tackle the crisis in affordable housing in Detroit, addressing, as appropriate, issues of law, policy, public health, urban planning, financing, and other matters.

Post Cards Collection, Aubrey Squires

USU Student Folklore Fieldwork

The picture on the left is of three post cards sent to James’s distant family members from unknown places in Germany. These cards are stored in a large scrapbook. The second picture is of the front cover of the scrapbook. All the post cards are stored in this book.

Pirls 2016: Reporting Australia's Results, Sue Thomson, Kylie Hillman, Marina Schmid, Sima Rodrigues, Jessica Fullarton

Progress in International Reading Literacy Study (PIRLS)

The Progress in International Reading Literacy Study (PIRLS) is an international comparative study of student achievement directed by the International Association for the Evaluation of Educational Achievement (IEA). PIRLS 2016 represents the fourth such study since PIRLS was first conducted in 2001. Australia has participated in the two most recent cycles – PIRLS 2011 and 2016. In Australia, PIRLS is managed by the Australian Council for Educational Research (ACER) and is jointly funded by the Australian Government and the state and territory governments. The goal of PIRLS is to provide the best policy-relevant information about how to improve teaching and …

Usu Professor Elected To American Institute For Medical And Biological Engineering College Of Fellows | College Of Engineering, Usu College Of Engineering

College of Engineering News

Utah State University Professor of Biological Engineering Dr. Ron Sims was elected this week to the College of Fellows of the American Institute for Medical and Biological Engineering, or AIMBE.