Digital Commons Network^™

The Rules Of The (Belt And) Road: How Lawyers Participate In China's Outbound Investment And Infrastructure Initiatives, Lawrence J. Liu

Scholarship@WashULaw

This article provides a bottom-up view of China’s Belt and Road Initiative (BRI) though an empirical examination of how and why domestic lawyers are engaged in BRI investment and infrastructure projects. Drawing on an original dataset of biographical information of, and eleven semi-structured interviews with, lawyers identified by the state as “BRI and Cross-Border Legal Experts,” I examine these lawyers’ demographic characteristics, the knowledge they rely upon in their work, and their motivations. I find that China’s BRI lawyers work and speak in ways similar to cross-border lawyers from countries like the United States. At the same time, these state-adjacent …

State-Adjacent Professionals: How Chinese Lawyers Participate In Political Life, Lawrence J. Liu, Rachel E. Stern

Scholarship@WashULaw

This article complicates the conventional wisdom that Chinese lawyers are either politically liberal activists or apolitical hired guns by training our attention on the group of lawyers who choose to stand adjacent to the state and participate in governance. Through an examination of how and why winners of the state-sanctioned Outstanding Lawyer Award participate in politics, we illustrate how state-adjacent lawyers provide the state with information and persuade others to behave in ways the state considers appropriate. Although proximity to power affords some social and professional benefits, award winners are also motivated by a commitment to improving Chinese society. By …

Experiential Leadership: Teaching Collaboration Through A Shared Leadership Model, Paul Radvany

Faculty Scholarship

No abstract provided.

What Accounts For The Variation Of Immigration Policies In Western Democracies Since 9/11?, Hayley Mcelroy

Williams Honors College, Honors Research Projects

From the aftermath of the 9/11 terrorist attacks to now, there has been a dramatic change of immigration policies among Western Democracies. This comparative paper will measure the change of refugee acceptance rates and will discover the reasons for these variations. Immigration has become a major issue in the United States as well as in other Western democracies. Even though most of these democracies are located in similar geographic areas and have similar cultures, they all have different approaches when it comes to accepting immigrants and refugees. Furthermore, this paper will analyze the policies of the United States, the United …

The Political Imagination: Introduction To American Government, Peter Kolozi, James E. Freeman

Open Educational Resources

The Political Imagination: Introduction to American Government provides realistic, critical analysis as well as a hopeful, engagement-oriented narrative that encourages students to understand the important role they can play in the political system and in crafting a society in which they want to live. The Political Imagination draws on social and political theory and history offering an analytical as well as normative framework to think about the substance of politics, the procedures and institutions of government, and a dynamic, socially contingent definition of political power.

A Tribute To An Institution Builder And Leader In Global Legal Education, Michael P. Scharf

Case Western Reserve Law Review

No abstract provided.

Critical Legal Power For Twenty-First Century Change, Martha T. Mccluskey

Contributions to Books

Published in Voices on Law and Activism: Addressing The Work of Adam Gearey, Maria Grahn-Farley, ed.

The Proposed Rules On Advertising And Solicitation, Vincent R. Johnson

Faculty Articles

This article addresses the rule proposal appearing as ballot item E for the State Bar of Texas rules vote February 2 to March 4, 2021. The proposed rules dealing with lawyer advertising and solicitation seek to clarify, simplify, and modernize this area of the law, while nevertheless continuing to endorse principles and practices that have proved to be sound.

Rodrigo's Reappraisal, Richard Delgado, Jean Stefancic

Articles

No abstract provided.

Let The Sunshine In: Floridian Felons And The Franchise, Joshua H. Winograd

University of Florida Journal of Law & Public Policy

No abstract provided.

Blockchain Technology And Its Applications Across Multiple Domains: A Survey, Wajde Baiod, Janet Light, Aniket Mahanti

Journal of International Technology and Information Management

Blockchain technology has become an active area of research and a technological option for many businesses and industrial communities. With its distributed, decentralized, and trustless nature, blockchain can provide businesses with new opportunities and benefits through increased efficiency, reduced costs, enhanced integrity and transparency, better security, and improved traceability. Although blockchain’s largest applications have been in the finance and banking sector, we now see experiments and proposed applications in different fields. This paper provides an overview of blockchain technology; it brings together all the key design features, characteristics, and benefits of blockchain that make it a superior and unique technology, …

Establishing A Peer Supported Second Victim Program For Healthcare Providers: Team Heal, Renee N. Rathbun

Yale School of Nursing Digital Theses

Medical errors and adverse events in healthcare resulting in serious patient harm have a substantial impact on patients, families, healthcare providers, and healthcare organizations (Coughlan, Powell and Higgins 2017, Dukhanin et al., 2018). When adverse events occur, the patient and often family members are the “first victims.” However, less attention is given to the healthcare providers known as the “second victims.” Involvement in adverse events leading to patient injury can leave healthcare providers traumatized with emotional distress. Healthcare professionals frequently suffer in silence, experiencing feelings of anxiety, fear, anger, depression, guilt, isolation, and shame (Edrees et al., 2016a). Although the …

The Dysfunctional Criminalization Of Family Violence, Andrea L. Dennis

Scholarly Works

Legal responses to elder, child and intimate partner abuse have developed along similar tracks from civil and regulatory to criminal, employed much of the same mechanisms, and shifted power from victims to law enforcement officers and prosecutors. The siloed evolutionary process leading to the criminalization of the se behaviors has not significantly resolved the problems and criticisms of the behavior. Indeed, thirty years ago, Peter Edelman critiqued the government's role in remediating child abuse and domestic violence. In particular Edelman identified three issues: (1) the failure to recognize the inter-relatedness of different types of family violence; (2) the lack of …

Specialty Bar Associations And The Marketing Of Ethics: The Example Of The Academy Of Adoption Attorneys, Malinda L. Seymore

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Supporting Instructors To Promote At-Promise Students’ Success: How Faculty Coordinators Facilitate Tslc’S Ecological Validation, Jonathan Toccoli

University of the Pacific Theses and Dissertations

Despite decades of research and billions of dollars spent per annum to promote at-promise student—that is, low-income, first-generation, and/or racially/ethnically minoritized students—college success, at-promise students continue to be retained and graduate at lower rates than their traditionally college-going peers. The purpose of this study is to investigate how faculty coordinators in the Thompson Scholars Learning Community (TSLC) facilitate and integrate instructors into the program’s ecological validation which has been found to promote at-promise student success. This study is framed by the ecological validation model of student success in conjunction with a systems theory perspective of faculty roles to investigate how …

Worker Voice And Corporate Governance: Putting Words Into Actions, Thomas A. Kochan

Vanderbilt Law School Faculty Publications

Two decades ago, Margaret Blair and I edited a book focused on governance of modern corporations. At the time it was evident that the dominant paradigm governing corporate governance and behavior centered on maximizing shareholder value. This was a shift in practice that began in the 1980s and was endorsed in 1997 by the Business Roundtable, when it recanted on its 1990 statement that supported a broader stakeholder view of corporate responsibilities.

The effects of the shift from a stakeholder- to a shareholder-maximizing set of practices have been devastating for American workers and the overall economy. It reinforced and accelerated …

How And Why Did It Go So Wrong?: Theranos As A Legal Ethics Case Study, G. S. Hans

Vanderbilt Law School Faculty Publications

The Theranos saga encompasses many discrete areas of law. Reporting on Theranos, most notably John Carreyrou's Bad Blood, highlights the questionable ethical decisions that many of the attorneys involved made. The lessons attorneys and law students can learn from Bad Blood are highly complex. The Theranos story touches on multiple areas of professional responsibility, including competence, diligence, candor, conflicts, and liability. Thus, Theranos serves as a helpful tool to explore the limits of ethical lawyering for Professional Responsibility students. This Article discusses the author's experience with using Bad Blood as an extended case study in a new course on Legal …

Natural Resource Curse, Economic Freedom, Economic Growth And Development: Case Of Africa, Oluwatomisin Shalom Akinbo

Dissertations, Master's Theses and Master's Reports

Over the years, there has been discord or lack of agreement on the effect that natural resources have on economic growth and development. This study adopts output approach to investigate the effect that natural resources and institutions (Economic Freedom) have on economic growth for the period of 1960 to 2020 using World Bank data. The analysis employs Multiple Regression Analysis based on augmented Ordinary Least Squares Regression methods. The results are mixed, as the outcome indicates that, while natural resources are positively related to economic growth, there exists a crowding out effect between natural resources and two sectors of the …

Trademarks In Conversation: Assessing Genericism After Booking.Com, Laura A. Heymann

Faculty Publications

It is a fundamental principle of U.S. trademark law that to serve as a trademark, a word or phrase must “indicate the source” of the goods or services with which it is associated and, conversely, that a term that is understood to be the common name of a good or service is “generic” and cannot be protected as a trademark. Yet it still seems difficult to determine exactly what each concept means, particularly when the actual “source” of any goods or services might be opaque to consumers.

In part, this difficulty comes from the fact that status as a trademark …

Annie Oakley Enterprises V. Amazon.Com, Southern District Of Indiana

Historical and Topical Legal Documents

No abstract provided.

Zooming Into The Future Of Skills-Based Teaching, Paige L. Wilson, Evan Daryl Walton, Michael Murphy, Emily Bucholz

Publications

No abstract provided.

Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter

Publications

As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants, without regard …

Development Of An Unorthodox Support Model To Mentor Undocumented Immigrant Students, Keisha Chin Goosby

Journal of College Access

This article addresses the need to better understand impactful mentoring models for undocumented immigrant students (UIS). Based on interviews of 18 mentors of UIS who were college graduates, findings include diverse effective mentoring models, specific mentoring styles and strategies, how mentors identified and leveraged the community cultural wealth of UIS, and the forms of support that mentors used which highlight an unorthodox approach to mentoring UIS. A new model for mentoring UIS is presented with a framework on how to engage in new research. Recommendations are provided for schools, districts, colleges, and universities.

The Primary Care Provider’S Role In Screening And Intervening In The Human Trafficking Of Adolescents: A Systematic Literature Review, Brittany Schmid

All Graduate Theses, Dissertations, and Other Capstone Projects

Human trafficking (HT) is a growing concern within the United States (U.S.) and internationally. With the alarming number of HT victims presenting for medical care, primary care providers (PCPs) are in a unique and privileged position to encounter HT victims within the healthcare system. Adolescents, in particular, are vulnerable to HT because of minimal life experiences, inadequate social support, and limited coping mechanisms (Ertl et al., 2020). Failure to recognize and intervene in cases involving HT victims who are minors is detrimental to the individual’s health, wellbeing, and safety. With the assistance of education and training, community resources, guideline adoption, …

Power And Possibility In The Era Of Right To Counsel, Robust Rent Laws & Covid-19, Erica Braudy, Kim Hawkins

Articles & Chapters

New York City (NYC) finds itself in an unprecedented housing crisis as the coronavirus (COVID-19) pandemic reveals with devastating force that safe, sustainable and affordable housing is both a human right and a public health necessity. The profound humanitarian and economic devastation of COVID-19 puts millions of New Yorkers at risk of eviction especially those within Black and Latinx communities. In addition, the pandemic hit just as the legal landscape for tenants was transformed through landmark legislation ensuring the Right to Counsel in eviction proceedings and sweeping reforms of New York's rent laws. The unparalleled COVID-19 pandemic, the influx of …

Foreign Direct Investment And The Roles Of Multinational Entreprise, Belay Mekuria Tessema

Walden Dissertations and Doctoral Studies

AbstractSub-Saharan Africa (SSA) countries experienced successive declines in foreign direct investment (FDI) flows in the textile and apparel manufacturing sector because of a range of macro and micro factors. Leaders of textile and garment organizations who fail to increase FDI are at risk of failure. Grounded in eclectic theory (OLI paradigm), the purpose of this qualitative single case study was to explore strategies leaders of textile and garment organizations use to increase FDI for enabling business profitability and growth. The participants comprised four senior leaders from one textile and garment organization in Hawassa, Ethiopia, who effectively implemented strategies to increase …

Compassion Fatigue And Intersectionality In Human Service Practitioners: Latina Low-Wage-Earners Fighting Poverty, Marlo Greponne

Walden Dissertations and Doctoral Studies

Compassion fatigue, secondary traumatic stress, and vicarious trauma among professionals are well-documented within clinical settings. Human service practitioners working directly with people experiencing poverty and trauma, hunger, homelessness, victimization, and depression are considered at risk of experiencing compassion fatigue. Latina low-wage-earners may suffer compassion fatigue when handling cases mirroring their personal experiences with poverty. The purpose of this descriptive single case study was to explore marginalized workers’ experiences with compassion fatigue using intersectionality to understand what Latina low-wage-earning human service practitioners’ experiences with compassion fatigue were and what coping strategies they developed while serving people experiencing poverty. An intersectional approach …

Phenomenological Study Of Fathers’ Parental Alienation Experiences, Jerry Dean Gibson

Walden Dissertations and Doctoral Studies

AbstractHigh-conflict divorce and resulting parental alienation (PA) impact both the children and the parent who has been the target of PA. This situation has been found to cause mental health issues and unhealthy coping skills in children. The purpose of this phenomenological study was to explore the lived experiences of nonresidential fathers who were alienated from their children in the context of a high-conflict separation or divorce. This study was rooted in Bowlby’s attachment theory. Data were collected from interviews with 10 adult participants. The software program Quirkos was used to review the data and discern thematic patterns and correlate …

The Reacculturation Of Veterans Post Transition Assistance Program, Kyle Alan Hanlan

Walden Dissertations and Doctoral Studies

As many as 61% of veterans have sought reintegration services after the Transition Assistance Program (TAP) to help them cope with culture shock. TAP is not designed to address cultural transition. However, culture shock has resulted in disassociating behavior, unemployment, and homelessness in the veteran community. The purpose of this study was to identify the unmet reacculturation needs of post-active duty veterans in Chester County, Pennsylvania, who have utilized the United States’ Department of Defense’s TAP. Using an ethnographic approach, this study identified the extent that the TAP helps 13 post-active duty veterans obtain the autonomy stage of culture shock …

A Study Of Public Awareness About The Threat Of Earthquakes, Mike Allen

Walden Dissertations and Doctoral Studies

Noticeably absent from the existing literature was a correlation study which would have gauged individual awareness for earthquakes. The literature search provided one quantifiable narrative that correlated college education with awareness about earthquakes; the study found that college graduates scored higher points on the awareness test for earthquakes than their counterparts who had no college education. The research question for this study examined the possible correlations between personal characteristics and awareness about earthquakes. A survey was developed and used to find hypothesized correlations between public awareness and a number of variables such as age, gender, education, income, and professional leadership. …