Digital Commons Network^™

Attorney General Bradford’S Opinion And The Alien Tort Statute, Curtis A. Bradley

Faculty Scholarship

In debates over the scope of the Alien Tort Statute (ATS), one historical document has played an especially prominent role. This document is a short opinion by U.S. Attorney General William Bradford, issued in the summer of 1795, concerning the involvement of U.S. citizens in an attack by a French fleet on a British colony in Sierra Leone. Numerous academic articles, judicial opinions, and litigation briefs have invoked the Bradford opinion, for a variety of propositions, and the opinion was discussed by both sides in the oral argument before the Supreme Court in the first hearing in the pending ATS …

Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel Ryan Kosloskey

West Virginia Law Review

No abstract provided.

Droughtscape, Winter 2012, National Drought Mitigation Center

DroughtScape: Quarterly Newsletter of the National Drought Mitigation Center (2007–2023)

Drought Planning for Kansas Ranchers Jan. 21

South Hoping La Niña Dryness Stays Away

2011 Brought Record-Breaking Extent of D4

Reported Impacts Ease as Growing Season Ends

Disaster Planning in Nanjing at Hohai U

Ag, Fire and Water Supply Topped 2011 Impacts

Corporate Governance: The Swedish Solution, George W. Dent

Faculty Publications

Sweden has changed its corporate governance system by delegating the nomination of corporate directors (and thus, in effect, ultimate control) to committees typically comprising representatives of each company’s largest shareholders. This system gives shareholders a degree of power “that only the most daring corporate governance initiatives in the rest of the world could even imagine.” By all accounts the change has been successful; no one is complaining about it.

In the United States investors have long been kept weak in corporate governance for fear that giving them a major role would damage corporations in numerous ways. The Swedish experience seems …

Prescription For Change: Third Circuit Diagnoses Pharmaceutical Sales Representatives As Exempt From Overtime Pay In Smith V. Johnson & Johnson, Brooke Burns

Villanova Law Review (1956 - )

The article presents information on the pharmaceutical companies manufacturing brand-name drugs and the issues related to pharmaceutical sales representative (PSR). The intensive sales training program, the exempt from overtime pay based on the U.S. Fair Labor Standards Act and the economic justice and security of low income group are discussed. The court decision of Smith v. Johnson & Johnson, white-collar exemptions and employee misclassification are also discussed.

Lawyering As Peacemaking, Angela P. Harris

Villanova Law Review (1956 - )

A lecture by Angela P. Harris titled "Lawyer As Peacemaking," given University of California, Davis, is presented on the topic of civil rights activist Martin Luther King Jr.'s speech "The Quest for Peace and Justice." Topics include the civil rights movement in the U.S., the ways in which attorneys can contribute to the peace process, and lawyers' commitment to justice.

The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly, And The Application Of Judicial Experience, Henry S. Noyes

Villanova Law Review (1956 - )

SINCE 1938, Rule 8(a) of the Federal Rules of Civil Procedure (Federal Rules or Rules) has set the standard for how much a plaintiff must allege at the outset of a lawsuit in order to avoid dismissal for failure to state a claim. Rule 8 requires that a plaintiff must include in the complaint "a short and plain statement of the claim showing that the pleader is entitled to relief." Federal courts developed a well-settled set of principles to apply when deciding whether to dismiss a claim. Among these principles are the following: (1) the plaintiffs factual allegations are accepted …

Borrowers May Not Benefit From The Mortgage Settlement Agreement Of 2012 Without A True Private Right Of Action, Marissa Diaz

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Developing A Pricing Strategy For The Los Angeles Dodgers, Denise Linda Parris, Joris Drayer, Stephen L. Shapiro

Human Movement Studies & Special Education Faculty Publications

In 2011, the Los Angeles Dodgers Stadium averaged 36,236 fans per game, dropping from 43,979 in 2010 and 46,440 in 2009, an overall loss of about 10,000 fans per game in just two years. In 2011, The Dodgers' attendance ranking fell from first to eleventh in Major League Baseball (MLB), which amounted to a loss of over 800,000 tickets sold per year, as well as the resulting revenue from concessions and parking. Despite the Dodgers' long and storied history, ticket demand had been negatively influenced by inconsistent performance, mounting bad publicity surrounding owner Frank McCourt's divorce, the beating of a …

Immigration Control In An Era Of Globalization: Deflecting Foreigners, Weakening Citizens, Strengthening The State, Valsamis Mitsilegas

Indiana Journal of Global Legal Studies

In stark contrast to the field of legislation on the rights of third country nationals or to the requirements and conditions for access to the territory of states, the field of the enforcement of immigration control has been increasingly subject to legal harmonization: either by the adoption of global law on immigration control or by the convergence of domestic law and policy in the field. This convergence is particularly marked when one compares legal responses to immigration control in the United States and the European Union, where globalization has been used to justify the extension of state power-by proclaiming state …

Global Anti-Anarchism: The Origins Of Ideological Deportation And The Suppression Of Expression, Julia Rose Kraut

Indiana Journal of Global Legal Studies

On September 6, 1901, a self-proclaimed anarchist named Leon Czolgosz fatally shot President William McKinley at the Pan-American Exposition in Buffalo, New York. This paper places the suppression of anarchists and the exclusion and deportation of foreigners in the aftermath of the "shot that shocked the world" within the context of international anti-anarchist efforts, and reveals that President McKinley's assassination successfully pulled the United States into an existing global conversation over how to combat anarchist violence. This paper argues that these anti-anarchist restrictions and the suppression of expression led to the emergence of a "free speech consciousness" among anarchists, and …

The U.S. Supreme Court Upholds The Health Care Reform Law: What's Next For Employer-Sponsored Group Health Plans?, Stephen J. Mogila, Daniel L. Saperstein

Hofstra Law Review

No abstract provided.

Enforcing Self-Regulatory Organization's Penalties And The Nature Of Self-Regulation, Jonathan Macey, Caroline Novogrod

Hofstra Law Review

No abstract provided.

Trix Are Not Just For Kids: The Supreme Court's Clumsy Handling Of The Public-Private Distinction And Its Legislative Impact On Breakfast And Beyond, David Gerardi

Hofstra Law Review

No abstract provided.

Rehabilitation Utilization And The Marginal Cost Of Ischemic Stroke In South Carolina, Ann-Catherin Simpson

MUSC Theses and Dissertations

This study uses Medicare claims from 1997 and 2004 to examine two important health policy issues using patients with ischemic stroke as an example. We explore the differences in rehabilitation services utilization and expenditures for stroke prior to and after outpatient rehabilitation caps were enacted. We then examine the effect of using a total cost approach versus a marginal cost method to estimate the first year cost of stroke and stroke rehabilitation. We found the cap did constrain outpatient rehabilitation utilization and cost of rehabilitation services if examined only using Medicare Part B provider costs, but not when facility costs …

Analysis Of Information And Communications Technology Adoption Between Small Businesses In China And The United States, Jie Xiong, Sajda Qureshi

Information Systems and Quantitative Analysis Faculty Proceedings & Presentations

This paper reports on two case studies, the Information and Communications Technology (ICT) adoption among small businesses conducted in both United States and China. One small business from Nebraska (United States of America) and one small business from Sichuan (China) were chosen for comparison. The purpose of this paper is to conduct a comparative case study based on the ICT adoption among small businesses in China and the United States. This paper will: (i) build an understanding of small business ICT in both areas, (ii) explore the relationship between the ICT development in less cutting-edge areas of China and the …

Eae/Ase Recommendations For Image Acquisition And Display Using Three-Dimensional Echocardiography., Roberto M. Lang, Luigi P. Badano, Wendy Tsang, David H. Adams, Eustachio Agricola, Thomas Buck, Francesco F. Faletra, Andreas Franke, Judy Hung, Leopoldo Pérez De Isla, Otto Kamp, Jaroslaw D. Kasprzak, Patrizio Lancellotti, Thomas H. Marwick, Marti L. Mcculloch, Mark J. Monaghan, Petros Nihoyannopoulos, Natesa G. Pandian, Patricia A. Pellikka, Mauro Pepi, David A. Roberson, Stanton K. Shernan, Girish S. Shirali, Lissa Sugeng, Folkert J. Ten Cate, Mani A. Vannan, Jose Luis Zamorano, William A. Zoghbi, American Society Of Echocardiography, European Association Of Echocardiography

Manuscripts, Articles, Book Chapters and Other Papers

No abstract provided.

African Vibrations : The Percussive Approach In Hip-Hop Music, Sherese Francis

Student Theses and Dissertations

No abstract provided.

Re-Envisioning Nurse Faculty Mentoring: Developmental Network Connections That Count, Margaret Babb Kennedy

MUSC Theses and Dissertations

Fears surrounding the nurse faculty shortage in the United States have prompted significant emphasis on supporting novice educators and those in transition to new roles within academia through mentoring. Yet a continued focus on traditionally held notions of a hierarchical dyad limits possibilities for facilitating rich, diverse, mentoring relationships. A novel theoretical framework incorporating social network perspective is used to conceptualize the dynamic, multilevel reality of mentoring in examination of nurse faculty mentoring. This dissertation presents the results of an integrative review and qualitative study that explore evidence and experiences of nurse faculty mentoring using the unique developmental network lens, …

A Tumultuous Upheaval And Transformation: The Impact Of The American Revolution On The Bahama Islands, Ross Michael Nedervelt

Master's Theses and Capstones

The position of the Bahama Islands on the periphery Britain's "Blue-Water Empire," far removed from the American Revolution's pitched battles, did not allow the colony to escape unaffected. Rather, the American Revolution had a significant impact on the colony both during and after the conflict. The effects of the Continental Congress' military and commercial policies towards the islands resulted in a political breakdown not seen amongst the remaining loyal British colonies. Furthermore, the effects of the Revolution did not end with the conflict, rather they continued for decades afterwards as many displaced American Loyalists settled on the islands. The Loyalists …

Fhfa: Annual Report To Congress (2011, United States: Federal Housing Finance Agency (Fhfa)

Documents

No abstract provided.

More Than Words: Rethinking The Role Of Modern Demonstrative Evidence, David S. Santee

Santa Clara Law Review

No abstract provided.

Proportionality's Cultural Foundation, Jordan M. Singer

Santa Clara Law Review

No abstract provided.

Whistleblower Tug-Of-War: Corporate Attempts To Secure Internal Reporting Procedures In The Face Of External Monetary Incentives Provided By The Dodd-Frank Act, Shannon Kay Quigley

Santa Clara Law Review

No abstract provided.

Fhfa Report To Congress 2012, United States: Federal Housing Finance Agency (Fhfa)

Documents

Contains the Conservatorships of the Entrerprises, Report of Annual Examination of Fannie Mae, Report of Annual Examination of Freddie Mac, Report of Annual Examinations of Federal Home Loan Banks, Regulatory Guidance, FHFA Research and Publications, FHFA Operations and Performance, and Historical Data Tables.

The Great Recession, The Resulting Budget Shortfalls, The 2010 Elections And The Attack On Public Sector Collective Bargaining In The United States, Kenneth Glenn Dau-Schmidt, Winston Lin

Hofstra Labor & Employment Law Journal

American public sector unions and collective bargaining have been subjected to a vicious attack under the auspices of balancing government budgets, promoting "equity" between private and public employees and limiting the impact of "special interests" on government policy. The American and world financial crisis of 2007 resulted in the Great Recession of 2008 and substantial budget shortfalls for local and national governments world-wide. This financial crisis and the resulting disintegration of aggregate demand and employment are eerily similar to the financial crisis and collapse that led to the Great Depression of the 1930’s. However, unlike the calamity of the 1930’s, …

Bad Reputation?: The Potential Negative Impact Of Outsourcing On The Legal Profession, Jennifer Spellman, Jeannea Varrichio

Hofstra Labor & Employment Law Journal

No abstract provided.

The Rise Of Institutional Law Practice, Thomas D. Morgan

Hofstra Law Review

For generations, the legal profession has assumed that only individual lawyers practice law. Ethical standards have been largely, if not exclusively, directed at individuals, and practice organizations have been regulated to prevent limiting individual lawyer professional judgment. The world in which lawyers now practice makes the individualized model obsolete. The complexity of modern law narrows the breadth of any individual lawyer's practice and makes law firms and other practice organizations inevitable. Firms, in turn, must maintain both ethical compliance and a high level of service quality that is inconsistent with lawyers behaving idiosyncratically. The article explores these developments and suggests …

An American Mess: How Colorblind Racism Prevents An Enlightened Conversation On Race In Television Media, Nathaniel Phillipps

McNair Poster Presentations

This project aims to demonstrate how the current racial ideology in America is portrayed through television media. It is primarily guided by the work of Eduardo Bonita-Silva and his masterful examination of post-civil rights racism in the United States in his book Racism Without Racists. From a firm understanding of the ideology of this new racism -- its frames, styles, and storylines -- the content of two televisions shows are analyzed to identify the racial ideology and the representations of people of color within.

Scandal (ABC) is progressive in the sense that it has a Black female lead, and two …

Government Rx--Back To The Future In Science Funding? The Next Era In Drug Development, Michael J. Malinowski

Journal Articles

The roles of government, industry, and academia in science research have been recast repeatedly since the U.S. began infusing tremendous funding during WWII. Recently, the National Institutes of Health (NIH) proposed a billion-dollar center to intervene in commercial drug development with the objective of lifting it out of a frightening fifteen-year slump in productivity. This article questions the role of the U.S. government in pharmaceutical development after completion of a map of the human genome (the touchstone of the Human Genome Project, HGP), a research undertaking spearheaded by the U.S. Government that spanned more than a decade. Specifically, the article …