Digital Commons Network^™

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 Agendas And Ground-Realities: A Transnational Perspective On Indian Workers And Corporate Social Responsibility (Csr), Payal Banerjee, Kasturi Gupta

Sociology: Faculty Publications

This paper focuses on the complexities and contradictions within the practices of Corporate Social Responsibility (CSR) arising as a result of CSR’s implementation within a neoliberal framework and, based on empirical observations, provides an assessment of the following: 1) critical overview of CSR initiatives on employees of large-scale manufacturing companies in India; and 2) an analysis of flexible hiring practices and the consequent marginalization of Indian immigrant information technology (IT) workers in the U.S. as a subcontracted workforce and their exclusion from CSR agendas despite their contributions to many CSR-member corporations. Both the IT and manufacturing sectors have been key …

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.

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 …

A Review Of National Msw Generation Assessments In The United States, David J. Tonjes, Krista L. Greene

Technology & Society Faculty Publications

Municipal solid waste (MSW) is generated in very large quantities (probably, between 200 and 400 million tonnes per year) in the United States (US). MSW is generated at millions of places and there is no one precise, general definition for MSW that is generally applied, despite US Environmental Protection Agency efforts. As an element of both commerce and politics, reporting may be framed towards particular ends. Therefore, the two best known assessments of the quantity of US MSW production differ by approximately 50%. The assessors understand some of the reasons for the differences, but our analysis suggests that there are …

Overcoming Structural Barriers To Integrated Housing: A Back-To-The-Future Reflection On The Fair Housing Act's "Affirmatively Further" Mandate, Robert G. Schwemm

Law Faculty Scholarly Articles

A key goal of the 1968 Fair Housing Act (“FHA”), which was passed as an immediate response to Dr. Martin Luther King, Jr.’s assassination, was to replace the ghettos with “truly integrated and balanced living patterns.” It hasn’t happened. Today, more than four decades after the FHA’s passage, “residential segregation remains a key feature of America’s urban landscape,” continuing to condemn new generations of minorities to a second–class set of opportunities and undercutting a variety of national goals for all citizens.

But recent developments dealing with an underutilized provision of the FHA – § 3608’s mandate that federal housing funds …

Forecasting The Future: The Early United States Weather Bureau, Robert T. Canning

Honors Theses

The national weather service of the United States came into being in 1870 for the practical utility of the American people. The interaction between weather, agriculture, and commerce provided the impetus for the inception of the service. Many historians put forward the notion of an obdurate weather bureau, a scientific backwater with no interest in modernization until after World War II. I disagree with this popular historiography and instead offer a history of the weather bureau’s attempts to institute the latest meteorological practices that takes into consideration the burdens and obligations of the bureau, as well as the historical context. …

Interstate Compacts Establishing State Entitlements To Water: An Essential Part Of The Water Planning Process, Charles T. Dumars, Stephen Curtice

Oklahoma Law Review

No abstract provided.

Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants, Lori A. Nessel

Indiana Journal of Global Legal Studies

The practice of medical repatriation, or the extrajudicial deportation of seriously ill immigrants directly by hospitals, was largely unknown and under-theorized until recently. In the past few years, a number of scholars have focused on the legal and ethical issues raised by this practice. However, medical repatriation has most often been analyzed in isolation as an example of an anomalous unlawful or unethical action undertaken by hospitals, rather than as a predictable, if horrifying, extension of a legal regime that treats migrant labor as disposable. In contrast, this Article contextualizes the private deportation of migrant workers by hospitals within broader …

The Gamification Of Work, Miriam A. Cherry

Hofstra Law Review

In the language of cyberspace, introducing elements of fun or game-playing into everyday tasks or through simulations is known as the process of “gamification.” The idea that people could be working while they play a video game – in some instances without even knowing that they are working – is becoming part of our reality. Gamification is an important element of what in previous writing I have termed “virtual work,” that is, work that is taking place wholly online, in crowdsourcing arrangements, or in virtual worlds. The gamification of work is an important trend with important implications for employment law. …

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.

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.

The Sopa-Tpp Nexus, Jonathan Band

American University International Law Review

No abstract provided.

Fp-12-21 First Marriage Vs. Remarriage In The U.S., 2010, Julissa Cruz

National Center for Family and Marriage Research Family Profiles

No abstract provided.

Fp-12-14 Remarriage Rate In The U.S., 2010, Julissa Cruz

National Center for Family and Marriage Research Family Profiles

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 …

Access To Justice And The Ethics And Politics Of Alternative Business Structures, Richard Devlin, Ora Morison

Articles, Book Chapters, & Popular Press

Despite ongoing concern about access to justice in Canada, the problem persists. Meanwhile, the basic model for legal practice in Canada is the same as when the profession first emerged centuries ago in England. Only lawyers can own and control legal practices. This is not the case in other common law jurisdictions where rules have evolved to allow nonlawyers to own the companies that provide legal services. Based on a comparative analysis of the development of these alternative business structures (ABSs) in Australia and the United Kingdom, and the nondevelopment of ABSs in the United States, the authors argue that …

United States--Certain Measures Affecting Imports Of Poultry From China: The Fascinating Case That Wasn't, Donald H. Regan

Articles

US–Poultry (China) was the first Panel decision dealing with an origin-specific SPS measure, or with what the United States referred to as an ‘equivalence regime’. More specifically, it was the first instance in which the basis for the challenged measure was the claimed inability of the complainant country to enforce its own food-safety rules. Unfortunately, as the litigation developed, the very interesting novel issues raised by such a measure were not discussed. This essay discusses those novel issues – in particular, what sort of scientific justification or risk assessment should be required for a measure like this, and what SPS …

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 …

Qui Tam: Is False Claims Law A Model For International Law?, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Use Patents, Carve-Outs, And Incentives — A New Battle In The Drug-Patent Wars, Arti K. Rai

Faculty Scholarship

The Hatch-Waxman Act of 1984 aims to strike a balance between the innovation incentives provided by patents and the greater consumer access provided by low-cost generic drugs. The legislation, which relies in part on an explicit link between the FDA drug approval process and the U.S. patent system, has been controversial, particularly because of the ways in which firms producing brand-name drugs have exploited that link to delay market entry of generics as long as possible. Voluminous scholarship has focused on so-called "pay-for-delay" settlements of patent litigation between brand name and generic firms.

In contrast, this Perspective uses the lens …

Concentration In Health Care Markets: Chronic Problems And Better Solutions, Barak D. Richman

Faculty Scholarship

Health care providers with market power enjoy substantially more pricing freedom than monopolists in other markets, for a reason not generally recognized: US-style health insurance. Consequently, monopolies in health care cause undesirable redistribution of wealth and inefficient allocation of resources, both of which burden consumers at levels beyond those of other monopolists. The unusual costliness of monopoly power in health care markets demands far more policy attention than it has received. For starters, the health sector needs a more aggressive antitrust policy that effectively prevents the creation of new provider market power through mergers, alliances, or government immunity. An immediate …

Accountability In Patenting Of Federally Funded Research, Arti K. Rai, Bhaven N. Sampat

Faculty Scholarship

Bayh-Dole allows academic grantees to patent federally-funded research for purposes of promoting the commercialization of this research. To ensure commercialization goals are achieved, the Act requires grantees to report to funding agencies not only the existence of federally-funded patents but also utilization efforts they and their licensees/assignees are making.

Although reporting is a cornerstone of accountability under Bayh-Dole, information about grantee compliance with reporting requirements is incomplete and dated. In fact, the last significant study of the question dates back to the late 1990s and analyzes only 633 patents. Since that time, concerns have emerged that federally-funded university patents are …

Fits And Starts For Mandatory Arbitration, Roger B. Jacobs

Hofstra Labor & Employment Law Journal

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, …

Depression, Anxiety, And Symptom Profiles Among Female And Male Victims Of Sexual Violence, Ekta Choudhary, Merideth Smith, Robert M. Bossarte

Faculty & Staff Scholarship

No abstract provided.

The Third World War: American Hegemony In Latin America And The Overthrow Of Salvador Allende, Samuel Mitchell

CMC Senior Theses

Why has the United States frequently intervened in the affairs of Latin American governments? How have the motivations changed over time, and how have they stayed the same? Are American Presidents more motivated by economic or political threats to hegemony? What methods has the United States used to maintain its dominance over the Western Hemisphere, and how have they changed?

This paper seeks to address all of these questions, using a full historical examination as well as the case study of Salvador Allende's Chile. Drawing upon numerous scholars' work as well as individual research and investigation, this paper seeks to …

L Street: Bagehotian Prescriptions For A 21st Century Money Market, George Selgin

Documents

No abstract provided.

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

Documents

No abstract provided.

Localism And Involuntary Annexation: Reconsidering Approaches To New Regionalism, Christopher J. Tyson

Journal Articles

No abstract provided.