Digital Commons Network^™

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. …

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.

Responses To The Five Questions, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Fundamental Forces Driving United States And International Financial Regulations Reform, Lawrence G. Baxter

Faculty Scholarship

Multiple forces create a systemic crisis of the proportions of the Global Financial Crisis of 2008. Global and domestic financial reform is a difficult and perplexing task, one that is likely to take many years, and one that will surely continue to be shaped by a diverse range of forces. Recent measures remain incomplete and in some cases are even proving to be misdirected. This article considers seven fundamental forces shaping actions on future reform, specifically the (1) long term impact of the Crisis (and all financial crises); (2) increase in the “financialization” of the global economy, seemingly disproportionate to …

Regulating Shadow Banking, Steven L. Schwarcz

Faculty Scholarship

Inaugural Address for Boston University Review of Banking & Financial Law's Inaugural Symposium: “Shadow Banking” February 24, 2012.

Although shadow banking is said to be huge, estimated at over $60 trillion, it is not well defined. This short and accessible paper attempts to define shadow banking by identifying its overall scope and its basic characteristics. Based on the definition derived, the paper also conceptually examines how shadow banking can be regulated to try to maximize its efficiencies while minimizing its risks.

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

Student Theses and Dissertations

No abstract provided.

Passions & Prejudice : The Constitution And Same-Sex Marriage, James Meyers

Student Theses and Dissertations

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 …

Rating The Raters: Restoring Confidence And Accountability In Credit Rating Agencies, Ryan Voorhees

Case Western Reserve Journal of International Law

No abstract provided.

Somebody Else's Problem: How The United States And Canada Violate International Law And Fail To Ensure The Prosecution Of War Criminals, Nicholas P. Weiss

Case Western Reserve Journal of International Law

No abstract provided.

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

Santa Clara Law Review

No abstract provided.

The Right Of Publicity In New York And California: A Critical Analysis, Paul Czarnota

Jeffrey S. Moorad Sports Law Journal (1994 - )

The article provides an analysis of the right of publicity under the state laws of New York and California as of September 2012, focusing on the application of the laws to celebrities and the illegal use of their identities in advertising and trade. The New York right to publicity tort laws reportedly protect a celebrity's name, portrait, and voice from unauthorized use by third parties. The New York case Roberson v. Rochester Folding Box Co. is also mentioned.

Don Fehr Trades His Ball For A Puck: Will He Continue To Score, Jordan I. Kobritz, Jeffrey F. Levine, Steven C. Palmer

Jeffrey S. Moorad Sports Law Journal (1994 - )

The article discusses former Major League Baseball Players' Association (MLBPA) Executive Director Donald Fehr and his decision to help the National Hockey League Players' Association (NHLPA) with the reforming of its constitution and its search for a director. The NHLPA's plan to use Fehr in its collective bargaining agreement (CBA) negotiations with the National Hockey League (NHL) in 2012 is also addressed.

Brady V. Nfl: How The Eighth Circuit Saved The 2011 Nfl Season By Supporting Negotiation, Not Litigation, Erick V. Passer

Jeffrey S. Moorad Sports Law Journal (1994 - )

The article discusses the United States District Court for the District of Minnesota case Brady v. National Football League (NFL) which deals with the NFL players' attempt to obtain a preliminary injunction to prevent the NFL from locking them out during the NFL's collective bargaining agreement (CBA) negotiations with the NFL Payers Association (NFLPA). The U.S. Sherman Anti-Trust Act is also addressed.

Stealing Home In Hollywood: Why The Takeover Of The Los Angeles Dodgers Illustrates The Unjust Nature Of Major League Baseball's Antitrust Exemption, John W. Polonis

Jeffrey S. Moorad Sports Law Journal (1994 - )

The article discusses Major League Baseball's (MLB) takeover of the Los Angeles Dodgers baseball team from owner Frank McCourt following his divorce from his wife Jamie, as well as MLB's alleged unjust antitrust exemption as of September 2012. The author argues that McCourt could have challenged the anti-competitive takeover practices of MLB and its commissioner Bud Selig since McCourt's attempt to broker a television deal with Fox Sports did not break any of MLB's rules.

Politicizing Crime And Punishment: Redefining "Justice" To Fight The "War On Prisoners", Craig Haney

West Virginia 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.

Had Feminists Only Thought Of Food: Men's And Women's Relationship With Food, 1963-1981, Laura Crean

Master's Theses and Capstones

This thesis explores whether the women's movement changed how men and women interacted with food between 1963 and 1981. Through the examination of popular magazines Esquire and Mademoiselle , this thesis analyzes articles and advertisements to gauge where there was change. Men's relationship with food did not change. Men continuously cooked only as a hobby, recreating dishes they ate at fine-dining restaurants promoting themselves as connoisseurs. On the other hand, women experienced positive and negative changes as well as stagnation. Sexual liberation allowed women to embrace the sexual connotations of food for the first time in over a century. Yet, …

"We Are Derby Girls, Not Pansies" : Femininity And Kinship In Roller Derby, Madisson L. Whitman

Undergraduate Theses and Senior Projects

No abstract provided.

Parental Leave: Policy And Practice, Amanda Parr

USF Tampa Graduate Theses and Dissertations

Parental leave is a broad term that encompasses maternity and/or paternity leave to care for an infant. Parental leave provides job protection for workers and may be paid or unpaid, with provisions varying throughout the world. Every industrialized nation offers some form of paid parental leave, with the exception of the United States, whose only federal policy regarding parental leave is the Family and Medical Leave Act (FMLA), a law that allows eligible workers to take up to twelve weeks of unpaid, job protected leave for the birth or adoption of a child.

This research project explored how parents understand …

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 …

History And Evaluation Of National-Scale Geochemical Data Sets For The United States, David B. Smith, Steven M. Smith, John D. Horton

United States Geological Survey: Staff Publications

Six national-scale, or near national-scale, geochemical data sets for soils or stream sediments exist for the United States. The earliest of these, here termed the ‘Shacklette’ data set, was generated by a U.S. Geological Survey (USGS) project conducted from 1961 to 1975. This project used soil collected from a depth of about 20 cm as the sampling medium at 1323 sites throughout the conterminous U.S. The National Uranium Resource Evaluation Hydrogeochemical and Stream Sediment Reconnaissance (NUREHSSR) Program of the U.S. Department of Energy was conducted from 1975 to 1984 and collected either stream sediments, lake sediments, or soils at more …

A Brief Review Of The Monetary Policies In The United States: 1970-2010, Markum L. Reed

Research Papers

The essence of monetary policy consists of the introduction of innovative techniques into the system via economic debate. There is a period of incorporation or absorption of ideas, as well as, a period of readjustment. This paper reviews the key economic models that govern modern monetary policy; these constitute the decision making criteria for the Federal Reserve System. This paper reviews the creation of the Federal Reserve System as well as its operating procedures and how it implements monetary policy. We gain factual knowledge of monetary economic models such as the new Keynesian model and we discuss the importance of …

Dispositions In The Twenty First Century School Library Profession, Sue C. Kimmel, Gail K. Dickinson, Carol A. Doll

STEMPS Faculty Publications

Within the school library profession there is an emerging focus on dispositions, defined as "a tendency to exhibit frequently, consciously, and voluntarily a pattern of behavior that is directed to a broad goal" (Katz, 1993). Directed focus groups of practicing school librarians were asked to articulate their vision for school libraries of the future. Data from these groups informed development of six dispositional continua to guide both school library education and school librarianship in the 21st century. This study clarifies the dispositions needed by school librarians in the future.

Prosecutors And Bargaining In Weak Cases: A Comparative View, Jenia I. Turner

Faculty Journal Articles and Book Chapters

One of the most controversial uses of prosecutorial discretion in plea bargaining concerns cases involving weak evidence of guilt. When a prosecutor bargains about the charges or even the facts in a case with weak evidence, at least three problems may arise. First, if the charge bargain is generous, it may coerce an innocent defendant to plead guilty. Second, such a bargain may let a guilty defendant off too easily, thus disserving the public and victim’s interests. Third, if the parties bargain about the facts, the result may distort the truth of the case.

In this book chapter, I examine …

Direct And Indirect U.S. Government Debt, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

Trends In The Utilization Of Outpatient Advanced Imaging After The Deficit Reduction Act., David C Levin, Vijay M Rao, Laurence Parker

Department of Radiology Faculty Papers

PURPOSE: After the Deficit Reduction Act (DRA) took effect in 2007, there was concern that private office-based imaging facilities would close, that advanced imaging would shift to less convenient hospital-based facilities, and that access to advanced imaging might be restricted. The aim of this study was to see if these developments occurred during the years after the DRA.

METHODS: Using Medicare data, outpatient CT, MRI, and nuclear medicine trends before and after the DRA were studied. Procedure volumes performed in private offices and hospital outpatient departments (HOPDs) were tabulated separately. Volumes were tracked from 2000 to 2006 (before the DRA) …