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 …

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 …

Stewart V. Mcintosh, 4 H. & J. 233 (1816), Rhett Donnelly

Student Articles and Papers

Stewart v. M’Intosh was argued during the time period of the Jay Treaty, the Quasi-War, the Haitian Revolution, and the War of 1812. The facts begin at the end of the 18^th century and extend into the early 19^th century. The arguments and ruling were based on trade restrictions between United States citizens and territories under French control. The plaintiffs focused their arguments on the specific language of the Congressional acts, which outlawed trade with French territories but did not directly mention the regions at issue, while the defendants looked at the implications of the acts and the …

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 …

Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein

Catholic University Law Review

No abstract provided.

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 …

Inbound International Tourism To The United States: A Panel Data Analysis, E. M. Ekanayake, Mihalis Halkides, John R. Ledgerwood

Publications

The objective of this paper is to analyze the demand for tourist arrivals to the United States, using the panel cointegration technique. The study attempts to identify and measure the impact of the main determinants of inbound international tourism flows to the United States. The study uses annual data from 1986 to 2011 for tourist arrivals from 50 major countries of tourist origin. The specified model includes several country-specific determinants. The panel unit root tests indicate all the variables are integrated of order one. The panel cointegration tests show that all seven test statistics reject the null hypothesis of no …

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 …

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 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.

Faulkner's Voting Rights Act: The Sound And Fury Of Section Five, Joel Heller

Hofstra Law Review

In its most recent examination of the Voting Rights Act, the Supreme Court told a story about the South. Although the Court ultimately did not rule on the continued constitutionality of § 5, the VRA provision that singles out certain jurisdictions with a history of racially discriminatory voting practices for additional regulation, its opinion expressed significant doubt that the measure was still justified. In this tale of progress and redemption, the Court concluded that “things have changed in the South.”

One body of commentary that was not considered in this story was the region’s literature. Yet many of these works, …

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.

Safe Localities Through Cooperation: Why The Secure Communities Program Violates The Constitution, Ana Getiashvili

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.

Federal Reserve Liquidity Provision During The Financial Crisis Of 2007– 2009, Michael J. Fleming

Documents

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 …

Book Review: Gary Botting, Extradition Between Canada And The United States (Ardsley: Transnational Publishers, 2005), Robert Currie

Articles, Book Chapters, & Popular Press

Both domestic and international laws regarding the extradition of fugitive criminal offenders are in a state of flux throughout the world. The current legal landscape reflects tension between the interest of state authorities in promoting “security,” on the one hand, and increasing recognition that human rights obligations are at play, on the other. Gary Botting’s book, Extradition Between Canada and the United States, successfully addresses this tension by way of a detailed examination of what is probably the most integrated extradition partnership outside the European Union.

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 …