Digital Commons Network^™

The Good-Faith Doubt Test And The Revival Of Joy Silk Bargaining Orders, Brandon R. Magner

University of Michigan Journal of Law Reform

The last fifty-two years have borne witness to the swift degradation and virtual irrelevance of the bargaining order. By the end of the twentieth century even pro-enforcement officials in the NLRB were acknowledging the difficulty of obtaining an enforceable bargaining order, and the remedy rarely appears these days in the agency’s published decisions.

This is not the product of the usual economic or political factors cited as reasons for the labor movement’s and its attendant regulating schema’s diminishment. Rather, the decline of the bargaining order can be explained almost entirely by the disappearance of the so-called Joy Silk doctrine from …

Liability For Toxic Workplace Cultures, Dana Florczak

University of Michigan Journal of Law Reform

Title VII is meant to protect employees from discrimination and has historically been a crucial tool for creating social change in the workplace. But when considering modern-day workplace discrimination wrought by “toxic workplace cultures” defined herein, Title VII’s frameworks for confronting systemic discrimination prove outdated and ineffective. This Note proposes the codification of a new theory of discrimination under Title VII targeting toxic workplace cultures, with substantive and procedural elements working in tandem to better enable plaintiffs to collectively bring actions to hold employers accountable for fostering discriminatory environments. Part I defines toxic workplace cultures and walks through case studies …

Wrong Line: Proposing A New Test For Discrimination Under The National Labor Relations Act, Joshua D. Rosenberg Daneri, Paul A. Thomas

University of Michigan Journal of Law Reform

There has long been a consensus among scholars and union-side practitioners that the National Labor Relations Act (NLRA) is under-enforced. As a result, employers often treat violations of the NLRA as a cost of doing business rather than a serious violation of a federal statute. Calls for reform have historically tended to propose legislative amendments to the NLRA to constrain employer conduct and impose greater consequences for discrimination violations. However, little attention has been given to improving the flawed legal test by which such discrimination is analyzed, Wright Line, 251 N.L.R.B. 1083 (1980), enforced 662 F.2d 899 (1st Cir. 1981), …

Sexual Orientation, Gender Identity, And Homelessness Post-Bostock, Alaina Richert

University of Michigan Journal of Law Reform

Housing discrimination on the basis of sexual orientation and gender identity is a critical problem facing LGBTQ+ people in the United States. In addition, LGBTQ+ people, particularly transgender people, disproportionately suffer from homelessness and face discrimination by homeless shelters on the basis of sexual orientation and gender identity. This homelessness and discrimination both disproportionately affect transgender people of color. This Note makes two contributions that would enable courts to grant meaningful relief in these contexts. First, it argues that “sex” in the Fair Housing Act includes sexual orientation and gender identity after the holding in Bostock v. Clayton County. Second, …

Avoiding Unfavorable Results Of The Favorable Tax Treatment Of Cares Act Withdrawals: An Unexpected Problem, Emily Cokeley, Michelle Freeman

ETSU Faculty Works

No abstract provided.

Rightsizing Chinese Military Lessons From Ukraine, Joel Wuthnow

Strategic Forums

Russia’s failures in the early phases of the 2022 Ukraine conflict, and Ukraine’s successes, have raised questions about the implications for China’s People’s Liberation Army (PLA). U.S. and other foreign analysts have identified several lessons the PLA could learn from the Ukraine conflict that would improve China’s prospects in a future conflict with Taiwan and the United States or potentially with a different regional rival. The PLA has made it frustratingly difficult to answer these questions using direct evidence: several months into the conflict, PLA officers have produced almost nothing detailing their views on the implications of the conflict for …

Valuing Community Engagement Throughout The Faculty Recruitment Process, Lynn Pelco, Derek Miller, Todd R. Lookingbill

Other Publications

Department chairs and search committees play critical roles in recruiting community-engaged scholars to higher education institutions. This report summarizes some of the benefits of hiring community-engaged scholars across disciplines. The report also provides concrete strategies departments can use to both plan and execute a faculty search process that results in the hiring of a community-engaged scholar who brings the skills and experiences needed to succeed in the position and thrive in both the university and community.

Annual Report 2022, Tennessee. Department Of Correction.

Annual Report

No abstract provided.

Statistical Abstract Fiscal Year 2022, Tennessee. Department Of Correction.

Annual Statistical Abstract

No abstract provided.

Creating Broadband Equity In Rural Wisconsin, Brian T. Coe

Marquette Benefits and Social Welfare Law Review

Over 430,000 people throughout the state of Wisconsin cur-rently do not have access to the internet. This "digital divide" is even more prominent in rural communities where broadband is either too slow, too expensive, or simply not available. Wisconsin state law cur-rently restricts local governments from providing this vital utility to their residents. The purpose of this Comment is to help readers un-derstand the impact of Wisconsin law surrounding local government public broadband programs, and how they can be changed to offer a more equitable menu of internet access to rural communities. This Comment will discuss the restrictive statutes that …

No Leave To Grieve: How Misfit Frameworks And America's "Grief Tsunami" Require Better Bereavement Policy, Katherine S. Hanson

Marquette Benefits and Social Welfare Law Review

The COVID-19 pandemic fueled America’s recent death surge: 2021 has become the deadliest year on record in the United States. Scholars and commentators claim that the American workplace re-mains unprepared for the impending “grief tsunami” in the wake of such pervasive loss. Likewise, American law is ill-equipped for workplace grief. Bereavement, while medically “normal,” lacks a substantial foothold in workplace benefits and in the law. Currently, organizations bear the burden of developing their own policies—and where available, these policies remain insufficient to accommodate the myriad logistical and emotional complexities associated with the loss of a loved one. In the event …

Certified Fair Wage®: Utilizing Certification Marks In The Fight Against Wage Theft, Anne E. Parrish

Marquette Benefits and Social Welfare Law Review

This paper argues utilizing certification marks in the fight against wage theft is a powerful consumer-side approach to the wage theft crisis, building public attention, fostering a social norm against wage theft, bolstering current approaches to the crisis, and spurring meaningful political action. Current approaches to the wage theft cri-sis are floundering, and certification marks, a subset of trademarks “used to show . . . goods and[] services . . . meet certain standards,” offer a unique approach to the problem. By highlighting certification marks’ unique attributes, showcasing other labor movements’ suc-cessful adaptation of certification marks, and utilizing a hypothetical …

Equal Opportunity In Remote Learning, Teramie Hill

Marquette Benefits and Social Welfare Law Review

Students with disabilities have always been a marginalized group. During the Covid-19 pandemic, this group was even more vulnerable to discrimination because many students simply could not receive services required to ensure equal opportunity in education. While Congress passed the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities in Education Act in order to ensure students with disabilities are fairly treated in the educational system, remote learning has created complications and more complex issues. Making this issue even more complex, many parents are demanding the end of remote learning while others …

Front Matter

Hofstra Law Review

No abstract provided.

Mitigation Works: Empircal Evidence Of Highly Aggravated Cases Where The Death Penalty Was Rejected At Sentencing, Russell Stetler, Maria Mclaughlin, Dana Cook

Hofstra Law Review

This Article updates data presented in this law review in 2018 documenting almost two hundred capital cases presenting serious aggravating circumstances where juries nonetheless chose life sentences. This updated Article adds more than four hundred new cases in the same highly aggravated categories to the total, which is now over six hundred cases. The new case lists, which do not purport to be exhaustive, further support the point that the effective investigation and presentation of mitigating evidence can forestall a death sentence no matter how death-worthy the crime facts may appear at first glance. Indeed, the empirical evidence presented here …

Wada: Wasting Efforts On The Wrong Dopes, Kyle Facibene

Hofstra Law Review

The article discusses the debate surrounding the suspension of American athlete, Sha'Carri Richardson from the 2020 Tokyo Olympics after she tested positive for Tetrahydrocannabinol (THC). It is reported that the World Anti-Doping Agency (WADA) has been responsible for leading the fight against the use of performance-enhancing drugs (PEDs) in sports. It also discusses the debate surrounding Richardson's suspension and whether the prohibition of marijuana in sports is justified.

Girl-Bossing Too Close To The Ftc Regulations: How Mlms Avoid Ftc Enforcement Actions And The Need For More Stringent Regulation, Theresa J. Kelley

Hofstra Law Review

The article discusses multilevel marketing companies (MLMs) and the need for more stringent regulation. It is reported that MLMs uses a direct sales structure in which goods are sold directly to consumers through a network of individuals who earn commission on the products they sell and on the products sold by the individuals they recruit. It also highlights the fact that MLMs are often accused of being pyramid schemes, and while the Federal Trade Commission (FTC) regulates them.

2022-September-01-Equity And Inclusion Conference, University Marketing And Communication, East Tennessee State University

ETSU News

JOHNSON CITY (Sept. 1, 2022) – Registration for East Tennessee State University’s fourth annual Equity and Inclusion Conference is now open. The conference will be held Sept. 26-28, with a student track on Sept. 29.

This year’s conference is a hybrid event; some sessions are concurrent, with select presentations scheduled to be held in person, and others virtually. Total price for registration varies. Registration is free for full-time ETSU students; $60 for ETSU faculty and staff; $65 for community members; and $25 for non-ETSU students. To register, visit www.etsutickets.com.

“ETSU is arguably more diverse today than at any other point …

2022-September-01-Etsu Bluegrass Celebrating Years With Concert, University Marketing And Communication, East Tennessee State University

ETSU News

JOHNSON CITY – Bluegrass, Old-Time and Roots Music Studies at East Tennessee State University will host a concert celebrating the program’s 40th anniversary on Friday, Oct. 21, at 7 p.m. at the ETSU Martin Center for the Arts.  

This milestone anniversary concert will feature well-known and prominent artists who have direct connections to the university.

Program started in 1982

“I cannot wait to play music on stage again with some of my friends from 20 years ago,” said program director and ETSU alumnus Dan Boner. “And there will be some incredibly well-known artists at this anniversary concert, a couple of …

2022-September-01-Kingsport Alliance For Continued Learning Releases Fall Schedule, University Marketing And Communication, East Tennessee State University

ETSU News

Kingsport – The Kingsport Alliance for Continued Learning (KACL), in partnership with East Tennessee State University at Kingsport, will offer a series of informal in-person and virtual class options beginning Tuesday, Oct. 11, focusing on a variety of subjects from science, local history and literature to a personal safety course with an FBI Joint Terrorism Task Force officer.

This six-week series of non-credit courses is open to anyone. Classes will continue through Thursday, Nov. 18, and will be held at the Kingsport Center for Higher Education (KCHE), 300 W. Market Street. The cost to participate is $30 and covers all …

2022-September-01-Summer 2022 Deans List, University Marketing And Communication, East Tennessee State University

ETSU News

JOHNSON CITY – East Tennessee State University has announced the names of students who attained a grade point average qualifying them for inclusion in the dean’s list for the summer 2022 session. To receive this honor, students must successfully complete a minimum of 12 hours of undergraduate coursework with no grade below ‘B-’ in any course taken, and a grade point average of at least 3.5 on a 4.0 scale.

Highlights From The 67th Annual Meeting Of The American Society For Artificial Internal Organs In Chicago, Il, Christopher D. Pritting, Alice L. Sweedo, Vakhtang Tchantchaleishvili, Dongfang Wang, Joseph B. Zwischenberger

Department of Surgery Faculty Papers

Dr. Willem J. Kolff founded the American Society for Artificial Internal Organs (ASAIO) in 1955. Each year experts in the fields of renal, pulmonary, pancreatic, cardiac, bioengineering, and orthopedic research congregate to discuss the latest developments in their respective fields. Throughout the conference's history, ASAIO has adapted to promote inquiry, ingenuity, and innovation. The congeniality partnered with the expertise of the conference's attendees has facilitated continuous progress since the conference's inception.

The 2022 ASAIO Annual Conference was held in Chicago, IL in an entirely in-person format, the first since the 65th conference in 2019. This year there were exhibits by …

Robotic Versus Conventional Sternotomy Mitral Valve Surgery: A Systematic Review And Meta-Analysis, Michael L. Williams, Bridget Hwang, Linna Huang, Ashley Wilson-Smith, John Brookes, Aditya Eranki, Tristan D. Yan, T. Sloane Guy, Johannes Bonatti

Department of Surgery Faculty Papers

Background: Robotic-assisted mitral valve surgery (RMVS) is becoming an increasingly performed procedure in cardiac surgery, however, its true safety and efficacy compared to the gold standard conventional sternotomy approach [conventional sternotomy mitral valve surgery (CSMVS)] remains debated. The aim of this meta-analysis was to provide a comprehensive analysis of all available literature comparing RMVS to CSMVS.

Methods: An electronic search of five databases was performed to identify all relevant studies comparing RMVS to CSMVS. Pre-defined primary outcomes of interest included all-cause mortality, cerebrovascular accidents (CVA) and re-operation for bleeding. Secondary outcomes of interest included cross clamp time, cardiopulmonary bypass (CPB) …

Leveraging Lessons Learned From A Virtual Hands-On Outreach Program To Cultivate Diversity In The Next Generation Of Structural Engineers, Anahid Behrouzi, Nicole Buck, Sarah Navias

Architectural Engineering

A challenge that continues to face the structural engineering (SE) profession is the recruitment and retention of individuals from underrepresented minority (URM) groups, underscored over the years by findings reported on by the SE3 project committee. One approach to address this is by developing and conducting early outreach efforts with diverse populations of K-12 students, so they are aware of SE’s meaningful contributions to society and the intriguing technical problem- solving opportunities in this field. During these educational activities it is also important for young students to be exposed to engineering practitioner-educators who represent diverse backgrounds and whose lived experience …

Readiness, Response, And Recovery: The Impacts Of Covid-19 On Education Systems In Asia, Anna Dabrowski, Yung Nietschke, Syeda Kashfee Ahmed, Amy Berry, Maya Conway

Monitoring Learning

This review provides insights into COVID-19 responses in educational systems in Asia, and to understand which policies and practices were already in place to contribute to system readiness and resilience. Although the evidence base remains scarce, reflecting on the different system and school-level responses in Asia provides opportunity to identify gaps in current policies and research, and consider new ways in which countries in Asia can strengthen their educational systems into the future. It considers what makes an education system resilient, and the importance of school level practices. It uses an analytical framework to review readiness, response and recovery, and …

Front Matter

Comparative Civilizations Review

No abstract provided.

The Future Of Civilization: A Systems Approach, Robert Bedeski, Ph.D.

Comparative Civilizations Review

Civilization is one of several stages of human evolution and forms a system of interaction. Its past dominance is now challenged by growth of three subsystems — state, economy, and science/technology. These three subsystems have matured through application of rational knowledge. The vertically integrated state now dominates society and demarcated territory. The horizontally integrated global economy and global science/technology society have become worldwide in scope. State domination is reinforced by autonomous global science and international capital. The remaining subsystem of Moral Knowledge occupies present non-material civilization and is characterized by organic knowledge and embracing the unprovable, which includes religion, art, …

Editor's Note, John Berteaux, Executive Editor

Comparative Civilizations Review

From July 28 to July 30, 2022, it was my pleasure to serve as the Program Chair of the 51st International Society for the Comparative Study of Civilizations conference — The Future of Civilization(s). This issue of the Comparative Civilizations Review contains a selection of articles presented at the conference.

Our New Iscsc Social Media Presence, Bibi Pelić

Comparative Civilizations Review

Social media presence is essential, we could say even critical to any organization today. Social media can for itself be a topic for a discussion on civilization, as social media is today shaping mindsets, for better or worse.

Realizing this major development in our ever-more digitalized world, the ISCSC has undergone, in the past year, significant changes in the direction of establishing its social media presence.

Skeleton Weed In Western Australia : Control Program 2022/23, Department Of Primary Industries And Regional Development, Western Australia

Bulletins 4000 -

No abstract provided.