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Articles 1 - 30 of 56
Full-Text Articles in Law
Introduction: Foreign Films And Higher Education, Heba A.N. El Attar Ph.D.
Introduction: Foreign Films And Higher Education, Heba A.N. El Attar Ph.D.
Cultural Encounters, Conflicts, and Resolutions
No abstract provided.
Teaching About The Muxes In The United States: Cultural Construct Gender Identity, And Transgression In The 21st Century, Nohora V. Cardona Núñez Ph.D.
Teaching About The Muxes In The United States: Cultural Construct Gender Identity, And Transgression In The 21st Century, Nohora V. Cardona Núñez Ph.D.
Cultural Encounters, Conflicts, and Resolutions
This study focuses on the manner in which gender identities challenge heteronormativity and are understood as a way to interpret the sexed body through culture in the documentary Muxes: auténticas, intrépidas, buscadoras del peligro (2005), directed by Mexican filmmaker Alejandra Islas Caro. In the context of a Gender Issues in Latin America course taught in a North American university, we explored how certain theories by thinkers such as Simone de Beauvoir, Pierre Bourdieu, and Judith Butler, among others, contend that sexual preference, gender orientation, and sexuality, can be built as a cultural constructs, contrary to popular beliefs on the subject. …
Approaches To Teaching Latin American Culture Through Film: Children’S Plight In Poverty- And Violence-Ridden Countries, Delia V. Galvan Ph.D.
Approaches To Teaching Latin American Culture Through Film: Children’S Plight In Poverty- And Violence-Ridden Countries, Delia V. Galvan Ph.D.
Cultural Encounters, Conflicts, and Resolutions
Students at the beginning levels of foreign language study have many borders to cross and many challenges to negotiate. This paper reports the results of a preliminary study involving the use of full-length films to engender intercultural sensitivity and understanding among two groups of first-year students of Spanish. Both films depict hardships of children in Spanish-speaking countries—as a result of conscription or as a result of child labor. The paper discusses the contextualization of the films for the students, the students’ responses to questionnaires, portions of classroom discussion that indicate growth in the areas of focus, and implications of the …
Note On Special Issue, Antonio Medina-Rivera Ph.D., Lee F. Wilberschied Ph.D., Heba A.N. El Attar Ph.D.
Note On Special Issue, Antonio Medina-Rivera Ph.D., Lee F. Wilberschied Ph.D., Heba A.N. El Attar Ph.D.
Cultural Encounters, Conflicts, and Resolutions
No abstract provided.
Intercultural Communicative Competence: Literature Review, Lee F. Wilberschied Ph.D.
Intercultural Communicative Competence: Literature Review, Lee F. Wilberschied Ph.D.
Cultural Encounters, Conflicts, and Resolutions
Intercultural Communicative Competence (ICC) is a cluster of capabilities that will become even more essential, not only to negotiate borders of many dimensions as globalization proceeds, but also to enhance the ability to maneuver one’s way in a world that changes by the minute. The process of developing ICC prepares the learner to manage and appreciate border crossings on many levels. This brief review of the literature offers a summary of the components of ICC, how it is similar to and different from other competences, and recommendations on how to assess it. This overview may be helpful when considering the …
El Paseo By Harold Trompetero: Approaching Popular Film From Colombia In A North American Classroom, Matias Martinez Abeijon Ph.D.
El Paseo By Harold Trompetero: Approaching Popular Film From Colombia In A North American Classroom, Matias Martinez Abeijon Ph.D.
Cultural Encounters, Conflicts, and Resolutions
This article explores the manner in which popular films from Colombia—
specifically comedies, such as the movie El paseo, directed by Harold Trompetero in 2010, which has been the highest grossing movie to date in the history of movies produced in Colombia–may be used in the classroom in the context of a World Language, Literature, and Culture department in the United States. It is the contention of this study that such a choice is far from common due to diverse issues, which include the limited access to international distribution of the majority of the so-called “national film” or, in …
Can Films Speak The Truth? Mathieu Kassovitz’S La Haine (1995) And Philippe Faucon’S La Désintégration (2011), Annie Jouan-Westlund Ph.D.
Can Films Speak The Truth? Mathieu Kassovitz’S La Haine (1995) And Philippe Faucon’S La Désintégration (2011), Annie Jouan-Westlund Ph.D.
Cultural Encounters, Conflicts, and Resolutions
La Haine, (Dir. Mathieu Kassovitz, 1995) and La Désintégration (Dir. Philippe Faucon, 2011), set in France’s urban periphery, depict the struggle of second and third-generation immigrants growing up in the housing projects and their desire to live like ‘other’ French young people. The analysis offers a comparative study of the films’ reception with a community of viewers made of American students in a Contemporary French Culture course. Following the three paradigms of exclusion (social, racial, and cultural); gender representation; and aestheticism and realism, this study demonstrates that, within certain limits, these cinematic propositions, of similar prophetic nature but different …
Understanding Arab Culture Through Cinema, Abed El-Rahman Tayyara Ph.D.
Understanding Arab Culture Through Cinema, Abed El-Rahman Tayyara Ph.D.
Cultural Encounters, Conflicts, and Resolutions
The article examines the use of cinema as a tool for teaching about Arab culture and assesses the process in which learners acquire a higher level of intercultural communicative competence. The essay draws primarily on multilayered class activities and students’ responses to pre- and post- screening surveys related to eight Arab films. The article reveals that the evaluation of the learners’ intercultural competence and their familiarity with Arab culture in particular is a long process that filled with misunderstandings, gaps, inconsistencies, and contradictions on the part of the learners. To successfully conduct this type of teaching, the article also points …
Table Of Contents, Antonio Medina-Rivera Ph.D, Lee F. Wilberschied Ph.D., Heba A.N. El Attar Ph.D
Table Of Contents, Antonio Medina-Rivera Ph.D, Lee F. Wilberschied Ph.D., Heba A.N. El Attar Ph.D
Cultural Encounters, Conflicts, and Resolutions
No abstract provided.
The Water Cycle Boogie: Clean Water Act Jurisdiction, Home Rule, And Water Law, Colin W. Maguire
The Water Cycle Boogie: Clean Water Act Jurisdiction, Home Rule, And Water Law, Colin W. Maguire
Et Cetera
The EPA and US Army Corps of Engineers’ agency rule regarding the definition of “Waters of the United States” under the Clean Water Act increased jurisdictional assertions by as much as 5%. What’s the big deal? This violates the Home Rule of state and local governments. This violation also creates concerns where many property owners are not sure if they need federal permits to develop land under the Clean Water Act. With issues like this new Clean Water Act rule, the drought conditions in the Western U.S., and international concerns regarding fresh water, water law is a critical area which …
The "Originalism Is Not History" Disclaimer: A Historian's Rebuttal, Patrick J. Charles
The "Originalism Is Not History" Disclaimer: A Historian's Rebuttal, Patrick J. Charles
Et Cetera
Many originalists disclaim that competing strands of originalism are not history. This is perplexing, in part because the disclaimer contradicts what is arguably the central purpose of originalism: decoding the original meaning of constitutional text at a fixed point in time. Originalism’s strength is that it provides legal professionals with familiar tools to supplement the world of historical uncertainty. By accepting the premise that originalists only need to be familiar with a “subspecialty of history” or the “investigation of legal meanings,” originalism fails by facilitating mythmaking more so than fact-finding. Of course, originalism can be reformed in this respect. One …
Shifting Our Focus From Retribution To Social Justice: An Alternative Vision For The Treatment Of Pregnant Women Who Harm Their Fetuses, April L. Cherry
Shifting Our Focus From Retribution To Social Justice: An Alternative Vision For The Treatment Of Pregnant Women Who Harm Their Fetuses, April L. Cherry
Journal of Law and Health
The ways in which society responds to pregnant women whose behavior purportedly harms their fetuses can be explored from a variety of legal vantage points. This article argues that the criminal law model currently used is ineffective. The assignment of criminal liability to pregnant women is often rooted in fetal personhood and maternal deviance discourse. Criminal law solutions fail because they fail to take into account the fact that maternal behavior is often the result of a myriad of the social and economic conditions over which pregnant women have little or no control. The criminal law model, therefore, simply punishes …
Hands-Tied Hiring: How The Eeoc’S Individualized Assessment Is Taking Discretion Away From Employers’ Use Of Criminal Background Checks, Carrie Valdez
Hands-Tied Hiring: How The Eeoc’S Individualized Assessment Is Taking Discretion Away From Employers’ Use Of Criminal Background Checks, Carrie Valdez
Cleveland State Law Review
This article argues that the 2012 EEOC Guidance should not be given deference by the courts. Specifically, the Guidance’s individualized assessment, which imposes a heightened requirement on employers to justify their background check policies, is problematic in three important ways. First, the individualized assessment places an impractical burden by what it requires and whom it requires to conduct such an assessment. Second, employer liability for negligent hiring may actually increase if employers perform individualized assessments. Finally, the practical effect of the individualized assessment may be decreased employer reliance on criminal background checks, and the result will likely not be a …
Colluding Under The Radar: Achieving Collusion Through Vertical Exchange Of Information, Julia Shamir, Noam Shamir Recanati Graduate School Of Business, Tel Aviv University
Colluding Under The Radar: Achieving Collusion Through Vertical Exchange Of Information, Julia Shamir, Noam Shamir Recanati Graduate School Of Business, Tel Aviv University
Cleveland State Law Review
In the absence of antitrust regulations, rational profit-maximizing firms in an oligopoly may freely act in consort to reach a consensus and to maintain prices above the competitive level. However, in light of potential exposure to antitrust investigations and prospective heavy sanctions, firms attempt to achieve collusive outcomes without resorting to explicit agreements. One mechanism that may promote such tacit collusion is information-sharing; that is, the otherwise competing firms exchange their private information in order to set and maintain supra-competitive prices. Thus far, the attention of the antitrust authorities and scholars has focused on the phenomenon of horizontal information-sharing, i.e., …
Rules Are Meant To Be Broken: The Organ Procurement And Transplantation Network Should Allow Pediatric Transplantation Of Adult Lungs, Ciera Parish
Journal of Law and Health
This note analyzes the "Under 12 Rule" and advocates for its abolishment by examining the consequences and discrimination faced by children under the age of twelve since its enactment in 2005 as well as the benefits stemming from the allowance of using adult lungs for pediatric transplantation. Part II discusses the history of organ transplantation law and the current organ transplantation laws as they stand. Part III provides statistical data demonstrating the disparity between pediatric lung transplant candidates and adult lung transplant candidates. Part IV discusses the reasons for the implementation of the "Under 12 Rule" and analyzes the emerging …
The Award Of E-Discovery Costs To The Prevailing Party: An Analog Solution In A Digital World, Steven Baicker-Mckee
The Award Of E-Discovery Costs To The Prevailing Party: An Analog Solution In A Digital World, Steven Baicker-Mckee
Cleveland State Law Review
Against this backdrop of the spiraling cost and burden of the discovery process, an issue is percolating through the lower and intermediate courts—the recoverability of e-discovery expenses as a component of the costs awarded to the successful party under Rule 54(d). Two divergent approaches have emerged in the judicial opinions and in the limited scholarship addressing the application of Rule 54(d) to e-discovery costs. The first contingent contends that Rule 54(d) is only intended to reimburse the prevailing party for a small subset of the total costs that the party has incurred. These jurists and scholars reason that Congressional intent …
Clients Want Results, Lawyers Need Emotional Intelligence, Christine C. Kelton
Clients Want Results, Lawyers Need Emotional Intelligence, Christine C. Kelton
Cleveland State Law Review
Thinking requires emotions and emotions enhance thinking. This Article suggests that the emotionally intelligent lawyer is more likely to serve the needs of clients and the legal community than the lawyer who has less understanding of, and control over, emotions. Part II introduces two “emotionally unintelligent” lawyers, Amanda and Rick, and considers how their emotional “unintelligence” affects their new client, psychologist, Dr. Ray Randolph. Part III provides some background on the relevant research on emotional intelligence, including the history of intelligence, from general intelligence, to social intelligence, to multiple intelligences, and to emotional intelligence. Part IV defines and explores the …
Cover, Cleveland State Law Review
Table Of Contents, Cleveland State Law Review
Table Of Contents, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
Rituals Upon Celluloid: The Need For Crime And Punishment In Contemporary Film, J C. Oleson
Rituals Upon Celluloid: The Need For Crime And Punishment In Contemporary Film, J C. Oleson
Cleveland State Law Review
Most members of the public lack first-hand experience with the criminal justice system; nevertheless, they believe that they possess phenomenological knowledge about it. In large part, the public’s understandings of crime and punishment are derived from television and film, which provide modern audiences with a vision of institutions that are normally occluded from view. While public rituals of punishment used to take place on the scaffold, equivalent moral narratives about crime and punishment now occur on film because modern punishment is imposed outside of the public gaze. Yet because crime films distort what they depict, the public’s view of crime …
Pre-Dispute Arbitration Agreements, Freedom Of Contract, And The Economic Duress Defense: A Critique Of Three Commentaries, Steven W. Feldman
Pre-Dispute Arbitration Agreements, Freedom Of Contract, And The Economic Duress Defense: A Critique Of Three Commentaries, Steven W. Feldman
Cleveland State Law Review
Arbitration under the Federal Arbitration Act (FAA) is the most important topic in current contract law and commentary. The Supreme Court has issued eight merits decisions construing the FAA since 2011, the lower state and federal courts issued more than 1,000 decisions considering the FAA in 2014, and there were 81 fulllength articles, notes, and comments on arbitration in the same year. Recently, three commentators, Professor Margaret Jane Radin of the University of Michigan Law School, Professor Nancy S. Kim of the California Western School of Law, and former Lecturer in Law James P. Dawson of the Yale Law School, …
Introduction: Issues Of Reproductive Rights: Life, Liberty & The Pursuit Of Policy, Lauren Orrico, Gordon Gantt Jr.
Introduction: Issues Of Reproductive Rights: Life, Liberty & The Pursuit Of Policy, Lauren Orrico, Gordon Gantt Jr.
Journal of Law and Health
On March 7, 2014, the Journal of Law and Health of Cleveland-Marshall College of Law hosted a symposium entitled “Issues of Reproductive Rights: Life, Liberty, and the Pursuit of Policy” in response to recent developments in the regulation of women’s reproductive rights. The discussion about women’s reproductive rights has expanded far beyond the morality of abortion and right to privacy, established by the United States Supreme Court in Roe v. Wade, and has been complicated by new technology, statutory developments, and case law discussing the nature of a corporation. The symposium presenters addressed key legal developments in each stage of …
Legislating Morality Progressively - The Contraceptive Coverage Mandate, Religious Freedom, And Public Health Policy And Ethics, Michael J. Deboer
Legislating Morality Progressively - The Contraceptive Coverage Mandate, Religious Freedom, And Public Health Policy And Ethics, Michael J. Deboer
Journal of Law and Health
This Article studies the contraceptive coverage mandate from three different perspectives. First, it provides a historical treatment of the regulatory rules adopted by agencies in the Obama Administration – specifically, the Departments of the Treasury, Labor, and Health and Human Services, which this Article collectively refers to as “the Administration” or “the Departments” – that imposed the mandate, focusing specifically on the rulemaking processes used to develop and promulgate the rules. In performing this historical study, the Article traces the development of the mandate from its root in the ACA to full implementation in legislative (substantive) rules finalized by the …
Reproductive Justice, Public Policy, And Abortion On The Basis Of Fetal Impairment: Lessons From International Human Rights Law And The Potential Impact Of The Convention On The Rights Of Persons With Disabilities, Carole J. Petersen
Journal of Law and Health
This article argues that we should consider not only American constitutional law but also comparative law and emerging international human rights norms, in order to navigate the difficult issue of abortion on the basis of fetal impairment. The United States is a State Party to the International Covenant on Civil and Political Rights (ICCPR)13 and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). It is also a signatory (but not a full State Party) to several other relevant treaties, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the …
Practice What You Preach: Does The National School Lunch Program Meet Nutritional Recommendations Set By Other Usda Programs?, ‘Lizabeth Disiena
Practice What You Preach: Does The National School Lunch Program Meet Nutritional Recommendations Set By Other Usda Programs?, ‘Lizabeth Disiena
Journal of Law and Health
Part II of this Note provides a historical background of the National School Lunch Program,20 specifically analyzing the purpose, implementation, and current state of the program. Part III begins by explaining why consideration of calories plays an important role in achieving proper weight management. It then concludes with a comparison between the caloric intake requirements of the National School Lunch Program,21 and the nutritional recommendations by other USDA government health initiatives,22 and non-governmental programs.23 Finally, Part IV proposes that the National School Lunch Program24 provide nutrition options for students that appropriately consider age, gender, and activity level in determination of …
An Incomplete Pass: Inadequacies In Ohio's Youth Concussion Legislation And The Ongoing Risk For Players, Andrew J. Kane
An Incomplete Pass: Inadequacies In Ohio's Youth Concussion Legislation And The Ongoing Risk For Players, Andrew J. Kane
Journal of Law and Health
Broadly, this paper questions whether Ohio’s recently enacted youth concussion legislation adequately addresses the public health issue of sport-related brain injury, and contends that it does not. To that end, it first addresses the significance of traumatic brain injuries, including concussions, explaining that the failure to protect youth athletes from these potentially fatal conditions has largely resulted from a lack of awareness of their influence on neurological functions, and of their potential to cause serious brain injury. Next, this paper examines several legislative responses enacted by other states, all of which were in place before Ohio’s, and compares the recently …
Striking The Soda Ban: The Judicial Paralysis On The Department Of Health, Alana Sivin
Striking The Soda Ban: The Judicial Paralysis On The Department Of Health, Alana Sivin
Journal of Law and Health
Media coverage surrounding the New York City Department of Health’s recent portion-cap on sugary beverages sold in food service establishments tends to focus on public opinions regarding the role of government. Within this dialogue, there are two camps. On one hand lies the opposition; these individuals criticize the Department of Health as a “nanny state” involving itself with individual consumption choices. On the other side lay the supporters who recognize the gravity of the obesity epidemic and applaud government efforts to ameliorate its effects.
The Not So "Sweet Surprise": Lawsuits Blaming Big Sugar For Obesity-Related Health Conditions Face An Uphill Battle, Catherine Srithong Wicker
The Not So "Sweet Surprise": Lawsuits Blaming Big Sugar For Obesity-Related Health Conditions Face An Uphill Battle, Catherine Srithong Wicker
Journal of Law and Health
Because obesity and its associated health problems have been largely attributed to poor self-control, laziness, and various other personal failings, society has been unwilling to assign blame to food manufacturers for their role in contributing to this problem. But, as consumers are becoming more aware of the significantly harmful effect that poor diets can have on a person’s heath, the scales may be tipping in favor of bringing “Big Food” to court. Food manufacturers, however, are not exactly vulnerable. Armed with precedent disputing the causal link between consumption of fast food and adverse health effects, judicially-created barriers to admitting epidemiologic …
Legal Considerations For Assisted Living Facilities, Y. Tony Yang
Legal Considerations For Assisted Living Facilities, Y. Tony Yang
Journal of Law and Health
The elderly population in the United States will expand drastically over the next few decades; indeed, the number of persons aged 65 or older is expected to swell to approximately 19 percent of the nation’s population by 2030--a staggering statistic in light of the fact that the present population of elderly people constitutes fewer than 13 percent. Largely because of this fact, long-term care for this population is becoming increasingly important. Traditionally, elderly persons who lost the ability to fully care for themselves would enter a healthcare facility known as a nursing home. However, a relatively new alternative exists in …
There's No Place Like Home: How Ppaca Falls Short In Expanding Home Care Services To The Elderly, Nick Vento
There's No Place Like Home: How Ppaca Falls Short In Expanding Home Care Services To The Elderly, Nick Vento
Journal of Law and Health
On March 23, 2010, President Barack Obama signed into law the Patient Protection and Affordable Care Act (PPACA). In an effort to rebalance states’ spending on long-term services and supports (LTSS) towards home care, PPACA created four new options under Medicaid with which states could provide home care services to their citizens. While PPACA’s creation of these four optional Medicaid HCBS programs allows states more flexibility and the capability to provide enhanced home care services to its citizens, it falls short of completely addressing the existing institutional bias in Medicaid by failing to create a mandatory Medicaid state service plan …