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Articles 1 - 7 of 7

Full-Text Articles in Law

The King Is Dead, Patrick Mcginley Sep 2018

The King Is Dead, Patrick Mcginley

Law Faculty Scholarship

No abstract provided.


Union Improvisation: The Parent Of Social Justice, Anne M. Lofaso Jul 2018

Union Improvisation: The Parent Of Social Justice, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


Three New Metrics For Patent Examiner Activity: Office Actions Per Grant Ratio (Ogr), Office Actions Per Disposal Ratio (Odr), And Grant To Examiner Ratio (Ger), Shine Tu Jul 2018

Three New Metrics For Patent Examiner Activity: Office Actions Per Grant Ratio (Ogr), Office Actions Per Disposal Ratio (Odr), And Grant To Examiner Ratio (Ger), Shine Tu

Law Faculty Scholarship

The current metric for examiner prosecution activity is allowance rate, which is calculated by dividing the total number of allowances by the sum of the allowances and abandonments (allowance rate = total allowance/(total allowances total abandonments)). Importantly, however, allowance rates do not consider an examiner’s pending docket. Specifically, allowance rates do not fully capture if the examiner is simply writing office actions thereby prolonging prosecution or allowing cases. This study rectifies this failure by creating and analyzing a dataset that captures every active examiner’s current docket. Calculating the Office Action per Grant Ratio (OGR = Total # of Office Actions/Total …


The Compromised Right To Education, Joshua Weishart Jul 2018

The Compromised Right To Education, Joshua Weishart

Law Faculty Scholarship

No abstract provided.


Aligning Education Rights And Remedies, Joshua Weishart Jul 2018

Aligning Education Rights And Remedies, Joshua Weishart

Law Faculty Scholarship

Over the course of five decades and three waves of litigation, courts have approved remedies under the state constitutional right to education that demand more equitable and adequate funding of public schools. Scholars have urgently called for a 'fourth wave" of litigation seeking remedies beyond money: racial and socioeconomic integration, school choice, universal preschool, and teacher tenure reform, just to name a few. Desperate for progress and to escape the incessant rut of school funding battles, advocates have, in turn, initiated lawsuits seeking a broader range of remedies. If this strategy induces a fourth wave, advocates will encounter a beleaguered …


Identity-Based Conflicts In Public Policy: The Case Of Hydraulic Fracturing Policy In Pennsylvania, Alison Peck Apr 2018

Identity-Based Conflicts In Public Policy: The Case Of Hydraulic Fracturing Policy In Pennsylvania, Alison Peck

Law Faculty Scholarship

Americans are experiencing a communication crisis in public policy-a crisis that has become especially acute since the November 2016 elections. Research shows that Americans increasingly treat their policy views as constitutive of their identities and separate themselves from other groups based on these identities. New solutions are needed in the lawmaking process to soften participants' hardening of their own identities and negative characterizations of other groups. This Article studies one controversy that has proven to be entrenched, if not yet intractable, in many jurisdictions: hydraulic fracturing. The Article examines advances made by scholars of conflict resolution and peace and conflict …


Revisiting U.S. Labor Law As A Restriction To Works Councils: A Key For U.S. Global Competitiveness, Neil Bucklew, Nicholas Digiovanni Jr., Jeffery D. Houghton, Anne M. Lofaso Jan 2018

Revisiting U.S. Labor Law As A Restriction To Works Councils: A Key For U.S. Global Competitiveness, Neil Bucklew, Nicholas Digiovanni Jr., Jeffery D. Houghton, Anne M. Lofaso

Law Faculty Scholarship

Works councils, institutionalized bodies that facilitate representative communication between an employer and its employees, have expanded on a global scale in recent decades due, in large part, to their ability to increase employee representation, firm productivity and profitability, and social responsiveness. The United States has been notably absent from the global works-councils movement primarily because of an outdated, New Deal-era labor-relations system that generally prohibits these types of worker participation structures. The Authors provide a detailed overview of U.S. labor law in relation to works councils before presenting three contrasting options for increasing worker participation in the United States via …