Law Commons^™

Trending @ Rwu Law: Dean Yelnosky's Post: Jobs Data 12-22-2016, Michael Yelnosky

Law School Blogs

No abstract provided.

Work And Community Engagement: Shifting Services And Supports To Help Individuals Have The Lives They Want, Cindy Thomas, Amie Lulinski, Jennifer Sulewski, Erin Leviton, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Significant change is underway to insure that services maximize opportunities for full engagement in the community. This session includes two projects, the RRTC on Advancing Employment for Individual with IDD and the Community Life Engagement Project and panelists from MA and DC to discuss the implications of research findings on service transformation and the integration of work and non-work supports to support individuals to have full and productive lives.

'New Conversations About Integrated Employment' Webinars Shine A Fresh Light On Issues In Our Field, Melanie Jordan, Allison Cohen Hall, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This poster session highlights creative thinking about employment supports. The RRTC on Advancing Employment for Individuals with IDD has launched an interactive and dynamic webinar series with a twist ? to expose participants to new ideas, provoke reactions, and inspire them to think differently about such topics as Employment Professionals as Leaders for Change; the Real Meaning of Informed Choice; and Reframing the Benefits Conversation Around Financial Well-Being.

Provider Transformation And Integrated Employment, Jaimie Ciulla Timmons, Allison Hall, Tom Heinz

All Institute for Community Inclusion Publications

No abstract provided.

Experiencing Experiential Education: A Faculty-Student Perspective On The University Of Tennessee College Of Law's Adventure In Access To Justice Author, Robert C. Blitt

Scholarly Works

This article functions both as a brief history lesson in experiential education and as a case study of an experiential course entitled “Human Rights Practicum” offered at the University of Tennessee College of Law in 2015. After briefly discussing historical and current trends in law school reform, including the rise of experiential education within the law school curriculum and the role played by technology in this context, the article turns to explore the impetus for the Human Rights Practicum, its development and implementation, as well as the software technology used to develop its final work product, a web-based “guided interview” …

Just Cause Discipline For Social Networking In The New Guilded Age: Will The Law Look The Other Way?, William A. Herbert, Alicia Mcnally

Publications and Research

We live and work in an era with the moniker of the New Gilded Age to describe the growth in societal income inequality. The designation is not limited to evidence of the growing gap in wealth distribution, but also the sharp rise in employment without security, including contingent and part-time work. This article examines the state of workplace procedural protections against discipline as they relate to employee use of social media in the New Gilded Age. In our times, reactions to the rapid distribution of troublesome electronic communications through social networking tend to eclipse patience for enforceable workplace procedures. The …

Fact Sheet: Comparison Of Land Rights And Native Title In Nsw, New South Wales Aboriginal Land Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

3 pages

Contains footnotes

"Land Rights and Native Title in NSW"

"October 2012"

"This document has been prepared by the New South Wales Aboriginal Land Council (NSWALC) for Local Aboriginal Land Councils (LALCs) and Aboriginal communities in NSW. NSWALC acknowledges the assistance of NTSCORP Limited (NTSCORP) in the development of this Fact Sheet."--Last page

Research Brief: "Military Sexual Trauma Among Recent Veterans: Correlates Of Sexual Assault And Sexual Harassment", Institute For Veterans And Military Families At Syracuse University

Institute for Veterans and Military Families

This study examines the population prevalence of military sexual trauma among OEF/OIF-era veterans. It found that almost 41% of women and 4% of men reported a military sexual trauma, indicating a high prevalence of OEF/OIF-era veterans who have experienced an MST. In practice, servicemembers and veterans who have experienced a military sexual trauma (MST) should seek medical help, such as counseling. In policy, the Department of Defense (DoD) might continue its efforts to reduce negative repercussions often associated with reporting sexual assault or sexual harassment. Suggestions for future research include having more data on the prevalence of MST in the …

Life After Law School: A Pilot Study Examining Long-Term Outcomes Associated With Graduating Law School And The Value Of Legal Education, Accesslex Institute, Gallup

Commissioned Research

Many policymakers and leaders have been paying close attention in recent years to the near-term job placement and earnings of law school graduates, which they often declare are representative of the “value” of a law degree. Such a focus on the economic payoff of a law degree is understandable because legal education has become a more costly and leveraged endeavor. While such metrics have merit, they do not provide a holistic view of graduates’ lives or the broader benefits that legal education provides.

Religious Discrimination Based On Employer Misperception, Dallan F. Flake

Law Faculty Scholarship

This Article addresses the circuit split over whether Title VII prohibits discrimination based on an employer's misperception of an employee's religion. This is an especially critical issue because misperception-based religious discrimination is likely to increase as the United States continues to experience unprecedented religious diversification. Some courts read Title VII narrowly to preclude such claims, reasoning that the statutory text only prohibits discrimination based on an individual's actual religion. Other courts interpret the statute more expansively in concluding such claims are cognizable because the employer's intent is equally malicious in misperception and conventional discrimination cases. I argue that the statutory …

Brief For Catholic Lay Org. As Amici Curiae Supporting Appellant, Fratello V. Roman Catholic Archdiocese, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

Reply To Brief In Opposition, Melhorn V. Baltimore Washington Conf. Of United Methodist Church, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

Using The Nfl As A Model? Considering Zero Tolerance In The Workplace For Batterers, Deseriee A. Kennedy

Scholarly Works

The impact of domestic violence can increasingly be felt in the workplace, and it can adversely affect the safety and productivity of employees. Legislators and employers have begun to recognize the effect of domestic violence on employment, and many have adopted policies to protect the interests of domestic violence survivors. This article suggests that wider adoption of domestic violence policies are needed and these policies should be broadened to directly address batterers in the workplace. The article argues that employer based sanctions would increase batterer accountability and workplace safety. It uses the newly revised NFL Personal Conduct Policy as a …

Petition For Writ Of Certiorari, Melhorn V. Baltimore Washington Conf. Of United Methodist Church, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

Employment Of Graduates Of Japanese Language, Rowena G. Ward

Faculty of Law, Humanities and the Arts - Papers (Archive)

An underlying assumption behind the former Australian Federal Labor Government's 2012 Asian Century White Paper was that language skills were not only important for Australia's future engagement with its regional neighbours but would also lead to employment opportunities. Yet, little research has been undertaken into the employment of graduates with majors in languages, irrespective of the language. This paper discusses the results of an online survey on the use of their Japanese language in employment by graduates who undertook a major or a minor in Japanese language between 2008 and 2012. The results discussed here focus on the questions which …

Rejecting The Tattooed Applicant, Disciplining The Tattooed Employee: What Are The Risks?, Stephen Allred

Law Faculty Publications

In the last twenty years, there has been a significant rise in the popularity of tattoos. Once relegated to the marginal realm of sailors, motorcycle gang members, or dock workers, tattoos are now proudly displayed by NBA stars, rock artists, and film actors. Perhaps not surprisingly, American workers, particularly younger workers, have emulated their idols and obtained tattoos too—at a remarkable rate. In fact, a 2012 Harris Poll found that one in five American adults had at least one tattoo. And while increasing percentages of Americans view tattoos as acceptable (indeed, even as art), tattoos still carry a persistent stigma …

High-Quality Community Life Engagement Supports: Four Guideposts For Success (Engage: A Brief Look At Community Engagement, Issue No. 3, 2016), Jaimie Ciulla Timmons, Jennifer Sullivan Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Community Life Engagement refers to supporting people with intellectual and developmental disabilities (IDD) to access and participate in their communities outside of employment as part of a meaningful day. States and providers report growing numbers of individuals with IDD in Community Life Engagement, yet the role of services related to engagement and participation in community life has to date been largely undefined.

Furthermore, the Department of Justice’s guidance around the provision of day and employment supports in integrated settings (U.S. Department of Justice, 2014; United States v. State of Rhode Island, 2014) has illustrated the need to define and provide …

Policy And State-Level Strategies To Promote Employment (Bringing Employment First To Scale, Issue No. 3), Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

At the national level, integrated employment has become an important policy priority. Greater expectations are being placed on those charged with delivering employment supports, and disability systems are responding. However, the promise of integrated employment has yet to be realized for individuals with intellectual and developmental disabilities (IDD). The number of individuals supported in integrated employment by state IDD agencies has remained the same since 2000, participation in non-work services has grown rapidly, and promising practices for employment supports identified in the research are not widely implemented. What are the state-level strategies that can change this trajectory?

This brief: Describes …

Organizational Transformation: Guiding Principles For Community Providers (Bringing Employment First To Scale, Issue No. 6), Jaimie Ciulla Timmons, Amie Lulinski, Cindy Thomas, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

A key area of focus for our Rehabilitation Research and Training Center (RRTC) is organizational transformation, leading to improved employment outcomes for those served by community provider organizations. Community provider organizations and their staff are the primary source of day and employment supports for people with intellectual and/or developmental disabilities (IDD). Among this large provider community, variation of services and employment philosophies exists. Many believe that facility-based programs are essential for individuals with disabilities who are having difficulty getting or maintaining competitive work in the labor force, and have limited plans to expand competitive integrated employment. Others believe that all …

Who Are Employment Consultants? Characteristics Of The Workforce That Connects Job Seekers With Intellectual And Developmental Disabilities To Employment (Bringing Employment First To Scale, Issue No. 7), Oliver Lyons, Alberto Migliore, Kelly Nye-Lengerman, Derek Nord, John Butterworth, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In 1987, the Institute for Community Inclusion (ICI) at the University of Massachusetts Boston began a series of surveys aimed at providing a longitudinal description of the characteristics and service delivery provided by Community Rehabilitation Providers (CRPs)(Domin & Butterworth, 2012). Despite direct support staff comprising one of the nation’s largest labor market segments, there has been very little research into the wages and stability of that workforce (Bogenschutz, Hewitt, Nord, & Hepperlen, 2014). Additionally, most of the literature regarding employment consultants has focused on service outcomes of the individuals served. However, according to Luecking, Fabian, and Tilson (2004), “…Regardless of …

Achieving Best Practice In Employment Supports: Defining Measures Of Effectiveness (Bringing Employment First To Scale, Issue No. 4), Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

People with intellectual and developmental disabilities (IDD) are among the most likely Americans to be unemployed, live in poverty, or rely on public programs. In 2013, only 23% of working-age people with cognitive disabilities—a broad demographic category that includes individuals with IDD—were employed, compared to 72% of people without disabilities. While over 30 states have adopted an Employment First policy (a declaration that employment is the priority outcome for people with disabilities), a key challenge is ensuring that supports meet the standards for best practice. Employment supports are delivered by what we refer to as “employment consultants.” We use this …

Knowledge Translation And Support For Individuals And Families (Bringing Employment First To Scale, Issue No. 5), Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

With the persistently low competitive employment rate for working-age people with intellectual and developmental disabilities (IDD), a main focus area for the field of disability research has been on the interaction between the individual and the service system. Yet we know much less about the interaction between systems and families around employment. Family engagement is key to successful employment and life planning, often leading individuals with disabilities on the path to employment when family members serve as role models for work ethic and behavior. Family members may also provide logistical support, including coaching and advice, help with planning and organizing …

Hidden From View: Disability, Segregation And Work, Elizabeth Pendo

All Faculty Scholarship

The employment provisions of the Americans with Disabilities Act of 1990 were intended to bring working-age people with disabilities into the workplace by providing options for them to seek and gain meaningful, integrated employment. Although the ADA has made significant gains, the rate of progress in employment has been disappointing. While the lack of progress of people with disabilities in the traditional workplace has received attention, the work done by many, especially those with severe disabilities in segregated workplaces, remains hidden in sheltered workshops. This chapter explores the intersection of the concepts of disability, invisibility, and work and identifies the …

Nurturing Wings Or Clipping Them Off: The Philippine Approach To Female Labor Migration And A Potentially Redeeming Role For The Commission On Human Rights, Emily Sanchez Salcedo

Center for Business Research and Development

The large-scale migration of Filipino workers started in the 1970’s as inadequate local employment and livelihood opportunities pointed to overseas opportunities in the booming economy of oil-rich countries in the Middle East. Though initially dominated by male construction workers and seafarers, female migrant workers, mostly in the health care professions, in domestic services and in the entertainment industry, followed suit and, in the most recent available statistical report, have even slightly outnumbered the men. As of the end of 2014, 50.43% of the 2.32 million overseas Filipino workers are women. Collectively, these overseas workers sent about 27 billion dollars in …

Lifetime Disadvantage, Susan Bisom-Rapp, Malcolm Sargeant

Faculty Scholarship

Lifetime Disadvantage, Discrimination and the Gendered Workforce fills a gap in the literature on discrimination and disadvantage suffered by women at work by focusing on the inadequacies of the current law and the need for a new holistic approach. Each stage of the working life cycle for women is examined with a critical consideration of how the law attempts to address the problems that inhibit women's labor force participation. By using their model of lifetime disadvantage, the authors show how the law adopts an incremental and disjointed approach to resolving the challenges, and argue that a more holistic orientation towards …

Madonnas And Whores In The Workplace, Jessica K. Fink

Faculty Scholarship

Much has been written about “lookism” – the preferential treatment given to those who conform to societal standards of beauty. But in a recent case before the Iowa Supreme Court, a gender discrimination plaintiff alleged a sort of “reverse-lookism,” claiming that her male employer terminated her long-term employment because the employee was too physically attractive, thus tempting the employer to think about entering into an extramarital affair. To the great surprise of many who followed this case, the Iowa Supreme Court sided with the employer, declining to find him liable for gender discrimination. As one might expect, uproar ensued, with …

Fiduciary-Isms: A Study Of Academic Influence On The Expansion Of The Law, Daniel B. Yeager

Faculty Scholarship

Fiduciary law aspires to nullify power imbalances by obligating strong parties to give themselves over to servient parties. For example, due to profound imbalances of legal know-how, lawyers must as fiduciaries pursue their clients’ interests, not their own, lest clients get lost in the competitive shuffle. As a peculiar hybrid of status and contract relations, politics and law, compassion and capitalism, fiduciary law is very much in vogue in academic circles. As vogue as it is, there remains room for my “Fiduciary-isms...”, a meditation on the expansion of fiduciary law from its origins in the law of trusts through partnerships, …

Soft Skills - The Importance Of Cultivating Emotional Intelligence, Ronald E. Wheeler

Faculty Scholarship

Organizations hire people for their hard skills, but they end up firing people for their lack of soft skills. In this brief essay, Professor Wheeler, an experienced law library director and personnel manager, discusses soft skills and their importance in the workplace. He posits that emotional intelligence is the basis of what we commonly call soft skills, and although for some these skills are innate, they can be developed and sharpened over time. Wheeler uses personal anecdotes to illustrate how emotional intelligence has enhanced his own professional life.

The Local Turn; Innovation And Diffusion In Civil Rights Law, Olatunde C.A. Johnson

Faculty Scholarship

Is the future of civil rights subnational? If one is looking for civil rights innovation, much of this innovation might be happening through legislation, regulatory frameworks, and policies adopted by state and local governments. In recent years, states and cities have adopted legislation banning discrimination in housing based on the source of an individual's income, regulating the consideration of arrest or conviction in employment decisions, and prohibiting discrimination in employment based on an applicant's credit history.

This deployment of subnational power is not new to civil rights. Many of the laws and regulatory frameworks that are now core to the …