Law Commons^™

Kengerski V. Harper: The Third Circuit Clarifies The Scope Of Title Vii's Protection For Associational Discrimination Claims, Maureen O'Kane

Villanova Law Review (1956 - )

No abstract provided.

Hartazgo: Understanding How #Yotecreo Emerged In Venezuela, Maria Corina Muskus Toro

LLM Theses

This thesis explores how digital feminist activism sparked, using as a case study #YoTeCreo movement in Venezuela. Using the FemMesh to connect feminists knowledges, nodes and entanglements together with a transnationalized intersectionality, I discuss how this digital activism occurred locally. As this topic is novel and this thesis is exploratory, I combine the theoretical framework mentioned before together with feminist qualitative methodology by interviewing the leaders of #YoTeCreo and answer my research question. I concluded that the spark of #YoTeCreo in Venezuela is a combination of different factors and it is not a transplantation of the #MeToo movement from North …

Law And Indigenous Religion: Theorizing A Complex Relationship, Kristen Elizabeth Lewis

LLM Theses

This thesis asks what preconditions are necessary to think the relation between law and Indigenous religion without marginalizing perspectives, such as those germane to Indigenous religion, that fall outside law’s frame (often figured, erroneously, as ‘objective’ and ‘neutral’). The research grounds itself in the only Supreme Court of Canada case that, to date, has involved Indigenous religious freedoms and s. 2(a) of the Canadian Charter of Rights and Freedoms (Ktunaxa Nation v British Columbia 2017 SCC) and in the very few lower court decisions that have followed in its not-unproblematic wake. Inspired by several currents of both Indigenous thought and …

Potential Risks Inherent In Robotic Process Automation, Colin L. Robinson, David Y. Chan

Journal of Vincentian Social Action

Robotic process automation (RPA) uses automation technologies to perform tasks typically performed by humans. Although such technology has been instrumental in expediting business operations and lowering costs, it has also created several risks that warrant scrutiny. When discussing the drawbacks of automation, many will point to the number of jobs lost to the influx of automation. However, there are technology risks that organizations must consider such as fraud and cybersecurity. Fraudsters may utilize RPA to commit more novel and subtle technological and cyber security fraud. Organizations may implement internal control measures to prevent or mitigate such schemes, segregation of duties, …

Consumer Boycotts In The Time Of War Crisis: An Efficient Citizenship Strategy Or A Temporary Spurt Of Solidarity, Jolanta Zralek

Journal of Vincentian Social Action

By drawing from the theory of consumer citizenship, collective activism, and consumer boycotts, this article strives to understand the nature of the current calls for consumer resistance and the following consumers’ actions that resulted from the Russian invasion of Ukraine. In particular, by utilizing Friedman’s (1991) taxonomy of boycotts, we aimed to identify the character, motives, and tools of ongoing boycotts and thus estimated their actual and probable effectiveness. The main research questions in this paper concern what type of consumer boycotts we currently observe, what the aims and motives are of current boycotting, and whether the noticed boycotting attempts …

Leveraging Next-Gen Technology For Supply Chain Security, Thomas Drape, Reginald P. Parker

Journal of Vincentian Social Action

Global supply chain disruptions continue as part of both a national and global discussion. There is a need for a greater focus on supply chain security as part of this discussion as there is an increasing amount of counterfeit parts and goods within global supply chains. While counterfeit activity is an economic burden to companies and the global market, there are also legitimate concerns on consumer safety, consumer trust and company brand management.

The aim for this paper is to identify the concern and extent of the counterfeit problem and identify the use of next-gen technologies to provide brand protection …

Sustainability Across The Supply Chain: A Case Study In The Automotive Industry, Jane Siegler, Angelyn Bidlack, Sarah Harrison

Journal of Vincentian Social Action

The United Nations Sustainable Development Goals have been widely adopted and implemented by organizations worldwide. However, with 17 goals and 169 targets, the decision on what to focus on and invest in are not trivial tasks. This research focuses on a major Tier-1 automotive supplier, here identified as CMF. With annual sales of 16 billion euros (2021), one in every three vehicles in the world is equipped with some form of CMF technology. The objective of this research was to evaluate CMF’s value chain and understand the challenges and opportunities related to the United Nations 17 Sustainability Development Goals (SDGs). …

Covid-19 And Culture: Individualism Versus Collectivism, Short-Term Versus Long-Term Orientation, And Indulgence Versus Restraint, Charles Lanier, Navpreet Pooni

Journal of Vincentian Social Action

To some degree, all social behaviors may be affected by cultural influences. So which national cultures could be positive influences or negative influences on the prevention of a contagion? (Roser et al., 2020). This paper explores regression models for predicting initial Covid-19 cases per capita by country utilizing only Hofstede’s six Cultural Dimensions (Hofstede et al., 2010).

Regression techniques were applied to develop predictive models for initial Covid-19 rates. Two proposed models were found that explained 54% and 60% of the variability in numbers of initial Covid-19 cases by country: The first model included only Individualism, and the second included …

Study Of The Impact Of Working At Home And The Fears Of Returning To Work Among Managers And Professionals Who Are In Virtual Congruent Jobs And Who Are High Growth/Achievement Oriented, Carmine Gibaldi, Gerald Cusack, Niall Hegarty

Journal of Vincentian Social Action

Using two surveys, this article examines employee opinions on working from home during the Covid-19 pandemic. In March 2020 we chronicled the experience and reactions of 478 managers and professionals to the mandate they work at home. We found that a large portion of the respondents felt no significant loss in productivity and no reduction in job satisfaction. Most of the challenges they faced had involved efforts required to establish a facilitating home working environment and disruptions in the ease of collaboration with others. The opportunities overwhelmingly focused on the benefits of having more time to rebalance their work and …

Economic Implications Of State-Wide Covid-19 Response Aggressiveness, Bryan Foltice, Michael Edward Parker

Journal of Vincentian Social Action

This paper aims to evaluate how the aggressiveness of each state’s response to the Covid-19 pandemic affected their respective economies from Q2, 2020 through Q2, 2021. In our study, we utilize the scale developed by McCann (2021, April 6), which ranks the least aggressive state response to the most aggressive state response at three different points of the pandemic. Through this methodology, we test the impact of the aggressiveness of each state governments’ response with the resulting economic impact within that state. Namely, we examine how this level of response affected each state’s unemployment rate, gross domestic product growth, and …

Building A Better Future: Restoration, Resilience, And Sustainability, Biagio Pilato, Igor Tomic

Journal of Vincentian Social Action

No abstract provided.

Toc

Journal of Vincentian Social Action

No abstract provided.

Editors

Journal of Vincentian Social Action

No abstract provided.

Cover

Journal of Vincentian Social Action

No abstract provided.

Using Real Practice Systems Resources In Practice, John M. Lande

Faculty Blogs

This post describes how mediators can use ideas and materials from the Real Practice Systems Project to better understand and improve their own mediation systems. Mediators’ practice systems are the combination of factors affecting what they do before, during, and after mediation sessions. These systems include their routine procedures and strategies for dealing with recurring challenging situations. Trainers and mediation program administrators can use this to help mediators in their programs.

Governmental Inadequacies Concerning Missing And Murdered Native American Women In The United States, Peyton Cross

Lincoln Memorial University Law Review Archive

The United State's legal system has failed Native American women for centuries. Without change, they will continue to be failed by the country's legal system until there are hardly any Native American women left for it to fail. The federal government must provide tribal law enforcement with the necessary tools and ability to properly police their reservations in order to help the women suffering from the government's historically ingrained racism. Patty A. Ferguson-Bohnee, faculty director of the Indian Legal Program and director of the Indian Legal Clinic at the Sandra Day O'Connor College of Law, and Lauren van Schilfgaarde, the …

Forming A "Brain Print:" Using Cognitive Neuroscience And Brain Imaging As An Objective Measure Of Criminal Insanity, Christos D. Strubakos

Lincoln Memorial University Law Review Archive

Fiction popularized the concept of criminal insanity. Yet, despite its popularity in the virtual world, it is rarely used in real life. The chief reason for this is that mental disorders that may inhibit a defendant's ability to form reasonable cognitive representations of reality often do not impact his ability to form a key element of a crime: the requisite mental state. Thus, the legal definition of criminal insanity refers to a mental defect that affects a defendant's ability to appreciate her actions at the time of the crime or to understand her actions are wrong. Further complicating matters is …

His Race And My Race: Fluidity And Expansion Of "Race" In A Post-Colonial Society Versus Modern-Day America, Talton (Trey) B. Dunn Iii

Lincoln Memorial University Law Review Archive

No abstract provided.

A Hierarchy Of Sovereigns Through The Limitation Of Tribal Criminal Jurisdiction, Walter W. Harding Jr.

Lincoln Memorial University Law Review Archive

Tribal criminal jurisdiction has been limited by the enactment of the Indian Bill of Rights and acts that give states criminal jurisdiction over tribal lands instead of allowing tribal nations to self-govern criminal acts that occur on their lands. Additionally, Congress has used its plenary power to erode the tribal criminal jurisdiction. The United States Constitution recognizes three sovereigns: States, Foreign Nations, and Tribal Nations. This erosion, along with United States Supreme Court decisions, created a hierarchical class of sovereignty in the sovereigns recognized by the United States Constitution, with tribal nations occupying the lowest position on this hierarchy. In …

Masthead

Tulsa Law Review

No abstract provided.

Defending A Cleric's Right To Reputation And The Sexual Abuse Scandal In The Catholic Church, Michael J. Mazza

Tulsa Law Review

No abstract provided.

Copyright Page

Tulsa Law Review

No abstract provided.

Faculty List

Tulsa Law Review

No abstract provided.

Commodifying Captivity: What Society Loses When Private Companies Do The Government's Bidding, Brianna Weiner

Lincoln Memorial University Law Review Archive

This paper discusses the societal impact of permitting private, for-profit entities to take on the government’s function of imposing and regulating punishment. Traditionally, the People choose local and government actors to punish others. The imposition of punishment by private, for-profit companies destroys the established pattern of community involvement and control. Communities have no control over which private companies are used, have little ability to oversee company functions, and have no voice in the process of holding private companies accountable. Additionally, when punishment is privatized, the offender does not feel the community’s condemnation. Instead of society benefiting from the swift hand …

Man Vs. Machine: Facial Recognition Technology Replacing Eyewitness Identifications, Stefanie M. Bowen

Lincoln Memorial University Law Review Archive

No abstract provided.

Sexual Abuse Of Female Inmates In Federal Prisons, Brenda Smith

Legislative Testimony & Comments

This Article discusses the modest aspirations of the Prison Rape Elimination Act (“PREA”) that passed unanimously in the United States Congress in 2003. The Article posits that PREA created opportunities for holding correctional authorities accountable by creating a baseline for safety and setting more transparent expectations for agencies’ practices for protecting prisoners from sexual abuse. Additionally, the Article posits that PREA enhanced the evolving standards of decency for the Eighth Amendment and articulated clear expectations of correctional authorities to provide sexual safety for people in custody.

Solving Fair Labor Standards Act Collective Action Law, Jarod S. Gonzalez

Tulsa Law Review

No abstract provided.

The Ethics Of Tort Tales: What Should Lawyers Do When Media Gets It Wrong?, Jeb Barnes, Parker Hevron

Tulsa Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

The Ncaa And The Aau: Reunited At Last In Amateur Sports Exile, Michael Duke

Tulsa Law Review

No abstract provided.