Social and Behavioral Sciences Commons^™

May I Be Excused? Smith's Individualized Governmental Assessment Exception And The Hhs Mandate, Mary E. Mcmahon

Journal of Catholic Legal Studies

No abstract provided.

Recent Abortion Litigation, Martin F. Mckernan, Jr.

The Catholic Lawyer

No abstract provided.

Calvin Massey, Gentleman Farmer, Evan Tsen Lee

The University of New Hampshire Law Review

[Excerpt] “So much of Calvin’s work was intelligible as work about freedom and independence, preventing aggregations of government power that threatened individual freedom. Calvin didn’t love federalism because he had a romanticized view of statehood, he believed in it because he thought centralized power in the federal government was a bigger threat to individual freedom than states were. In most states, a tin-pot governor and amateur hour legislators just aren’t going to be as effective at coercing beliefs as an Executive Branch that contains the U.S. Treasury, the Justice Department, the FBI, and the CIA, not to mention the Pentagon …

Housing The Homeless: A Framework For Sustainable, Affordable Housing, Brianna Providence

Student Theses 2015-Present

New York City’s building stock is comprised of nearly one million structures. Buildings are responsible for unconscionable amounts of global energy, water, resources, and greenhouse gas (GHG) emissions. Thousands of buildings are annually constructed when the truth is that there is a significant stock of buildings that could stand to be rehabilitated. New green developments present an opportunity to increase efficiency while reducing energy use, resource consumption, and waste. If virgin new green developments provide the aforementioned opportunities, then it logically follows that sustainably retrofitting preexisting buildings represents an even greater opportunity to promote environmental sustainability and reduce inefficiencies. As …

The Effects Of State And Federal Mental Health Parity Laws On Working Time, Jinqi Ye

Center for Policy Research

This paper provides new empirical evidence on the impacts of state and federal mental health parity laws on related labor market outcomes, particularly working time. Implemented in the last two decades, these policies aim to eliminate differences in mental and physical health benefits among group health plans. The mandated benefits for mental health drive up the costs of providing health insurance substantially. In response, employers may avoid hiring more full-time workers, whose compensation includes health insurance, by increasing working time per worker and reliance on part-time employment. Employees may also have an incentive to increase their labor supply to qualify …

Bibliography, Editorial Board

The University of New Hampshire Law Review

This bibliography is a comprehensive list of all of Professor Calvin Massey’s scholarship. Unless otherwise indicated, each title was written exclusively by Professor Massey. We have not, however, included every edition of each title; rather, where multiple editions were published, we reference only the first edition. We have also omitted supplements written by Professor Massey to his own casebooks.

Symposium Presenters, Editorial Board

The University of New Hampshire Law Review

Listing of symposium presenters and their institutional affiliation.

Why I So Enjoyed Learning With And From Calvin Massey, Vikram David Amar

The University of New Hampshire Law Review

[Excerpt] “I am pleased and proud to participate in this tribute to Calvin Massey, with whom I had the pleasure to work and play for about two decades. When I think of Calvin—and I think of him often—I think of a generous friend, a gregarious colleague and a genuinely good man. He possessed many admirable traits, but today I want to focus on three: (1) his breadth; (2) his independent mind; and (3) his thoughtfulness.”

Calvin Massey: Gentleman And Scholar, Ashutosh Bhagwat

The University of New Hampshire Law Review

I first met Calvin Massey in person in 1994, when I joined the U.C. Hastings faculty. However, I knew of and admired Calvin’s scholarship long before that. Six years earlier, I was a law student at the University of Chicago, and a student editor at the law review. In that role, I helped cite-check and edit a major article authored by Calvin, as well as a series of short responses by Calvin and other scholars, debating the meaning and scope of the Eleventh Amendment to the U.S. Constitution. I was struck then, and continue to be amazed, by the clarity, …

Labour Protection For The Vulnerable: An Evaluation Of The Salary And Injury Claims System For Migrant Workers In Singapore, Tamera Fillinger, Nicholas Harrigan, Stephanie Chok, Amirah Amirrudin, Patricia Meyer, Meera Rajah, Debbie Fordyce

Research Collection School of Social Sciences

This research seeks to review and analyze the protections afforded to migrant workers in Singapore who bring salary and injury claims to the Ministry of Manpower for resolution. Our focus is male Work Permit holders from Bangladesh, China, and India who make up the majority of the workforce in Singapore’s construction and marine sectors. Work Permit holders are the lowest wage category of foreign workers and comprise nearly a third of the overall workforce. While these workers play an important role in building the nation, they face workplace issues that many would not associate with a modern economy.

Contesting Victimhood: A Linguistic And Legal Anthropological Analysis Of Defendant Experiences In New York’S Human Trafficking Intervention Courts, Mark T. Romig

Dissertations, Theses, and Capstone Projects

Human Trafficking Intervention Courts (HTICs) have been operating in New York City in an effort to connect victims of human trafficking to treatment programs. Unfortunately, the net that the courts cast was too wide and people who did not identify as victims of human trafficking were coerced into treatment programs that they did not need or want. Through textual discourse analysis and ethnographic observation, this paper explores the contestation of victimhood in HTICs by focusing on the experiences of defendants and how they are perceived by the police, judges, and other agents of the HTICs. Before entering the HTICs, defendants …

Jobs For Justice(S): Corruption In The Supreme Court Of India, Madhav S. Aney, Shubhankar Dam, Giovanni Ko

Research Collection School Of Economics

We investigate whether judicial decisions are affected by career concerns of judges byanalysing two questions: Do judges respond to pandering incentives by ruling in favourof the government in the hope of receiving jobs after retiring from the Court? Does thegovernment actually reward judges who ruled in its favour with prestigious jobs? To answerthese questions we construct a dataset of all Supreme Court of India cases involving thegovernment from 1999 till 2014, with an indicator for whether the decision was in its favouror not. We find that pandering incentives have a causal effect on judicial decision-making.The exposure of a judge to …

Educating Incarcerated Youth In Illinois: A Blended Learning Model, John Sonnenberg

Dissertations

The purpose of this case study was to better understand the reasons behind the apparent continued success of a blended learning educational model in place since 2012 in the Illinois Department of Juvenile Justice (IDJJ). Using a mixed methods approach, data were gathered and analyzed from a variety of records, reports, and other documentation that included: diplomas awarded, courses taken, course completion, enrollment trends, student mobility rates, GED testing information, and special education student enrollment and performance. Data were also gathered through classroom observations and individual and group interviews with the IDJJ district superintendent, principals, and teachers at six different …

Scholarly Communication And The Dilemma Of Collective Action: Why Academic Journals Cost Too Much, John Wenzler

Copyright, Fair Use, Scholarly Communication, etc.

Why has the rise of the Internet—which drastically reduces the cost of distributing information—coincided with drastic increases in the prices that academic libraries pay for access to scholarly journals? This study argues that libraries are trapped in a collective action dilemma as defined by economist Mancur Olson in The Logic of Collective Action: Public Goods and the Theory of Groups. To truly reduce their costs, librarians would have to build a shared online collection of scholarly resources jointly managed by the academic community as a whole, but individual academic institutions lack the private incentives necessary to invest in a shared …

Applying Motivational Interviewing To Parenting Act Mediation: The Promise Of The Process., Kristen M. Blankley, Lisa M. Pytlikzillig, Kathryn Speck

Lisa PytlikZillig Publications

Motivational Interviewing (MI) is a research-based method of helping people engage in behavior change. MI tools and strategies have been used successfully to help people tackle drug and alcohol addiction, weight loss, and other unhealthy behaviors. MI methods aim to uncover and support a person's desire to change while simultaneously respecting an individual's autonomy. Historically, Ml has been employed in support settings, such as counselors working with clients. In Nebraska, probation officers now employ MI practices to help encourage positive changes while still maintaining accountability if people choose not to follow the terms of their probation.

Mediation is all about …

More Public Education Needed On Changes To Ep System, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The office of Singapore’s Elected President is often misunderstood. Although it has been part of our system of institutional checks and balances since 1991, a popular misconception is that the President is a centre of political power unto itself.

Drones, Ai And Getting Undergrads Ready For Great Disruption, Tan K. B. Eugene, Thomas Menkhoff, Siew Ning Kan

Research Collection Yong Pung How School Of Law

In a joint commentary, SMU Academic Director (MSc in Innovation) and Professor of Organisational Behaviour and Human Resources (Education) Thomas Menkhoff; SMU Associate Professor of Law Eugene Tan; and SMU LKCSB Adjunct Faculty Kan Siew Ning, highlighted that the University recently launched an inter-disciplinary course on emerging technology, focusing on unmanned aerial vehicles (UAV or drones), robotics, and artificial intelligence (AI). One key learning outcome is to enable students to appreciate, in a multi-disciplinary setting, the huge business potential of emerging technology in diverse areas - such as logistics, supply chain management, transportation, search and rescue, military, and scientific studies. …

The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, Shirley P. Leyro

Dissertations, Theses, and Capstone Projects

This qualitative study explores the impact that the fear of deportation has on the lives of noncitizen immigrants. More broadly, it explores the role that immigration enforcement, specifically deportation, plays in disrupting the process of integration, and the possible implications of this interruption for immigrants and their communities. The study aims to answer: (1) how vulnerability to deportation specifically impacts an immigrant’s life, and (2) how the vulnerability to deportation, and the fear associated with it, impacts an immigrant’s degree of integration. Data were gathered through a combination of six open-ended focus group interviews of 10 persons each, and 33 …

Local Immigration Enforcement Entrepreneurship In The Punishment Marketplace, Daniel L. Stageman

Dissertations, Theses, and Capstone Projects

The contemporary neoliberal economic order plays a significant role in American social organization and policy-making. Most importantly, neoliberal ideology drives the creation and imposition of markets in public goods and services and the valorization of free market ideology in cultural life. The neoliberal ‘project of inequality’ is in turn delimited and upheld by an authoritarian system of punishment built around mass incarceration, surveillance, and an unprecedented level of social control directed at the lowest strata of American society – a group that includes both the urban underclass, and unauthorized immigrants.

This study lays out the theory of the punishment marketplace …

Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar

Dissertations, Theses, and Capstone Projects

The American Right features a well-developed—and well-heeled—infrastructure for promoting a conception of freedom as inextricable from capitalism. The American Left, by contrast, has seemed content to cede the territory, abandoning the ground of freedom for the terrain of “equality,” “justice,” “fairness,” and “prosperity.” This paper is an effort to address this asymmetry in the public discourse over the meaning of freedom. Its principal objective is to capture the vision of freedom embodied in the political and economic thought of Louis D. Brandeis, one of the American Left’s ablest expositors of freedom.

In addition, the paper has three subsidiary objectives. The …

The War On Poverty: Lawyers And Logistics, James M. Rose

The Catholic Lawyer

No abstract provided.

A Sociological Perspective Of Racism And The Supreme Court, Sidney M. Willhelm

The Catholic Lawyer

No abstract provided.

Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch

Journal of Ideology

We use the literature on race in death penalty to illustrate the hold that ideology has on researchers and journalists alike when a social issue is charged with emotional content. We note particularly how statistical evidence become misinterpreted in ways that support a particular ideology, either because of innumeracy or because—subconsciously or otherwise—one’s ideology precludes a critical analysis. We note that because white defendants are now proportionately more likely to receive the death penalty and to be executed than black defendants that the argument has shifted from a defendant-based to a victim-based one. We examine studies based on identical data …

Further Comment On People V. Belous

The Catholic Lawyer

No abstract provided.

1899, Mar. 14 - Notice Of Water Claim; J. G. Somavia; Monterey County Recorder's Office Water Rights Book A, Page 169; Salinas River; Typed Transcription And Map

Post-1872 State Water Claims

Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Salinas River and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Salinas River.

1897, Dec. 22 - Notice Of Water Claim; Salinas Valley Water Company; Monterey County Recorder's Office Water Rights Book A, Page 143; Arroyo Seco; Typed Transcription And Map

Post-1872 State Water Claims

Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Arroyo Seco and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Arroyo Seco.

1896, May 6 - Notice Of Water Claim; C. S. Abbott; Monterey County Recorder's Office Water Rights Book A, Page 123; Arroyo Seco; Typed Transcription And Map

Post-1872 State Water Claims

Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Arroyo Seco and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Arroyo Seco.

1911, June 5 - Notice Of Water Claim; Clark Colony Water Company; Monterey County Recorder's Office Water Rights Book A, Page 296; Arroyo Seco; Typed Transcription And Map

Post-1872 State Water Claims

Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Arroyo Seco and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Arroyo Seco.

1896, May 9 - Notice Of Water Claim; William K. Brown; Monterey County Recorder's Office Water Rights Book A, Page 124; Salinas River; Typed Transcription And Map

Post-1872 State Water Claims

Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Salinas River and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Salinas River.

1898, Sept. 27 - Notice Of Water Claim; I. H. Millard; Monterey County Recorder's Office Water Rights Book A, Page 158; San Antonio Creek; Typed Transcription And Map

Post-1872 State Water Claims

Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the San Antonio Creek and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the San Antonio Creek.