Legal Studies Commons^™

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Publications and Research

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees …

Evaluating The Facilitating Attuned Interactions (Fan) Approach: Vicarious Trauma, Professional Burnout, And Reflective Practice, Katherine Hazen, Matthew W. Carlson, Holly Hatton-Bowers, Melanie Fessinger, Jennie Cole-Mossman, Jamie Bahm, Kelli Hauptman J.D., Eve Brank, Linda Gilkerson

Center on Children, Families, and the Law: Faculty Publications

Background: This evaluation examined the use of the Facilitated Attuned Interaction (FAN) approach to reflective practice among child welfare and early childhood professionals working with vulnerable children and families.

Objective: The aims of the current evaluation were to test (a) the role of vicarious trauma in predicting professional burnout, (b) the effect of reflective practice quality in decreasing professional burnout, and (c) the ability of reflective practice quality to lessen the relationship between vicarious trauma and professional burnout.

Participants and Setting: The sample included sixty-three professionals across diverse professions including child welfare social workers, early childhood educators, and child welfare …

Law Library Blog (March 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Free Battered Texas Women: Survivor-Advocates Organizing At The Crossroads Of Gendered Violence, Disability, And Incarceration, Cathy Marston Phd

Verbum Incarnatum: An Academic Journal of Social Justice

This article recaps my symposium presentation, where I argue that feminist organizing strategies are central to healing our society and creating restorative justice from my perspective as a survivor of occupational injury, battering, and criminalization for self-defense. This includes the creation of Free Battered Texas Women. We prefer to think of ourselves as survivor-advocates who use a variety of tactics to empower ourselves, incarcerated battered women, and citizens. These strategies include pedagogy; poetry and other written forms; art; and legislative advocacy. I blend this grassroots activism with feminist disability theory, radical feminist theory, feminist ethnography, and feminist criminology.

Women In Law Leadership: Inaugural Lecture: A "Fireside Chat" With Gillian Lester 2-18-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen

School of Law Conferences, Lectures & Events

No abstract provided.

Reviewing Intergovernmental Institutions In Federal Systems: Opportunity For Cooperation, Harrison Schafer

Indiana Journal of Constitutional Design

This Article surveys intergovernmental institutions across federal states. Generally, these institutions offer meaningful cooperation for the different levels of government when addressing state problems. These institutions, however, often lack political authority to bind institutional members or implement authoritative state actions.

This Article proceeds in two general parts. First, this Article taxonomizes intergovernmental institutions across federal systems. Though few intergovernmental institutions are constitutionally mandated bodies, several federal states have enacted legislation to formalize these institutions while others simply utilize informal arrangements. This taxonomy will primarily discuss contemporary institutions within federal systems and focus exclusively on executive institutions. The taxonomy categorizes these …

توجه الخوارزمية لحل مشكلة انسياب العمل, بثينة فرحان, Hisham Al-Rawi

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

تعرض الورقة توجها جديداً لحل مشكلة انسيابية العمل الورشي . يعتمد النظام الحاسوبي المعروض على الخوارزمية الجينية وعلى تمثيل مشكلة انسياب العمل الورشي على صورة مشكلة البائع المتجول . وعلى هذا الأساس تعرض الورقة حل مشكلة جدولة الماكنة . العمل . تتطرق إلى الاختيارات المناسبة للعوامل الأساسية في الخوارزمية الجينية. أظهرت النتائج المعطاة انحيازاً شديداً نحو الجدولة المثلى .

Investigations Of Fraud, Waste, Abuse, And Corruption In The Public Sector: A Survey Of Organizational And Software-Based Aids And Obstructions, Lawrence Kom

Dissertations, Theses, and Capstone Projects

Fraud, Waste, Abuse, and Corruption present significant challenges to the efficient use of public resources and stifle government service improvement by detracting from policy development and undercutting funding for important initiatives. The purpose of this study is to better understand the aids and impediments to investigations of these offenses and provide a generalizable definition for the mission of Inspectors General, the group tasked with monitoring and addressing these offenses. This study also sought to identify the material role of software in investigations of Fraud, Waste, Abuse, and Corruption. Through a purposive sampling, 18 Inspectors General from the federal, state, and …

The Poetry Of Al-Zubair Ben Abdul Mutaleb, Dr. Abd Al-Hamid Al-Mayini

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The Poetry of Al-Zubair Ben Abdul Mutaleb

Rejection Manifestations And Creativity Essence Reading In Amal Dongle’S Poetry, Bassam Kattous

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aims to spell out the underlying principles of Amal Donguls rejectionist and explicate its active role in the process of creativity . Despite the difficulty, if not the impossibility, of separating ideology from art, which are dialectally related in criticism, this study will gave priority to the artistic aspect of rejectionist over the ideological aspect by inquiring into the essence of creativity in rejectionist, because the poeticalness of Amal’s rejectionist was not overridden by ideology or politics; rather it remained throughout his advanced artistic vision a manifestation of creativity.

Inner Control For Basic Levels Students In Amman, Yousef Mahmoud Qutami

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

As a personality variable, (Loc) is considered an important factor of individual motivation in the learning – teaching setting. It is related to other psychological factors. The aim of the study was to determine the effect of each of variable of Sex,Grade,Level of A Cademic Self – Concept and , Motivation of Learning on the Loc of school student in Amman City . To achieve the objectives of the study the researcher used three Arabized and developed Measures : Measures of Academic self – concept , Measure of Learning Motivation, and Measure of Locus of control. Analysis of variance ANOVA …

Names And Namings The Thematic And Symbolic Significance Of Names In Three Selected Modern American Short Stories_X000d_, Marwan Obeidat

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

In the modern American short story the name of a character often illuminates certain associations—symbolic and otherwise. As the title reveals, it is the purpose of this paper to briefly analyze the significance of certain names in three selected American short stories written after World short stories written after world war I to see how, and in what capacity, names of characters contribute to the thematic and symbolic subtlety of the works in which they appear, and simultaneously to see how they help us understand the human character themselves. I have thus sharply limited myself to a selected aspect of …

Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger

Touro Law Review

No abstract provided.

A Bibliography Of University Of Nebraska College Of Law Faculty Scholarship 2014-2018, Stefanie S. Pearlman, Keelan A. Weber

Marvin and Virginia Schmid Law Library: Faculty Publications

This bibliography lists faculty scholarship from 2014-2018. It updates A Bibliography of University of Nebraska College of Law Faculty Scholarship 1892–2013. This bibliography includes publications from law, law library, and law clinical faculty. It also includes assistant deans, faculty with courtesy appointments at the College of Law, and visiting faculty teaching at the College of Law for three or more years. Although we did not include the scholarship of faculty who visited for less than three years or adjunct faculty, we did include a list of those faculty members for historical purposes.

Contents:

Bibliography of Law Faculty Scholarship, 2014-2018 …

The Cyberworld And Human Trafficking: A Double-Edged Sword, Bridget Dukes

Cybersecurity Undergraduate Research Showcase

This report examines the advantages and disadvantages associated with the growth of technology within the United States, specifically how technology, digital literacy, and cybersecurity can be used to both facilitate and combat sex trafficking and sexual exploitation on the Internet. The first part of the report addresses trafficking statistics in the United States, as well as legal intervention the country has taken against this epidemic, including an explanation of the Trafficking Victims Prevention Act and the FOSTA-SESTA bill. The second part of the report addresses the online recruitment of buyers and sellers, as well as how the use of open-source …

The Undeserving Rich: Can They Be Redeemed? Policy Options For Curbing Illegal Wealth, James F. Gilsinan, James E. Fisher, Muhammad Islam, Henry Ordower, Wassim Shahin

All Faculty Scholarship

Purpose – The purpose of this study is to examine the efficacy of various policy options for curbing the accumulation of illegal wealth and suggest ways to close the increasing wealth inequality gap.

Design/methodology/approach – The paper begins with a historical/literary analysis of the place of wealth in American Society and the ambivalent cultural attitudes toward wealth. Different policy approaches that seek to limit wealth inequality and the illegal accumulation of wealth are then examined. Finally, the current policy climate in the USA is reviewed to determine the likelihood of meaningful reform.

Findings – In Europe, the BASEL accords show …

Judging Risk, Brandon L. Garrett, John Monahan

Faculty Scholarship

Risk assessment plays an increasingly pervasive role in criminal justice in the United States at all stages of the process, from policing, to pre-trial, sentencing, corrections, and during parole. As efforts to reduce incarceration have led to adoption of risk-assessment tools, critics have begun to ask whether various instruments in use are valid and whether they might reinforce rather than reduce bias in criminal justice outcomes. Such work has neglected how decisionmakers use risk-assessment in practice. In this Article, we examine in detail the judging of risk assessment and we study why decisionmakers so often fail to consistently use such …

The Costs And Benefits Of Forensics, Brandon L. Garrett

Faculty Scholarship

Supreme Court Justice Louis Brandeis famously wrote that states can be laboratories for experimentation in law and policy. Disappointingly, however, the actual laboratories that states and local governments run are not a home for experimentation. We do not have adequate information about either the costs or the benefits of forensic testing or allocation of resources. Increased spending and expansion of crime laboratories has perversely accompanied growing backlogs. Poor quality control has resulted in a series of audits and even closures of crime laboratories. In response to these problems, however, some laboratories and some entire states have developed new approaches toward …

Mandatory, Fast, And Fair: Case Outcomes And Procedural Justice In A Family Drug Court, Melanie Fessinger, Katherine Hazen, Jamie Bahm, Jennie Cole-Mossman, Roger Heideman, Eve Brank

Center on Children, Families, and the Law: Faculty Publications

Objectives: Problem-solving courts are traditionally voluntary in nature to promote procedural justice and to advance therapeutic jurisprudence. The Family Treatment Drug Court (FTDC) in Lancaster County, Nebraska, is a mandatory dependency court for families with allegations of child abuse or neglect related to substance use. We conducted a program evaluation examining parents’ case outcomes and perceptions of procedural justice to examine whether a mandatory problem-solving court could replicate the positive outcomes of problem-solving courts. Methods: We employed a quasi-experimental design that compared FTDC parents to traditional dependency court parents (control parents). We examined court records to gather court orders, compliance …

Salary History And The Equal Pay Act: An Argument For The Adoption Of “Reckless Discrimination” As A Theory Of Liability, Kate Vandenberg

Northwestern Journal of Law & Social Policy

The Equal Pay Act (EPA) purports to prohibit employers from paying female employees less than male employees with similar qualifications; however, the affirmative defenses provided in the EPA are loopholes that perpetuate the gender pay gap. In particular, the fourth affirmative defense allows for wage differentials based on a “factor other than sex.” Many federal circuits have read this defense broadly to include wage differentials based on salary history. That is, an employer can pay a female employee less than her male counterparts because she was paid less by her previous employer. While salary history was once viewed as an …

Stepping Into The Shoes Of The Department Of Justice: The Unusual, Necessary, And Hopeful Path The Illinois Attorney General Took To Require Police Reform In Chicago, Lisa Madigan, Cara Hendrickson, Karyn L. Bass Ehler

Northwestern Journal of Law & Social Policy

No abstract provided.

A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips

Northwestern Journal of Law & Social Policy

No abstract provided.

In Defense Of The Cy-Pres-Only Class Action, Robert G. Bone

Lewis & Clark Law Review

Cy pres is frequently used to dispose of class action settlement funds, yet it is one of the most controversial aspects of class action practice. Perhaps the most contested use of cy pres is what I call the “cy-pres-only class action”: a settlement class action in which the judge certifies a class and approves a settlement that expressly provides for a third-party charity to receive all the settlement funds. In these cases, the judge exercises her judicial power to enable a lawsuit that compensates a third party who does not have legal rights at stake and does so without providing …

Battle Of The Sexes: A History Of Social Change And A Solution For Maintaining A Child’S Best Interest In Light Of The #Metoo Movement, Jackie Calvert

Indiana Journal of Law and Social Equality

No abstract provided.

Families Belong Together: The Path To Family Sanctity In Public Housing, Mckayla Stokes

Northwestern Journal of Law & Social Policy

In its 2015 landmark civil rights decision in Obergefell v. Hodges, the Supreme Court finally held that the Equal Protection and Due Process Clauses of the United States Constitution guarantee same-sex couples’ marital equality. The Court’s unprecedented declaration that the right to marry is a fundamental right under the Due Process Clause strengthened married couples’ right to privacy because it subjects government actions infringing on marital unions to heightened scrutiny. The Supreme Court has the option to minimize the impact of Obergefell by interpreting the right to marriage very narrowly—as only encompassing the right to enter into a state-recognized union …

The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs

Northwestern Journal of Law & Social Policy

No abstract provided.

Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?

Northwestern Journal of Law & Social Policy

No abstract provided.

Foreword To The Symposium: Jewish Law And American Law: A Comparative Study, Samuel J. Levine

Touro Law Review

No abstract provided.

The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander

Touro Law Review

No abstract provided.

Keeping Faith With Nomos, Steven L. Winter

Touro Law Review

No abstract provided.