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Theresa J. Pulley Radwan and Rebecca C. Morgan, The Elderly in Bankruptcy and Health Reform, 18 Geo. J.L. & Pub. Pol'y 1 (2010)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Welcome to the Other Side of the Railroad Tracks: A Meaningless Exclusionary Rule, 16 Southwestern Journal of International Law 299 (2010)Clicking on the button will copy the full recommended citation.
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Tim Kaye, Rights Gone Wrong: The Failure of Fundamentalist Tort Theory, 78 Miss. L.J. 931 (2010)Clicking on the button will copy the full recommended citation.
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Theresa J. Pulley Radwan and Rebecca C. Morgan, Today’s Elderly in Bankruptcy and Predictions for the Elderly of Tomorrow, 6 NAELA Journal 1 (2010)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, White-Collar Crime and the Recession: Was the Chicken or the Egg First?, 2010 U. Chi. Legal F. 205 (2010)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, International Environmental Law, 44 Int'l Law. 503 (2010)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, Extending the Vision: An Empowerment Identity Approach to Work-Family Regulation as Applied to School Involvement Leave Statutes, 16 Wm. & Mary J. Women & L. 613 (2010)Clicking on the button will copy the full recommended citation.
Using school leave legislation as the focus for analysis, this article proposes 'empowerment identity' approach to work-family legislation as an alternative or complement to the commonly used accomodation and antidiscrimination approaches. In many households, working parents struggle to meet routine demands of parenting, such as caring for a sick child or attending a child's school activity. Interestingly, one of the most common forms of state-level legislation designed to address the routine demands of parenting is school involvement leave legislation. Although state school involvement leave statutes vary widely in how and for what reasons they permit time away from work for parents to attend a child's school functions, they represent the common view that the purpose of work-family legislation is to (1) accomodate episodic parenting needs when those needs interfere with work obligations or (2) prohibit discrimination by an employer when a worker-parent requires time away from work to attend to those caregiving needs.
After analyzing exisiting school involvement leave legislation and demonstrating that this legislation takes both accomodation and antidiscrimination approaches to regulating school involvement leave, this article suggests that an alternative approach to critiquing and crafting work-family legislation, particularly school involvement leave legislation, is the empowerment identity approach. An empowerment identity apprach, adapted from organizational communication theory, frames legislation as a discursive structure in which worker-parents should be empowered to construct individualized worker-parent identities through language related action. Accordingly, after explaining the empowerment identity approach, this article concludes that school involvement leave statutes, fall short of full empowerment but have the potential to empower parents to accomplish plural, individualized, and authentic identities as both worker-parents and as important stewards of their children's educations.
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Grant Christensen, Creating Bright-Line Rules for Tribal Court Jurisdiction over Non-Indians: The Case of Trespass to Real Property, 35 American Indian Law Review 527 (2010)Clicking on the button will copy the full recommended citation.
The 2010 passage of the Tribal Law and Order Act will invest significantly more resources in tribal courts. As tribal courts expand, conflicts between sovereignties – tribal, state, and federal – are likely to occur with much greater frequency. Tribal court civil jurisdiction over non-Indians will be among the issues most frequently appealed into federal courts. I offer this piece to propose a new and novel solution; that tribal courts be extended civil jurisdiction in a piecemeal process that vests absolute tribal court jurisdiction over non-Indians for those civil offenses over which tribes have the greatest interest. This article takes one of the most common jurisdictional questions, tribal court jurisdiction over non-Indians in cases of trespass to land, and argues that a bright-line rule favoring tribal court jurisdiction in this instance is legally mandated, will pragmatically conserve judicial resources, and recognizes the broad tribal sovereignty recently reaffirmed by Congress.
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Elizabeth Ippolito Boals, State v. Peyton: Case File and Teaching Guide (1st ed., NITA, 2010)Clicking on the button will copy the full recommended citation.
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Jaclyn Lopez, BP’s Well Evaded Environmental Review: Categorical Exclusion Policy Remains Unchanged, 37 Ecology Law Currents 93 (2010)Clicking on the button will copy the full recommended citation.