391 research outputs found

    The Problem of Appropriations Riders: The Bipartisan Budget Bill of 2013 as a Case Study

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    This article tells the story of the enactment of the bill containing Section 2013. It also provides context for Congress\u27s widespread practice of inserting substantive provisions into appropriations bills, and argues that this practice is inappropriate and counterproductive. Enacted in haste, at the end of a lengthy and historically contentious legislative session plagued by threats of an unfunded government, Section 203 was slipped into a bill about a wholly different topic - keeping the government open and functioning - without input from key legislators or stakeholders. Hence, its difficulties were foreseeable. Part II of this piece offers background about the DMF and its uses, early warnings regarding security problems, and sources of identity theft other than the DMF. Part III uncovers the process of enacting Section 203, the congressional opposition to it, and the adverse consequences of Section 203\u27s enactment. The article concludes that Section 203\u27s enactment, as accomplished by bypassing congressional rules, was both misguided and a diversion from correcting profound governmental failures involving long-term fraudulent use of personal information. This enactment process threatens to exacerbate the public\u27s profound lack of confidence in Congress - the only branch created to be democratic - and to erode core democratic principles. Part VI offers theories, based in both law and equity, that challenge the current process to revive some confidence in government

    The Exclusionary Rule in Immigration Proceedings: Where it Was, Where it Is, Where it May be Going

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    The piece examines the treatment of the Fourth Amendment in immigration courts by surveying its jurisprudential history in those courts and then analyzes the judicial responses thereto. Disparities among circuit court rulings add to the confusion and unpredictability typical of Immigration Court decisions. Finally, the article discusses the difficulties raised by the divergent circuit court opinions and offers suggestions as to how we may resolve these difficulties in accordance with the Constitution\u27s requirement of fair play

    Your View: The stateless state of Caribbean residents

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    On the Caribbean island of Hispanola, shared by Haiti and the Dominican Republic, grave human rights concerns affecting those of Haitian descent living in the Dominican Republic have recently erupted. Over the years, thousands of Haitians have come to the Dominican Republic to work the farms there and provide cheap construction and other manual labor. Recently, with the economic and natural disasters that have befallen Haiti, more Haitians have been arriving in the Dominican Republic. Many have put down roots and are raising families. Today, an estimated 200,000 people born in the Dominican Republic have parents who were born in Haiti. The welcome they receive is not always warm. In fact, anti-Haitian sentiment and even physical violence against those of Haitian descent living in there is on the rise

    Living among Guatemalan Mayans is fascinating experience

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    I have just lived a dream. Five years ago I learned of a school where students of all ages could study Spanish intensively while living among the Guatemalan Mayans. Peace Accords had been signed in 1996, the government was encouraging tourism, and it was, finally, safe to visit. Why a dream? Because, 25 years ago, when I traveled through Central and South America, I promised my family I would avoid Guatemala because of the perceived was dangers. During that trip, as I met my Europeans and other who had visited, remained safe, and found it a fascinating country, I vowed to visit someday

    UMD law students travel to Haiti on fact-finding trip

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    During spring break Professor Irene Scharf, director of the Immigration Law Clinic at the UMass School of Law in Dartmouth accompanied a group of UMass law students to the Dominican Republic to engage in fact-finding about the conditions of Haitians in the country. This piece was written by Scharf and Justin Steele, executive articles editor of the UMass Law Review

    Table of Accrediting Organizations

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    This chart represents research for “ Your Mission, Should You Choose to Accept It . . . : Taking Law School Mission Statements Seriously by Irene Scharf and Vanessa Merton. We gathered information about accrediting bodies to determine the role of mission statements in accreditation standards. For each agency we answered the following questions: Must accreditation seekers have mission statements? Must these statements must be in writing? Is it required for the mission statement to include goals? For some accreditors this information was clearly stated, while the answers were more ambiguous for others. The website for each accreditor is included in this chart as a permanent link

    Your Mission, Should You Choose to Accept It: Taking Law School Mission Statements Seriously

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    A law school can best achieve excellence and have the most effective academic program when it possesses a clear mission, a plan to achieve that mission, and the capacity and willingness to measure its success or failure. Absent a defined mission and the identification of attendant student and institutional outcomes, a law school lacks focus and its curriculum becomes a collection of discrete activities without coherence

    Table of Law School Mission Statements

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    This chart represents research for “ Your Mission, Should You Choose to Accept It . . . : Taking Law School Mission Statements Seriously by Irene Scharf and Vanessa Merton. To identify whether a school had a mission statement and, if so, what it encompassed, we largely followed the process described by Professor Organ in Missing Missions: Further Reflections on Institutional Pluralism (or its Absence), 60 J. LEGAL EDUC. 157, 160-161 (2010): The search process involved several steps. We checked the law school webpage to see if it had a link to “Mission.” We checked the “About” link to see if the description of the law school referenced the school’s mission. We checked the “Dean’s Message” or the “Dean’s Welcome” to try to identify all law schools that clearly highlighted a mission statement. We checked the “Academics” page and the “Admissions” page. We also used the search link on the school’s webpage entering the words “mission” and “strategic plan.” While many law schools have a “mission” that is clearly defined as a “mission” or “vision,” others were less explicit, but nonetheless described the school’s “aims” or “purpose” or “commitment,” which we deemed sufficient to qualify as a mission statement. A mere description of the law school or what the law school does or is or what the law school provides students was deemed insufficient to constitute a mission

    Contextual variety, Internet-of-things and the choice of tailoring over platform : mass customisation strategy in supply chain management

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    This paper considers the implications for Supply Chain Management from the development of the Internet of Things (IoT) or Internet Connected Objects (ICO). We focus on the opportunities and challenges arising from consumption data as a result of ICO and how this can be translated into a provider’s strategy of offering different varieties of products. In our model, we consider two possible strategies: tailoring strategy and platform strategy. Tailoring strategy implies that a provider produces multiple varieties of a product that meet consumers’ needs. Platform strategy depicts the provider’s actions in offering a flexible and standardised platform which enables consumers’ needs to be met by incorporating personal ICO data onto various customisable applications independently produced by other providers that could be called on in context and on demand. We derive conditions under which each of the strategies may be profitable for the provider through maximising consumers’ value. We conclude by considering the implications for SCM research and practice including an extension of postponement taxonomies to include the customer as the completer of the product

    Nourishing Justice and the Continuum: Implementing a Blended Model in an Immigration Law Clinic

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    The purpose of this Article is to describe how the new Immigration Law Clinic at Southern New England School of Law has combined attention to the School\u27s mission of educating students and expanding justice by serving the community with the broader goal of addressing the continuing educational needs of recent law school graduates. The Clinic not only offers direct legal services to clients but also trains and mentors recently graduated local attorneys, who offer both pro bono client representation as well as student supervision. Through the Immigration Law Clinic, these attorneys are trained in both immigration law and clinical supervision. This dual training has enhanced the Clinic as well as provided the South Coast area of Massachusetts with attorneys trained in the types of legal issues that plague lower-income immigrants. In addition, these attorneys, now acting as clinical supervisors, allow the Clinic to admit more students, thereby providing both clinical experience to greater number of students and legal assistance to greater numbers of immigrants
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