From Gladiators to Problem-Solvers: Connecting Conversations About Women, the Academy, and the Legal Profession

The UHF band between 470-790 MHz, currently occupied by digital ter- restrial TV (DTT) distribution in Europe, is widely regarded as a premium spectrum band for providing mobile coverage. With the exponential increase in wireless data traffic in recent years, there has been growing interests in gaining access to this spectrum band for wireless broadband services. The secondary access in TV White Space is considered as one cost-effective way to reuse the spectrum unoccupied by the primary DTT network. On the other hand, the declining influence of DTT and the converging trends of video con- sumption on TV and mobile platforms are new incentives for the regulator to reconsider the optimal utilization of the UHF broadcast band. The proposal to re-farm the UHF band for a converged content distribution network was born under theses circumstances. This thesis intends to develop a methodology for evaluating the technical performance of these options for utilizing UHF broadcast band and quantify- ing their gains in terms of achievable extra capacity and spectrum savings. For the secondary access in TV white space, our study indicates a considerable po- tential for low power secondary, which is mostly limited by the adjacent chan- nel interference generated from the densely deployed secondary devices due to the cumulative effect of multichannel interference. On the other hand, this potential does not translate directly into capacity for a WiFi-like secondary system based on CSMA/CA protocol, as the network congestion and self- interference within the secondary system has a greater impact on the network throughput than the primary interference constraint. Our study on the cellular content distribution network reveals more po- tential benefits for re-farming the UHF broadcast band and reallocating it for a converged platform. This platform is based on cellular infrastructure and can provide TV service with the same level of quality requirement as DTT by delivering the video content via either broadcast or unicast as the situa- tion dictates. We have developed a resource manage framework to minimize its spectrum requirement for providing TV service and identified a significant amount of spectrum that can be reused by the converged platform to provide extra mobile broadband capacity in urban and sparsely populated rural areas. Overall, we have arrived at the conclusion that the concept of cellular con- tent distribution in a re-farmed UHF band shows a more promising prospect than the secondary access in TV white space in the long run. Nevertheless, low power secondary is still considered as a flexible and low-cost way to exploit the underutilized spectrum in the short term, despite its uncertainty in future availability. On the other hand, the re-farming of UHF broadcast band is a long and difficult regulation process with substantial opposition from the in- cumbent.The results from this study could serve as input for future regulatory decisions on the UHF band allocation and cost-benefit analysis for deploying new systems to access this spectrum band. QC 20140609EU FP7 QUASAREU FP7 METI

Creating Stronger Diversity Initiatives in Employment Settings

This article explores the common problems associated with ineffective diversity initiatives and what steps a firm can take to cultivate a successful plan. Diversity dilemmas in the workplace have long frustrated advocates who desire not only to see greater representation of minorities and women in firms, but also that those people are integrated across the firm and accepted as valued, productive members, of the firm’s culture. Knowing how an initiative fails to achieve diversity goals and learning from successful examples will enable firms to create a better work environment, capitalize on market opportunities, and enjoy many other benefits

From Gladiators to Problem-Solvers: Connecting Conversations About Women, the Academy, and the Legal Profession

Dissatisfaction permeates the public and professional discourse about lawyers and legal education. Diverse communities within and outside the profession are engaged in multiple conversations critiquing legal education and the profession itself. These conversations, though linked in subject matter and orientation, often proceed on separate tracks. One set of conversations explicitly focuses on women and people of color, centering on their marginalization and underrepresentation in positions of power. Those concerned about race and gender exclusion often participate in separate communities of discourse. Indeed, the symposium that spawned this article framed the inquiry about higher education in terms of gender. This exclusive focus on gender created a recurring tension in writing this article that stems from the incompleteness of gender as a critical framework. This tension, resolved unsatisfactorily by focusing on gender but continually noting the relevance of the analysis to race and class, exemplifies the failure of existing inquiry to bridge the concerns of women and people of color about law, legal education, and the legal profession. A second conversation questions the appropriateness of the values and goals of the prevailing legal educational mission. Some critics charge that traditional legal education trains lawyers to focus on the short-term, purely economic interests of those in power at the expense of thorough analysis and clients’ long term interests, and without regard to the impact on third parties and the community. Other critics focus on legal education’s preoccupation with rigorous, analytical reasoning and its failure to prepare future lawyers to meet the multifaceted, transactional nature of legal practice. Yet another conversation critiques the prevailing model of legal professionalism perpetuated by the traditional law school curriculum. These critiques are both instrumental, in their questioning whether the model of the legal profession embraced by law schools adequately prepares lawyers and the legal profession to deal effectively with the challenges of the twenty-first century workplace, and normative, in their examining whether reigning models of legal professionalism are morally and ethically justifiable. This article suggests that these conversations are related, indeed, interdependent. It builds from the critique of the gladiator model as a dominant, organizing framework of legal education and lawyers’ roles to find a synergy between the goals of those seeking to include women and those seeking to revitalize the profession to meet the demands of the twenty-first century. It explores the outlines of a problem-solving orientation to lawyering and legal education that has potential to address and create a dynamic between the concerns of women and the need to reclaim the soul of the legal profession. A move from gladiator to problem-solver may brighten both the future of the legal profession and the future of women and other underrepresented groups in the legal profession

Localities as Equality Innovators

This Article thus argues that instead of regarding cities and localities that, like Seattle and Louisville, try to develop serious solutions to existing racial disparities as bad cities no different from those whose notorious policies spurred the civil rights movement of the 1950s and 1960s, we should be regarding them as potential equality innovators.” Their on-the-ground experience with the realities of race and its operation in the twenty-first century arguably places them in a better position than courts to develop innovative approaches to the structural racial inequities with which so many municipalities must grapple. Existing doctrine limits dramatically the ability of courts to confront in any meaningful way how localities and the people that inhabit them actually navigate race

Public Oversight of Public/Private Partnerships

Richard Briffault moderates this panel discussion with Jack M. Beermann, Barbara L. Bezdek, Wayne G. Hawley, Susan Sturm and Louise G. Trubek. This panel looks more directly at some of the mechanisms for accountability and monitoring, a central theme of the entire Symposium. The panelists will be talking about such issues as the role of hte courts, litigation, government agencies, monitoring procedures, community organizations, advocacy groups, and public interest lawyering in providing monitoring and accountability for the new organizations and hybrid organizations that are center stage in the era of privatization

Overcoming Resistance to Diversity in the Executive Suite: Grease, Grit, and the Corporate Tournament

Once we open the corporate governance/human resources nexus to deeper inquiry, mutual scholarly interest in diversity and discrimination follows naturally. Firms have complex motives to take nondiscrimination and the promotion of diversity seriously. First, at least certain forms of discrimination are both unlawful and socially illegitimate and hence present threats of potential liability and injury to reputation. Second, human resources demands are such that attracting and motivating a diverse workforce is a competitive imperative. At the same time, however, offsetting economic forces may exist that favor subtle forms of discrimination and hostility to diversity, even if intentional and overt racial or gender-based bias is mostly outdated. In sum, the process of promoting diversity and ending discrimination, whether to avoid liability or simply to remain competitive, is a difficult challenge faced by many firms. It demands a close look at the efficacy of the internal decisionmaking and authority structures of the firm

Make Love, Not War?: The Role of the Chorus in Kokoschka’s “Murderer Hope of Women”

In the summer of 1909, two one-acts by the twenty-three-year-old painter Oskar Kokoschka premiered in Vienna in an outdoor theatre built in the garden adjacent to the art museum as part of the second Kunstschau exhibit. The two Kunstschauen (of 1908 and 1909) were organized by Gustav Klimt and his friends in order “to expose the Viennese public to the most shocking and revolutionary forces in contemporary art,” and Kokoschka exhibited in both. The showing of Oskar Kokoschka’s art and his plays cemented his reputation as the most prominent enfant terrible of his day. These exhibitions helped ensure that, by the time he moved to Berlin in 1910, his works would become some of the key contributions to the seminal expressionist journal Der Sturm, gaining Kokoschka a place in the canon of European expressionism