1,363 research outputs found

    A Jurisprudential Quilt of Tribal Civil Jurisdiction: An Analysis of Tribal Court Approaches to Determining Civil Adjudicatory Jurisdiction

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    In 1998, Tammy Lang embezzled approximately $8,000 from the Ho-Chunk Nation’s child daycare. Lang was a non-Indianemployed by the tribe as the Director for the Ho-Chunk Nation’s Head Start program. However, instead of supporting the children of the tribe, she abused her position to steal the tribe’s money to start her own business. The FBI declined to prosecute Lang, and the Ho-Chunk Nation could not prosecute Lang. As a result, the Ho-Chunk Nation was left with few choices: it could let this injustice stand; it could attempt recovery in state or federal court, subjecting itself to the laws of another sovereign; or the Ho-Chunk Nation could assert its sovereignty and sue Lang in its own courts.The Ho-Chunk Nation sued Lang for civil conversion in its own courts. Before the Ho-Chunk Tribal Court could render a verdict against Lang, the court had to determine it had jurisdiction, both subject-matter jurisdiction and personal jurisdiction. The Ho-Chunk Nation’s Tribal Court based subject-matter jurisdiction on the personnel manual Lang signed, which acts as the Nation’s employment law, and on Lang violating the laws and the constitution of the Nation.The court based personal jurisdiction on Lang’s employment by the nation and the mutually consented to relationship. The Ho-Chunk Nation Trial Court ordered Tammy Lang to return to the Tribe the embezzled funds and to “repay the Nation for its attorney fees for each hearing appearance.

    Judge Frank M. Coffin: An Examined Life

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    ANALISIS TINGKAT KONSUMSI IKAN DI DESA ARONGAN, KECAMATAN KUALA PESISIR, KABUPATEN NAGAN RAYA

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    One of the government's policies in encouraging economic growth from the fishery sectoris to increase fish consumption. Arongan Village, Kuala Pesisir Subdistrict, Nagan RayaRegency is one of the villages that has quite large fishery potential. The high potential offisheries is not always accompanied by a high level of fishery products consumption aswell. In this regard, accurate information is needed regarding the level of fishconsumption. In this study, the level of fish consumption was divided into threecategories, namely low, medium and high consumption levels. This study aimed todetermine the level of fish consumption and analyze the pattern of relationships of factorsthat influence the level of marine fish consumption in the Arongan Village, Kuala PesisirDistrict, Nagan Raya Regency. The analytical method used was descriptive quantitativemethod and multinomial logistic regression. The data used in this study was primary dataobtained through observation and questionnaires by taking samples based on randomsampling. There were 80 respondents. The results showed that there were 36.25% highfish consumption levels, 51.25% moderate fish consumption levels, and 12.5% low fishconsumption levels. It was also found that the variables of education, occupation, andincome simultaneously did not have a significant effect on the level of fish consumption,while partially, the variables of education, occupation and income did not have asignificant effect on the level of marine fish consumption

    Gender and Specialization in the Practice of Divorce Law

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    In the past two decades, the gender composition of the legal profession in the United States has changed dramatically. While women comprised less than five percent of the nation\u27s lawyers in 1970, the proportion of women lawyers had increased to more than 19% by the end of 1988, and roughly 40% of new lawyers each year are now women. However, the movement of women into the legal profession has not been easy. As a consequence, considerable commentary has been focused on the significant problems of sexual harassment, discrimination, and other forms of gender bias, and on such issues as the challenges of combining career and family for both women and men in the law. Far less attention has been devoted to understanding whether the entry of larger numbers of women into the profession has altered lawyer behavior, legal ideology, or legal practice. Carrie Menkel-Meadow has suggested how women may bring new assumptions, values, and voices to lawyering, possibly transforming current legal practice. Others have cautioned against underestimating the power of law school and the legal profession to homogenize orientations toward practice. In a national survey conducted more than 25 years ago, James White found that 49.8% of all female lawyers worked in domestic relations law, in contrast to 38.6% of the male lawyers. The recent increase in legal specialization has lowered that figure for both women and men (as fewer attorneys accept divorce cases as part of a general practice), yet women remain disproportionately over-represented in the divorce law field. In this Article we explore some gender-based differences (and similarities) among divorce lawyers

    Recruitment of a Large Community of Pediatricians in a Collaborative Research Project

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    To investigate the effects of an educational program on the compliance-enhancing behavior of pediatricians and the subsequent regimen adherence of their patients, it was necessary to enlist the participation of a large number of pediatric practitioners. The physicians had to be motivated to attend two evenings of tutorial training; to enroll their patients in the project; and to complete detailed study documents. Ultimately, 90 of the 97 pediatricians practicing in the community took part. The following factors are felt to have contributed to the widespread participation of the pediatricians: 1) the subject was interesting and of relevance to clinical practice; 2) the study was designed so as not to interfere with office routine; 3) major demands were not made on the patients; 4) due consideration was given to the value of the physicians' participation; and 5) communication between the investigators and the practitioners was facilitated by a liaison pediatrician.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/68140/2/10.1177_000992288902800502.pd

    Gender and Specialization in the Practice of Divorce Law

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    Lawyers, Mediation, and the Management of Divorce Practice

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    Despite a widespread assumption that divorce mediation and divorce lawyers are incompatible, lawyers do play active-if largely unexamined-roles in many mediation programs. This article reports on the work of lawyers in a state with mandatory mediation. We find that lawyers in Maine have generally embraced mediation because it helps them manage problems inherent in divorce practice. Mandated divorce mediation facilitates both settlement negotiation and trial preparation, permits client participation in decisionmaking without requiring lawyers to surrender control, provides a forum for resolving both legal and nonlegal issues, and promotes efficient case management

    Gender and Specialization in the Practice of Divorce Law

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    In the past two decades, the gender composition of the legal profession in the United States has changed dramatically. While women comprised less than five percent of the nation\u27s lawyers in 1970, the proportion of women lawyers had increased to more than 19% by the end of 1988, and roughly 40% of new lawyers each year are now women. However, the movement of women into the legal profession has not been easy. As a consequence, considerable commentary has been focused on the significant problems of sexual harassment, discrimination, and other forms of gender bias, and on such issues as the challenges of combining career and family for both women and men in the law. Far less attention has been devoted to understanding whether the entry of larger numbers of women into the profession has altered lawyer behavior, legal ideology, or legal practice. Carrie Menkel-Meadow has suggested how women may bring new assumptions, values, and voices to lawyering, possibly transforming current legal practice. Others have cautioned against underestimating the power of law school and the legal profession to homogenize orientations toward practice. In a national survey conducted more than 25 years ago, James White found that 49.8% of all female lawyers worked in domestic relations law, in contrast to 38.6% of the male lawyers. The recent increase in legal specialization has lowered that figure for both women and men (as fewer attorneys accept divorce cases as part of a general practice), yet women remain disproportionately over-represented in the divorce law field. In this Article we explore some gender-based differences (and similarities) among divorce lawyers

    "Who wants real? I want magic!" Musical Madness in _A Streetcar Named Desire_

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    In both the 1947 play and 1998 opera, A Streetcar Named Desire, both Tennessee Williams and André Previn depict the mental decline of the fragile Blanche DuBois through her desperate cries for human affection, her loss of sanity deriving from the constant struggle between male society's prescriptions for female behavior, and her own internalization of these roles. The constant clash between Blanche's thought and deed her façade of the perfect Southern belle hiding nymphomaniacal tendencies along with her rape, also contributes to her to madness. In this paper I explore Blanche's character and both Williams's and Previn's use of music to illustrate her lunacy. I then conclude with a consideration of the writings of prominent literary, theater, music, and feminist writers to show how gender roles and sexual violence serve as catalysts for the female madness manifested in A Streetcar Named Desire
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