Suchergebnisse

Federal courts have consistently rejected plaintiffs' arguments that the government is liable when citizens suffer injuries at the hands of private third parties. In the context of education, there are few cases where federal courts have held that schools are liable for the injuries that students incur at the hands of private third parties. This Article puts forth a theoretical argument for schools, specifically schools operating under the governance of a state takeover district in a predominately Black school district with a predominately Black-elected school board, to be held liable for participating in disciplinary practices that are linked to the school-to-prison pipeline. The Article first traces the roots of the State-Created Danger Doctrine and then discusses the role of education reform policies in enabling the school-to-prison pipeline. Next, the Article provides a statistical analysis of three case studies in state takeover districts (Detroit, Memphis, and New Orleans). My research found no instances where the state takeover district disrupted the school-to-prison pipeline, but I discovered multiple instances where state takeover districts have exacerbated the school-to-prison pipeline. In this Article I argue that there is hope in the Sixth Circuit (Detroit and Memphis) for the use of the State-Created Danger Doctrine, which grows out of the Fourteenth Amendment's Due Process Clause, to mitigate the school-to-prison pipeline. However, the Fifth Circuit (New Orleans) appears to have foreclosed legal causes of action based on the State-Created Danger Doctrine. Finally, this Article provides a critical race critique of the school-to-prison pipeline and the few tools that Black people have to combat this form of racial subjugation in light of education reform policies.

The Financial Aspects of Doing Business in Mexico is an analysis of the accounting and operational areas involved in operating a manufacturing facility in the U.S.- Mexican border area of Mexico. The manufacturing operation is Juarmex, a wholly owned subsidiary of a U.S. company in the Apparel Industry. The purpose of this analysis is to examine the financial benefits of operating an assembly plant in Mexico, and the operational advantages and disadvantages. Accounting standards and requirements in Mexico have been examined to depict the role of the public accountant, the financial records of a Mexican corporation, the tax structure in Mexico, and foreign exchange fluctuations. The effect of U.S. Customs laws on the operations and the profitability of Juarmex through the valuation of merchandise imported into the United States from Juarmex, the imposition and collection of duties, and the accounting requirements necessary for proper filing with U.S. Customs is examined in detail. The requirements of Mexican Customs laws, although not as stringent as U.S. Customs laws, have an effect on the operation of Juarmex in the areas of import controls, and the timeliness of the movement of merchandise across the border. The primary impetus for operating in Mexico is lower labor costs than those in the United States. Salaries, wages, and fringe benefits paid by Juarmex are compared to those paid in a similar operation in the United States. A comparison of operating in Mexico versus operating in the United States provides insight into the factors involved in the production costs, and identifies lower wage rates as the primary factor contributing toward lower costs for Juarmex. Mexican labor unions, economic factors, and governmental influences are examined to show current and potential effects. A favorable manufacturing environment and operational factors provide the basis for a substantial financial benefit from operating in Mexico for an assembly operation such as Juarmex.

Illustrated essays that broaden our understanding of modernism by centering Black artists and experiences, with a contribution featuring the work of Venice Biennale Golden Lion winner Simone Leigh. In this volume, ten leading scholars examine the contradictions of modernity and Black agency that continue to define the Western art world. Illustrated essays explore the work of artists such as Roy DeCarava, Ben Enwonwu, James Hampton, Norman Lewis, Nancy Elizabeth Prophet, Augusta Savage, and Carrie Mae Weems, always with an eye toward reframing our understanding of Black artistic producers. The interdisciplinary avenues of inquiry remake the boundaries of modernist art - its notions time and again focused on the singular white male European or American artist - with another set of imperatives, ethics, and histories, broadening our understanding of the past and present of modernism. -- Yale UP website

Although globalization feels recent, questions directed at nationalism from a more worldly perspective were already being posed during the Great War. In 1916, for example, US legal scholar Randolph Bourne wrote an essay entitled "Trans-National America," in which he advocated for a cosmopolitan mixture of cultures rather than the "melting pot" that had long been promoted in the United States (BOURNE, 1916). Across the Atlantic (and within the enemy country), philosopher Franz Rosenzweig was rhapsodizing in Frankfurt about "world-historical spatial concepts" in his 1917 essay "Globus" (ROSENZWEIG, 1984). These prophetic intellectuals had no impact whatsoever on American art history, which remained, paradoxically, both provincial and fixated on Europe for at least the first half of the twentieth century, largely ignorant of universalist and transnational debates. The "global turn" happened in US art history most dramatically after the fall of Communism, when the giddy fantasy of a one-world economy galvanized thinking in the academy, spanning from the humanities to social science and political theory. This essay traces the stuttering history, and future potential, of global thinking in art history as the discipline evolved in the United States. We will begin with a brief summary of the development of the field in this country, and then review the contextual forces and historical scholarship that established the landmarks of a new art history aspiring to globality. In conclusion, we will offer a polemic: that it is with the histories of art and architecture in the Cold War that "the global" becomes a necessary analytical tool.

AbstractAn understudied aspect of the "fracking" debate involves questions and challenges associated with abandoned wells and well closure. States regulators have a variety of options when it comes to policies and financial tools related to site closure and remediation including bonds, fees, and specific legacy funds. Those advocating more robust financial programs suggest that they are necessary to mitigate risks to the public. Opponents contend that they dissuade operators from investing in older fields and add costs that are passed on to consumers. Using a novel index of state financial tools, this paper assesses why some states adopt more robust financial assurance while others do not.

This study examines the enforcement of desegregation orders mandated under state law as a result of the Supreme Court's handling of school desegregation cases at the federal level. The Article tracks the development of school desegregation cases starting shortly before Brown v. Board of Education and continues through the recent voluntary school desegregation case, Parents Involved in Community Schools v. Seattle School District No. 1. The Article establishes four distinct generations of school desegregation cases at the federal level and determines that the political tides created, in large part, by the U.S. Supreme Court's handling of federal school desegregation cases severely limited efforts to pursue state-mandated school desegregation in the state of Pennsylvania, where the Pennsylvania Human Relation Act required the state to remedy even de facto school desegregation in Philadelphia. The study reaches this conclusion after bringing to bear the fact that the Philadelphia School Desegregation Case also has four generations of court rulings, and those rulings align temporally and politically with the four generations of federal school desegregation cases.