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Articles 1 - 7 of 7
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Free Speech Versus Free Education: First Amendment Considerations In Limiting Student Athletes' Use Of Social Media, Mary Margaret Penrose
Free Speech Versus Free Education: First Amendment Considerations In Limiting Student Athletes' Use Of Social Media, Mary Margaret Penrose
Faculty Scholarship
This article considers the First Amendment implications regarding limitations placed on student athletes' use of social media. Schools have a vested interest in controlling their athletes' public expressions, whether such expressions are found in tattoos, public interviews or tweets. Like it or not, a great deal of damage can occur in "140 words or less." And, displeased student-athletes have choices. Twitter or touchdowns. Facebook from your dorm or facetime on television hitting three-pointers. While universities are generally places that encourage robust speech and debate, there are defensible, and arguably lawful, reasons why schools should limit student-athletes' use of social media. …
Foreground And Background: Environment As Site And Social Issue [Pre-Print], Susan Opotow, Jen Jack Gieseking
Foreground And Background: Environment As Site And Social Issue [Pre-Print], Susan Opotow, Jen Jack Gieseking
Faculty Scholarship
To examine how the Society for the Psychological Study of Social Issues (SPSSI) has engaged with environmental issues throughout its 75-year history, we consulted five SPSSI-based data sources. Our analysis, attentive to the larger sociopolitical contexts over time, focuses on SPSSI's attention to the physical environment, the places in which social living and interactions occur. In SPSSI's early years, social issues research was often situated within specific locales. Since 1960 and the emergence of environmental psychology and the environmental movement, SPSSI increasing focuses on environment as a social issue in its own right as well part of …
Regulatory Fictions: On Marriage And Countermarriage, Elizabeth F. Emens
Regulatory Fictions: On Marriage And Countermarriage, Elizabeth F. Emens
Faculty Scholarship
Debates about marriage currently capture much public attention. Scholars have pushed beyond the question of whether gays are worthy of marriage to ask whether marriage is worthy of gays. The present moment of questioning marriage in its current form may be brief Thus, we should take this opportunity to imagine the widest possible range of alternatives to our current marriage regime – what I call countermarriage regimes. This Essay draws on two unlikely sources of legal innovation to expand our thinking about marriage alternatives: literature and anti-gay law. Literature offers an array of countermarriage regimes, including exploding marriage, three-strikes marriage, …
Pricing Terms In Sovereign Debt Contracts: A Greek Case Study With Implications For The European Crisis Resolution Mechanism, Mitu Gulati, Stephen J. Choi, Eric A. Posner
Pricing Terms In Sovereign Debt Contracts: A Greek Case Study With Implications For The European Crisis Resolution Mechanism, Mitu Gulati, Stephen J. Choi, Eric A. Posner
Faculty Scholarship
Conventional wisdom holds that boilerplate contract terms are ignored by parties, and thus are not priced into contracts. We test this view by comparing Greek sovereign bonds that have Greek choice-of-law terms and Greek sovereign bonds that have English choice-of-law terms. Because Greece can change the terms of Greek-law bonds unilaterally by changing Greek Law, and cannot change the terms of English-law bonds, Greek-law bonds should be riskier, with higher yields and lower prices. The spread between the two types of bonds should increase when the probability of Greek default increases. Recent events allow us to test this hypothesis, and …
The Conundrum Of Covered Bonds, Steven L. Schwarcz
The Conundrum Of Covered Bonds, Steven L. Schwarcz
Faculty Scholarship
Covered bonds, which have been part of European fi nance since the time of Frederick the Great, are now being widely touted as the answer to securitization’s imperfections. There is great confusion, though, about the nature of covered bonds and their relationship to secured bond fi nancing and securitization. This article attempts to demystify covered bonds, examining how they fi t within a larger fi nancing framework, analyzing their legal rights and obligations, and comparing their costs and benefi ts. The benefi ts of covered bonds are similar to those of securitization; both can access low-cost capital market funding with …
Global Economies, Regulatory Failure, And Loose Money: Lessons For Regulating The Finance Sector From Iceland's Financial Crisis, Birgir T. Petursson, Andrew P. Morriss
Global Economies, Regulatory Failure, And Loose Money: Lessons For Regulating The Finance Sector From Iceland's Financial Crisis, Birgir T. Petursson, Andrew P. Morriss
Faculty Scholarship
Iceland was the first developed economy to fall into crisis in 2008, with the collapse of its banking sector, currency value, and economy. The collapse threw Iceland into a political crisis and provoked a serious international dispute between Iceland and Britain and the Netherlands over responsibility for the failed banks. Prior to 2008, Iceland had been treated as the poster child for deregulation; since 2008, it has been held up as the poster child for the dangers offinancial liberalization. Neither is accurate. Rather, Iceland presents a cautionary tale about the interrelationships between fiscal and monetary policy and regulatory measures. Excessive …
"European Copyright Code" – Back To First Principles (With Some Additional Detail), Jane C. Ginsburg
"European Copyright Code" – Back To First Principles (With Some Additional Detail), Jane C. Ginsburg
Faculty Scholarship
The "Wittem Group" of copyright scholars has proposed a "European Copyright Code," to "serve as an important reference tool for future legislatures at the European and national levels." Because, notwithstanding twenty years of Directives and a growing ECJ caselaw, copyright law in EU Member States continues to lack uniformity, the Wittem Group’s endeavor should be welcomed, at least as a starting point for reflection on the desirable design of an EU copyright regime. Whether or not the proposed Code succeeds in influencing national or Community legislation, it does offer an occasion to consider the nature of the rights that copyright …