Law Commons^™

A Framework For A Formal Sovereign Debt Restructuring Mechanism: The Kiss Principle (Keep It Simple, Stupid) And Other Guiding Principles, Charles W. Mooney Jr.

All Faculty Scholarship

Given the ongoing work on a multilateral restructuring process for sovereign debt in the UN, consideration of the content and implementation of a sovereign debt restructuring mechanism (SDRM) is timely. The framework and content of the SDRM proposed here differs from earlier proposals in several important respects. For the classification and supermajority voting of claims in the approval a restructuring plan, it would mimic the structure and operation of the model collective action clauses (Model CACs) proposed by the International Capital Markets Association. Restructuring under a qualified sovereign debt restructuring law (QSDRL) would be guided by four principles: (i) observe …

Trends In Employment Outcomes Of Young Adults With Intellectual And Developmental Disabilities, 2006-2013, John Butterworth, Alberto Migliore, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This report summarizes the employment and economic outcomes for young adults with intellectual disabilities between 2006 and 2013 in the nation’s 50 states and the District of Columbia (DC). Data are reported separately for two age groups: 16 to 21 years old, and 22 to 30 years old. Data are from the American Community Survey (ACS), the Rehabilitation Services Administration 911 (RSA-911), and the National Core Indicators (NCI).

Ending Security Council Resolutions, Jean Galbraith

All Faculty Scholarship

The Security Council resolution implementing the Iran deal spells out the terms of its own destruction. It contains a provision that allows any one of seven countries to terminate its key components. This provision – which this Comment terms a trigger termination – is both unusual and important. It is unusual because, up to now, the Security Council has almost always either not specified the conditions under which resolutions terminate or used time-based sunset clauses. It is important not only for the Iran deal, but also as a precedent and a model for the use of trigger terminations in the …

Improving Lawyers’ Judgment: Is Mediation Training De-Biasing?, Douglas N. Frenkel, James H. Stark

All Faculty Scholarship

When people are placed in a partisan role or otherwise have an objective they seek to accomplish, they are prone to pervasive cognitive and motivational biases. These judgmental distortions can affect what people believe and wish to find out, the predictions they make, the strategic decisions they employ, and what they think is fair. A classic example is confirmation bias, which can cause its victims to seek and interpret information in ways that are consistent with their pre-existing views or the goals they aim to achieve. Studies consistently show that experts as well as laypeople are prone to such biases, …

Human Rights At The Border: European-Union—Moroccan Relations In The Wake Of The 2013 Migratory Policy, Anashua Dutta

Independent Study Project (ISP) Collection

Morocco’s border with the Spanish enclaves of Ceuta and Melilla has brought the country into direct relations with the European Union (EU) on the issues of border control and migration. In response to the growing human rights violations towards migrants and refugees enumerated in the Conseil Nationale des Droits de l’Homme’s (CNDH) 2013 report, King Muhammad VI passed a migratory policy that emphasized preservation of human rights within Morocco’s borders. This study examines the effects of Morocco’s relationship with the EU on the implementation of the human-rights aspects of Morocco’s 2013 migratory policy. Using the semi-structured interview approach, I will …

La Búsqueda De Una Agenda En Común: Una Mirada Feminista A Las Organizaciones Lgbti En Nicaragua, Rachel Crane

Independent Study Project (ISP) Collection

In the global context, we are amidst a rapidly changing rights landscape for people who identify as lesbian, gay, bisexual and transgender (LGBT) as more and more governments begin to recognize same-gender partnerships. This gain in LGBT rights worldwide is in no small part to the political organizing and lobbying done by LGBT-rights organizations. Nicaragua’s history with gaining LGBT rights is relatively new, as the government did not repeal the anti-sodomy law here until 2008, thus stagnating the fight for acceptance in the country. As it stands, Nicaragua has a few legal protections for LGBT people, but they continue to …

Wisconsin School For Girls Inmate Record Books: A Case Study Of Redacted Digitization, Eric Willey, Laura Farley

Faculty and Staff Publications – Milner Library

The Wisconsin School for Girls collection housed in the Wisconsin Historical Society (WHS) archives contains a variety of documents from the institution’s period of operation. Inmates who were admitted to the institution were predominately juvenile females at the time of the records’ creation; because of this, the contents of the records are protected by Wisconsin state statutes, which mandate restricted access for patrons as well as limitations on the use of the information contained within the records. This article examines how the restrictions on the collection continue to protect the privacy of the inmates and their descendants, what procedures WHS …

La Implementación De La Ley N° 26.485 En El Sector De Salud Pública En La Ciudad De Buenos Aires, Meredith Greene

Independent Study Project (ISP) Collection

A través de todos los siglos, ha existido la violencia contra las mujeres. Las causas de esta violencia son extensivas y tienen raíces en estructuras de ideología, cultura y género incrustadas en sociedades de todo el mundo. Hasta fines del siglo veinte, la violencia contra las mujeres era vista como un tema privado, de la familia, vivido puertas adentro, en forma independiente en cada hogar. Sin embargo, a través de las últimas décadas, muchos cambios ideológicos y socioculturales han trasladado el problema de la violencia contra las mujeres a la escena pública. En el año 2009, Argentina creó una ley …

Environmental Law In Madagascar: The Nagoya Protocol On Genetic Resource Use, Access And Benefit Sharing, Sarah Sanbar

Independent Study Project (ISP) Collection

The rapid expansion of the biosciences has led many to turn to nature in search of genetic resources of commercial value. Bioprospecting, or the search for plants and animals from which commercially valuable compounds can be obtained, is often a transnational activity. Four-fifths of the world’s biodiversity is found in developing countries, and those searching to exploit the biodiversity of these nations overwhelmingly tend to come from developed, wealthy countries. This asymmetry, when coupled with the lack of institutional legislative frameworks and regulation, creates a plethora of user/host conflicts. This paper seeks to examine the current state of affairs regarding …

Mutually Assured Survival: An Analysis Of Globalization’S Influence On Nuclear Disarmament, Ryan Zehner

Independent Study Project (ISP) Collection

Nuclear arms have revolutionized the ways by which human beings are able to harm one another. Omnipresent in the status quo is a nuclear tension, and whether subtly or more overtly, this tension underlies a great many international relationships. While Westphalian paranoia and neorealist power perceptions encourage populations to continue placing their faith in nuclear umbrellas and deterrence strategies, scholars and activists increasingly claim that without the realization of universal disarmament, humanity concedes to the inevitability of future nuclear detonation.

New disarmament initiatives concentrate heavily on the implications of nuclear weaponry in a sense that supersedes the security of only …

Von Fischen Im Wasser Und Andere Mediationserzählungen [Of Fish In Water And Other Mediation Stories] (In German), Nadja Alexander

Research Collection Yong Pung How School Of Law

This essay offers an international and cross-cultural perspective on mediation. It builds on the contributions to this journal issue and extends the conversation to include (1) the role of culture in mediations models and (2) the taboo topic of directive, evaluative approaches. After reviewing various taxonomies of mediation models, the author’s mediation meta model is used as a framework to analyze diverse approaches of mediation including those presented in this issue. Historical-cultural perspectives provide further layers of depth and nuance that thicken the already complex storylines of the human mediation narrative. If mediation is to succeed in attaining truly global …

Economies Of The Internet I: Intersections, Kylie Jarrett, Julia Velkova, Peter Jakobsson, Roderick Graham, David Gehring

Sociology & Criminal Justice Faculty Publications

The internet has increasingly been conceptualized as a space of economic activity. This contemporary imaginary has been particularly influenced by insights from the school of Autonomist Marxism in the foundational work of Tiziana Terranova and through the dominance of Christian Fuchs’ application of Marxist economic concepts. While this has generated great insight into the political economy of the internet, and in particular allowed for the conceptualization of user activity as labor, this approach is only one paradigm for considering the economic activities and implications of the internet. For internet research, there is also the need to move beyond the long …

Behavioral Public Choice And The Law, Gary M. Lucas Jr., Slaviša Tasić

Faculty Scholarship

Behavioral public choice is the study of irrationality among political actors. In this context, irrationality means systematic bias, a deviation from rational expectations, or other departure from economists’ conception of rationality. Behavioral public choice scholars extend the insights of behavioral economics to the political realm and show that irrational behavior is an important source of government failure. This Article makes an original contribution to the legal literature by systematically reviewing the findings of behavioral public choice and explaining their implications for the law and legal institutions. We discuss the various biases and heuristics that lead political actors to support and …

China's Nine-Dashed Map: Continuing Maritime Source Of Geopolitical Tension, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The South China Sea (SCS) is becoming an increasingly contentious source of geopolitical tension due to its significance as an international trade route, possessor of potentially significant oil and natural gas resources, China’s increasing diplomatic and military assertiveness, and the U.S.’ recent and ongoing Pacific Pivot strategy. Countries as varied as China, Taiwan, the Philippines, Indonesia and other adjacent countries have claims on this region’s islands and natural resources. China has been particularly assertive in asserting its SCS claims by creating a nine-dash line map claiming to give it de facto maritime control over this entire region without regard to …

Lasd Priority Of Ice Enforcement

Subfederal Government Responses

No abstract provided.

Lasd Response Immigration Inquiries

Subfederal Government Responses

No abstract provided.

The Developmental Effect Of State Alcohol Prohibitions At The Turn Of The 20th Century, Mary F. Evans, Eric Helland, Jonathan Klick, Ashwin Patel

All Faculty Scholarship

We examine the quasi-randomization of alcohol consumption created by state-level alcohol prohibition laws passed in the U.S. in the early part of the 20th century. Using a large dataset of World War II enlistees, we exploit the differential timing of these laws to examine their effects on adult educational attainment, obesity, and height. We find statistically significant effects for education and obesity that do not appear to be the result of pre-existing trends. Our findings add to the growing body of economic studies that examines the long-run impacts of in utero and childhood environmental conditions.

Can Simple Mechanism Design Results Be Used To Implement The Proportionality Standard In Discovery?, Jonah B. Gelbach

All Faculty Scholarship

I point out that the Coase theorem suggests there should not be wasteful discovery, in the sense that the value to the requester is less than the cost to the responder. I use a toy model to show that a sufficiently informed court could design a mechanism under which the Coasean prediction is borne out. I then suggest that the actual information available to courts is too little to effect this mechanism, and I consider alternatives. In discussing mechanisms intended to avoid wasteful discovery where courts have limited information, I emphasize the role of normative considerations.

April Miller Et Al. Vs. Kim Davis (Date Filled September 2, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, ET AL., Plaintiffs, v. KIM DAVIS, ET AL., Defendants

DISTRICT JUDGE DAVID L. BUNNING KIM DAVIS, Third-Party Plaintiff, v. STEVEN L. BESHEAR, in his official capacity as Governor of Kentucky, and WAYNE ONKST, in his official capacity as State Librarian and Commissioner, Kentucky Department for Libraries and Archives, Third-Party Defendants.

April Miller Et Al. Vs. Kim Davis (Date Filled September 1, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, et al., Plaintiffs, v. KIM DAVIS, et al., Defendants.

PLAINTIFFS’ MOTION TO HOLD DEFENDANT KIM DAVIS IN CONTEMPT OF COURT

What The Gorilla Saw: Environmental Studies And The Novel Ishmael, Ian Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

No abstract provided.

Annual Report Of The Indiana University Maurer School Of Law Digital Repository, 2014/15, Richard Vaughan

Digital Repository Annual Reports

A brief annual report documenting the use and growth of the Indiana University Maurer School of Law, Jerome Hall Law Library, Digital Repository. Highlights include lists of the most downloaded documents and a complete statistical analysis of all uploads and downloads.

Proposing A Pedigree Risk Measurement Strategy: Capturing The Intergenerational Transmission Of Antisocial Behavior In A Nationally Representative Sample Of Adults, Joesph A. Schwartz, Eric J. Connelly, Kevin M. Beaver, Joseph L. Nedelec, Michael G. Vaughn

Criminology and Criminal Justice Faculty Publications

An impressive literature has revealed that variation in virtually every measurable phenotype is the result of a combination of genetic and environmental influences. Based on these findings, studies that fail to use genetically informed modeling strategies risk model misspecification and biased parameter estimates. Twin- and adoption-based research designs have frequently been used to overcome this limitation. Despite the many advantages of such approaches, many available datasets do not contain samples of twins, siblings or adoptees, making it impossible to utilize these modeling strategies. The current study proposes a measurement strategy for estimating the intergenerational transmission of antisocial behavior (ASB) within …

The Singapore Legal System, Eugene K. B. Tan, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

The Singapore legal system is a rich tapestry of laws, institutions, values, history and culture. Like the Singapore-made quilt, each strand of the legal system is woven together to form a jurisprudential kaleidoscope bounded by a unique national identity.

The legal system will inevitably undergo tension as socio-economic and politico-legal changes unfold with increased globalisation and regionalisation. Thus, Singapore has to respond swiftly and deftly in creating new laws and institutions or adapting existing ones.

In this regard, Singapore is and has been ready and willing to learn from the legal developments taking place in foreign jurisdictions with similar aspirations. …

Lucky To Be Singaporean, Ee-Ing Ong

Research Collection Yong Pung How School Of Law

Op-ed about being Singaporean, in our historic 2015 elections.

"In the midst of our historic elections, I would like to remind Singaporeans that there remains a wider world out there. That our concerns about CPF money, high housing prices, rising income inequality, foreign workers, transportation woes, and the AHPETC saga, while important, are nonetheless First World problems. We have the luxury of arguing about them because we don’t have to worry about the fundamental problems of survival. Literally.

Thus, as we consider what we would like our country to look like in the coming years, I suggest that we first …

Breach Of Agreement Versus Vexatious, Oppressive And Unconscionable Conduct: Clarifying Their Relationship In The Law Of Anti-Suit Injunctions, Wei Yao, Kenny Chng

Research Collection Yong Pung How School Of Law

Cases warranting the grant of an anti-suit injunction can be divided into three main categories: breach of agreement, vexatious, oppressive, or unconscionable conduct, and abuse of process. A series of Singapore cases have demonstrated that the boundaries between the first two categories are ambiguous in Singapore law. This ambiguity reflects a lack of clarity about the principles underlying anti-suit injunctions and creates uncertainty as to the applicable analysis for each category. This article argues that the two categories should be distinct in kind, with both categories remaining part of the court’s equitable jurisdiction. Such an approach will provide a good …

Why Ahpetc Is A National Issue In 2015, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

With tomorrow being the last day of the hustings, the battle for the hearts and minds of 2.46 million Singaporean voters takes on greater urgency and poignancy. Any misstep by the nine political parties and their candidates at this late stage might well be game changing.

Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire

Faculty Scholarship

This paper investigates one causal mechanism that may explain why female judges on the federal appellate courts are more likely than men to side with plaintiffs in sex discrimination cases. To test whether personal experiences with inequality are related to empathetic responses to the claims of female plaintiffs, we focus on the first wave of female judges, who attended law school during a time of severe gender inequality. We find that female judges are more likely than their male colleagues to support plaintiffs in sex discrimination cases, but that this difference is seen only in judges who graduated law school …

The Problem With Words: Plain Language And Public Participation In Rulemaking, Cynthia R. Farina, Mary J. Newhart, Cheryl Blake

Cornell Law Faculty Publications

This Article, part of the special issue commemorating the fiftieth anniversary of the Administrative Conference of the United States (“ACUS”), situates ACUS’s recommendations for improving public rulemaking participation in the context of the federal “plain language” movement. The connection between broader, better public participation and more comprehensible rulemaking materials seems obvious, and ACUS recommendations have recognized this connection for almost half a century. Remarkably, though, the series of presidential and statutory plain-language directives on this topic have not even mentioned the relationship of comprehensibility to participation until very recently. In 2012, the Office of Information and Regulatory Affairs (“OIRA”) issued …

Recent Developments In International Mediation: Singapore’S Unique Approach, Josephine Hadikusumo, Eunice Chua

Research Collection Yong Pung How School Of Law

Singapore’s vibrant dispute resolution sector has been growing on the back of a significant rise in commercial transactions in Asia and a corresponding increase in the number and complexity of cross-border disputes. In particular, Singapore has achieved significant success in the field of international arbitration. Singapore has been recognised as the third most preferred seat of arbitration, after London and Geneva, and the Singapore International Arbitration Centre (“SIAC”) is the fourth most preferred arbitral institution worldwide despite being a relatively young institution. In recent years, Singapore law firms have also ranked amongst the top international arbitration practices in Asia.In order …