Law Commons^™

Stakeholderism Silo Busting, Aneil Kovvali

Articles by Maurer Faculty

The fields of antitrust, bankruptcy, corporate, and securities law are undergoing tumultuous debates. On one side in each field is the dominant view that each field should focus exclusively on a specific constituency—antitrust on consumers, bankruptcy on creditors, corporate law on shareholders, and securities regulation on financial investors. On the other side is a growing insurgency that seeks to broaden the focus to a larger set of stakeholders, including workers, the environment, and political communities. But these conversations have largely proceeded in parallel, with each debate unfolding within the framework and literature of a single field. Studying these debates together …

Liberating The Truth In Augustine’S Confessions And Douglass’ Narrative, Vincent Hanrahan

Compass: An Undergraduate Journal of American Political Ideas

In this paper, I explore how Frederick Douglass’ and St. Augustine's understanding of the corruption of God's word produced their respective achievement of freedom. In examining Augustine’s Confessions and Douglass’ Narrative, we come to understand the moral imperative of public service both thinkers promoted; the idea that individuals have a distinct social obligation to share their knowledge in a promotion of the greater good.

American Voter Turnout: The Influence Of Education Levels On Voter Participation, Jack Thomas Bunzel-Hardie

Student Scholar Symposium Abstracts and Posters

This study is intended to explore the relevant relationship between mistrust in government officials and voter turnout. Within a research article such as this, it is important to distinguish the dependent and independent factors from one another so as not to get them confused. This article identifies the growing sense of mistrust that many Americans feel towards their government officials as the independent factor while examining the relationship that voter turnout has with that growing fear, therefore making that the dependent variable. While this issue has been studied in the past there have been many new events taking place and …

Logan, Leland Hallowell, 1905-1980 (Mss 744), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 744. Correspondence and papers of Bowling Green, Kentucky attorney Leland H. Logan. Includes some personal material regarding his law practice and draft status, diaries for 1944 and 1945, and a small group of files representing his legal work, especially for the Home Owners’ Loan Corporation.

Drawing The Line Between Talent And Desire 09-23-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Open Documents And Democracy: A Political Basis For Open Document Standards

Indian Journal of Law and Technology

Modern information society depends upon an enormous variety of electronic devices in order to function on a day-to-day basis. Information and communication technology (ICT) devices are able to exchange information only if they adhere to common communication protocols, technical interfaces, and information formats. ICT standards are the blueprints enabling users to access, create, and exchange information regardless of their hardware or software choices. Increasingly, governments are establishing policies to use ICT products based on standards that adhere to principles of openness and interoperability. Academic analyses of open standards policies usually address economic and technical concerns. But technological design is also …

Influence By Intimidation: Business Lobbying In The Regulatory Process, Alex Acs, Cary Coglianese

Faculty Scholarship at Penn Carey Law

Interest group influence in the policy process is often assumed to occur through a mechanism of exchange, persuasion, or subsidy. Here, we explore how business groups may also exert influence by intimidating policymakers—a form of persuasion, but one based not on the provision of policy information but of political information. We develop a theory where a business firm lobbies a regulator to communicate political information about its capacity to commit to future influence-seeking activities that would sanction the regulator. The regulator assesses the credibility of this message by evaluating the firm’s commitment to lobbying. Guided by our theory, we present …

Inaction As A State Response To The Coronavirus Outbreak: Unconstitutionality By Omission, Antonios Kouroutakis

Seattle University Law Review SUpra

The World Health Organization on March 11 declared the novel coronavirus outbreak a pandemic. While the pandemic was spreading across the globe, governments were under pressure to respond. Still, some countries during the first wave of the pandemic, in their first reaction, did not put in place any emergency regulations. Such reaction, which was a policy option, was an intended omission as lawmakers and policy makers decided not to take action and such emergency omission was a novelty and a paradox in emergency situations. Moreover, I argue that during emergencies governments have a distinct duty to act, and I offer …

Empire And Politics In Eastern And Western Civilizations, Mortimer N.S. Sellers

All Faculty Scholarship

To speak of “empire” today is to evoke the history of China and of Rome, two great empires that vastly influenced the culture and development of half the globe. The whole world has been touched by their powerful examples, so that even someone writing, as I do, in a distant corner of North America, feels the history and influence of the Roman and Chinese empires every day. Nor are they unique. Something like “empire” has arisen wherever there was wealth and stability to support it. Rome and China had numerous rivals in the East and West who aspired to empire …

Pursuit Of The Vote: Factors Utilized In Resisting Discrimination In Democratic Elections, Matthew Nicholson

Honors Scholars Collaborative Projects

Suffrage movements make use of various social and political factors to pressure their governments to expand the scope of voting rights. Using McAdam’s political process model, I will analyze how disenfranchised groups’ use of nonviolent demonstration, appeals to international pressure, and appeals to religion, affects their success. This will also highlight patterns that emerge when groups are willing to instigate violence in pursuit of their goals. Most studies examine these variables in the context of the pursuit of independence or revolution, whereas this study focuses on groups wishing to remain within a system given their desired reforms. I will analyze …

Public Policy And Religion In The Pandemic: U.S. Constitution And The First Amendment, Stephen Covell, Diane Riggs, Cameron Borg

Modules for Teaching Pandemic Response and Religion in the USA

The following teaching module is designed for high school and college level instructors who seek to teach a lesson on the impact the COVID-19 pandemic had on the relationship between church and state. The teaching module features a lesson plan, case studies, and assignments that can be incorporated as the instructor sees fit. This teaching module was created by Western Michigan University's Department of Comparative Religion.

The Fuel For Neo-Nazism, Brandon M. Rubsamen

Global Tides

This paper attempts to explain the cause of support for far-right extremism movements in Europe. It takes a comparative approach in explaining that support by first analyzing Germany and Luxembourg. In each country, politics, history, economics, and society are explored in order to elicit a root cause. Once that main factor is found, Norway and Greece are also analyzed to see if the hypothesis holds. Political stability is hypothesized to be the root cause in far-right support in Germany (and lack thereof in Luxembourg), and the examples of Norway and Greece support this hypothesis. By comparing and contrasting aspects of …

Trump, Lawyer Regulation, And The Institutional Double Bind, Benjamin H. Barton

UTK Law Faculty Publications

Scandals, news stories, and court setbacks that would have devastated other, more traditional Presidents have seemingly only made Donald Trump’s bond with his supporters stronger. This creates a challenge when institutions try to punish anyone in Trump’s orbit. Taking action against Trump only encourages his supporters, while inaction may lessen the left’s faith in institutions and leave opponents of President Trump wondering why nothing is being done to curtail what they see as flagrant criminal contempt. This is a problem the author calls the “institutional double bind.” This Essay discusses whether there is any solution for these institutions stuck in …

Fifth-Dimensional Warfare And National Security In Canada: Situating Microdeviation Theory Within C-59: An Act Respecting National Security Matters, Hayden Slight

Theses and Dissertations (Comprehensive)

In an era of rapid technological change, the growing threat environment in the cyber dimension will continue to influence how a sovereign nation contends with attacks that can occur from any corner of the world. The growing adaptation and expansion of technology belonging to the Internet of Things (IoT) and the increasing prevalence of social media (Facebook, Twitter) has also influenced the spreading of attack surfaces that can become victim to exploitation by motivated parties including foreign states and terrorist groups. Against this backdrop, Canada’s own efforts to modernize and reinforce its own national security agencies resulted in the developing …

Enemies, Allies, And Opportunities: The Politics Of Noblewomen’S Lawsuits In Early Modern Piedmont, Catherine Ferrari

Graduate Theses, Dissertations, and Problem Reports

This dissertation considers early modern law courts as political venues in which noble families not only asserted claims to wealth, property, and inheritance but also sought to enhance their reputation and influence. By studying the archives of elite families in Piedmont from the mid-sixteenth to the mid-seventeenth centuries, I argue that noblewomen used the law to gain a political voice, defending their legal claims against other family members in highly visible conflicts in which not only their property but their standing at the court of the duke of Savoy was at stake. These women exploited legal procedures and drew on …

The Illegally Traded Elephant In The Room: Species Terrorism & Combating Illegal Wildlife Trade, Áine Dillon

Pace International Law Review

The illegal wildlife trade has been a dilemma for decades

and remains prevalent globally – international intervention is

required now. While most countries participate in the Convention

on International Trade in Endangered Species of Wild

Fauna and Flora (“CITES”), not all countries have the same approaches

to combating the illegal wildlife trade. Unique approaches

can be beneficial because each illegally traded species

requires a different response, and countries with limited resources

can also participate. However, the lack of a unified response

hinders the global fight against the illegal wildlife trade.

While traditional methods to combat crime, such as passing

laws, …

A Pioneer Of The Law & Society Movement: One Eyewitness’S Reflections, Jayanth K. Krishnan

Articles by Maurer Faculty

There is arguably no more seminal a figure in the field of law and society than Professor Marc Galanter. That a Special Issue featuring dedications to several leading academic lights would be hosted by the University of Chicago Law Review is especially significant in terms of Marc’s inclusion because Chicago is where Marc came of age as a student.

Professor Richard Abel, some years back, chronicled Marc’s educational journey in Hyde Park. As Abel tells it—and as Marc has told me over the years—after finishing his B.A. and while continuing to work on his master’s degree from Chicago, Marc enrolled …

What Is "United" About The United States?, Gary S. Lawson

Faculty Scholarship

Jack Balkin’s The Cycles of Constitutional Time aims, among other things, to preserve and promote what Jack regards as “democracy and republicanism,” understood as “a joint enterprise by citizens and their representatives to pursue and promote the public good.” My question is whether and how this normative project is possible in a world full of perceptions of social, political, and moral phenomena akin to the white dress/blue dress internet controversy of 2015. Even if Madison had the better of Montesquieu in 1788 (and that is questionable), the United States has grown dramatically since the founding era, in a patchwork, and …

Effects Of Political Versus Expert Messaging On Vaccination Intentions Of Trump Voters, Christopher Robertson, Keith Bentele, Beth Meyerson, Alexander Wood, Jacqueline Salwa

Faculty Scholarship

To increase COVID-19 vaccine uptake in resistant populations, such as Republicans, focus groups suggest that it is best to de-politicize the issue by sharing five facts from a public health expert. Yet polls suggest that Trump voters trust former President Donald Trump for medical advice more than they trust experts. We conducted an online, randomized, national experiment among 387 non-vaccinated Trump voters, using two brief audiovisual artifacts from Spring 2021, either facts delivered by an expert versus political claims delivered by President Trump. Relative to the control group, Trump voters who viewed the video of Trump endorsing the vaccine were …

The Powers Of The Inter-American Court Of Human Rights Towards The Implementation Of Gender Justice Laws At The National Level In South America, Kiana Therrien-Tomas Miss

Bridges: An Undergraduate Journal of Contemporary Connections

Although South America is earning international attention as an innovative global leader in various fields, it currently remains a nation steeped in traditional beliefs and practices. Despite prevailing laws against domestic violence, countless Latin American women proceed to be failed by the legal system. As South American society produces its own theory of gender justice, apprised by local realities and universally accepted norms, women's rights advocates and the Supreme Court can represent a decisive role in forming the discourse. Throughout this work, I aim to contemplate the powers of the Inter-American Court of Human Rights (IACHR) towards the implementation of …

The Deregulation Deception, Cary Coglianese, Natasha Sarin, Stuart Shapiro

Faculty Scholarship at Penn Carey Law

President Donald Trump and members of his Administration repeatedly asserted that they had delivered substantial deregulation that fueled positive trends in the U.S. economy prior to the COVID pandemic. Drawing on an original analysis of data on federal regulation from across the Trump Administration’s four years, we show that the Trump Administration actually accomplished much less by way of deregulation than it repeatedly claimed—and much less than many commentators and scholars have believed. In addition, and also contrary to the Administration’s claims, overall economic trends in the pre-pandemic Trump years tended simply to follow economic trends that began years earlier. …

More Than Sectarianism: How Have State And Non-State Institutions Used Violence To Form The Current Iraqi State And What Is The Effect?, Caitlyn Perkins

Honors Theses

This thesis examines the role of violence in Iraq in establishing the current Iraqi state. My chapters provide historical and theoretical context to the subject before getting into the analysis. The goal of this thesis is to show that violence in Iraq is not only caused by sectarian differences, but has been used and influenced by leaders, outside governments, and non-state institutions for personal gain and political goals at the cost of the Iraqi people.

Law School News: The View From The Statehouse 04-27-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.

Political Redistricting In The Post-Rucho Era, Robert Fisch

University of the District of Columbia Law Review

In January of 2011, the infamous “Snake by the Lake” was born.2 Stretching along the southern coast of Lake Erie, the 9th Congressional District of Ohio covers a 120 mile-long thin strip of the state.3 The district is less than one mile wide at certain locations and is considered contiguous, a state constitutional requirement for congressional districts,4 only because the “snake” passes through portions of Lake Erie.5 In creating the district, the Ohio Republican Party, the majority party in the state legislature at the time, drew the boundaries with the intent to limit the voting power of the Democrats in …

2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Wither Away State Right To Wage War Unilaterally, Giovanni Distefano

UAEU Law Journal

One only has to look into the history of international relations to realize that the use of force has been intrinsically related to the ius gentium. For example, it is quite revealing that international law, as a scientific discipline, emerged from this relation. There are also many publications from the founding fathers that are related to this branch of law and which tittles specifically mentioned the law in war. To this end, one can relate to the works of De Vitoria, Suarez, Molina, Grotius, etc. Thus, it would not be too bold to claim that the modern international order …

Look Who's Talking: Differences In Rates Of Interruptions And Proportion Of Time Used By Male And Female U.S. Courts Of Appeals Judges, Sabrina L. Collins, Molly G Baldock, Jasmyne N. Post, Elizabeth Turner

Grawemeyer Colloquium Papers

During oral arguments, attorneys are given the chance to elaborate on their written briefs and answer questions from the judges deciding the case. Studying oral arguments can be a window into the power dynamics between judges and attorneys, and can shed light onto how factors like gender may affect judicial decision-making. While a growing body of research has examined gender dynamics in oral arguments in the United States Supreme Court, no existing studies have examined whether these findings hold up in the U.S. Court of Appeals, the second highest courts in the country. We collected data on two years of …

The Future Of Materialist Constitutionalism, Robert L. Tsai

Faculty Scholarship

This is a review essay of Camila Vergara, Systemic Corruption (Princeton 2020). In this lively and important book, Vergara argues that corruption should be given a structural definition, one that connects corruption with inequality and is plebeian rather than elitist. After surveying the work of thinkers from Machiavelli to Arendt, she proposes a set of solutions grounded in the civic republican tradition.

I press several points in my essay. First, Vergara's linkage of corruption with inequality is promising, but introduces tension between a general problem (domination of the many by the few) and a more specific problem (the domination of …

Integrating Environmental Protection Into Asean Trading System, Kittinut Supsoontornkul

Dissertations & Theses

Integrating environmental protection into ASEAN trading system is pivotal for ensuring long-term economic development and environmental sustainability. Due to its resource-based economy, ASEAN's economic performance highly depends on the sustainable condition of the environment. The ASEAN approach prioritizing economic growth without environmental consideration leads to environmental degradation and economic loss. Many transboundary environmental problems in ASEAN result from unsustainable production methods aiming to maximize advantages in trade competition. There are growing international efforts in addressing production and process methods as a part of the sustainable development goal. Major trading partners of ASEAN increasingly employ unilateral environmental trade measures and environmental …