Impact Investing As A Form Of Lobbying And Its Corporate-Governance Effects, 2016 Columbia Law School
Impact Investing As A Form Of Lobbying And Its Corporate-Governance Effects, Andrzej Rapaczynski
Faculty Scholarship
Impact investment is attractive to many because it seems to combine support for progressive causes with an apparent commitment to the principles of a market economy. In fact, however, a rational impact investor is not simply creating demand for certain types of corporate actions; he/she is attempting to use corporate governance mechanisms to influence fiduciary decisions of the management. The cost of this tactic for the health of the capitalist economy is potentially very considerable. The American capitalist system relies heavily on a relatively fragile corporate governance arrangement in which the agency problems of a modern corporation are minimized by …
The Problem Of Appropriations Riders: The Bipartisan Budget Bill Of 2013 As A Case Study, 2016 Mitchell Hamline School of Law
The Problem Of Appropriations Riders: The Bipartisan Budget Bill Of 2013 As A Case Study, Irene Scharf
Mitchell Hamline Law Review
No abstract provided.
The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, 2016 Brooklyn Law School
The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li
Journal of Law and Policy
Political observers commonly argue that, given the unique characteristics of the Internet, democratization is an inevitability of its widespread use. The critical role that social media played in the wave of demonstrations, protests, and revolutions that swept across the Arab world in 2011 cemented this perception in the minds of many. Yet China defies this simplistic paradigm—China has been stunningly successful at constraining the political power of its Internet. We argue that the political importance of Internet technology has been overstated, particularly with respect to China. As support for this thesis, we cite recent political events in Hong Kong known …
For Judith S. Kaye, 2016 Brooklyn Law School
For Judith S. Kaye, Susan N. Herman
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
A New Proposal To Address Local Voting Discrimination, 2016 Princeton University
A New Proposal To Address Local Voting Discrimination, Cody Gray
University of Richmond Law Review
No abstract provided.
Incarceration Incentives In The Decarceration Era, 2016 Florida State University College of Law
Incarceration Incentives In The Decarceration Era, Avlana Eisenberg
Scholarly Publications
After forty years of skyrocketing incarceration rates, there are signs that a new “decarceration era” may be dawning; the prison population has leveled off and even slightly declined. Yet, while each branch of government has taken steps to reduce the prison population, the preceding decades of mass incarceration have empowered interest groups that contributed to the expansion of the prison industry and are now invested in its continued growth. These groups, which include public correctional officers and private prison management, resist decarceration-era policies, and they remain a substantial obstacle to reform.
This Article scrutinizes the incentives of these industry stakeholders …
In The Shadows Of Sunlight: The Effects Of Transparency On State Political Campaigns, 2016 University of Southern California Gould School of Law
In The Shadows Of Sunlight: The Effects Of Transparency On State Political Campaigns, Abby K. Wood, Douglas M. Spencer
Publications
In recent years, the courts have invalidated a variety of campaign finance laws while simultaneously upholding disclosure requirements. Courts view disclosure as a less-restrictive means to root out corruption while critics claim that disclosure chills speech and deters political participation. Using individual-level contribution data from state elections between 2000 and 2008, we find that the speech-chilling effects of disclosure are negligible. On average, less than one donor per candidate is likely to stop contributing when the public visibility of campaign contributions increases. Moreover, we do not observe heterogeneous effects for small donors or ideological outliers despite an assumption in First …
Holding Canada Accountable: An Evaluation Of Canada's Compliance To The United Nations Declaration On The Rights Of Indigenous Peoples, 2016 Wilfrid Laurier University
Holding Canada Accountable: An Evaluation Of Canada's Compliance To The United Nations Declaration On The Rights Of Indigenous Peoples, Jackson A. Smith
Theses and Dissertations (Comprehensive)
Compliance of human rights norms requires the application of pressure from a multitude of directions and levels. It takes individual advocacy, micro-system/organizational/community-level pressure, and macro-level pressure from other nation-states and international organizations and governance bodies. This MA study focuses on the mechanisms employed by the United Nations to monitor the compliance of signatory nation-states to the standards established in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), with particular focus on Canada. A crucial goal of this study is to translate the UN Special Rapporteur on the Rights of Indigenous Peoples (UNSRRIP), James Anaya’s, findings on the …
Binding The Enforcers: The Administrative Law Struggle Behind Pres. Obama’S Immigration Actions, 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law
Binding The Enforcers: The Administrative Law Struggle Behind Pres. Obama’S Immigration Actions, Michael Kagan
Scholarly Works
President Obama’s ambitious use of executive discretion in immigration – especially the DACA and DAPA programs – should be understood in context of a struggle within the executive branch between the President and frontline enforcement officers in the Department of Homeland Security who have actively resisted his policy agenda. The so far successful litigation by 26 states to partially halt these programs has focused on this struggle within the executive branch, rather than on the stalemate between the President and Congress over legislative immigration reform. In preliminary rulings, the federal district court and the Court of Appeals have interpreted ambiguous …
Political Dysfunction And The Election Of Donald Trump: Problems Of The U.S. Constitution's Presidency, 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law
Political Dysfunction And The Election Of Donald Trump: Problems Of The U.S. Constitution's Presidency, David Orentlicher
Scholarly Works
In this article, Professor Orentlicher examines the Constitution's design for the executive branch. He argues that by opting for a single executive rather than a multi-person executive, the Constitution causes two serious problems-it fuels the high levels of partisan polarization that we see today, and it increases the likelihood of misguided presidential decision making. Drawing on the experience in other countries with executive power shared by multiple officials, he proposes a bipartisan executive.
Binding The Enforcers: The Administrative Law Struggle Behind President Obama's Immigration Actions, 2016 University of Nevada
Binding The Enforcers: The Administrative Law Struggle Behind President Obama's Immigration Actions, Michael Kagan
University of Richmond Law Review
No abstract provided.
Protest Is Different, 2016 Vermont Law School
Protest Is Different, Jessica L. West
University of Richmond Law Review
No abstract provided.
The New Elections Clause, 2016 Barry University
Contingent Constitutionality, Legislative Facts, And Campaign Finance, 2016 Barry University
Contingent Constitutionality, Legislative Facts, And Campaign Finance, Michael T. Morley
Faculty Scholarship
No abstract provided.
Reforming The Contested Convention: Rethinking The Presidential Nomination Process, 2016 Barry University
Reforming The Contested Convention: Rethinking The Presidential Nomination Process, Michael T. Morley
Faculty Scholarship
No abstract provided.
Reforming The Contested Convention: Rethinking The Presidential Nomination Process, 2016 Barry University
Reforming The Contested Convention: Rethinking The Presidential Nomination Process, Michael T. Morley
Faculty Scholarship
No abstract provided.
Reforming The Contested Convention: Rethinking The Presidential Nomination Process, 2016 Barry University
Reforming The Contested Convention: Rethinking The Presidential Nomination Process, Michael T. Morley
Faculty Scholarship
No abstract provided.
Australians' "Right" To Be Bigoted: Protecting Minorities' Rights From The Tyranny Of The Majority, 2016 Brooklyn Law School
Australians' "Right" To Be Bigoted: Protecting Minorities' Rights From The Tyranny Of The Majority, Jillian Rudge
Brooklyn Journal of International Law
Australia’s Racial Discrimination Act (RDA) is a federal statute prohibiting behavior that offends, insults, humiliates, or intimidates people based on their race, nationality, ethnicity, or immigration status. It appropriately limits the right to freedom of expression where the exercise of that right encroaches on other, equally fundamental rights to equality and freedom from discrimination. The RDA is one of Australia’s few human rights laws focused on fighting racism. It is especially important for protecting the rights of minorities since Australia lacks a constitutional or federal bill of rights. Unfortunately, in 2014 and 2015, conservative politicians called for a repulsion of …
How Presidents Interpret The Constitution, 2016 University of Colorado Law School
How Presidents Interpret The Constitution, Harold H. Bruff
Publications
No abstract provided.
A Closer Look At Ncmp, Elected President Reforms, 2016 Singapore Management University
A Closer Look At Ncmp, Elected President Reforms, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The proposed changes to the political system continue the Government’s narrative that political reforms ought to enhance Parliament’s representativeness and increase Singaporeans’ civic participation. They reinforce the Government’s abiding belief that the political system must produce a Government with a clear mandate, demonstrated through a strong parliamentary majority, for it to govern resolutely and decisively in the long-term interests of Singapore.