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Progressive Antitrust, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

Progressive Antitrust, Herbert J. Hovenkamp

Faculty Scholarship

Several American political candidates and administrations have both run and served under the “progressive” banner for more than a century, right through the 2016 election season. For the most part these have pursued interventionist antitrust policies, reflecting a belief that markets are fragile and in need of repair, that certain interest groups require greater protection, or in some cases that antitrust policy is an extended arm of regulation. This paper argues that most of this progressive antitrust policy was misconceived, including that reflected in the 2016 antitrust plank of the Democratic Party. The progressive state is best served by a ...


Workarounds In Nonprofit Management: Counter Theory For Best Practices Innovation, Stuart C. Mendel 2017 Nonprofit Academic Centers Council

Workarounds In Nonprofit Management: Counter Theory For Best Practices Innovation, Stuart C. Mendel

Journal of Ideology

One quiet aspect of the exercise of best practices in nonprofit operations settings is that managers typically must engage in creative problem solving to accommodate exceptions or unanticipated conditions. Problem solving may be perceived as situational until the frequency of the “workarounds” give pause to decision-makers, leading some to challenge the validity of the best practice. This essay uses inductive method inquiry drawing upon existing nonprofit management literature on best practices, workarounds and related topics. The essay posits that workarounds are an underappreciated component of nonprofit management theory.


The Ecology Of Transparency Reloaded, Seth F. Kreimer 2017 University of Pennsylvania Law School

The Ecology Of Transparency Reloaded, Seth F. Kreimer

Faculty Scholarship

As Justice Stewart famously observed, "[t]he Constitution itself is neither a Freedom of Information Act nor an Official Secrets Act." What the Constitution's text omits, the last two generations have embedded in "small c" constitutional law and practice in the form of the Freedom of Information Act and a series of overlapping governance reforms including Inspectors General, disclosure of political contributions, the State Department’s “Dissent Channel,” the National Archives Information Security Oversight Office, and the publication rights guaranteed by New York Times v. United States. These institutions constitute an ecology of transparency.

The late Justice Scalia argued ...


The New American Slavery: Capitalism And The Ghettoization Of American Prisons As A Profitable Corporate Business, David A. Liburd 2017 The Graduate Center, City University of New York

The New American Slavery: Capitalism And The Ghettoization Of American Prisons As A Profitable Corporate Business, David A. Liburd

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

The labor of enslaved Africans and Black Americans played a large part in the history of colonial America, with the American plantation being the epicenter for all that was to be produced. While the two have never been completely tied together, capitalism and modern day slavery have been linked with one another. Some analysis sees slavery as a remote form of capitalism, a substitute, to an antiquated form of labor in the modern world.

Slave plantations adopted a new concentration in size and management, referred to by W.E. DuBois as a change "from a family institution to an industrial ...


Trumping Norms: Whither The International Liberal Order?, Maureen Jones 2017 The Graduate Center, City University of New York

Trumping Norms: Whither The International Liberal Order?, Maureen Jones

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

This paper’s main objective is to develop potential theories on the future of American foreign policy within the Trump Administration. The paper will begin by evaluating the norm of statehood and will discuss the contributions of John Meyer to the statehood discourse. Through analysis of Meyer’s work, this paper will develop a standardized structure of statehood within the global order. Furthermore, the paper will analyze the Westphalian international order and discuss the viability of this system leading up to 2017. The Westphalian international system has been the primary system for which nation-states aim to gain acceptance and its ...


Trigger Crimes & Social Progress: The Tragedy-Outrage-Reform Dynamic In America, Paul H. Robinson, Sarah M. Robinson 2017 University of Pennsylvania Law School

Trigger Crimes & Social Progress: The Tragedy-Outrage-Reform Dynamic In America, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. It is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of everyday existence but some crimes make people stop and take notice – because they are so outrageous or so heart-wrenching.

This brief essay explores the dynamic of tragedy, outrage, and reform, illustrating how certain kinds of crimes can trigger real social progress. Several dozen such “trigger crimes” are identified but four in particular are ...


Health Budget Tracking At Local Levels: A Training Manual For Uganda’S Youth Leaders And Advocates, Rehema Z. Namukose Ms. 2017 SIT Graduate Institute

Health Budget Tracking At Local Levels: A Training Manual For Uganda’S Youth Leaders And Advocates, Rehema Z. Namukose Ms.

Capstone Collection

Uganda’s decentralization policy was introduced in 1997 under the Local Government Act to transfer power from central government to local government levels. The main purpose was to promote participation of all citizens in decision making processes to enhance responsibility and accountable monitoring of services delivered to citizens at all levels. The policy “aimed to achieve efficiency and effectiveness” in services delivered and managed at lower levels (Kebba & Ntanda, 2005). But how were citizens at local levels going to participate in accountability processes? How would they monitor the quality of services delivered under this policy framework? In what ways were ...


More Women In Parliament: Advocacy Lessons Learned From The Georgian Women’S Task Force On Political Participation, Emma Shattuck 2017 SIT Graduate Institute

More Women In Parliament: Advocacy Lessons Learned From The Georgian Women’S Task Force On Political Participation, Emma Shattuck

Capstone Collection

Emma Shattuck – PIM 75

MORE WOMEN IN PARLIAMENT: ADVOCACY LESSONS LEARNED

FROM THE GEORGIAN WOMEN’S TASK FORCE ON POLITICAL PARTICIPATION

May 2017

This Policy Advocacy Course-Linked Capstone is a case study of an on-going advocacy campaign to increase women’s political participation in the Republic of Georgia’s Parliament. It tells the story of a dedicated group of advocates who are determined to help Georgian women’s voices be heard in a primarily male-dominated political context. Drawing on my personal experience living and working in Tbilisi, Georgia, and based on comprehensive key informant interviews with leaders of the campaign ...


First And Second Drafts Of History: The Case Of Trump, Foucault And Pre-Modern Governance, Donald Nordberg 2017 Bournemouth University

First And Second Drafts Of History: The Case Of Trump, Foucault And Pre-Modern Governance, Donald Nordberg

Donald Nordberg


How do we, as scholars – social scientists and historians – respond to momentous contemporary events? Our instincts urge caution, but the events demand action. While blogs and other media offer some paths, they can veer too much towards the snap judgments associated with bad journalism and simplistic representation. This paper consists of two essays, one embedded in the other, that challenge us to think differently about news, social science, and history. The impetus comes from an attempt to make sense of the first, muddled weeks of the new Trump administration in Washington. With reference to Foucault’s concept of governmentality, it ...


Perceptions Of Fin-Fish Aquaculture: A Multi-Scalar Policy Perspective, Jordan Wrigley 2017 Huxley College of the Environment, Western Washington University

Perceptions Of Fin-Fish Aquaculture: A Multi-Scalar Policy Perspective, Jordan Wrigley

Graduate Student Conference

Fin-fish aquaculture presents a problem for planners and policy-makers. While there are negative environmental impacts and questions regarding aquaculture's sustainability, there are also benefits such as increased local food production. Solutions balancing these detriments and benefits are often obscured by ingrained perceptions of aquaculture leading to exclusionary or suppressive outcomes and a lack of exploration into aquaculture's value within various contexts. To examine these perceptions, I developed a multi-scalar series of studies at the national, regional, and individual levels.

The collected results of the three studies suggest aquaculture awareness and perceptions are context-dependant. Nuances in national data also ...


Ticket To The Past: A Political History Of The Mexico City Metro, 1958-1969, Maxwell E.P. Ulin 2017 Yale University

Ticket To The Past: A Political History Of The Mexico City Metro, 1958-1969, Maxwell E.P. Ulin

Grand Valley Journal of History

This essay outlines the historic political battle between Mexico's longest serving mayor, Ernesto Uruchurtu, and the nation's president, Gustavo Diaz Ordaz, over the construction of what would become the second largest subway system in the Western Hemisphere, The Mexico City Metro. The conflict, which eventually resulted in Uruchurtu's resignation, was characterized by latent political tensions between the PRI and Mexican middle class that would erupt in 1968 and lead to the ultimate decline of PRI hegemony. I thus argue that the new Metro project did not reflect Mexico's democratic modernization--as its supporters meant it to do--but ...


The Kentucky Constitutional Conventions And The Federalism Of The Founding Fathers, Ashley Kay Taulbee 2017 Morehead State University

The Kentucky Constitutional Conventions And The Federalism Of The Founding Fathers, Ashley Kay Taulbee

Theses and Dissertations

A thesis presented to the faculty of the Caudill College of Arts, Humanities, and Social Sciences at Morehead State University in partial fulfillment of the requirements for the degree of Master of Public Administration by Ashley Kay Taulbee on April 19, 2017.


Dictation And Delegation In Securities Regulation, Usha Rodrigues 2017 University of Georgia School of Law

Dictation And Delegation In Securities Regulation, Usha Rodrigues

Indiana Law Journal

When Congress undertakes major financial reform, either it dictates the precise con-tours of the law itself or it delegates the bulk of the rule making to an administrative agency. This choice has critical consequences. Making the law self-executing in federal legislation is swift, not subject to administrative tinkering, and less vulnerable than rule making to judicial second-guessing. Agency action is, in contrast, deliberate, subject to ongoing bureaucratic fiddling, and more vulnerable than statutes to judicial challenge.

This Article offers the first empirical analysis of the extent of congressional delegation in securities law from 1970 to the present day, examining nine ...


The Empty Idea Of “Equality Of Creditors”, David A. Skeel Jr. 2017 University of Pennsylvania Law School

The Empty Idea Of “Equality Of Creditors”, David A. Skeel Jr.

Faculty Scholarship

For two hundred years, the equality of creditors norm—the idea that similarly situated creditors should be treated similarly—has been widely viewed as the most important principle in American bankruptcy law, rivaled only by our commitment to a fresh start for honest but unfortunate debtors. I argue in this Article that the accolades are misplaced. Although the equality norm once was a rough proxy for legitimate concerns, such as curbing self-dealing, it no longer plays this role. Nor does it serve any other beneficial purpose.

Part I of this Article traces the historical emergence and evolution of the equality ...


Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar 2017 The Graduate Center, City University of New York

Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

The American Right features a well-developed—and well-heeled—infrastructure for promoting a conception of freedom as inextricable from capitalism. The American Left, by contrast, has seemed content to cede the territory, abandoning the ground of freedom for the terrain of “equality,” “justice,” “fairness,” and “prosperity.” This paper is an effort to address this asymmetry in the public discourse over the meaning of freedom. Its principal objective is to capture the vision of freedom embodied in the political and economic thought of Louis D. Brandeis, one of the American Left’s ablest expositors of freedom.

In addition, the paper has three ...


Appraising The Progressive State, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

Appraising The Progressive State, Herbert J. Hovenkamp

Faculty Scholarship

Since it origins in the late nineteenth century, the most salient characteristics of the progressive state have been marginalism in economics, greatly increased use of scientific theory and data in policy making, a commitment to broad participation in both economic and political markets, and a belief that resources are best moved through society by many institutions in addition to traditional markets.. These values have served to make progressive policy less stable than classical and other more laissez faire alternatives. However, the progressive state has also performed better than alternatives by every economic measure. One of the progressive state’s biggest ...


The Bylaw Puzzle In Delaware Corporate Law, David A. Skeel Jr. 2017 University of Pennsylvania Law School

The Bylaw Puzzle In Delaware Corporate Law, David A. Skeel Jr.

Faculty Scholarship

In less than a decade, Delaware’s legislature has overruled its courts and reshaped Delaware corporate law on two different occasions, with proxy access bylaws in 2009 and with shareholder litigation bylaws in 2015. Having two dramatic interventions in quick succession would be puzzling under any circumstances. The interventions are doubly puzzling because with proxy access, Delaware’s legislature authorized the use of bylaws or charter provisions that Delaware’s courts had banned; while with shareholder litigation, it banned bylaws or charter provisions that the courts had authorized. This Article attempts to unravel the puzzle.

I start with corporate law ...


Development And Environmental Injustice In Malaysia: A Story Of Indigenous Resistance In Sarawak, May Tay '17 2017 Yale-NUS

Development And Environmental Injustice In Malaysia: A Story Of Indigenous Resistance In Sarawak, May Tay '17

EnviroLab Asia

In 2008, the Federal Government of Malaysian announced an initiative to build 20,000 megawatts of mega dams along a 320km corridor in Sarawak. Named the Sarawak Corridor of Renewable Energy (SCORE), the scheme would create one of five regional development corridors throughout Malaysia, and was part of the government’s strategy to make the state of Sarawak ‘developed’ by 2020 through industrialization and renewable energy development (Recoda). Of the mega dams planned for construction by 2020, three have been completed, with construction for the others underway and the construction process frequently delayed by resistance from local indigenous communities. Indigenous ...


Hydropower, Oil Palm, And Sustainability, Fernando Salud '17 2017 Harvey Mudd College

Hydropower, Oil Palm, And Sustainability, Fernando Salud '17

EnviroLab Asia

This reflection touches on the writer’s experiences during the EnviroLab Asia Clinic trip in early 2016 to Borneo, Malaysia and Singapore. The reflection involves two events: a visit to a blockade protesting the construction of a hydroelectric dam and a meeting with the sustainability department of Wilmar, one of the world’s leading palm oil producers. The first event comments on the tension between the need for renewable energy and the destruction of the natural environment and communities due to the particular energy generation technology chosen. This event highlighted the importance of understanding the societal constraints a technology is ...


Beyond Textbooks And Statistics, Jahnavi Kocha '19 2017 Claremont McKenna College

Beyond Textbooks And Statistics, Jahnavi Kocha '19

EnviroLab Asia

This essay reflects the author’s discovery of what makes studying a subject worth it. The clinic trip to Borneo brought textbooks to life and also enabled us to see beyond the numbers to a more human experience. As someone who grew up in a business family and with a certain mindset, Jahnavi the global and cultural perspectives that make studying the environment more tangible. A small surprise follows the short prose piece.


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