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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 ...


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 ...


Promoting Immigrant And Human Rights At The Local Level: A Case Study Of The Welcome Dayton Initiative (Abstract), Theo J. Majka, Jamie Longazel 2017 University of Dayton

Promoting Immigrant And Human Rights At The Local Level: A Case Study Of The Welcome Dayton Initiative (Abstract), Theo J. Majka, Jamie Longazel

Theo J. Majka

Hazelton, Pennsylvania and Dayton, Ohio represent contrasting examples of community reactions to increases in immigrants. Both cities have experienced de-manufacturing in recent decades. In reaction to an influx of Latinos, Hazelton enacted the 2006 Illegal Immigration Relief Act (IIRA) which placed severe restrictions on the rights of undocumenteds. In contrast, the Dayton City Commission passed the Welcome Dayton: Immigrant-Friendly City initiative in 2011 with the goal of facilitating the integration of immigrant residents.

Hazelton’s developers used tax incentives to establish warehouses, distribution centers, and a meatpacking plant, resulting in a significant demographic change.

However, in adopting a neoliberal approach ...


Trump, Foucault And Pre-Modern Governance, Donald Nordberg 2017 Bournemouth University

Trump, Foucault And Pre-Modern Governance, Donald Nordberg

Donald Nordberg

“No one ever accused this company of being a democracy!” – Private comment of a CEO of a major multinational corporation,
overheard ca. 1990
This quote came to mind as I read a news story about Donald J. Trump’s executive orders, signed in Week 1 of his Presidency of the United States. On his first full day in the office, the CEO-in-the-White-House invited a group of CEOs of major US corporations to discuss the future governance of America. CEOs have been practicing corporate governance forever, and must know a thing or two about it. By the end of the meeting ...


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 ...


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 ...


History In Collaboration: Equalizing The Arts And The Humanities In San Francisco, Nicole C. Meldahl 2016 University of San Francisco

History In Collaboration: Equalizing The Arts And The Humanities In San Francisco, Nicole C. Meldahl

Master's Projects

Historically, there has been a critical imbalance in the way history and preservation organizations are civically supported in comparison with the amount of funding that is available to arts organizations in the United States. To correct this imbalance in San Francisco, I propose the creation of a San Francisco Department of Culture that would place the San Francisco Arts Commission equally alongside a San Francisco History Commission within a department that absorbs responsibilities currently managed by other divisions with in city government, such as the Planning Department and the Office and Economic and Workforce Development. City government necessarily takes time ...


Policy Dissemination: Public Administration Theory And International Organizations | A Case Study On The Convention On The Rights Of Persons With Disabilities In The Kingdom Of Morocco, Rachelle Ann Wilson 2016 Illinois State University

Policy Dissemination: Public Administration Theory And International Organizations | A Case Study On The Convention On The Rights Of Persons With Disabilities In The Kingdom Of Morocco, Rachelle Ann Wilson

Capstone Projects – Politics and Government

With the advent of international organizations comes international law. Unprecedented at such a global and influential level, there is no theoretical framework within public administration explicitly focused on administrative structure and strategies for the implementation of international law. Consequently, the current administrative literature and theoretical framework must be looked to and transposed, as much as possible, to the international stage. This paper explores public administration theory and how it would manifest if applied to international policy implementation. By taking a closer look into the United Nations’ Convention on the Rights of Persons with Disabilities and its implementation strategy within the ...


Tragedy, Outrage & Reform Crimes That Changed Our World: 1911 – Triangle Factory Fire – Building Safety Codes, Paul H. Robinson, Sarah M. Robinson 2016 University of Pennsylvania Law School

Tragedy, Outrage & Reform Crimes That Changed Our World: 1911 – Triangle Factory Fire – Building Safety Codes, 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. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.

They offer some incredible stories about how people, good and bad, change the world around ...


Integrating Evaluative Thinking Into Organisational Practice: A Case Study Of Lutino Adunu In Uganda, Shilla Adyero 2016 SIT Graduate Institute

Integrating Evaluative Thinking Into Organisational Practice: A Case Study Of Lutino Adunu In Uganda, Shilla Adyero

Capstone Collection

Northern Uganda is still recovering from over two decades of civil war between the Government of Uganda and the Lord Resistance Army (LRA). The conflict created over 1.8 million Internally Displaced Persons (IDPs) who sought refuge in camps for 23 years. Around 80% of the affected population are mainly women and children. The displacement in the region caused large-scale loss of social and economic infrastructure, together with the productive resources. This contributed to the erosion of the social and financial capital of the affected areas population, forcing the population to depend on non-sustainable aid and relief services provided by ...


The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha 2016 Indiana University Maurer School of Law

The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha

Indiana Journal of Constitutional Design

The Former Yugoslav Republic of Macedonia (“FYROM”) experienced four major changes to its electoral system in the eight parliamentary elections held between 1990 and 2014. The Macedonian 1990 and 1994 parliamentary elections were held under a majority system, in which 120 members of the Parliament were elected from 120 constituencies, one member per constituency. A mixed-majority/proportional representation (“PR”) system was adopted for the 1998 elections, in which eighty-five seats were elected under the majority system from the constituencies, and thirty-five seats were elected proportionally from a nation-wide electoral district. Yet another system was adopted for the 2002 elections, in ...


Normalization Policies With Cuba: Implications For Political And Economic Reform, Ramona N. Khan 2016 The Graduate Center, City University of New York

Normalization Policies With Cuba: Implications For Political And Economic Reform, Ramona N. Khan

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

For longer than the past half century, the relationship between the United States and Cuba has been one of antagonism, mistrust, betrayal, hostility and defiance. Decades of mutual hostility arising from Cuba’s post revolution adoption of an economic system that emulated that of the Soviet Union, along with the long history of U.S. interference in Cuba’s domestic and international affairs that predated the Castro revolution and continued afterward, have resulted in this rancorous relationship. Cuba’s move to communism shortly after the Castro regime came to power was regarded as a threat to both democracy and capitalism ...


Contemporary Rhetoric, Ethics, And Human Rights Advocacy (Abstract), Richard K. Ghere, Kathleen Brittamart Watters 2016 University of Dayton

Contemporary Rhetoric, Ethics, And Human Rights Advocacy (Abstract), Richard K. Ghere, Kathleen Brittamart Watters

Kathleen Watters

This paper will discuss how rhetorical analysis might interpret current ethics conversation related to governance and re-position some of its touchstone rationales. Specifically, efforts in this paper will apply the ideas of preeminent rhetorician Gerald Hauser (the current editor of Philosophy and Rhetoric) about human rights discourses and of a reticulate (variegated) public sphere to intersection of governance and human rights advocacy.

Specifically, our paper will examine the rhetoric of various “exemplars” who advocate for causes and actions pertaining to human rights in particular contexts. In particular, we will incorporate case studies reviewing the public actions of the Russian rock ...


Sovereignty Considerations And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo 2016 University of Pennsylvania

Sovereignty Considerations And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo

Faculty Scholarship

American constitutional law scholars have long questioned whether courts can really drive social reform, and this position remains largely unchallenged even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India — spurred by developments in a special type of legal action developed in the late 1970s known as “public interest litigation,” or “PIL” — have only recently begun questioning the judiciary’s ability to promote progressive social change. Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India’s most disadvantaged, and optimism that ...


Aboriginal Performance Cultures And Language Revitalization: Foundations, Discontinuities, And Possibilities, Remi Alie 2016 The University of Western Ontario

Aboriginal Performance Cultures And Language Revitalization: Foundations, Discontinuities, And Possibilities, Remi Alie

Totem: The University of Western Ontario Journal of Anthropology

This paper address the question of how indigenous art and performance culture(s) can contribute to institutionalized language revitalization efforts in Canada, through their use of threatened indigenous languages. Drawing from a wide range of sources published between 1988 and 2014 by scholars, the Assembly of First Nations, departments and agencies of the Canadian government, and artistic practitioners, I illustrate the absence of performance from the available literature on language revitalization. By analyzing these documents thematically, I argue that a substantial shift occurred in the public discourse surrounding language revitalization between the 1980s and 1990s, and the mid- to late-2000s ...


Who Cares How Congress Really Works?, Ryan David Doerfler 2016 University of Pennsylvania Law School

Who Cares How Congress Really Works?, Ryan David Doerfler

Faculty Scholarship

Legislative intent is a fiction. Courts and scholars accept this by and large. As this Article shows, however, both are confused as to why, and, more importantly, as to what this entails.

This Article argues that the standard account of why legislative intent is a fiction—that Congress is a “they,” not an “it”—rests on an overly simplistic conception of shared agency. Drawing on contemporary work in philosophy of action, this Article contends that Congress as such has no intentions not because of difficulties in aggregating the intentions of individual members, but rather because Congress lacks the sort of ...


The Problem With Words: Plain Language And Public Participation In Rulemaking, Cynthia R. Farina, Mary J. Newhart, Cheryl Blake 2016 Cornell Law School

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

Cynthia R. Farina

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 ...


Administrative Law: The U.S. And Beyond, Cary Coglianese 2016 University of Pennsylvania Law School

Administrative Law: The U.S. And Beyond, Cary Coglianese

Faculty Scholarship

Administrative law constrains and directs the behavior of officials in the many governmental bodies responsible for implementing legislation and handling governance responsibilities on a daily basis. This field of law consists of procedures for decision making by these administrative bodies, including rules about transparency and public participation. It also encompasses oversight practices provided by legislatures, courts, and elected executives. The way that administrative law affects the behavior of government officials holds important implications for the fulfillment of democratic principles as well as effective governance in society. This paper highlights salient political theory and legal issues fundamental to the U.S ...


Best Practices For Self-Exclusion Reinstatement And Renewal, Alex Price 2016 Responsible Gambling Council

Best Practices For Self-Exclusion Reinstatement And Renewal, Alex Price

International Conference on Gambling and Risk Taking

While many studies have examined self-exclusion few have focused on the processes through which gamblers return at the end of their agreements. In 2014, the RGC Centre for the Advancement of Best Practices examined voluntary self-exclusion reinstatement and renewal in an effort to develop evidence-informed best-practices for both land-based and online gambling operations. The presentation outlines the findings of the study and the recommended best practices for reintegration and ban renewal.

The study examined a range of practices around the world. In the end the study recommended an active reinstatement process in which all participants are required to apply to ...


Better Work And Global Governance, Paul Alois 2016 Graduate Center, City University of New York

Better Work And Global Governance, Paul Alois

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

This dissertation is a case study of Better Work, a program run by the International Labor Organization and the International Finance Corporation. It aims to improve working conditions and productivity in the apparel industry. The purpose of this case study is to examine the role that international organizations can play in global governance. The research presented here comes from interviews, document analysis, and an examination of quantitative data on factories’ working conditions. In-person interviews were conducted in the United States, Switzerland, Vietnam, and Indonesia; many phone interviews took place with individuals in other countries. Both publicly available documents and internal ...


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