The Empty Idea Of “Equality Of Creditors”, 2017 University of Pennsylvania Law School
The Empty Idea Of “Equality Of Creditors”, David A. Skeel Jr.
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
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, 2017 Bournemouth University
Trump, Foucault And Pre-Modern Governance, Donald Nordberg
Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, 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, 2017 University of Pennsylvania Law School
The Bylaw Puzzle In Delaware Corporate Law, David A. Skeel Jr.
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, 2016 University of San Francisco
History In Collaboration: Equalizing The Arts And The Humanities In San Francisco, Nicole C. Meldahl
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, 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, 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
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, 2016 SIT Graduate Institute
Integrating Evaluative Thinking Into Organisational Practice: A Case Study Of Lutino Adunu In Uganda, Shilla Adyero
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, 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, 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 ...
Sovereignty Considerations And Social Change In The Wake Of India's Recent Sodomy Cases, 2016 University of Pennsylvania
Sovereignty Considerations And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo
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, 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?, 2016 University of Pennsylvania Law School
Who Cares How Congress Really Works?, Ryan David Doerfler
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, 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, 2016 University of Pennsylvania Law School
Administrative Law: The U.S. And Beyond, Cary Coglianese
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, 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, 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 ...
Foundling Fathers: (Non-)Marriage And Parental Rights In The Age Of Equality, 2016 University of Pennsylvania Law School
Foundling Fathers: (Non-)Marriage And Parental Rights In The Age Of Equality, Serena Mayeri
The twentieth-century equality revolution established the principle of sex neutrality in the law of marriage and divorce and eased the most severe legal disabilities traditionally imposed upon nonmarital children. Formal equality under the law eluded nonmarital parents, however. Although unwed fathers won unprecedented legal rights and recognition in a series of Supreme Court cases decided in the 1970s and 1980s, they failed to achieve constitutional parity with mothers or with married and divorced fathers. This Article excavates nonmarital fathers’ quest for equal rights, until now a mere footnote in the history of constitutional equality law.
Unmarried fathers lacked a social ...
The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, 2016 California State University - San Bernardino
The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson
Electronic Theses, Projects, and Dissertations
The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.
Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government ...