Digital Commons Network^™

Price Elasticity Of Demand In The Market For Governance In Businesses Location Decisions In Oecd Nations From 2015-2019, Luke Kendall

Senior Honors Theses

This study proposes a framework of viewing the competition between governments to attract businesses into their jurisdiction as a competitive market. Literature is reviewed on the market forces and incentives of businesses and governments in location decisions. A possible gap in the literature of quantifying the price elasticity of competition between national governments for business activity is identified. OECD data is analyzed using equations supported by literature and results are evaluated to better understand the elasticity of international location decisions. The results of this study indicate that elasticity varies widely between countries, and countries with smaller economies may face more …

Untold Stories Of The African Diaspora: The Lived Experiences Of Black Caribbean Immigrants In The Greater Hartford Area, Shanelle A. Jones

University Scholar Projects

The African Diaspora represents vastly complex migratory patterns. This project studies the journeys of English-speaking Afro-Caribbeans who immigrated to the US for economic reasons between the 1980s-present day. While some researchers emphasize the success of West Indian immigrants, others highlight the issue of downward assimilation many face upon arrival in the US. This paper explores the prospect of economic incorporation into American society for West Indian immigrants. I conducted and analyzed data from an online survey and 10 oral histories of West Indian economic migrants residing in the Greater Hartford Area to gain a broader perspective on the economic attainment …

Organizing A Business Law Department Within A Law School, William J. Carney

University of Colorado Law Review Forum

No abstract provided.

Organic Waste Bans: Beyond The Compost Heap, David Lee

Journal of Food Law & Policy

Food waste and food insecurity are strange bedfellows, but in the United States they shamelessly walk hand-in-hand. The USDA’s Supplemental Nutrition Assistance Program (“SNAP”) and the Emergency Food Assistance Program (“TEFAP”) are two federal programs that provide for large numbers of people in the United States. Local food recovery and donation programs serve their communities as the “backbone of the America hunger response" efforts. While many American households continue to report their struggles with food insecurity, heaping piles of good food go to waste. The repercussions of wasted food are vast, taxing American wallets, wasting our resources with every bit …

The Pandemic, Climate Change And Farm Subsidies, Allen H. Olson, Edward J. Peterson

Journal of Food Law & Policy

Many people believe that once the COVID-19 pandemic has passed, life will return to the way it was. This belief is both unrealistic and dangerous. It is unrealistic because the virus will be around for years if not indefinitely. The timeframe for the worst of the pandemic will depend on our ability to administer effective vaccines worldwide and the public’s willingness to accept continued social distancing in the meantime. The damage done to public health, the economy and individuals is already substantial and will get worse. Recovery will be slow and incomplete. The belief that life will return to the …

Empirical Findings In Need Of A Theory—In Defense Of Institutional Investors, Ittai Paldor

Loyola of Los Angeles Law Review

In recent years theorists have argued that institutional investors’ diversification harms competition. The theory is that when portfolio firms are cross-owned by institutional investors, managements compete less vigorously than they would have but for the cross ownership. The theory was bolstered by several empirical studies. The supporting empirical studies have been contested on methodological grounds, and some recent empirical studies make contradicting findings. But the theory of competitive harm itself is still considered persuasive. The federal antitrust agencies and competition agencies across the globe have begun to take action against instances of cross ownership based on this theory, in what …

Appraising Problems, Not Stuff, Chad J. Pomeroy

St. Mary's Law Journal

Abstract forthcoming.

The E-Banknote As A ‘Banknote’: A Monetary Law Interpreted, Benjamin Geva, Seraina Neva Grünewald, Corinne Zellweger-Gutknecht

Articles & Book Chapters

This article discusses whether electronic banknotes can properly be characterised as ‘banknotes’, their design as such and what architectural models are available for their issuance by central banks. Issues are addressed under general principles governing the interpretation of monetary laws in the context of evolving technologies and institutional arrangements. The article proposes a clear terminology to address the concepts underlying digital currencies and access to central bank money, and argues that a banknote may be ‘written’ electronically. The stance adopted in the article is critical of both account-based retail central bank digital currency and cryptocurrencies, and highlights the salient features …

Law Enforcement Use Of Facial Recognition: Bias, Disparate Impacts To People Of Color, And The Need For Federal Legislation, Christopher Jones

North Carolina Journal of Law & Technology

No abstract provided.

Quantitative Legal Research In Germany, Dirk Hartung

Research Collection Yong Pung How School Of Law

This chapter positions quantitative legal research in Germany, where it is a relatively new discipline, within the country’s greater legal academic landscape. The early stage of the discipline makes Germany particularly interesting for international scholars and open to a global academic dialogue. In addition, as the discipline is still young, the discourse is still open to influence from a global community. The following discussion argues for better access to legal data and tries to save researchers from pitfalls such as high fees for or dubious providers of legal data. It encourages the compilation of comprehensive, rich, well-documented and open source …

Measuring Law Over Time: A Network Analytical Framework With An Application To Statutes And Regulations In The United States And Germany, Corinna Coupette, Janis Beckedorf, Dirk Hartung, Michael Bommarito, Daniel Martin Katz

Research Collection Yong Pung How School Of Law

How do complex social systems evolve in the modern world? This question lies at the heart of social physics, and network analysis has proven critical in providing answers to it. In recent years, network analysis has also been used to gain a quantitative understanding of law as a complex adaptive system, but most research has focused on legal documents of a single type, and there exists no unified framework for quantitative legal document analysis using network analytical tools. Against this background, we present a comprehensive framework for analyzing legal documents as multi-dimensional, dynamic document networks. We demonstrate the utility of …

Chimerism And Mosaicism: The Fallibility Of Dna Evidence, Robert Ellis-Liang

Child and Family Law Journal

No abstract provided.

How To Do Things With Signs: Semiotics In Legal Theory, Practice, And Education, Harold Anthony Lloyd

University of Richmond Law Review

This Article therefore broadly explores semiotics through a lawyer’s lens, hopefully simplifying as much as possible much of the complex, divergent, and, frankly, sometimes baffling terminology used by those who explore semiotics. This Article will first continue below with a general definition of signs and the related notion of intentionality. It will then address the structure and concomitants of signs, the nature of speech acts that are of interest to lawyers, the sign classifications used in legal analysis and rhetoric, the role of signs in careful legal thought and good legal rhetoric, the unfolding of the signified and the fixation …

Duality In Digital Discourse: The History And Future Of The American Public Forum, Nicholas Weaver

Honors Theses

From the onset of the republic, the liberty to speak freely and debate openly has stood guard and helped preserve all other American rights. While this concept has endured, the means by which it exists in society has changed immensely. As the public forum has evolved to fit the modern needs of the citizenry, political discourse has become less a defense against tyranny and more a chaotic space of conflicting opinions.

In the United States, privately-owned social media companies have grown at an unprecedented rate, yet lawmakers have been slow to exercise any authority to regulate these corporations. For public …

The Search For Truth: Legal Storytelling From The Psychological Perspective, Chloe Graves

Undergraduate Honors Theses

This thesis explored the roles of trust, bias, and narrative in legal storytelling and made suggestions for improving legal storytelling and avoiding bias and mistrust when telling and analyzing legal stories. This study was a background and literature review and synthesis of the role of narrative, trust and bias in both general and legal presentation. The current thesis integrated many diverse sources to create an overview of the development of these psychological aspects in the legal field and in legal presentation. The most relevant studies to the legal field and legal presentation were included for integration and synthesis. From the …

Reframing Law's Domain: Narrative, Rhetoric, And The Forms Of Legal Rules, Stephen Paskey

Journal Articles

Legal scholars typically understand law as a system of determinate rules grounded in logic. And in the public sphere, textualist judges and others often claim that judges should not "make" law, arguing instead that a judge's role is simply to find the meaning inherent in law's language. This essay offers a different understanding of both the structure of legal rules and the role of judges. Building on Caroline Levine's claim that texts have multiple ordering principles, the essay argues that legal rules simultaneously have three overlapping forms, none of which is dominant: not only the form of conditional, "if-then" logic, …

Rethinking Music Copyright Infringement In The Digital World: Proposing A Streamlined Test After The Demise Of The Inverse Ratio Rule, Christina R. Dimeo

University of Richmond Law Review

This Comment will discuss the devastating blow to musicians inflicted by the Blurred Lines verdict’s embrace of the inverse ratio rule. Then, I will examine the Stairway to Heaven decision, in which the Ninth Circuit sharply changed course and decided to abrogate the inverse ratio rule. This welcome policy change nevertheless leaves questions as to how the Ninth Circuit will balance considerations of access with substantial similarity as it assesses copying in future cases. More importantly, the explosion of access in the digital world has fatally weakened—across all circuits—the role of access within the infringement test. In that light, I …

Persistent Inequalities, The Pandemic, And The Opportunity To Compete, Rachel F. Moran

Faculty Scholarship

Even before the recent coronavirus pandemic, race, ethnicity, and socioeconomic status played a powerful role in allocating opportunity—in the public schools and elsewhere. The pandemic laid bare the dimensions of this inequality with a new and alarming clarity. In this essay, I first focus on the landscape of educational inequity that existed before the coronavirus forced public schools to shut down. In particular, I explore patterns of racial and ethnic segregation in America’s schools and evaluate how those patterns relate to additional challenges based on socioeconomic isolation. In addition, I consider the role of language and immigration status in shaping …

Swing The Angklung Tube In The Digital Economy Era: Based On Intangible Cultural Heritage And Intellectual Property Rights Perspective, Laina Rafianti, Aam Suryamah, Afrizal Musdah Eka Putra, Ahmad M. Ramli

Indonesian Journal of International Law

After the UNESCO inscription of Angklung as Intangible Cultural Heritage in 2010, the responsibility of the angklung custodian is harder. Angklung is not only must exist as a living culture but must also develop. At first, the inscription of angklung is essential to ascertain cultural identity from Indonesia. Besides, intellectual property law contributes a vital key to protect the community and individuals who create copyrighted subject matter based on angklung. Double protection for angklung in cultural and intellectual property also provides double consequences. The problem is, the relation between those two related institutions is weak. Moreover, the mechanism of protection …

The Protection Of Traditional Knowledge Under Indonesian Patent Law: Between Opportunities And Challenges, Yulia Yulia

Indonesian Journal of International Law

The protection of traditional knowledge through patents is still an interesting issue on an international level. Indonesia revised Patent Law in 2016 (Law Number 13 of 2016 concerning Patent or Indonesian Patent Law). This Law has confirmed that patent is an exclusive right that the country gives for the inventor to the invention in technology, for a certain amount of time, to implement itself or give other parties to implement it. The patent can be submitted if required terms of the patent application, there are novelty, inventive steps, and industrially applicable. That provision cannot be fulfilled by traditional knowledge, where …

In The Spirit Of St. Peter Claver: Social Justice And Black Catholicism In San Antonio, Philip Lampe Ph.D.

Verbum Incarnatum: An Academic Journal of Social Justice

The editors want to take the space reserved for the abstract to say that this is the final piece of research that Phil Lampe completed before his passing. We publish it here posthumously in tribute to Phil’s tireless work for social justice, as editor of Verbum Incarnatum, as researcher of social-justice efforts in South Texas and Mexico, and as an educator committed to inspiring students to pursue justice in their lives outside the academy.

Social Justice In The Cigar Factory: The Finck Cigar Strikes, 1933-1935, Roger Barnes

Verbum Incarnatum: An Academic Journal of Social Justice

No abstract provided.

A Participatory Action Research Study Of Police Interviewing Following Crisis Intervention Team Training, Maria Felix-Ortiz, Catherine Steele, Marisa Deguzman, Georgen Guerrero, Melissa Graham

Verbum Incarnatum: An Academic Journal of Social Justice

Estimates vary, but a third to one half of individuals shot and killed by police have a mental illness or disability, and many who are taken into custody languish in county jails where no treatment for their illness is available. The Crisis Intervention Team (CIT) model is an increasingly important adjunct to U.S. police training because it de-escalates tense situations, diverts people with mental illness away from jail and into treatment, and can reduce the risk of civilian deaths during a police encounter. As such, it is a strategy for reducing the social injustice of incarceration or deaths of people …

Promises Endure: Historical Views Of Nursing Faculty, Laura R. Muñoz

Verbum Incarnatum: An Academic Journal of Social Justice

Lessons learned from the history of an organization are valuable. This is especially true for an organization with the legacy held by the Ila Faye Miller School of Nursing and Health Professions at the University of the Incarnate Word. Memories recounted by nursing faculty were collected to enhance information provided in the two-volume chronicle written by Sister Patrice Slattery in 1995 entitled, “Promises to Keep” and the last history of the school, “The Story of One School of Nursing” written by Sister Charles Marie Frank in 1976.

Increasing Investment In Stem Education For Females: Policy Considerations, Becky Harris, Andrea Dassopoulos, Daniel Sahl, Anna Starostina

UNLV Gaming Research & Review Journal

During this difficult economic time, as policy makers decide how to use their limited resources to help prepare the rising generation for the demands of an ever-changing workforce, aligning K-12 educational priorities with higher education and economic development can help maximize public dollar investments in STEM education, particularly when females are given access to STEM and STEM-related education and programs. Smart public policy initiatives can help increase the representation of women in the technology, research and development, and innovation departments.

The purpose of this article is to provide policy recommendations that could help increase gender diversity and participation in STEM …

Property As Rent, Faisal Chaudhry

St. John's Law Review

(Excerpt)

What is property? Over the course of the past two decades, legal scholars have reopened this question in a highly visible and often fractious way. On one side of the renewed debate are those who have sought to restore an object-centered model of property as an in rem right to exclude; on the other are those who have sought to reorient the old adage that property is a “bundle of sticks” toward a new emphasis on property’s role in forging social relations and democratic community. Sometimes known as a split between the “ownership” versus “progressive property” models, as fruitful …

Robert Jackson's Critique Of Trump V. Hawaii, William R. Casto

St. John's Law Review

(Excerpt)

Over seventy years ago, United States Supreme Court Justice Robert H. Jackson accurately predicted the Supreme Court’s decision in Trump v. Hawaii. As he foresaw, the Court rubberstamped a President’s purposeful discrimination against a minority religion. This brief Essay explains Trump using Jackson’s critique of judicial review in national-security cases. The Essay also uses Trump to examine a flaw—probably structural—in the constitutional theory of process jurisprudence. The Trump case involved the Court’s construction of congressional legislation apparently limiting the President’s authority, but the present Essay does not address that aspect of the opinion.

How To Talk So Juries Will Listen, Janet Randall

Chicago-Kent Law Review

No abstract provided.

The Current State Of Punitive Damages In Environmental Litigation: An Examination Of North American Bmw V. Gore, Andrew L. Sparks

Journal of Natural Resources & Environmental Law

No abstract provided.

Tree Preservation Methods: Zoning Regulation Vs. Conservation Servitude, R. Scott Wilder

Journal of Natural Resources & Environmental Law

No abstract provided.