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Book Reviews, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

Golden Passports In The Eu: Is The End Near?, Stjepan Klinar

Cardozo International & Comparative Law Review (CICLR) Blog

Immigration has been a much-debated topic across the European Union (“EU”) member states and institutions for a large part of the 2010’s. Debates surrounding immigration to the EU have not subsided entering the new decade, not withstanding the current COVID-19pandemic. In her recent State of the Union speech, Ursula von der Leyen, the newly-appointed EU Commissioner, addressed a controversial, albeit overlooked, facet of the immigration regime of several EU member-states: the issue of so-called “golden passports.” Countries such as Malta, Cyprus, and Bulgaria all run investment-for-passport regimes that have raised concerns, and in some cases, have led to high-profile criminal …

Mid-Atlantic Ethics Committee Newsletter, Fall 2020

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Big Data Analytics Adoption: Determinants And Performances Among Small To Medium-Sized Enterprises, Parisa Maroufkhani, Ming-Lang Tseng, Mohammad Iranmanesh, Wan Khairuzzaman Wan Ismail, Haliyana Khalid

Research outputs 2014 to 2021

Big data analytics (BDA) adoption is a game-changer in the current industrial environment for precision decision-making and optimal performance. Nonetheless, the determinants or consequences of its adoption in small and medium enterprises remain unclear, hence the objective of this study. Data analysis of 171 Iranian small and medium manufacturing firms revealed that complexity, uncertainty and insecurity, trialability, observability, top management support, organizational readiness, and external support affect significantly on BDA adoption. The findings confirm the strong impact of BDA adoption in small to medium-sized enterprises, marketing and financial, performance enhancement. Understanding the drivers of BDA adoption helps managers to employ …

An Af(Fur)Mative Defense: Using Intellectual Property As A Defense To Employment Discrimination In Mascot Hiring, Taylor Farr

Arkansas Law Review

"Until a character becomes a personality, it cannot be believed. Without personality, the character may do funny or interesting things, but unless people are able to identify themselves with the character, its actions seem unreal. And without personality, a story cannot ring true to the audience." Walt Disney

Mascots are different animals. They bring some of our favorite characters from screens, packages, and comic book pages to life. Moreover, mascots serve a particularly important role on university campuses, offering a point of communal continuity amid inevitable organizational changes. Although university buildings, athletes, faculty, and staff will eventually change, a mascot …

The Nexus Standard And Its Implications For International Tax Competition And Soft Law, Huaning Li

PhD Dissertations

This dissertation investigates the importance of the nexus approach to international taxation. The nexus approach was first adopted in Action 5 of the G20/OECD Base Erosion and Profit Shifting (BEPS) Project and has since been implemented as a minimum standard through the BEPS Inclusive Framework. It requires a country to apply preferential taxation of income from patent and patent-like intellectual property (IP) under patent box regimes only to the amount that has a nexus with that country. Drawing on the existing literature and a case study of 10 countries that have adopted the nexus standard, this dissertation makes two central …

Understanding The Perceptions Of Supervision And Supervisory Behavior Of Patrol Precinct Patrol Supervisors In A Goal-Oriented Police Department, Jerry L. Garcia

Seton Hall University Dissertations and Theses (ETDs)

This research was focused on understanding the perceptions of patrol precinct Patrol Supervisors, within the New York City Police Department, as they relate to supervision of Police Officers in a goal-oriented police department, and whether there is a connection between this perception and a supervisors behavior.

In 1994, policing in the New York City Police Department had shifted to a predictive approach to law enforcement. Police Officers were now given performance objectives to achieve. Patrol Supervisors were given the responsibility to ensure that Police Officers met those objectives, and were held strictly accountable for it. Since accountability was now placed …

The Lost Lessons Of Shareholder Derivative Suits, Jessica Erickson

Washington and Lee Law Review

Merger litigation has changed dramatically. Today, nearly every announcement of a significant merger sparks litigation, and these cases look quite different from merger cases in the past. These cases are now filed primarily outside of Delaware, they typically settle without shareholders receiving any financial consideration, and corporate boards now have far more ex ante power to shape these cases. Although these changes are often heralded as unprecedented, they are not. Over the past several decades, derivative suits experienced many of the same changes. This Article explores the similarities between the recent changes in merger litigation and the longer history of …

Stop-And-Frisk: Its Effect On African American Communities—A Tale Of Three Cities, Russell L. Jones

University of Dayton Law Review

No abstract provided.

Damage Control Interdisciplinarity: An Antidote To Death Despair In Military Medicine, Erika "Ann" Jeschke

Saint Louis University Journal of Health Law & Policy

“Diseases of despair” is a conceptually broad category used to describe the phenomenon of premature mortality caused by suicide, drug poisoning, and alcoholic liver disease. Central to this conceptualization of mortality is that death occurs too early in an entire population of individuals infected with social despair. Implicit in the diseases of despair construct is a powerful normative claim about the manner and time of death—that death is bad if it is contextualized in unwanted conditions and happens before reaching midlife. As such, diseases of despair ought to be reduced, if not eliminated. Interestingly, military medical research on combat casualties …

Decision-Making As An Essential Element Of Our Field, John M. Lande

Faculty Blogs

This post suggests that we think of our work as focused on process design, strategy, and decision-making in managing conflict. Our field seeks to help parties solve problems when they lack good (or sometimes any) practical dispute resolution options. This post describes such situations and identifies strategies to increase and improve parties’ decision-making.

A Corporative Theory Of Corporate Law And Governance, Phillip Granville Bevans

PhD Dissertations

This book investigates how a corporation, as a legal entity with certain specific attributes, but lacking human form, can take action in the “real world” of human activity. It contends that a corporation must take such action through, and by means of, an organization, both inside and outside its “corporate” legal limits, consisting of real individual persons and groups of persons. The corporation thus presents itself both as a legal entity assuming the legal form of a corporation and as a social entity taking the form of an organization. One form overlays the other. Those with whom it has legal …

Information Technology And Firm Employment, James Bessen

Faculty Scholarship

Do firms displace labor with new information technologies such as “artificial intelligence”? It is challenging to distinguish the effects of technology adoption from unobserved productivity and demand shocks. We take a first look at the economic impacts of large custom software investment —“IT spikes”—using a novel methodology to obtain consistent estimates. Following these events, firm employment increases by about 7% and revenues by about 11%. Rather than displace labor, IT spikes increase revenues and markups, implying decreased labor share of output. Moreover, growth is greater for firms that use AI, IT-producing firms, newer firms, and those in the trade, service, …

Re-Reading Anita Bernstein's The Common Law Inside The Female Body From The Bottom Of The Well: Analysis Of The Central Park Five, Border Drownings, The Kavanaugh Confirmation, And The Coronavirus, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

The Life Of Administrative Democracy, Joshua Ulan Galperin

Elisabeth Haub School of Law Faculty Publications

Imagine if Congress, the President, and the industries they hoped to regulate all decided that neither politically isolated bureaucrats nor a popularly sanctioned President should wield the power to administer Congress’ laws, to make legislative-type policy, to enforce that policy, and to adjudicate disputes under it. Imagine if there were another experiment, one that has persisted, but few have noticed.

Imagine no longer. Overlooked by most, there is a model for federal administration that does not rely on isolated administrators or Presidential control, but instead on elected bureaucrats. Today, the United States Department of Agriculture houses over 7,500 elected farmer-bureaucrats …

Decarbonization In Democracy, Shelley Welton

Faculty Publications

Conventional wisdom holds that democracy is structurally ill-equipped to confront climate change. As the story goes, because each of us tends to dismiss consequences that befall people in other places and in future times, “the people” cannot be trusted to craft adequate decarbonization policies, designed to reduce present-day, domestic carbon emissions. Accordingly, U.S. climate change policy has focused on technocratic fixes that operate predominantly through executive action to escape democratic politics — with vanishingly little to show for it after a change in presidential administration.

To help craft a more durable U.S. climate change strategy, this Article scrutinizes the purported …

“A Victim Is A Victim:” Lgbt Blindness Among Victim Assistance Workers, Michael C. Lasala, James P. Fedor

Qualitative Criminology (QC)

"LGBT crime victims underutilize victim assistance services because they fear secondary victimization by homophobic and insensitive workers and organizations. However, assessment of the perceptions and competence of those working with these populations is largely absent from the literature. To address this gap, we qualitatively investigated 83 victim assistance workers and administrators regarding their practices with LGBT victims. Overall, respondents believed that a victim’s sexual orientation or gender identity was irrelevant, which was well-meaning but potentially perpetuated a type of LGBT cultural blindness to the needs of these populations, not dissimilar to color blindness among some white service providers toward African …

Joined-Up Government In The Prevention Of Terrorist-Financing Offenses By Nonprofit Organizations: An Evidence-Based Approach, Maliki Sukmana

Jurnal Politik

Indonesian interagency coordination to prevent terrorist-financing offenses by nonprofit organizations has several drawbacks. This article applies textual analysis and an evidence-based approach to draw effective coordination mechanisms from several countries’ experiences and to design a model of interagency coordination. The model illustrates mechanisms that can be the drivers of changes and minimize ineffective interagency coordination, which may lead to an increase in nonprofit vulnerabilities to terrorist-financing offenses. Evidence drawn from several countries that are contextually relevant to Indonesia, namely, Australia, Malaysia, Saudi Arabia, and Singapore, illustrates that effective interagency coordination potentially reduces the risks of terrorist financing and has synchronized …

The (Morally) Courageous Leader: Inside-Out Leadership, Capt. Stephen Trainor

The International Journal of Ethical Leadership

No abstract provided.

Nonstate Actors And Anti-Access/Area Denial Strategies: The Coming Challenge, Jean-Loup Samaan Dr.

Books, Monographs & Collaborative Studies

This monograph explores the emerging challenge of nonstate actors’ anti-access and area denial (A2/AD) strategies and their implications for the United States and its allies by looking at two regions, the Middle East and Eastern Europe, with case studies such as Hezbollah in Lebanon, Hamas in the Gaza Strip, the Houthis in Yemen, and separatist groups in Ukraine. The historical monopoly of states over precision-guided munitions has eroded, and this evolution eventually challenges the ability of the most advanced militaries to operate in specific environments. As they gain greater access to advanced military technology, some nonstate actors increasingly lean toward …

Optimising Performance: How Jungian Alchemy Informs Organisational Transformation, Nadja Alexander, Michelle Lebaron

Research Collection Yong Pung How School Of Law

In this paper we explore the alchemical possibilities of aesthetics in transforming organizational performance. We ground our discussion in an exploration of how four alchemical elements – earth, water, air and fire – identified in the work of Swiss psychiatrist Carl Jung, can catalyse transformation. Inspired by Jung, we examine how these elements help us to better build awareness – of ourselves, of others in teams and work groups, and of untapped potential in organizational contexts. By developing greater awareness of aesthetics and their alchemical potential, leaders can better navigate the emergent and complex workings of organizational transformation processes, whether …

Administrative Law: Whose Job Is It Anyway?, Allison Mather

Pepperdine Law Review

This Note examines the current state of judicial deference to administrative agencies and suggests modifying the doctrine to better comport with the Constitution. It examines the history of administrative agencies and the rise of judicial deference. The Note explores the present-day applications of judicial deference and analyzes whether the current doctrine is consistent with both its initial underlying policies and the Constitution. Ultimately, judicial deference to administrative agencies raises serious separation of powers concerns and should be modified to remain faithful to the nation’s founding principles.

Compliance As An Exchange Of Legitimacy For Influence, In The Oxford Handbook Of Global Legal Pluralism (Paul Schiff Berman Ed., 2020), Kishanthi Parella

Books and Chapters

This chapter explains that business actors comply with legally nonbinding institutions because of an exchange between legitimacy and influence. Specifically, the information effects produced by both binding and nonbinding institutions can cause reputational damage to a company. To regain its legitimacy, that company associates itself with a more reputable organization than itself, regaining legitimacy through that association. However, that association often comes at a price. In exchange for conferring legitimacy, the external organization will promote its own institutions for the company’s adoption. Companies therefore adopt these institutions in order to credibly signal the quality of their association with the external …

The Constitutionality Of Nationwide Injunctions, Alan M. Trammell

Scholarly Articles

Opponents of nationwide injunctions have advanced cogent reasons why courts should be skeptical of this sweeping remedy, but one of the arguments is a red herring: the constitutional objection. This Essay focuses on the narrow question of whether the Article III judicial power prohibits nationwide injunctions. It doesn’t.

This Essay confronts and dispels the two most plausible arguments that nationwide injunctions run afoul of Article III. First, it shows that standing jurisprudence does not actually speak to the scope-of-remedy questions that nationwide injunctions present. Second, it demonstrates that the Article III judicial power is not narrowly defined in terms of …

Reconsidering Hostile Takeover Of Religious Organizations, B. Jessie Hill

Faculty Publications

Beginning in 2016, the headlines of major publications began announcing that Donald Trump had successfully completed a “hostile takeover” of the Republican Party. Whether this appraisal is accurate or not, it reflects concern about the associational integrity of a voluntary private organization—the Republican Party—and it suggests that some forms of organizational transformation are problematic. Moreover, the same concern might arise regarding other private associations, including religious associations. Yet, given that some transformation is inevitable and universal within religious and other voluntary organizations, it would be unwarranted to assume that all change within a religious organization is necessarily problematic.

This Article …

Cultural Due Diligence And M & A In The Wake Of A Pandemic, Michael R. Siebecker, Iris Lozano

Sturm College of Law: Faculty Scholarship

What insights does the Covid-19 pandemic provide regarding how to refocus cultural due diligence to ensure successful firm integration in mergers and acquisitions (“M&A”) transactions? The question seems particularly pressing considering a number of prominent planned acquisitions have been canceled since the advent of the pandemic. Perhaps most notably, on March 31, 2020, Xerox Holdings Corporation terminated its proposed $32.85 billion hostile acquisition of HP Inc. A few months earlier, friendly merger negotiations between the two companies stalled because the companies could not agree on terms for the exchange of confidential information necessary to assess the terms of any deal. …

Holistic Health And Fitness (This Item Is Published With Basic Incl C1), United States Army

United States Army: Field Manuals

Holistic Health and Fitness (This Item Is Published with Basic Incl C1), United States Army Field Manual FM 7-22, This publication supersedes chapters 1–6 and Appendix D of FM 7-22 dated October 26, 2012

The Possibility Of Prosecuting Corporations For Climate Crimes Before The International Criminal Court: All Roads Lead To The Rome Statute?, Donna Minha

Michigan Journal of International Law

Due to rapid developments in climate science, scientists are now able to quantifiably link significant greenhouse gas emissions caused by major oil and gas corporations to specific climate impacts. These scientific advances have been accompanied by the publication of documents and studies suggesting that the oil and gas industry allegedly had knowledge of climate change as early as sixty years ago, and yet it actively worked to promote climate change denial and to delay governmental regulation on this matter. Though climate-related litigation is proceeding against the industry in different jurisdictions, proceedings brought against oil and gas corporations mainly focus on …

Analyzing Vertical Mergers: Accounting For The Unilateral Effects Tradeoff And Thinking Holistically About Efficiencies, Roger D. Blair, Christine Wilson, D. Daniel Sokol, Keith Klovers, Jeremy Sandford

UF Law Faculty Publications

With the adoption of the 2020 Vertical Merger Guidelines, the U.S. antitrust agencies have updated their guidance on vertical mergers for the Twenty-First Century. Although economists have long recognized the procompetitive benefits most vertical mergers generate, the law has not always followed suit, and has sometimes condemned vertical mergers for making the merged firm more efficient. In this article, we attempt to catalogue the extensive list of efficiencies that vertical mergers can generate, trace the often halting efforts to incorporate these insights into the law, and propose a framework that courts and agencies can use to assess the likely competitive …

Unpacking The Untapped Potential Of First-Line Supervisors : Sergeants' Role In Managing Police Discretion, Danielle Leigh Reynolds

Legacy Theses & Dissertations (2009 - 2024)

The operational uncertainties for police work—e.g. isolation, ambiguity, contextually contingent decision-making—force police departments to push discretion down to its lowest level employees. Consequently, officers are expected to exercise independent thought and judgment in response to the challenges confronted. Yet public criticism of police often breeds from officers’ “poor” decisions and the inordinate amount of discretion they are granted. Police organizations rarely experience crises for failing to control crime, rather it is failure to control police discretion that most often threatens a department’s legitimacy. Consequently, police departments rely on supervision to limit, constrain or shape officers’ discretion so that it mirrors …