Digital Commons Network^™

In Pursuit Of Good & Gold: Data Observations Of Employee Ownership & Impact Investment, Christopher Greczy, Jessica S. Jeffers, David K. Musto, Anne M. Tucker

Scholarly Works

A startup’s path to self-sustaining profitability is risky and hard, and most do not make it. Venture capital (VC) investors try to improve these odds with contractual terms that focus and sharpen employees’ incentives to pursue gold. If the employees and investors expect the startup to balance the goal of profitability with another goal—the goal of good—the risks are likely to both grow and multiply. They grow to the extent that profits are threatened, and they multiply to the extent that balancing competing goals adds a dimension to the incentive problem. In this Article, we explore contracting terms specific to …

Pharmaceutical M&A Activity: Effects On Prices, Innovation, And Competition, Barak D. Richman, Will Mitchell, Elena Vidal, Kevin Schulman

Faculty Scholarship

The rise of blockbuster pharmaceutical acquisitions has prompted fears that unprecedented market concentration will weaken competition. Two of the most prominent concerns focus on the upstream and downstream ends of the pharmaceutical industry: (1) the concern that these mergers will concentrate the market for discovery and will therefore lead to fewer discoveries; and (2) the concern that merging large marketing, sales, and distribution forces will strengthen the hands of select pharmaceutical manufacturers and weaken downstream competition. Having considered potential dynamic effects in the industry and conducted a series of preliminary interviews with knowledgeable observers, though, this Article argues that neither …

Aging Injunctions And The Legacy Of Institutional Reform Litigation, Jason Parkin

Vanderbilt Law Review

Institutional reform litigation has been an enduring feature of the American legal system since the Supreme Court's ruling in Brown v. Board of Education. The resulting injunctions have transformed countless bureaucracies notorious for resisting change, including public school systems, housing authorities, social services agencies, correctional facilities, and police departments. But these injunctions face an uncertain future. The Supreme Court has held that institutional reform injunctions must be easier to terminate than all other injunctions issued by the federal courts. Some institutional reform injunctions go unenforced or are forgotten entirely. Others expire due to sunset provisions. At the same time, doctrinal …

R&D Tax Incentives--Growth Panacea Or Budget Trojan Horse?, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

No abstract provided.

The European Company, Pieter Sanders

Georgia Journal of International & Comparative Law

No abstract provided.

22nd Time’S The Charm: The 2015 Revisions To Summary Judgment In Louisiana, Garrett Filetti

Louisiana Law Review

The article focuses on the overview of summary judgment, the process for making the motion, and the history of the procedure in both federal and Louisiana state courts and practitioners to make motions for summary judgment an integral part of trial preparation.

Article Index Parameters 2016, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

2016 China Food Law Update, Michael T. Roberts, Ching-Fu Lin

Journal of Food Law & Policy

This update of China food law builds on a unique feature for the Journal of Food Law & Policy that has been provided since the Journal's inception - separate food law updates for both the United States and European Union. "Recognizing the globalness of the modem food system, these updates have served an invaluable role in keeping scholars and practitioners abreast of the world's leading food regulatory systems." China's emergence as a developed, modem food regulatory system with the potential of being a leading food regulatory system makes sense given its position as a world economic powerhouse. China's role in …

Provider Transformation And Integrated Employment, Jaimie Ciulla Timmons, Allison Hall, Tom Heinz

All Institute for Community Inclusion Publications

No abstract provided.

Information Technology And Learning On-The-Job, James Bessen

Faculty Scholarship

Economists disagree how much technology raises demand for workers with pre-existing skills. But technology might affect wages another way: through skills learned on the job. Using instrumental variables on 9 panels of workers from 1989 to 2013, this paper estimates that workers who use information technology (IT) have wage growth that is about 2% greater than non-IT workers, all else equal, implying substantial learning. This effect persists over time, implying sustained productivity growth from IT. Also, it benefits workers both with and without college degrees. Because many more college-educated workers use IT, college wages grow faster, contributing to economic inequality.

Am I My Client? Revisited: The Role Of Race In Intra-Race Legal Representation, Julie D. Lawton

Michigan Journal of Race and Law

This Article examines the challenges of intra-race legal representation for lawyers of color, law students of color, and those teaching law students of color by analyzing how the dynamics of the lawyer’s and client’s racial sameness impact legal representation. This Article brings together three strands of lawyering theory – the role of race in lawyering, critical race theory, and the role of the lawyer in intra-race legal representation. In doing so, this Article explores a number of provocative questions: Does being the same race as their clients make lawyers better legal representatives? Should lawyers of color embrace or resist race’s …

Aboriginal Consultation In Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements, Andrea Beck

Dalhousie Law Journal

Due to constitutional protection of Aboriginal water rights, the Canadian government has a duty to consult Aboriginal peoples in water-related decision making. In 2015, Alberta and the Northwest Territories signed an agreement for managing their shared waters in the Mackenzie River Basin. In light of Canada's record, observers have praised the preceding negotiation process as pathbreaking due to its high level of Aboriginal involvement. To evaluate such claims, this paper analyzes Aboriginal consultations in the 2011-2015 NWT-Alberta transboundary water negotiation. The comparative case study reaches the following conclusions. In their bilateral water negotiation, the two jurisdictions differed markedly in terns …

How Computer Automation Affects Occupations: Technology, Jobs, And Skills, James Bessen

Faculty Scholarship

This paper investigates basic relationships between technology and occupations. Building a general occupational model, I look at detailed occupations since 1980 to explore whether computers are related to job losses or other sources of wage inequality. Occupations that use computers grow faster, not slower. This is true even for highly routine and mid-wage occupations. Estimates reject computers as a source of significant net technological unemployment or job polarization. But computerized occupations substitute for other occupations, shifting employment and requiring new skills. Because new skills are costly to learn, computer use is associated with substantially greater within-occupation wage inequality.

Can You Blow My Whistle? A Harmonious Marriage Of State Legislation And Federal Protections To Create A More Perfect Union Of Private Whistleblower Rights, Dominic Delorantis, Christen Kalkanis

Hofstra Labor & Employment Law Journal

No abstract provided.

Re-Thinking Executive Control Of And Accountability For The Agency, Benedict Sheehy, Don Feaver

Osgoode Hall Law Journal

The organization of many Western governments has undergone dramatic structural and procedural changes over the past century. A large portion of public administration previously done by departments within a more centralized structure of government has been shifted to administrative units, often referred to as “agencies” that fall outside the constitutional core—an “agencified” model. This article investigates the historical contexts and legal developments associated with these changes and illuminates how “agencification” has altered the balance between executive control powers and executive accountability obligations. It examines how the organizational changes have been addressed in both the responsible government models of the United …

Getting Back To The "Grassroots" Of Tax Administration: Because "We The People" Long For A Gathering Of American Eagles To Restore Trust In The Internal Revenue Service With A Rebuild Irs Initiative, Frank Wolpe

Akron Law Review

Like America, our Internal Revenue Service is a work in progress. Yet, for best results, it’s better to avoid thinking too much about what it is or is not! Instead, let’s think more about what the IRS ought to be! This Article thusly offers a realistic path forward with new choices for a local presence, which once again makes it taxpayer/customer-centric. For more effective tax administration, it also offers a return to something that inexcusably went missing in 1998: senior-executive “on-site oversight” of field operations.

If today’s Internal Revenue Service can be fairly described as an exploding volcano …

Profit-Shifting Structures: Making Ethical Judgments Objectively, Part 2, Jeffrey M. Kadet, David Koontz

Articles

MNCs and their advisors have seemingly taken ethics out of the mix when considering the profit-shifting tax structures they have so prolifically and enthusiastically implemented over the past several decades. There may be a variety of reasons for this. First, U.S. tax law is a self-assessment system, meaning that in most cases taxpayers compute and pay tax without advance approval of their tax positions from the IRS. No third party technical test or propriety standard has to be passed on the front end for any tax strategy or structure. Second, direct personal benefits accrue to management and advisors from implementing …

Contract-Boundary-Spanning Governance Mechanisms: Conceptualizing Fragmented And Globalized Production As Collectively Governed Entities, Jaakko Salminen

Indiana Journal of Global Legal Studies

Conceptualizing how private actors can and should control their supply chains is a tricky question with both economic and legal dimensions. The topic is of extreme importance in today's global economy. On the one hand, this importance is highlighted by events such as the catastrophic and deadly collapse of the Rana Plaza factory building in Bangladesh and the economic fiasco of the Olkiluoto 3 nuclear power plant construction project in Finland, both arguably caused by the lack of effective supply chain governance. On the other hand, the potential benefits of successful supply chain governance, shown by examples such as open …

Increasing Health Care Access In Yemen Through Community-Based Health Insurance, Matthew Fuss

Indiana Journal of Global Legal Studies

This Note addresses the implementation of health insurance reform in Yemen. As a result of a system of user fees and a lack of health insurance, the current regime poses serious barriers to health care access for Yemen's uninsured citizens. When the dust settles from the ongoing conflict with Houthi rebels, the time will be ripe for replacing Yemen's health financing system. In order to rebuild trust and curb abuse in the public health system, legal reforms are required to implement health insurance through decentralized decision-making and accountability measures. The Welfare Regime Framework accommodates these general reforms through policies that …

Reverse Mergers: A Legitimate Method For Companies To Go Public Or An Easy Way To Commit Fraud?, Kyla Houge

Journal of the National Association of Administrative Law Judiciary

This article explores reverse mergers, a method commonly used by legitimate businesses and fraudsters alike. Part II provides a historical framework of publicly traded companies by detailing how they first began and exploring how they have evolved. Part III details several reasons a company may decide to go public. Part IV discusses, in detail, three common methods companies use when going public, called initial public offerings, Rule 144 placements, and direct public offerings, and the pros and cons of each method. Part V explores the origin of reverse mergers by explaining what a reverse merger is and exploring how reverse …

Law Enforcement As Political Question, Zachary S. Price

Notre Dame Law Review

Across a range of contexts, federal courts have crafted doctrines that limit judicial secondguessing of executive nonenforcement decisions. Key case law, however, carries important ambiguities of scope and rationale. In particular, key decisions have combined rationales rooted in executive prerogative with concerns about nonenforcement’s “unsuitability” for judicial resolution. With one nonenforcement initiative now before the Supreme Court and other related issues percolating in lower courts, this Article makes the case for the latter rationale. Judicial review of nonenforcement, on this account, involves a form of political question, in the sense of the “political question doctrine”: while executive officials hold a …

Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.

Big Data Sustainability: An Environmental Management Systems Analogy, Dennis D. Hirsch, Jonathan H. King

Washington and Lee Law Review Online

Today, organizations globally wrestle with how to extract valuable insights from diverse data sets without invading privacy, causing discrimination, harming their brand, or otherwise undermining the sustainability of their big data projects. Leaders in these organizations are thus asking: What management approach should businesses employ sustainably to achieve the tremendous benefits of big data analytics, while minimizing the potential negative externalities?

This Paper argues that leaders can learn from environmental management practices developed to manage the negative externalities of the industrial revolution. First, it shows that, along with its many benefits, big data can create negative externalities that are structurally …

The Pedagogy Of Trauma-Informed Lawyering, Deeya Haldar, Sarah Katz

Faculty Publications

“Trauma-informed practice” is an increasingly prevalent approach in the delivery of therapeutic services, social and human services, and now legal practice. Put simply, the hallmarks of trauma-informed practice are when the practitioner puts the realities of the client’s trauma experiences at the forefront in engaging with the client, and adjusts the practice approach informed by the individual client’s trauma experience. Trauma-informed practice also encompasses the practitioner employing modes of self-care to counterbalance the effect the client’s trauma experience may have on the practitioner.

This article posits that teaching trauma-informed practice in law school clinics furthers the goals of clinical teaching, …

Navigating Through The Fog Of Vertical Merger Law: A Guide To Counselling Hospital-Physician Consolidation Under The Clayton Act, Thomas L. Greaney, Douglas Ross

Washington Law Review

Lawyers assessing legality under the antitrust laws of hospital acquisitions of physician practices face a quandary. The case law is sparse, federal enforcement guidance outdated, and academic input conflicting. Applying these muddled standards in the rapidlyevolving health care sector only magnifies the uncertainty. While most transactions will be competitively neutral or beneficial, rapidly evolving market conditions causing integration between hospitals and physicians present opportunities for consolidations that may harm consumer interests. Indeed, given the highly concentrated structure of many hospital markets in the nation, preemptive acquisitions of physician practices may be a tempting strategy for some to undermine competition. This …

What Do Corrupt Firms Have In Common? Red Flags Of Corruption In Organizational Culture, Alison Taylor

Center for the Advancement of Public Integrity (Inactive)

What kind of an organizational culture do corrupt companies tend to have? To answer this question, I conducted a study based on a review of academic literature as well as in-depth interviews with 23 prominent lawyers, investigators, scholars, and policymakers with firsthand knowledge of the inner workings of dozens of corrupt firms. They highlighted a number of common traits often missed by standard compliance processes that might be “red flags” for organizational corruption. These traits don’t guarantee corruption within an organization, but they do point to the conditions in which it thrives.

Educating Lawyer-Leaders: The Mechanics And Artistry Of Case Study Teaching And Discussion Leadership, Garry W. Jenkins

Tennessee Law Review

No abstract provided.

Incarceration Incentives In The Decarceration Era, Avlana Eisenberg

Scholarly Publications

After forty years of skyrocketing incarceration rates, there are signs that a new “decarceration era” may be dawning; the prison population has leveled off and even slightly declined. Yet, while each branch of government has taken steps to reduce the prison population, the preceding decades of mass incarceration have empowered interest groups that contributed to the expansion of the prison industry and are now invested in its continued growth. These groups, which include public correctional officers and private prison management, resist decarceration-era policies, and they remain a substantial obstacle to reform.

This Article scrutinizes the incentives of these industry stakeholders …

A Social Responsibility View Of The "Patent-Centric Linear Model" Of University Technology Transfer, Christopher S. Hayter

Duquesne Law Review

Research universities are increasingly recognized for their role in regional and national economic prosperity. The contributions of research universities are primarily related to their role in the production and dissemination of new knowledge into society, including through the education of students.

New knowledge is the seed corn of innovation, and thus drives social and economic development. Given that research universities are sanctioned by society as non-profit, publicly-chartered organizations devoted to the public good, this article posits that their primary responsibility related to the production of new knowledge-especially new knowledge flowing from federally-funded research-is its rapid dissemination. While there are many …

The Development And Evolution Of The U.S. Law Of Corporate Criminal Liability And The Yates Memo, Sara Sun Beale

Faculty Scholarship

No abstract provided.