Digital Commons Network^™

Trump V. Cook And The American Rule Of For-Cause Removal, Jane Manners, Lev Menand

Faculty Scholarship

No abstract provided.

The Law Of For Cause Removal, Jane Manners, Lev Menand

Faculty Scholarship

For the first time in American history, the Supreme Court is poised to decide what it means for the president to remove a principal officer “for cause.” The case — which arises from the attempted removal of Lisa Cook, a member of the Board of Governors of the Federal Reserve System — has major implications for central bank independence in the United States and, more broadly, for the U.S. administrative state. But given how long it has been since such offices were formally contested, courts and commentators have forgotten many aspects of the legal tradition governing “for cause” removal. In …

Flows, Financing Decisions, And Institutional Ownership Of The U.S. Equity Market, Alon Brav, Dorothy S. Lund, Lin Zhao

Faculty Scholarship

This Article analyzes the relationship between flows to institutional investment managers, corporate financing decisions, and institutional ownership of U.S. public equity. In so doing, it provides new evidence about the drivers of institutional investor growth in equity ownership over the past two decades. Contrary to conventional narrative, we find that equity capital flows into the “Big Three” investment managers have slowed in recent years, with substantial differences between each institution. We also present a framework to understand how fund characteristics and corporate actions such as stock buybacks and equity issuances combine to shape the evolution of institutional ownership, including that …

Campus Crises And The Limits Of Title Vi, Suzanne B. Goldberg, Olatunde C.A. Johnson

Faculty Scholarship

This Piece examines the deployment of Title VI of the Civil Rights Act of 1964 as a mechanism for regulating campus conflict following the 2023 to 2024 campus protests and seeks to reset the discourse in light of the statute’s history, doctrine, and role in higher education. Title VI is an important tool for addressing identity-based harassment, epithets, and violence between students, but it is neither designed nor effective as a tool for negotiating clashes between universities’ cornerstone commitments to robust debate and an optimal learning environment for all students. In converting the statute from a source of protection against …

Why Constitutional Argument Matters, Philip C. Bobbitt

Faculty Scholarship

The program for this symposium promised that I would be discussing the “descriptive grammar of constitutional law.” To put my purpose less benignly, I should say that I mean to attack the practice of limiting what I will call “modal analysis” to its descriptive virtues. Part of that attack will be the claim that courts and their commentators should pay closer attention to the modal requirements of the fundamental forms of constitutional discourse, but not because straying from this is a kind of grammatical faux pas. After all, if the system I have urged for constitutional analysis — the system …

"Activist" Versus "Passive" Investors: A Closer Look At Proxy Contests And The Contemporary Balance Of Advantage, John C. Coffee Jr.

Faculty Scholarship

The era of the hostile takeover has clearly given way to the era of the proxy contest led by an activist hedge fund. Today, a record number of such contests are underway, and they have changed the board composition at many U.S. companies and caused a record number of CEO resignations. But there is a mystery here: when activist funds negotiate for changes with target managements, they often obtain meaningful changes in the board of directors and corporate policies. However, when activists attempt a proxy contest, they have generally been unsuccessful, winning only a small number of seats in a …

Reflections On The Use And Misuse Of Economic Analysis In Copyright, Glynn Lunney

Faculty Scholarship

Economic analysis has long been used to justify copyright regulation. Long before the Statute of Anne, the Stationer’s Guild told the story of the copying competitor, who in the absence of regulation, would copy every original book and offer it for less. In the story, the coping competitor would, in the absence of regulation, deprive the original author of an opportunity to recoup their authorship investment, and so lead to a world where no books at all would be published. To ensure sufficient incentives for authorship, some degree of copyright regulation was thought essential. At the same time, in the …

Designing Contract Modification, Albert H. Choi, George G. Triantis

Articles

For long-term commercial contracts, modification tends to be the norm rather than the exception. While modification often takes place in response to an arrival of new information, contracting parties frequently modify the terms in response to a shift in bargaining power. In this Article, we explain how the flexibility to renegotiate in response to a shift in bargaining power can facilitate long-term contracting and thereby beneficial reliance investments and risk allocation. The prospect of modification can induce contracting parties who expect their bargaining power to improve, such as from the emergence of outside opportunities, to enter into contracts earlier and …

The Durability Of Protections Against Abuse At Interpol Amidst Rising Authoritarian Pressures, Kristina Daugirdas

Articles

Over centuries and across continents, authoritarian governments have demonstrated a large appetite for international cooperation to target political opponents across borders. In 1851, the “first modern police organization”—the Police Union of German States, whose members included Austria and Prussia—was established “with the express purpose of policing the political opposition of established autocratic regimes.” During the 1970s and early 1980s, military regimes in South America participated in a secret scheme known as Operation Condor to coordinate their efforts to suppress subversion. A recent analysis of twenty-nine “hard authoritarian” regional organizations found that twenty-five were engaged in police cooperation. The Shanghai Cooperation …

State Climate Superfunds, Rachel Rothschild

Articles

The harmful effects of climate change have already arrived in cities and states across America, with disasters increasing markedly in recent years along with more gradual environmental changes like sea-level rise and drought. To protect populations and natural resources, significant funding will be necessary for preventative measures as well as disaster response.

At present, it is states and ordinary taxpayers who must shoulder the enormous costs and planning for climate adaptation. A number of state legislators, however, have recently proposed enacting new laws that would require the companies who have most profited from fossil fuel usage to assist in funding …

Can – And Should – The Un Charter Be Saved?, Steven Ratner

Articles

World leaders from Canada’s Mark Carney to Germany’s Friedrich Merz have announced the demise of the international rules that provided some degree of order to international relations since the Second World War.2 The immediate cause is clear to them and others – a seeming abandonment of international law, and the UN Charter in particular, by the United States government, its chief architect and advocate. The U.S. actions and rhetoric over Venezuela and Iran – wars the United States has started – as well as Greenland and Ukraine seem to have confirmed the worst about the future of international law.

Throwing The Supreme Court/Free Speech A Bone, Leah Litman

Reviews

Too often, our “free speech culture” gloms together private censorship and state-sponsored censorship. These things are not the same. Only one of them is prohibited by the First Amendment, and failing to differentiate between the two runs the risk of collapsing the distinction between censorship, on one hand, and on the other, private citizens exercising their own First Amendment rights (sometimes by choosing who to associate with or who to support).

Obituary For The Birth Certificate, Malinda L. Seymore

Faculty Scholarship

Have birth certificates outlived their usefulness? Birth certificates establish an individual’s name, identity, age, race, sex and gender, parental authority, and citizenship. In addition, the information collected at the time of birth and reflected on a long-form birth certificate provides data for public health policy, population statistics, internal migration, government planning, and resource allocation. Birth certificates are also the all-access pass to American life, necessary for many functions of modern life: registering a child in school, signing a child up for soccer, getting a driver’s license and passport, enlisting in the military, and applying for government benefits. All of this, …

Property Rights V. Taxpayer Rights: The Battle Over Tax Foreclosures, Stewart E. Sterk

Articles

No abstract provided.

Fraudulent Transfers And Sovereign Immunity, David G. Carlson

Articles

The article argues that the Supreme Court's decision in United States v. Miller was wrongly decided because it failed to recognize that sovereign immunity is waivable and does not protect the government when it trespasses upon preexisting property rights. The analysis contends that fraudulent transfer claims are quasi in rem actions, meaning the sovereign is subject to the incidental procedures of bankruptcy once enmeshed in such proceedings.

Environmental Risk Modeling For Heavy Rainfall Events In Jeddah City Between The Years (2000-2025), Amina Atallah Al-Rehaili

University of Tabuk Journal for Humanities and Social Sciences

This study models the potential environmental risks associated with heavy rainfall events that affected Jeddah, Saudi Arabia, between 2000 and 2025. A descriptive-analytical approach based on Geographic Information Systems (GIS) was employed to analyze spatial patterns of rainfall and assess their environmental implications. The methodology included a literature review, collection of daily rainfall data, identification of extreme rainfall events, and spatial analysis of rainfall distribution across the city. A suitability model was then developed to determine areas most vulnerable to heavy rainfall hazards. Results indicate that heavy rainfall events and their environmental impacts on residents and property correspond to 70.37% …

The Effectiveness Of A Program Based On The Use Of Concept Maps In Improving Descriptive Text Among Female Students With Learning Disabilities, Bedour Ahmed Bahamam

University of Tabuk Journal for Humanities and Social Sciences

This study aimed to investigate the effectiveness of a program based on the use of concept maps in improving descriptive text writing among middle school female students with learning disabilities. The study employed a quasi-experimental methodology using a single-group pre-test and post-test design. The research instruments included a training program and descriptive writing tasks. The study sample consisted of 21 middle school female students with learning disabilities in Riyadh. The results revealed statistically significant differences between the pre-test and post-test in the number of words produced in the descriptive texts, with the post-test showing superior performance. Additionally, statistically significant differences …

The Reality Of Science Teachers' Possession Of Tpack Model Competencies In Intermediate Schools In Bisha Governorate From Their Perspective, Khaled Saleh Alrawili

University of Tabuk Journal for Humanities and Social Sciences

The study aimed to explore the reality of Science Teachers' Possession of TPACK model Competencies in Intermediate Schools in Bisha Governorate from their Perspective, and its relationship to certain variables (academic qualifications - years of experience). The study used a descriptive survey approach by applying a questionnaire consisting, in its final form, of 30 items distributed across four main axes representing the basic components of the TPACK model. The sample consisted of (85) Science teachers in the Bisha Governorate. The study reached a set of results, including: The third axis, "Pedagogical Knowledge" (PK), came in first place in terms of …

Level Of Cognitive Load Among Students With Learning Disabilities In The Middle Stage In Riyadh Region, Khalid Munahi Hudaib Alqahtani

University of Tabuk Journal for Humanities and Social Sciences

The study aimed to investigate the level of cognitive load among middle school students with learning disabilities in Riyadh and to identify differences in cognitive load levels according to gender (male-female) and grade level (first, second, third). The study adopted a descriptive approach and was conducted on a sample of (80) students with learning disabilities, whose ages ranged from 14 to 16 years. To achieve the study objectives, a Cognitive Load Scale consisting of (30) items distributed across three dimensions was developed: intrinsic load, extraneous load, and germane load. The results revealed that the overall level of cognitive load among …

The Extent Of Acquiring Scientific Concepts In Science Curricula In The Primary Stage For Hearing, Deaf, And Hard-Of-Hearing Students: Evaluating Achievement, Teaching Practices, Challenges, And Improvement Mechanisms, Rashdan Bin Humeed Bin Masoud Al-Mutarrfi

University of Tabuk Journal for Humanities and Social Sciences

This study aimed to investigate the level of acquisition of scientific concepts among hearing, deaf, and hard-of-hearing students in the fifth and sixth grades, and to identify the teaching practices used by science teachers when teaching scientific concepts to these students. Additionally, the study sought to uncover the challenges faced by science teachers in teaching scientific concepts to hearing, deaf, and hard-of-hearing students and to propose mechanisms to help science teachers in primary education increase the acquisition of scientific concepts among these students. The study sample consisted of 136 male and female students and 137 male and female teachers. The …

Consumer Rights In E-Commerce Contracts Under The Saudi Legal System: Reality And Challenges, Saeed Abdullah Badawi Al-Zahrani

University of Tabuk Journal for Humanities and Social Sciences

E-commerce is rapidly evolving in the Kingdom of Saudi Arabia, which necessitates the intervention of the Saudi legislator to provide greater protection for consumers who face various challenges in e-commerce contracts. The central research problem lies in identifying the challenges facing consumer rights in e-commerce contracts under the Saudi legal system and exploring ways to enhance consumer protection in this field - a question this study seeks to answer. This study aims to clarify the concept of e-commerce and the notion of consumer rights in e-commerce, while also highlighting the most significant challenges consumers face in such contracts. Moreover, it …

Digital Aesthetics And Post-Internet Art: Transformations Of The Saudi Art Scene Between Global Discourse And Local Narrative, Lina M. Kattan

University of Tabuk Journal for Humanities and Social Sciences

This research investigates the evolution of artistic practices in Saudi Arabia, focusing on the impact of digital infrastructures and "post-Internet" aesthetics. Addressing the challenges within the Kingdom's 2030 Vision for cultural transformation, the study examines how digital technologies are reshaping art production and exhibition. The core problem lies in understanding Saudi artists' engagement with the global digital landscape while preserving their connection to Arab and Islamic cultural traditions. The research clarifies the dynamic interplay between global digital art discourse and local storytelling, exploring how artists utilize new technologies and addressing challenges like digital archiving, virtual exhibition sustainability, and technological access …

The Effectiveness Of Training On The Use Of Project-Based Learning Methods In Developing The Teaching Skills Of Middle School Science Teachers, Essa Dakheel Alrehaly

University of Tabuk Journal for Humanities and Social Sciences

The current research aimed to measure the effectiveness of training on using project-based learning methods in developing teaching skills among intermediate science teachers. To verify the research hypotheses, a cognitive test and an observation card were used. The experimental treatment materials included the training program in light of project-based learning methods to develop teaching skills among intermediate science teachers. The current research used the experimental method with a quasi-experimental design based on a single-group design with a pre-post application to determine the effect of an independent variable on a dependent variable. The research sample consisted of an experimental group of …

The Factorial Structure Of The Positive Thinking Scale Among Graduate Students (A Case Study Of Tabuk University), Mohammed Abdullah Asiri, Hissah Suliman Albalawi

University of Tabuk Journal for Humanities and Social Sciences

The aim of the research was to identify the factorial structure of the Positive Thinking Scale among graduate students, using confirmatory factor analysis, the level of positive thinking among graduate students, and the differences in the dimensions of positive thinking among graduate students, according to two variables: (gender and specialization). To achieve the research objectives, a descriptive analytical approach was used, and a scale was designed consisting of 36 items distributed across five dimensions (optimism and positive expectation, self-discipline and control of higher-level mental processes, mindfulness, critical thinking, and unconditional self-acceptance). The scale was applied to a stratified random sample …

Presupposition In Shaqraa Al-Madkhali's "I Almost See Me": A Pragmatic Study, Hadiah Faiz Monawer Alrashidy

University of Tabuk Journal for Humanities and Social Sciences

This research investigates the presuppositions inherent in the poetic collection (Diwan) titled "Akadu Arani" (I Almost See Myself) by the poetess, Shaqra al-Madkhali. The study aims to categorize these presuppositions and analyze their functional role in articulating the poetess's intentionality, ultimately facilitating the efficacy of the communicative process. Methodologically, the paper adopts a pragmatic framework complemented by a descriptive-analytical approach. The study is organized into an introduction, a theoretical preamble on the concept of presupposition, and five core analytical sections: (1) Existential, (2) Factive, (3) Lexical, (4) Structural, and (5) Non-factive presupposition. The investigation concludes with several key findings, most …

The Level Of Faculty Members' Awareness At The University Of Tabuk Of The Importance Of Using Artificial Intelligence Applications In Teaching According To Selected Demographic Variables, Mufleh Bin Qublan Bin Bajad Al Judea

University of Tabuk Journal for Humanities and Social Sciences

The present study investigates the level of awareness among faculty members at the University of Tabuk regarding the importance of employing artificial intelligence (AI) applications in teaching. To achieve this aim, the study examines the influence of several demographic and professional variables, including academic rank, gender, years of teaching experience, and the level of training in artificial intelligence. A descriptive-analytical approach was adopted, and data were collected through a questionnaire administered to a sample of faculty members in the College of Education. The results revealed no statistically significant differences in awareness levels attributable to academic rank, gender, or teaching experience. …

Evaluating The Quality Of Learning Disabilities Programs In Saudi Arabia From Teachers' Perspectives: Qualitative Study, Ahmed Lowiheg Aldousari

University of Tabuk Journal for Humanities and Social Sciences

This study investigates the quality of learning disabilities (LD) programs in the Kingdom of Saudi Arabia (KSA) from the perspectives of teachers directly involved in their implementation. The study adopts a qualitative research design, utilizing semi-structured interviews conducted with ten teachers of learning disabilities, including five male and five female teachers. The aim of the study is to explore teachers' perceptions of the effectiveness of current LD programs, identify key challenges encountered in practice, and highlight areas for improvement. The findings reveal that while teachers demonstrate strong commitment and positive attitudes toward supporting students with learning disabilities, several challenges persist, …

How The U.S. Constitution Shapes International Tax Law: Instrument Choice In Tax Agreements, Noam Noked, Young Ran (Christine) Kim, Reuven S. Avi-Yonah

Articles

The U.S. Constitution’s Treaty Clause, which requires Senate approval by a two-thirds vote for treaties, has significantly influenced the development of international tax law. This Article examines the implications of Senate supermajority requirements on bilateral and multilateral tax treaties and agreements, alternative instruments, relevant international tax standards, and global tax governance.

Historically, tax treaties have been approved exclusively as Article II treaties requiring Senate approval. The difficulty of entering into treaties with the United States has influenced the instrument choice and design of U.S. and international tax standards. To address this challenge, several U.S. and international tax reforms have employed …

The Enduring Case For Bankruptcy Exceptionalism, Jared Mayer

Articles

Nearly fifty years after Congress enacted the Bankruptcy Code, a debate has emerged over the existence and desirability of “bankruptcy exceptionalism”: the idea that bankruptcy law should utilize “flexibility, creativity, and pragmatism over technicalities of process and form” to “prioritize fidelity” to “the purposes for which it was created.”  This question is especially salient in the world of corporate reorganizations, where distressed companies and their investors retain counsel precisely for the purpose of hammering out deals in complex commercial settings. In this Essay, I defend bankruptcy exceptionalism in corporate reorganizations.  I show that bankruptcy exceptionalism is a necessary and desirable …

Taxing The Architecture: A Structural Remedy For Disinformation In The Algorithmic Marketplace, Padmakshi Sharma

LL.M. Essays & Theses

This paper argues that the constitutional assumption that truth will prevail over falsehood in the marketplace of ideas has always depended on three structural preconditions. These conditions were: distributive parity for counter-speech, institutional segmentation of the information environment, and epistemic credibility signals that allowed non-expert audiences to distinguish authoritative from non-authoritative sources. Together, these conditions ensured that truth was granted a structural advantage sufficient to offset the harms of falsehood. Social media platforms have destroyed all of these conditions. The destruction is a consequence of an economic model organized around behavioral advertising and engagement maximization, which systematically amplifies disinformation over …