Digital Commons Network^™

Debating Disability Disclosure In Legal Education, Jasmine E. Harris

All Faculty Scholarship

No abstract provided.

“Now I Feel A Little Bit More Secure”: The Impact Of Snap Enrollment On Older Adult Ssi Recipients, Katie Savin, Alena Morales, Ronli Levi, Dora Alvarez, Hilary Seligman

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In June 2019, California expanded Supplemental Nutrition Assistance Program (SNAP) eligibility to Supplemental Security Income (SSI) beneficiaries for the first time. This research assesses the experience and impact of new SNAP enrollment among older adult SSI recipients, a population characterized by social and economic precarity. We conducted semi-structured, in-depth interviews with 20 SNAP participants to explore their experiences with new SNAP benefits. Following initial coding, member-check groups allowed for participants to provide feedback on preliminary data analysis. Findings demonstrate that SNAP enrollment improved participants’ access to nutritious foods of their choice, contributed to overall budgets, eased mental distress resulting from …

Author Correction To: Corticostriatal Functional Connectivity Of Bothersome Tinnitus In Single-Sided Deafness (Scientific Reports, (2019), 9, 1, (19552), 10.1038/S41598-019-56127-1), Jennifer Henderson-Sabes, Yingying Shang, Philip L. Perez, Jolie L. Chang, Seth E. Pross, Anne M. Findlay, Danielle Mizuiri, Leighton B. Hinkley, Srikantan S. Nagarajan, Steven W. Cheung

All Faculty Scholarship

An amendment to this paper has been published and can be accessed via a link at the top of the paper.

Corporate Crime And Punishment: An Empirical Study, Dorothy S. Lund, Natasha Sarin

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For many years, law and economics scholars, as well as politicians and regulators, have debated whether corporate criminal enforcement overdeters beneficial corporate activity or in the alternative, lets corporate criminals off too easily. This debate has recently expanded in its polarization: On the one hand, academics, judges, and politicians have excoriated enforcement agencies for failing to send guilty bankers to jail in the wake of the 2008 financial crisis; on the other, the U.S. Department of Justice has since relaxed policies that encouraged individual prosecutions and reduced the size of fines and number of prosecutions. A crucial and yet understudied …

Do Esg Funds Deliver On Their Promises?, Quinn Curtis, Jill E. Fisch, Adriana Z. Robertson

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Corporations have received growing criticism for their role in climate change, perpetuating racial and gender inequality, and other pressing social issues. In response to these concerns, shareholders are increasingly focusing on environmental, social, and corporate governance (ESG) criteria in selecting investments, and asset managers are responding by offering a growing number of ESG mutual funds. The flow of assets into ESG is one of the most dramatic trends in asset management.

But are these funds giving investors what they promise? This question has attracted the attention of regulators, with the Department of Labor and the Securities and Exchange Commission (SEC) …

Regulating New Tech: Problems, Pathways, And People, Cary Coglianese

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New technologies bring with them many promises, but also a series of new problems. Even though these problems are new, they are not unlike the types of problems that regulators have long addressed in other contexts. The lessons from regulation in the past can thus guide regulatory efforts today. Regulators must focus on understanding the problems they seek to address and the causal pathways that lead to these problems. Then they must undertake efforts to shape the behavior of those in industry so that private sector managers focus on their technologies’ problems and take actions to interrupt the causal pathways. …

Physical Properties Of Massive Compact Starburst Galaxies With Extreme Outflows, Serena Perrotta, Erin R. George, Alison L. Coil, Christy A. Tremonti, David S.N. Rupke, Julie D. Davis, Aleksandar M. Diamond-Stanic, James E. Geach, Ryan C. Hickox, John Moustakas, Grayson C. Petter, Gregory H. Rudnick, Paul H. Sell, Cameren N. Swiggum, Kelly E. Whalen

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We present results on the nature of extreme ejective feedback episodes and the physical conditions of a population of massive (M * ∼ 1011 M ⊙), compact starburst galaxies at z = 0.4–0.7. We use data from Keck/NIRSPEC, SDSS, Gemini/GMOS, MMT, and Magellan/MagE to measure rest-frame optical and near-IR spectra of 14 starburst galaxies with extremely high star formation rate surface densities (mean ΣSFR ∼ 2000 M ⊙ yr−1 kpc−2) and powerful galactic outflows (maximum speeds v 98 ∼ 1000–3000 km s−1). Our unique data set includes an ensemble of both emission ([O ii] λλ3726,3729, Hβ, [O iii] λλ4959,5007, Hα, …

Antitrust And Platform Monopoly, Herbert J. Hovenkamp

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Are large digital platforms that deal directly with consumers “winner take all,” or natural monopoly, firms? That question is surprisingly complex and does not produce the same answer for every platform. The closer one looks at digital platforms the less they seem to be winner-take-all. As a result, competition can be made to work in most of them. Further, antitrust enforcement, with its accommodation of firm variety, is generally superior to any form of statutory regulation that generalizes over large numbers.

Assuming that an antitrust violation is found, what should be the remedy? Breaking up large firms subject to extensive …

Addressing The Divisions In Antitrust Policy, Herbert J. Hovenkamp

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This is the text of an interview conducted in writing by Professor A. Douglas Melamed, Stanford Law School.

The Supreme Court And The Pro-Business Paradox, Elizabeth Pollman

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One of the most notable trends of the Roberts Court is expanding corporate rights and narrowing liability or access to justice against corporate defendants. This Comment examines recent Supreme Court cases to highlight this “pro-business” pattern as well as its contradictory relationship with counter trends in corporate law and governance. From Citizens United to Americans for Prosperity, the Roberts Court’s jurisprudence could ironically lead to a situation in which it has protected corporate political spending based on a view of the corporation as an “association of citizens,” but allows constitutional scrutiny to block actual participants from getting information about …

Pandemic Hope For Chapter 11 Financing, David A. Skeel Jr.

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One of the biggest surprises of the recent pandemic from a bankruptcy perspective has been the ready availability of financing. A variety of factors—such as an estimated $2.5 trillion in available funding at the outset of the crisis and the buoyant stock market—may have contributed. In this Essay, I focus on a less widely appreciated factor, a striking shift in the capital structure of many corporate debtors. Rather than borrowing from one group of lenders, debtors now often borrow from multiple groups of diverse lenders. Although the new capital structure complexity has downsides, it also could counteract a longstanding problem …

Presidential Primacy Amidst Democratic Decline, Arshaf Ahmed, Karen Tani

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Fifty years ago, when the Harvard Law Review asked Professor Harry Kalven, Jr., to take stock of the Supreme Court’s 1970 Term, Kalven faced a task not unlike Professor Cristina Rodríguez’s. That Term’s Court had two new members, Justices Harry Blackmun and Warren Burger. The Nixon Administration was young, but clearly bent on making its own stamp on American law, including via the Supreme Court. Kalven thus expected to see “dislocations” when he reviewed the Court’s recent handiwork. He reported the opposite. Surveying a Term that included such cases as Palmer v. Thompson, Younger v. Harris, Boddie v. …

Establishment Of Host–Algal Endosymbioses: Genetic Response To Symbiont Versus Prey In A Sponge Host, Sara Geraghty, Vasiliki Koutsouveli, Chelsea Hall, Lillian Chang, Oriol Sacristan-Soriano, Malcolm Hill, Ana Riesgo, April Hill

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The freshwater sponge Ephydatia muelleri and its Chlorella-like algal partner is an emerging model for studying animal: algal endosymbiosis. The sponge host is a tractable laboratory organism, and the symbiotic algae are easily cultured. We took advantage of these traits to interrogate questions about mechanisms that govern the establishment of durable intracellular partnerships between hosts and symbionts in facultative symbioses. We modified a classical experimental approach to discern the phagocytotic mechanisms that might be co-opted to permit persistent infections, and identified genes differentially expressed in sponges early in the establishment of endosymbiosis. We exposed algal-free E. muelleri to live native …

Mutual Fund Stewardship And The Empty Voting Problem, Jill E. Fisch

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When Roberta Karmel wrote the articles that are the subject of this symposium, she was skeptical of both the potential value of shareholder voting and the emerging involvement of institutional investors in corporate governance. In the ensuing years, both the increased role and engagement of institutional investors and the heightened importance of shareholder voting offer new reasons to take Professor Karmel’s concerns seriously. Institutional investors have taken on a broader range of issues ranging from diversity and political spending to climate change and human capital management, and their ability to influence corporate policy on these issues has become more significant. …

Nowhere To Run To, Nowhere To Hide, Praveen Kosuri, Lynnise Pantin

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As the COVID-19 global pandemic ravaged the United States, exacerbating the country’s existing racial disparities, Black and brown small business owners navigated unprecedented obstacles to stay afloat. Adding even more hardship and challenges, the United States also engaged in a nationwide racial reckoning in the wake of the murder of George Floyd resulting in wide-scale protests in the same neighborhoods that initially saw a disproportionate impact of COVID-19 and harming many of the same Black and brown business owners. These business owners had to operate in an environment in which they experienced recurring trauma, mental anguish and uncertainty, along with …

What Is The Relationship Between Language And Thought?: Linguistic Relativity And Its Implications For Copyright, Christopher S. Yoo

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To date, copyright scholarship has almost completely overlooked the linguistics and cognitive psychology literature exploring the connection between language and thought. An exploration of the two major strains of this literature, known as universal grammar (associated with Noam Chomsky) and linguistic relativity (centered around the Sapir-Whorf hypothesis), offers insights into the copyrightability of constructed languages and of the type of software packages at issue in Google v. Oracle recently decided by the Supreme Court. It turns to modularity theory as the key idea unifying the analysis of both languages and software in ways that suggest that the information filtering associated …

Proportionality, Constraint, And Culpability, Mitchell N. Berman

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Philosophers of criminal punishment widely agree that criminal punishment should be “proportional” to the “seriousness” of the offense. But this apparent consensus is only superficial, masking significant dissensus below the surface. Proposed proportionality principles differ on several distinct dimensions, including: (1) regarding which offense or offender properties determine offense “seriousness” and thus constitute a proportionality relatum; (2) regarding whether punishment is objectionably disproportionate only when excessively severe, or also when excessively lenient; and (3) regarding whether the principle can deliver absolute (“cardinal”) judgments, or only comparative (“ordinal”) ones. This essay proposes that these differences cannot be successfully adjudicated, and one …

Vertical Control, Herbert J. Hovenkamp

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Antitrust litigation often requires courts to consider challenges to vertical “control.” How does a firm injure competition by limiting the behavior of vertically related firms? Competitive injury includes harm to consumers, labor, or other suppliers from reduced output and higher margins.

Historically antitrust considers this issue by attempting to identify a market that is vertically related to the defendant, and then consider what portion of it is “foreclosed” by the vertical practice. There are better mechanisms for identifying competitive harm, including a more individualized look at how the practice injures the best placed firms or bears directly on a firm’s …

Equal Protection And Abortion: Brief Of Equal Protection Constitutional Law Scholars Serena Mayeri, Melissa Murray, And Reva Siegel As Amici Curiae In Support Of Respondents In Dobbs V. Jackson Women's Health Organization, Reva Siegel, Melissa Murray, Serena Mayeri

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Equal Protection changes the questions we ask about abortion restrictions. In Dobbs v. Jackson Women’s Health Organization, an amicus brief filed on our behalf demonstrated that Mississippi’s ban on abortions after 15 weeks violates the Fourteenth Amendment’s Equal Protection Clause. The brief continues a tradition of equality arguments that preceded Roe v. Wade and will continue, in new forms, after Dobbs. Our brief shows how the canonical equal protection cases United States v. Virginia and Department of Human Resources v. Hibbs extend to the regulation of pregnancy, hence provide an independent constitutional basis for abortion rights.

Under equal …

Dynamic Electrode-To-Image (Deti) Mapping Reveals The Human Brain’S Spatiotemporal Code Of Visual Information, Bruce C. Hansen, Michelle R. Greene, David J. Field

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A number of neuroimaging techniques have been employed to understand how visual information is transformed along the visual pathway. Although each technique has spatial and temporal limitations, they can each provide important insights into the visual code. While the BOLD signal of fMRI can be quite informative, the visual code is not static and this can be obscured by fMRI’s poor temporal resolution. In this study, we leveraged the high temporal resolution of EEG to develop an encoding technique based on the distribution of responses generated by a population of real-world scenes. This approach maps neural signals to each pixel …

Arctic Lagoon And Nearshore Food Webs: Relative Contributions Of Terrestrial Organic Matter, Phytoplankton, And Phytobenthos Vary With Consumer Foraging Dynamics, Kelton W. Mcmahon, William G. Ambrose, Melinda J. Reynolds, Beverly J. Johnson, Alex Whiting, Lisa M. Clough

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Characterizing energy flow and trophic linkages is fundamental to understanding the functioning and resilience of Arctic ecosystems under increasing pressure from climate change and anthropogenic exploitation. We used carbon and nitrogen stable isotopes to examine trophic dynamics and the relative contribution of terrestrial organic matter, water column phytoplankton, and phytobenthos (benthic micro- and macro-autotrophs as well as sea ice algae) to the food webs supporting 45 macroconsumers in three Arctic coastal lagoon ecosystems (Krusenstern, Sisualik, Akulaaq) and the adjacent Kotzebue Sound with varying degrees of connectivity in Cape Krusenstern National Monument, Alaska. A two-source (water column particulate organic matter and …

The State In Private Security: Examining Mexico City’S Complementary Police, Logan Puck

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This study investigates the participation of the Mexico City government in the private security market through the Policía Complementaria (Complementary Police), a grouping of public police forces that provide protection to clients in exchange for a fee. By providing these forces with special powers and advantages, the state can outcompete traditional private security firms and profit handsomely. The state’s encroachment into the market for security raises concerns about democracy, inequality, and policing. Moreover, it challenges traditional conceptions about the relationship between the state and private security.

Climate And Transportation Policy Sequencing In California And Quebec, Sonya Ziaja, Mark Purdon, Julie Witcover, Colin Murphy, Mark Winfield, Genevieve Giuliano, Charles Séguin, Colleen Kaiser, Jacques Papy, Lewis Fulton

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We compare flexible low-carbon regulations in the transportation sector and their interaction and sequencing with greenhouse gas emissions trading systems in California and Quebec. As momentum builds for greater climate action, it is necessary to better understand how carbon markets and other low-carbon transportation policies influence one another. First, we demonstrate that emissions trading between California and Quebec has been asymmetric, with linking having little influence on carbon prices from California's perspective but leading to a considerable cost reduction from the point of view of Quebec. Second, we present evidence that Quebec has replicated many of California's low-carbon transportation policies …

Appreciating The Overlooked Contributions Of The New Harvard School, Christopher S. Yoo

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My colleague, Herbert Hovenkamp, is almost universally recognized as the most cited and the most authoritative US antitrust scholar. Among his many honors, his status as the senior author of the authoritative Areeda and Hovenkamp treatise makes him the unquestioned leader of the New Harvard School, which has long served as the bellwether for how courts are likely to resolve emerging issues in modern antitrust doctrine. Unfortunately, its defining tenets and its positions on emerging issues remain surprisingly obscure. My contribution to this festschrift explores the core commitments that distinguish the New Harvard School from other approaches to antitrust. It …

The Contagion Of Mass Shootings: The Interdependence Of Large-Scale Massacres And Mass Media Coverage, James Alan Fox, Nathan E. Sanders, Emma E. Fridel, Grant Duwe, Michael Rocque

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Mass public shootings have generated significant levels of fear in the recent years, with many observers criticizing the media for fostering a moral panic, if not an actual rise in the frequency of such attacks. Scholarly research suggests that the media can potentially impact the prevalence of mass shootings in two respects: (i) some individuals may be inspired to mimic the actions of highly publicized offenders; and (ii) a more general contagion process may manifest as a temporary increase in the likelihood of shootings associated with a triggering event. In this study of mass shootings since 2000, we focus on …

The Changing Landscape Of Women's Rights Activism In China, Rangita De Silva De Alwis, Katherine Schroeder

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The Beijing Conference was a watershed moment in the history of the global women’s movement and had an unprecedented impact in the Global North and South on lawmaking, institution building, and movement building. This Article details the development of women’s activism in China since the Beijing Conference and how a changing legal landscape impacts this activism. While its progress is emblematic of the inconsistencies in the progression of women’s rights activism since the Beijing Conference, China’s efforts have been significant and varied and represent a model for other countries seeking to reform women’s rights legislation. This Article identifies important lines …

Republicanism: Philosophical Aspects | Republicanismo: Aspectos Filosóficos, Mortimer N.S. Sellers

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Republicanism is the doctrine that public power should always serve the common good of all those subject to its rule. This raises the question how to do so most effectively, either through particular policies or through constitutional structure (“the republican form of government”). The republican philosophical tradition began with Plato and Aristotle, flowered in the writings of Marcus Tullius Cicero, and reappeared with the revival of learning in such authors as Machiavelli, James Harrington, John Adams, and Immanuel Kant. More recently Philip Pettit, Jürgen Habermas, and others have returned to the republican conception of liberty as nondomination, and how to …

After The Crime: Rewarding Offenders’ Positive Post-Offense Conduct, Paul H. Robinson, Muhammad Sarahne

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While an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision-makers in the criminal justice system.

Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it but also as a matter of fair and just treatment. This essay describes four kinds of positive …

Antitrust Harm And Causation, Herbert J. Hovenkamp

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How should plaintiffs show harm from antitrust violations? The inquiry naturally breaks into two issues: first, what is the nature of the harm? and second, what does proof of causation require? The best criterion for assessing harm is likely or reasonably anticipated output effects. Antitrust’s goal should be output as high as is consistent with sustainable competition.

The standard for proof of causation then depends on two things: the identity of the enforcer and the remedy that the plaintiff is seeking. It does not necessarily depend on which antitrust statute the plaintiff is seeking to enforce. For public agencies, enforcement …

The Deregulation Deception, Cary Coglianese, Natasha Sarin, Stuart Shapiro

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President Donald Trump and members of his Administration repeatedly asserted that they had delivered substantial deregulation that fueled positive trends in the U.S. economy prior to the COVID pandemic. Drawing on an original analysis of data on federal regulation from across the Trump Administration’s four years, we show that the Trump Administration actually accomplished much less by way of deregulation than it repeatedly claimed—and much less than many commentators and scholars have believed. In addition, and also contrary to the Administration’s claims, overall economic trends in the pre-pandemic Trump years tended simply to follow economic trends that began years earlier. …