Digital Commons Network^™

What’S Law Got To Do With It? How The Degree Of Legalization Affects The Durability Of Post-Conflict Autonomy Agreements, Felix Schulte, Gene Carolan

Articles

Research has identified several factors that impact the sustainability of post-conflict territorial autonomy arrangements (TAA), including previous levels of violence, economic development in a given territory, or the strategic importance thereof. We argue that a hitherto neglected variable lies in the legal form of the autonomy agreement – that is, the degree to which it has been ‘legalized’ by the language and processes prescribed in the agreement. Based on a qualitative evaluation, we assess the legalization degree of 236 TAA signed between 1990 and 2019. Survival analyses and Cox regression models show that a higher degree of legalization has a …

The Knottiest Of Gordian Knots: Article 17 Of The Copyright Directive, Mark Hyland, Thomas Perry

Articles

This article analyses the much debated Article 17 of the EU Copyright Directive (Directive 2019/790) in the light of last year’s comprehensive European Commission guidance. The aim of the guidance is to support a correct and coherent transposition of Article 17 across the EU27. Following the recent landmark judgment in Case C-401/19, Poland v European Parliament and Council of the EU, some commentators have now suggested that it might be timely for the European Commission to issue further guidance on Article 17.

Comparing The Meaning Of ‘Thesis’ And ‘Final Year Project’ In Architecture And Engineering Education, Rahman Tafahomi, Shannon Chance

Articles

Architectural education shares much in common with engineering, including the use of a culminating capstone experience in the final year. The form of this experience varies, with the research-based thesis and final-year project being most common. This paper explores the literature on traditions of enquiry and the meaning of research in various fields and the evolution of the ‘thesis’ and ‘final year project’ approaches over time. It then briefly summarises empirical research conducted on a case study institution struggling to bridge gaps in understandings of these distinct forms of learning and teaching. Throughout, the paper presents a comprehensive set of …

Validating The Effects Of Organizational Internal Factors And Technology Orientation On Environmental Sustainability Performance Of Malaysian Construction Firms, Waliu Adeniyi Ajibike, Adekunle Qudus Adeleke, Mohd Nasrun Mohd Nawi, Jibril Adewale Bamgbade, Salman Riazi Mehdi Riazi, Mohd Fauzi Ahmad, Sitahsu Panda

Articles

The essence of emphasizing the importance of environmental sustainability among construction firms is to lessen the effects of construction activities or projects on the environment and make the construction activities more sustainably economically and friendly to the environment. This significant deliberation has stimulated various research interests by construction firms, owing to the damaging effects of construction activities such as various forms of environmental pollution, resource depletion, and biodiversity loss on a global scale. Using the Partial Least Squares- Structural Equation Modeling (PLS-SEM) approach, this study validates the environmental sustainability performance (ESP) as a construct from the perspectives of 186 construction …

How Online Discourse Networks Fields Of Practice: The Discursive Negotiation Of Autonomy On Art Organisation About Pages, Tommie Soro

Articles

This article examines how the online discourse of art organisations forges relationships between the artworld and the fields of politics and economy. Combining elements of Pierre Bourdieu’s field analysis and Norman Fairclough’s critical discourse analysis, the article analyses an elite art magazine, e-flux, and an elite art museum, IMMA, and the activities of discourses, genres, and utterances on their about pages. Its results suggest that the about pages of these organisations forge links between the artworld and the fields of politics and economy by mobilising discourse in these fields and by incorporating discourse practices from these fields. The ideological tension …

Watchdogs Of The Economy: The Development Of Irish Economics Profession’S Independent Voice, Joseph K. Fitzgerald, Brendan O'Rourke

Articles

Histories of the development of professions show a profession’s relationship with the state as key to its authority. Yet professions, to gain technocratic authority, also strive to depoliticise their discourses to gain technocratic authority. This dilemmatic tension is particularly true for the economics profession. The historical development of the Irish economics provides an interesting case, where a complicated relationship with the state ultimately strengthened the profession within a society. An initial formalisation trajectory of Irish economics was thrown off course by the formation of an independent Irish state in the 1920s. This marked a period of isolation for the profession …

Sustainability In Supply Chain Management: Using Drawings To Understand Undergraduates’ Perceptions Of Sustainability, Sharon Feeney, John William Hogan

Articles

Purpose – This paper presents an interpretation of freehand drawings produced by supply chain management undergraduates in response to the question: “What is sustainability?” Having to explain sustainability pictorially forced students to distill what the essence of sustainability meant to them and provided insights into how they perceived sustainability and their roles in achieving sustainability in the context of supply chain management. Design/methodology/approach – Students were asked to draw and answer the question “What is sustainability?” These drawings were discussed/interpreted in class. All drawings were initially examined quantitatively, before a sample of four were selected for presentation here. Findings – …

Vying For And Forgoing Visibility: Female Next Gen Leaders In Family Business With Male Successors, Martina Brophy, Maura Mcadam, Eric Clinton

Articles

Purpose – The purpose of this paper is to examine the identity work undertaken by female next generation to navigate (in)visibility in family businesses with male successors. To enhance understanding of gendered identity work in family businesses, the authors offer important insights into how female next generation use (in)visibility to establish legitimacy and exercise power and humility in partnership with male next generation in their family business. Design/methodology/approach – This empirical qualitative paper draws upon in-depth interviews with 14 next generation female leaders. Findings – This study offers a model to show how female next generation establish their legitimacy amongst …

Internationalization As A Strategy To Enhance Higher Education Quality In Vietnam – Reflections From University Leaders, Nguyen Trong Hoai, Luong Vinh Quoc Duy, Damien Cassells

Articles

Internationalization is viewed as an important strategy in the context of a country in transition from central planning to market orientation. Efforts to internationalize universities are being carried out at both national and institutional levels. However, to the best of the authors’ knowledge, there has been no study to investigate how individual institutions approach internationalization and what they gain from that process. This paper aims to investigate the enhancement of teachers’ and students’ knowledge and skills using internationalization in Vietnam universities as a strategy.

Finally, It Seems To Be Working – The Evolving Valuation Effect Of The European Union’S Emissions Trading System, Benjamin Lynch, Martha O'Hagan-Luff

Articles

This research examines the market reaction to the publication of firm-specific environmental news for participating firms in the European Union’s Emissions Trading System (EU ETS) during its third phase. Our sample of 123 publicly listed participating firms, located in 21 European countries, accounted for 45.43% of emissions in the EU ETS in 2020. Using an event study methodology during the period 2014–2021, we find that positive news was rewarded with increased returns for publication events related to the latter years of the phase (2017–2020) while it had an insignificant impact for earlier year (2013–2016). This indicates that the EU ETS …

Understanding Professional Skills In Engineering Education: A Phenomenographic Study Of Faculty Conceptions, Una Beagon, Brian Bowe

Articles

Abstract Background Globalization and socially complex problems will greatly affect the way engineers work in the future. Therefore, efforts to transform engineering education must focus on professional skills and engagement of faculty as key change agents.

Purpose/Hypotheses For engineering programs to address the needs of society, graduates must have the skills to tackle future challenges. Transformation will only be successful if faculty fully engage in all curriculum design aspects; however, little is known about how faculty view professional skills. This understanding is critical if we wish to support and encourage their participation in the transformation effort. This novel study reveals …

Has The Idaho Supreme Court Wrongly Limited Wrongful Discharge In Contravention Of Public Policy Claims?, John E. Rumel

Articles

No abstract provided.

Can't Get It Out Of My Head: Trade Secrets Liability For Remembered Information, Timothy Murphy

Articles

The earliest trade secrets cases recognized that intentional memorization of trade secret information for the purpose of misappropriating that information should be redressable in a trade secrets action. However, courts did not distinguish between information that was intentionally memorized versus information that was inadvertently remembered. In the early days, trade secrets law was characterized by unfair competition approaches whereby liability would be found only if there was some improper act by the misappropriator. This approach was solidified in the Restatement (First) of Torts, which conditioned misappropriation liability upon a knowledge requirement. The knowledge requirement continued in the later statutory period, …

Rulemaking 3.0: Incorporating Ai And Chatgpt Into Notice And Comment Rulemaking, Stephen M. Johnson

Articles

Technological innovations since the turn of the century have created opportunities to increase public participation in notice and comment rulemaking, increase the efficiency of the process, and increase the quality of the rules adopted by agencies. For some rules, online rulemaking and social media have facilitated increased public participation, but have not necessarily facilitated improvements in the quality of public comments. In addition, in some cases, the transformation of the process has created new challenges for government agencies by making it easier for supporters or opponents of rules to flood agencies with duplicative and potentially false comments to which the …

The Corporate Governance Of Public Utilities, Aneil Kovvali, Joshua A. Macey

Articles

Rate-regulated public utilities own and operate one-third of U.S generators and nearly all the transmission and distribution system. These firms receive special regulatory treatment because they are protected from competition and subject to rate caps. In the past decade, they also have been at the center of high- profile corporate scandals. They have bribed regulators to secure subsidies for coal-fired generators and nuclear reactors. They have caused wildfires and coal- ash spills that resulted in hundreds of deaths and billions of dollars in liability. Their failure to maintain reliable electric service has contributed to catastrophic blackouts. Perhaps most consequentially, they …

Book Review: The “Common-Good” Manifesto, William Baude, Stephen E. Sachs

Articles

In Common Good Constitutionalism, Professor Adrian Vermeule expounds a constitutional vision that might “direct persons, associations, and society generally toward the common good.” The book must be taken seriously as an intellectual challenge, particularly to leading theories of originalism.

That said, the challenge fails. The book fails to support its hostility toward originalism, to motivate its surprising claims about outcomes, or even to offer an account of constitutionalism at all. Its chief objections to originalism are unpersuasive and already answered in the literature it cites. The book does highlight important points of history and jurisprudence, of which originalists and others …

State International Agreements: The United States, Canada, And Constitutional Evolution, Curtis A. Bradley

Articles

The text of the US Constitution appears to require that individual states, to the extent that they are ever allowed to conclude agreements with foreign governments, must obtain congressional approval. In practice, however, states conclude many agreements with foreign governments, including with Canada and its provinces, and they almost never seek congressional approval. This practice is an illustration of both the importance of federalism in US foreign relations and the significant role played by historical practice in informing US constitutional interpretation. The phenomenon of state international agreements assumed new prominence in 2019 when the Trump administration sued to challenge a …

The Long Hand Of Anti-Corruption: Israeli Judicial Reform In Comparative Perspective, Tom Ginsburg

Articles

There are many ways in which to examine the current Israeli constitutional crisis. This article uses the lens of anti-corruption, a global movement which has changed politics in many countries. The long empowerment of the legal system in Israel arguably has its origins in policing corruption, which may be a particularly powerful motivator for the current governing coalition’s efforts to assert more control over the Supreme Court. The dynamics of anti-corruption in Israel are somewhat distinct from those of other countries in ways that may bode well for the Court in its confrontation with the government.

Fractured Majorities And Their Reasons, Saul Levmore

Articles

The wisdom of crowds correctly exalts majority decision-making on appellate courts as well as on many other settings, including hospitals and committees with multiple doctors or board members. But the same confidence in majorities should be applied to the reasons that are attached to a vote, or opinion, and then to a majority’s rejection of a member’s reasoning. This Article introduces the problems confronted when examining the reasons for opinions, and then the reasons beneath those reasons. It shows that majority decision-making is not as reliable as it first seems and, indeed, that a single decision-maker may at times be …

Coordinated Rulemaking And Cooperative Federalism’S Administrative Law, Bridget A. Fahey

Articles

“Cooperative federalism” is not just a model of federalism; it is a model of administration. From health care to air quality to emergency management, transportation, immigration, national security, and more, cooperative federalism is the regulatory model of choice. But scholars have yet to conceptualize a cooperative administrative law for cooperative federalism. As this Article shows, however, federal and state bureaucracies have devised intricate strategies for coordinating their implementation of the programs they jointly administer.

The Article begins to elaborate cooperative federalism’s unseen administrative apparatus by focusing on its distinctive form of legislative rulemaking, the workhorse of administrative law. I show …

Against Political Theory In Constitutional Interpretation, Christopher S. Havasy, Joshua C. Macey, Brian Richardson

Articles

Judges and academics have long relied on the work of a small number of Enlightenment political theorists—particularly Locke, Montesquieu, and Blackstone—to discern meaning from vague and ambiguous constitutional provisions. This Essay cautions that Enlightenment political theory should rarely, if ever, be cited as an authoritative source of constitutional meaning. There are three principal problems with constitutional interpretation based on eighteenth-century political theory. First, Enlightenment thinkers developed distinct and incompatible theories about how to structure a republican form of government. That makes it difficult to decide which among the conflicting theories should possess constitutional significance. Second, the Framers did not write …

Severability First Principles, William Baude

Articles

The United States Supreme Court has decided a number of cases involving severability in the last decade, from NFIB v. Sebelius and Murphy v. NCAA to Seila Law v. CFPB, Barr v. AAPC, United States v. Arthrex, California v. Texas, and Collins v. Yellen. The analysis has not been consistent, the Justices have not been able to agree, and the results have not been intuitive. Some of the Justices have proposed a revisionist approach, but they too have been unable to agree on what it requires.

This Article proposes a return to first principles. Severability is a question of what …

The Promise & Perils Of Open Finance, Dan Awrey, Joshua Macey

Articles

We are at the dawn of a new age of Open Finance. Open Finance seeks to harness the potential of new platform technology to enhance customer data access, sharing, portability, and interoperability—thereby leveling the informational playing field and fostering greater competition between incumbent financial institutions and a new breed of financial technology (fintech) disruptors. According to its proponents, this competition will yield a radical restructuring of the financial services industry, offering more and better choices for consumers looking to make fast payments, borrow money, invest their savings, manage household budgets, and compare financial products and services. The promise of Open …

Strategic Subdelegation, Brian D. Feinstein, Jennifer Nou

Articles

Appointed leaders of administrative agencies routinely record subdelegations of governmental authority to civil servants. That appointees willingly cede authority in this way presents a puzzle, at least at first glance: Why do these appointees assign their power to civil servants insulated by merit protection laws, that is, to employees over whom they have limited control? This article develops and tests a theory to explain this behavior. Using original data on appointee-to-civil servant delegations and a measure of the ideological distance between these two groups of actors, we show that appointees are more willing to vest power in civil servants when …

Democracy's Other Boundary Problem: The Law Of Democratic Disqualification, Tom Ginsburg, Aziz Huq, David Landau

Articles

Almost all national constitutions contain one or more ways to disqualify specific individuals from political office. Indeed, the U.S. Constitution incorporates at least four overlapping pathways toward disqualification. This power of disqualifying specific individuals or groups stands at the heart of the complex project of maintaining democratic rule. In practice, disqualification can work both as an instrument for preserving democratic rule and also as a knife against it. This Article is the first to systematically analyze the complex positive and normative questions raised by disqualification. We offer both a positive account of the function that disqualification plays in constitutional ordering …

Personal Jurisdiction’S Moment Of Opportunity: A Reform Blueprint For Originalists And Nonoriginalists, Allan Erbsen

Articles

Personal jurisdiction doctrine is broken, but there is a moment of opportunity to repair it. The Supreme Court has struggled for decades to explain why constitutional law sometimes prevents states from providing local remedies for local injuries. Basic questions lack satisfying answers. Should doctrine emphasize liberty or federalism? Is the Due Process Clause the proper foundation for limits on state power or are other clauses more relevant? What harms should limits on state power prevent and what harms should limits avoid creating? Decisions addressing these questions rely on jargon rather than a coherent account of how to allocate jurisdictional power …

Standing, Nominal Damages, And Nominal Damages "Workarounds" In Intellectual Property Law After Transunion, Thomas F. Cotter

Articles

In June 2021, the United States Supreme Court held, in TransUnion LLC v. Ramirez, that plaintiffs lack standing to assert claims for statutory damages under the Fair Credit Reporting Act unless they can demonstrate “concrete harm” arising from those violations. Although TransUnion was not a case involving intellectual property (“IP”) rights, if the rationale of the decision is that Congress cannot authorize federal courts to entertain claims for statutory damages unless the plaintiff shows that it has suffered actual harm, some common monetary awards for the infringement of IP rights — specifically, statutory damages, reasonable royalties, and (in design patent …

Supporting Families In A Post-Dobbs World: Politics And The Winner-Take-All Economy, June Carbone

Articles

The pathway to stable and secure middle-class status involves two elements: the ability to postpone family formation to facilitate human capital investment and the ability to marshal the emotional and material resources needed to address children needs. Yet, the ability to meet the middle-class threshold for family investment is under assault as the class-based COVID-19 pandemic vulnerabilities and the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization illustrate. While the American Rescue Plan demonstrates the federal government's considerable ability to address children's needs, Dobbs represents the judicial assault on federal power and the ongoing devolution in responsibility for …

The Blue Family Constitution, June Carbone

Articles

No abstract provided.

The Partial Success Of Judge Frankel’S Sentencing Commission, Fifty Years On, Richard Frase

Articles

Judge Marvin Frankel’s writings in the early 1970s inspired the creation of sentencing guidelines commissions and guidelines rules in twenty-two state and federal jurisdictions. By the late 1970s Frankel’s tentative proposals had been substantially filled out by other writers and reformers; the two most common guidelines models were adopted by Minnesota (1980) and Pennsylvania (1982). The federal guidelines (1987) have been justly criticized, but most state guidelines have been accepted by judges and other practitioners and observers. This sentencing reform model has also been endorsed by the American Bar Association and the American Law Institute. This essay tells the story …