Digital Commons Network^™

Money Norms, Julia Y. Lee

Faculty Scholarship

Money norms present a fundamental contradiction. Norms embody the social sphere, a system of internalized values, unwritten rules, and shared expectations that informally govern human behavior. Money, on the other hand, evokes the economic sphere of markets, prices, and incentives. Existing legal scholarship keeps the two spheres distinct. Money is assumed to operate as a medium of exchange or as a tool for altering the payoffs of different actions. When used to make good behavior less costly and undesirable behavior more costly, money functions to incentivize, sanction, and deter. Although a rich literature on the expressive function of law exists, …

Evaluating Stock-Trading Practices And Their Regulation, Merritt B. Fox, Kevin S. Haeberle

Faculty Scholarship

High-frequency trading, dark pools, and the practices associated with them have come under tremendous scrutiny lately, giving rise to much hot rhetoric. Missing from the discussion, however, is a principled, comprehensive standard for evaluating such practices and the law that governs them. This Article fills that gap by providing a general framework for making serious normative judgments about stock-trading behavior and its regulation. In particular, we argue that such practices and laws should be evaluated with an eye to the secondary trading market’s impact on four main aspects of our economy: the use of existing productive capacity, the allocation of …

Constraining Monitors, Veronica Root

Faculty Scholarship

Monitors oversee remediation efforts at dozens, if not hundreds, of institutions that are guilty of misconduct. The remediation efforts that the monitors of today engage in are, in many instances, quite similar to activities that were once subject to formal court oversight. But as the importance and power of monitors has increased, the court’s oversight of monitors and the agreements that most often result in monitorships has, at best, been severely diminished and, at worst, vanished altogether. Additionally, statutory efforts to provide formal guidance and restrictions on monitorships have stalled and published bar guidance has taken a nonbinding advisory form. …

The Limits Of “Limitations And Exceptions” In Copyright Law, Jerome H. Reichman

Faculty Scholarship

The “designated exceptions” approach in the European Union and elsewhere becomes obsolete when faced with the needs of digital science to scrutinize and analyze all relevant research results pertinent to any scientific inquiry. Even the fair use exception rooted in U.S. law, while more agile on a case by case approach, is challenged by the scientific communities’ need to reproduce and analyze all available material relevant to any given research project and by the ability of automated knowledge discovery tools to do just that. A more promising model for reform is the “some rights reserved” concept of private ordering that …

Different Departments, Same Goals: Improving User Experience Through Collaboration, Janelle Zetty

Faculty Scholarship

The staff of Reference and Research Services at Edith Garland Dupré Library, University of Louisiana at Lafayette, determined that instructors and students of the School of Music & Performing Arts had difficulty locating scores for particular pieces of music due to no contents note in the catalog records. Reference brought this to Cataloging’s attention and suggested editing the MARC record contents note in SirsiDynix Workflows themselves.   Cataloging considered the feasibility of this course of action as well as other alternatives, such as purchasing enhanced records from a vendor. Ultimately, Cataloging discovered a workflow using MarcEdit and OCLC Connexion …

Would You Kindly?: Considering Video Game Collections In Academic Libraries, Janelle Zetty

Faculty Scholarship

No abstract provided.

Explaining The Modernized Leasing And Right-Of-Way Regulations For Indian Lands, Kevin Washburn, Jody Cummings

Faculty Scholarship

The Obama Administration enacted significant reforms to the regulatory rules governing federal leasing and right of way approvals across tribal lands in Parts 162 and 169 of the Indian title of the federal regulations. These reforms had many aims. They sought to improve the environment for economic development on Indian reservations by speeding regulatory approvals, increasing predictability (by, in part, narrowing agency discretion), and increasing deference to tribal governmental decisions. The reforms sought to help tribal governments capture economic value that had previously been denied them, for example, by preventing so called "piggybacking" on pre-existing rights of way and clarifying …

The Prisonization Of America's Public Schools, Maryam Ahranjani

Faculty Scholarship

Over the past generation, episodes of mass school violence in American public schools have led to the “prisonization” of schools. The problems associated with prisonization practices have been identified and well-documented in the legal literature over the past few years, and they include the school-to-prison pipeline, as well as the over-policing of vulnerable populations like students with disabilities and African-American and Latino children. This piece seeks to contribute to existing literature in two ways. While national attention has turned to the lack of rigorous research on the effectiveness of prisonization practices, and studies are underway to identify whether prisonization practices …

The President's Private Dictionary: How Secret Definitions Undermine Domestic And Transnational Efforts At Executive Branch Accountability, Sudha Setty

Faculty Scholarship

The 2016 EU-U.S. Privacy Shield is an agreement allowing companies to move customer data between the European Union and the United States without running afoul of heightened privacy protections in the European Union. It was developed in response to EU concerns that the privacy rights of its citizens have been systematically abrogated by the U.S. government in the name of national security, and contains a variety of assurances that the United States will respect and protect the privacy rights of EU citizens.

How trustworthy are the U.S. assurances under the Privacy Shield? Both the Bush and Obama administrations secretly interpreted …

Cdc’S New Rule To Track And Quarantine Travellers, Dorit Rubinstein Reiss, Y. Tony Yang

Faculty Scholarship

No abstract provided.

Decoupling Vaccine Laws, Dorit Rubinstein Reiss

Faculty Scholarship

No abstract provided.

Resolving Disputes And Improving Security In Post-Conflict Settings: An Example From Liberia, Jessica Vapnek, Alfred Fofie, Peter Boaz

Faculty Scholarship

Countries emerging from civil conflict in the developing world face numerous challenges that hinder reconstruction and peace building. These hurdles, many of which existed before the war and may have contributed to the civil strife, include poverty, unequal distribution of political and economic power, land disputes and exploitation or exclusion of groups on social, cultural, tribal or religious bases. Liberia emerged from 14 years of conflict in 2003 urgently needing to address many of these concerns, in particular the burgeoning number of land disputes and the looming threat they posed to peace, security and national reconstruction. A joint effort by …

Seeking A Rational Approach To A Regional Refugee Crisis: Lessons From The Summer 2014 ‘Surge’ Of Central American Women And Children At The Us-Mexico Border, Karen Musalo, Eunice Lee

Faculty Scholarship

No abstract provided.

The Importance Of Institutional Design For Distributed Local-Level Governance Of Groundwater: The Case Of California’S Sustainable Groundwater Management Act, Dave Owen, Michael Kiparsky, Anita Millman, Andrew T. Fisher

Faculty Scholarship

No abstract provided.

Cdc’S New Rule To Track And Quarantine Travellers, Dorit Rubenstein Reiss, Y. Tony Yang

Faculty Scholarship

No abstract provided.

Predicting Stream Vulnerability To Urbanization Stress With Bayesian Network Mode, Dave Owen, Kristen K. Weil, Christopher S. Cronen, Spencer R. Meyer, Robert J. Lilieholm, Thomas J. Danielson, Leonidas Tsomides

Faculty Scholarship

No abstract provided.

Regulation And The Collapse Of The New Deal Order, Or How I Learned To Stop Worrying And Love The Market, Reuel Schiller

Faculty Scholarship

This chapter will examine the emergence of this new, post-New Deal conception of the role of the administrative state, often called “The New Governance.” I will first describe the policy premises of the New Deal administrative state and contrast them with the underlying assumptions of the New Governance. In doing so, I will explain how the ideas that permeated the New Governance shaped regulatory policy in the 1990s and 2000s. I will then explore the reasons for the rise of this new conception of the administrative state. In particular, I will demonstrate that the New Governance had its origins not …

Don’T Hate The Player; Hate The Game, Jaime S. King, Renee Y. Hsia, Brendan G. Carr

Faculty Scholarship

No abstract provided.

Empirical Evidence Of Drug Pricing Games - A Citizen's Pathway Gone Astray, Robin Feldman, Evan Frondorf, Andrew K. Cordova, Connie Wang

Faculty Scholarship

No abstract provided.

Felon Disenfranchisement, Hadar Aviram, Allyson Bragg, Chelsea Lewis

Faculty Scholarship

No abstract provided.

From Business Tax Theory To Practice, Alina S. Ball, Manoj Viswanathan

Faculty Scholarship

No abstract provided.

Liberty And Community In Marriage: Expanding On Massey's Proposal For A Community Property Option In New Hampshire, Jo Carrillo

Faculty Scholarship

No abstract provided.

The Importance Of Institutional Design For Distributed Local-Level Governance Of Groundwater: The Case Of California’S Sustainable Groundwater Management Act, Dave Owen, Michael Kiparsky, Anita Milman, Andrew T. Fisher

Faculty Scholarship

No abstract provided.

Introduction Of Videotaping Of Interrogations And The Lessons Of The Imaichi Case: A Case Of Conventional Criminal Justice Policy-Making In Japan, Setsuo Miyazawa, Mari Hirayma

Faculty Scholarship

No abstract provided.

Auctions, Taxes, And Air, Dave Owen

Faculty Scholarship

No abstract provided.

Water And Taxes, Dave Owen

Faculty Scholarship

No abstract provided.

Restraining Lawyers: From 'Cases' To 'Tasks', Morris A. Ratner

Faculty Scholarship

No abstract provided.

Samuel Alito: Populist, William Araiza

Faculty Scholarship

No abstract provided.

Nonsense You Say, Nicholas W. Allard

Faculty Scholarship

No abstract provided.

Cutting Through: Thirteen Ways Of Looking At Justice Stevens, Abner S. Greene

Faculty Scholarship

No abstract provided.