Digital Commons Network^™

The Dark Side Of Commodification Critiques: Politics And Elitism In Standardized Testing, Kimberly D. Krawiec

Faculty Scholarship

In Testing as Commodification, Katharine Silbaugh argues that debates within the standardized testing literature represent a split similar to the one witnessed in traditional debates on the commodifying effects of market exchange: those who extol the virtues of a common metric by which to make comparisons and evaluations, on the one hand, versus those who argue that test scores have swallowed other notions of the public good in education, on the other. Though the analogy is imperfect, as Silbaugh acknowledges, I agree that the objections to markets and to standardized testing are sufficiently similar to render the comparison fruitful. …

Adaptive Regulation In The Amoral Bazaar, Lawrence G. Baxter

Faculty Scholarship

Twelfth Oliver Schreiner Memorial Lecture,delivered on 20 October 2010 at the School of Law, University of the Witwatersrand, Johannesburg, South Africa. Many gradual changes in science, law and society are crystallizing to shape a significant transformation in administrative law. The doctrinal framework within which Justice Schreiner himself attempted to modernize how law should regulate government and private economic activity seems from our vantage point to be quite antiquated. In explaining why, my examples will come from the world of financial services, but they could easily be found anywhere in the area of law and regulation. First I will outline the …

Exploring The Wfo Option For Global Banking Regulation, Lawrence G. Baxter

Faculty Scholarship

The Global Financial Crisis and the global operations by participants in the financial services industry has led observers and even senior public representatives to call for global regulatory solutions that go beyond the current, transnational regulatory network (TRN) framework provided by the G20, the Financial Stability Board and the Basel Committee on Banking Supervision. The concept of a global banking regulator has often been advocated, but this is not remotely politically viable. Recently the imaginative concept of a World Financial Organization (WFO), that would follow the model of the World Trade Organization (WTO), has been proposed. Although attractive in that …

Who Pays? Who Benefits? Unfairness In American Health Care, Clark C. Havighurst, Barak D. Richman

Faculty Scholarship

American-style health insurance greatly amplifies price-gouging opportunities for health care providers, who inflate prices both to enrich themselves and to subsidize and expand the nation’s health care enterprise. To the extent that lower- and middle-income Americans with private health coverage pay premiums that go to support and expand the system, they are subject to an unfair (regressive) “head tax” levied by unaccountable entities for ostensibly public but also private purposes. Lower-income premium payers also often pay for costly health coverage designed to suit the economic interests and values of professional and other elites rather than their own. They also appear …

Perspectives For Cyber Strategists On Law For Cyberwar, Charles J. Dunlap Jr.

Faculty Scholarship

The proliferation of martial rhetoric in connection with the release of thousands of pages of sensitive government documents by the WikiLeaks organization underlines how easily words that have legal meanings can be indiscriminately applied to cyber events in ways that can confuse decision makers and strategists alike. The WikiLeaks phenomenon is but the latest in a series of recent cyber-related incidents––ranging from cyber crises in Estonia and Georgia to reports of the Stuxnet cyberworm allegedly infecting Iranian computers––that have contributed to a growing perception that “cyberwar” is inevitable, if not already underway. All of this generates a range of legal …

Keynote Address: Identifying And Managing Systemic Risk: An Assessment Of Our Progress, Steven L. Schwarcz

Faculty Scholarship

This short address attempts to provide a succinct overview, critiquing how well the Dodd-Frank Act identifies and manages systemic risk.

Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, Christopher L. Griffin Jr., John J. Donohue Iii, Michael Ashley Stein, Sascha Becker

Faculty Scholarship

This article explores the relationship between the Americans with Disabilities Act (“ADA”) and the relative labor market outcomes for people with disabilities. Using individual-level longitudinal data from 1981 to 1996 derived from the previously unexploited Panel Study of Income Dynamics (“PSID”), we examine the possible effect of the ADA on (1) annual weeks worked; (2) annual earnings; and (3) hourly wages for a sample of 7120 unique male household heads between the ages of 21 and 65 as well as a subset of 1437 individuals appearing every year from 1981 to 1996. Our analysis of the larger sample suggests the …

Drafting A Model Collective Action Clause For Eurozone Sovereign Bonds, Mitu Gulati, Lee C. Buchheit

Faculty Scholarship

In the wake of the Eurozone sovereign debt crisis, the European financial authorities announced last November that all Eurozone sovereign bonds issued after mid-2013 must contain an identical collective action clause (CAC) in order, if necessary, to facilitate a restructuring of those
instruments.

CACs in sovereign bonds have been the subject of considerable attention over the last ten years. They were introduced into sovereign bonds governed by U.S. law only in early 2003. Yet a surprising number of versions of the clause can be found in modern sovereign bonds.

The history of the research and development of this contractual provision …

Comparative Law, Ralf Michaels

Faculty Scholarship

Written for an encyclopedia on European private law, this brief
article addresses term, purposes, methods and development of
comparative law. Special attention is given to the role of comparative
law in European private law studies, European law-making and European
adjudication.

The Loophole That Would Not Die: A Case Study In The Difficulty Of Greening The Internal Revenue Code, Lawrence A. Zelenak

Faculty Scholarship

Congress and the Treasury have commissioned the National Academy of Sciences (NAS) “to undertake a comprehensive review of the Internal Revenue Code of 1986 to identify the types of and specific tax provisions that have the largest effects on carbon and other greenhouse gas emissions and to estimate the magnitude of those effects.” The hope of the proponents of the NAS carbon audit is that Congress, once informed of the results of the audit, will respond by “greening” the Internal Revenue Code. This Essay cautions that a more environmentally friendly Code will not necessarily follow from the legislative consciousness-raising of …

Four Constitutional Limits That The Minimum Coverage Provision Respects, Neil S. Siegel

Faculty Scholarship

Opponents of the minimum coverage provision in the Affordable Care Act charge that if Congress can require most people to obtain health insurance or pay a certain amount of money, then Congress can impose whatever mandates it wishes—or, at least, whatever purchase mandates it wishes. This Essay refutes that claim by identifying four limits on the Commerce Clause that the minimum coverage provision honors. Congress may not use its commerce power: (1) to regulate noneconomic subject matter; (2) to impose a regulation that violates constitutional rights, including the right to bodily integrity; (3) to regulate at all, including by imposing …

Defining International Law Librarianship In An Age Of Multiplicity, Knowledge, And Open Access To Law, Richard A. Danner

Faculty Scholarship

Many law librarians are experts in international law and legal research. The concept of ‘international law librarianship’, however, encompasses something more than a field of study in which a group of experts practise their profession. In the broader sense, the idea suggests a common calling, similar interests, and goals shared by librarians with a range of specialties beyond international law, working in all types of law libraries. What commonalities create and sustain the concept of international law librarianship? This paper suggests that they can be found in: law librarians’ common need to respond to the ‘multiplicity’ of information sources facing …

The North Carolina Association Of Women Attorneys: Creating Camaraderie, Nurturing Leaders, And Protecting The Rights Of Women, Carolyn Mcallaster, Jennifer Brobst

Faculty Scholarship

No abstract provided.

Keynote Address: A Regulatory Framework For Managing Systemic Risk, Steven L. Schwarcz

Faculty Scholarship

This accessible analysis of systemic risk regulation was delivered as the keynote speech at an October 20, 2011 European Central Bank conference on regulation of financial services. Many regulatory responses, like the Dodd-Frank Act in the United States, consist largely of politically motivated reactions to the financial crisis, looking for villains (whether or not they exist). To be most effective, however, the regulation must be situated within a more analytical framework. In this speech, I attempt to build that framework, showing that preventive regulation is insufficient and that regulation also must be designed to limit the transmission of systemic risk …

Golan V. Holder: Copyright In The Image Of The First Amendment, David L. Lange, Risa J. Weaver, Shiveh Roxana Reed

Faculty Scholarship

Does copyright violate the First Amendment? Professor Melville Nimmer asked this question forty years ago, and then answered it by concluding that copyright itself is affirmatively speech protective. Despite ample reason to doubt Nimmer’s response, the Supreme Court has avoided an independent, thoughtful, plenary review of the question. Copyright has come to enjoy an all-but-categorical immunity to First Amendment constraints. Now, however, the Court faces a new challenge to its back-of-the-hand treatment of this vital conflict. In Golan v. Holder the Tenth Circuit considered legislation (enacted pursuant to the Berne Convention and TRIPS) “restoring” copyright protection to millions of foreign …

Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida, Neil Vidmar, Mirya Holman, Paul Lee

Faculty Scholarship

No abstract provided.

Public Funding Of Judicial Campaigns: The North Carolina Experience And The Activism Of The Supreme Court, Paul D. Carrington

Faculty Scholarship

In recent years, the problem of selecting judges to sit on the highest state courts has become a national crisis. North Carolina remains among the states whose constitutions require competitive elections of all its judges. Presently, all candidates for its judicial offices must first compete for election in a non-partisan primary, a system motivated by the desire to maximize the power of the state’s citizen-voters to choose their judges and hold them accountable for their fidelity to the law. Some observers have continued to celebrate such judicial elections as an honorable democratic empowerment, while others have not. The disagreement has …

A Foxy Hedgehog: The Consistent Perceptions Of Carol Rose, Jedediah Purdy

Faculty Scholarship

No abstract provided.

Who’S Afraid Of The Federal Circuit?, Arti K. Rai

Faculty Scholarship

In this brief Essay, Professor Rai responds to Professor Jonathan Masur's Yale Law Journal article "Patent Inflation." Professor Masur's argument rests on the assumption that U.S. Patent and Trademark Office ("PTO") behavior is determined almost entirely by a desire to avoid reversal by the Federal Circuit. Although the PTO is certainly a weak agency over which the Federal Circuit has considerable power, Masur overestimates the extent to which high-level PTO administrators are concerned about Federal Circuit reversals and underestimates institutional influences that are likely to operate in a deflationary direction. The PTO is influenced not only by the Federal Circuit …

The Paradoxes Of Dodd-Frank, James D. Cox

Faculty Scholarship

No abstract provided.

The Surprising Benefits To Developing Countries Of Linking International Trade And Intellectual Property, Rachel Brewster

Faculty Scholarship

The World Trade Organization's Trade Related Intellectual Property (TRIPS) Agreement is controversial, requiring WTO members to establish a host of domestic institutions to support intellectual property rights, including substantive laws creating rights and a host of enforcement procedures. Trade scholars and development advocates frequently criticize the agreement as economically harmful to developing countries. This Article does not argue that the TRIPS Agreement is beneficial for developing states, but highlights how the agreement has produced some surprising benefits over the last decade and a half. First, the TRIPS Agreement's requirement that developing states make the domestic enforcement of intellectual property rules …

A Cautious Path Forward On Accountable Care Organizations, Barak D. Richman, Kevin A. Schulman

Faculty Scholarship

The wave of new Accountable Care Organizations (ACOs), spurred by financial incentives in the Affordable Care Act, could become the latest chapter in the steady accumulation of market power by hospitals, health care systems, and physician groups. The main purpose behind forming many ACOs may not be to achieve cost savings but instead to strengthen negotiating power over purchasers in the private sector. This would be an unfortunate sequel to the waves of mergers in the 1990s when health care entities sought to counter market pressure from managed care organizations. The possibility that ACOs might further concentrate health care markets …

Mental Health Services And Alternative Schools, Chasity D. Johnson

Theses, Dissertations and Capstones

With the number of children being placed into alternative school settings growing, it is of interest to know if mental health services are a beneficial addition to the traditional alternative programs. To research this issue, case studies of 48 children who had attended an alternative school were assessed. Participants included 48 students, half of whom had received only alternative school services while the other half had received alternative school services in addition to mental health services during their alternative school placement. Findings show no significant correlation between the hours of mental health services received and any of the following variables: …

Girls' Secondary Education In Uganda: Assessing Policy Within The Women's Empowerment Framework, Shelley Jones

Institute for Educational Development, East Africa

This paper makes the case that policies, such as the National Strategy for Girls' Education in Uganda (NSGE), intended to achieve gender equity in education for girls in developing countries, have limited relevance to, and impact on girls' actual educational experiences. Recent considerations of girls' education acknowledge that gender equity within education is more than access to schooling; it entails the cultivation of capabilities necessary for girls to participate fully, actively and equally in all aspects of their societies. Drawing on a longitudinal, ethnographic policy research case study with 15 Ugandan schoolgirls in rural Masaka District, Uganda, from August 2004 …

Experiences And Perceptions Of Pregnant Unmarried Adolescent Girls In Nigeria, Priscilla N. Asonye

Walden Dissertations and Doctoral Studies

Sexual activity among unmarried adolescents is a major public health problem in Nigeria, because unmarried pregnant girls are more likely to have multiple sex partners and are less likely to use contraceptives, putting them at greater risk for sexually transmitted diseases (STD), unplanned pregnancy, abortion, social isolation, and poverty. Teen pregnancy and STD rates are on the rise in Nigeria, yet few data exist on the experience of the adolescents themselves. This phenomenological study was designed to explore the in-depth experiences of 10 pregnant, unmarried adolescent girls aged 16-19, including the factors contributing to their sexual activity. An ecological model …

The Effectiveness Of Response To Intervention To Improve High School Students' Reading Skills, Ann-Marie Popwell

Walden Dissertations and Doctoral Studies

High School students in a local school district were having reading-related difficulties in certain subject areas and were at risk of failing high school courses. Success in reading is important because students must read the content within the End of Course Test in core content subjects, and their success on this test determines their eligibility for high school graduation. The purpose of the study was to examine the effectiveness of a Response to Intervention (RTI) reading class designed to improve reading skills for at-risk high school students. The constructivist learning theory was the theoretical framework for this study. The research …

Impact Of The Study Island Program On Students' Reading Comprehension, Rodney L. Gernert

Walden Dissertations and Doctoral Studies

School administrators at the research site, which is a public school district, had been under pressure to improve low reading state scores of Grade 11 students as measured by Pennsylvania System of School Assessment (PSSA) tests. A web-based reading software called Study Island was integrated into the literacy curriculum for students to increase their reading proficiency and pass PSSA state tests. The research problem was that the integration of Study Island had not been evaluated and students were not meeting adequate yearly progress (AYP). The purpose of this study was to provide research-based evidence on whether Study Island helped students …

Effect Of Political Skill On Perception Of Organizational Politics And Work Withdrawal Among Community College Employees, David John Ross

Walden Dissertations and Doctoral Studies

Community college student support services are an important aspect of success among community college students. Theoretical and empirical models of organizational politics and withdrawal guided the expectation that community college employees who perceive their organizations as political may withdrawal from their organization, diminishing the services delivered to students at the institution. A multisite cross-sectional survey design was utilized to gather quantitative data via Survey Monkey from national professional organizations. Two-hundred seventeen usable surveys from community college administrators (executive, mid-level managers, and administrators) were gathered. Data were analyzed via correlation and regression models to examine if political skill reduced or moderated …

The Impact Of Industrial Technician Skill Losses At A West Tennessee Manufacturer, Kenneth W. Moten

Walden Dissertations and Doctoral Studies

Business survival requires that decision makers understand the critical knowledge resources that support the business' core competencies, while also facing the challenges of current labor trends. The purpose of this study was to explore the lived experiences of the management staff at a west Tennessee manufacturing facility about industrial technician skill losses. This phenomenological design included semistructured interviews of 20 managers, supervisors, and engineers and was an exploration of the potential losses from skilled worker attrition. The foundations of labor theory; knowledge management; and accounting measurements of intangible assets in advanced technology, communications, and economic systems provided the key elements …

Generational Cohort Differences In Types Of Organizational Commitment Among Nurses In Alabama, April Lavette Jones

Walden Dissertations and Doctoral Studies

In hospitals in the United States, the ratio of nurses to patients is declining, resulting in an increase in work demands for nurses. Consequently, organizations face challenges with nurses' organizational commitment. Studies have revealed generational differences, as determined by birth year, in employee levels of organizational commitment in a number of organizational settings. However, there is a gap in the literature regarding the impact of generational cohorts on the organizational commitment of nurses. The purpose of this quantitative, nonexperimental, cross-sectional design was to address whether generational cohorts of nurses differed in their levels of organizational commitment, and to investigate whether …