Digital Commons Network^™

Professional Rights Speech, Timothy Zick

Faculty Publications

Some regulations of professional-client communications raise important, but sofar largely overlooked, constitutional concerns. Three recent examples of professional speech regulation-restrictions on physician inquiries regarding firearms, "reparative" therapy bans, and compelled abortion disclosures-highlight an important intersection between professional speech and constitutional rights. In each of the three examples, state regulations implicate a non-expressive constitutional right--the right to bear arms, equality, and abortion. States are actively, sometimes even aggressively, using their licensing authority to limit and structure conversations between professionals and their clients regarding constitutional rights. The author contends that government regulation of "professional rights speech" should be subjected to heightened First …

Stock-Market Law And The Accuracy Of Public Companies’ Stock Prices, Kevin S. Haeberle

Faculty Publications

The social benefits of more accurate stock prices—that is, stock-market prices that more accurately reflect the future cash flows that companies are likely to produce—are well established. But it is also thought that market forces alone will lead to only a sub-optimal level of stock-price accuracy—a level that fails to obtain the maximum net social benefits, or wealth, that would result from a higher level. One of the principal aims of federal securities law has therefore been to increase the extent to which the stock prices of the most important companies in our economy (public companies) contain information about firms’ …

A Qualitative Study Of Stress In Individuals Self-Employed In Solo Businesses, Irvin Sam Schonfeld, Joseph J. Mazzola

Publications and Research

This qualitative study involved 54 individuals who were self-employed in a variety of solo businesses. All participants were administered a semistructured interview that inquired into various aspects of their work experience with the data subject to reliability and validity checks. The study identified stressful incidents, coping strategies, and emotional strains arising from those stressful incidents. Uncertainty about income was a common background stressor. Recent specific stressors included dramatic slowdowns in business, reputational threat, betrayal, unreasonable customers, and medical problems. Commonly occurring strains included apprehension/anxiety, frustration, anger, and sadness/depression. The self-employed used problem-focused coping much more often than emotion-focused coping. We …

Specters Of Kurdish Nationalism: Governmentality And Counterinsurgent Translation In Turkey, Nicholas S. Glastonbury

Publications and Research

This essay examines translations of the Kurdish epic poem Mem û Zîn into Turkish, tracing the logics behind these state-sponsored translations and examining how acts of translation are also efforts to regulate, translate, and erase Kurdish subjectivities. I argue that the state instrumentalizes Mem û Zîn’s potent nationalist currency in order to disarm present and future claims of Kurdish national autonomy. Using translation as a counterinsurgent governmental tool, the state attempts to domesticate Kurdish nationalist discourses even as it reproduces them, thereby transforming Kurdish nationalism into a specter of itself. Attending to this specter, however, allows us to see how …

The New Stock Market: Sense And Nonsense, Merritt B. Fox, Lawrence R. Glosten, Gabriel Rauterberg

Faculty Scholarship

How stocks are traded in the United States has been totally transformed. Gone are the dealers on NASDAQ and the specialists at the NYSE. Instead, a company’s stock can now be traded on up to sixty competing venues where a computer matches incoming orders. High-frequency traders (HFTs) post the majority of quotes and are the preponderant source of liquidity in the new market.

Many practices associated with the new stock market are highly controversial, as illustrated by the public furor following the publication of Michael Lewis’s book Flash Boys. Critics say that HFTs use their speed in discovering changes in …

Framing The Question, "Who Governs The Internet?", Robert J. Domanski

Publications and Research

There remains a widespread perception among both the public and elements of academia that the Internet is “ungovernable”. However, this idea, as well as the notion that the Internet has become some type of cyber-libertarian utopia, is wholly inaccurate. Governments may certainly encounter tremendous difficulty in attempting to regulate the Internet, but numerous types of authority have nevertheless become pervasive. So who, then, governs the Internet? This book will contend that the Internet is, in fact, being governed, that it is being governed by specific and identifiable networks of policy actors, and that an argument can be made as to …