Digital Commons Network^™

The Return Of The King: The Unsavory Origins Of Administrative Law, Gary S. Lawson

Faculty Scholarship

Philip Hamburger’s Is Administrative Law Unlawful? is a truly brilliant and important book. In a prodigious feat of scholarship, Professor Hamburger uncovers the British and civil law antecedents of modern American administrative law, showing that contemporary administrative law “is really just the most recent manifestation of a recurring problem.” That problem is the problem of power: its temptations, its dangers, and its tendency to corrupt. Administrative law, far from being a distinctive product of modernity, is thus the “contemporary expression of the old tendency toward absolute power – toward consolidated power outside and above the law.” It represents precisely the …

Expanding The Array Of Accountable Actors: Human Rights And Corporate Social Responsibility, Erika George

Faculty Scholarship

Additional actors are being asked to assume responsibility for protecting human rights and preventing violations. I argue that it is appropriate and important to expand the human rights paradigm into other arenas, including corporate social responsibility. Expanding the array of actors understood to have a responsibility to respect human rights could serve to aid an under-resourced and overburdened human rights system to advance the rights protections that it was created to promote. While human rights activists have traditionally turned to intergovernmental institutions and state governments to protect rights and to remedy violations, the recent trend is to expand our understanding …

Comments On The Oecd's "Due Diligence Guidance For Meaningful Stakeholder Engagement In The Extractives Sector", Lisa J. Laplante, Erika George

Faculty Scholarship

Professor Lisa Laplante of New England Law | Boston’s Center for International Law and Policy (CILP) and Professor Erika George of the University of Utah S.J. Quinney College of Law’s Center for Global Justice respectfully submitted this collaborative commentary in response to the OECD’s Draft Due Diligence Guidance for Meaningful Stakeholder Engagement in the Extractives Sector which build off of the OECD Guidelines for Multinational Enterprises which offer comprehensive recommendations to promote responsible business conduct. The 2011 revisions to the OECD MNE Guidelines introduced an important new provision on stakeholder engagement. Pursuant to the provision, multinational enterprises should: “engage with …

Understanding State Constitutions: Locke And Key, Gary S. Lawson

Faculty Scholarship

Steve Calabresi and Sofia Vickery have done a great service by uncovering the pre-Fourteenth Amendment case law in state courts interpreting and applying state constitutional provisions which contain "Lockean" language guaranteeing rights to life, liberty, property, safety, happiness, or some combination of those rights.' These cases are manifestly one of the keys to understanding the legal world in which the Fourteenth Amendment was crafted and ratified. It is instructive and fascinating to see the development and application of these Lockean provisions, whose influence 2 seems to have spread beyond this country. It is a pleasure and honor to be asked …

Unfair And Deceptive Robots, Woodrow Hartzog

Faculty Scholarship

Robots, like household helpers, personal digital assistants, automated cars, and personal drones are or will soon be available to consumers. These robots raise common consumer protection issues, such as fraud, privacy, data security, and risks to health, physical safety and finances. Robots also raise new consumer protection issues, or at least call into question how existing consumer protection regimes might be applied to such emerging technologies. Yet it is unclear which legal regimes should govern these robots and what consumer protection rules for robots should look like.

The thesis of the Article is that the FTC’s grant of authority and …

Surveillance As Loss Of Obscurity, Woodrow Hartzog, Evan Selinger

Faculty Scholarship

Everyone seems concerned about government surveillance, yet we have a hard time agreeing when and why it is a problem and what we should do about it. When is surveillance in public unjustified? Does metadata raise privacy concerns? Should encrypted devices have a backdoor for law enforcement officials? Despite increased attention, surveillance jurisprudence and theory still struggle for coherence. A common thread for modern surveillance problems has been difficult to find.

In this article we argue that the concept of ‘obscurity,’ which deals with the transaction costs involved in finding or understanding information, is the key to understanding and uniting …

Medical Evidence And Expertise In Abortion Jurisprudence, Aziza Ahmed

Faculty Scholarship

Medical literature on abortion largely supports pro-choice legal claims. In turn, progressive lawyers often call for “evidence-based approaches” to lawmaking on the assumption that it will produce pro-choice legal and regulatory outcomes. This article argues that the evidence-based approach is no longer a reliable or stable strategy for pro-choice lawyering given transformations in judicial treatment of medical knowledge and a shifting evidentiary base.

Drawing on landmark cases from 1973 to 2012, this article demonstrates how the Supreme Court and lower courts selectively utilize medical expertise and evidence to liberalize or constrain abortion access. With Roe v. Wade, 4 the Supreme …

Crash Risk Associated With Cellular Phone Use While Driving, Tiffani Ann Fordyce

Walden Dissertations and Doctoral Studies

There are inconsistencies in the published literature on the effect of cellular phone use while driving. The objective of this study was to estimate an adjusted nationwide crash rate associated with cell phone use while driving and to compare statewide crash rates prior to and following the implementation of legislation banning cell phone use while driving. Crash rates in nationally representative databases were calculated based on imputed values for cell phone use using the propensity score method. The imputed nationwide crash rate for fatal crashes (1.61 per 100 fatal crashes) and all crashes (1.409 per 100 crashes) represented a 2 …

Alice Corp. V. Cls Bank Int'l, Jordana Goodman

Faculty Scholarship

Congress has the power "to promote the Progress of Science and useful Arts."' Patent law subject matter eligibility under 35 U.S.C. section 101 creates a balance between incentivizing inventors to publicly disclose their knowledge and protecting the public from monopolies on ideas. Allowing inventors to monopolize the basic tools of scientific and technological work might "tend to impede innovation more than it would tend to promote it."² "Laws of nature, natural phenomena, and abstract ideas" constitute unpatentable subject matter under section 101.³ The section 101 inquiry serves as a threshold test to determine if the subject matter of …

Increasing The Transaction Costs Of Harassment, Woodrow Hartzog, Evan Selinger

Faculty Scholarship

Wouldn’t it be nice if the rules, agreements, and guidelines designed to prevent online harassment were sufficient to curb improper behavior? As if. Wrongdoers are not always so easily deterred. Sometimes these approaches are about as effective as attacking tanks with toothpicks.

As Danielle Citron contends in her critically important work, Hate Crimes in Cyberspace, the design of the Internet facilitates vitriol and abuse, even when it is legally, contractually, and normatively prohibited. Communicating almost effortlessly at distance—sometimes anonymously and typically with minimized body language—can heighten emotional detachment and blunt moral sensitivity. Tragically, when a mediated environment makes it …

The Legitimacy Of Administrative Law, Jed Handelsman Shugerman

Faculty Scholarship

"How does an alien imposition attain legitimacy?" asks Nicholas Parrillo in Against the Profit Motive: The Salary Revolution in American Government, 1780-1940.' Parrillo and three other historians address this question in a group of outstanding new books on the rise of American administrative law. Each book reflects the various ways in which American administrative law has been an alien imposition: filling a "hole" in the text of the Constitution that did not address administrative powers;2 changing the traditional separation of powers of legislative rule-making and judicial adjudication with individualized due process; imposing centralized bureaucracy over local self-rule; imposing the …

Caperton's Next Generation: Beyond The Bank, Jed Handelsman Shugerman, Debra Lyn Bassett, Gregory S. Parks, Dmitry Bam, Rex R. Perschbacher

Faculty Scholarship

Part of NYU Journal of Legislation & Public Policy Fall 2014 symposium: "Courts, Campaigns, and Corruption: Judicial Recusal Five Years after Caperton". The panels can be watched here.

Dreptul Arbitral, Explicat, William W. Park

Faculty Scholarship

No abstract provided.

The Risk Of Losing National Identity In The Twenty-First Century Romania, Or National Identity From Adaptation To Self-Censorship, Andreia-Irina Suciu, Mihaela Culea

Khazar Journal of Humanities and Social Sciences

In the contemporary world of extremely dynamic movements in the fields of territorial state reconfiguration, economic “colonization”, globalization, Europeanization, migration of population, borrowing of cultural values and intensified cultural exchange or transfer, defining national identity has become a process which registers numerous changes and encounters various challenges. The classical features that assisted this process of defining national identity in the past – a historic territory, common myths, historical memories and values, a common public culture, common legal rights and duties, a common economy with territorial mobility (A. D. Smith 1991: 14) – undergo significant transformations each decade and the definition …

Luxury Consumption: Literature Review, Hümeyra Aslım Bilge

Khazar Journal of Humanities and Social Sciences

As the demand for luxury increases and luxury goods become more available, the concept of luxury has become an important research area for academic and business communities. The perceptions of people towards luxury and their expectations from the luxury goods/services might vary greatly. The features like brand image, reliability and quality constitute the positive perceptions regarding luxury. On the other hand, there are also certain features like excessive price and extremeness that can be associated with negative perceptions. The features of luxury can also be used to differentiate luxury goods from non- luxury ones. The perceptions of people towards luxury …

Examination Of Corporal Punishment From Three Perspectives: A Recommended Corporal Punishment Counseling Model And Its Application, Ayla Akbash

Khazar Journal of Humanities and Social Sciences

The corporal punishment has been examined through three different of perspectives, and a new psychological counseling model has been suggested for corporal punishment. The suggested model (CPC) has been applied in a psychological counseling group therapy. Consequently, new psycho-social developments such as behaviors, attitudes, emotions, opinions and experiences thoughts related to corporal punishment have been observed. Counseling sessions and evaluations have been presented in the study as well.

First Generation Azerbaijani Immigrants In The United States: Socio-Cultural Characteristics And Identity Issues., Ahmad Guliyev

Khazar Journal of Humanities and Social Sciences

The community of Azerbaijani immigrants in the United States, which is the subject of our proposed study, is a pretty recent phenomenon. Most Azerbaijani-Americans have immigrated to the United States mainly from Iran, Azerbaijan, Russia or Turkey. Azerbaijani immigration and integration in the United States have not been documented and studied thoroughly. There is no population survey that provides information of any kind on the attitudes and opinions of Azerbaijani Americans. Based on the survey conducted among sample of 103 Azerbaijani immigrants, this paper aims to provide the profile of the Azerbaijani community, socio-cultural characteristics, assess the immigrant’s identification with …

Impact Of Citizens’ Economic Status On Policy Formulation And Implementation, Joash Ntenga Moitui

Khazar Journal of Humanities and Social Sciences

There are many factors that are considered in public policy implementation. This paper seeks to explore the economic abilities of citizens influence on the formulation and implementation of public policy. Behavioural economics has been used to explore individuals behavioural antecedents especially in decision making. The paper explores this concept coupled with how economic ability and behavior of citizens, particularly the middle class can play in enlightening policymakers. The general purpose of the paper will be to find out how these factors influence the making and execution of policy. It uses Thomas Humphrey Marshall social concept to argument, critique and analyze …

Iranian Efl Teachers’ Challenges With The New Elt Program After The Reform: From Dream To Reality, Parvin Safari, Rahman Sahragard

Khazar Journal of Humanities and Social Sciences

There is no doubt concerning the interdependence of educational progress with human development, socio-economic growth, greater opportunities, welfare, and political stability. Hence,for further development and growth of education,transformations and refor ms in curriculum are required to reflect the latest changes in theories and praxis of the modern world (Fterniati, 2006). In Iran, due to the inadequacy of the preceding ELT education policies in developing students’ communicative skills and capabilities, a reform occurred in the ELT program as new communicative based textbooks entitled as “English for School Series” and CLT pedagogywere introduced into the context of public schools. However, implementation of …

Conceptual Model For Successful Implementation Of Big Data In Organizations, Mohanad Halaweh, Ahmed E. Massry

Journal of International Technology and Information Management

The term ‘big data’ has gained huge popularity in recent years among IT professionals and academicians. Big data describes the massive amount of data that can be processed and analyzed using technology to gain business values that will help organizations to achieve competitive advantages. The current paper aims to develop a holistic model that includes the factors that would affect the success or failure of the implementation of big data in organizations. Furthermore, this research examines the opportunities that organizations would attain from implementing big data, as well as the challenges that could hinder this implementation. The proposed model provides …

An Adaptive Neuro-Fuzzy System With Semi-Supervised Learning As An Approach To Improving Data Classification: An Illustration Of Bad Debt Recovery In Healthcare, Donghui Shi, Jozef Zurada, Jian Guan, Sandeep Goyal

Journal of International Technology and Information Management

Business analytics has become an increasingly important priority for organizations today as they strive to achieve greater competitiveness. As organizations adopt business practices that rely on complex, large-scale data, new challenges also emerge. A common situation in business analytics is concerned with appropriate and adequate methods for dealing with unlabeled data in classification. This study examines the effectiveness of a semi-supervised learning approach to classify unlabeled data to improve classification accuracy rates. The context for our study is healthcare. The healthcare costs in the U.S. have risen at an alarming rate over the last two decades. One of the causes …