Digital Commons Network^™

Talk Isn't Cheap: Protecting Freedom Of Speech In Light Of Georgia's Anti-Boycott Legislation, Maria Kachniarz

Georgia Law Review

Historically,political boycotts have occupied a central
place in American tradition, going as far back as the
Founding. However, the years of 2016 and 2017 have
marked a sudden influx of state anti-boycott legislation.
Georgia was no exception, passing a statute in 2016
prohibiting those who boycott Israel from contracting
with the state. This statue violates the FirstAmendment
guaranteesof freedom of speech. First, boycotts of Israel,
or BDS as they are collectively called, are protected
political speech. The Supreme Court has repeatedly
protected politically motivated boycotts, despite their
detrimental economic effects. Further, Georgia's anti-
boycott legislation impermissibly stifles that protected
speech …

Constitutional Preservation And The Judicial Review Of Partisan Gerrymanders, Edward B. Foley

Georgia Law Review

This Essay makes three contributions to the debate
over whether the Constitution contains a judicially
enforceable constrain on gerrymanders. First,it directly
tackles the Chief Justice'sfear of thejudiciaryappearing
partisan,observing that the same fear would exist if the
Constitution explicitly banned gerrymanders and
explaining why an implicit ban should be no less
judicially enforceable than an explicit ban under
Marbury v. Madison. Second, invoking the idea of
"institutional forbearance" in the important new book
How Democracies Die, the Essay shows how the
Elections Clause can be construed to protect
congressional districting from abuses of legislative
discretion committed by state legislatures. Together,
these …

If Established By Law, Then An Administrative Judge Is An Officer, Jennifer L. Cotton

Georgia Law Review

Administrative Judges (AJs) are a large and often overlooked group of federal agency adjudicators. While courts have examined Article II Appointments Clause challenges to Administrative Law Judges (ALJs), courts have yet to encounter a legal challenge to the constitutionality of AJs’ appointment procedures. The constitutionality of any federal government actor’s appointment is dependent upon whether that actor is an “officer” or an “employee” under the Article II Appointments clause. It is apparent that the current “significant authority” test that the Supreme Court has espoused to distinguish between officers and employees is unworkable. This Note endeavors to set forth a bright-line …

Crowdfunding Signals, Darian M. Ibrahim

Georgia Law Review

Entrepreneurs can now “crowdfund,” or sell securities to unaccredited investors over the Internet, to raise capital. But will these companies be able to attract the follow-on investors (angels and venture capitalists) that are necessary for long-term success? Angels and VCs face extreme levels of information asymmetry when deciding whether to fund a company. Signals can reduce this asymmetry. Early commentary argues a company only crowdfunds as a last resort for fear of sending a negative signal about the company’s quality to follow-on investors. This Article argues the inverse. This Article argues a successful crowdfunding campaign can send a positive signal …

Gvsu Undergraduate And Graduate Catalog, 2018-2019, Grand Valley State University

Course Catalogs, 1963 - Current

Grand Valley State University 2018-2019 undergraduate and/or graduate course catalog published annually to provide students with information and guidance for enrollment.

We Honor Pioneers (The School And Primary Songster, 1889), Evan Stephens , Music, Myrna J. Layton , Lyrics

Faculty Publications

We honor pioneers Following the prophet dear. Young and old pioneers, Loving God and facing fear.

Something Borrowed... Total Annual Circulation Of All Library Materials, Including Renewals, Per Capita, By County, Portland Msa, 2001-2016, Institute Of Portland Metropolitan Studies

Metroscape

This installment of Indicators of the Metroscape examines library usage data in the Portland Metropolitan Area.

Oregon Manufacturing Extension Partnership: Economic Impact Analysis -- January 2018 Update, Emma Willingham

Northwest Economic Research Center Publications and Reports

The Hollings Manufacturing Extension Partnership (MEP), founded in 1988, is a network of non-profit agencies staffed by industry professionals and consultants. Historically, MEP has sought to increase the competitiveness of small to mid-size enterprises (which as a group comprise 99% of all U.S. manufacturing firms) by providing expert guidance and access to resources. In recent years, the severe economic recession sparked increased interest in the strength of the manufacturing sector, due to its longtime status as one of the major drivers of the domestic economy. Oregon Manufacturing Extension Partnership (OMEP), the Oregon branch of MEP, works to provide data-driven analysis …

Oregon Nonprofit Disaster Preparedness: Finding From The 2018 Survey, Grace L. Chikoto-Schultz, Andrew Russo, Paul Manson, Jim White

The Nonprofit Institute Research

This report summarizes results from a survey administered in spring 2018 to 501(c)(3) charitable benefit nonprofit organizations across Oregon. The survey was developed by Portland State University in collaboration with the City Club of Portland’s Earthquake Report Advocacy Committee (CCERAC) and the Nonprofit Association of Oregon (NAO), following Sutton & Tierney’s (2006) and Ritchie, Tierney, & Gilbert’s (2010) classification and previous survey. Based on the survey distribution process, primarily through NAO, PSU’s Nonprofit Institute, and other nonprofit and public agencies’ networks, these survey results are based on a convenience sample of nonprofits that responded to the survey. As such, the …

Transferring Sustainability Solutions Across Contexts Through City–University Partnerships, Lauren Withycombe Keeler, Fletcher Beaudoin, Amy M. Lerner, Beatrice John, Richard Beecroft, Kaidi Tamm, Arnim Wiek, Daniel J. Lang

Institute for Sustainable Solutions Publications and Presentations

The urgency of climate change and other sustainability challenges makes transferring and scaling solutions between cities a necessity. However, solutions are deeply contextual. To accelerate solution efforts, there is a need to understand how context shapes the development of solutions. Universities are well positioned to work with cities on transferring solutions from and to other cities. This paper analyses five case studies of city–university partnerships in three countries on transferring solutions. Our analysis suggests that understanding the interest, the action on sustainability, and the individual and collective sustainability competences on the part of the city administration and the university can …

The Genome Of Austrofundulus Limnaeus Offers Insights Into Extreme Vertebrate Stress Tolerance And Embryonic Development, Josiah Tad Wagner, Param Priya Singh, Amie L. Romney, Claire L. Riggs, Patrick Minx, Steven Cody Woll, Jake Roush, Wesley C. Warren, Anne Brunet, Jason E. Podrabsky

Center for Life in Extreme Environments Publications

Background: The annual killifish Austrofundulus limnaeus inhabits ephemeral ponds in northern Venezuela, South America, and is an emerging extremophile model for vertebrate diapause, stress tolerance, and evolution. Embryos of A. limnaeus regularly experience extended periods of desiccation and anoxia as a part of their natural history and have unique metabolic and developmental adaptations. Currently, there are limited genomic resources available for gene expression and evolutionary studies that can take advantage of A. limnaeus as a unique model system.

Results: We describe the first draft genome sequence of A. limnaeus. The genome was assembled de novo using a merged assembly strategy …

Introduction To Data Science: Executive Summary, Liming Wang

TREC Project Briefs

This education project created the curriculum for a new course: Introduction to Data Science for Planners, Engineers, and Scientists. The course helps students and professionals tackle the challenges of processing high volumes of data.

How Do Stressed Workers Make Travel Mode Choices That Are Good For Their Health, Safety, And Productivity?, Liu-Qin Yang, Brad Wipfli, Lee Cyr, Kristina Marie Currans, Liming Wang

TREC Final Reports

It is well recognized in transportation and psychology research that commuting stress has consequences for commuters' travel safety, home environment, and work performance. Little research has addressed questions involving the possible interdependence between work stress, family stress, and commuting stress: Do workers having many demands from work and family life get more stressed out from a stressful commute? Or do stressed workers try to cope with work and non-work stress by choosing more relaxing travel modes?

This proposal integrates the perspectives from transportation, psychology, and health science by focusing on the relations between commuting stress, commuting mode choice, and consequences …

Campus Sustainability Office Annual Report, 2017-2018, Campus Sustainability Office

Campus Sustainability Office Publications, Reports and Presentations

The Campus Sustainability Office 2017-2018 annual report.

Oregon Lake Watch Program: Training Manual, Rich Miller, Crysta Gantz, Vanessa Morgan, Angela L. Strecker, Mark D. Sytsma

Center for Lakes and Reservoirs Publications and Presentations

Oregon is fortunate to have a wide variety of beautiful and enjoyable lakes and reservoirs. The Oregon Lake Watch Program (OLWP), a citizen science volunteer based program, was created to help protect these natural resources. Specifically, the goal of the OLWP is to help protect Oregon’s lakes and reservoir through having citizen volunteers survey for invasive species and gather water quality data, and then disseminating this information to the public and resource managers.

This OLWP training manual provides protocols for collecting important water quality data, surveying for invasive plants and animals, photo documentation and preservation of invasive species, and recording …

A Long-Standing Debate: Reflections On Risk And Anxiety: A Theory Of Data Breach Harms By Daniel Solove And Danielle Keats Citron, Ryan Calo

Articles

This jointly-authored Article contributes mightily to our understanding of a critical aspect of privacy: harm. As Professors Solove and Citron carefully evidence, courts are reticent to countenance the harms that flow from a violation of privacy, even as they compensate similar harms in other contexts. Thus while exposing a plaintiff to an environmental or health risk may be compensable, few decisions vindicate victims of a data breach unless or until they experience actual identity theft. Courts have recognized subjective harms such as fear since the night W de S threw his fateful axe at M de S. But courts seldom …

Visual Rulemaking, Elizabeth G. Porter, Kathryn A. Watts

Articles

Visual politics are seeping into the technocracy. Rulemaking stakeholders—including agencies, the President, and members of the public—are deploying politically tinged visuals to push their agendas at every stage of high-stakes, often virulently controversial, rulemakings. These images, GIFs, and videos usually do not make it into the official rulemaking record, so this new “visual rulemaking” world has not been discussed much by scholars or others.

In this article, we explore the new visual rulemaking culture that emerged in Obama’s presidency, providing examples and discussing relevant policy implications. Although we recognize some risks, we argue that, on balance, visual rulemaking is a …

Amending Codes Of Judicial Conduct To Impose Campaign Contribution And Expenditure Limits On Judicial Campaigns, Hugh D. Spitzer, Philip A. Talmadge

Articles

Every judicial campaign year, millions of dollars pour into individual court races around the country. The bulk of that money is donated by lawyers, businesses, and others with financial interests in how judges, especially appellate judges, decide cases. United States Supreme Court rulings on political contributions and spending have hamstrung the ability of states to control larges-cale expenditures in judicial races. This essay reviews empirical research by political scientists who have documented the effect of large campaign donations on how judges decide cases and on the public's perception of court impartiality. It describes how legislatures and courts have addressed (or …

Shipping Company Ordered To Pay Almost $1m For Demoting Whistleblower, Craig H. Allen

Articles

The US Department of Labor's (DOL) Administrative Review Board recently affirmed a DOL administrative law judge (ALJ) decision in favor of the former master of the Horizon Trader who had filed a complaint alleging that the Horizon violated the Seaman's Protection Act by discharging him in retaliation for making protected safety reports to the US Coast Guard and American Bureau of Shipping. In Loftus v. Horizon Lines, Inc. (DOL ARB Case No. 16-082), the board upheld the ALJ's award of $655,1998.90 in back pay plus interest; $10,000 in compensatory damages for emotional distress; $225,000 in punitive damages, and an unspecified …

Catching Disruption: Regulating Corporate Venture Capital, Jennifer S. Fan

Articles

Sesame Street, Walgreens, 7-Eleven, General Motors, Campbell Soup—these are not the names of companies that come to mind when thinking about the startup world. Yet, each of these companies started its own corporate venture capital arm in the last eight years. Corporate venture capital (“CVC”)—equity investments in external startups made by corporations or investment entities designated by corporations—no longer play a minor role in venture capital: they have become an influential force in the field. Business scholars have been at the forefront of studying this newly powerful phenomenon. Thus far, however, legal scholars have overlooked CVCs. Legal scholars—and many in …

Democratizing Proof: Pooling Public And Police Body-Camera Videos, Mary D. Fan

Articles

There are two cultural revolutions in recording the police. From the vantage of police departments, there is the rapidly spreading uptake of police-worn body cameras. On the public side, community members are increasingly using their cell phone cameras to record the police. Together, these dual recording revolutions are generating important new questions and possibilities regarding the balance of power in producing proof and illuminating contested encounters. This Essay is about how pooling police body camera and public videos can address three emerging challenges in the police recording revolution. The first challenge is the controversy over failures to record contested encounters …

“And Yet It Moves”—The First Amendment And Certainty, Ronald K.L. Collins

Articles

Surprisingly few, if any, works on the First Amendment have explored the relation between free speech and certainty. The same holds true for decisional law. While this relationship is inherent in much free speech theory and doctrine, its treatment has nonetheless been rather opaque. In what follows, the author teases out— philosophically, textually, and operationally—the significance of that relationship and what it means for our First Amendment jurisprudence. In the process, he examines how the First Amendment operates to counter claims of certainty and likewise how it is employed to demand a degree of certainty from those who wish to …

The Flipside Of Michigan V. Epa: Are Cumulative Impacts Centrally Relevant?, Sanne H. Knudsen

Articles

This Article explores the flipside of Michigan--where the Court's logic can just as well support agencies in their public health and environmental protection efforts. In particular, taking Michigan as a blueprint, this Article argues that cumulative impacts are centrally relevant to environmental regulation and--like cost--deserve a systemic and meaningful role in agency decisionmaking, including in the threshold decision of when to regulate.

In doing so, this Article serves as a counterbalance to the weight of cost benefit rhetoric that would reduce environmental law off to a line item in a strained budget. In support of that thesis, this Article …

Socioeconomic Status Discrimination, Danieli Evans

Articles

This Article makes the case for protecting socioeconomic status (SES) under discrimination statutes that govern employment, housing, education, voting, public accommodations, and credit/lending. While others have argued that poverty should be a protected class under the Fourteenth Amendment, the courts have rejected this idea. The possibility of protecting SES under discrimination statutes has received little consideration. I argue that this idea deserves more serious attention. I advance four arguments in favor of adding SES to the list of protected traits. Two moral, one political, and one legal.

First and most straightforward, the values animating discrimination law apply to poverty: Existing …

The Bearish Bankruptcy, Diane L. Dick

Georgia Law Review

Modern bankruptcy practice under Chapter 11
presumptively excludes the large and publicly-traded
corporate debtor's shareholders from the negotiation
table based on a longstanding assumption that they
have no economic interest to protect because most
bankrupt companies are insolvent. But bankruptcy
practice overlooks a shareholder's most important
economic interest: the right to enjoy the reorganized
firm's unlimited upside potential after all creditor
claims are satisfied. This interest, which is essentially
an option right, is totally ignored in the debtor's
hypothetical liquidation analysis. In a similar way,
the debtor's upside potential is not fully captured by
prevailing enterprise valuation techniques.
Of course, …

Perfecting Bitcoin, Kevin V. Tu

Georgia Law Review

Bitcoin is still here. The price of Bitcoin rebounded-
setting a record high of $19,783.21 per Bitcoin in
December 2017 before dropping to a price of $8,690 per
Bitcoin as of March 22, 2018. Moreover, legal and
regulatory developments, like New York's BitLicense and
federal taxation of virtual currency as property, can be
viewed as legitimizing its use. The normalization of
virtual currency is evidenced by its increasingly
mainstream applications. Virtual currency can be used
as a faster and lower cost method of transferringfunds
domestically and internationally. A growing number of
retailers now accept virtual currency as a method of …

The Cost Of Appraisal Rights: How To Restore Certainty In Delaware Mergers, Matthew E. Miehl

Georgia Law Review

Delaware's legislature created appraisal rights to
ensure that minority shareholders received fair
compensation for shares that were involuntarily sold in
a merger. Modern securities practices blur the line
between a share's equity interest and its voting interest,
which enables appraisal arbitrage-individuals,
particularly hedge funds, petitioning for appraisal
rights over shares that another person has the voting
rights to. Instances of appraisalarbitragein Delaware
mergers are soaring and causing corporate buyers to be
uncertain about a merger's ultimate price. This Note
contends that Delaware's legislature can ameliorate
this problem by establishing a contemporaneous
ownership requirement and by initiating efforts to
centralize share …

Two Wrongs Don't Make It Right: Title Vii, Sexual Orientation, And The Misuse Of Stare Decisis, Kenneth A. Pilgrim

Georgia Law Review

More than thirty years ago, LGBT employees across
the United States sought relief from discrimination
under Title VII of the Civil Rights Act, claiming
protection under the statute's guarantee that employers
may not discriminate "because of sex." The federal
Courts of Appeals responded with a unanimous voice.
Title VII does not cover sexual orientation.
That conclusion was neither shocking nor
controversial in the early 1980's, but the Judiciary's
interpretationof Title VII has changed fundamentally in
the decades since. Multiple Supreme Court decisions
and newly recognized theories of sex discriminationhave
called into question the notion that Title VII has nothing
to …

Table Of Contents

Georgia Law Review

No abstract provided.

The Impropriety Of Punitive Damages In Mass Torts, James A. Henderson Jr.

Georgia Law Review

Punitive damages have been around for centuries in classic
one-on-one tort actions and are here to stay. Mass torts, of
more recent origin, have matured to the point that this article
is comfortable referring to most of them as traditional.
Notwithstanding the legitimacy of both institutions when
employed separately, loud warning signals should sound
when, as with drinking and driving, they are combined.
Potentially destructive mixes of punitive damages and mass
torts have, unfortunately, been prevalent in traditional,fault-
based mass tort actions. The difficulties are mostly
administrative.Although punitive damages are conceptually
compatible with fault-based mass torts, courts administer
punitive awards …