Digital Commons Network^™

From Corporate Law To Corporate Governance, Ronald J. Gilson

Faculty Scholarship

In the 1960s and 1970s, corporate law and finance scholars gave up on their traditional approaches. Corporate law had become “towering skyscrapers of rusted girders, internally welded together and containing nothing but wind.” In finance, the theory of the firm was recognized as an “empty box.” This essay tracks how corporate law was reborn as corporate governance through three examples of how we have usefully complicated the inquiry into corporate behavior. Part I frames the first complication, defining governance broadly as the company’s operating system, a braided framework of legal and non-legal elements. Part II adds a second complication by …

Measuring Leak Rates From Abandoned Natural Gas Wells In Western Pennsylvania, John Bradshaw, Jeremy M. Slagley, Nicole Iannacchione, Matthew Lees

Faculty Publications

The proliferation of unconventional natural gas drilling has brought considerable recent attention to the possible impacts that this new technology may have on greenhouse gas emissions. In Pennsylvania, estimates of these possible impacts are very difficult to accurately assess in large part due to the highly uncertain contribution from legacy abandoned and orphaned gas (AOG) wells. This paper outlines our work in establishing a methodology for measuring the methane leak rate from AOG wells in Western Pennsylvania. The theory and methodology of an enclosure method for measuring the methane mass leak rate from one AOG natural gas well is described. …

Critique & Praxis: A Pure Theory Of Illusions, Values, And Tactics, And An Answer To The Question: "What Is To Be Done?", Bernard E. Harcourt

Faculty Scholarship

We are going through an unprecedented period of political instability. With the rise of the alt-right and of xenophobic sentiment, and the fallout of neoliberal government policies, our political future is at stake. These times call for the type of critical theory and praxis that gave rise to the Frankfurt School in the 1920s and to the critical ferment of the 1970s. Yet, in the face of our crises today, contemporary critical theory seems disarmed.

Critical theory is in disarray because of a wave of anti-foundational challenges in the 1960s that shattered the epistemological foundations of the Frankfurt School. The …

The Keys To The Kingdom: Judges, Pre-Hearing Procedure, And Access To Justice, Colleen F. Shanahan

Faculty Scholarship

Judges see themselves as – and many reforming voices urge them to be – facilitators of access to justice for pro se parties in our state civil and administrative courts. Judges’ roles in pro se access to justice are inextricably linked with procedures and substantive law, yet our understanding of this relationship is limited. Do we change the rules, judicial behavior, or both to help self-represented parties? We have begun to examine this nuanced question in the courtroom, but we have not examined it in a potentially more promising context: pre-hearing motions made outside the courtroom. Outside the courtroom, judges …

Showing Your Pride: Image As Interpellation In The Pride Study, Valerie Rubinsky

Iowa Journal of Communication

This personal essay investigates the online presentation of The PRIDE Study: a longitudinal health study for members of the LGBTQ community that aims to improve understanding of LGTBQ health care issues and increase the wellbeing of the group. The study utilizes the rhetorical concepts of interpellation and identification to examine the PRIDE Study Website.

The Food Babe Fearmonger: Transcending Spheres Of Argument Through The Dual Use Of Personal And Pseudo-Technical Expertise, Abigail Shew

Dissertations and Theses @ UNI

This thesis examines the public figure Vani Hari, aka The Food Babe, and her influence on public dialogue about food, nutrition, and diet. Using the theoretical framework of spheres of argument as originally described by G. Thomas Goodnight, this thesis analyzes Food Babe as an expert within the personal, technical, and public spheres. Both verbal and visual arguments will be considered throughout the analysis of Food Babe as both a personal sphere rhetor and pseudo-technical expert. This thesis argues that Food Babe simultaneously uses personal sphere evidence and argumentative strategies to legitimize herself as a pseudo-technical expert within the technical …

Waiting For The Mail: A Collection Of Short Stories, James Matthew Keane

Dissertations and Theses @ UNI

This collection of six pieces of original short fiction is, in general, a reflection upon my on-going questions concerning identity. In particular, these stories delve into the nature of masculinity through an exploration of male relationships—fathers, sons, husbands, and brothers.

They That Go Down To The Sea In Ships: Richard Henry Dana, Jr.'S Two Years Before The Mast And The Sublime, Laurie Anne Lee

Dissertations and Theses @ UNI

In this thesis I incorporated the use of a two-fold lens to investigate the character development of the author Richard Henry Dana, Jr., who I met in his autobiography and his book Two Years Before the Mast, the written record of his 1834-1836 voyage aboard the Pilgrim and the Alert. In an effort to understand Dana the sailor and Dana the lawyer, I viewed his life and work, in part, through the lens of Edmund Burke’s Philosophical Enquiry into the Sublime and Beautiful, paying special attention to Burke’s definition of the sublime as encompassing pain and suffering. Through Burke’s Enquiry …

Sand Distribution Effect On Three Dimensional Printed Sand Properties, Kip Woods

Dissertations and Theses @ UNI

The purpose of this study was to assess the performance characteristics of commercially available round grain silica sand for the use in three-dimensional sand printers. Two different average diameters were selected to examine the effects of screen distribution on printing performance; these diameters were 57-grain fineness number (GFN) and 70 GFN. These sands were a high purity round grain silica and had low trace contaminates, to reduce any possible influence from contaminates.

The resin system utilized in this investigation was a commercially available Furan resin system. Two test specimens were used in this study the American Foundry Society (AFS) tensile …

3d Printed Relief Valve Analysis And Validation, John Anthony Dutcher Iii

Dissertations and Theses @ UNI

Additive Manufacturing allows for faster, lower cost product development including customization, print at point of use, and low cost per volume produced. This research uses Stereolithography produced prototypes to develop an improvement to an existing product, the internal pressure relief valve of a positive displacement pump. Four 3D printed prototype assemblies were developed and tested in this research. The relief valve assemblies consisted of additive manufacturing produced pressure vessel components, post processed, and installed on the positive displacement pump with no additional machining. Prototype designs were analyzed with Computational Fluid Dynamic simulation to increase flow through the valve. The simulation …

Master's Recital: Chase Pebworth, Tuba, Chase Pebworth

Dissertations and Theses @ UNI

This recital is divided into two parts; two pieces prior to intermission and three afterwards. The first two pieces From Jewish Life and Concerto for Bass Tuba have more traditional connotations. From Jewish Life is originally a cello piece and has been adapted for tuba. The Concerto for Bass Tuba is one of the most standard pieces in the tuba repertoire. For the purposes of this recital, both are accompanied by piano. The last three pieces are more contemporary and personal. Polka.com is a short, high-energy work for unaccompanied tuba. Cuba and That’s a Plenty feature solo tuba with CD …

Christopher Phalen, Graduate Conducting Recital Abstract, Christopher Richard Phalen

Dissertations and Theses @ UNI

Christopher R. Phalen planned and conducted a compilation recital during the Fall semester of 2017. All concerts took place on the campus of the University of Northern Iowa. On October 17, 2017, Phalen conducted the UNI Women’s Chorus and Varsity Men’s Glee Club in the Great Hall of the Gallagher Bluedorn Performing Arts Center. On November 2, 2017, Phalen conducted the UNI Concert Chorale and UNI Singers in the Great Hall of the Gallagher Bluedorn Performing Arts Center. On November 3, 2017, Phalen conducted UNI Cantorei and members of the Northern Iowa Symphony Orchestra as part of the Bach Cantata …

Chevron On Stilts: A Response To Jonathan Siegel, Philip A. Hamburger

Faculty Scholarship

Whither Chevron? For several years, some justices of the Supreme Court have been questioning Chevron deference, partly on the basis of my constitutional critique of it. It was inevitable that someone would stand up in defense of that doctrine, and I am glad to say that my estimable former colleague Jonathan Siegel has stepped up to the plate. But the defense of the indefensible is not easy.

Although the long-standing conventional critique of Chevron was that it violates the separation of powers and federalism, my criticism is that Chevron deference corrupts the judicial process. As adumbrated in my 2014 …

Foreword, George A. Bermann, Anu Bradford

Faculty Scholarship

European Union ("EU") law is no more immune than any other functioning body of law to technological innovation, and the European institutions need to adapt to such change. EU law has done so in a wide variety of ways, only a sampling of which can be presented in this issue of the Columbia Journal of European Law that we are honored to introduce. The Journal's commission of this Special Issue evidences its keen awareness of both the promises and challenges that technological change presents to Europe and its legal institutions.

Sequestering Carbon Dioxide Undersea In The Atlantic: Legal Problems And Solutions, Michael B. Gerrard, Romany M. Webb

Faculty Scholarship

Reducing the amount of carbon dioxide in the atmosphere is vital to mitigate climate change. To date, reduction efforts have primarily focused on minimizing the production of carbon dioxide during electricity generation, transport, and other activities. Going forward, to the extent that carbon dioxide continues to be produced, it will need to be captured before release. The captured carbon dioxide can then be utilized in some fashion or injected into underground geological formations (e.g., depleted oil and gas reserves, deep saline aquifers, or basalt rock reservoirs) where it will hopefully remain permanently sequestered. This injection process is referred to as …

The Administrative Evasion Of Procedural Rights, Philip A. Hamburger

Faculty Scholarship

Administrative power does profound harm to civil liberties, and nowhere is this clearer than in the administrative evasion of procedural rights. All administrative power is a mode of evasion, but the evasion of juries, due process, and other procedural rights is especially interesting as it most concretely reveals the administrative threat to civil liberties.

In contemporary doctrine, due process and most other procedural rights are understood mainly as standards for adjudication in the courts. Traditionally, however, they were understood, at least as much, to bar adjudication outside the courts. That is, they were understood to block evasions of the courts …

Mandatory Quotas For Women On Boards Of Directors In The European Union: Harmful To Or Good For Company Performance?, Monika Leszczynska

Faculty Scholarship

Impact assessments are an important component of a better regulation programme—an initiative of the European Commission launched to improve the quality and transparency of the EU (European Union) law-making process. In the current article, I take a closer look at the Impact Assessment (IA) issued by the European Commission together with a Directive proposing a 40% obligatory female representation on the boards of directors in European public companies. In the IA, the Commission defined an improvement of corporate governance as one of the objectives to be achieved by the Directive. The Commission claimed that the more gender-diverse a corporate board …

Rethinking Family-Court Prosecutors: Elected And Agency Prosecutors And Prosecutorial Discretion In Juvenile Delinquency And Child Protection Cases, Joshua Gupta-Kagan

Faculty Scholarship

Like criminal prosecutors, family-court prosecutors have immense power. Determining which cases to prosecute and which to divert or dismiss goes to the heart of the delinquency system’s balance between punishment and rehabilitation of children and the child protection system’s spectrum of family interventions. For instance, the 1990s shift to prosecute (rather than dismiss or divert) about 10 percent more delinquency cases annually is as significant a development as any other. Yet scholars have not examined the legal structures for these charging decisions or family-court prosecutors’ authority in much depth.

This Article shows how family-court prosecutors’ roles have never been fully …

Patterns Of Climate Change Litigation During Trump Era, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

Litigation about climate change took off in the early 2000s. Its focus has varied with the occupant of the White House. Under George W. Bush, most suits were brought by environmental groups and blue states, frustrated by the lack of federal action, seeking to push regulations or impede fossil fuel projects. Under Barack Obama, climate litigation was mostly industry and red states seeking to block regulations. And now under Donald Trump, it is largely about environmental groups and blue states trying to preserve the rules adopted under President Obama, and to seek novel remedies to get around federal hostility to …

New York Environmental Legislation In 2017, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

In 2017, New York State enacted multiple laws that tackle aspects of two major environmental issues facing the state: protecting water quality and advancing the state’s clean energy goals. In addition, Governor Andrew Cuomo signed laws concerning oil tankers on the Hudson, elephant welfare, food waste, and lead paint. He also approved a moratorium barring New York City’s plastic bag fee from taking effect. This annual survey reports on these developments and other environmental laws enacted in 2017.

Universal Design For Learning Framework And Supports For Use With Students With Autism Spectrum Disorders, Jennifer J. Lesh

Faculty and Staff Publications & Presentations

No abstract provided.

The Long Environmental Justice Movement, Jedediah S. Purdy

Faculty Scholarship

The standpoint of environmental justice has become integral to environmental law in the last thirty years. Environmental justice criticizes mainstream environmental law and advocacy institutions on three main fronts: for paying too little attention to the distributive effects of environmental policy; for emphasizing elite and professional advocacy over participation in decision making by affected communities; and for adhering to a woods-and-waters view of which problems count as “environmental” that disregards the importance of neighborhoods, workplaces, and cities. This Article highlights the existence of a “long environmental justice movement” that, like the long movements for racial equality and labor organizing, put …

Learned Hand On Statutory Interpretation: Theory And Practice, Thomas W. Merrill

Faculty Scholarship

It is a great honor to take part in the celebration of the Second Circuit’s 125th anniversary and in particular to present the Hands Lecture. The Second Circuit in the 1930s and 1940s came to be called the “Hand Court,” and during those years it established its reputation as the most admired of the U.S. circuit courts of appeals. It was called the Hand Court because two of its judges, who often formed the majority on three-judge panels, bore the surname Hand. They were cousins. Augustus Hand was a few years older than Learned Hand but was appointed to the …

The Wealth Gap And The Racial Disparities In The Startup Ecosystem, Lynnise E. Pantin

Faculty Scholarship

Although much attention has been given to structural inequality as it manifests in the criminal justice context, little has been said about economic inequality as it relates to the startup ecosystem. This Article details how the historic creation of the wealth gap affects entrepreneurship, highlighting how the wealth gap adversely impacts entrepreneurs of color. Entrepreneurship is a compelling solution to wealth inequality, but wealth inequality can be an impediment to success in entrepreneurship. This Article explains how the United States’ history of bolstering wealth creation for some, while inhibiting wealth creation for people of color, matters for understanding the startup …

State Authority To Preempt Local Laws Regulating Renewable Energy Projects, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

The New York State Energy Plan, announced by Gov. Andrew Cuomo in 2015, calls for a doubling to 50 percent of the portion of the electricity used in the state that comes from renewable sources by 2030. This would lower greenhouse gas emissions, create jobs, and reduce the use of fossil fuels, especially natural gas.

Much of this new renewable energy would be generated by wind and solar projects. Some if it would be from wind facilities to be built offshore in the Atlantic Ocean; the rest would be on the land.

Transparency's Ideological Drift, David E. Pozen

Faculty Scholarship

In the formative periods of American "open government" law, the idea of transparency was linked with progressive politics. Advocates of transparency understood themselves to be promoting values such as bureaucratic rationality, social justice, and trust in public institutions. Transparency was meant to make government stronger and more egalitarian. In the twenty-first century, transparency is doing different work. Although a wide range of actors appeal to transparency in a wide range of contexts, the dominant strain in the policy discourse emphasizes its capacity to check administrative abuse, enhance private choice, and reduce other forms of regulation. Transparency is meant to make …

Problematic Autoethnographic Research: Researcher’S Failure In Positioning, Ji Young Shim

The Qualitative Report

This article problematizes and discusses the “auto”ethnographical approach, which has recently become pervasive in research-oriented writings, to “tell the story of self and subject” in order to analyze wider cultural and social conditions. This method can be found in the remarkable array of a variety of disciplines in which scholars have explicitly and implicitly highlighted identity-related issues. One problem with this approach is its failure to recognize the ideological generalization in identifying the researcher’s position, with the risk of eventually becoming a neutral “truth through the researcher’s reality.” This paper focuses on the crisis between history and memory in contextualizing …

Insomnia And Stress: Associations With Mental Resilience And Mood, J. C. Verster, L. Palagini, M. Mackus, A. J. Van De Loo, J. Garssen, Thomas Roth

Sleep Medicine Meeting Abstracts

Introduction: The aim of this study was to investigate the association between insomnia symptoms, psychological health, mental resilience, and stress.

Methods: A survey was held among young Dutch adults, aged 18 to 30 years old. The insomnia subscale of the SLEEP-50 questionnaire was completed. In addition, prior night's bedtime, time of sleep onset, and arising time were recorded. Psychological wellbeing was assessed using the 5-item World Health Organization (WHO-5) Well-Being Index and mental resilience was assessed using the Brief Resilience Scale. Mood was assessed with the short-form Profiles of Mood States (POMS-SF), and the Depression Anxiety Stress scale (DASS) and …

Asymmetric Constitutional Hardball, Joseph Fishkin, David E. Pozen

Faculty Scholarship

Many have argued that the United States' two major political parties have experienced "asymmetric polarization" in recent decades: The Republican Party has moved significantly further to the right than the Democratic Party has moved to the left. The practice of constitutional hardball, this Essay argues, has followed a similar – and causally related – trajectory. Since at least the mid-1990s, Republican officeholders have been more likely than their Democratic counterparts to push the constitutional envelope, straining unwritten norms of governance or disrupting established constitutional understandings. Both sides have done these things. But contrary to the apparent assumption of some legal …

Intermediary Design Duties, Olivier Sylvain

Faculty Scholarship

Online social networking applications and marketplaces enable users to discover ideas, people, places, and products. The companies behind these services purport to be little more than the conduits through which users socialize and transact business. It is on this premise that, pursuant to the Communications Decency Act (CDA), courts are reluctant to impose liability on intermediaries for their users' illegal online conduct. In spite of language in the statute that would limit the safe harbor to intermediaries that voluntarily moderate users' content and behavior, courts today refrain from granting immunity only in cases in which intermediaries "materially contribute" to illegal …