Digital Commons Network^™

Centros And Defensive Regulatory Competition: Some Thoughts And A Glimpse At The Data, Martin Gelter

Faculty Scholarship

This paper looks at the phenomenon of “defensive regulatory competition” in European corporate law following Centros, Überseering and Inspire Art. In order to retain control over the corporate governing private limited entities operating within their territories and to prevent the proliferation of “foreign limited” formations, Member States have modified some of the features of their laws that company founders considers most unattractive, such as minimum capital and time-consuming incorporation procedures. The first part of the paper analyzes the market for the law governing privately held firms, drawing from the debate in the United States. The US and Europe differ in …

Process Scrutiny: Motivational Inquiry And Constitutional Rights, Joseph Landau

Faculty Scholarship

Judicial inquiries into political branch motivation have long bedeviled courts and scholars. Especially vexing are questions regarding judicial review of facially neutral government action. The canonical decision in this arena, Washington v. Davis, holds that facially neutral legislation or administrative action resulting in a disparate impact on the basis of race or gender will not on its own trigger heightened scrutiny. In order to invoke more careful scrutiny of government action, there must be evidence of discriminatory intent. Many scholars understand the Court’s intent doctrine to license malintent by encouraging policymakers to conceal invidious purposes behind facially neutral language. For …

The Games They Will Play: Tax Games, Roadblocks, And Glitches Under The 2017 Tax Legislation, David Kamin, David Gamage, Ari Glogower, Rebecca Kysar, Darien Shanske, Reuven Aviyonah, Lily Batchelder, J. Clifton Fleming, Daniel Hemel, Mitchell Kane, David Miller, Daniel Shaviro, Manoj Viswanathan

Faculty Scholarship

No abstract provided.

Faithful Execution And Article Ii, Andrew Kent, Ethan J. Leib, Jed Shugerman

Faculty Scholarship

Article II of the U.S. Constitution twice imposes a duty of faithful execution on the President, who must “take Care that the Laws be faithfully executed” and take an oath or affirmation to “faithfully execute the Office of President.” These Faithful Execution Clauses are cited often, but their background and original meaning have never been fully explored. Courts, the executive branch, and many scholars rely on one or both clauses as support for expansive views of presidential power, for example, to go beyond standing law to defend the nation in emergencies; to withhold documents from Congress or the courts; or …

It’S About Quality: Private Confinement Facilities In Juvenile Justice, Jeffrey A. Butts, John F. Pfaff

Faculty Scholarship

The youth justice system in the United States has always depended on nongovernmental organizations to provide some of the services, supports, and sanctions for youth after juvenile court adjudication. As the use of state-operated youth confinement declined in recent years, primarily as a result of falling rates of serious juvenile crime, the relative importance of private facilities increased. The number of juveniles held in privately operated secure confinement facilities is now larger than the number confined in state institutions.

Hardball Vs. Beanball: Identifying Fundamentally Antidemocratic Tactics, Jed H. Shugerman

Faculty Scholarship

The “constitutional hardball” metaphor used by legal scholars and political scientists illuminates an important phenomenon in American politics, but it obscures a crisis in American democracy. In baseball, hardball encompasses legitimate tactics: pitching inside to brush a batter back but not injure, hard slides, hard tags. Baseball fans celebrate hardball. Many of the constitutional hardball maneuvers previously identified by scholars have been legitimate, if aggressive, constitutional political moves. But the label “hardball” has been interpreted too broadly to include illegitimate, fundamentally undemocratic tactics. I suggest a different baseball metaphor for such tactics: beanball, pitches meant to injure and knock out …

Maps: Scaling Privacy Compliance Analysis To A Million Apps, Sebastian Zimmeck, Peter Story, Daniel Smullen, Abhilasha Ravichander, Ziqi Wang, Joel R. Reidenberg, N. Cameron Russell, Norman Sadeh

Faculty Scholarship

The app economy is largely reliant on data collection as its primary revenue model. To comply with legal requirements, app developers are often obligated to notify users of their privacy practices in privacy policies. However, prior research has suggested that many developers are not accurately disclosing their apps’ privacy practices. Evaluating discrepancies between apps’ code and privacy policies enables the identification of potential compliance issues. In this study, we introduce the Mobile App Privacy System (MAPS) for conducting an extensive privacy census of Android apps. We designed a pipeline for retrieving and analyzing large app populations based on code analysis …

Lenders' Roles And Responsibilities In Sovereign Debt Markets, Susan Block-Lieb, W. Mark C. Weidemaier

Faculty Scholarship

Academic and policy debates about the multi-trillion-dollar sovereign debt markets presume these markets are unique. The reason is that sovereigns differ from other borrowers. To the extent observers look elsewhere for guidance, they turn to corporate debt as a comparison. For example, official actors have repeatedly intervened in sovereign debt markets by prodding market participants to draft loan contracts that simulate aspects of corporate bankruptcy. We argue that the conventional view of sovereign debt—though useful to a point—has substantially and unjustifiably limited the academic and policy agenda. Rather than dwell on the unique characteristics of sovereign borrowers, we examine the …

Apis And Your Privacy, N. Cameron Russell

Faculty Scholarship

Application programming interfaces, or APIs, have been the topic of much recent discussion. Newsworthy events, including those involving Facebook’s API and Cambridge Analytica obtaining information about millions of Facebook users, have highlighted the technical capabilities of APIs for prominent websites and mobile applications. At the same time, media coverage of ways that APIs have been misused has sparked concern for potential privacy invasions and other issues of public policy. This paper seeks to educate consumers on how APIs work and how they are used within popular websites and mobile apps to gather, share, and utilize data.

APIs are used in …

The Impact Of Using Elementary Science Specialists On 5th Grade Science Achievement Scores, Wesley Armstrong Roach

Doctoral Dissertations and Projects

American students score significantly below several other countries in the area of science achievement. With threats such as epidemics and cyber terrorism facing modern society, it is important for schools to prepare students to succeed in science. Research has shown, however, that substandard science instruction at the elementary level leaves students ill-prepared for future success in science. And, even worse, low quality science instruction in elementary school is, for some students, correlated to the loss of interest in science altogether. The purpose of this causal-comparative study was to examine the effect of using science specialists in elementary schools on science …

Exploring The Perceptions Of Accountants On Academic Preparations Related To Occupational Fraud And Internal Control Weaknesses, Mohamad Majdi Sahloul

Doctoral Dissertations and Projects

Occupational fraud and internal control material weaknesses (ICMWs) have become global issues due to the strong correlation between internal control (IC) and fraud revelation. However, academic education (AE) has a positive influence on deliberative reasoning and ethical decisions. Nevertheless, little is known of how accountants perceive their AE prepared them to detect fraud and respond to ICMWs. Thus, there is a need to explore how accountants perceive the strengths and weaknesses in their AE regarding fraud and ICMWs. The study contains a comprehensive review of articles published by peer-reviewed journals, particularly in the last five years. The conceptual framework included …

A Euclid Dissent, Michael Lewyn

Scholarly Works

In Euclid v. Ambler Realty, the Supreme Court upheld the constitutionality of zoning, including zoning that excluded apartment houses and retail businesses. Although the decision was not unanimous, the Euclid minority did not write a formal dissent. The purpose of this article is to show what such a dissent should have looked like.

Consequences Of Pathogen Lists: Why Some Diseases May Continue To Plague Us, David Brett-Major, Trina Racine, Gary P. Kobinger

Journal Articles: Epidemiology

The current strategy used by many funding agencies for determining how money is spent on research to help prevent infectious disease outbreaks is based on pathogen-specific priority lists. Listing disease threats provides focus for business and research planning conducive to specific goals of developing a drug, or a vaccine, or other particular product. But, this singular type of focus has consequences. This perspective explores the consequences of lists, and describes how parallel programming independent of disease lists that address what we need to do to prevent and mitigate emerging disease risks may provide benefits out of reach of a singular …

New Filovirus Disease Classification And Nomenclature, Jens H. Kuhn, Takuya Adachi, Neill K.J. Adhikari, Jose R. Arribas, Ibrahima Elhadj Bah, Daniel G. Bausch, Nahid Bhadelia, Matthias Borchert, Arne Broch Brantsæter, David Brett-Major, Timothy H. Burgess, Daniel S. Chertow, Christopher G. Chute, Theodore J. Cieslak, Robert Colebunders, Ian Crozier, Richard T. Davey, Hilde De Clerck, Rafael Delgado, Laura Evans, Mosoka Fallah, William A. Fischer, Tom E. Fletcher, Robert A. Fowler, Thomas Grünewald, Andy Hall, Angela L. Hewlett, Andy I.M. Hoepelman, Catherine F. Houlihan, Giuseppe Ippolito, Shevin T. Jacob, Michael Jacobs, Robert Jakob, Frederique A. Jacquerioz, Laurent Kaiser, Andre C. Kalil, Rashidatu F. Kamara, Jimmy Kapetshi, Hans-Dieter Klenk, Gary Kobinger, Mark G. Kortepeter, Colleen S. Kraft, Thomas Kratz, Henry S. Kyobe Bosa, Marta Lado, François Lamontagne, H. Cliff Lane, Leslie Lobel, Julius Lutwama, G. Marshall Lyon, Moses B.F. Massaquoi, Thomas A. Massaquoi, Aneesh K. Mehta, Vital Mondonge Makuma, Srinivas Murthy, Tonny Seikikongo Musoke, Jean-Jacques Muyembe-Tamfum, Phiona Nakyeyune, Carolina Nanclares, Miriam Nanyunja, Justus Nsio-Mbeta, Tim O'Dempsey, Janusz T. Pawęska, Clarence J. Peters, Peter Piot, Christophe Rapp, Bertrand Renaud, Bruce Ribner, Pardis C. Sabeti, John S. Schieffelin, Werner Slenczka, Moses J. Soka, Armand Sprecher, James Strong, Robert Swanepoel, Timothy M. Uyeki, Michel Van Herp, Pauline Vetter, David A. Wohl, Timo Wolf, Anja Wolz, Alie H. Wurie, Zabulon Yoti

Journal Articles: Epidemiology

The recent large outbreak of Ebola virus disease (EVD) in Western Africa resulted in greatly increased accumulation of human genotypic, phenotypic and clinical data, and improved our understanding of the spectrum of clinical manifestations. As a result, the WHO disease classification of EVD underwent major revision.

The Application Of Title Ii Of The Americans With Disabilities Act To Employment Discrimination: Why The Circuits Have Gotten It Wrong, William Brooks

Touro Law Review

No abstract provided.

Empiricism And Privacy Policies In The Restatement Of Consumer Contract Law, Gregory Klass

Georgetown Law Faculty Publications and Other Works

The Draft Restatement of the Law of Consumer Contracts includes a quantitative study of judicial decisions concerning businesses’ online privacy policies, which it cites in support of a claim that most courts treat privacy policies as contract terms. This Article reports an attempt to reproduce that study’s results. Using the Reporters’ data, this study was unable to reproduce their numerical findings. This study found in the data fewer relevant decisions, and a lower proportion of decisions supporting the Draft Restatement position. It also found little support for the Draft’s claim that there is a clear trend recognizing privacy policies as …

Janet Halley And The Art Of Status Quo Maintenance, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

Over the past few years, Janet Halley emerged as one of the most avid critics of campus rape feminist activists, activists who push for the reformulation of university investigative rules to shift the burden of proof from the accuser to the accused. Halley contends that Title IX policies, embedded with affirmative consent, are not only procedurally unsound, but bad for boys, bad for sex, and bad for feminism, charging its agenda with “radical feminism” influences. Halley’s stance on campus rape is consistent with her long-held “queer theory” and its anti-feminist deregulatory drive. In this article, I argue that Halley’s “queer …

The Corporate Purpose Of Social License, Hillary A. Sale

Georgetown Law Faculty Publications and Other Works

This Article deploys the sociological theory of social license, or the acceptance of a business or organization by the relevant communities and stakeholders, in the context of the board of directors and corporate governance. Corporations are generally treated as “private” actors and thus are regulated by “private” corporate law. This construct allows for considerable latitude. Corporate actors are not, however, solely “private.” They are the beneficiaries of economic and political power, and the decisions they make have impacts that extend well beyond the boundaries of the entities they represent.

Using Wells Fargo and Uber as case studies, this Article explores …

Progressive And Populist Strands In American Constitutionalism, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

Many modern liberals believe that the federal government is captured by a “billionaire party” determined to wield public power for private gain. But many of them also believe in giving the federal government greatly enhanced powers, like administering “Medicare for all.”

There is a history to this contradiction. Modern liberalism is an amalgam of older populist and progressive impulses with deep roots in the country’s past. The populist impulse locates the source of economic oppression in government corruption. The solution to this problem is direct, popular democracy. Progressives tend to locate the source of economic oppression in the malfunction of …

Business And Human Rights As A Galaxy Of Norms, Elise Groulx Diggs, Milton C. Regan, Beatrice Parance

Georgetown Law Faculty Publications and Other Works

In the last several years, there has been an increasing tendency to view the impacts of transnational business operations through the lens of human rights law. A major obstacle to holding companies accountable for the harms that they impose, however, has been the separate legal identity of corporate subsidiaries and of contractors in a company's supply chain. France's recently enacted duty of vigilance statute seeks to overcome this obstacle by imposing a duty on companies to identify potential serious human rights violations by their subsidiaries and by companies with which they have an “established commercial relationship.” Failure to engage in …

Anti-Competition Regulation, Anne Fleming

Georgetown Law Faculty Publications and Other Works

Looking across the long twentieth century, this article tracks the rise and fall of one form of anti-competition regulation: the certificate of public convenience. Designed to curb “destructive competition” in certain industries, such as transportation and banking, certificate laws prevented firms from entering those industries unless they could convince regulators that they would satisfy an unmet public demand for goods or services. This history highlights how lawmakers used similar techniques in governing infrastructure and finance—two fields that are not often studied together. It also shows that state regulation both prefigured legal change at the federal level and then lagged behind …

Factors That Influence Maternal Feeding Decisions For Toddlers: Extending The Theory Of Planned Behavior, Elizabeth Lucas Combs

Theses and Dissertations--Kinesiology and Health Promotion

Establishing healthy eating behaviors is vital in the early years to help combat the development of obesity and other chronic diseases. Mothers play an invaluable role in shaping their children's eating habits through controlling what and when children eat as well as the overall food environment, which is why a better understanding of what influences mothers’ decisions about these behaviors is important.

The purpose of the dissertation was to gain a better understanding of what impacts maternal feeding decisions regarding toddler nutrition behaviors. This was a two-phased mixed methods study. The aim of the initial study was to explore, using …

The Effects Of The Usda Summer Food Service Program On Rural Adolescents’ Nutrition Attitudes, Knowledge, Behavioral Intentions And Nutrition Behaviors, Mary Rachel Harrington

Theses and Dissertations--Kinesiology and Health Promotion

Rural adolescents suffer from poor nutrition, increasing their risk for obesity and other chronic diseases. The Summer Food Service Program (SFSP), an off-shoot of the National School Lunch Program, provides meals to qualifying children, including low-income, rural adolescents, under the age of 18. The purpose of this study was to: 1) examine the impact of the SFSP on the nutrition–related knowledge, self-reported fruit and vegetable (SRFV) consumption, and the constructs of the Theory of Planned Behavior (attitudes, subjective norms, perceived behavioral control, and behavioral intentions) of rural, low-income adolescents; and 2) examine the relationship between nutrition behaviors (quality food selection …

Chronic Low Intensity Continuous And Interval Training Prevent Heart Failure-Related Coronary Artery Stiffness, An Ouyang

Theses and Dissertations--Kinesiology and Health Promotion

Heart failure (HF) induced by aortic pressure over-load is associated with increased coronary artery stiffness. Perivascular adipose tissue (PVAT) and advanced glycation end products (AGE) both promote arterial stiffness. However, the mechanisms by which coronary PVAT promotes arterial stiffness and the efficacy of exercise to prevent coronary stiffness are unknown. The present study hypothesized both chronic continuous and interval exercise training would prevent coronary artery stiffness associated with inhibition of PVAT secreted AGE. Yucatan mininature swine were divided into four groups: control-sedentary (CON), aortic-banded sedentary heart failure (HF), aortic-banded HF continuous exercise trained (HF+CONT), and aortic-banded HF interval exercise trained …

Reflecting On Straight Talk On Trade, Alvaro Santos

Georgetown Law Faculty Publications and Other Works

A question that motivates this essay is: What insights can we offer from legal scholarship that Dani Rodrik could take on board and put to good use?

Rodrik is an economist, but he might as well have been a lawyer in the way he builds his argument and anticipates counterarguments. I mean that as a compliment. As a bonus, he delivers the punch line with humor and grace. In his book I recognized several of the many contributions Rodrik has made: his argument for policy space and revitalization of industrial policy, the globalization trilemma, the idea and process of growth …

Heart Rate Dynamics During And After Simulated Fire Ground Tasks: Effects Of Physical Fitness And Training, Anssi Ilmari Saari

Theses and Dissertations--Kinesiology and Health Promotion

Firefighting is a strenuous occupation that increases the risk of cardiovascular events. Greater levels of physical fitness and training improve firefighters’ occupational performance, but little is known whether they are related to lower physiological stress and recovery from fire ground tasks. Heart rate, heart rate recovery and heart rate variability have been used to evaluate physical stress in association with exercise and fire ground tasks. However, there is a paucity of research evaluating the effects of physical fitness and training on heart rate dynamics during a simulated fire ground test (SFGT). Therefore, the primary purposes of this study were to …

The New Frontier For Labor In Trade Agreements, Alvaro Santos

Georgetown Law Faculty Publications and Other Works

In the spring of 2015, I took my students of international trade law to visit the World Trade Organization (WTO) in Geneva. It was a two-day trip, organized around lectures and discussions with staff from different divisions of the organization, the Advisory Centre of WTO Law and the permanent missions of two countries. None of my students had been there before, and even though I had taught international trade law for several years, it was also my first time visiting the headquarters of the organization. We were excited and curious. The building looked big and majestic. The back side opened …

Circadian Rhythm Phase Shifts Caused By Timed Exercise Vary With Chronotype In Young Adults, J. Matthew Thomas

Theses and Dissertations--Kinesiology and Health Promotion

The circadian system controls 24-hour cycles of behavior and physiology, such as rest-activity and feeding rhythms. The human circadian system synchronizes with, or entrains to, the light/dark cycle (sunrise/sunset) to promote activity and food consumption during the day and rest at night. However, strict work schedules and nighttime light exposure impair proper entrainment of the circadian system, resulting in chronic circadian misalignment. Numerous studies have shown that chronic circadian misalignment results in poor health. Therefore, therapeutic interventions that could shift circadian rhythms and alleviate circadian misalignment could broadly impact public health. Although light is the most salient time cue for …

Examining Attitudes, Perceptions, And Observations Of Tobacco Use And Compliance At A Small Private Liberal Arts College In Kentucky With A Designated Area Tobacco Policy, Michael Dalessio

Theses and Dissertations--Kinesiology and Health Promotion

A multitude of higher education institutions have adopted comprehensive smoke- and tobacco-free policies to minimize tobacco use, increase quit attempts, and reduce exposure to secondhand smoke on campus. However, the majority of campuses across the U.S. still have non-comprehensive policies and/or designated tobacco use areas. Given the limited research in this area, the purpose of this dissertation was to assess the attitudes, perceptions, tobacco use behaviors, and actual observational compliance of students, faculty, and staff on a college campus that possesses a designated area tobacco policy.

This two-phased cross-sectional study included both direct observations and online survey data collection. For …

Longitudinal Descriptive Profile Of Collegiate Pitchers Participating In A Summer Baseball League, Isabelle Leslie Gillis

Theses and Dissertations--Kinesiology and Health Promotion

The purpose of this study was to provide a longitudinal profile of pitching performance in a cohort of pitchers over two collegiate seasons and a summer league. Thus, this study utilized a longitudinal design to evaluate the impact of summer league participation on subsequent collegiate regular season pitching performance. Specifically, the performance of a cohort of Division 1 collegiate baseball pitchers during the 2018 Spring collegiate season, 2018 Summer League season, and the 2019 Spring collegiate season was evaluated and stratified by pitcher designation, arm dominance, and academic status. Analyses of variance were used to identify main and interaction effects …