Digital Commons Network^™

Progressive Property Theory And Housing Justice Campaigns, Brandon Weiss

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Reimagining Prosecution: In Search Of The True Progressive, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

Prosecutors are the most powerful officials in the criminal justice system. At least ninety percent of all criminal cases are prosecuted on the state level, and in all but five jurisdictions, the chief prosecutor (also known as the district attorney) is an elected official. Most district attorneys run unopposed and serve for decades. However, in recent years, a number of incumbent district attorneys have been challenged and defeated by individuals who pledged to use their power and discretion to reduce the incarceration rate and eliminate unwarranted racial disparities in the criminal justice system. These so-called “progressive prosecutors” have enjoyed some …

Blind Spot: The Attention Economy And The Law, Tim Wu

Faculty Scholarship

Human attention, valuable and limited in supply, is a resource. It has become commonplace, especially in the media and technology industries, to speak of an "attention economy" and of competition in "attention markets.” There is even an attentional currency, the "basic attention token," which purports to serve as a medium of exchange for user attention. Firms like Facebook and Google, which have emerged as two of the most important firms in the global economy, depend nearly exclusively on attention markets as a business model.

Yet despite the well-recognized commercial importance of attention markets, antitrust and consumer protection authorities have struggled …

The Bridwell Quarterly. Issue 6, Winter 2020, Michelle Ried

Bridwell Library Publications

No abstract provided.

Greening The Wto: Ega, Tariff Concessions And Policy Likeness, Petros C. Mavroidis, Damien J. Neven

Faculty Scholarship

This paper considers the APEC and EGA agreements which grant tariff concession through HS classifications beyond the six digit level ("ex outs") in favour of "green" goods and discuss how these initiatives fit into the WTO legal regime. Even if the practical significance of the APEC agreement should not be overestimated as it involves modest tariff concessions over a subset of goods which are not heavily traded, these agreements involve a paradigm shift to the extent that they use tariffs concessions negotiated on a plurilateral basis as a policy instrument to meet public policy concern, instead of making market access …

Why Do Auditors Fail? What Might Work? What Won't?, John C. Coffee Jr.

Faculty Scholarship

Auditing failures and scandals have become commonplace. In response, reformers (including the Kingman Review in the U.K. and a recent report of the U.K.’s Competition and Market Authority) have proposed a variety of remedies, including prophylactic bans on auditors providing consulting services to their clients in the belief that this will minimize the conflicts of interest that produce auditing failures. Although useful, such reforms are already in place to a considerable degree and may have reached the point of diminishing returns. Moreover, this strategy does not address the deeper problem that clients (or their managements) may not want aggressive auditing, …

Board 3.0: An Introduction, Ronald J. Gilson, Jeffrey N. Gordon

Faculty Scholarship

This essay sketches out the case for a new model for public company boards: Board 3.0. The now-dominant public board model is an organizational experiment begun approximately 40 years ago, which replaced a prior organizational form that had fallen short. The current model, the “monitoring board,” is dominated by part-time independent directors who are dependent on company management for information and are otherwise heavily influenced by stock market prices as the measure of managerial performance. We have seen a recurrent pattern of monitoring boards composed of talented people that fail to effectively monitor. Nevertheless, when companies fall short in business …

Judges And Judgment: In Praise Of Instigators, Kathryn Judge

Faculty Scholarship

This Essay is about mutual funds. Because of that, it may put many to sleep long before we get to the heart of the matter. I encourage you right now to stay awake, or at least keep one eye propped open. For embedded in this story about mutual funds, rent seeking, the challenge of separating the good and the bad, and the even greater challenge of respecting autonomy in an environment where so many choices seem to be bad ones, is the story of a judge. That judge is the Honorable Richard A. Posner, aka RAP, Dick, Professor Posner, the …

The Data Standardization Challenge, Kathryn Judge, Richard Berner

Faculty Scholarship

Data standardization offers significant benefits for industry and regulators alike, suggesting that it should be easy. In practice, however, the process has been difficult and slow moving. Moving from an abstract incentive-based analysis to one focused on institutional detail reveals myriad frictions favoring the status quo despite foregone gains. This paper explores the benefits of and challenges confronting standardization, why it should be a top regulatory priority, and how to overcome some of the obstacles to implementation.

The paper also uses data standardization as a lens into the challenges that impede optimal financial regulation. Alongside capture and other common explanations …

Guarantor Of Last Resort, Kathryn Judge

Faculty Scholarship

The optimal response to a financial crisis entails addressing two, often conflicting, demands: stopping the panic and starting the clock. When short-term depositors flee, banks can be forced to sell assets at fire-sale prices, causing credit to contract and real economic activity to decline. To reduce these adverse spillover effects, policymakers routinely intervene to stop systemic runs. All too often, however, policymakers deploy stopgap measures that allow the underlying problems to fester. To promote long-term economic health, they must also ferret out the underlying problems and allocate the losses that cannot be avoided. A well-designed guarantor of last resort can …

Reforming Institutions: The Judicial Function In Bankruptcy And Public Law Litigation, Kathleen G. Noonan, Jonathan C. Lipson, William H. Simon

Faculty Scholarship

Public law litigation (PLL) is among the most important and controversial types of dispute that courts face. These civil class actions seek to reform public agencies such as police departments, prison systems, and child welfare agencies that have failed to meet basic statutory or constitutional obligations. They are controversial because critics assume that judicial intervention is categorically undemocratic or beyond judicial expertise.

This Article reveals flaws in these criticisms by comparing the judicial function in PLL to that in corporate bankruptcy, where the value and legitimacy of judicial intervention are better understood and more accepted. Our comparison shows that judicial …

Separation Of Powers In Comparative Perspective: How Much Protection For The Rule Of Law?, Peter L. Strauss

Faculty Scholarship

This chapter discusses the separation of powers. The point about traditions, or shared social norms, is a central one for this chapter. At a time of growing pessimism about the fate of democracy worldwide, adherence to norms of political behaviour may have an importance transcending formal provisions for the allocation of governmental power. As such, this chapter first presents a brief account of ‘separation of powers’ under American presidentialism; then the contrasting system of Westminster parliamentarianism; third, the increasingly prevalent mixed regimes, often semi-presidential, that can be described as ‘constrained parliamentarism’; and, finally, international institutions. As the chapter shows, in …

Eroding "Checks" On Presidential Authority – Norms, The Civil Service, And The Courts, Peter L. Strauss

Faculty Scholarship

Susan Rose-Ackerman's "Executive Rulemaking and Democratic Legitimacy: 'Reform' in the United States and the United Kingdom's Route to Brexit" insightfully illuminates important differences between parliamentary and presidential systems of government in relation to executive bodies' production of the large volume of secondary legislation common, indeed inevitable, for both. Agreeing heartily with her conclusion that the weakness of parliamentary engagement with secondary legislation, and limited judicial review of its production, counsels greater provision for public participation and transparency of action at the agency level, there is little for me to add. Aware, too, as she remarks, that others have dealt more …

Death By Stereotype: Race, Ethnicity, And California’S Failure To Implement Furman’S Narrowing Requirement, Catherine M. Grosso, Jeffrey A. Fagan, Michael Laurence, David C. Baldus, George W. Woodworth, Richard Newell

Faculty Scholarship

This Article examines the possible racial and ethnic implications of California’s expansive death penalty statute in light of the Eighth Amendment’s requirement that each state statute narrow the subclass of offenders on whom a death sentence may be imposed. The narrowing requirement derives from the holding in Furman v. Georgia over forty-five years ago, when the U.S. Supreme Court ruled that existing death penalty statutes violated the Eighth Amendment’s prohibition against cruel and unusual punishments. Citing statistics demonstrating arbitrary and capricious application of capital punishment, a majority of the Justices concluded that a death sentencing scheme is unconstitutional if it …

The End Of Intuition-Based High-Crime Areas, Ben Grunwald, Jeffrey A. Fagan

Faculty Scholarship

In 2000, the Supreme Court held in Illinois v. Wardlow that a suspect’s presence in a “high-crime area” is relevant in determining whether an officer has reasonable suspicion to conduct an investigative stop. Despite the importance of the decision, the Court provided no guidance about what that standard means, and over fifteen years later, we still have no idea how police officers understand and apply it in practice. This Article conducts the first empirical analysis of Wardlow by examining data on over two million investigative stops conducted by the New York Police Department from 2007 to 2012.

Our results suggest …

Overcoming Impediments To Offshore Co2 Storage: Legal Issues In The U.S. And Canada, Romany M. Webb, Michael B. Gerrard

Faculty Scholarship

Limiting future temperature increases and associated climate change requires immediate action to prevent additional carbon dioxide being released into the atmosphere and to lower the existing atmospheric carbon dioxide load. This could be advanced through carbon capture and storage (CCS), which involves collecting carbon dioxide that would otherwise be released by power plants or similar facilities and injecting it into underground geologic formations, where it will remain permanently sequestered. The techniques developed for CCS can also be used to sequester carbon dioxide that has been removed from the atmosphere using direct air capture or other negative emission technologies. Past CCS …

Embedding Content Or Interring Copyright: Does The Internet Need The "Server Rule"?, Jane C. Ginsburg, Luke Ali Budiardjo

Faculty Scholarship

The “server rule” holds that online displays or performances of copyrighted content accomplished through “in-line” or “framing” hyperlinks do not trigger the exclusive rights of public display or performance unless the linker also possesses a copy of the underlying work. As a result, the rule shields a vast array of online activities from claims of direct copyright infringement, effectively exempting those activities from the reach of the Copyright Act. While the server rule has enjoyed relatively consistent adherence since its adoption in 2007, some courts have recently suggested a departure from that precedent, noting the doctrinal and statutory inconsistencies underlying …

Authors And Machines, Jane C. Ginsburg, Luke Ali Budiardjo

Faculty Scholarship

Machines, by providing the means of mass production of works of authorship, engendered copyright law. Throughout history, the emergence of new technologies tested the concept of authorship, and courts in response endeavored to clarify copyright’s foundational principles. Today, developments in computer science have created a new form of machine, the “artificially intelligent” (AI) system apparently endowed with “computational creativity.” AI systems introduce challenging variations on the perennial question of what makes one an “author” in copyright law: Is the creator of a generative program automatically the author of the works her process begets, even if she cannot anticipate the contents …

Preliminary Contributions Toward A Revision Of Greek Messor Forel,1890 (Hymenoptera: Formicidae), Sebastian Salata, Lech Borowiec

Turkish Journal of Zoology

Based on recently collected material and study on type specimens Messor carpathous Menozzi, 1936 n. stat. and Messor concolor Santschi, 1927 n. stat. are raised to species rank and redescribed. Messor creticus sp. nov. is described as a new endemic species to Crete. Revised data for members of the Messor structor complexes are given and updated checklist of Greek Messor taxa is provided.

New Location, Food Composition, And Parasitic Fauna Of The Invasive Fishpseudorasbora Parva (Temminck & Schlegel, 1846) (Cyprinidae) In Poland, Przemyslaw Czerniejewski, Agnieszka Rybczyk, Angelika Linowska, Ewa Sobecka

Turkish Journal of Zoology

Stone moroko (Pseudorasbora parva) is considered to be one of the most invasive fishes, dispersing rapidly all over Europe and also in the freshwaters of the Baltic Sea basin. A recent survey carried out in the catchment of the lower part of the Odra River (Poland) in 2015 and 2016 revealed a large new population of stone moroko, which had colonized the creek Wardynka. The sample of 518 fish caught was dominated by age groups 1+ (341 specimens) and 2+ (99 specimens); however, older fish were also present, which means that at the moment of analysis the species had been …

Pseudamnicola Sumbasensis Sp. Nov., A New Species From Turkey(Gastropoda: Truncatelloidea: Hydrobiidae), Mustafa Emre Gürlek

Turkish Journal of Zoology

New species Pseudamnicola sumbasensis sp. nov. is described from Osmaniye Province of Turkey. Material was collected in 2017 and compared with other Pseudamnicola spp. recorded in Turkey.

Respect The Hustle: Necessity Entrepreneurship, Returning Citizens, And Social Enterprise Strategies, Priya Baskaran

Scholarly Articles in Law Reviews & Journals

This Article addresses a pervasive and growing problem for returning citizens – high rates of economic insecurity – and as a novel solution, proposes the creation of Economic Justice Incubators a new municipally led social enterprise strategy.

Mass incarceration is a national problem and requires comprehensive criminal justice reform. In contrast, the process of reentry is locally focused thanks to a complex web of collateral consequences. An estimated 641,000 people return home from prison each year, many to a limited number of economically distressed communities. Once released, their mobility is limited by the terms of their parole and the collateral …

Anthrenus (Anthrenodes) Himalayensis Sp. Nov. From Western Himalayas, India (Coleoptera: Dermestidae: Megatominae), Ji̇ri̇ Hava, Aijaz Ahmad Wachkoo, Amir Maqbool

Turkish Journal of Zoology

Anthrenus (Anthrenodes) himalayensis sp. nov., a new dermestid species from Kashmir Himalayas, India is described, illustrated, and compared with similar species. The new species is closest to A. occultus Háva, 2006 and A. katrinkrauseae Háva, 2018 but differs by the structure of antennae, male genitalia, and scale pattern.

Cover And Contents

Turkish Journal of Zoology

No abstract provided.

Atrocity Prevention In The New Media Landscape, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

Journalists have traditionally played a crucial role in building public pressure on government officials to uphold their legal obligations under the 1948 UN Convention on the Prevention and Punishment of Genocide. But over the past twenty years there has been radical change in the media landscape: foreign bureaus have been shuttered, young freelance journalists have taken over some of the work traditionally done by experienced foreign correspondents, and, more recently, the advent of social media has enabled people in conflict-affected areas to tell their own stories to the world. This essay assesses the impact of these changes on atrocity prevention …

A New Species Of The Genus Echinolaophonte Nicholls, 1941 (Copepoda, Harpacticoida, Laophontidae) From The Aegean Sea Coast Of Turkey, Seher Kuru, Serdar Sönmez, Suphan Karaytuğ

Turkish Journal of Zoology

During the ongoing partial taxonomic revision of the genus Echinolaophonte on the basis of populations previously collected from various shores of the Turkish coasts, a new species of Echinolaophonte was discovered and named Echinolaophonte mordoganensis sp. nov. The new species is morphologically most closely related to E. minuta and E. veniliae. The new species can easily be distinguished from its congeners by the combination of the following features: i) the shape of the rostrum, ii) having 2 ornamented setae instead of 1 on the syncoxa of the maxilliped, and iii) pattern difference in the P1?P4 setal formula in both male …

New Species And New Records Of Aphelinus Dalman (Hymenoptera: Chalcidoidea: Aphelinidae) From Lagodekhi Reserve (Sakartvelo - Georgia), With Diversity And Distribution Along An Elevational Gradient, George Japoshvili, Levan Mumladze

Turkish Journal of Zoology

The aim of the present study was to investigate species diversity and distribution of Aphelinus species in an elevational gradient in the Lagodekhi Reserve (Sakartvelo - Georgia) throughout a growing season. Two species of Aphelinus Dalman, 1820 (Hymenoptera: Aphelinidae), A. humilis Mercet and A. thomsoni Graham, are recorded for the first time from Georgia and the Caucasus and two species (A. lagodekhiensis sp. nov. and A. sugonjaevi sp. nov.) are described as new to science. To facilitate species identification we have developed a key to the females of all 24 species of Aphelinus currently known from the Middle East and …

Histological And Histochemical Study On The Mesonephric Kidney Of Pelophylax Bedriagae (Anura: Ranidae), Esra Akat

Turkish Journal of Zoology

The purpose of this study was to determine the histological structure of the kidney of Pelophylax bedriagae and the distribution of hyaluronic acid (HA) in the kidney tissue. The kidneys of P. bedriagae are long, brown, ribbon-like structures covered with connective tissue. Nephrons, the functional units of the kidney, consist of the renal corpuscle, proximal and distal tubules, collecting tubule, and collecting duct. The renal corpuscle is composed of the glomerulus and Bowman?s capsule. There is no structure similar to Henle?s loop, which is found in higher vertebrates. The visceral layer of Bowman?s capsule is composed of podocytes surrounding the …

A New Erigonine Genus From The Nepal Himalayas (Araneae, Linyphiidae), Andrei V. Tanasevitch

Turkish Journal of Zoology

A new genus, Parbatthorax gen. nov., with P. unicornis sp. nov. as type species, is described from the Nepal Himalayas. The genus is characterized by the highly modified palpal tibia and the paracymbium, as well as by the peculiar structure of the embolic division, which contains a convector.

A New Species Of Parasteatoda Archer, 1946 (Araneae, Theridiidae) From Wuling Mountain, China, Sufang Yang, Muhammad Irfan, Xianjin Peng

Turkish Journal of Zoology

Parasteatoda aequipeiformis sp. nov. (male and female) is described from Wuling Mountain, China. Distribution data, detailed morphological characteristics, and illustrations of body and genital organs are presented.