Digital Commons Network^™

Combating Silence In The Profession, Veronica Root Martinez

Faculty Scholarship

Members of the legal profession have recently taken a public stance against a wave of oppressive policies and practices. From helping immigrants stranded in airports to protesting in the face of white nationalists, lawyers are advocating for equality within and throughout American society each and every day. Yet as these lawyers go out into the world on behalf of others, they do so while their very profession continues to struggle with its own discriminatory past.

For decades, the legal profession purposefully excluded women, religious minorities, and people of color from its ranks, while instilling a select group of individuals with …

The Law And Politics Of Socially Inclusive Trade, Timothy Meyer

Faculty Scholarship

No abstract provided.

Powerful Speakers And Their Listeners, Helen Norton

Publications

In certain settings, law sometimes puts listeners first when their First Amendment interests collide with speakers’. And collide they often do. Sometimes speakers prefer to tell lies when their listeners thirst for the truth. Sometimes listeners hope that speakers will reveal their secrets, while those speakers resist disclosure. And at still other times, speakers seek to address certain listeners when those listeners long to be left alone. When speakers’ and listeners’ First Amendment interests collide, whose interests should prevail? Law sometimes – but not always – puts listeners’ interests first in settings outside of public discourse where those listeners have …

Copyright Arbitrage, Kristelia A. García

Publications

Regulatory arbitrage—defined as the manipulation of regulatory treatment for the purpose of reducing regulatory costs or increasing statutory earnings—is often seen in heavily regulated industries. An increase in the regulatory nature of copyright, coupled with rapid technological advances and evolving consumer preferences, have led to an unprecedented proliferation of regulatory arbitrage in the area of copyright law. This Article offers a new scholarly account of the phenomenon herein referred to as “copyright arbitrage.”

In some cases, copyright arbitrage may work to expose and/or correct for an extant gap or inefficiency in the regulatory regime. In other cases, copyright arbitrage may …

Pregnancy And The First Amendment, Helen Norton

Publications

Suppose that you are pregnant and seated in the waiting room of a Planned Parenthood clinic, or maybe in a facility that advertises “Pregnant? We Can Help You.” This Essay discusses the First Amendment rules that apply to the government’s control of what you are about to hear.

If the government funds your clinic’s program, the U.S. Supreme Court has held that it does not violate the First Amendment’s Free Speech Clause when it forbids your health-care provider from offering you information about available abortion services. Nor does the government violate the Free Speech Clause, the Court has held, when …

Negotiating The Lender Of Last Resort: The 1913 Federal Reserve Act As A Debate Over Credit Distribution, Nadav Orian Peer

Publications

“Lending of last resort” is one of the key powers of central banks. As a lender of last resort, the Federal Reserve (the “Fed”) famously supports commercial banks facing distressed liquidity conditions, thereby mitigating destabilizing bank runs. Less famously, lender-of-last-resort powers also influence the distribution of credit among different groups in society and therefore have high stakes for economic inequality. The Fed’s role as a lender of last resort witnessed an unprecedented expansion during the 2007–2009 Crisis when the Fed invoked emergency powers to lend to a new set of borrowers known as “shadow banks”. The decision proved controversial and …

The Right To Explanation, Explained, Margot E. Kaminski

Publications

Many have called for algorithmic accountability: laws governing decision-making by complex algorithms, or AI. The EU’s General Data Protection Regulation (GDPR) now establishes exactly this. The recent debate over the right to explanation (a right to information about individual decisions made by algorithms) has obscured the significant algorithmic accountability regime established by the GDPR. The GDPR’s provisions on algorithmic accountability, which include a right to explanation, have the potential to be broader, stronger, and deeper than the preceding requirements of the Data Protection Directive. This Essay clarifies, largely for a U.S. audience, what the GDPR actually requires, incorporating recently released …

Rethinking Public Land Use Planning, Mark Squillace

Publications

The public land use planning process is broken. The land use plans of the principal multiple-use agencies—the United States Forest Service and the Bureau of Land Management (“BLM”)—are unnecessarily complex, take too long to complete, monopolize the time and resources of public land management agency staffs, and fail to engage the general public in any meaningful way. Moreover, the end result is too often a plan that is not sufficiently nimble to respond to changing conditions on the ground, a problem that appears to be accelerating due to climate change.

It might seem easy to chalk up these problems to …

Human Rights Racism, Anna Spain Bradley

Publications

International human rights law seeks to eliminate racial discrimination in the world through treaties that bind and norms that transform. Yet law’s impact on eradicating racism has not matched its intent. Racism, in all of its forms, remains a massive cause of discrimination, indignity, and lack of equality for millions of people in the world today. This Article investigates why. Applying a critical race theory analysis of the legal history and doctrinal development of race and racism in international law, Professor Spain Bradley identifies law’s historical preference for framing legal protections around the concept of racial discrimination. She further exposes …

Mandatory Disclosure In Primary Markets, Andrew A. Schwartz

Publications

Mandatory disclosure—the idea that companies must be legally required to disclose certain, specified information to public investors—is the first principle of modern securities law. Despite the high costs it imposes, mandatory disclosure has been well defended by legal scholars on two theoretical grounds: ‘Agency costs’ and ‘information underproduction.’ While these two concepts are a good fit for secondary markets (where investors trade securities with one another), this Article shows that they are largely irrelevant in the context of primary markets (where companies offer securities directly to investors). The surprising result is that primary offerings—such as an IPO—may not require mandatory …

The Statutory Separation Of Powers, Sharon B. Jacobs

Publications

Separation of powers forms the backbone of our constitutional democracy. But it also operates as an underappreciated structural principle in subconstitutional domains. This Article argues that Congress constructs statutory schemes of separation, checks, and balances through its delegations to administrative agencies. Like its constitutional counterpart, the “statutory separation of powers” seeks to prevent the dominance of factions and ensure policy stability. But separating and balancing statutory authority is a delicate business: the optimal balance is difficult to calibrate ex ante, the balance is unstable, and there are risks that executive agencies in particular might seek expansion of their authority vis-à-vis …

A Constitution For The Age Of Demagogues: Using The Twenty-Fifth Amendment To Remove An Unfit President, Paul F. Campos

Publications

This Article argues that, properly understood, the 25th Amendment is designed to allow the executive and legislative branches, working together, to remove a president from office when it becomes evident that the person elevated to that office by the electoral process is manifestly unsuited for what can, without exaggeration, be described as the most important job in the world.

It argues further that the first two years of Donald Trump’s presidency have provided a great deal of evidence for the proposition that President Trump has in fact demonstrated the requisite level of fundamental unfitness for the office that would justify …

A Reconsideration Of Copyright's Term, Kristelia A. García, Justin Mccrary

Publications

For well over a century, legislators, courts, lawyers, and scholars have spent significant time and energy debating the optimal duration of copyright protection. While there is general consensus that copyright’s term is of legal and economic significance, arguments both for and against a lengthy term are often impressionistic. Utilizing music industry sales data not previously available for academic analysis, this Article fills an important evidentiary gap in the literature. Using recorded music as a case study, we determine that most copyrighted music earns the majority of its lifetime revenue in the first five to ten years following its initial release …

Binary Governance: Lessons From The Gdpr’S Approach To Algorithmic Accountability, Margot E. Kaminski

Publications

Algorithms are now used to make significant decisions about individuals, from credit determinations to hiring and firing. But they are largely unregulated under U.S. law. A quickly growing literature has split on how to address algorithmic decision-making, with individual rights and accountability to nonexpert stakeholders and to the public at the crux of the debate. In this Article, I make the case for why both individual rights and public- and stakeholder-facing accountability are not just goods in and of themselves but crucial components of effective governance. Only individual rights can fully address dignitary and justificatory concerns behind calls for regulating …

Catalog Denison University 2019-2020

Denison University Catalogs

No abstract provided.

Enhancing The Productivity, Competitiveness And Independence Of Productive Cooperatives In Egypt / تحسين الانتاجية والتنافسية والاستقلالية للتعاونيات الإنتاجية بمصر, Yomna Mohamed Gamil Esmat

Papers, Posters, and Presentations

This paper sheds light on the conceptual framework of productive cooperatives, identifies the distinctive characteristics of this type of enterprises and examines the economic and social relative importance of the sector. Based on the importance of the cooperatives sector at the international level, and because of the many local efforts in Egypt that are aimed at promoting cooperatives at large, this paper identifies areas which need to be attended to by suitable legesilative and policy support and also examines selected international experiences, in order to draw lessons learned that can positively reflect on the situation in Egypt.

Long-Term Effects Of Teacher Training And Other Intervening Factors On Teaching Styles Of Foreign-Language Instructors, Hamid Mohammed-Ahmed

Doctoral Dissertations

This study investigated the long-term effects of a learner-centered-oriented-teacher training on teaching styles of foreign-language instructors at a multilanguage institute to assess the relationship between the training and the teaching practice. A mixed-method design was employed, and the data were collected from 165 participants who took the Principles of Adult Learning Style (Conti, 1978, 2004) and who provided their written reflections on the training, in addition to follow-up interviews with 12 language instructors. Results of one-sample t tests showed statistically significant differences between the teaching styles of language instructors at the institute and the general population of adult educators indicating …

Re-Examining The Admissibility Of Victim Impact Statements In Capital Cases, Cauley Simmons

Case Western Reserve Law Review

No abstract provided.

Framework Of Affordances For Virtual Reality And Augmented Reality, Jacob H. Steffen, James E. Gaskin, Thomas O. Meservy, Jeffrey L. Jenkins, Iopa Wolman

Faculty Publications

Virtual reality (VR) and augmented reality (AR) technologies continue to grow and present possibilities to change the ways we learn, accomplish tasks, and interact with the world. However, widespread adoption has continually languished below purported potential. We suggest that a more complete understanding of the underlying motives driving users to take advantage of VR and AR would aid researchers by consolidating fragmented knowledge across domains and by identifying paths for additional inquiry. Additionally, practitioners could identify areas of unmet motives for using VR and AR. To examine the motives for virtualization, we draw upon Gibson’s seminal work on affordances to …

Review Of Exiled In Modernity: Delacroix, Civilization, And Barbarity By David O’Brien, Heather Belnap

Faculty Publications

Hailed as both one of the last of the Old Masters (“je suis un pur classique”) and as the quintessential Romantic rebel (“the Victor Hugo of painting”), Eugène Delacroix stands as a towering but liminal figure in the history of art. In Exiled in Modernity: Delacroix, Civilization, and Barbarism, David O’Brien explores how Delacroix’s later artistic period is deeply engaged with pressing issues of the age, including the development of civilization, the processes of modernity, the conceptualization of the Other, the place of nature, and so on. While acknowledging the place for political interpretations of Delacroix’s work, the author is …

Reducing The Impact Of Geographic Dispersion On The Practice Of Servant-Leadership: The Role Of Technology In Leading From Afar, Kevin J. Hurt, Daniel K. Kurber, Alexander M. Stodola

International Journal of Servant-Leadership

Hermann Hesse’s (1956) novel, The Journey to the East, serves as Greenleaf’s (1970) inspiration for the concept of servant-leadership. In Hesse’s novel, he describes the adventures of the League, a secretive group of both real life and fictional characters. A small element of the League departs from Europe on an eastward pilgrimage. While the other travelers are focused on their own reasons for embarking on this trek, Leo, introduced as the group’s servant, happily embraces his role of carrying luggage, serving the travelers, performing menial tasks, and keeping the organization on track. Suddenly and without warning, Leo disappears from the …

Old Testament Survey, Steelman Library

Syllabus Repository

No abstract provided.

Flexible Liminality Among The Tibetan Diaspora: Tibetan Exiles Adjusting Cultural Practices In Dharamsala, India And The United States, Sneha Thapa

Theses and Dissertations--Anthropology

In this dissertation, I investigate the characteristics and quality of liminality among the Tibetan exile community in Dharamsala, India, and the United States. I argue that the quality of their liminality defines this exile community’s ability to maneuver and voice their influence to geo-political community of states that surround them, all while within their liminal condition. The Tibetan exile people live as stateless foreigners in India but have a better standard of living and better opportunities to acquire transnational resources than their surrounding host community. In the U.S., Tibetan diaspora people live as asylum-seekers and naturalized Tibetan-Americans but have established …

Consuming Appalachia: An Archaeology Of Company Coal Towns, Zada Komara

Theses and Dissertations--Anthropology

Material culture is an understudied aspect of social life in Appalachian Studies, the multi- disciplinary investigation of social life in the Appalachian region. Historically, material culture in the region has been largely studied for its semiotic properties, decoded as a tangible symbol of “a region apart,” lagging behind the rest of America in terms of moral, mental, economic, and social development. Critical material studies from archaeology and other disciplines paint a different picture, however, and construct a region as American as any other. This study utilizes discourse analysis of material rhetoric about Appalachia and archaeological and oral historical data from …

The Wages Of Precarious Work: An Ethnography Of Upstate South Carolina’S Reserve Army Of The Laboring, Henry Bundy

Theses and Dissertations--Anthropology

The proliferation of precarious work represents a sea change in the opportunity structure of the new economies of the American South. As the role of the State has shifted from guarantor of rights and services to anxious custodian of economic liberalization, Americans have been enjoined to shoulder ever-larger shares of the responsibilities and risks associated with wage labor. As a result, the working poor have been left to weather the vicissitudes of the unfettered market with the increasingly paltry social membership guaranteed through waged employment. Among the risks now frequently assumed by individuals, are the responsibilities of health.

In the …

Making Experts: An Ethnographic Study Of “Makers” In Fablabs In Japan, Vaughn M. Krebs

Theses and Dissertations--Anthropology

“Makers” around the world cohere in a digital and physical network of technology hobbyists. “Makers" are open-source hardware enthusiasts who use machines like 3D printers and laser cutters - manufacturing tools that have only recently become accessible to laypeople - to make things. “Makers" share a vision for a world where everyone would be able to make almost anything, supplanting top-down economic systems and channels of production. This ethnographic research examines a subset of the “maker” community: “makers” in “FabLabs” in Japan. These “FabLabs” are small workshops that house the machines that “makers” need and make them open to the …

Rapid Identification Of Phospholipase A2 Transcripts From Snake Venoms, Ying Jia, Pablo Olvera, Frida Rangel, Bianca Mendez, Samir Reddy

School of Integrative Biological & Chemical Sciences (Formerly Dept. of Biology)

Phospholipase A₂ (PLA₂) is a major component in snake venoms and it is found in many different isoforms. To identify transcripts encoding different PLA₂ isoforms, we developed a simple, rapid procedure. Total RNA was extracted from the venoms of three cottonmouth snakes and two diamondback rattlesnakes, and further reverse-transcribed into complementary DNA (cDNA). Using one pair of cottonmouth PLA₂-specific primers and Reverse Transcription Polymerase Chain Reaction (RT-PCR) technique, we identified 27 unique full-length PLA₂ transcripts, including nine sequences identical to the previously documented ones in the database and one novel GIII-like PLA_{2 …}

Trading Regularity And Fund Performance, Jeffrey Busse, Lin Tong, Qing Tong, Zhe Zhang

Research Collection Lee Kong Chian School Of Business

We construct a new measure of trading regularity, capturing the extent to which investors trade on a regular basis. Institutional investors that regularly trade outperform those that trade less regularly. The performance of funds that regularly trade persists for at least a year. Among those who trade most regularly, larger funds perform relatively worse, because they incur higher transaction costs associated with their larger trades. Institutions that regularly trade generate superior performance, in part, by behaving as contrarians and by trading more aggressively on information. By contrast, we find no relation between trading regularity and performance among index funds.

Hemen Mazumdar: The Last Romantic, Caterina Corni, Nirmalya Kumar

Research Collection Lee Kong Chian School Of Business

Hemendranath Mazumdar, popularly referred to as Hemen Mazumdar, was born 1894 in Gachihata village of Mymensingh district, which is currently part of Bangladesh. Coming from a relatively wealthy landowning family, at the age of sixteen, Hemen dropped out of school and ran away to Calcutta to pursue his passion for painting. He enrolled at the Government College of Art in 1911, but left in 1912 for another institution, Jubilee Art Academy. By 1915, he left Jubilee Art Academy to start earning his living through portrait painting. Abanindranath Tagore’s coterie had banished any artist following the western academic approach. In response, …

Ecological Rationality: Fast-And-Frugal Heuristics For Managerial Decision Making Under Uncertainty, Shenghua Luan, Jochen Reb, Gerd Gigerenzer

Research Collection Lee Kong Chian School Of Business

Heuristics are often viewed as inferior to “rational” strategies that exhaustively search and process information. Introducing the theoretical perspective of ecological rationality, we challenge this view and argue that under conditions of uncertainty common to managerial decision making, managers can actually make better decisions using fast-and-frugal heuristics. Within the context of personnel selection, we show that a heuristic called Δ-inference can more accurately predict which of two job applicants would perform better in the future than logistic regression, a prototypical rational strategy. Using data from 236 applicants at an airline company, we demonstrate in Study 1 that despite searching less …