Digital Commons Network^™

What Is Privacy? That’S The Wrong Question, Woodrow Hartzog

Faculty Scholarship

Privacy has never had a precise meaning. But in the early 1900s, the concept took on new life as a term of art in legal frameworks. The result has been a bit of a mess, as no singular definition has been adequate for all purposes. Daniel Solove, perhaps the most influential privacy scholar of our day, wrote at the turn of the millennium that privacy was “a concept in disarray.”

In this short essay reflecting upon Solove’s impact on the modern study of information privacy, I argue that the chaos and futility of competing conceptualizations of privacy is why Solove’s …

The Criminalization Of Foreign Relations, Steven Arrigg Koh

Faculty Scholarship

Overcriminalization has rightly generated national condemnation among policymakers, scholars, and practitioners alike. And yet, such scholarship often assumes that the encroachment of criminal justice stops at our borders. This Article argues that our foreign relations are also at risk of overcriminalization due to overzealous prosecution, overreaching legislation, and presidential politicization—and that this may be particularly problematic when U.S. criminal justice supplants certain nonpenal U.S. foreign policies abroad. This Article proposes three key reforms— presidential distancing, prosecutorial integration, and legislative de-escalation—to assure a principled place for criminal justice in foreign relations.

A Cross-Cutting Public Law Scholar For The Ages, Nicole Huberfeld

Faculty Scholarship

Thanks to Fred Shapiro’s labor, we can see that the under-fifty category of most-cited legal scholars better represents the lawyering population than the all-time rankings of legal scholars, as it has more modern and diverse scholarship, and it has a higher percentage of women than the all-time rankings of legal scholars. Anyone who knows Professor Abbe Gluck’s work cannot be surprised that she is included among the most-cited scholars under the age of fifty. ¹ Abbe is a force of nature, a brilliant legal mind with a diabolical work ethic. Even if she ceased publishing today, her scholarly legacy would …

Deep Tracks: Album Cuts That Help Define The Essential Scalia, Gary S. Lawson

Faculty Scholarship

Jeff Sutton and Ed Whelan have collected some of Justice Scalia’s “greatest hits” in a volume entitled The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. The book is an excellent introduction to the jurisprudential thought and literary style of one of the most influential legal thinkers—and legal writers—in modern times. As with any “greatest hits” compilation, however, there are inevitably going to be key “album cuts” for which there will not be space. This essay seeks to supplement Sutton and Whelan’s invaluable efforts by surveying three of those “deep tracks” that shed particular light on …

The Color Line: A Review And Reflection For Antiracist Scholars, Jasmine Gonzales Rose

Faculty Scholarship

In The Color Line: A Short Introduction, David Lyons provides a valuable service to students and academics in law, social sciences, and humanities by providing a concise history of the development and maintenance of race and racial order through law, policy, and discrimination in the United States. Lyons effectively outlines how race and racism were developed through these mechanisms in an effort to facilitate and maintain white supremacy.

Intellectual Property And Ethnography: A Qualitative Research Approach, Jessica Silbey

Faculty Scholarship

This chapter describes the processes of and justifications for qualitative empirical research in intellectual property (IP) as compared to other research methods, such as quantitative empirical approaches and theoretical economic analyses of law. It provides examples of these research methods, explains the reasons for pursuing a qualitative approach, and details a qualitative research agenda in the context of intellectual property law, as well as a step-by-step method of data collection and data analysis.

The Transparency Of Quantitative Empirical Legal Research (2018–2020), Jason Chin, Kathryn Zeiler, Natali Dilevski, Alexander Holcombe, Rosemary Gatfield- Jeffries, Ruby Bishop, Simine Vazire, Sarah Schiavone

Faculty Scholarship

Scientists are increasingly concerned with making their work easy to verify and build upon. Associated practices include sharing data, materials, and analytic scripts, and preregistering protocols. This has been referred to as a “credibility revolution”. The credibility of empirical legal research has been questioned in the past due to its distinctive peer review system and because the legal background of its researchers means that many often are not trained in study design or statistics. Still, there has been no systematic study of transparency and credibilityrelated characteristics of published empirical legal research. To fill this gap and provide an estimate of …

The Future Of Facts: The Politics Of Public Health And Medicine In Abortion Law, Aziza Ahmed

Faculty Scholarship

While a great deal of public scrutiny has focused on how information circulates through online outlets including Twitter and Facebook, less attention has been devoted to how more traditional institutions traffic in factual assertions for the sake of setting a particular distributional agenda into motion.[1] Of these more traditional institutions, courts play a central role in legitimating legal and factual claims in the process of applying and clarifying legal rules. In public health-related adjudication, courts play at least two important roles: first, judges and juries make decisions between competing sets of public health and medical claims and second, courts …

A Proper Burial, Robert L. Tsai

Faculty Scholarship

This is an invited response to Professor Mark Killenbeck's article, "Sober Second Thoughts? Korematsu Reconsidered." In his contrarian piece, Killenbeck argues that Korematsu was defensible, albeit on narrow grounds: it advanced the development of strict scrutiny. He goes on to argue that comparisons between the internment case and the Supreme Court's Muslim travel ban case are overwrought and that the latter case, too, is defensible. I'm not convinced. First, to say that a ruling is defensible is not saying much; far better for critiques to be tethered to sterner standards. Second, after all these years, Korematsu remains a poorly reasoned …

Executive Pay Clawbacks And Their Taxation, David I. Walker

Faculty Scholarship

Executive pay clawback provisions require executives to repay previously received compensation under certain circumstances, such as a downward adjustment to the financial results upon which their incentive pay was predicated. The use of these provisions is on the rise, and the SEC is expected to soon finalize rules implementing a mandatory, no-fault clawback requirement enacted as part of the Dodd-Frank legislation. The tax issue raised by clawbacks is this: should executives be allowed to recover taxes previously paid on compensation that is returned to the company as a result of a clawback provision? This Article argues that a full tax …

Second Panel Discussion - Symposium: Who Makes Esg? Understanding Stakeholders In The Esg Debate, Lisa M. Fairfox, Carmen X. W. Lu, David H. Webber

Faculty Scholarship

This symposium was hosted virtually by Fordham University School of Law on October 23, 2020. The transcript has been edited for clarity and to provide sources, references, and explanatory materials for certain statements made by the speakers.

The second panel discussion was on the topic of "Stakeholders as the driving force of ESG." Panelists for the second panel were Carmen Lu, Lisa Fairfax, and David Webber.

The Integration Of Records, Electronic Communication And Networks In Indonesia, Ike Iswary Lawanda

Library Philosophy and Practice (e-journal)

Purpose: This paper aims to show how managers/users’ communication and negotiations through electronic communication reflect individual and organizational resilience facing the global changes in ICT. The networked record structure, as the centre of the interactions, symbolizes the internal and external communication process in the organization.

Design/methodology/approach: We analysed the integrated network structures of the record from six government offices and three multinational corporations and one international Non-Government Organization in Indonesia as symbolic interactions between individuals and groups who easily cope with ICT innovation and who find the innovation to be challenging. To validate our findings, we interviewed eleven stakeholders, consists …

Cultural And Spiritual Significance Of Nature: Guidance For Protected And Conserved Area Governance And Management, Bas Verschuuren, Josep-Maria Mallarach, Edwin Bernbaum, Jeremy Spoon, Steve Brown, Radhika Borde, Jessica Brown, Mark Calamia

Anthropology Faculty Publications and Presentations

The cultural and spiritual significance of nature has been defined as the spiritual, cultural, inspirational, aesthetic, historic and social meanings, values, feelings, ideas and associations that natural features and nature in general have for past, present and future generations of people – both individuals and groups. These guidelines respond to a growing need to make conservation more inclusive, effective and socially just by accommodating multiple worldviews; by treating natural and cultural heritage as interlinked; and by suggesting ways for engaging and empowering all relevant groups and stakeholders in protected area design, governance and management. The guidelines also assist with creating …

Starting With Life: Murder Sentencing And Feminist Prison Abolitionist Praxis, Debra Parkes

All Faculty Publications

Advocates of decarcation often focus their critiques on imprisonment for non-violent offences. In this vein, current advocacy efforts to end mandatory sentences in Canada tend to carve out “serious violent offences” as not part of a reform agenda. In this chapter, Debra Parkes sketches out the contours of an argument for why feminists might not want to cede that ground, why anti-carceral feminism might involve centering our analysis on the most, rather than the least, serious crimes – starting with those who are serving life sentences for murder. Parkes identifies four non-exhaustive reasons for that focus. The first reason relates …

Immigration Detention In The Age Of Covid-19, Efrat Arbel, Molly Joeck

All Faculty Publications

In this chapter, we analyze Canada’s response to the outbreak of COVID-19 as it relates to immigration detention. We focus on decisions released by the Immigration Division (ID) of the Immigration and Refugee Board, the quasi-judicial administrative tribunal tasked with detention-related decision-making in Canada. Writing in the four months after pandemic measures were first introduced in Canada, our analysis is by necessity provisional, and focuses on seventeen ID decisions released between mid-March and mid-May 2020, at the height of the pandemic in Canada. Our analysis of this dataset reveals an identifiable shift in ID practice: prior to the outbreak of …

R V. Turtle: Substantive Equality Touches Down In Treaty 5 Territory, Sonia Lawrence, Debra Parkes

All Faculty Publications

Court comes to Pikangikum First Nation through the air. Judges, Crown attorneys, and defence lawyers fly into this Anishinaabe community, located 229 kilometres north of Kenora, Ontario, to hear bail, trial, and sentencing matters involving members of the community. And then they fly out. Many of those provincial court proceedings involve sentencing members of the community to jail in Kenora or to a penitentiary even further away. We suspect that s. 15 of the Charter is rarely discussed in the Pikangikum courtroom (which is sometimes a room in the business development centre and sometimes the Chinese restaurant), a reality that …

Power Sector Carbon Reduction: An Evaluation Of Policies For North, Kate Konschnik, Martin Ross, Jonas J. Monast, Jennifer Weiss, Gennelle Wilson

Faculty Publications

The North Carolina power sector is poised for transition. Economics have driven big changes on the grid, making cleaner options for electricity generation cost competitive with traditional resources. North Carolina clean energy policies have further enabled the shift into renewable resources. Building on this momentum, Duke Energy Corporation and our state’s rural electric cooperatives have set ambitious climate goals, including “net zero” carbon emissions by 2050.

Well-designed policies can accelerate pollution reduction, make change more affordable for state residents and business, and stimulate job growth. For this reason, the North Carolina Clean Energy Plan (CEP)—developed pursuant to Governor Cooper’s Executive …

Criminal Injustice, Edward Rubin

Vanderbilt Law Review

No abstract provided.

Road To Reform: The Case For Removing Police From Traffic Regulation, Aaron R. Megar

Vanderbilt Law Review

No abstract provided.

Radicalism And Democracy In Monetary System Reform, John Crawford

Vanderbilt Law Review

No abstract provided.

"There Most Certainly Was A 'Tomorrow'": Chancery Court Finds Revlon Review Not Triggered When Acquirer Stock Constituted 58% Of Merger Consideration, Robert S. Reder, Connor J. Breed

Vanderbilt Law Review

No abstract provided.

Chancery Court Employs Revlon Analysis In Assessing Whether Corporate Sale Process Was Reasonable, Robert S. Reder, Connor J. Breed

Vanderbilt Law Review

No abstract provided.

Defusing The "[N]Uclear [W]Eapon Of [C]Orporate [G]Overnance": Chancery Court Enjoins "Extreme, Unprecedented" Poison Pill Adopted To Defend Against Hypothetical Stockholder Activism, Robert S. Reder, Lisa Orucevic

Vanderbilt Law Review

No abstract provided.

"Too Much Dynamite": Buyer's Fraudulent Inducement Claim Survives Seller's Defense Based On Contractual Limitations On Post-Closing Liability, Robert S. Reder, Zachary R. Ryan

Vanderbilt Law Review

No abstract provided.

Supreme Court - Finding Seller's Responses To Covid-19 Violated Ordinary Course Covenant, Despite Lack Of "Mae" - Upholds Chancery Decision Allowing Buyer To Abandon Signed Transaction, Robert S. Reder, Erin N. Embrey

Vanderbilt Law Review

No abstract provided.

Chancery Court Applies "Well-Worn Fiduciary Principles" To Address "Novel Issues" Presented By Spac Disclosure Litigation, Robert S. Reder

Vanderbilt Law Review

No abstract provided.

Global Impact Of Physical Inactivity And Implications For Public Health Nursing, Elizabeth A. Moxley, Kashica Webber-Ritchey, Laura Hayman

Faculty Articles, Papers, and Other Scholarship

Physical inactivity has been a public health problem worldwide for more than a decade. Of those who are physically active, a substantial percentage engage solely in low or very low physical activity (PA) levels. In the last 3 decades, the prevalence of PA in the United States has decreased with approximately 80% of adults not meeting the recommended guidelines for aerobic and muscle strengthening PA. The PA levels of youth have dramatically decreasedwith 85% of adolescents reporting no PA. Regular PA participation can aid in preventing chronic diseases. A strong inverse dose-response relationship exists between PA and the incidence of …

Virtual Pedagogical Strategies And Hesi Student Outcomes In Response To Covid-19, Elizabeth A. Moxley, Anitha Saravanan, Larinda Dixon, Janice Miller, Maureen Waller

Faculty Articles, Papers, and Other Scholarship

Background: To maintain curricular integrity in response to COVID-19, nurse educators are increasingly required to transition from traditional (face-to-face) to virtual pedagogy. Objectives: The purpose of this analysis was to compare the HESI scores based on a traditional pedagogy with the HESI scores following implementation of virtual pedagogy during Spring 2020. Methods: Student (n = 115; 81% female; mean age = 25.71 years) HESI scores were compared after each eightweek session using the Mann Whitney U test, permutation test and Wilcoxon rank test. Logistic regression was used to identify students achieving at least 850. Chi-square test was used to determine …

Impact Of Covid-19 On The Health And Well-Being Of Informal Caregivers Of People With Dementia: A Rapid Systematic Review, M. Courtney Hughes, Yujun Liu, Abby Baumbach

Faculty Articles, Papers, and Other Scholarship

Background: In December 2019, the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), or COVID-19, raised worldwide concern. Since then, the COVID-19 pandemic has negatively influenced health and wellness across the globe and caused nearly three million deaths. This study focuses on informal caregivers of people with dementia, a disease that affects about 50 million older adults worldwide and requires much caregiving support.

Objective: Examine the current literature on the impact of COVID-19 on the health and well-being of informal caregivers for people with dementia.

Method: This rapid review was conducted across five electronic databases for quantitative and qualitative articles published …

Understanding Middle School Students’ Enrollment Choice For A Fully Online Educational Environment During The Fall Of 2020 Covid-19 National Health Emergency: A Mixed Methods Study, Wendy Maltais Duvall

Theses and Dissertations--Curriculum and Instruction

Students’ choice in enrolling in a distance learning environment was examined in a mixed methods study in the fall of 2020 during the COVID-19 national health emergency of that same year. After state mandated school closures in the spring 2020, students statewide were forced into a fully online learning situation until the end of that semester. In the fall, the district that was the study site offered families the choice of either hybrid or fully distance learning environments where students could attend school during the national health crisis that had persisted. That choice would be in force for the full …