The Deceptive Dyad: How Falseness Structures International Law, Jason A. Beckett

Faculty Journal Articles

Public International Law (PIL) is portrayed as an autonomous and tolerably just legal system. A determinable system of rules and principles, deployed by professionals to evaluate and constrain the global machinations of power politics. Law as an authoritative structure through which global justice can be pursued. This entrenches a comforting, but false, progress narrative; and obscures the limitations of pursuing progressive change through international law. PIL is structured by false necessity and false contingency. These interact to create the Deceptive Dyad, which disguises the radical indeterminacy of PIL. PIL’s purported demands, however meticulously crafted, do not effect change in the …

Post Covid-19 Tourism: Promoting The Holy Family Trail As A Niche Religious Tourism Destination/ الترويج ل مسار العائلة :Covid- السياحة بعد 19 المقدسة كوجهة للسياحة الدينية, Hend Elbehary, Mona Elsayed, Nada Abdelghany, Yasmine Mandour

Papers, Posters, and Presentations

The tourism sector constitutes significant importance for the Egyptian economy, with a contribution of 11.9% to the GDP and total employment of 2.49 million in 2018. The sector has different segments including both mass and niche tourism, where Egypt is heavily dependent on the former. Over the past 10 years, the sector was hammered by several internal and external intermittent hits, resulting in instability in the sector and fluctuations in its revenues that have consequently pulled down the foreign currency reserves. The current challenge of COVID-19 has introduced a new global norm that hurdled the mobility of mass tourist groups …

Startups And Human Capital Management In Egypt: In Search Of Decent Jobs, Maryham Abdel Malak, Ibrahem El Sayed Hassan, Fayrouz El Dabbagh, Laila M. El Baradei

Papers, Posters, and Presentations

While startups are considered an important potential contributor to Egypt’s economic growth, they encounter myriad challenges that hinder their ability to reach their potential, sustain their market presence, and their capacity to provide decent job opportunities. Challenges include the difficulty of locating and sustaining funding, the complicated legal and regulatory framework that governs them, the conservative social norms and culture, and the lack of data and information regarding market dynamics and existing opportunities. The research findings revealed that many startups face challenges with their Human Capital Management (HCM), in the planning, acquisition, development, or sanction functions. This policy paper examines …

Indigenous Assessment Developers On Elements Of The Disjuncture-Response Dialectic: A Critical Comparative Case Study, David A. Sul

Doctoral Dissertations

The disjuncture-response dialectic proposes that the assessment development practices of Indigenous assessment developers exist within a broader environment where attention to broader themes such as settler colonialism (Wolfe, 2006) and Indigenous sovereignty is incorporated. To understand this dialectic, this study sought insight from Indigenous assessment developers about the issues they face when developing culturally specific assessments for use within their environments and settings.This study used a critical (Giroux, 1979; Horkheimer, 2018; McKenzie, 2012) comparative case study approach (Bartlett & Vavrus, 2017) with a convenience sample of three Indigenous assessment developers representing a cross-section of culturally specific assessment development projects across …

The Challenge Of Deterring Bad Police Behavior: Implementing Reforms That Hold Police Accountable, Robert M. Bloom, Nina Labovich

Case Western Reserve Law Review

No abstract provided.

23 And Me: Bristol-Myers Squibb, Federal Class Actions & The Non-Party Approach, Bryce Sanders

Case Western Reserve Law Review

No abstract provided.

Book Review, Stephen Ellmann, And Justice For All: Arthur Chaskalson And The Struggle For Equality In South Africa, Michael J. Benza

Case Western Reserve Law Review

No abstract provided.

A Most Ingenious Paradox: Competition Vs. Coordination In Mutual Fund Policy, Ann M. Lipton

Case Western Reserve Law Review

No abstract provided.

Remembering And Appreciating Judge Robert A. Katzmann, Joseph White

Case Western Reserve Law Review

No abstract provided.

As A Matter Of Fact: Copyrighting Fictitious Entries Within Reference Works, Jacqueline Kett

Case Western Reserve Law Review

No abstract provided.

Market Predators, Lauren Cohen, Karl B. Diether, Christopher Malloy

Faculty Publications

We find evidence of predatory trading in the corporate bond market. Exploiting novel data on the short selling behavior of institutional investors, we demonstrate that short sellers target those bonds likely to experience the largest negative events in the future: bonds about to be downgraded to junk status, and specifically those held by insurance companies and other institutions that are required to liquidate when bonds fall to junk status. We show that shorting in these bonds predicts large negative returns, which largely reverse over the next year. Short sellers’ trading activity is premeditated: they build up large short positions in …

Predicting Material Properties: Applications Of Multi-Scale Multiphysics Numerical Modeling To Transport Problems In Biochemical Systems And Chemical Process Engineering, Tom Pace

Theses and Dissertations--Physics and Astronomy

Material properties are used in a wide variety of theoretical models of material behavior. Descriptive properties quantify the nature, structure, or composition of the material. Behavioral properties quantify the response of the material to an imposed condition. The central question of this work concerns the prediction of behavioral properties from previously determined descriptive properties through hierarchical multi-scale, multiphysics models implemented as numerical simulations. Applications covered focus on mass transport models, including sequential enzyme-catalyzed reactions in systems biology, and an industrial chemical process in a common reaction medium.

Reimagining Care: Surviving And Thriving Among Lgbtq African Americans In Birmingham, Alabama, Stacie Lynn Hatfield

Theses and Dissertations--Anthropology

This dissertation draws on fieldwork with Black LGBTQ identifying individuals and communities in Birmingham, Alabama conducted from 2015-2019 as part of a project that reimagines theories of care. Informed by scholars of Black and feminist studies, I conceive of forms of care as negotiations of survival and tactics of thriving that are worked out in everyday practices and discourses among LGBTQ African Americans. I show how histories of racial inequality and centuries of resistance, surviving, and thriving among communities of African descent intersect with LGBTQ politics, space, and identity to create strategies and places of individual and community care. My …

Social Differentiation Among Rural Maya Households In Chunhuayum, Yucatan, Mexico, During The Late Preclassic Through The Early Classic (300 B.C. – A.D. 600), Céline Lamb

Theses and Dissertations--Anthropology

This dissertation addresses social differentiation among rural residents of Chunhuayum, an ancient Maya village in northwest Yucatan, from the Late Preclassic to the Late Early Classic (300 B.C. – A.D. 600/630). The three axes of social differentiation investigated are household wealth, occupation, and social connectivity to external networks. Using a practice theory approach, my research seeks to identify how material and social practices shaped and expressed social differentiation among Chunhuayum households, as well as how these may have shaped the particular history of Chunhuayum within its regional context. Throughout Chunhuayum’s occupation, residential architecture was the most salient marker of wealth …

Teaching The Bible, Steelman Library, Camilla Belfon

Syllabus Repository

No abstract provided.

Seasonal And Interspecific Variation In Frugivory By A Mixed Resident-Migrant Overwintering Songbird Community, Wales A. Carter, Scott F. Pearson, Adam D. Smith, Scott R. Mcwilliams, Douglas J. Levey

Natural Resources Science Faculty Publications

Many temperate passerine bird species switch from diets of mostly invertebrates in the spring and summer to diets that include fruit and seeds in the fall and winter. However, relatively few studies have quantified diet composition or the extent of seasonal shifts during the non-breeding period, particularly among species and across communities with both residents and migrants. We measured carbon and nitrogen stable isotope values in food items (fruits, C₃ and C₄seeds, and insects from various trophic levels and plant communities) and in multiple tissues (feathers and plasma/whole blood) from 11 species of songbirds wintering in the …

Perception Of And Attitudes Towards Plagiarism Among Graduate Students In Ghana, Aba Amandzewaa Anaman Ms, Francis Agyei Mr

Library Philosophy and Practice (e-journal)

ABSTRACT

This study investigated students’ perception of plagiarism, sources of information on plagiarism, attitude towards plagiarism, reasons for acts of plagiarism and knowledge of the consequences of plagiarism. A quantitative approach was used. Data was gathered using survey from a sample size of 319 graduate students of University of Ghana, selected using the stratified sampling technique. The main data collection instrument was the questionnaire and the data were analysed descriptively. Findings showed a universal awareness of plagiarism with lecturers as their major source of information. Students generally had a basic understanding of the concept of plagiarism but have broadened the …

Spotlight On Unwto Elibrary, Dr.S. Nirubasethukumari, Dr.A. Thirumagal, Dr.M. Mani

Library Philosophy and Practice (e-journal)

Over the decades, tourism has experienced continued growth and deepening diversification to become one of the fastest growing economic sectors in the world. Modern tourism is closely linked to development and encompasses a growing number of destinations.(Lew, Hall, & Williams, 2004) This paper analyses the origin and features of United Nations World Tourism Organization (UNWTO) like building a consortium and its UNWTO elibrary facilities like its publications which includes, ebooks, e journals, World Tourism barometers and dashboards. In addition to 500 free documents on current tourism trends, large number of publications on the impact of Covid 19 on global tourism …

Imagining The Progressive Prosecutor, Benjamin Levin

Publications

As criminal justice reform has attracted greater public support, a new brand of district attorney candidate has arrived: the “progressive prosecutors.” Commentators increasingly have keyed on “progressive prosecutors” as offering a promising avenue for structural change, deserving of significant political capital and academic attention. This Essay asks an unanswered threshold question: what exactly is a “progressive prosecutor”? Is that a meaningful category at all, and if so, who is entitled to claim the mantle? In this Essay, I argue that “progressive prosecutor” means many different things to many different people. These differences in turn reveal important fault lines in academic …

Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter

Publications

As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants, without regard …

Shareholder Primacy And The Moral Obligation Of Directors, Mark J. Loewenstein, Jay Geyer

Publications

One of the most written-about and important topics in corporate law is the fiduciary obligations of corporate directors. Increasingly, critics of American capitalism have urged that corporations, and implicitly, corporate directors, act in a more socially responsible fashion and thus eschew the notion that shareholder primacy is the exclusive guide to a director’s fiduciary duty. Under this view, directors must consider the effect of their actions on “stakeholders” other than shareholders and be guided by morality—doing the right thing—when making business judgments.

When directors move away from shareholder primacy, however, decision-making becomes more difficult and problematic. This article analyzes the …

A Grammar Of Legal Thought, Derek H. Kiernan-Johnson

Publications

No abstract provided.

Historiography, Ideology, And Law: An Introduction, Justin Deystone, Samuel Moyn

Publications

This is an introduction to a forum on historiography, ideology, and law. The basic question weaving this forum together concerns the meaning of the term “critical” in the domain of critical legal history, a question that is deeply familiar to historians of all stripes. Ultimately, whether you are a lawyer doing historical work, a historian interested in law, or a historian of a different sort altogether, there is no hiding from the question of context and, critically, the ideological stakes in choosing an answer to that question.

Introduction: History, Ideology, And The Crisis Of Legal Critique, Justin Deystone, Samuel Moyn

Publications

No abstract provided.

On The Domestication Of Critical Legal History, Justin Deystone, Samuel Moyn

Publications

Among many of today’s legal historians, there is a relatively new and generally unreflective understanding of the relationship between history and method. The landscape is everywhere marked by a tendency to eschew big thinking, grand theory, and programmatic approaches to historical explanation and social transformation. In the place of the grand theory approach to law and history, there is a preference for the minimalist, the pragmatic, the particularistic, and the quotidian. What this normal science of today’s legal historiography makes obvious is a kind of attachment to particular kinds of problems with particular sorts of built-in solutions. The result for …

Pay For Performance: When Does It Fail?, Nirmalya Kumar, Madan Pillutla

Research Collection Lee Kong Chian School Of Business

The consensus in social psychology is that monetary incentives for performance have a detrimental impact on individual performance. Yes, under certain specific and limited conditions, rewards can reduce performance. Yet pay for performance schemes are ubiquitous. How can we resolve this divergence between theoretical recommendations and observed practices? Nirmalya Kumar and Madan Pillutla recommend solving the problem by designing smarter incentives that avoid these detrimental effects.

Tainted Precedent, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.

Punishing With Impunity: The Legacy Of Risk Classification Assessment In Immigration Detention, Robert Koulish, Kate Evans

Faculty Scholarship

In 2012, the Department of Homeland Security adopted a risk classification assessment ("RCA") tool to run on migrants in the custody of Immigration and Customs Enforcement ("ICE"). The risk tool helped determine who was detained and who was released from ICE custody. It was intended to curb detention rates by limiting detention based on risk of flight and danger and to ensure that the conditions of civil immigration detention were distinct from those in criminal detention. This Article presents data from several RCA datasets received pursuant to the Freedom of Information Act.

The story of the RCA is one of …

Equality Metrics, Veronica Root Martinez, Gina-Gail S. Fletcher

Faculty Scholarship

This time is different. This time the death of another Black man at the hands of white police officers prompted calls for change not only within police departments, but across all aspects of American life. Those calls for change resulted in significant displays of support for the Black Lives Matter movement and interest in how to eliminate systemic racism and promote racial diversity and justice within one’s daily life and workplace. For the most part, corporations were quick to publicly align themselves with the movement. When carefully examined, however, many of the statements issued by corporations in support of the …

Discipline In North Carolina’S Charter Schools, Peggy Nicholson, Ryan Yang, Richard Yang

Faculty Scholarship

No abstract provided.