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2025

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Hutchison Family Papers - Accession 19, Hutchison Family Jan 2025

Hutchison Family Papers - Accession 19, Hutchison Family

Manuscript Collection

This collection is a valuable source on colonial life in the Carolinas, the southern antebellum plantation system, early relations with the Catawba Indians, post Civil War cotton manufacturing, especially in relation to the Rock Hill Cotton Mill established by Captain A. E. Hutchison, and the World War I era in Rock Hill. While the papers range from 1785 to 1968, the greatest part of the collection extends from the late 1780s to the early twentieth century. In addition to genealogical information, diaries, speeches, financial records, etc., located in a separate series, there are also included in the “General Correspondence and …


The Politics Of Bank Supervision: From Eccles To Bessent, Kathryn Judge Jan 2025

The Politics Of Bank Supervision: From Eccles To Bessent, Kathryn Judge

Faculty Scholarship

Throughout his tenure as chair of the Federal Reserve Board, Marriner Eccles pressed President Franklin D. Roosevelt to over­haul bank supervision. Eccles eventually made his ongoing service as chair contingent on FDR agreeing to support the effort. This initiative is commonly depicted as a power grab. Federal bank regulation and supervision, then and now, is divvied up among three agencies, the Federal Reserve, the Federal Deposit Insurance Corporation, and the Comptroller of the Currency. Eccles wanted the Fed, and the Fed alone, to be the federal bank supervisor. Having already succeeded in enhancing his power once, by spearheading reforms that …


How Artificial Intelligence Will Shape Securities Regulation, Gabriel Rauterberg Jan 2025

How Artificial Intelligence Will Shape Securities Regulation, Gabriel Rauterberg

Faculty Scholarship

How will the increasing prevalence and sophistication of artificial intelligence (AI) change the doctrine and practice of securities law? My main thesis is that it will push securities regulation toward a more systems-oriented approach. This approach will replace securities law’s emphasis, in areas like manipulation, on forms of enforcement targeted at specific individuals and accompanied by punitive sanctions with a greater focus on ex ante rules designed to shape an ecology of actors and information.


Altering Rules: The New Frontier For Corporate Governance, Gabriel Rauterberg, Sarath Sanga Jan 2025

Altering Rules: The New Frontier For Corporate Governance, Gabriel Rauterberg, Sarath Sanga

Faculty Scholarship

Corporate law has taken a contractarian turn. Shareholders are increasingly contracting around its foundational rules — statutory rights, the fiduciary duty of loyalty, even the central role of the board — and Delaware courts are increasingly enforcing these contracts. In the one case where they did not, the legislature swiftly overruled the decision and adopted a new statutory provision permitting boards to completely cede their powers to a shareholder by contract. These developments have sparked a polarized debate, with some calling for a return to mandatory rules, while others push for total contractual freedom.

We argue, however, that the best …


An Analysis Of Commercial Real Estate, Amanda Christine Fowler Jan 2025

An Analysis Of Commercial Real Estate, Amanda Christine Fowler

Honors Program Theses

Commercial real estate is typically described as comprising four sectors: office, retail, industrial, and multifamily. Each sector is affected by economic changes and consumer spending differently. This research shows the general overview of the sectors and trends affecting the market, a discussion of the factors driving commercial real estate prices such as inflation, interest rates, unemployment, and employee engagement. A review of the factors affecting regions in the United States is also included. A focus is set on office rental prices for the purpose of the analysis.


Rock Hill Economic Development Records - Accession 1771, Rock Hill Economic Development, Rock Hill History Jan 2025

Rock Hill Economic Development Records - Accession 1771, Rock Hill Economic Development, Rock Hill History

Manuscript Collection

The Rock Hill Economic Development Records document planning, redevelopment, and economic growth initiatives in Rock Hill, South Carolina, from the late eighteenth century through the early twenty-first century, with the bulk of the materials dating from the mid-twentieth century through the early 2000s. The collection contains photographs, city and regional planning studies, architectural and engineering plans, maps, land plats, newspaper clippings, brochures, and organizational records that illustrate evolving approaches to urban development, historic preservation, transportation, and downtown revitalization.

Central to the collection are comprehensive planning documents produced or utilized by the City of Rock Hill and the Rock Hill Economic …


Female Client Preferences Of A Financial Advisor’S Gender, Rachel Ames Clayberg Jan 2025

Female Client Preferences Of A Financial Advisor’S Gender, Rachel Ames Clayberg

Honors Program Theses

This research examines the gender preferences of female clients when selecting a financial planner. While an increasing number of women are seeking financial advice, the percentage of female financial advisors remains relatively low, with even fewer holding the prestigious Certified Financial Planner designation. The disproportionate representation in the field raises concerns that, if women prefer to work with female financial planners, their needs may not be fully addressed. Through a survey utilizing conjoint analysis, this study determines if implicit gender bias exists when clients choose a financial planner, without directly asking clients about their preferences. Findings indicate that female respondents …


Inventing Birthright: The Nineteenth-Century Fabrication Of Jus Soli And Jus Sanguinis, Sam Erman, Nathan Perl-Rosenthal Jan 2025

Inventing Birthright: The Nineteenth-Century Fabrication Of Jus Soli And Jus Sanguinis, Sam Erman, Nathan Perl-Rosenthal

Articles

Formal membership in a state has been an essential political status for well over a century. It is typically gained at birth, either jus soli or jus sanguinis. Jus soli assigns nationality by birth in a nation's territory; jus sanguinis assigns children their parents’ nationality. This article provides an alternative intellectual history of the modern dominance of these principles for attributing nationality. Contrary to prior scholarship, soli and sanguinis were not restatements of existing principles. The soli/sanguinis binary was a nineteenth-century invention. Old-regime European empires attributed membership in the community under one or another single natural law principle. Parentage and …


Tribute To Sally Katzen, Rachel Rothschild Jan 2025

Tribute To Sally Katzen, Rachel Rothschild

Articles

I have been excitedly waiting for the opportunity to speak to you all about Sally tonight. I don't think you could find anyone more deserving of this award than she is. You have heard this evening about her extraordinary professional accomplishments and the indelible mark she has made on administrative law over the course of her career. But in addition to her achievements in government service and private practice, Sally will leave a lasting and significant legacy through the students that she taught at NYU. I hope I can do justice to the enormous role she has played in my …


Tone Coach, Patrick Barry Jan 2025

Tone Coach, Patrick Barry

Articles

Think of how many emails you have sent in the past week, month, and year. Did you always strike the appropriate tone? Did you always use the right words? Did you consistently sound the way you intended? I encourage my law students to use these questions to periodically give themselves some self-feedback. Take a look at your recent (and not-so-recent) correspondences, I tell them. Read your words aloud. Assess whether the voice you hear is the voice you want others to hear.


Altering Rules: The New Frontier For Corporate Governance, Gabriel Rauterberg, Sarath Sanga Jan 2025

Altering Rules: The New Frontier For Corporate Governance, Gabriel Rauterberg, Sarath Sanga

Articles

Corporate law has taken a contractarian turn. Shareholders are increasingly contracting around its foundational rules—statutory rights, the fiduciary duty of loyalty, even the central role of the board—and Delaware courts are increasingly enforcing these contracts. In the one case where they did not, the legislature swiftly overruled the decision and adopted a new statutory provision permitting boards to completely cede their powers to a shareholder by contract. These developments have sparked a polarized debate, with some calling for a return to mandatory rules, while others push for total contractual freedom.

We argue, however, that the best approach lies neither in …


Eliminating Qbai - One Step Forward, Two Steps Back?, Reuven S. Avi-Yonah Jan 2025

Eliminating Qbai - One Step Forward, Two Steps Back?, Reuven S. Avi-Yonah

Articles

In this installment of Reflections With Reuven Avi-Yonah, Avi-Yonah explains what makes an effective U.S. tax regime and uses those attributes to evaluate the One Big Beautiful Bill Act. There is plenty to criticize about the One Big Beautiful Bill Act (OBBBA, P.L. 119-21), signed into law by President Trump on July 4. It increases the deficit by about $4 trillion when the interest costs from the additional borrowing are included, and by about $5.5 trillion if its provisions are made permanent in 2029, like the Tax Cuts and Jobs Act provisions were in 2025. It is distributionally skewed to …


Facebook Decision Enables Irs To Seek Cwi Enforcement Against Meta, Stephen L. Curtis, Reuven S. Avi-Yonah, David G. Chamberlain Jan 2025

Facebook Decision Enables Irs To Seek Cwi Enforcement Against Meta, Stephen L. Curtis, Reuven S. Avi-Yonah, David G. Chamberlain

Articles

In this report, the authors explain how the Tax Court’s recent decision in the Facebook transfer pricing case — although widely viewed as a victory for the taxpayer, Meta Inc. — could instead be a Pyrrhic victory because it enables the IRS to pursue a potentially substantial periodic adjustment against the company. The views expressed in this report are solely the authors’ and do not necessarily reflect those of any other person or institution. On May 22 the Tax Court issued its opinion in Facebook. This was the third case, after Amazon and Veritas, in which the IRS tried to …


Us Policy And Pillar 2: The Evolution Of Us Tax Policy Toward Oecd Pillar 2 And Its Global Implications, Reuven S. Avi-Yonah Jan 2025

Us Policy And Pillar 2: The Evolution Of Us Tax Policy Toward Oecd Pillar 2 And Its Global Implications, Reuven S. Avi-Yonah

Articles

This paper analyzes the United States’ evolving position on OECD Pillar 2, focusing on the Trump administration’s initial rejection and subsequent negotiations to exempt US multinationals from the Undertaxed Profits Rule (UTPR). It examines the legislative and diplomatic strategies that led to international acceptance of GILTI as a valid IIR. The analysis concludes that the resulting compromise preserves US tax sovereignty while maintaining the global framework’s integrity.


The Perils Of Pseudo-Textualism, Reuven S. Avi-Yonah Jan 2025

The Perils Of Pseudo-Textualism, Reuven S. Avi-Yonah

Articles

How much freedom does the IRS have to interpret the code?

In recent years, the Supreme Court and lower courts have put significant barriers in front of the IRS’s ability to interpret the code as it wishes. The question is to what extent the IRS can live with the barriers of textualism, nondeference, the major questions doctrine, nondelegation, and the Administrative Procedure Act. Of these, textualism seems to be the most problematic because it is the hardest to fix. The major questions doctrine rarely applies to statutory tax cases. Nondeference based on Loper Bright can be restricted by Congress adding …


Free To Be You But Not Me?, Leah Litman Jan 2025

Free To Be You But Not Me?, Leah Litman

Reviews

In Gendered Liberty, Prof. Laura Portuondo presents a doctrinal puzzle: While claims to individual liberty are in decline in some spaces, they are ascendant in others. As Portuondo describes things, constitutional law has become increasingly hostile to claims by people who seek to defy gendered stereotypes. That includes the women who, for whatever reason, do not want to become mothers when they are pregnant, as well as the women whose lives, health, or fertility would be in jeopardy if they became mothers. The Supreme Court overruled their claims to liberty in Dobbs v. Jackson Women’s Health Organization.


Per Se Non-Takings, Nestor M. Davidson, Timothy M. Mulvaney Jan 2025

Per Se Non-Takings, Nestor M. Davidson, Timothy M. Mulvaney

Faculty Scholarship

In the discourse on the Takings Clause, disputes over methodology have long formed a kind of proxy war, with per se rules ordinarily underwriting strong constitutional protection for property rights and ad hoc standards more often vindicating public interests. At a moment when the Supreme Court is increasingly embracing the rules end of this rules–standards spectrum, this Article offers a novel perspective to challenge the conventional link between categorical reasoning and classical liberal conceptions of constitutional property.

To do so, the Article excavates a vast body of law denying takings liability through rule-like reasoning, an approach the Article calls per …


Race, The Academy, And The Constitution Of The War On Drugs, I. Bennett Capers, Jeffrey Bellin Jan 2025

Race, The Academy, And The Constitution Of The War On Drugs, I. Bennett Capers, Jeffrey Bellin

Faculty Scholarship

The war on drugs is widely viewed as a policy failure. Despite massive government intrusions on personal liberty, drug addiction, overdoses, and drug-related violence have only increased since the war was declared in 1971. David Pozen’s new book, The Constitution of the War on Drugs, reveals a constitutional failure as well. Pozen chronicles a host of constitutional arguments that American litigants deployed to protect a “right” to use drugs with surprising, if fleeting, success. Pozen asks what might have been, exploring why the courts backtracked and effectively removed the Constitution as a meaningful obstacle to drug prohibitions. 

This Review …


Material Sins: A Novel Excerpt, Patrick Markovich Jan 2025

Material Sins: A Novel Excerpt, Patrick Markovich

Dissertations and Theses @ UNI

This excerpt from Material Sins includes the first six chapters of the novel. The book is a supernatural crime thriller focused on the life of a young butcher’s apprentice, Charles, as he attempts to uncover his father’s criminal past. When Charles encounters his father’s childhood friend, Salo, he realizes his father had been involved in the mafia in his youth. As Charles learns the extent of his father’s sins, he fights to maintain his sanity and keep the demonic entity attached to him at bay. With the help of his best friend Sofia, Charles struggles to dispel the demon who …


Rural Girl Comedy Hour, Riley Mccall Jan 2025

Rural Girl Comedy Hour, Riley Mccall

Dissertations and Theses @ UNI

No abstract provided.


Self-Regulation In Emerging And Innovative Industries, Daniel E. Walters, Hannah J. Wiseman Jan 2025

Self-Regulation In Emerging And Innovative Industries, Daniel E. Walters, Hannah J. Wiseman

Faculty Scholarship

Self-regulation—governance of firm behavior by private entities—has a long history both in the United States and globally, and there is an extensive literature on the topic. But there has been far less attention paid to the role self-regulation can play in spurring and enabling innovation and growth within emerging industries. These industries—both currently ascendant ones such as hydrogen and artificial intelligence, as well as formerly new (but now well established) activities in hydraulic fracturing and Internet communications—plausibly benefit from self-regulation’s ability to coordinate economic actors and reassure often skeptical publics. Examining the ways that self-regulation impacts this special type of …


The Globalization Of Copyright Exceptions For Ai Training, Matthew Sag, Peter K. Yu Jan 2025

The Globalization Of Copyright Exceptions For Ai Training, Matthew Sag, Peter K. Yu

Faculty Scholarship

Generative AI, machine learning and other computational uses of copyrighted works pose profound questions for copyright law. This article conducts of global survey of how different countries have attempted to answer these questions in relation to the unauthorized use of copyrighted works for training. Although the world has yet to achieve international consensus on this issue, an international equilibrium is emerging. Jurisdictions with common law and civil law traditions, and with varying economic conditions, technological capabilities, political systems, and cultural backgrounds, have found ways to reconcile copyright law and AI training. In this equilibrium, countries recognize that text data mining, …


Moral Politics Theory Applied To Abortion: Utopias, Dystopias, And Dobbs, Susan Ayres Jan 2025

Moral Politics Theory Applied To Abortion: Utopias, Dystopias, And Dobbs, Susan Ayres

Faculty Scholarship

This article examines Moral Politics Theory (MPT) as a way to understand current tensions in the US concerning reproductive justice. MPT, as developed and researched for over thirty years by cognitive scientist, George Lakoff, provides a way to explain differences in political worldviews. According to Lakoff’s research in Moral Politics and Don’t Think of an Elephant!, conservatives tend to hold a strict-father model, and progressives hold a nurturant-parent model. People in the political middle tend to endorse both models; Lakoff labels those in the middle as “biconceptuals,” and discusses how this group is most susceptible to persuasion because metaphors frame …


Front Matter - Table Of Contents - Preface Jan 2025

Front Matter - Table Of Contents - Preface

Iowa Journal of Communication

No abstract provided.


Octavia Butler And Black Motherhood, Megan Tate Jan 2025

Octavia Butler And Black Motherhood, Megan Tate

Research Papers

No abstract provided.


Scholarly Program Notes For "Songs Of Love & Loss", Seth A. Tanner Jan 2025

Scholarly Program Notes For "Songs Of Love & Loss", Seth A. Tanner

Research Papers

This document presents the extended program notes for the graduate voice recital of Mr. Seth A. Tanner which took place on March 1, 2025 in the Old Baptist Foundation recital hall at Southern Illinois University in Carbondale, Illinois. These extended program notes also contain the program of repertoire performed at the recital in addition to the texts of all pieces with translations for those non-English songs.

The repertoire list includes operatic arias from the Baroque and late Romantic periods, and art songs from the late Romantic period, early 20th century, and mid 20th century. The repertoire is representative of a …


The Feminine Perspective - Extended Program Notes, Madison Betz Jan 2025

The Feminine Perspective - Extended Program Notes, Madison Betz

Research Papers

This research paper is an extension of the program notes to the master’s recital entitled The Feminine Perspective that was given on November 15, 2024. The selection of pieces that are analyzed and described were performed in the order reflected in this paper. All piece selections feature a female composer and/or poet/librettist. In each chapter, one can find the content of the composer’s biography, background to the set or piece, and an analysis of each piece. The recital program included the following pieces:

Clara Schumann: Selections from Sechs Lieder aus Jucunde, Op. 23 (Nos. I, V, VI)

Lucy Simon: …


Queer Form And Romantic Friendship In Ghost World, Elaina Gilley Jan 2025

Queer Form And Romantic Friendship In Ghost World, Elaina Gilley

Research Papers

No abstract provided.


Examining The Prevalence Of Food Insecurity Among Division 1 Collegiate Athletes, Amna Osman Jan 2025

Examining The Prevalence Of Food Insecurity Among Division 1 Collegiate Athletes, Amna Osman

Research Papers

No abstract provided.


Scholarly Program Notes Based On The Graduate Recital Of Emily Wadley, Emily Wadley Jan 2025

Scholarly Program Notes Based On The Graduate Recital Of Emily Wadley, Emily Wadley

Research Papers

No abstract provided.