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The Role Of Socioemotional Wealth In Entrepreneurial Persistence Decisions For Family Businesses, Dalong Ma, E. Shaunn Mattingly, Trayan N. Kushev, Manju K. Ahuja, Andrew S. Manikas

Management Faculty Publications and Presentations

Many factors may influence entrepreneurial persistence in various contexts. For example, scholars find that family business entrepreneurs are more persistent than other entrepreneurs. However, the reasons why they are more persistent are not as well known. Utilizing a conjoint experiment with 64 entrepreneurs and 376 decisions, this paper examines the influence of socioemotional wealth (SEW) on persistence decisions in a family business context. The results of the Hierarchical Linear Modelling show that the expected financial returns, expected non-financial benefits, expected switching costs, and probability of expected outcomes influence entrepreneurial persistence decisions. Further, family business entrepreneurs with higher levels of SEW …

Most Favored Racial Hierarchy: The Ever-Evolving Ways Of The Supreme Court’S Superordination Of Whiteness, David Simson

Michigan Law Review

This Article engages in a critical comparative analysis of the recent history and likely future trajectory of the Supreme Court’s constitutional jurisprudence in matters of race and religion to uncover new aspects of the racial project that Reggie Oh has recently called the “racial superordination” of whiteness—the reinforcing of the superior status of whites in American society by, among other things, prioritizing their interests in structuring constitutional doctrine. This analysis shows that the Court is increasingly widening the gap between conceptions of, and levels of protection provided for, equality in the contexts of race and religion in ways that prioritize …

Active Independent Directors And Earnings Quality, Yuanto Kusnadi, Bin Srinidhi

Research Collection School Of Accountancy

We examine the relationship between active independent directors and earnings quality for U.S. firms. We construct measures that proxy for activeness of independent directors and find that the proportion of active independent directors is under half on average. Our finding shows that earnings quality increases with the percentage of active independent directors on the board. Once the active independent directors are separated out, the other independent directors do not have any effect on earnings quality. This finding supports the hypothesis that the activeness of independent directors is incrementally significant over just the proportion of independent directors for the quality of …

Getting Into Equity, Samuel L. Bray, Paul B. Miller

Notre Dame Law Review

For two centuries, common lawyers have talked about a “cause of action.” But “cause of action” is not an organizing principle for equity. This Article shows how a plaintiff gets into equity, and it explains that equity is shaped by the interplay of its remedial, procedural, and substantive law. Equity is adjectival, that is, it modifies law rather than the other way around. Its power comes from remedies, not rights. And for getting into equity, what is central is a grievance. To insist on an equitable cause of action is to work a fundamental change in how a plaintiff gets …

Equity's Atrophy, Andrew Kull

Notre Dame Law Review

Current U.S. law sees numerous decisions from which a once- predictable, traditional equitable corrective has simply disappeared. The salient cases are those in which, until recently—recent history for this purpose comprising just one or two generations of lawyers and judges—equitable intervention would have been at least highly likely: because the unmodified legal outcome diverges so plainly from equity and good conscience, and because an established equitable response was part of what everybody knew. The idea that equity in U.S. law has been losing some previous degree of vitality is so venerable that it can scarcely be debatable at this point,11 …

Standing, Equity, And Injury In Fact, Ernest A. Young

Notre Dame Law Review

This contribution to the Notre Dame Law Review’s annual Federal Courts Symposium on “The Nature of the Federal Equity Power” asks what the traditions of equity can tell us about Article III standing. I take as my point of departure the observation by Professors Sam Bray and Paul Miller, in their contribution to the Symposium, that equity does not have causes of action as such—or at least not in the same way as actions at law. This is potentially important for standing, as many academic critiques of the Supreme Court's standing jurisprudence have argued that standing should turn on …

Constitutional Tolling And Preenforcement Challenges To Private Rights Of Action, Michael T. Morley

Notre Dame Law Review

A person wishing to challenge the constitutionality of a law that regulates their conduct typically may sue the government official responsible for enforcing that provision for declaratory and injunctive relief pursuant to Ex parte Young. This approach is generally unavailable, however, when a plaintiff seeks preenforcement relief against laws that are enforceable exclusively through a private right of action. In such cases, there is no government official against whom to bring a typical Young claim, and constraints such as sovereign immunity and justiciability requirements often pose insurmountable obstacles. A person subject to an apparently unconstitu-tional law that is enforced …

Equity And The Sovereign, Mila Sohoni

Notre Dame Law Review

Equity traces its genesis to kingly power. But the new American constitutional order shattered the crown and left equity unanchored. Who or what, if anything, inherited the role of the sovereign in federal equity? Is the sovereign the executive branch—or is it Congress? Is it “the United States” or “the people of the United States”? However we conceive of the sovereign, is the sovereign entitled to special deference in a federal court of equity—or to the reverse?

Federal courts have not arrived at consistent answers to these puzzles. They have vacillated on who the sovereign is. And they have vacillated …

Abstaining Equitably, Fred O. Smith Jr.

Notre Dame Law Review

The doctrine of Younger abstention—which counsels federal courts not to interrupt ongoing state criminal proceedings—balances dueling considerations. On the one hand, the doctrine preserves federal courts’ ability to exercise Congressionally conferred, properly invoked jurisdiction to prevent irreparable violations of the federal constitution. On the other, the doctrine provides space for autonomous state courts to carry out their traditional role in the realm of criminal justice. This Essay identifies four central features of the Younger doctrine that maintain this balance. By protecting these features, federal courts can ensure that Younger remains a doctrine of equitable restraint, instead of inequitable abdication.

First, …

Attorneys, E-Discovery, And The Case For 37(G), Marilyn G. Mancusi

Notre Dame Law Review

There are currently various sources of authority that federal courts can invoke to sanction attorneys who bungle their e-discovery obligations, but each is insufficient. All fifty states have their own rules authorizing courts within the state to refer misbehaving attorneys to the local disciplinary body, but each state’s rule is different, leading to much inconsistency and lack of uniformity among the federal courts. The Federal Rules of Civil Procedure (“FRCP”) address e-discovery abuse but do not authorize courts to impose sanctions on attorneys for their role in e-discovery abuse. This is a problem because attorneys have ethical and professional obligations …

The Case For Banning (And Mandating) Ransomware Insurance, Kyle D. Logue, Adam B. Shniderman

Articles

Ransomware attacks are becoming increasingly pervasive and disruptive, resulting in ransom demands becoming more exorbitant. Payments for ransom costs are increasingly being covered by insurance, which may offer coverage for a variety of cyber-related losses. Some commentators have expressed concern over this market phenomenon. Specifically, the concern is that the presence of insurance is making the ransomware problem worse based on the following theory: because there is ransomware insurance that covers ransom payments, and because paying the ransom is often far cheaper than paying the restoration and business interruption costs covered under the policy, there is an increased tendency to …

Jun. 2022, Wbip, Operating Procedures, Wbip

World Bank Inspection Panel 1994-Present

No abstract provided.

State Constitutional Law Declares Its Independence: Double Protecting Rights During A Time Of Federal Constitutional Upheaval, Scott L. Kafker

UC Law Constitutional Quarterly

No abstract provided.

History And Tradition Or Fantasy And Fiction: Which Version Of The Past Will The Supreme Court Choose In Nysrpa V. Bruen?, Saul Cornell

UC Law Constitutional Quarterly

No abstract provided.

Annual Report, Curriculum Committee, 2021-2022, Curriculum Committee

Curriculum Committee Minutes

No abstract provided.

Basic Concepts Of Structural Design For Architecture Students, Anahita Khodadadi

PDXOpen: Open Educational Resources

This book aims to narrate fundamental concepts of structural design to architecture students such that they have minimum involvement with math problem-solving. Within this book, students learn about different types of loads, forces and vector addition, the concept of equilibrium, internal forces, geometrical and material properties of structural elements, and rules of thumb for estimating the proportion of some structural systems such as catenary cables and arches, trusses, and frame structures.

Please see the Open Textbook Library for faculty reviews of this textbook

Adopt/Adapt
If you are an instructor adopting or adapting this PDXOpen textbook, please help us understand your …

Kids Are Not So Different: The Path From Juvenile Exceptionalism To Prison Abolition, Emily Buss

University of Chicago Law Review

Inspired by the Supreme Court’s embrace of developmental science in a series of Eighth Amendment cases, “kids are different” has become the rallying cry, leading to dramatic reforms in our response to juvenile crime designed to eliminate the incarceration of children and support their successful transition to adulthood. The success of these reforms represents a promising start, but the “kids are different” approach is built upon two flaws in the Court’s developmental analysis that constrain the reach of its decisions and hide the true implications of a developmental approach. Both the text of the Court’s opinions and the developmental and …

The Exception To Rule 12(D): Incorporation By Reference Of Matters Outside The Pleadings, Laura Geary

University of Chicago Law Review

Defendants frequently attach supporting materials to Rule 12(b)(6) motions to dismiss for failure to state a claim. The plain text of Federal Rule of Civil Procedure 12(d) dictates that judges must either exclude this material or treat the motion as one for summary judgment. However, a substantial exception has emerged that threatens to swallow the rule. The exception, called incorporation by reference, permits the consideration of outside materials when they are either referenced in the pleadings, central to the claim, or sometimes both. Courts have defined these elements differently and have diverged in their understandings of the doctrine. Incorporation by …

In Need Of Better Material: A New Approach To Implementation Challenges Under The Idea, Annie Kors

University of Chicago Law Review

The Individuals with Disabilities Education Act (IDEA) provides a substantive guarantee to a “free appropriate public education” (FAPE) to students with disabilities. The education is to be provided “in conformity with” an “individualized education program” (IEP): an educational plan for the student that is created through a statutorily defined process. Scholars and courts have focused tremendous attention on the level of educational quality that an IEP must offer to meet the IDEA’s requirements. But the creation of an adequate plan is, of course, not the end of the story; the school district then has to implement the plan. This leaves …

The Constitutionality Of Orthodoxy: First Amendment Implications Of Laws Restricting Critical Race Theory In Public Schools, Dylan Salzman

University of Chicago Law Review

The past two years have seen a proliferation of state laws that restrict how race may be discussed in public schools. Among other topics, these laws commonly ban presentation of the viewpoint that the U.S. government—or legal system—is racist. But such policies raise important First Amendment questions: while it is well accepted that school boards and state legislatures retain great discretion to promulgate curricula, the exact scope of that authority is unclear. The Supreme Court case most closely related to this question, Hazelwood School District v. Kuhlmeier, addresses only when school districts may permissibly regulate student speech in curricular contexts. …

Principles Of Home Rule For The 21st Century, National League Of Cities

North Carolina Law Review

No abstract provided.

Do Local Governments Really Have Too Much Power? Understanding The National League Of Cities' Principles Of Home Rule For The 21st Century, Nestor M. Davidson, Richard C. Schragger

North Carolina Law Review

No abstract provided.

Local Budgets, Local Decisions: The Home Rule For The 21st Century Project's State Support For Local Democracy Provisions, Erin Adele Scharff

North Carolina Law Review

No abstract provided.

Redemption Localism, Daniel Farbman

North Carolina Law Review

No abstract provided.

Plant Growth And Defense Traits In Sorghum Bicolor’S Response To Chilo Partellus In The Tropics, Adekunle W. Adesanya, Maria Isabel Gomez, Kimberly Morrell, Charles Midega, Zeyaur Khan, André Kessler, Katja Poveda

All Peer-Reviewed Publications

In order to meet the increasing demands from an exploding human population, sustainable agriculture relies on the availability of crop varieties with high yields and optimal defenses to pests. However, ample work has suggested that domesticated plants could have reduced defenses at the expense of increased biomass or yield, and these potential trade-offs can vary among plant species and genotypes. Herbivory coping mechanisms such as tolerance and resistance can be expressed differently among plant genotypes, with variable relationships and inherent fitness costs. Knowledge of the connection between growth and defense mechanisms in cultivated plants is still limited, especially in tropical …

Nationalism In The ‘Nation Of Immigrants’: Race, Ethnicity, And National Attachment, Joe R. Tafoya, Álvaro José Corral, David L. Leal

Political Science Faculty Publications

This paper compares nationalist attitudes among Whites, Latinos, and African Americans. The research on nationalism and national attachment draws varied conclusions about how race and ethnicity structure such attitudes; some find that Whites have the strongest views, while others see more similarities than differences. Using the General Social Survey of 2014, we examine three separate dimensions of nationalism: American nationalism, American national identity, and American national pride. We test for differences across race and ethnicity as well as how such attitudes structure opinions about immigrants. Despite some expectations in the literature that views might vary by group, we generally find …

Development Of Probabilistic Failure Pressure Models For Pipelines With Single Corrosion Defect, Kiswendsida J. Kere, Qindan Huang

Civil and Environmental Engineering Faculty Research and Publications

Many models have been developed in the past to predict the failure pressure of a pipeline with a single corrosion defect. However, most of the existing models are conservative and may lead to unnecessary repairs and maintenance in the pipeline risk management. The aim of this study is to develop probabilistic failure pressure prediction models that are suitable for risk assessment of corroded pipelines. The proposed models are developed at three levels of pipe ultimate strength based on a comprehensive database (consist of both experimental and numerical data) established in this study. When comparing with the existing models, it is …

Faq On The New York State Equality Amendment, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

Adopted in 1938, the New York State Constitution’s equality protections fall far short of a modern notion of equality that would protect the rights of all New Yorkers. Legislation currently pending in the New York Legislature would update the state’s constitution by prohibiting forms of discrimination that are currently unrecognized by the law.

Statement From Columbia Law School’S Center For Gender And Sexuality Law On The Supreme Court Decision Overruling The Constitutional Right To Abortion, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

The Supreme Court opinion in Dobbs v. Jackson Women’s Health Organization signals a major break with at least three generations of constitutional law. This opinion eliminates not only constitutional protections for abortion, but well-settled legal principles on which fundamental rights have rested for over 60 years. “Within a 24-hour period the Supreme Court ruled on the one hand that abortion rights are a local issue to be decided by each state independently, while on the other, states are barred from making local decisions about how to regulate guns,” said Katherine Franke, James L. Dohr Professor of Law and Director of …

Hand In Hand, Summer 2023

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