Law Commons^™

Legal Fundamentals And Key Issues For Establishing International Ocean Carbon Sink Organization, Qilong Liao

World Maritime University Dissertations

No abstract provided.

Community Development Agreements: The Hardening And Evaluation Of A Norm, Luka G. Petrusevski

Electronic Thesis and Dissertation Repository

Large scale mining projects generate highly variable outcomes. Proponents of mining cite benefits including job creation and revenue generation, while critics point to adverse social and economic impacts borne by mining-proximate communities. Community-based concerns about mining operations have raised ethical and social justice considerations relating to human-rights and consent. Community development agreements (CDAs) have emerged as an increasingly common tool to address such concerns and facilitate the delivery of tangible benefits from mining operations to affected communities. The effectiveness of CDAs, however, varies widely depending on the negotiated provisions and their implementation. This work contributes to the understanding of CDAs …

Selling Antitrust, Herbert J. Hovenkamp

All Faculty Scholarship

Antitrust enforcers and its other defenders have never done a good job of selling their field to the public. That is not entirely their fault. Antitrust is inherently technical, and a less engaging discipline to most people than, say, civil rights or criminal law. The more serious problem is that when the general press does talk about antitrust policy it naturally gravitates toward the fringes, both the far right and the far left. Extreme rhetoric makes for better press than the day-to-day operations of a technical enterprise. The extremes are often stated in overdramatized black-and-white terms that avoid the real …

Crime Reduction And Reformation In South Carolina: An Analysis Of Sb 1154, Matthew Torres

All Theses

This thesis evaluates the policy response to the criminal justice crisis of South Carolina, Senate Bill (SB) 1154, dubbed the Omnibus Crime Reduction and Sentencing Reform Act of 2010. SB 1154 adopted a series of “common sense” reforms, including new charges constituting as violent crimes, redefined sentences in the form of reduced penalties and harsher penalties for nonviolent and violent crimes respectively, mandated supervision of individuals on probation or parole, and credit programs for early release of inmates among other provisions intended to reduce inmate population, recidivism and violent crime rates.

I examine three key factors: inmate, imprisonment and violent …

Masthead 2022, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.

Letter From The Editor 2022, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.

Volume I | Issue Iv | 2022, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.

Triple (Identity) Threat: Multi-Layered National Identity Appeals In Republican Political Narratives During The 2016 And 2020 Presidential Elections, Brita Mackey

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

National identity, as a broadly constituted social identity category, has been shown to hold power both as a source of political mobilization and as an enforcer of democratic stability. In recent years, Republican voters have reported stronger national attachments than Democrats, perhaps due to national identity’s longstanding implicit associations with white racial identity – and the rising prominence of multiculturalist and globalist ideologies in recent decades. In light of such findings, I propose that the rhetoric of Republican political elites may function to further exacerbate a stronger sense of national identity among their base by appealing to conjoined national and …

Econometric Analysis Of The Relationship Between Domestic Economic Growth And Levels Of Inflow Of Remittances In Developing Countries, Mihail Naskovski

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

The international global migration has produced an exponential growth of remittances, which can be defined as the transfer of funds from one country to another. This study will inspect the macroeconomic impact of remittance inflow on economic growth using panel regression, covering the period from 1981 to 2020 and focusing on a sample of 152 countries, then filtered by 4 geographical regions for additional analysis. Like many studies before, a consensus about an overall effect of the flows on global level could not be reached from his study following the analysis of the general sample. However, on a more specific …

Identifying Potential Pork-Barrel Legislation Using Machine Learning: A Preliminary Analysis, Sunil Green

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

Pork-barrel legislation has been criticized by some as an excessive and potentially corrupt use of Congressional appropriations. The task of finding the specific parts of legislation that have been “pork-barreled”, however, requires many hours of labor by policy researchers. Using data from government watchdogs and machine learning algorithms, the research explores the idea of creating a model to flag specific line items of appropriations bills for policy researchers to further explore as potential pork-barrel legislation. The model constructed uses data from the Earmark Database by Taxpayers for Common Sense, and the Congressional Pig Book by Citizens Against Government Waste to …

Conservatism, Collaboration, And Capacity: Political Explanations For Canada’S Shift In Immigrant Admissions Logic, Jaidyn Appel

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

Canada is often regarded as the United States’ friendlier neighbor to the north, but how welcoming is it really? A critical analysis of immigration and citizenship policy throughout Canadian history reveals that Canada may not be the inclusive member of the world community it is often conceptualized as. This paper examines some of the recent key changes in Canadian immigration policy and their broader contexts, while benchmarking the policies against two leading scholars' thoughts on how the relative presence of certain political ideologies in a country drives its immigration policies to the left or right of the political spectrum. As …

Studying The Economic Impact Of The Demonetization Across Indian Districts, Arnav Joshi

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

This thesis studies the economic impact of the Indian demonetization which was a unique monetary event that made 86.9 percent of the total currency in circulation illegal tender overnight. The decision to demonetize high-value currency notes was taken by the Indian government on November 8th, 2016, leading to a severe shortage of cash. This thesis tries to analyze how the impact of the demonetization differed across districts in India and how the characteristics of those districts pertaining to education, electricity and tap water access, employment, and technology access can help explain these differences. The thesis uses satellite data on human-generated …

Bias In The Jury Box: The Sociological Determinants Of Jury Selection For Capital Cases In North Carolina, Alessandra Quattrocchi

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

An evaluation of four Wake County capital cases from 2014-2018 reveals the disparate effects that the jury selection process had on Black and female potential jurors and especially on Black female potential jurors. The requirement that capital jurors be willing and able to sentence death systematically excluded Blacks and females, with Black females excused for this reason at a rate over three times higher than White males. Black potential jurors not struck for death qualification were disproportionately excluded by prosecutorial peremptory strikes at a rate nearly two times greater than Whites. Final analyses conclude that Black females had significantly lower …

Early Childhood Intervention And Income Inequality: An Analysis On The Intergenerational Mobility Of Head Start Participants, Paul Hinton

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

The Head Start program is an early childhood intervention program funded by the federal government. Designed for low-income families, it promotes school readiness among its participants. In my research, I examine the effects of Head Start on the intergenerational mobility of its participants. Using data from the National Longitudinal Survey of Youth (NLSY79) and the NLSY Child and Young Adult Supplement (CNLSY), I measure the degree of earnings persistence between parents and their children for students in preschool and Head Start. I find that participation in Head Start is associated with an increase in mobility, which remains true after controlling …

“Pure People” And “Corrupt Elites:” Corruption Talk In The 2020 Election, Milan Loewer

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

The word “corruption” has two separate but interrelated meanings. The first kind of corruption refers specifically to an abuse of public office for private gain; the second is broader and indicates a disjunction between a political reality and the ideal to which that reality ought to conform. This paper explores the role of various forms of “corruption talk” in the 2020 presidential election. The first part of the paper examines the “supply side,” looking at the kinds of “corruption narratives” that politicians offered in 2020. Using natural language processing, I analyze how Joe Biden, Donald Trump, and Bernie Sanders spoke …

The Religious Seculars: How Does Yom Kippur Impact Electoral Turnout?, Gall Sigler

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

Does Yom Kippur impact electoral turnout in religious and secular Jewish communities in Israel? By collecting data on electoral behavior in elections to local councils from 1983 to 2018 in Jewish-secular, Jewish-religious and non-Jewish municipalities, this research attempts to elucidate the relationship between the communal Yom Kippur experience and electoral turnout. This research finds that the Yom Kippur experience appears to decrease turnout in secular municipalities, while no statistically significant impact was observed in religious municipalities. Research on the psychological significance of novelty and religious events, as well as ethnographic analysis of Israel, suggests that the Yom Kippur experience undermines …

President Biden's Executive Order On Competition: An Antitrust Analysis, Herbert J. Hovenkamp

All Faculty Scholarship

In July, 2021, President Biden signed a far ranging Executive Order directed to promoting competition in the American economy. This paper analyzes issues covered by the Order that are most likely to affect the scope and enforcement of antitrust law. The only passage that the Executive Order quoted from a Supreme Court antitrust decision captures its antitrust ideology well – that the Sherman Act:

rests on the premise that the unrestrained interaction of competitive forces will yield the best allocation of our economic resources, the lowest prices, the highest quality and the greatest material progress, while at the same time …

Protecting The Sovereign's Money Monopoly, Gary B. Gordon, Jeffery Zhang

Law & Economics Working Papers

Sovereign states have had a monopoly over the production of circulating currencies for well over a century. Governments, not private entities, issue circulating currencies. Indeed, in 1986, Milton Friedman and Anna Schwartz declared that “[t]he question of government monopoly of hand-to-hand currency is likely to remain a largely dead issue.” The advent of stablecoins—privately issued digital money that are pegged to fiat currencies like the U.S. dollar or the Euro—raises the question of the money monopoly from the grave.

Why did sovereign money monopolies come into existence in the 19th and 20th centuries? Should circulating private money coexist once again …

Color Of Creatorship - Author's Response, Anjali Vats

Articles

This essay is the author's response to three reviews of The Color of Creatorship written by notable intellectual property scholars and published in the IP Law Book Review.

A Hague Parallel Proceedings Convention: Architecture And Features, Paul Herrup, Ronald A. Brand

Articles

In Paul Herrup and Ronald A. Brand, A Hague Convention on Parallel Proceedings, 63 Harvard International Law Journal Online 1(2022), available at https://harvardilj.org/2022/02/a-hague-convention-on-parallel-proceedings/ and https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3894502, we argued that the Hague Conference on Private International Law should not undertake a project to require or prohibit exercise of original jurisdiction in national courts. Rather, the goal of current efforts should be to improve the concentration of parallel litigation in a “better forum,” in order to achieve efficient and complete resolution of disputes in transnational litigation. The Hague Conference is now taking this path. As the Experts Group and Working Group …

Too Much Of A Good Thing? A Governing Knowledge Commons Review Of Abundance In Context, Michael J. Madison, Brett M. Frischmann, Madelyn Sanfilippo, Katherine J. Strandburg

Articles

The economics of abundance, along with the sociology of abundance, the law of abundance, and so forth, should be re-framed, linked, and situated in a common context for empirical rather than conceptual research. Abundance may seem to be a new, big thing, between anxiety over information overload, Big Data, and related technological disruptions. But scholars know that abundance is an ancient phenomenon, which only seemed to disappear as twentieth century social science focused on scarcity instead. Restoring the study of abundance, and figuring out how to solve the problems that abundance might create, means shedding disciplinary blinders and going back …

Municipal Fiber In The United States: A Financial Assessment, Christopher S. Yoo, Jesse Lambert, Timothy P. Pfenninger

All Faculty Scholarship

Despite growing interest in broadband provided by municipally owned and operated fiber-to-the-home networks, the academic literature has yet to undertake a systematic assessment of these projects’ financial performance. To fill this gap, we utilize municipalities’ official reports to offer an empirical evaluation of the financial performance of every municipal fiber project in the U.S. operating in 2010 through 2019. An analysis of the actual performance of the resulting fifteen-project panel dataset reveals that none of the projects generated sufficient nominal cash flow in the short run to maintain solvency without infusions of additional cash from outside sources or debt relief. …

Antitrust Liability For False Advertising: A Response To Carrier & Tushnet, Susannah Gagnon, Herbert J. Hovenkamp

All Faculty Scholarship

This reply briefly considers when false advertising can give rise to antitrust liability. The biggest difference between tort and antitrust liability is that the latter requires harm to the market, which is critically dependent on actual consumer response. As a result, the biggest hurdle a private plaintiff faces in turning an act of false advertising into an antitrust offense is proof of causation – to what extent can a decline in purchase volume or other market rejection be specifically attributed to the defendant’s false claims? That requirement dooms the great majority of false advertising claims attacked as violations of the …

A Lesson From Startups: Contracting Out Of Shareholder Appraisal, Jill E. Fisch

All Faculty Scholarship

Appraisal is a controversial topic. Policymakers have debated the goals served by the appraisal remedy, and legislatures have repeatedly revised appraisal statutes in an effort to meet those goals while minimizing the cost and potential abuse associated with appraisal litigation. Courts have struggled to determine the most appropriate valuation methodology and the extent to which that methodology should depend on case-specific factors. These difficulties are exacerbated by variation in the procedures by which mergers are negotiated and the potential for conflict-of-interest transactions.

Private ordering offers a market-based alternative to continued legislative or judicial efforts to refine the appraisal remedy. Through …

Government By Code? Blockchain Applications To Public Sector Governance, Pedro Bustamante, Meina Cai, Marcela Gomez, Colin Harris, Prashabnt Krishnamurthy, Wilson Law, Michael J. Madison, Ilia Murtazashvili, Jennifer Brick Murtazashvili, Tymofiy Mylovanov, Nataliia Shapoval, Annette Vee, Martin B. H. Weiss

Articles

Studies of blockchain governance can be divided into analyses of the governance of blockchains (such as rules and power dynamics within a given network) and governance by blockchains (such as how blockchains can be implemented to improve self-governance of community-based peer production networks). Less emphasis has been placed on applications of distributed ledgers to public sector governance. Our review clarifies that the decentralization and distributive features that enable blockchains to link up loosely connected private organizations and public agencies to improve efficiency and transparency of government transactions. However, most blockchain applications lack clear advantages over the conventional digital recording of …

The Role Of Data For Ai Startup Growth, James Bessen, Stephen Michael Impink, Lydia Reichensperger, Robert Seamans

Faculty Scholarship

Artificial intelligence (“AI”)-enabled products are expected to drive economic growth. Training data are important for firms developing AI-enabled products; without training data, firms cannot develop or refine their algorithms. This is particularly the case for AI startups developing new algorithms and products. However, there is no consensus in the literature on which aspects of training data are most important. Using unique survey data of AI startups, we find that startups with access to proprietary training data are more likely to acquire venture capital funding.

Interns And Institutions: Interactions Between Unpaid Interns And Public Policy, Hannah G. Waterman

Honors Projects

Political, and especially Congressional, internships are all but mandatory to launch a career in politics. This text examines the demographics of how these internships are dispersed, how they are paid, who is paid, and how this manifests in full-time Congressional staff demographics. Data shows that both paid and unpaid Congressional internships belong disproportionately to white students. Top staff in the House of Representatives is similarly disproportionately white. The text also examines the inherent danger of working in Congress and the broader case for paid internships.

Law And Decisions In Corporations, Xinyu Hou

Arts & Sciences Electronic Theses and Dissertations

This dissertation studies the impact of corporate laws and bankruptcy laws on decisions in corporationsfrom a theoretical perspective. Chapter 1 studies the impact of liability rules on firms’ choices of care (affecting the frequency of tort damages) and scale (level of output) at the extensive and intensive margins. Chapter 2 focuses on gambling using derivatives, made more available by recent changes in the bankruptcy law granting repos and other derivatives “superpriority,” which is exemption from the automatic stay and clawback in bankruptcy.

Limited liability is a birth right given by law to corporations, LLCs, and to differing extents specialforms of …

Antitrust Philosophy And Its Impact On Rural Industry, Logan Gary Johnson

Honors Thesis

The United States is a nation steeped in values, and tradition. One of these values has always been the preservation of competition in the pursuit of liberty. The philosophical backing of America’s founding can be traced back to a handful of European thinkers, most notably John Locke. The connection between Locke, America’s founding, and continued struggles with antitrust enforcement are worthy of exploration. Though likely unintentional, rural communities have been left to deal with the impacts of weak antitrust enforcement in a number of key sectors. Chief of which is Agriculture. Consolidation is the new norm, with each stage of …

The Evolution Of Fiscal Impact Analysis And Where It Needs To Go, L. Carson Bise, Colin Mcaweeney

Journal of Comparative Urban Law and Policy

Communities need analytical tools and technical support to assess and balance multiple priorities when making land use and development decisions. For many communities, priorities to be considered regarding land use decisions include resource conservation and climate adaptation, economic development, investing in new versus existing communities, and maintaining fiscal responsibility. This article examines the historical use of fiscal impact analysis and some thoughts on where the field should go in the future.