Law Commons^™

Rural Renting: An Empirical Portrait Of Eviction, Cassie Chambers Armstrong, Christopher J. Ryan Jr.

University of Cincinnati Law Review

In this Study, we examine eviction from the renter’s perspective. Specifically, we seek to understand what factors influence the eviction process—and the likelihood it will result in a judgment against a renter—once a property owner initiates legal proceedings. To this end, we used records from 202,572 eviction cases filed by landlords in Kentucky state courts. We employed statistical modeling to determine what impacted whether each case ultimately ended in a judgment of eviction against the renter.

Many of our findings were novel, and they were staggering. We found that, holding all else equal, those living in rural areas were at …

The False Choice Between Digital Regulation And Innovation, Anu Bradford

Northwestern University Law Review

This Article challenges the common view that more stringent regulation of the digital economy inevitably compromises innovation and undermines technological progress. This view, vigorously advocated by the tech industry, has shaped the public discourse in the United States, where the country’s thriving tech economy is often associated with a staunch commitment to free markets. U.S. lawmakers have also traditionally embraced this perspective, which explains their hesitancy to regulate the tech industry to date. The European Union has chosen another path, regulating the digital economy with stringent data privacy, antitrust, content moderation, and other digital regulations designed to shape the evolution …

The Intangible Divide: Why Do So Few Firms Invest In Innovation?, James Bessen, Xiupeng Wang

Faculty Scholarship

Investments in software, R&D, and advertising have grown rapidly, now approaching half of U.S. private nonresidential investment. Yet just a few hundred firms account for almost all this growth. Most firms, including many large ones, regularly invest little in capitalized software and R&D, and this "intangible divide" has surprisingly deepened as intangible prices have fallen relative to other assets. Using comprehensive US Census microdata, we document these patterns and explore a variety of factors associated with intangible investment. We find that firms invest significantly less in innovation-related intangibles when their rivals invest more. One firm's investment can obsolesce rivals' investments, …

Law School News: Supporting Rhode Island's Aquaculture 9-23-2024, Andrew Clark, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

A Program To Improve The Efficiency And Quality Of Patent Examination, Keith N. Hylton, Madisyn Lynn Richards

Faculty Scholarship

In this article we suggest three novel amendments to U.S. patent law to increase efficiency and decrease costs. We first contend that while the assertion of invalid patents is detrimental because of anticompetitive effects, such competition concerns should place no duty upon applicants to disclose prior art at the outset. Additionally, we argue that to avoid resource waste, the USPTO should outsource prior art searches for certain applications, as in Japan. Finally, we propose a system where patentees have the option to elect to a patent box regime that reduces their taxes on patent profits substantially (e.g., from 21% to …

Is Distance From Innovation A Barrier To The Adoption Of Artificial Intelligence?, Jennifer Hunt, Iain Cockburn, James Bessen

Faculty Scholarship

Using our own data on Artificial Intelligence publications merged with Burning Glass vacancy data for 2007-2019, we investigate whether online vacancies for jobs requiring AI skills grow more slowly in U.S. locations farther from pre-2007 AI innovation hotspots. We find that a commuting zone which is an additional 200km (125 miles) from the closest AI hotspot has 17% lower growth in AI jobs’ share of vacancies. This is driven by distance from AI papers rather than AI patents. Distance reduces growth in AI research jobs as well as in jobs adapting AI to new industries, as evidenced by strong effects …

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

Returning Power To The Mashpee Wampanoag Tribe: Energy Policy And Tribal Autonomy, Nicolas Land-Kazlauskas

Capstone Collection

This policy brief addresses tribal autonomy, energy policy, and the resources of the Mashpee Wampanoag Tribe in Massachusetts. Tribal sovereignty has been a difficult and often painful area of discussion for many tribal communities. For generations, tribes have had to carefully navigate their interactions with colonial forces and the residues of colonialist legacies, especially tied to resource wealth and decision-making. Even with the best of efforts by the tribe, their actions often have not impacted the basic legal or economic situations on-the-ground. Their on-going relationships with states and companies continue to undermine tribal autonomy and sovereignty oftentimes simply because they …

Changes In Revenues Associated With Antimicrobial Reimbursement Reforms In Germany, Matt Mcenany, Kevin Outterson

Faculty Scholarship

Policy declarations from the G7 and other high-level meetings call for increased incentives for antimicrobial research and development (R&D). Governments fund push incentives like CARB-X and GARDP, and G7 countries are now designing pull incentives—financial rewards given to manufacturers post-market authorization that are intended to encourage the creation and introduction of novel antimicrobials. Germany has declared previously at the G7 that it has developed a pull incentive that will increase revenues from sales of important new antimicrobials, principally by exempting them from some aspects of health technology benefit assessments and reference pricing, which should result in higher prices. This policy …

The Law Of General Average, Luca Anderlini, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Part of a ship's cargo is jettisoned in order to save the vessel and the remaining cargo from imminent peril. How should the loss be shared among the cargo owners? The law of general average, an ancient principle of maritime law, prescribes that the owners share the loss proportionally according to the respective values of their cargo. We analyze whether the law of general average is a truthful and efficient mechanism. That is, we investigate whether it induces truthful reporting of cargo values and yields a Pareto efficient allocation in equilibrium. We show that the law of general average is …

Limits To Asset Manager Adaptation, Madison Condon

Faculty Scholarship

In Our Lives in Their Portfolios, Brett Christophers provides an account of the rise of ‘asset manager society’ – a world in which the infrastructures of public life are converted from public to private ownership. Here I use Christophers’ analysis to comment on growing calls for asset manager investment in climate adaptation. The asset manager business model requires ever-escalating returns, a poor fit with the now unavoidable losses that climate change promises to bring.

How Is Access To Legal Resources And Advocacy Foundational To Health Justice?, Yael Zakai Cannon

Georgetown Law Faculty Publications and Other Works

Health justice as a movement incorporates research about how to more effectively leverage law, policy, and institutions to dismantle inequitable power distributions and accompanying patterns of marginalization that are root causes of health inequity. Legal advocacy is key to health justice because it addresses patients’ health-harming legal needs in housing, public benefits, employment, education, immigration, domestic violence, and other areas of law. In medical-legal partnerships, lawyers and clinicians are uniquely positioned to jointly identify and remove legal barriers to patients’ health, advocate for structural reform, and build community power.

Dean Christiana Ochoa And 12 Maurer Alumni Named Indiana 250 Honorees, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

What do Indiana Fever star Caitlin Clark, record-setting racecar driver and team owner Michael Andretti, Indianapolis Colts owner Jim Irsay, broadcasting icon Pat McAfee, and Indiana Law Dean Christiana Ochoa have in common?

All are among this year’s list of Indiana 250 honorees, recognizing some of the most influential and impactful leaders across the state, a list that also includes a number of Maurer School of Law alumni.

“The evolution of the Indiana 250 over time is one of our favorite things about it—and the reason we update the list annually,” said Nate Feltman, CEO and owner of IBJ Media. …

The President’S Foreign Affairs Power Over Personal Data, Anupam Chander, Paul M. Schwartz

Georgetown Law Faculty Publications and Other Works

This Article reveals a surprising expansion of presidential authority to control goods and services available in the United States because of the information flows that they entail. Such authority is grounded in laws focused on protecting national security, here with respect to foreign surveillance and propaganda. But broad executive powers over our information infrastructure raises significant concerns with respect to core American values of free expression and due process. Worries about unfettered foreign access to data should be coupled with worries about unfettered executive control over our information services and technologies.

Whistle-Blowing And The Incentive To Hire, Jef De Mot, Murat C. Mungan

Faculty Scholarship

We consider a previously neglected cost of whistle-blower awards: employers may base their hiring decisions, on the margin, not on the productivity of an employee but rather on the probability that the employee will become a whistle-blower. We develop a three-stage model to examine how productivity losses due to distortions at the hiring stage influence optimal whistle-blower rewards. We characterize optimal rewards for whistle-blowing, and show that when rewards can be chosen according to either the benefits of the employer from offending or the productivity of the worker being hired, productivity-based rewards are superior to benefit-based rewards.

A Second Look: Local Labor Markets And The Impact Of Ban The Box Policies After Criminal Legal Involvement, Benjamin David Pyle

Faculty Scholarship

This paper estimates the impact of labor demand on the employment and recidivism outcomes of released prisoners. Higher labor demand at release generates higher earnings and lower recidivism. Reduced recidivism persists after controlling for the observed labor market outcomes of the returning cohort, suggesting that labor demand impacts crime through channels beyond the direct formal employment of returning prisoners. Difference-in-differences based evidence suggests Ban the Box (BTB) policies delaying when employers can ask about criminal records improve labor market outcomes and lower recidivism for misdemeanor defendants. Evidence for felony defendants and returning prisoners is mixed but suggestive of similar patterns.

Everybody Wants To Rule The World: Central Bank Digital Currencies In The Era Of Decoupling The World’S Two Largest Economies, James M. Cooper

Washington Journal of Law, Technology & Arts

Some 130 central banks around the world are experimenting with various levels of a central bank digital currency (“CBDC”), a digitized form of a sovereign-backed, national currency that is a liability of that country’s central bank. Unlike fiat currency, CBDCs are trackable and potentially subject to interference and even freezing by government authorities. CBDCs will affect citizens’ control over commerce, payments, and savings, and impact their privacy rights. The Chinese government has piloted, refined, and rolled out its own CBDC called the Digital Currency/Electronic Payment initiative (“DC/EP”), also known as the digital yuan or e-CNY. The Chinese government is far …

Navigating The Nexus: Competition Law, Data Privacy, And Regulatory Challenges In The Digital Economy, Aalaa Tarek El Gohary

Theses and Dissertations

Competition law and data privacy meet at a crucial point in the growing digital economy, making it essential to delve into their intricate relationship. This thesis investigates how competition law and data protection law interact within the digital market. It examines how data protection regulations influence market dynamics and competition, and how competition law affects data processing and individual rights during the digital transformation. By thoroughly exploring key themes, such as historical context, current challenges, and regulatory responses, this research aims to shed light on the changing regulatory landscape and its impact on future frameworks in the digital era. The …

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Starbucks Workers United And The Future Of American Labor Activism, Sophia Drake Braymen

Honors Projects

This essay explores the goals, motivations, and methods of Starbucks Workers United (the campaign of the labor union Workers United that is aimed at organizing Starbucks employees), as well as the Starbucks Company’s response to it. The analysis is informed by the author’s interviews with both a Workers United organizer and a Starbucks corporate employee. This essay explores the position of Starbucks Workers United within the broader history of American labor activism and our current epoch of union decline, as well as what the recent breakthrough in cooperation between Workers United and Starbucks means for American workers going into the …

Still Not At All: Environmental Sustainability In The Supreme Court, James R. May

UMKC Law Review

Some predicted that the Court and litigants would make sustainability principles juridically relevant. Yet this article takes a fresh look and finds express invocation of sustainability still lacking not only in the U.S. Supreme Court but virtually throughout the U.S. federal judicial system comprised of the Supreme Court, 13 federal appellate courts, and 94 federal district courts. Part II tells the story of sustainable development's continued march as a legal principle. Part III engages sustainability jurisprudence before the U.S. Supreme Court and otherwise in the federal court system. It concludes that not only the U.S. Supreme Court but the entire …

Egypt’S Legal Modernism: Challenging The National Discourse, Mohamed A. El-Deeb

Theses and Dissertations

Egypt’s legal modernity is the story of the modern Egyptian state itself. Reforming the country’s judiciary in the late nineteenth century was meant to achieve ambitious aims beyond the functionality of a justice system. The utmost goal was the country’s independence from the suzerainty of the Ottoman Empire. The judicial reforms modernized the Egyptian state and built a judiciary and legal community like no other place. Egypt achieved its independent judiciary before gaining its political independence. That was a remarkable achievement of the judicial reform. That rich part of Egypt’s modern history is negated and disregarded from public awareness. Not …

Labor Law, Ownership, And The Firm, Sanjukta Paul

Law & Economics Working Papers

Labor law has its own working theory of the business firm, not derivable from another area of law. This "theory of the firm," which the affirmative provisions of labor law are taken to both modify and preserve, is more overtly hierarchical than in other areas. This is true across the main functional domains of labor law: union formation; expressive and associational rights; and the scope of collective bargaining. A rich vein of existing scholarship deals with both hierarchy and deference to property within labor law. The arguments of this essay emerge from considering these aspects of labor law in conjunction …

Preference Conflict And Peace Studies: The Line Between Disagreement And Violence, Frederic R. Kellogg

Peace and Conflict Studies

Broadening the definition of conflict defines more comprehensively the condition of peace, focusing on how unresolved shared disagreements can lead to, or avoid, polarization and violence. The line between general disagreement and violent conflict lies in the adjustment of shared preferences. Matters like reproductive rights, medically assisted death, race and gender discrimination, while subject to political polarization, are open to peaceful redress through what John Dewey called the transformative continuum of inquiry, in which the crucial social response to shared problems includes dispute and conflict. Resolution of controversial social problems requires preference adjustment and habit change, often, if not always, …

Beyond Amateurism: Examining The Potential Labor Expenses Of Ncaa Student-Athlete Employment, Alayna K. Falak

Honors Thesis

In light of recent administrative developments urging the classification of student-athletes as employees, litigation challenging the current status of student-athletes, and the Supreme Court’s willingness to tackle National Collegiate Athletic Association (NCAA) issues, many questions surrounding the future of college sports under an employment model have emerged. The authors analyzed key litigation, recent developments from administrative agencies, and academic literature. Then publicly available data was used from the NCAA, the United States Department of Labor (DOL), and other sources to construct two estimates of what it would cost the NCAA member institutions to treat their Division I athletes as employees. …