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Full-Text Articles in Law

Gamestop And The Reemergence Of The Retail Investor, Jill E. Fisch Oct 2022

Gamestop And The Reemergence Of The Retail Investor, Jill E. Fisch

Faculty Scholarship at Penn Carey Law

The GameStop trading frenzy in January 2021 was perhaps the highest profile example of the reemergence of capital market participation by retail investors, a marked shift from the growing domination of those markets by large institutional investors. Some commentators have greeted retail investing, which has been fueled by app-based brokerage accounts and social media, with alarm and called for regulatory reform. The goals of such reforms are twofold. First, critics argue that retail investors need greater protection from the risks of investing in the stock market. Second, they argue that the stock market, in term, needs protection from retail investors. …


An Exploratory Multiple Case Study Of Discipline Practices In A Major Metropolitan Public School District: A Look Into The School To Prison Pipeline, Neil French, Kristin Calvert-French, Phyllis Jackson, Erin King Jul 2022

An Exploratory Multiple Case Study Of Discipline Practices In A Major Metropolitan Public School District: A Look Into The School To Prison Pipeline, Neil French, Kristin Calvert-French, Phyllis Jackson, Erin King

Dissertations

The school to prison pipeline is a phenomenon fed by exclusionary discipline practices that increase the likelihood that a student will have an interaction with the juvenile or criminal justice system at some time in their life; this phenomenon disproportionately affects Black students. Understanding the problem is key to slowing down the school to prison pipeline. This study of a school district in Missouri explores questions about how interpersonal relationships, implicit bias awareness, and school policies influence the learning environment, and how those factors relate to school discipline, which ultimately can lead to the school to prison pipeline. Drawing data …


President Biden's Executive Order On Promoting Competition: An Antitrust Analysis, Herbert J. Hovenkamp Jul 2022

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

Faculty Scholarship at Penn Carey Law

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 …


Municipal Fiber In The United States: A Financial Assessment, Christopher S. Yoo, Jesse Lambert, Timothy P. Pfenninger Jun 2022

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

Faculty Scholarship at Penn Carey Law

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. …


The Effects Of “No Pro Homo” Policies On Lgbtq+ Perceptions In The American South, Isabella L. Brocato Jun 2022

The Effects Of “No Pro Homo” Policies On Lgbtq+ Perceptions In The American South, Isabella L. Brocato

Honors Theses

Five states in the American South currently have “no pro homo” policies in place, while an increasing number of bills targeting discussions about sexuality and gender identity in public schools are being introduced to House floors around the country. Although there is extensive research on the ways in which these policies put the physical and mental well-being of LGBTQ+ students at risk, there is little to no research about how they shape public perceptions of the LGBTQ+ community collectively. With inspiration from Kenneth and Mamie Clark’s social science study cited in Brown v. Board of Education (1954), this study works …


A Lesson From Startups: Contracting Out Of Shareholder Appraisal, Jill E. Fisch Jun 2022

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

Faculty Scholarship at Penn Carey Law

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 …


A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas (Hpsas), Julia Mattingly, Sarah Belcher, Samuel C. Kessler May 2022

A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas (Hpsas), Julia Mattingly, Sarah Belcher, Samuel C. Kessler

Commonwealth Policy Papers

Years before the COVID-19 pandemic brought on a health care shortage in Kentucky, its rural areas were already struggling to obtain and attract primary care medical practitioners. Even though the number of medical school graduates in the U.S. has steadily increased throughout the years, there is a general disinterest in rural or small-town practice, and legislators throughout the country have pondered ways to address this issue plaguing communities. Versions of Preceptor Tax Incentive legislation in Kentucky have been proposed in the General Assembly to address care shortages in the state, however, all have been unsuccessful at truly targeting rural areas …


The Hard Work Is Worth It: Overcoming Unfavorable Determinants To Pass Pro-Immigrant Education Policy In A Conservative State Legislature, Megan Cardwell Godfrey May 2022

The Hard Work Is Worth It: Overcoming Unfavorable Determinants To Pass Pro-Immigrant Education Policy In A Conservative State Legislature, Megan Cardwell Godfrey

Graduate Theses and Dissertations

Immigrants, English learners (ELs), and culturally and linguistically diverse (CLD)students often lag behind their White, monolingual peers in academic achievement and English language proficiency. While there are policy solutions to improve academic and linguistic opportunities and outcomes for immigrant/EL/CLD students, such as implementing bilingual instructional models and increasing teacher diversity, these pro-immigrant policies can be hard to come by in some legislative contexts due to unfavorable economic, social, or political determinants. This qualitative case study analyzed the multifaceted political work that contributed to the passage of two pro-immigrant education policies in the Arkansas 93rd General Assembly: a bill for bilingual …


Public Policy, Economic Development, And Taxes: An Impact Analysis Of Business Incentive Strategies At The State And Local Level, Richard Nanney May 2022

Public Policy, Economic Development, And Taxes: An Impact Analysis Of Business Incentive Strategies At The State And Local Level, Richard Nanney

All Dissertations

In an effort to promote economic development, state-level policymakers have exercised discretion over the use of public money to incentivize subsidy packages for decades. Estimates suggest state governments spend approximately $50 billion annually on these initiatives. However, there has been little empirical research about the political and economic benefits received by local residents from these subsidy programs. This dissertation analyzes the effectiveness of state subsidy policy by considering induced economic spillover effects and population attrition rates. It examines how subsidy distribution is related to employment rates, average weekly wages, and population attrition. The project offers two methodological innovations. First, to …


China's Food Pagodas: Looking Forward By Looking Back?, Yifei Li, Dale Jamieson Apr 2022

China's Food Pagodas: Looking Forward By Looking Back?, Yifei Li, Dale Jamieson

Journal of Food Law & Policy

In this Article we provide a close analysis of the Chinese Dietary Guidelines – the Food Pagoda. Our focus on the dietary guidelines is motivated by two main considerations. First, the guidelines represent the most comprehensive, nationwide, state sponsored effort to educate the people of China about food. Like citizens in most countries, Chinese people are presented with numerous, often competing, messages from scientists, food gurus and online influencers. The dietary guidelines are different in that they are backed by an entire suite of governmental resources for nationwide dissemination through hospitals, schools, public billboards, TV and radio ads, among others. …


Deterioration Of The Tenth Amendment: Why Federalism’S Hierarchy Must Be Restored, Giana Depaul Apr 2022

Deterioration Of The Tenth Amendment: Why Federalism’S Hierarchy Must Be Restored, Giana Depaul

Helm's School of Government Conference

No abstract provided.


Washington State Sausage Making: Attempting To Measure The Efficiency Of The Legislature, Jonathon Church Apr 2022

Washington State Sausage Making: Attempting To Measure The Efficiency Of The Legislature, Jonathon Church

PPPA Paper Prize

This paper explores the validity and justification for using how a bill dies in the Washington State legislative process to better critique and measure government efficiency. The information was gathered through interviews with former and current members of the State Legislature and from first-hand experience while working as an intern during the 2022 legislative session. Part one of the paper utilizes multiple sources to present a detailed description of the various ways in which a bill can fail to make it through the legislative process during the regular session. Part two then expands on how these obstacles in a bill's …


Examining Legal Financial Obligations In Washington State, Bryan Lewis Apr 2022

Examining Legal Financial Obligations In Washington State, Bryan Lewis

PPPA Paper Prize

After criminal offenders are convicted of a crime, they must return to the court where a judge will determine their sentence. Sentencing often includes jail time, but it always includes monetary penalties, or Legal Financial Obligations (LFOs). There are many reasons these penalties are given, from restitution for the victims of criminal offenses, to providing government revenue and funding the court, to punishment for the offender. However, these fines, and the interest rates that come with them, often leave offenders with an enormous amount of debt. There are a lot of interests at stake when it comes to LFO sentencing …


Restrictions Of Human Rights On The Basis Of Public Welfare, Thomas Makoto Naruse Mar 2022

Restrictions Of Human Rights On The Basis Of Public Welfare, Thomas Makoto Naruse

Japanese Society and Culture

One of the basic principles of Japanese Constitution is respect for human rights. However, the Constitution stipulates “public welfare” in 4 Articles, and recognizes restrictions on human rights. From its text, it appears that human rights restrictions are widely recognized. The debate over public welfare has gone through several stages, and understanding has changed. The aim of this article is to introduce the meaning of “public welfare” in Japanese Constitution, and how it works. After introducing the flow of the theory, this article will examine how it functions as a basis for restrictions on human rights.


Why Aim Law Toward Human Survival, John William Draper Feb 2022

Why Aim Law Toward Human Survival, John William Draper

Librarian Scholarship at Penn Law

Our legal system is contributing to humanity’s demise by failing to take account of our species’ situation. For example, in some cases law works against life and supports interests such as liberty or profit maximization.

If we do not act, science tells us that humanity bears a significant (and growing) risk of catastrophic failure. The significant risk inherent in the status quo is unacceptable and requires a response. We must act. It is getting hotter. When we decide to act, we need to make the right choice.

There is no better choice. You and all your relatives have rights. The …


2022 Mlk Keynote Address: Eddie Glaude Jr. Pre-Event Presentation, Center For Social Equity & Inclusion, Eddie Glaude Jr. Jan 2022

2022 Mlk Keynote Address: Eddie Glaude Jr. Pre-Event Presentation, Center For Social Equity & Inclusion, Eddie Glaude Jr.

Martin Luther King, Jr. Series

One of the nation’s most prominent scholars, Eddie Glaude, Jr. is an author, political commentator, public intellectual and passionate educator who examines the complex dynamics of the American experience. His writings, including his most recent—the New York Times bestseller Begin Again: James Baldwin’s America and Its Urgent Lessons for our Own—take a wide look at Black communities, the difficulties of race in the United States and the challenges we face as a democracy.

In his writing and speaking, Glaude is an American critic in the tradition of James Baldwin and Ralph Waldo Emerson, confronting history and bringing our nation’s …


2022 Mlk Keynote Address: Eddie Glaude Jr. Presentation, Center For Social Equity & Inclusion, Eddie Glaude Jr. Jan 2022

2022 Mlk Keynote Address: Eddie Glaude Jr. Presentation, Center For Social Equity & Inclusion, Eddie Glaude Jr.

Martin Luther King, Jr. Series

One of the nation’s most prominent scholars, Eddie Glaude, Jr. is an author, political commentator, public intellectual and passionate educator who examines the complex dynamics of the American experience. His writings, including his most recent—the New York Times bestseller Begin Again: James Baldwin’s America and Its Urgent Lessons for our Own—take a wide look at Black communities, the difficulties of race in the United States and the challenges we face as a democracy.

In his writing and speaking, Glaude is an American critic in the tradition of James Baldwin and Ralph Waldo Emerson, confronting history and bringing our nation’s …


A Contentious Crop: Exploring The Regulatory Debate Of Solar Power Production Facilities In Kittitas County, Washington, Daphne Condon Jan 2022

A Contentious Crop: Exploring The Regulatory Debate Of Solar Power Production Facilities In Kittitas County, Washington, Daphne Condon

All Master's Theses

Between 2010 and 2018, Kittitas County, Washington faced an influx of Solar Power Production Facility (SPPF) proposals that challenged its traditional rural land management governance. Despite state support of decarbonized energy, variegated interpretations of project permitting procedures induced heated contentions amongst stakeholders. To explore this, this research constructs a multijurisdictional legal framework for SPPF advancement. It uses these laws to divulge the permitting processes of three case study projects founded in Kittitas County’s renewable energy history: The Wild Horse Wind Facility, the Iron Horse Solar Project, and the Columbia Solar Projects. Through a mixed methodology of project archival analysis and …


Towards A Psychological Science Of Abolition Democracy: Insights For Improving Theory And Research On Race And Public Safety, Cynthia J. Najdowski, Phillip Atiba Goff Jan 2022

Towards A Psychological Science Of Abolition Democracy: Insights For Improving Theory And Research On Race And Public Safety, Cynthia J. Najdowski, Phillip Atiba Goff

Psychology Faculty Scholarship

We call for psychologists to expand their thinking on fair and just public safety by engaging with the “Abolition Democracy” framework that Du Bois (1935) articulated as the need to dissolve slavery while simultaneously taking affirmative steps to rid its toxic consequences from the body politic. Because the legacies of slavery continue to produce disparities in public safety in the U.S, both harming Black people and the institutions that could keep them safe, psychologists must take seriously questions of history and structure in addition to immediate situations. In the present article, we consider the state of knowledge regarding psychological processes …


Cannibalizing The Constitution: On Terrorism, The Second Amendment, And The Threat To Civil Liberties, Francesca Laguardia Jan 2022

Cannibalizing The Constitution: On Terrorism, The Second Amendment, And The Threat To Civil Liberties, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article explores the links between internet radicalization, access to weapons, and the current threat from terrorists who have been radicalized online. The prevalence of domestic terrorism, domestic hate groups, and online incitement and radicalization have led to considerable focus on the tension between counterterror efforts and the First Amendment. Many scholars recommend rethinking the extent of First Amendment protection, as well as Fourth, Fifth, and Sixth Amendment protections, and some judges appear to be listening. Yet the Second Amendment has avoided this consideration, despite the fact that easy access to weapons is a necessary ingredient for the level of …


Pretrial Detention And The Value Of Liberty, Megan Stevenson, Sandra G. Mayson Jan 2022

Pretrial Detention And The Value Of Liberty, Megan Stevenson, Sandra G. Mayson

Faculty Scholarship at Penn Carey Law

How dangerous must a person be to justify the state in locking her up for the greater good? The bail reform movement, which aspires to limit pretrial detention to the truly dangerous—and which has looked to algorithmic risk assessments to quantify danger—has brought this question to the fore. Constitutional doctrine authorizes pretrial detention when the government’s interest in safety “outweighs” an individual’s interest in liberty, but it does not specify how to balance these goods. If detaining ten presumptively innocent people for three months is projected to prevent one robbery, is it worth it?

This Article confronts the question of …


Preliminary Damages, Gideon Parchomovsky, Alex Stein Jan 2022

Preliminary Damages, Gideon Parchomovsky, Alex Stein

Faculty Scholarship at Penn Carey Law

Historically, the law helped impecunious plaintiffs overcome their inherent disadvantage in civil litigation. Unfortunately, this is no longer the case: modern law has largely abandoned the mission of assisting the least well off. In this Essay, we propose a new remedy that can dramatically improve the fortunes of poor plaintiffs and thereby change the errant path of the law: preliminary damages. The unavailability of preliminary damages has dire implications for poor plaintiffs, especially those wronged by affluent individuals and corporations. Resource constrained plaintiffs cannot afford prolonged litigation on account of their limited financial means. Consequently, they are forced to either …


Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr. Jan 2022

Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr.

Faculty Scholarship at Penn Carey Law

This article summarizes key findings from the Japan Business Credit Project (JBCP), which involved more than 30 semi-structured interviews conducted in Japan from 2016 through 2018. It was inspired by important and previously unexplored questions concerning secured financing of movables (business equipment and inventory) and claims (receivables)—“asset-based lending” or “ABL.” Why is the use of ABL in Japan so limited? What are the principal obstacles and disincentives to the use of ABL in Japan? The interviews were primarily with staff of banks, but also included those of government officials and regulators, academics, and law practitioners. The article proposes reforms of …


Individualizing Criminal Law’S Justice Judgments: Shortcomings In The Doctrines Of Culpability, Mitigation, And Excuse, Paul H. Robinson, Lindsay Holcomb Jan 2022

Individualizing Criminal Law’S Justice Judgments: Shortcomings In The Doctrines Of Culpability, Mitigation, And Excuse, Paul H. Robinson, Lindsay Holcomb

Faculty Scholarship at Penn Carey Law

In judging an offender’s culpability, mitigation, or excuse, there seems to be general agreement that it is appropriate for the criminal law to take into account such things as the offender’s youthfulness or her significantly low IQ. There is even support for taking account of their distorted perceptions and reasoning induced by traumatic experiences, as in battered spouse syndrome. On the other hand, there seems to be equally strong opposition to taking account of things such as racism or homophobia that played a role in bringing about the offense. In between these two clear points, however, exists a large collection …


'Indirect Pathways Into Practice': Philippine Internationally Educated Nurses And Their Entry Into Ontario's Nursing Profession, Lualhati Marcelino Jan 2022

'Indirect Pathways Into Practice': Philippine Internationally Educated Nurses And Their Entry Into Ontario's Nursing Profession, Lualhati Marcelino

Theses and Dissertations (Comprehensive)

While there are several studies that highlight the quantitative and statistical profiles of internationally educated nurses (IENs) from the Philippines who migrate to countries throughout Asia, the Middle East, Europe, the United States and Canada, there is little research that delves deeply into the qualitative review and analysis of their experiences in their own words. This study addresses that gap by applying the transnational feminist concept of “global care chains” in a single case study design that explores the experience of nurses who migrated to Ontario through permanent and temporary immigration streams and were interviewed in 2011 to 2012 to …


Lessons Learned: William Nelson, Sandra Ward Dec 2021

Lessons Learned: William Nelson, Sandra Ward

Journal of Financial Crises

William Nelson was deputy director, Division of Monetary Affairs, at the Federal Reserve Board during the Global Financial Crisis of 2007–09 (GFC). As the nation’s central bank, chief financial regulator, and lender of last resort, the Federal Reserve Board took the lead in setting monetary policy and stabilizing the financial system during the crisis.

Nelson’s responsibilities at the Fed during the crisis included analysis of monetary policy and discount window policy as well as financial institution supervision, and he regularly briefed the board and the Federal Open Market Committee. He developed special expertise in designing liquidity facilities and was a …


Debating Disability Disclosure In Legal Education, Jasmine E. Harris Dec 2021

Debating Disability Disclosure In Legal Education, Jasmine E. Harris

Faculty Scholarship at Penn Carey Law

More than three decades after President George H.W. Bush signed the Americans with Disabilities Act into law, disability identity remains contested and continues to be conflated with medical diagnoses by both law and society. Dichotomies endure—disabled/nondisabled; physical/mental disability; visible/invisible; disclosure/nondisclosure; individual/institutional—and, as a result, undermine the exercise of rights and claims to disability identity. One particularly problematic binary at the core of the others is the line drawn between ‘visible’ and ‘invisible disabilities.’ This distinction, however, is much less pronounced in society than it seems. It is much more a product of existing information deficits about disability that limit public …


Do Esg Mutual Funds Deliver On Their Promises?, Quinn Curtis, Jill E. Fisch, Adriana Z. Robertson Dec 2021

Do Esg Mutual Funds Deliver On Their Promises?, Quinn Curtis, Jill E. Fisch, Adriana Z. Robertson

Faculty Scholarship at Penn Carey Law

Corporations have received growing criticism for their role in climate change, perpetuating racial and gender inequality, and other pressing social issues. In response to these concerns, shareholders are increasingly focusing on environmental, social, and corporate governance (ESG) criteria in selecting investments, and asset managers are responding by offering a growing number of ESG mutual funds. The flow of assets into ESG is one of the most dramatic trends in asset management.

But are these funds giving investors what they promise? This question has attracted the attention of regulators, with the Department of Labor and the Securities and Exchange Commission (SEC) …


Regulating New Tech: Problems, Pathways, And People, Cary Coglianese Dec 2021

Regulating New Tech: Problems, Pathways, And People, Cary Coglianese

Faculty Scholarship at Penn Carey Law

New technologies bring with them many promises, but also a series of new problems. Even though these problems are new, they are not unlike the types of problems that regulators have long addressed in other contexts. The lessons from regulation in the past can thus guide regulatory efforts today. Regulators must focus on understanding the problems they seek to address and the causal pathways that lead to these problems. Then they must undertake efforts to shape the behavior of those in industry so that private sector managers focus on their technologies’ problems and take actions to interrupt the causal pathways. …


Defeat Mechanisms In Modern Warfare, Frank Hoffman Nov 2021

Defeat Mechanisms In Modern Warfare, Frank Hoffman

The US Army War College Quarterly: Parameters

This article explores the current debate about service and Joint operating concepts, starting with the Army’s multi-domain operations concept. It argues for adaptations to an old operational design technique—defeat mechanisms; updates to Joint and service planning doctrine; and discipline regarding emerging concepts. Rather than debate over attrition versus maneuver, combinations of a suite of defeat mechanisms should be applied to gain victory in the future.