Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Law

Governance By Other Means: Rankings As Regulatory Systems, Judith G. Kelley, Beth A. Simmons Jun 2020

Governance By Other Means: Rankings As Regulatory Systems, Judith G. Kelley, Beth A. Simmons

Faculty Scholarship at Penn Law

This article takes the challenges of global governance and legitimacy seriously and looks at new ways in which international organizations (IOs) have attempted to ‘govern’ without explicit legal or regulatory directives. Specifically, we explore the growth of global performance indicators as a form of social control that appears to have certain advantages even as states and civil society actors push back against international regulatory authority. This article discusses the ways in which Michael Zürn's diagnosis of governance dilemmas helps to explain the rise of such ranking systems. These play into favored paradigms that give information and market performance greater ...


Law As Scapegoat, Cary Coglianese Jan 2020

Law As Scapegoat, Cary Coglianese

Faculty Scholarship at Penn Law

Populist nationalist movements have been on the rise around the world in recent years. These movements have tapped into, and fueled, a deep anger among many members of the public. Especially in the face of stagnant or declining economic prospects—as well as expanding inequality—much anger has been directed at minorities and migrants. Politicians with authoritarian tendencies have sought to leverage such public anger by reinforcing tendencies to scapegoat others for their society’s problems. In this paper, I show that laws and regulations—like migrants—can be framed as “the other” too and made into scapegoats. With reference ...


Introduction: The Power Of Global Performance Indicators, Judith G. Kelley, Beth A. Simmons Jan 2019

Introduction: The Power Of Global Performance Indicators, Judith G. Kelley, Beth A. Simmons

Faculty Scholarship at Penn Law

In recent decades, IGOs, NGOs, private firms and even states have begun to regularly package and distribute information on the relative performance of states. From the World Bank's Ease of Doing Business Index to the Financial Action Task Force blacklist, Global Performance Indicators (GPIs) are increasingly deployed to influence governance globally. We argue that GPIs derive influence from their ability to frame issues, extend the authority of the creator, and—most importantly —to invoke recurrent comparison that stimulate governments' concerns for their own and their country's reputation. Their public and ongoing ratings and rankings of states are particularly ...


The Power Of Ranking: The Ease Of Doing Business Indicator And Global Regulatory Behavior, Rush Doshi, Judith G. Kelley, Beth A. Simmons Jan 2019

The Power Of Ranking: The Ease Of Doing Business Indicator And Global Regulatory Behavior, Rush Doshi, Judith G. Kelley, Beth A. Simmons

Faculty Scholarship at Penn Law

The proliferation of Global Performance Indicators (GPIs), especially those that rate and rank states against one another, shapes decisions of states, investors, bureaucrats, and voters. This power has not been lost on the World Bank, which has marshaled the Ease of Doing Business (EDB) index to amass surprising influence over global regulatory policies – a domain over which it has no explicit mandate and for which there is ideological contestation. This paper demonstrates how the World Bank’s EDB ranking system affects policy through bureaucratic, transnational, and domestic-political channels. We use observational and experimental data to show that states respond to ...


Fiduciary Blind Spot: The Failure Of Institutional Investors To Prevent The Illegitimate Use Of Working Americans' Savings For Corporate Political Spending, Leo E. Strine Jr. Dec 2018

Fiduciary Blind Spot: The Failure Of Institutional Investors To Prevent The Illegitimate Use Of Working Americans' Savings For Corporate Political Spending, Leo E. Strine Jr.

Faculty Scholarship at Penn Law

For decades, American workers have been subjected to increasing pressure to become forced capitalists, in the sense that to provide for retirement for themselves, and to pay for college for their children, they must turn part of their income every month over to mutual funds who participate in 401(k) and 529 programs. These “Worker Investors” save for the long term, often hold portfolios that are a proxy for the entire economy, and depend on the economy’s ability to generate good jobs and sustainable growth in order for them to be able to have economic security. In recent years ...


Citizens United As Bad Corporate Law, Leo E. Strine Jr., Jonathan Macey Aug 2018

Citizens United As Bad Corporate Law, Leo E. Strine Jr., Jonathan Macey

Faculty Scholarship at Penn Law

In this Article we show that Citizens United v. FEC, arguably the most important First Amendment case of the new millennium, is predicated on a fundamental misconception about the nature of the corporation. Specifically, Citizens United v. FEC, which prohibited the government from restricting independent expenditures for corporate communications, and held that corporations enjoy the same free speech rights to engage in political spending as human citizens, is grounded on the erroneous theory that corporations are “associations of citizens” rather than what they actually are: independent legal entities distinct from those who own their stock. Our contribution to the literature ...


A Dose Of Color, A Dose Of Reality: Contextualizing Intentional Tort Actions With Black Documentaries, Regina Austin Jan 2018

A Dose Of Color, A Dose Of Reality: Contextualizing Intentional Tort Actions With Black Documentaries, Regina Austin

Faculty Scholarship at Penn Law

This article describes the way documentary films can provide important cultural context in the assessment of tort claims. This kind of contextual analysis exposes the social conditions that drive legal disputes. For example, in the case of Klayman v. Obama, Larry Klayman claimed that Black Lives Matter, among other defendants, was liable for various intentional torts (including intentional infliction of emotional distress) by fomenting hostility toward the police in black communities. The court dismissed the case but declined to hold Klayman liable for sanctions. One documentary film, I Am Not Your Negro, locates Klayman’s claims in a historical tradition ...


Symbolic Corporate Governance Politics, Marcel Kahan, Edward B. Rock Jan 2014

Symbolic Corporate Governance Politics, Marcel Kahan, Edward B. Rock

Faculty Scholarship at Penn Law

How are we to understand the persistent gap between rhetoric and reality that characterizes so much of corporate governance politics? In this Article, we show that the rhetoric around a variety of high profile corporate governance controversies (including shareholder proposals asking boards to redeem poison pills, proxy access, majority voting in director elections, and shareholder proposals to remove supermajority voting requirements) cannot be justified by the material interests at stake. At the same time, shareholder activists are oddly reluctant to pursue issues that may have a more material impact, such as anti-pill charter provisions or mandatory bylaw amendments. We consider ...


Enhancing Public Access To Online Rulemaking Information, Cary Coglianese Oct 2012

Enhancing Public Access To Online Rulemaking Information, Cary Coglianese

Faculty Scholarship at Penn Law

One of the most significant powers exercised by federal agencies is their power to make rules. Given the importance of agency rulemaking, the process by which agencies develop rules has long been subject to procedural requirements aiming to advance democratic values of openness and public participation. With the advent of the digital age, government agencies have engaged in increasing efforts to make rulemaking information available online as well as to elicit public participation via electronic means of communication. How successful are these efforts? How might they be improved? In this article, I investigate agencies’ efforts to make rulemaking information available ...


"Announcement" By Federal Judicial Nominees, Geoffrey C. Hazard Jr. Jan 2004

"Announcement" By Federal Judicial Nominees, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Technologies Of Protest: Insurgent Social Movements And The First Amendment In The Era Of The Internet, Seth F. Kreimer Jan 2001

Technologies Of Protest: Insurgent Social Movements And The First Amendment In The Era Of The Internet, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Copyright And Democracy: A Cautionary Note, Christopher S. Yoo Jan 2000

Copyright And Democracy: A Cautionary Note, Christopher S. Yoo

Faculty Scholarship at Penn Law

No abstract provided.