Social and Behavioral Sciences Commons^™

Buying Happiness: Property, Acquisition, And Subjective Well-Being, David Fagundes

Faculty Articles

Acquiring property is a central part of the modern American vision of the good life. The assumption that accruing more land or chattels will make us better off is so central to the contemporary preoccupation with acquisition that it typically goes without saying. Yet an increasing body of evidence from psychologists and economists who study hedonics—the science of happiness—yields the surprising conclusion that getting and having property does not actually increase our subjective well-being. In fact, it might even decrease it. While scholars have integrated the insights of hedonics into other areas of law, no scholarship has yet done so …

Internet Safe Harbors And The Transformation Of Copyright Law, Matthew Sag

Faculty Articles

This Article explores the potential displacement of substantive copyright law in the increasingly important online environment. In 1998, Congress enacted a system of intermediary safe harbors as part of the Digital Millennium Copyright Act (DMCA). The internet safe harbors and the associated system of notice-and-takedown fundamentally changed the incentives of platforms, users, and rightsholders in relation to claims of copyright infringement. These different incentives interact to yield a functional balance of copyright online that diverges markedly from the experience of copyright law in traditional media environments. More recently, private agreements between rightsholders and large commercial internet platforms have been made …

Vulnerability And Inevitable Inequality, Martha Albertson Fineman

Faculty Articles

The abstract legal subject of liberal Western democracies fails to reflect the fundamental reality of the human condition, which is vulnerability. While it is universal and constant, vulnerability is manifested differently in individuals, often resulting in significant differences in position and circumstance. In spite of such differences, political theory positions equality as the foundation for law and policy, and privileges autonomy, independence and self-sufficiency. This article traces the origins and development of a critical legal theory that brings human vulnerability to the fore in assessing individual and state responsibility and redefining the parameters of social justice. The theory arose in …

Invisible Bosses For Invisible Workers, Or Why The Sharing Economy Is Actually Minimally Disruptive, Deepa Das Acevedo

Faculty Articles

Because the idea that sharing economy companies operate as invisible bosses is central to many critiques of this new approach to labor exchange, Part I begins by explaining just what it is about their authority that makes it “invisible.” Part II extends this discussion to two earlier developments that, like the sharing economy, also significantly transformed the way Americans work: the franchise explosion of the 1950s and the spread of the independent contractor model in the late twentieth century. This article is the first to offer a detailed comparison of work practices used by sharing economy companies, franchises, and some …

Addressing The Retirement Crisis With Shadow 401(K)S, Deepa Das Acevedo

Faculty Articles

The United States has been juggling a handful of socio-economic crises lately. The subprime mortgage crisis, the auto industry crisis, the education crisis, the obesity crisis—the list isn’t short and shows no signs of becoming so. Within this group of economically and socially disruptive developments, the “retirement crisis”—the idea that most Americans will lack the financial resources to be secure and relatively satisfied in their golden years—seems somewhat banal because, for the most part, it has yet to hit. Even though baby boomers first started to age out of the workforce in 2011,the real cost of underfunded retirement is far …

Sovereignty And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo

Faculty Articles

American constitutional law scholars have long questioned whether courts can truly drive social reform, and this uncertainty remains even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India—spurred by developments in a special type of legal action developed in the late 1970s known as public interest litigation (PIL)—have only recently begun to question the judiciary’s ability to promote progressive social change. Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India’s most disadvantaged and optimism that public interest litigation can be returned …

Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren L. Hutchinson

Faculty Articles

The Supreme Court has interpreted the Equal Protection Clause as a formal equality mandate. In response, legal scholars have advocated alternative conceptions of equality, such as antisubordination theory, that interpret equal protection in more substantive terms. Antisubordination theory would consider the social context in which race-based policies emerge and recognize material distinctions between policies intended to oppress racial minorities and those designed to ameliorate past and current racism. Antisubordination theory would also closely scrutinize facially neutral state action that systemically disadvantages vulnerable social groups. The Court has largely ignored these reform proposals. Modern Supreme Court rulings, however, have invoked the …

Local Liability In International Economic Law, Timothy Meyer

Faculty Scholarship

No abstract provided.

Restructuring Sovereign Debt After Nml V. Argentina, Lee C. Buchheit, G. Mitu Gulati

Faculty Scholarship

The decade and a half of litigation that followed Argentina’s sovereign bond default in 2001 ended with a great disturbance in the Force. A new creditor weapon had been uncloaked: The prospect of a court injunction requiring the sovereign borrower to pay those creditors that decline to participate in a debt restructuring ratably with any payments made to those creditors that do provide the country with debt relief.

For the first time holdouts succeeded in fashioning a weapon that could be used to injure their erstwhile fellow bondholders, not just the sovereign issuer. Is the availability of this new weapon …

Law Library: 1859-2017, Barbara H. Garavaglia

Book Chapters

The Law Library was established in 1859 as part of the Law Department and continues to be "maintained and administered as a part of the instruction and research operation of the Law School." The library has been considered the "apparatus" of the Law Department and "the lawyer's laboratory." Indeed, this underlying view led the library to build a comprehensive collection that would provide "the means necessary for original investigation" and "permit scholars to do research work in any field of law, regardless of country or period." The collection development policy--to collect primary sources of law: statutes, civil law codes, court …

Are Trump's Attacks On The Media Adversely Affecting Public Opinion?, Leonard M. Niehoff

Articles

Both during the election cycle and as president of the United States, Donald Trump has enthusiastically and aggressively attacked the media. On Twitter, in speeches, and at rallies he has repeatedly deployed his favorite “f words” against mainstream broadcast, print, and online news sources: “fake,” “fraudulent,” “failing,” and (phonetically) “phony.” Some attacks have been personal to individual journalists, some have been more institutionally focused, and some have been made in contexts that appeared to create physical risk to reporters who were present. But whatever the variation in lavors, the frequency of the attacks has remained constant. Indeed, Trump has devoted …

Diversity: How Is Aall Doing?, James M. Donovan

Law Faculty Scholarly Articles

This paper describes the possible approaches to encouraging diversity within the workplace that are available to all professional organizations, including the American Association of Law Libraries [AALL]. Part I reviews the basic terms: discrimination, bias, and diversity. Reasons for pursuing diversity in the workplace are discussed in Part II. Two instrumental justifications and one intrinsic rationale reveal the range of motivations behind these projects. Each rationale supports its characteristic form of diversity: reflective, substantive, and cognitive. Because the kind of diversity determines the anticipated outcome, disagreement over progress may be the result of expecting different kinds of diversity. Clarity on …

Race And Death Sentencing For Oklahoma Homicides Committed Between 1990 And 2012, Glenn L. Pierce, Michael L. Radelet, Susan Sharp

Journal of Criminal Law and Criminology

This Article examines 4,668 Oklahoma homicide cases with an identified suspect that occurred during a twenty-three year period between January 1, 1990, and December 31, 2012. Among these, we identified 153 cases that ended with a death sentence. Overall we found that while the defendant’s race did not correlate with a death sentence, there was a strong correlation with the race of the victim, with cases with white victims significantly more likely to end with a death sentence than cases with non-white victims. Homicides with female victims were also more likely to result in a death sentence than other cases. …

University Of Nebraska At Omaha 2017-2018 Course Catalog, University Of Nebraska At Omaha

Graduate Catalogs

The University of Nebraska Omaha (UNO) is a premier metropolitan university that combines the resources of a doctoral research institution with a thriving community in the heart of Omaha.

With a global reach and vision, UNO is large enough to provide opportunities students seek, yet personal enough to include the mentorship they need to achieve academic excellence, creativity, and engaged learningat competitive tuition rates.

UNO is committed to and engaged with the city surrounding it, allowing students unique hands-on opportunities, internships, service learning,applied research, and other collaborative activities that enhance time in the classroom.

This is the ”O” we want …

The Reflection And Reification Of Racialized Language In Popular Media, Kelly E. Wright

Theses and Dissertations--Linguistics

This work highlights specific lexical items that have become racialized in specific contextual applications and tests how these words are cognitively processed. This work presents the results of a visual world (Huettig et al 2011) eye-tracking study designed to determine the perception and application of racialized (Coates 2011) adjectives. To objectively select the racialized adjectives used, I developed a corpus comprised of popular media sources, designed specifically to suit my research question. I collected publications from digital media sources such as Sports Illustrated, USA Today, and Fortune by scraping articles featuring specific search terms from their websites. This experiment seeks …

A Case For Empathy: Immigration In Spanish Contemporary Media, Music, Film, And Novels, Constantin C. Icleanu

Theses and Dissertations--Hispanic Studies

This dissertation analyzes the representations of immigrants from North Africa, Latin America, and Eastern Europe in Spain. As engaged scholarship, it seeks to better the portrayal of immigrants in the mass media through the study of literature, film, and music about immigration spanning from the year 2000 to 2016. Because misconceptions continue to propagate in the media, this dissertation works to counteract anti-immigrant, xenophobic representations as well as balance out overly positive and orientalized portrayal of immigrants with a call to recognize immigrants as human beings who deserve the same respect, dignity, and rights as any other citizen.

Chapter 1 …

Qué Tan Lejos Hemos Ido Y Qué Tan Lejos Nos Queda: Los Niños Trabajadores Y La Erradicación Del Trabajo Infantil En Ecuador, Alicia Serna Frausto

CMC Senior Theses

Al investigar este problema en el caso específico de Ecuador podemos ver algunos patrones que otros investigadores y políticos podrían aplicar en otros contextos de abusos laborales y trabajo infantil. En un mundo más consciente de los derechos humanos, es necesario impedir el trabajo infantil donde se pueda o por lo menos asegurar que los niños que trabajan lo hagan en la forma más sana y segura. En esta investigación se analizan las leyes y regulaciones de las últimas dos décadas, la implementación, y los efectos en las vidas de los niños trabajadores. La implementación de las leyes y regulaciones …

"Can We Clean Their Guns For Em'?" Frame Analysis Of Media Coverage Surrounding The Killing Of African Americans By Police, A Comparison Of Four U.S. And International News Sources, Jeffrey Longhurst

All Graduate Theses, Dissertations, and Other Capstone Projects

Instances of unarmed African Americans being killed when encountering police officers have come to the forefront of the discussion about race and race relations in the U.S. This study investigates media framing to determine if there are elements of racism in media frames surrounding these events. This study seeks to determine the extent that the tenets of Critical Race Theory apply in news when comparing stories Fox News and CNN online articles with articles by Al Jazeera and BBC. The two cases chosen were the killings of Micheal Brown in Ferguson, Missouri and Freddie Gray in Baltimore, Maryland. Using critical …

Inclusion Imagined: Fair Housing As Metropolitan Equity, David D. Troutt

Buffalo Law Review

No abstract provided.

The Effects Of Land Use Deregulations In The Capitol Region On Gross Regional Domestic Product In South Korea, Youngchul Kim

MPA/MPP/MPFM Capstone Projects

South Korea has implemented strong land use regulations controlling the growth of the capitol region (Seoul, and around areas) in order to encourage balanced regional development between the capitol area and the non-capitol area. However, there are ongoing debates about the relationship between the regulatory policies and the balanced regional development.

The purpose of this study is to examine the extent of the effect that the land use deregulation in the capitol region has on growth of both regions. To address this question, I use a difference-in-differences model to empirically analyze how the land use deregulation in the capitol region …

Measuring The Effect Of Electric Utility Deregulation On Residential Retail Prices In A Midwestern State, Sam Owens

MPA/MPP/MPFM Capstone Projects

The deregulation of the electric utility industry is one of the largest deregulation efforts in U.S. history. Proponents argue that getting rid of the outdated utility model of regulated monopolies and introducing competitive markets will lower prices, increase efficiency, and result in a net benefit for the nation. Opponents, on the other hand, believe that both the tumultuous history of the electric utility industry and experiments with deregulation have shown that competitive markets for electricity are too open to manipulation and will result in increased prices for consumers and dangerous volatility in the provision of electricity. This paper will attempt …

The Impact Of Intellectual Property On Provincial Unemployment Rates In South Korea, Soon Ho Shin

MPA/MPP/MPFM Capstone Projects

Intellectual property is drawing attention as an important policy tool to lower the unemployment rate in low-growth economies. The Korean Intellectual Property Office (KIPO) provides services that facilitate companies to effectively create intellectual property by operating local intellectual property support centers in connection with local governments. In this context, this research examine how the differences of intellectual property registration affect provincial unemployment rates by analyzing 10 years (2006-2015) of panel data with a fixed-effects regression model. According to my estimation results, intellectual property registrations have a statistically significant impact on provincial unemployment rates in South Korea. Since the reduction of …

Book Review: Americanah By Chimamanda Ngozi Adichie, Yemisi Dina

Articles & Book Chapters

Americanah is based on a love story that revolved around 3 continents - Africa, North America, and Europe. The themes of race, gender, and identity feature prominently in this award winning novel. Adichie’s story gives a vivid description of the lives of young teenagers of various ethnic and class structures in military-ruled Nigeria from the late 1970s to the 1990s and the beginning of a democratic government. It subtly describes the different ramifications of corruption and highlights a very degenerative period and the beginning of professional brain drain in the country.

A Major Renovation And Addition -- The Wolf Law Library, College Of William & Mary, Stephen G. Margeton, James S. Heller

Library Staff Publications

No abstract provided.

Child Support Collections To Offset Out Of Home Placement Costs: A Study Of Cost Effectiveness, Trish Skophammer

School of Business Student Theses and Dissertations

Families experiencing out-of-home placement (OHP) are in crisis. The fact that a child has been removed from the home means the family has become involved with the child welfare or juvenile justice system. Families that experience OHP are disproportionately poor, and the reasons for OHP often stem from poverty. Because OHP is expensive, and society values parental responsibility, federal and state laws require that parents be referred to the child support system to help offset the cost of OHP through child support collections. This study explores practices around OHP cases in the child support system and adds to the small …

Bridging The Gap: A Joint Negotiation Project Crossing Legal Disciplines, K. E. Powell, Lauren Bartlett

All Faculty Scholarship

This article discusses the creation and implementation of a cross-discipline negotiation simulation project designed by two law professors at Ohio Northern University Claude W. Pettit College of Law. The project bridged the gap between podium classes and clinical experience, exposing two separate groups of students to new subject areas. Professors Lauren E. Bartlett and Karen Powell brought together two distinct law classes, one doctrinal tax class and one pretrial litigation skills class, to exercise legal skills, and learn substantive and procedural law from their classmates, while acting as an attorney or a client in a simulated negotiation.

Dignity Is The New Legitimacy, Jeffrey A. Fagan

Faculty Scholarship

In this chapter, Jeffrey Fagan responds to Jonathan Simon’s essay by exploring the emotional dimensions of individual interactions with state actors. In a procedural justice vein, this chapter considers the dignitary implications of official maltreatment, focusing in particular on the dignity-injuring potential of unjustified, racially motivated, or otherwise abusive police stops. Such interactions not only personally humiliate, but they also deny the targeted individuals “basic and essential recognition” as social and political equals, instilling instead “a profound sense of loss.” Fagan calls for a jurisprudence that “recognizes the emotional highway between dignity and legitimacy.” This approach would “internalize[] the central …

Beyond Borders: Martin Luther King, Jr., Africa, And Pan Africanism, Jeremy I. Levitt

Journal Publications

This modest essay was a work of love in honor of Henry J. Richardson III, my dear brother, friend, mentor, and father in international law. Hank is universally recognized as the Dean of Black international law scholars and lawyers in the United States (U.S.), Africa, and beyond. He has single-handedly mentored three generations of international lawyers, influenced three generations of international legal scholarship, and established the Black International Tradition (BIT), which "stretches back to the very origins of our nation, preceding even the Constitution." His works on Dr. Martin Luther King Jr.'s (King) leadership, authority, and ministry as a global …

A Study Of The Determinants Influencing The Legislative Success Of A Government-Proposed Bill In Korea, Byung Jun Ahn

MPA/MPP/MPFM Capstone Projects

As there is a widespread perception of legislative gridlock and subsequent failure in addressing national problems in Korea, this study examines what factors influence the legislative success and legislative time of a government-proposed bill in Korea. This study uses government-proposed bills from 1988 to 2016 to estimate the effect of explanatory variables such as divided government, the year of presidential term (one to five year), the presidential approval rate, the unemployment rate, filibusters, jurisdictional area of a bill, and the ratio of members’ bills to government-proposed bills.

The results of regression analyses show that there is no evidence divided government …

The Persistence Of Memory: The Continuing Influence Of Antebellum Missouri Laws Regarding African Americans, Roy Dripps

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.