Social and Behavioral Sciences Commons^™

African American Male Ex-Felons' Perspectives Regarding Felon Disenfranchisement, Tymesha Alegra Whitehead

Walden Dissertations and Doctoral Studies

The tradition of disenfranchising those convicted in the United States of felony crimes has profound historical racial roots that have persisted for decades in the United States. The persistent practice of felon disenfranchisement in the 21st century challenges the essence of democracy, with over six million people disenfranchised. The need for major reform efforts to restore voting rights to ex-felons has been exposed due to this issue. The literature revealed no studies have been undertaken regarding this phenomenon in terms of those directly affected by it. Therefore, the purpose of this qualitative phenomenological study was to understand the effect of …

Remote Access Mechanism Exploring Electronic Databases In Law Schools In India: A Lifeline During Covid-19 Lockdown, Akash Singh

Library Philosophy and Practice (e-journal)

Bar Council of India under Section 4 of Advocates Act 1961 passed by Indian Parliament, governs legal education and practice in India. Law Schools are approved and governed under the rules framed by Bar Council of India. Currently, India has twenty three law schools apart from more than 2000 law departments and colleges in India. Lockdown of academic institutions due to COVID 19 interrupted educational and research activities in law schools too. The paper here and now showcases a comparative study of usage of electronic contents by their patrons during pre-lockdown and lockdown period by remote access mechanism. The paper …

A Bibliometric Analysis Of Impunity For Marital Rape In Contemporary Context, Nagesh Haribhau Sawant Dr., Srushti Bhushan Angane

Library Philosophy and Practice (e-journal)

This bibliometric analysis focuses on the study of research publications that discuss how rape is a monstrous and inhumane act even if it is committed by the husband on his lawfully wedded wife. In this study, the authors aim to determine the frequency of such publications with an intention to establish that the problem of marital rape in contemporary society is receiving substantial attention from the researchers, therefore, the research on this subject is increasing. For this research, the data from 2010 to May 2021 has been collected from the Scopus database using VOSviewer software. The study consisted of a …

Recognizing Figure Labels In Patents, Ming Gong, Xin Wei, Diane Oyen, Jian Wu, Martin Gryder

Computer Science Faculty Publications

Scientific documents often contain significant information in figures. The United States Patent and Trademark Office (USPTO) awards thousands of patents each week, with each patent containing on the order of a dozen figures. The information conveyed by these figures typically include a drawing or diagram, a label, caption and reference text within the document. Yet associating the short bits of text to the figure is challenging when labels are embedded within the figure, as they typically are in patents. Using patents as a testbench, this paper highlights an open challenge in analyzing all of the information presented in scientific/technical documents …

Assessing President Obama’S Appointment Of Women To The Federal Appellate Courts, Laura Moyer

Faculty and Staff Scholarship

A major legacy of the Obama presidency was the mark he left on the federal courts with respect to increasing judicial diversity. In particular, President Obama’s appointments of women to the federal judiciary exceeded all previous presidents in terms of both absolute numbers and as a share of all judges; he also appointed a record-setting number of women of color to the lower federal courts. In this Article, I take an intersectional approach to exploring variation in the professional backgrounds, qualifications, and Senate confirmation experiences of Obama’s female appeals court appointees, comparing them with George W. Bush and Bill Clinton …

Rwu Law Equity Scorecard February 2021, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

“It Didn’T Matter What The Bill Said...”: Influences On Abortion Policy Legislative Decision-Making In Georgia, Erica Barton, Subasri Narasimhan, Dabney P. Evans

Journal of the Georgia Public Health Association

Background: In March 2019 the Georgia legislature passed HB 481 described as a “heartbeat bill”, prohibiting abortion at around six weeks gestation. Given the prevalence of anti-abortion legislation and the public health implications of abortion restrictions, we sought to understand how Georgia legislators made decisions on this early abortion ban legislation.

Methods: We conducted in-depth interviews with nine legislators from the Georgia House of Representatives who participated in the 2019 legislative session. In-depth interviews were conducted in-person and over the phone. Interview recordings were transcribed verbatim and inductive codes identified. Codes focused primarily on views of: abortion in general; specific …

Health Reform Reconstruction, Lindsay F. Wiley, Elizabeth Y. Mccuskey, Matthew B. Lawrence, Erin C. Fuse Brown

Faculty Articles

This Article connects the failed, inequitable U.S. coronavirus pandemic response to conceptual and structural constraints that have held back U.S health reform for decades and calls for reconstruction. For more than a half-century, a cramped “iron triangle” ethos has constrained health reform conceptually. Reforms aimed to balance individual interests in cost, quality, and access to health care, while marginalizing equity, solidarity, and public health. In the iron triangle era, reforms unquestioningly accommodated four legally and logistically entrenched fixtures — individualism, fiscal fragmentation, privatization, and federalism — that distort and diffuse any reach toward social justice. The profound racial disparities and …

Bursting The Auto Loan Bubble In The Wake Of Covid-19, Pamela Foohey

Scholarly Works

Before the COVID-19 pandemic, auto loans outstanding in the United States had soared to record highs. The boom in lending spanned new and used cars and traditional and subprime loans. With loan delinquencies also hitting new highs almost every quarter, predictions that the auto lending market could burst soon abounded. When the economy came to a grinding halt and unemployment skyrocketed in the wake of the pandemic, auto lenders knew they were facing a crisis. Throughout 2020, auto lenders granted more payment forbearances to consumers, while slashing interest rates on new loans. Auto manufacturers similarly made promises to buyers, such …

Evolution Of International Investment Agreements In Africa: Features And Challenges Of Investment Law “Africanization”, Makane Moïse Mbengue, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

African States, African Regional Economic Communities (RECs), and the African Union have adopted a number of new investment instruments in recent years. Many of these instruments are highly innovative and mark a clear departure from old European-styled IIAs. The Africanization of international investment law or, in other words, the prise en main of African States and organizations to design the regulation of international investment according to their policy and development priorities has become an evident contemporary phenomenon. At the same time, the most innovative approaches can be found in intra-African IIAs, i.e., in IIAs concluded between two or more African …

Non-Governmental Organisations' Impact On Educational Policy In Rural Ghana, Sarah Ayikai Okine

Walden Dissertations and Doctoral Studies

Abstract Non-governmental organizations (NGOs) have become an increasingly important factor in education globally. The social structure in developing countries such as Ghana has created a need for government to work with NGOs in the educational system to reach out to children and provide quality basic, primary education, especially in rural communities. However, there are still challenges in the discharge of their duties due to challenges in collaboration with all stakeholders. This case study addressed the perception of stakeholders regarding NGOs’ influence on Ghana’s educational system to better understand the influence and impact of NGOs on education in Ghana’s rural communities. …

The Market As Negotiation, Rebecca E. Hollander-Blumoff, Matthew T. Bodie

Scholarship@WashULaw

Our economic system counts on markets to allocate most of our societal resources. The law often treats markets as discrete entities, with a native intelligence and structure that provides clear answers to questions about prices and terms. In reality, of course, markets are much messier—they are agglomerations of negotiations by individual parties. Despite theoretical and empirical work on markets and on negotiation, legal scholars have largely overlooked the connection between the two areas in considering how markets are constructed and regulated.

This Article brings together scholarship in law, economics, sociology, and psychology to better understand the role that negotiation plays …

On Bankruptcy’S Promethean Gap: Building Enslaving Capacity Into The Antebellum Administrative State, Rafael I. Pardo

Scholarship@WashULaw

As the United States contends with the economic crisis triggered by the COVID-19 pandemic, federal bankruptcy law is one tool that can be used to resolve the financial distress suffered by individuals and businesses. When implementing this remedy, the question arises whether the law’s application should be viewed as limited to addressing private debt matters, without regard for the public interest. This Article answers the question by looking to modern U.S. bankruptcy law’s first forebear, the 1841 Bankruptcy Act, which Congress enacted in response to the depressed economic conditions following the Panic of 1837. That legislation created a judicially administered …

Wage Theft Criminalization, Benjamin Levin

Scholarship@WashULaw

Over the past decade, workers’ rights activists and legal scholars have embraced the language of “wage theft” in describing the abuses of the contemporary workplace. The phrase invokes a certain moral clarity: theft is wrong. The phrase is not merely a rhetorical flourish. Increasingly, it has a specific content for activists, politicians, advocates, and academics: wage theft speaks the language of criminal law, and wage theft is a crime that should be punished. Harshly. Self-proclaimed “progressive prosecutors” have made wage theft cases a priority, and left-leaning politicians in the United States and abroad have begun to propose more criminal statutes …

Imagining The Progressive Prosecutor, Benjamin Levin

Scholarship@WashULaw

As criminal justice reform has attracted greater public support, a new brand of district attorney candidate has arrived: the “progressive prosecutors.” Commentators increasingly have keyed on “progressive prosecutors” as offering a promising avenue for structural change, deserving of significant political capital and academic attention. This essay asks an unanswered threshold question: what exactly is a “progressive prosecutor”? Is that a meaningful category at all, and if so, who is entitled to claim the mantle? In this essay, I argue that “progressive prosecutor” means many different things to many different people. These differences in turn reveal important fault lines in academic …

Constitutional Foundations For Public Health Practice: Key Terms And Principles, Fazal Khan, Marice Ashe

Scholarly Works

This chapter introduces the structure of the government in the United States and the concept of “separation of powers" among the federal, state, and local governments. It introduces core legal principles from the U.S. Constitution that frame the authority of the government to enact and enforce laws to protect and promote the public's health. These Constitutional principles are essential for the health advocate and leader to understand because every federal, state, and local law must comply with them. The core principles include the enumerated powers of the federal government and the broad plenary powers of state and local governments—which we …

Fintech's Role In Exacerbating Or Reducing The Wealth Gap, Pamela Foohey, Nathalie Martin

Scholarly Works

Research shows that Black, Latinx, and other minorities pay more for credit and banking services, and that wealth accumulation differs starkly between their households and white households. The link between debt inequality and the wealth gap, however, remains less thoroughly explored, particularly in light of new credit products and debt-like banking services, such as early wage access and other fintech innovations. These innovations both hold the promise of reducing racial and ethnic disparities in lending and bring concerns that they may be exploited in ways that perpetuate inequality. They also come at a time when policy makers are considering how …

Fair Innings? The Utilitarian And Prioritarian Value Of Risk Reduction Over A Whole Lifetime, Matthew D. Adler, Maddalena Ferranna, James K. Hammitt, Nicolas Treich

Faculty Scholarship

The social value of risk reduction (SVRR) is the marginal social value of reducing an individual’s fatality risk, as measured by some social welfare function (SWF). This Article investigates SVRR, using a lifetime utility model in which individuals are differentiated by age, lifetime income profile, and lifetime risk profile. We consider both the utilitarian SWF and a “prioritarian” SWF, which applies a strictly increasing and strictly concave transformation to individual utility.

We show that the prioritarian SVRR provides a rigorous basis in economic theory for the “fair innings” concept, proposed in the public health literature: as between an older individual …

Tax Law And The Digital Economy In Singapore, Vincent Ooi

Research Collection Yong Pung How School Of Law

This chapter is divided into three main parts: 1) international tax law, 2) domestic tax law, and 3) tax and regulation. The first part deals with the international tax system and the way it has been affected by technology. This part will focus on income tax. Existing rules of nexus, characterisation of income and treatment of data are increasingly being challenged, leading to changes in the OECD Model Convention and the implementation of the Base Erosion and Profits Shifting (“BEPS”) project. These in turn have had a considerable impact on Singapore tax law, as Singapore is an active participant in …

Important Not To Let Hsr Termination Hobble Further Cooperation, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Strong people-to-people ties can help temper political histrionics, moderate negative impact on political ties. The tantalising prospect of being able to leave Singapore and arrive in Kuala Lumpur in just 90 minutes remains a pipe dream after the High Speed Rail (HSR) agreement was terminated last Friday, along with what could have been an important confidence booster to bilateral ties between Singapore and Malaysia.

S’Poreans Are Feeling Betrayed Because Of Tracetogether. The Government Needs To Restore Trust, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The authorities previously assured citizens that the TT data "will only be used for contact tracing", but subsequently indicated that the data may be used for criminal investigations. TT is the vital tool in our fight against the pandemic as it helps with contact tracing. It is in the government's interest to ensure optimal usage of TT. Some are now feeling that the government has "betrayed" their trust, so public confidence in using TraceTogether must be restored.

Rethinking China Trade Policy: Lessons Learned And Options Ahead, Henry S. Gao

Research Collection Yong Pung How School Of Law

Looking back at the China trade policy of the Trump administration, the biggest lesson is that unilateralism simply doesn’t work, at least not against a major power like China. Despite the tumultuous two-and-half-year trade war and the Phase 1 deal hailed as an “unprecedented” deal promising “a more balanced trade relationship and a more level playing field for American workers and companies,” there has been little progress on the issues U.S. businesses and the Trump administration objected to in China’s trade and economic policies. It is not only the U.S. government that needs a more viable approach. Many companies would …

Governing Science And Technology Under The International Economic Order: Regulatory Divergence And Convergence In The Age Of Megaregionals By Shin-Yi Peng, Han-Wei Liu And Ching-Fu Lin, Henry S. Gao, Weihuan Zhou

Research Collection Yong Pung How School Of Law

Trade and technology have a long history of interdependence. It was the trade along the ancient silk road that helped to spread the technologies of China – such as paper-making, gun power, compass, and moveable type printing – to Europe. These technologies helped to launch the Renaissance, the Reformation, and the Great Discoveries, which in turn set in motion globalization as we know today. As we enter the third decade of the twenty-first century, the role of science and technology grows even stronger in international trade. For example, the advancement of information and communications technology (ICT) has greatly facilitated the …

The Role Of Opposition In A Democracy: A Bibliometric Analysis, Abhinav Shrivastava Mr., Richa Dwivedi Ms.

Library Philosophy and Practice (e-journal)

Globally, democracy is under threat with the prevalence of authoritarian regime all over the world and the role of opposition in a democracy is an under studied subject and has not received adequate importance by researchers all over the world. The present study focuses on the bibliometrics analysis of the role of opposition in democratic system in order to understand the research status of the subject globally using SCOPUS and Web of Science databases.

The analysis shows that research has been undertaken by various organisations and researchers however, the present time demands more attention on the role of opposition so …

Global Stablecoins And China’S Cbdc: New Moneys With New Impacts On The Financial System?, Wei Shen, Heng Wang

Research Collection Yong Pung How School Of Law

Digital currencies are reshaping the financial, monetary, and regulatory landscape. There are at least two routes for the development of digital currencies. One is global stablecoins (e.g., Diem that is previously named Libra), issued by private players, while the other is central bank digital currency (CBDC) issued by central banks, with China’s CBDC as an example and possibly the first CBDC that will be issued by a major economy. Albeit in their rudimentary stages, global stablecoins and China’s CBDC are likely to disrupt the current financial system and challenge existing financial regulation. This article examines two crucial but under-explored questions: …

China’S Bilateral Investment Treaties, Heng Wang

Research Collection Yong Pung How School Of Law

This chapter focuses on the changes and trends in Chinese bilateral investment treaties and relatedly investment rules of China’s free trade agreements. It analyzes a number of questions: what is the changing context of China’s bilateral investment rulemaking? How to understand the evolution of China’s bilateral investment treaties? What are the major features in China’s recent practice? What are the shifts on investment dispute settlement?

Yimby And Covid-19, Michael Lewyn

Scholarly Works

Discusses whether the COVID-19 pandemic strengthens the case for the pro-housing YIMBY (Yes In My Back Yard) movement.

How Law Made Neoliberalism, Jedediah S. Purdy, Amy Kapczynski, David Singh Grewal

Faculty Scholarship

We live in an era of intersecting crises-some new, some old but newly visible. At the time of writing, the COVID-19 pandemic has already caused nearly 500,000 deaths in the United States alone, with many more deaths on the horizon in the coming months. Since its arrival in the United States, the virus has intersected with and magnified long-neglected problems-radical disparities in access to healthcare and the fulfillment of basic needs that disproportionately impact communities of color and working-class Americans, alongside a crisis of care for the young, elderly, and sick that stretches families and communities to the breaking point

Religion, Conscience, And The Law: Reasons, Bases, And Limits For Exemptions, Kent Greenawalt

Faculty Scholarship

Kent Greenawalt discusses the permissibility, scope, and rationale for law to provide exemptions to protect religious and nonreligious conscience in the United States. It may be difficult for the law to determine which sentiments amount to conscience given differences in individuals’ perception and the strength of their convictions. Even the notion of a religious conscience is complex. Religious citizens’ conclusions about matters of interest to religion may proceed from both religion and reason, or only from reason. It is not clear what should count as religious, given differences between denominations and their ideas over time. There are a host of …

Anti-Modalities, David E. Pozen, Adam Samaha

Faculty Scholarship

Constitutional argument runs on the rails of “modalities.” These are the accepted categories of reasoning used to make claims about the content of supreme law. Some of the modalities, such as ethical and prudential arguments, seem strikingly open ended at first sight. Their contours come into clearer view, however, when we attend to the kinds of claims that are not made by constitutional interpreters – the analytical and rhetorical moves that are familiar in debates over public policy and political morality but are considered out of bounds in debates over constitutional meaning. In this Article, we seek to identify the …