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Social and Behavioral Sciences Commons™
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Articles 1 - 30 of 41
Full-Text Articles in Social and Behavioral Sciences
Christianity And Bankruptcy, David A. Skeel Jr.
Christianity And Bankruptcy, David A. Skeel Jr.
All Faculty Scholarship
Although the term “bankruptcy” is nowhere to be found in the Bible, debt and the consequences of default are a major theme both in the Hebrew Bible and in the New Testament. In Israel, as in the ancient Near East generally, a debtor who defaulted on his obligations was often sold into slavery or servitude. Biblical law moderated the harshness of this system by prohibiting Israelites from charging interest on loans to one another, thus diminishing the risk of default, and by requiring the release of slaves after seven years of service. Jesus alluded to the lending laws at least …
Spillover Effects In Police Use Of Force, Justin E. Holz, Roman G. Rivera, Bocar A. Ba
Spillover Effects In Police Use Of Force, Justin E. Holz, Roman G. Rivera, Bocar A. Ba
All Faculty Scholarship
We study the link between officer injuries-on-duty and the force-use of their peers using a network of officers who, through a random lottery, began the police academy together. We find that peer injuries-on-duty increase the probability of using force by 7%. The effect is concentrated in a narrow time window near the event and is not associated with significantly lower injury risk to the officer. Complaints of improper searches and failure to provide service also increase after peer injuries, suggesting that the increase in force might be driven by heightened risk aversion.
The Effect Of Police Oversight On Crime And Allegations Of Misconduct: Evidence From Chicago, Bocar A. Ba, Roman G. Rivera
The Effect Of Police Oversight On Crime And Allegations Of Misconduct: Evidence From Chicago, Bocar A. Ba, Roman G. Rivera
All Faculty Scholarship
Does policing the police increase crime? We avoid simultaneity effects of increased public oversight during a major scandal by identifying events in Chicago that only impacted officers’ self-imposed monitoring. We estimate crime’s response to self- and public-monitoring using regression discontinuity and generalized synthetic control methods. Self-monitoring, triggered by police union memos, significantly reduced serious complaints without impacting crime or effort. However, after a scandal, both civilian complaints and crime rates rise, suggesting that higher crime rates following heightened oversight results from de-policing and civilian behavior simultaneously changing. Our research suggests that proactive internal accountability improves police-community relations without increasing crime.
In-Group Bias And The Police: Evidence From Award Nominations, Nayoung Rim, Roman G. Rivera, Bocar A. Ba
In-Group Bias And The Police: Evidence From Award Nominations, Nayoung Rim, Roman G. Rivera, Bocar A. Ba
All Faculty Scholarship
This paper examines the impact of in-group bias on the internal dynamics of a police department. Prior studies have documented racial bias in policing, but little is known about bias against officers due to lack of available data. We construct a novel panel dataset of Chicago Police Department officers, with detailed information on officer characteristics and work productivity. Exploiting quasi-random variation in supervisor assignment, we find that white supervisors are less likely to nominate black officers than white or Hispanic officers. We find weaker evidence that male supervisors are less likely to nominate female officers than male officers. We explore …
Toward Fair And Sustainable Capitalism: A Comprehensive Proposal To Help American Workers, Restore Fair Gainsharing Between Employees And Shareholders, And Increase American Competitiveness By Reorienting Our Corporate Governance System Toward Sustainable Long-Term Growth And Encouraging Investments In America’S Future, Leo E. Strine Jr.
All Faculty Scholarship
To promote fair and sustainable capitalism and help business and labor work together to build an American economy that works for all, this paper presents a comprehensive proposal to reform the American corporate governance system by aligning the incentives of those who control large U.S. corporations with the interests of working Americans who must put their hard-earned savings in mutual funds in their 401(k) and 529 plans. The proposal would achieve this through a series of measured, coherent changes to current laws and regulations, including: requiring not just operating companies, but institutional investors, to give appropriate consideration to and make …
The Reverse Agency Problem In The Age Of Compliance, Asaf Eckstein, Gideon Parchomovsky
The Reverse Agency Problem In The Age Of Compliance, Asaf Eckstein, Gideon Parchomovsky
All Faculty Scholarship
The agency problem, the idea that corporate directors and officers are motivated to prioritize their self-interest over the interest of their corporation, has had long-lasting impact on corporate law theory and practice. In recent years, however, as federal agencies have stepped up enforcement efforts against corporations, a new problem that is the mirror image of the agency problem has surfaced—the reverse agency problem. The surge in criminal investigations against corporations, combined with the rising popularity of settlement mechanisms including Pretrial Diversion Agreements (PDAs), and corporate plea agreements, has led corporations to sacrifice directors and officers in order to reach settlements …
Social Activism Through Shareholder Activism, Lisa Fairfax
Social Activism Through Shareholder Activism, Lisa Fairfax
All Faculty Scholarship
In 1952, the SEC altered the shareholder proposal rule to exclude proposals made “primarily for the purpose of promoting general economic, political, racial, religious, social or similar causes.” The SEC did not reference civil rights activist James Peck or otherwise acknowledge that its actions were prompted by Peck’s 1951 shareholder proposal to Greyhound for desegregating seating. Instead, the SEC indicated that its change simply reflected a codification of a position the SEC staff had taken in 1945.
Today, the shareholder proposal rule has evolved, giving way to several amendments that now enable shareholders to submit proposals on the proxy statement …
Capturing Regulatory Agendas?: An Empirical Study Of Industry Use Of Rulemaking Petitions, Daniel Walters
Capturing Regulatory Agendas?: An Empirical Study Of Industry Use Of Rulemaking Petitions, Daniel Walters
All Faculty Scholarship
A great deal of skepticism toward administrative agencies stems from the widespread perception that they excessively or even exclusively cater to business interests. From the political right comes the accusation that business interests use regulation to erect barriers to entry that protect profits and stifle competition. From the political left comes the claim that business interests use secretive interactions with agencies to erode and negate beneficial regulatory programs. Regulatory “capture” theory elevates many of these claims to the status of economic law. Despite growing skepticism about capture theory in academic circles, empirical studies of business influence and capture return ambiguous …
The Tcja And The Questionable Incentive To Incorporate, Part 2, Michael S. Knoll
The Tcja And The Questionable Incentive To Incorporate, Part 2, Michael S. Knoll
All Faculty Scholarship
The Tax Cuts and Jobs Act (TCJA) has put the question should a business be organized as a passthrough entity or as a corporation at center stage. The TCJA eliminated much of the tax disadvantage from using the corporate form, but did Congress go so far that it advantaged corporations relative to pass-through entities? Some prominent commentators say yes. They argue that the federal income tax now encourages individual owners of pass-through businesses to restructure their business as subchapter C corporations, and they predict that the TCJA will lead to a cascade of incorporations. The principal driver of the shift …
The Tcja And The Questionable Incentive To Incorporate, Michael S. Knoll
The Tcja And The Questionable Incentive To Incorporate, Michael S. Knoll
All Faculty Scholarship
The Tax Cuts and Jobs Act (TCJA) has put the question should a business be organized as a passthrough entity or as a corporation at center stage. The TCJA eliminated much of the tax disadvantage from using the corporate form, but did Congress go so far that it advantaged corporations relative to pass-through entities? Some prominent commentators say yes. They argue that the federal income tax now encourages individual owners of pass-through businesses to restructure their business as subchapter C corporations, and they predict that the TCJA will lead to a cascade of incorporations. The principal driver of the shift …
The Impact Of The Durbin Amendment On Banks, Merchants, And Consumers, Vladimir Mukharlyamov, Natasha Sarin
The Impact Of The Durbin Amendment On Banks, Merchants, And Consumers, Vladimir Mukharlyamov, Natasha Sarin
All Faculty Scholarship
After the Great Recession, new regulatory interventions were introduced to protect consumers and reduce the costs of financial products. Some voiced concern that direct price regulation was unlikely to help consumers, because banks offset losses in one domain by increasing the prices that they charge consumers for other products. This paper studies this issue using the Durbin Amendment, which decreased the interchange fees that banks are allowed to charge merchants for processing debit transactions. Merchant interchange fees, previously averaging 2 percent of transaction value, were capped at $0.22, decreasing bank revenue by $6.5 billion annually. The objective of Durbin was …
Masthead
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
Health Justice For Immigrants, Medha D. Makhlouf
Health Justice For Immigrants, Medha D. Makhlouf
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
The Shallow State: The Federal Communications Commission And The New Deal, Daniel R. Ernst
The Shallow State: The Federal Communications Commission And The New Deal, Daniel R. Ernst
University of Pennsylvania Journal of Law and Public Affairs
American lawyers and law professors commonly turn to the New Deal for insights into the law and politics of today’s administrative state. Usually, they have looked to agencies created in the 1930s that became the foundation of the postwar political order. Some have celebrated these agencies; others have deplored them as the core of an elitist, antidemocratic Deep State. This Article takes a different tack by studying the Federal Communications Commission (FCC) and its predecessor the Federal Radio Commission (FRC), an agency created before the New Deal. For most of Franklin D. Roosevelt’s first two presidential terms, the FCC languished …
Subordination Discourse: A Critique Of Trump's Diversity Model, Roy L. Brooks
Subordination Discourse: A Critique Of Trump's Diversity Model, Roy L. Brooks
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
Providing Optimal Value To Energy Consumers Through Microgrids, Gregory T. Bischoping
Providing Optimal Value To Energy Consumers Through Microgrids, Gregory T. Bischoping
University of Pennsylvania Journal of Law and Public Affairs
Microgrids are an increasingly popular means of making a smaller, smarter, cleaner, and more resilient energy grid. When Superstorm Sandy hit the northeast states, a few microgrids continued to provide their constituents with energy for weeks while the rest of the grid was down. Microgrids typically involve small-scale energy generation coupled with nearby storage and distribution, and are connected to, but capable of disconnecting from, the macrogrid during a power outage.
This Comment will analyze the economics of microgrids, focusing on the necessity of effective cost-benefit analyses. In order to allow for the development of microgrids, regulators should create appropriate …
Intensive Care For Pain As An Overdose Prevention Tool: Legal Considerations And Policy Imperatives, Evan D. Anderson, Jason Sloan, Leo Beletsky
Intensive Care For Pain As An Overdose Prevention Tool: Legal Considerations And Policy Imperatives, Evan D. Anderson, Jason Sloan, Leo Beletsky
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
American Gun Violence: An Information Asymmetry Problem, Amanda L. Lesavage
American Gun Violence: An Information Asymmetry Problem, Amanda L. Lesavage
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
Marijuana Legalization In The United States: A Social Injustice, Kevin Sabet, Will Jones
Marijuana Legalization In The United States: A Social Injustice, Kevin Sabet, Will Jones
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
Addiction As Capabilities Failure, Jennifer Prah Ruger, Kara Zhang
Addiction As Capabilities Failure, Jennifer Prah Ruger, Kara Zhang
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
The Wolf Act Amendments To The U.S. International Religious Freedom Act: Breakthrough Or Breakdown?, Robert C. Blitt
The Wolf Act Amendments To The U.S. International Religious Freedom Act: Breakthrough Or Breakdown?, Robert C. Blitt
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
Cra Resolutions Against Agency Guidance, Keith Bradley, Larisa Vaysman
Cra Resolutions Against Agency Guidance, Keith Bradley, Larisa Vaysman
University of Pennsylvania Journal of Law and Public Affairs
After years of dormancy, the Congressional Review Act (“CRA”) suddenly plays a prominent role in agency policymaking. Under the CRA, Congress has overturned multiple major regulations adopted by the Obama Administration, and the campaign continues. The next stage in this rollback appears to be a program of invalidating agency guidance documents, policy statements, and interpretations. That possibility has frightened many observers because it appears to expose an enormous additional amount of policymaking to CRA attack. We argue that, to the contrary, using the CRA in an attempt to overrule agency policy statements and interpretations will be fruitless, and the effort …
The Protection Is In The Process: The Legislative Reapportionment Commission, Communities Of Interest, And Why Our Modern Founding Fathers Got It Right, Mike Turzai, Rodney A. Corey, James G. Mann
The Protection Is In The Process: The Legislative Reapportionment Commission, Communities Of Interest, And Why Our Modern Founding Fathers Got It Right, Mike Turzai, Rodney A. Corey, James G. Mann
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
Addicted To The War On Drugs, Brendan Walden
Addicted To The War On Drugs, Brendan Walden
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
Citizens United As Bad Corporate Law, Leo E. Strine Jr., Jonathan Macey
Citizens United As Bad Corporate Law, Leo E. Strine Jr., Jonathan Macey
All Faculty Scholarship
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 …
Certainty Versus Flexibility In The Conflict Of Laws, Kermit Roosevelt Iii
Certainty Versus Flexibility In The Conflict Of Laws, Kermit Roosevelt Iii
All Faculty Scholarship
Traditional choice of law theory conceives of certainty and flexibility as opposed values: increase one, and you inevitably decrease the other. This article challenges the received wisdom by reconceptualizing the distinction. Rather than caring about certainty or flexibility for their own sake, it suggests, we care about them because each makes it easier to promote a certain cluster of values. And while there may be a necessary tradeoff between certainty and flexibility, there is no necessary tradeoff between the clusters of values. It is possible to improve a choice of law system with regard to both of them. The article …
In The Shadow Of The Law: The Role Of Custom In Intellectual Property, Jennifer E. Rothman
In The Shadow Of The Law: The Role Of Custom In Intellectual Property, Jennifer E. Rothman
All Faculty Scholarship
Custom, including industry practices and social norms, has a tremendous influence on intellectual property (“IP”) law, from affecting what happens outside of the courts in the trenches of the creative, technology, and science-based industries, to influencing how courts analyze infringement and defenses in IP cases. For decades, many scholars overlooked or dismissed the impact of custom on IP law in large part because of a belief that the dominant statutory frameworks that govern IP left little room for custom to play a role. In the last ten years, however, the landscape has shifted and more attention has been given to …
Intellectual Property And Competition, Herbert J. Hovenkamp
Intellectual Property And Competition, Herbert J. Hovenkamp
All Faculty Scholarship
A legal system that relies on private property rights to promote economic development must consider that profits can come from two different sources. First, both competition under constant technology and innovation promote economic growth by granting many of the returns to the successful developer. Competition and innovation both increase output, whether measured by quantity or quality. Second, however, profits can come from practices that reduce output, in some cases by reducing quantity, or in others by reducing innovation.
IP rights and competition policy were traditionally regarded as in conflict. IP rights create monopoly, which was thought to be inimical to …
Getting The Blend Right: Public-Private Partnerships In Risk Management, Cary Coglianese
Getting The Blend Right: Public-Private Partnerships In Risk Management, Cary Coglianese
All Faculty Scholarship
The question of whether there is too much or too little regulation in the United States has driven much political debate for decades. The more important question, though, is not about getting the right amount of regulation but it is about finding the best ways for the public and private sectors to interact. When it comes to managing risk in society, this latter question is necessarily one of choosing between different kinds of structures—or partnerships—between public and private institutions. Sometimes these partnerships are adversarial, as they can be with government regulation. Other times they are seemingly invisible, such as when …
The Operational And Administrative Militaries, Mark P. Nevitt
The Operational And Administrative Militaries, Mark P. Nevitt
All Faculty Scholarship
This Article offers a new way of thinking about the military. The U.S. military’s existing legal architecture arose from tragedy: in response to operational military failures in Vietnam, the 1980 failed Iranian hostage rescue attempt and other military misadventures, Congress revamped the Department of Defense (DoD)’s organization. The resulting law, the Goldwater-Nichols Act, formed two militaries within the DoD that endure to this day. These two militaries – the operational military and the administrative military – were once opaque to the outside observer but have emerged from the shadows in light of recent conflicts. The operational military remains the focus …