Social and Behavioral Sciences Commons^™

Documenting Bankrupted Slaves, Rafael I. Pardo

Scholarship@WashULaw

Bankrupted Slaves tells a story about institutional complicity in antebellum slavery — that is, the story of how the federal government in the 1840s and 1850s became the owner and seller of thousands of slaves belonging to financially distressed slaveowners who sought forgiveness of debt through the federal bankruptcy process. Relying on archival court records that have not been systematically analyzed by other scholars, Bankrupted Slaves analyzes how the Bankruptcy Act of 1841 and the domestic slave trade inevitably collided to create the bankruptcy slave trade, focusing the analysis through a case study of the Eastern District of Louisiana, which …

Criminal Employment Law, Benjamin Levin

Scholarship@WashULaw

This Article diagnoses a phenomenon, “criminal employment law,” which exists at the nexus of employment law and the criminal justice system. Courts and legislatures discourage employers from hiring workers with criminal records and encourage employers to discipline workers for non-work-related criminal misconduct. In analyzing this phenomenon, my goals are threefold: (1) to examine how criminal employment law works; (2) to hypothesize why criminal employment law has proliferated; and (3) to assess what is wrong with criminal employment law. This Article examines the ways in which the laws that govern the workplace create incentives for employers not to hire individuals with …

The Weakening Of Fiduciary Law, Andrew F. Tuch

Scholarship@WashULaw

In the 1970s and 80s, as major financial institutions grew and diversified their operations, courts and scholars recognized that fiduciary law posed profound challenges for the organizational practices of these firms. The challenges were considered existential by some: firms, ultimately, would need to slim down their operations, and perhaps even need to disaggregate some units, to avoid fiduciary liability. However, since these challenges were recognized, financial conglomerates have grown massively and focused more on taking direct stakes as principals, a practice that accentuates the risk of conflicts of interest.

How were financial conglomerates able to continue growing and diversifying despite …

Discrimination In Online Employment Recruiting Symposium: Law, Technology, And The Organization Of Work, Pauline T. Kim, Sharion Scott

Scholarship@WashULaw

Employment recruitment is increasingly moving online as employers use Facebook and other social media platforms to advertise job opportunities. This shift to online advertising allows employers to more precisely target workers likely to apply, but also raises concerns about unfair exclusion. This essay explains the mechanisms though which online recruiting can produce discriminatory effects and examines the question of when employers will be liable under existing employment discrimination laws. Both Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act contain little-noticed provisions that specifically forbid discriminatory advertising, in addition to their general prohibitions …

Punishing Criminals For Their Conduct: A Return To Reason For The Armed Career Criminal Act, Sheldon Evans

Scholarship@WashULaw

For over twenty-five years, the Armed Career Criminal Act has produced inconsistent results and has taxed judicial economy perhaps more than any other federal sentencing mechanism. This recidivist sentencing enhancement is meant to punish habitual criminals based on their numerous past crimes, but the Supreme Court’s application of the Act too often allows habitual criminals to escape the intended enhancement on a legal technicality. This comes as a result of the Court’s categorical approach, which punishes habitual criminal offenders based on the statutory elements of their past crimes rather than the conduct of their past crimes. In an effort to …

Four Principles For Digital Expression (You Won't Believe #3!), Neil M. Richards, Danielle Keats Citron

Scholarship@WashULaw

At the dawn of the Internet’s emergence, the Supreme Court rhapsodized about its potential as a tool for free expression and political liberation. In ACLU v. Reno (1997), the Supreme Court adopted a bold vision of Internet expression to strike down a federal law–the Communications Decency Act–that restricted digital expression to forms that were merely “decent.” Far more than the printing press, the Court explained, the mid-90s Internet enabled anyone to become a town crier. Communication no longer required the permission of powerful entities. With a network connection, the powerless had as much luck reaching a mass audience as the …

Confident Pluralism: Surviving And Thriving Through Deep Difference, John D. Inazu

Scholarship@WashULaw

In the three years since Donald Trump first announced his plans to run for president, the United States seems to become more dramatically polarized and divided with each passing month. There are seemingly irresolvable differences in the beliefs, values, and identities of citizens across the country that too often play out in our legal system in clashes on a range of topics such as the tensions between law enforcement and minority communities. How can we possibly argue for civic aspirations like tolerance, humility, and patience in our current moment?

In Confident Pluralism, John D. Inazu analyzes the current state …

Administrative Law's Political Dynamics, Christina L. Boyd, Kent Barnett, Christopher J. Walker

Scholarship@WashULaw

Over thirty years ago, the Supreme Court in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. commanded courts to uphold federal agency interpretations of ambiguous statutes as long as those interpretations are reasonable. This Chevron deference doctrine was based in part on the Court’s desire to temper administrative law’s political dynamics by vesting federal agencies, not courts, with primary authority to make policy judgments about ambiguous laws Congress charged the agencies to administer. Despite this express objective, scholars such as Frank Cross, Emerson Tiller, and Cass Sunstein have empirically documented how politics influence circuit court review of agency statutory …

A Record Of My Writing Career At The College Of The Holy Cross, Vincent A. Lapomarda S.J.

Holy Cross Bookshelf

This bibliography brings together the writings of Vincent J. Lapomarda, S.J. from his fifty years in academia serving as a professor of history at the College of the Holy Cross. While the main focus of this bibliography is his years as a college professor, it does not exclude unpublished writings from graduate school nor published articles before his career as a professor began. The whole, or as much of it as possible, is a record of how one historian has gone about searching for the sources, evaluating these sources and writing his own histories.

Long-Run Linkages Of Asean+3 Floating Currencies, Cesar C. Rufino

DLSU Business & Economics Review

The extent with which currencies of the expanded ASEAN grouping commonly known as the ASEAN+3 have attained long-run currency linkages—an important requisite for an eventual monetary integration—is the main focus of this study. High-frequency interbank call rates (nominal exchange rate vis-à-vis the US dollar) data on seven floating currencies of the region with sufficient historical time series covering the period of 1998 to 2012 (weekly: January 7, 1998, to December 26, 2012—average of bid and ask rates on Wednesdays) constitute the primary database of the study. The goal is to establish through cutting-edge econometric procedures three crucial outcomes: the bilateral …

Asean Bond Market Integration: What Drives Cross-Border Bond Investment In Asean?, Angelo Taningco

DLSU Business & Economics Review

Bond market integration in the Association of Southeast Asian Nations (ASEAN) appears to be relatively low or weak especially in terms of intraregional bond investment despite the robust growth in bond market size in recent years and policy initiatives in support of developing bond markets in the region. This paper aims to contribute to the literature on ASEAN financial integration by providing empirical evidence and policy insights on what can help boost intra-ASEAN bond investment. Using panel regression following a gravity model framework and spanning five major ASEAN member countries—Indonesia, Malaysia, the Philippines, Singapore, and Thailand—over the 2001–2014 period, this …

Is A Regional Credit Rating Agency For The Asean Feasible?, Tereso S. Tullao Jr, Christopher James R. Cabuay,, Daniel S. Hofileña

DLSU Business & Economics Review

In the spirit of deepening the bond markets of the ASEAN+3 region, as well as addressing the inadequacies put forth by the underrating of bonds by global credit rating agencies (GCRAs) and their lack of recognition of domestic CRAs’ (DCRAs) ratings, we look into the feasibility of a regional CRA (RCRA). Establishing an RCRA is faced with hurdles related to institutional and reputational constraints, mechanisms of information exchange, compatibility of financial reports, operational limitations, governance structure, and regulatory frameworks. In this light, we provide a brief discussion on potential alternatives such as the credit ratings initiative of the National University …

Testing The Assumptions Of Slippery Slope Framework On Tax Compliance: Evidence From Nigerian Smes, Augustine Ayuba, Natrah Saad, Zaimah Zainol Ariffin

DLSU Business & Economics Review

This paper integrates the assumptions of the Slippery Slope Framework in explaining the tax compliance of small and medium enterprises. This study tests these assumptions in relation to SMEs taxpayers to further reestablish the applicability of the framework with different kinds of taxpayers. Partial Least Squares Structural Equation Modeling (PLS – SEM) further supported the framework in analyzing the data of this study. The findings reveal that perceived corruption along with perceived service orientation strongly interact each other in expounding the paradox surrounding tax compliance.

Coastal Empire Economic Monitor, 2nd Quarter, 2018, Georgia Southern University Center For Business Analytics And Economic Research

Coastal Empire Economic Monitor

The Economic Monitor provides a continuously updating quarterly snapshot of the Savannah Metropolitan Statistical Area economy, including Bryan, Chatham and Effingham counties in Georgia. The coincident index measures the current economic heartbeat of the region. The leading index is designed to provide a short-term forecast of the region’s economic activity in the upcoming six to nine months.

Making Brazil Work? Brazilian Coalitional Presidentialism At 30 And Its Post- Lava Jato Prospects, Andrea Scoseria Katz

Scholarship@WashULaw

In 1865, British constitutional theorist Walter Bagehot memorably explained that the success of British government lay in “the efficient secret” of its Constitution, which mandates “the nearly complete fusion” of the Government and a strong, programmatic, and productive Parliament. By this yardstick, it is not a terrible exaggeration to say that the Brazilian Constitution of 1988 harbors a very inefficient secret: a weak legislature, widely accused of opportunism and corruption coupled with a diffuse, weak party system that results in ad hoc, temporary, pork-driven legislative coalitions, and a president with ample powers and responsibility for public administrative outcomes.

For the …

Is Religion A Threat To Human Rights? Or Is It The Other Way Around? Defending Individual Autonomy In The Ecthr's Jurisprudence On Freedom Of Religion, Andrea Scoseria Katz, Paulo Pinto De Albuquerque

Scholarship@WashULaw

Religious freedom is part and parcel of the European Convention of Human Rights (ECHR)’s broad catalogue of human rights. Yet in reality, religion and human rights can have a fraught, conflictive relationship. Is religion a threat to human rights? Are human rights a threat to religion?

These questions resist easy answers, yet an examination of the jurisprudence of the European Court of Human Rights’ (ECtHR) suggests that, on the whole, the Court has been more successful in identifying threats posed by religious beliefs or organizations to human rights than vice-versa. As to the former, we examine case-law in two subject …

'Fraternité' In Echr Jurisprudence, Andrea Scoseria Katz, Paulo Pinto De Albuquerque

Scholarship@WashULaw

Solidarity rights can increasingly be found in the jurisprudence of the European Court of Human Rights (ECtHR), the preeminent rights-protecting body in the world. This article examples three specific spheres in which the ideal of solidarity has left its mark on the Court’s jurisprudence: (1) society’s obligation to its most vulnerable members; (2) the right to collective enjoyment of public goods like the environment; and (3) the rights of particular groups to self-development. It examines the manner and extent that such rights have been instantiated and the theoretical difficulties they pose to a human rights court.

Limited Liability Property, Danielle D'Onfro

Scholarship@WashULaw

This Article offers a theory of secured credit that aims to answer fundamental questions that have long percolated in the bankruptcy and secured transactions literatures. Are security interests property rights, contract rights, or something else? Why do secured creditors enjoy a priority right that, in bankruptcy, requires them to be paid in full before other debt holders recover anything? Should we care that secured credit creates distributional unfairness when companies cannot pay their debts?

This Article argues that security interests are best understood as a form of “limited liability property.” Limited liability—the privilege of being legally shielded from liability that …

Limited Liability Property, Danielle D'Onfro

Scholarship@WashULaw

This Article offers a theory of secured credit that aims to answer fundamental questions that have long percolated in the bankruptcy and secured transactions literatures. Are security interests property rights, contract rights, or something else? Why do secured creditors enjoy a priority right that, in bankruptcy, requires them to be paid in full before other debt holders recover anything? Should we care that secured credit creates distributional unfairness when companies cannot pay their debts?

This Article argues that security interests are best understood as a form of “limited liability property.” Limited liability—the privilege of being legally shielded from liability that …

Judicial Conflicts And Voting Agreement: Evidence From Interruptions At Oral Argument, Kyle Rozema, Tonja Jacobi

Scholarship@WashULaw

This Article asks whether observable conflicts between judges in a case—interruptions between Supreme Court justices during oral arguments—are associated with future breakdowns in voting agreement among the judges in the case. To do so, we built a dataset containing justice-to-justice interruptions in cases between 1960 to 2015, and employ a framework for measuring case outcomes that treats the outcomes as a set of agreements and disagreements between pairs of justices. We find that on average a judicial pair is 7 percent less likely to vote together in a case for each interruption that occurs in the case between the judicial …

Chevron Patterns In The Circuit Courts, Christina L. Boyd, Kent Barnett, Christopher J. Walker

Scholarship@WashULaw

Chevron U.S.A., Inc. v. NRDC required courts to defer to federal agencies reasonable interpretation of ambiguous statutes that are administered through the agency. However, recently this “Chevron deference” has been called into question by the judiciary, the legal academy, and Congress. In this essay we briefly describe and highlight three of the most noteworthy findings from our empirical study of over 1,300 decisions of agency statutory interpretation (based on articles published in Chevron in the Circuit Courts, 116 Mich. L. Rev. 1 (2017) (Barnett and Walker); Chevron Step Two’s Domain, 93 Notre Dame L. Rev. 1441 (2018) (Barnett and Walker); …

Sentencing Reform: Fixing Root Problems, Peter A. Joy, Rodney J. Uphoff

Scholarship@WashULaw

In theory, at least, many subscribe to the belief that it is better to let 10 or 100 guilty persons go free rather than convict an innocent person. Indeed, the American criminal justice system provides criminal defendants a panoply of important rights, including the right to effective assistance of counsel, in large part to ensure that the innocent are not convicted of crimes that they did not commit. But defense counsel is there not only to protect the innocent, but also to ensure that, if the defendant is found guilty after trial or if the defendant pleads guilty before trial, …

The Impact Of The Cost Of Car Ownership On House Price Gradient In Singapore, Naqun Huang, Jing Li, Amanda Ross

Research Collection School Of Economics

This paper examines the extent to which a change in the cost of car ownership affects the house price gradient with respect to distance from the central business district (CBD). Theory suggests that if the cost of car ownership increases, then people will shift towards other modes of transportation, thus reducing house prices farther away from the CBD. However, the cost of car ownership is likely to be endogenous and correlated with various unobserved factors that also contribute to a change in the house price gradient. To obtain causal effects, we exploit a unique feature of Singapore’s car registration process. …

Contributors Of Singaporean Youths' Wellbeing: Life Goals, Family-Community-Nation Capitals, Opportunity And Social Mobility, Kong Weng Ho

Research Collection School Of Economics

Life goals induce one’s current investment and set one’s expectations of future outcomes, affecting one’s current state of subjective wellbeing. Using National Youth Survey (NYS) 2016, which has a representative sample of Singaporean youths, we find that non-zero-sum life goals such as family-oriented life goals and altruism-oriented life goals enhance happiness and life satisfaction of Singaporean youths while career-oriented life goals, zero-sum in nature, reduce subjective wellbeing. Apart from personal motivations or life aspirations, perceived social mobility (in terms of career opportunity and meritocracy) matters positively in the subjective wellbeing of both youths in school and in the workforce. Family …

The Effect Of Localized Density On Housing Prices In Singapore, Eric Fesselmeyer, Kiat Ying Sky Seah, Jonathan Ci Yi Kwok

Research Collection College of Integrative Studies

This paper measures how localized residential density impacts housing prices in Singapore. Using exogenous variation in residential density, we find that an increase in density causes non-trivial decreases in property values: a 10% increase in density decreases price per square foot by between 1.3% and 2%. To the best of our knowledge, ours is the first paper to measure this effect.Further, we find that the negative effect of density is biggest in magnitude for low density apartment projects and the magnitude is decreasing in the density of the project, and that the negative effect of density is increasing in magnitude …

An Introduction To The Singapore Convention On Mediation: Perspectives From Singapore, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

At the 51st Session of the United Nations (UN) Commission on International Trade Law (UNCITRAL) on 25th June 2018, the final draft of the Convention on the Enforcement of International Settlement Agreements (the ‘Convention’) was recommended for submission to the UN General Assembly for its consideration, and the corresponding Model Law was adopted. A resolution to name the Convention the ‘Singapore Convention on Mediation’ was also approved. This concluded three years of vigorous debate in UNCITRAL Working Group II (Dispute Settlement) with participation by 85 member States and 35 international governmental and non-governmental organisations. The UN General Assembly has adopted …

Modifikasi Pembobotan Systemic Important Score Dengan Principal Component Analysis, Samsul Anwar

Jurnal Ekonomi dan Pembangunan Indonesia

The Financial Services Authority regulation No.46/POJK.03/2015 states that the calculation of Systemic Important Score (SIS) of a bank uses the same weighting for all three indicators: size, interconnectedness, and complexity. It disowns the possibility that one those indicators may give more contribution in determining the data structure of SIS assessment component than the others. This study offers an alternative weighting system to calculate SIS. The weighting system is based on eigenvectors of Principal Component Analysis by starting with standardizing the data. The simulation results show that the order of banking systemic levels in Indonesia from the highest are banking BUSN …

Analisis Pola Konsumsi Pangan Berdasarkan Status Ipm Di Jawa Timur, Dewi Mayasari, Dias Satria, Iswan Noor

Jurnal Ekonomi dan Pembangunan Indonesia

The objectives of this article are (1) to analyze the influence of socio economic characteristics in influencing patterns of food consumption by HDI and (2) Analyze demand responses (elasticity) of East Java household to food prices and income changes. Linear Approximation Almost Ideal Demand System (LA/AIDS) and elasticity are used to answer the objectives by using microdata Susenas 2016. The result indicates that generally, socio economic characteristics contribute substantially in determining household food consumption patterns and based on their elasticity values, food commodities in East Java are price inelastic and more responsive to income changes.

Loaning Books By The Semester: A Case Study At A Community College Library, Jennifer Noe

Publications and Research

During the spring and fall semesters of 2016 and the spring semester of 2017, Kingsborough Community College, part of the City University of New York, launched an initiative to loan over 5,000 books for the entire semester to students in its Learning Communities and other special programs. This paper is a case study that describes the challenges of implementing the Textbook Learning Initiative by the Access Services department of the college's Robert J. Kibbee Library and its ongoing work as all of these specially purchased titles are now in the general collection for all students on a first come, first …

Student Voices: New Experiences, Empowerment, & Moral Development In Physical Education, Sarah Hoague

Antioch University Dissertations & Theses

This dissertation documents an effort to spark an explicit conceptualization of the Adventure Curriculum for Physical Education (ACPE) as a universally delivered Social Emotional Learning (SEL) program. The ACPE program is a K-12 program that integrates adventure activities into a physical education curriculum for the purpose of fostering student social and emotional skills (Panicucci, Hunt, Constable, Kohut, & Rheingold, 2003). The ACPE program was first implemented in 1971. Initially inspired by the philosophy of Outward Bound, ACPE developers at Project Adventure sought to bring a sense of adventure to the school setting in order to support student self-empowerment. Although ACPE …