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2019

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Full-Text Articles in Social and Behavioral Sciences

“Islamic Tradition”: Questioning The Bosnian Model, Zora Hesová Jan 2019

“Islamic Tradition”: Questioning The Bosnian Model, Zora Hesová

Occasional Papers on Religion in Eastern Europe

Debates over whether there can be a ‘European Islam’ have not ceased since 1990s when the term was coined by Bassam Tibi. This paper aims to question the idea of a ‘progress towards a liberal Islam’ as being too straightforward by providing historical, political and also intellectual context to the practice of Islam in Bosnia and, above all, by analysing the present logic of looking for a particular Islamic identity.


Sex, Drugs, And Rock 'N' Roll: What Shall We Ban Next?, Gordon A. Crews, Samantha Leigh Crews Jan 2019

Sex, Drugs, And Rock 'N' Roll: What Shall We Ban Next?, Gordon A. Crews, Samantha Leigh Crews

Criminal Justice Faculty Publications

Music, literature, movies, and all forms of entertainment play an important role in the socialization of adolescents. Present everywhere and easily available, this allows children almost limitless access to questionable entertainment alone or with friends. Parents are unaware of the content of what their children are absorbing because of the use of downloaded music, videos, and literature, and the use of headphones. Research on popular culture/entertainment has explored its effects on schoolwork, social interactions, and particularly behavior. Lyrics have become more explicit in their references to drugs, sex, and violence over the years, particularly in certain genres. And, in turn, …


Mens Rea Reform And Iis Discontents, Benjamin Levin Jan 2019

Mens Rea Reform And Iis Discontents, Benjamin Levin

Scholarship@WashULaw

This article examines the debates over recent proposals for “mens rea reform.” The substantive criminal law has expanded dramatically, and legislators have criminalized a great deal of common conduct. Often, new criminal laws do not require that defendants know they are acting unlawfully. Mens rea reform proposals seek to address the problems of overcriminalization and unintentional offending by increasing the burden on prosecutors to prove a defendant’s culpable mental state. These proposals have been a staple of conservative-backed bills on criminal justice reform. Many on the left remain skeptical of mens rea reform and view it as a deregulatory vehicle …


Interstitial Space Law, Melissa (M.J.) Durkee Jan 2019

Interstitial Space Law, Melissa (M.J.) Durkee

Scholarship@WashULaw

Conventionally, customary international law is developed through the actions and beliefs of nations. International treaties are interpreted, in part, by assessing how the parties to the treaty behave. This Article observes that these forms of uncodified international law—custom and subsequent treaty practice—are also developed through a nation’s reactions, or failures to react, to acts and beliefs that can be attributed to it. I call this “attributed lawmaking.”

Consider the new commercial space race. Innovators like SpaceX and Blue Origin seek a permissive legal environment. A Cold-War-era treaty does not seem adequately to address contemporary plans for space. The treaty does, …


Big Data And Artificial Intelligence: New Challenges For Workplace Equality, Pauline Kim Jan 2019

Big Data And Artificial Intelligence: New Challenges For Workplace Equality, Pauline Kim

Scholarship@WashULaw

This essay contains remarks delivered in a keynote speech at the University of Louisville Brandeis School of Law’s 35th Annual Carl A. Warns and Edwin R. Render Labor and Employment Law Institute. Big data and artificial intelligence are increasingly being used by employers in their human resources processes in ways that control access to employment opportunities. This essay describes some of those developments and explains how practices like targeted online recruitment strategies and the use of hiring algorithms to screen applicants raise a significant risk of discriminating against protected groups such as women and racial minorities. It then considers some …


Data Mining And The Challenges Of Protecting Employee Privacy Under U.S. Law, Pauline Kim Jan 2019

Data Mining And The Challenges Of Protecting Employee Privacy Under U.S. Law, Pauline Kim

Scholarship@WashULaw

Concerns about employee privacy have intensified with the introduction of data mining tools in the workplace. Employers can now readily access detailed data about workers’ online behavior or social media activities, purchase background information from data brokers, and collect additional data from workplace surveillance tools. When data mining techniques are applied to this wealth of data, it is possible to infer additional information about employees beyond the information that is collected directly. As a consequence, these tools can alter the meaning and significance of personal information depending upon what other information it is aggregated with and how the larger dataset …


Global Lawmakers: International Organizations In The Crafting Of World Markets: Book Review, Melissa (M.J.) Durkee Jan 2019

Global Lawmakers: International Organizations In The Crafting Of World Markets: Book Review, Melissa (M.J.) Durkee

Scholarship@WashULaw

Susan Block-Lieb and Terence Halliday gradually build up an empirically grounded, meticulously realized argument that individual lawmakers matter. When one allows facts to inform theory rather than the other way around, the authors show, what becomes clear is that individual lawmakers are not just governmental delegates, but a whole variety of professionals, industry association representatives, and others with some stake in the lawmaking process. These actors work not just through formal processes, but also through an array of informal ones. Most importantly, their presence matters to the content of the legal norms that take hold around the world.

The book …


The Pathologies Of Digital Consent, Neil M. Richards, Woodrow Hartzog Jan 2019

The Pathologies Of Digital Consent, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Consent permeates both our law and our lives — especially in the digital context. Consent is the foundation of the relationships we have with search engines, social networks, commercial web sites, and any one of the dozens of other digitally mediated businesses we interact with regularly. We are frequently asked to consent to terms of service, privacy notices, the use of cookies, and so many other commercial practices. Consent is important, but it’s possible to have too much of a good thing. As a number of scholars have documented, while consent models permeate the digital consumer landscape, the practical conditions …


Holmes, Humility, And How Not To Kill Each Other, John D. Inazu Jan 2019

Holmes, Humility, And How Not To Kill Each Other, John D. Inazu

Scholarship@WashULaw

Oliver Wendell Holmes’s dissent in Abrams v. United States is one of the intellectual anchors of modern First Amendment doctrine. In the century since Abrams, we have witnessed changes in society, technology, and politics that have shaped and reshaped the contours of our First Amendment landscape. But not everything has changed — some aspects of our human experience remain remarkably similar to the context in which Holmes wrote. One unchanged aspect of the human condition is our inability to know with certainty. Confronted with this reality in his own day, Holmes at times gestured toward a foundationless relativism. But even …


Why Does Parental Divorce Lower Children's Educational Attainment? A Causal Mediation Analysis, Ravaris Moore Jan 2019

Why Does Parental Divorce Lower Children's Educational Attainment? A Causal Mediation Analysis, Ravaris Moore

Sociology Faculty Works

Mechanisms explaining the negative effects of parental divorce on children's attainment have long been conjectured and assessed. Yet few studies of parental divorce have carefully attended to the assumptions and methods necessary to estimate causal mediation effects. Applying a causal framework to linked U.S. panel data, we assess the degree to which parental divorce limits children's education among whites and nonwhites and whether observed lower levels of educational attainment are explained by postdivorce family conditions and children's skills. Our analyses yield three key findings. First, the negative effect of divorce on educational attainment, particularly college, is substantial for white children; …


The Contributors, Marites Tiongco Jan 2019

The Contributors, Marites Tiongco

DLSU Business & Economics Review

No abstract provided.


Are Filipino Smokers More Sensitive To Cigarette Prices Due To The Sin Tax Reform Law?: A Difference-In-Difference Analysis, Myrna S. Austria, Jesson A. Pagaduan Jan 2019

Are Filipino Smokers More Sensitive To Cigarette Prices Due To The Sin Tax Reform Law?: A Difference-In-Difference Analysis, Myrna S. Austria, Jesson A. Pagaduan

DLSU Business & Economics Review

Employing a two-part estimation model using the Family Income Expenditure Survey before (2009) and after (2015) the tax reform, our study assessed the impact of the Philippine Sin Tax Reform Act (2012) on cigarette consumption and the responsiveness of cigarette consumption to price changes. The results are consistent with existing studies that cigarette consumption is price inelastic. The demand, however, has become less inelastic in the Philippines over the period 2009 to 2015, indicating a more responsive cigarette demand to price increases. Of the total effect of cigarette price increase on demand, the decrease in consumption by smokers (smoking intensity) …


The Role Of Fiscal Policy In A Natural Disaster-Prone Economy, Dickson Lim Jan 2019

The Role Of Fiscal Policy In A Natural Disaster-Prone Economy, Dickson Lim

DLSU Business & Economics Review

Theoretical work done on the macroeconomic impact of natural disasters has neglected the role of fiscal policy in stabilizing other sectors of the economy. Although inclusion of a public sector with a fiscal authority in macroeconomic models is common in the literature, most of these models assume that government expenditures are unproductive in that they do not accrue to anyone but the government. In reality, for a model that incorporates natural disaster and foreign aid, having a productive fiscal authority that produces public goods and services, as well as infrastructure, is necessary to capture the real effects of foreign aid …


Deep Habits And Taxes: A Simulation Study, Lawrence B. Dacuycuy Jan 2019

Deep Habits And Taxes: A Simulation Study, Lawrence B. Dacuycuy

DLSU Business & Economics Review

Using a calibrated dynamic model that embeds endogenous fiscal policy tools, this note provides simulation evidence on the effectiveness of tax and fiscal spending policies in determining key macroeconomic outcomes. The model was chosen because newly imposed taxes in the Philippines have affected the prices of consumption varieties and plausibly because of deep habits, the pricing policies of firms have become dynamic. Building upon the seminal model of Ravn, Schmitt-Grohe, and Uribe (2006), this note shows that preference structures do have a key role to play in determining the response of private consumption to endogenous fiscal policy. Results show that …


Can Government Bond Replace Rational Bubbles? The Empirical Investigation On Singapore And Thailand, Athakrit Thepmongkol, Pichet Kaytanyaluk Jan 2019

Can Government Bond Replace Rational Bubbles? The Empirical Investigation On Singapore And Thailand, Athakrit Thepmongkol, Pichet Kaytanyaluk

DLSU Business & Economics Review

This paper aims to test the theoretical policy implication on rational bubbles. Many works, including Caballero and Krishnamurthy (2006), Kocherlakota (2009), and Martin and Ventura (2011), suggested that government bonds can rule out rational bubbles. We constructed our own bubble index using the Fourier transformation technique and, as a result, found the empirical support of the theory in the case of Singapore, but not in the case of Thailand. For the case of Singapore, the credibility in an ability to collect tax and the appropriate yield of government bonds are keys to the effectiveness of such the anti-bubble policy. Moreover, …


How Does Value Relevance Of Accounting Information React To Financial Crisis?, Karl Louis Eugenio, Rhobe Mitch Ailarie Parel, Katrina Marie Reyes, Keith Brian Yu, Cynthia Cudia Jan 2019

How Does Value Relevance Of Accounting Information React To Financial Crisis?, Karl Louis Eugenio, Rhobe Mitch Ailarie Parel, Katrina Marie Reyes, Keith Brian Yu, Cynthia Cudia

DLSU Business & Economics Review

The relevance of financial reports rests on the value relevance of accounting information. Since accounting information is value relevant only when used by investors to reflect stock valuations, it takes trust from the users of financial information over the financial statements. The heightened volatility of markets during periods of financial distress or crisis raises the imperative to determine the value of financial information during these periods. The great recession of 2008 also victimized East Asia, and firm strategies were influenced by resulting economic shocks. In this study, we aim to determine how value relevance of accounting information differ before, during, …


Impact Of Cash Holding On Foreign Institutional Holding In Large Manufacturing Companies In India: An Empirical Study, Souvik Banerjee Jan 2019

Impact Of Cash Holding On Foreign Institutional Holding In Large Manufacturing Companies In India: An Empirical Study, Souvik Banerjee

DLSU Business & Economics Review

Foreign institutions are playing a major role in a number of emerging market economies these days. In India, their investment acts as one of the cornerstones of market movement. In this research paper, it is explored whether cash holding levels have a bearing on the foreign institutional holding in large manufacturing companies in India. Various factors like size, profitability, growth opportunity, lifecycle, prior dividend payout, leverage,and so forth are controlled. Data is analyzed for a period of 16 years starting from the financial year 2000–01. The analysis is done in the form of panel data. The findings of the empirical …


Anticipating Aging And Prospecting Pension For Retirement Well-Being, Roberto E. Javier Jr., Mitzie Irene Conchada, Melvin Jabar Jan 2019

Anticipating Aging And Prospecting Pension For Retirement Well-Being, Roberto E. Javier Jr., Mitzie Irene Conchada, Melvin Jabar

DLSU Business & Economics Review

Filipino young and middle-aged adults anticipate old age positively as it is a mark of achievement in human life but negatively apprehend living through their old age, given the high incidence of poverty among the elderly in the Philippines. The issues surrounding the insurance system, income security, and social pension in old age were all related to unfavorable views about living through the aging years. In-depth group interviews (IGIs) conducted across cities and municipalities in the countryside generated conceptions about aging and concerns about becoming old in a society with no strong social protection for its graying population. A qualitative …


Assessing The Poverty And Distributional Impact Of Alternative Rice Policies In The Philippines, Caesar B. Cororaton, Krista Danielle S. Yu Jan 2019

Assessing The Poverty And Distributional Impact Of Alternative Rice Policies In The Philippines, Caesar B. Cororaton, Krista Danielle S. Yu

DLSU Business & Economics Review

Philippine domestic prices of rice are significantly higher than world prices for similar rice quality. The WTO- approved Philippine rice waiver, which allows the government to continue its quantitative restrictions on rice imports, sustains

the price gap in rice and prolongs the heavy burden on poor consumers who spend a significant amount of their income on rice. The results of rice policy simulations using a CGE model with poverty microsimulation indicate that a tariffication of the quantitative restrictions on rice imports, which maintains the level of protection to the local paddy farmers and the utilization of the generated revenue as …


Coastal Empire Economic Monitor, 1st Quarter, 2019, Georgia Southern University Center For Business Analytics And Economic Research Jan 2019

Coastal Empire Economic Monitor, 1st Quarter, 2019, Georgia Southern University Center For Business Analytics And Economic Research

Coastal Empire Economic Monitor

The Economic Monitor provides a continuously updated 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.


Coastal Empire Economic Monitor, 3rd Quarter, 2019, Georgia Southern University Center For Business Analytics And Economic Research Jan 2019

Coastal Empire Economic Monitor, 3rd Quarter, 2019, Georgia Southern University Center For Business Analytics And Economic Research

Coastal Empire Economic Monitor

The Economic Monitor provides a continuously updated 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.


Corporate Stewardship, Danielle D'Onfro Jan 2019

Corporate Stewardship, Danielle D'Onfro

Scholarship@WashULaw

Harnessing strategies both ancient and modern — hostages, surety, gatekeepers, and blame — this Article proposes a new tool for achieving more efficient corporate compliance. It begins with the premise that a handful of well-known factors, including agency costs, misaligned time-horizons, cognitive biases, and insufficiently deterrent legal regimes sometimes cause companies to ignore important public safety obligations even when those obligations are cost-effective and welfare-maximizing. The result is systemic undercompliance with certain regulatory obligations. Despite the seriousness of this problem, currently available options for motivating compliance mostly fail to make public-safety regulations sufficiently salient to the individuals who perform the …


Immigrant Sanctuary As The 'Old Normal': A Brief History Of Police Federalism, Trevor George Gardner Jan 2019

Immigrant Sanctuary As The 'Old Normal': A Brief History Of Police Federalism, Trevor George Gardner

Scholarship@WashULaw

Three successive presidential administrations have opposed immigrant sanctuary policy, at various intervals characterizing state and local government restrictions on police participation in federal immigration enforcement as reckless, aberrant, and unpatriotic. This Article finds these claims to be ahistorical in light of the long and singular history of a field this Article identifies as “police federalism.” For nearly all of U.S. history, Americans within and outside of the political and juridical fields flatly rejected federal policies that would make state and local police subordinate to the federal executive. Drawing from Bourdieusian social theory, this Article conceptualizes the sentiment driving this longstanding …


Right At Home: Modeling Sub-Federal Resistance As Criminal Justice Reform, Trevor George Gardner Jan 2019

Right At Home: Modeling Sub-Federal Resistance As Criminal Justice Reform, Trevor George Gardner

Scholarship@WashULaw

Over the past two decades, state and local governments have crippled the federal war on marijuana as well as a series of federal initiatives designed to enforce federal immigration law through city and county police departments. This Article characterizes these and similar events as sub-federal government resistance in service of criminal justice reform. In keeping with recent sub-federal criminal reform movements, it prescribes a process model of reform consisting of four stages: enforcement abstinence, enforcement nullification, mimicry, and enforcement abolition. The state and local governments that pass through each of these stages can frustrate the enforcement of federal criminal law …


Deliberation's Demise: The Rise Of One-Party Rule In The Senate, Kathleen Clark, Tiefer Charles Jan 2019

Deliberation's Demise: The Rise Of One-Party Rule In The Senate, Kathleen Clark, Tiefer Charles

Scholarship@WashULaw

Much of the recent legal scholarship on the Senate expresses concern about gridlock, which was caused in part by the Senate’s supermajority requirement to pass legislation and confirm presidential nominees. This scholarship exalted the value of procedural changes permitting the majority party to push through legislation and confirmations, and failed to appreciate salutary aspects of the supermajority requirement: that it provided a key structural support for stability and balance in governance. The Senate changed its rules in order to address the problem of partisan gridlock, and now a party with a bare majority is able to force through much of …


Special Counsel Investigations And Legal Ethics: The Role Of Secret Taping, Peter A. Joy Jan 2019

Special Counsel Investigations And Legal Ethics: The Role Of Secret Taping, Peter A. Joy

Scholarship@WashULaw

In July 2016, Michael Cohen, then presidential candidate Donald Trump’s lawyer, secretly recorded Trump discussing how they would use the publisher for the National Enquirer to purchase former Playboy model Karen McDougal’s story about an alleged affair with Trump in order to stop it from becoming public before the 2016 presidential election. The National Enquirer’s publisher purchased McDougal’s story in August 2016. In a similar move to quash another alleged affair from going public in October 2016, Cohen set up a corporation to purchase adult film star Stormy Daniels’s story of her affair with Trump. Trump was elected President in …


Judges' Misuse Of Contempt In Criminal Cases And Limits Of Advocacy, Peter A. Joy Jan 2019

Judges' Misuse Of Contempt In Criminal Cases And Limits Of Advocacy, Peter A. Joy

Scholarship@WashULaw

This article examines the conduct of Judge Julius Hoffman and the defense lawyers, William Kunztler and Leonard Weinglas, in the Chicago Eight Trial. The article presents lessons from the Chicago Eight Trial about the limits of a judge's contempt authority against defense lawyers in criminal matters, and how far a defense lawyer may go in advocating for a client without being liable for contempt of court.


On Factor Models With Random Missing: Em Estimation, Inference, And Cross Validation, Liangjun Su, Ke Miao, Sainan Jin Jan 2019

On Factor Models With Random Missing: Em Estimation, Inference, And Cross Validation, Liangjun Su, Ke Miao, Sainan Jin

Research Collection School Of Economics

We consider the estimation and inference in approximate factor models with random missing values. We show that with the low rank structure of the common component, we can estimate the factors and factor loadings consistently with the missing values replaced by zeros. We establish the asymptotic distributions of the resulting estimators and those based on the EM algorithm. We also propose a cross validation-based method to determine the number of factors in factor models with or without missing values and justify its consistency. Simulations demonstrate that our cross validation method is robust to fat tails in the error distribution and …


Econometric Estimates Of Earth's Transient Climate Sensitivity, Peter C. B. Phillips, Thomas Leirvik, Trude Storelvmo Jan 2019

Econometric Estimates Of Earth's Transient Climate Sensitivity, Peter C. B. Phillips, Thomas Leirvik, Trude Storelvmo

Research Collection School Of Economics

How sensitive is Earth's climate to a given increase in atmospheric greenhouse gas (GHG) concentrations? This long-standing question in climate science was recently analyzed by dynamic panel data methods using extensive spatio-temporal data of global surface temperatures, solar radiation, and GHG concentrations over the last half century to 2010 (Storelvmo et al, 2016). Those methods revealed that atmospheric aerosol effects masked approximately one-third of the continental warming due to increasing GHG concentrations over this period, thereby implying greater climate sensitivity to GHGs than previously thought. The present study provides regularity conditions and asymptotic theory justifying the use of time series …


Building Toward The Rcep? Reflections On The Asean-China Fta, Heng Wang Jan 2019

Building Toward The Rcep? Reflections On The Asean-China Fta, Heng Wang

Research Collection Yong Pung How School Of Law

Among the ASEAN’s external FTAs, the ASEAN-China Free Trade Agreement (ACFTA) is ofgreat significance to both the ASEAN and China. The ACFTA was one of the earliest trade pactsconcluded by China. It is also part of the ASEAN’s broader push toward concluding FTAs outside themultilateral trading system, in line with the proliferation of regional trade pacts. This chapter willanalyze the following questions: what is the approach of the ACFTA? What are the implications ofthe ACFTA for the the Regional Comprehensive Economic Partnership (RCEP)? What nationalimplementation issues are involved with the ASEAN? The potential implications of the AHKFTA willbe explored. The …