Social and Behavioral Sciences Commons^™

Natural Resource Curse, Economic Freedom, Economic Growth And Development: Case Of Africa, Oluwatomisin Shalom Akinbo

Dissertations, Master's Theses and Master's Reports

Over the years, there has been discord or lack of agreement on the effect that natural resources have on economic growth and development. This study adopts output approach to investigate the effect that natural resources and institutions (Economic Freedom) have on economic growth for the period of 1960 to 2020 using World Bank data. The analysis employs Multiple Regression Analysis based on augmented Ordinary Least Squares Regression methods. The results are mixed, as the outcome indicates that, while natural resources are positively related to economic growth, there exists a crowding out effect between natural resources and two sectors of the …

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 …

Racialized Bankruptcy Federalism, Rafael I. Pardo

Scholarship@WashULaw

Notwithstanding the robust national power conferred by the U.S. Constitution’s Bankruptcy Clause, the design and administration of federal bankruptcy law entails choices about the extent to which non-bankruptcy-law entitlements will remain un-displaced. When such entitlements sound in domestic nonfederal law (i.e., state or local law), displacing them triggers federalism concerns. Considerations regarding the relationship between the federal government and the nation’s smaller political subdivisions might warrant preserving nonfederal-law entitlements even though their displacement would be authorized pursuant to the bankruptcy power. But such considerations might also suggest replacing those entitlements with bankruptcy-specific ones. Some scholarship has theorized about the principles …

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 …

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 …

Artificial Intelligence And The Challenges Of Workplace Discrimination And Privacy, Pauline Kim, Matthew T. Bodie

Scholarship@WashULaw

Employers are increasingly relying on artificially intelligent (AI) systems to recruit, select, and manage their workforces, raising fears that these systems may subject workers to discriminatory, invasive, or otherwise unfair treatment. This article reviews those concerns and provides an overview of how current laws may apply, focusing on two particular problems: discrimination on the basis of protected characteristics like race, sex, or disability, and the invasion of workers’ privacy engendered by workplace AI systems. It discusses the ways in which relying on AI to make personnel decisions can produce discriminatory outcomes and how current law might apply. It then explores …

Welcoming Participation, Avoiding Capture: A Five-Part Framework Between Participation And Capture: Non-State Actor Participation In International Rule-Making, Melissa (M.J.) Durkee

Scholarship@WashULaw

What role should non-state actors have in the work of international organizations? It is particularly fitting that this panel is titled “between participation and capture,” because the phrase calls up the conflicting values that animate this question. When we think of non-state actors “participating” in the work of international organizations, we think about open, transparent organizations that are receiving the benefit of diverse perspectives and expertise. We may associate this phrase with process, access, and legitimacy in governance. On the other hand, when we think about non-state actors “capturing” the agenda of international organizations, we have a conflicting set of …

Why We Need Better Corporate Governance Data, Jens Frankenreiter, Cathy Hwang, Yaron Nili, Eric L. Talley

Scholarship@WashULaw

Three decades of finance, economics, and legal studies in corporate governance have been built substantially on data sets with nearly unknown provenance. A new paper sets to correct this fatal flaw of contemporary corporate governance research by debuting a brand new resource—the Cleaning Corporate Governance database.

The Future Or Fancy? An Empirical Study Of Public Benefit Corporations, James Hicks, Michael B. Dorff, Steven Davidoff Solomon

Scholarship@WashULaw

The public benefit corporation (“PBC”) is one of the most hyped developments in corporate law, due to the PBC’s unique social purpose. Unlike the traditional corporation, directors of PBCs are required under their fiduciary duties to consider the impact of their decisions on a range of stakeholders and communities. This new form is hailed by many as a framework for a reformed capitalism. Critics, on the other hand, have assailed PBCs as unworkable—at best allowing corporations to “greenwash,” providing a thin disguise for ordinary corporate profit-seeking behavior.

What has been lacking in this debate is evidence about whether and how …

Undergraduate Education Value: A Comparative Analysis Of China And The United States, Alexandra Allman

Walden Dissertations and Doctoral Studies

Within the international higher education community there is not a system nor gold standard to identify the value of higher education institutions (HEIs). For the current research, the definition of value was determined through quantitative methods considering utility and cost. The research problem underscored the importance of valuing undergraduate education in the United States and China, from a comparative perspective. A credible link was established that provided evidence to preserve the value indicator as an international standard within the HEI community. The study's purpose was to define the value of undergraduate education and create an international standard through a comparative …

Understanding Postamnesty Youth Violence In The Niger Delta Region Of Nigeria, Joel Dimiyen Bisina

Walden Dissertations and Doctoral Studies

The experience of youth with violence in the Niger Delta (ND) of Nigeria and the negative consequences to the nation are well-documented in the literature. Youth violence poses a significant threat to national security, economic survival, and Nigeria’s unity and regional peace stabilization. Literature on youths’ experiences with postamnesty violence in the ND is scant. Postamnesty represents the period immediately after the disarmament and demobilization of combatant youth following the proclamation of the presidential amnesty program in Nigeria’s ND. The purpose of this qualitative phenomenological study was to bring an understanding to postamnesty youth violence (PAYV) through the lived experiences …

The Implementation Of Universal Basic Education In A School In Nigeria, Romanus A. Igweonu

Walden Dissertations and Doctoral Studies

The Nigerian government has been concerned in recent years with students’ achievement gaps in basic science. Currently, there is not enough research on the perspectives of administrators and teachers concerning their practices and experiences of Universal Basic Education (UBE) programs and their influence on students’ science achievements. In this basic qualitative study, the perceptions of three administrators and eight basic science teachers in a selected school were explored regarding their practices and experiences utilizing the UBE program to bridge achievement gaps among ninth grade students in basic science. The conceptual framework was based on the Fullan change theory that assumes …

Socioeconomic Effect Of Tourism In Nur-Sultan After Expo-2017, Dana Kurmasheva

Walden Dissertations and Doctoral Studies

Experts have studied tourism as an economic or social phenomenon but have overlooked its dual socioeconomic nature, which prevents public administrators from understanding the industry’s impact on local communities. This qualitative study conducted in a city in Central Asia addressed this problem by considering the views of tourism stakeholders related to the industry’s socioeconomic impact on the city’s local community in 2017. The theoretical framework included corporate social responsibility theory and organizational economics theory. Open-ended interviews with 15 tourism stakeholders from the city’s business, NGO, and government sectors provided data that were analyzed using two-cycle coding. Themes related to business, …

Redefining Sustainable Tourism In Covid-19: A Political-Economy Approach, Eylla Laire M. Gutierrez

DLSU Business & Economics Review

Tourism has emerged as a critical sector generating economic growth and development across countries in the world. However, in the face of the outbreak of the COVID-19 pandemic, it is also considered as one of the most heavily hit sectors. Given the backdrop of all the measures implemented to prevent the spread of the outbreak and the changing mindset of actors towards travel, sustainable tourism is expected to play a more critical role in the face of the new normal. This article aims to provide a better understanding of sustainable tourism by utilizing a political economy approach. Specifically, this article …

Does The Organizer’S Reputation Affect Exhibitors’ Satisfaction?, Luz Suplico, Reynaldo Bautista Jr., Carlo Saavedra

DLSU Business & Economics Review

This research surveyed 229 exhibitors of the Manila FAME Trade Fair held last October 19–21, 2018, in the Philippines to find out if the trade fair organizer’s reputation was significant to exhibitors’ satisfaction. The other variable that was studied to determine if they affected exhibitors’ satisfaction was the quality of service dimensions of booth design and layout, exhibition logistics, venue services, and show management. The quality of these service dimensions was tested using structural equation modeling to determine if there is a relationship between the quality of the service dimensions and the trade fair organizer’s reputation, exhibitors’ satisfaction, and behavioral …

Risk Perception In Respect Of Equity Shares: A Literature Review And Future Research Agenda, Ranjit Singh, K. Kajol, Jayashree Bhattacharjee

DLSU Business & Economics Review

The purpose of this paper is to systematically review the literature published on various aspects of risk perception about equity investment. It also aims to raise specific questions for future research. A comprehensive and systematic literature review is done to get the insights of the available literature with an objective to identify the determinants of equity-share-related risk perception and identify its impact that influences equity investment behavior. The study found that risk perception can be measured mainly by using the axiomatic approach, socio cultural group approach, emotional reactions, marketing mix approach, and psychometric approach. It is also found that the …

Georgia Southern Libraries Annual Report 2021, Georgia Southern University Libraries

Library Annual Reports

The University Libraries use a fiscal year scorecard to plan and coordinate strategic initiatives. The goals listed in the scorecard are aligned with the University’s Strategic Plan and specifically address how we support those goals. As a team, we develop a yearly scorecard to itemize and track select activities, by strategic planning goal, within our departments and as a Libraries. These combined activities represent our commitment to strategic planning initiatives for that fiscal year. The combined structure of University’s goals and Libraries’ objectives and activities serve as our strategic planning document.

The Rules Of The (Belt And) Road: How Lawyers Participate In China's Outbound Investment And Infrastructure Initiatives, Lawrence J. Liu

Scholarship@WashULaw

This article provides a bottom-up view of China’s Belt and Road Initiative (BRI) though an empirical examination of how and why domestic lawyers are engaged in BRI investment and infrastructure projects. Drawing on an original dataset of biographical information of, and eleven semi-structured interviews with, lawyers identified by the state as “BRI and Cross-Border Legal Experts,” I examine these lawyers’ demographic characteristics, the knowledge they rely upon in their work, and their motivations. I find that China’s BRI lawyers work and speak in ways similar to cross-border lawyers from countries like the United States. At the same time, these state-adjacent …

The Apa And The Assault On Deference, Ronald Levin

Scholarship@WashULaw

Recently, in Kisor v. Wilkie, a concurring opinion by Justice Gorsuch argued at length that § 706 of the Administrative Procedure Act prohibits judicial deference to administrative interpretations of law. That section states that “the reviewing court shall decide all relevant questions of law.” This issue remained unresolved in Kisor, but the Supreme Court may well return to it soon as a potential argument against the validity of Chevron deference. Although a substantial academic literature has supported Gorsuch’s position on the APA question, this article disagrees with it. It argues that the text of § 706, surrounding statutory provisions, the …

Standing To Sue In Land Use Litigation, Daniel R. Mandelker

Scholarship@WashULaw

Third party standing to sue is essential in land use litigation. Questionable land use decisions will not be taken to court unless a third party can sue, but third party standing is limited. Standing law is fragmented, obstinate, excessively restrictive, and split between judicial and statutory requirements. Reform is necessary so that third parties can have access to court to protect public values. This Article explains why third party standing should be expanded, and it includes a conceptual model that can guide reform. It discusses conflicting third party standing rules in the Supreme Court, including the dominant restrictive rule that …

Federalizing The Voting Rights Act, Travis Crum

Scholarship@WashULaw

In Presidential Control of Elections, Professor Lisa Marshall Manheim masterfully canvasses how “a president can affect the rules of elections that purport to hold him accountable” and thereby “undermine the democratic will and delegitimize the executive branch.” Bringing together insights from administrative law and election law, she categorizes how presidents exercise control over elections: priority setting through executive agencies, encouraging gridlock in independent agencies, and idiosyncratic exercise of their narrow grants of unilateral authority.

Manheim’s principal concern is an executive influencing elections to entrench themselves and their allies in power. Her prognosis for the future is steely-eyed, and she recognizes …

The Lost Promise Of Progressive Formalism, Andrea Scoseria Katz

Scholarship@WashULaw

Today, any number of troubling government pathologies—a lawless presidency, a bloated and unaccountable administrative state, the growth of an activist bench—are associated with the emergence of a judicial philosophy that disregards the “plain meaning” of the Constitution for a loose, unprincipled “living constitutionalism.” Many trace its origins to the Progressive Era
(1890–1920), a time when Americans turned en masse to government as the solution to emerging problems of economic modernity—financial panics, industrial concentration, worsening workplace conditions, and skyrocketing unemployment and inequality—and, the argument goes, concocted a flexible, new constitutional philosophy to allow the federal government to take on vast, new …

Law & Leviathan: The Best Defense?, Ronald Levin

Scholarship@WashULaw

In their recent book Law & Leviathan, Cass Sunstein and Adrian Vermeule unveil a novel and provocative approach to legitimating the modern administrative state. Their starting point is a set of procedural principles that the legal philosopher Lon Fuller described as fundamental premises of the law’s “internal morality.”

The D.C. Circuit Undermines Direct Final Rulemaking, Ronald Levin

Scholarship@WashULaw

Twenty-five years ago, the Administrative Conference of the United States (ACUS) brought the technique of “direct final rulemaking” to the attention of the administrative law community. Since that time, agencies have used the technique thousands of times to adopt noncontroversial regulations on an expedited basis. But its legality depends on a creative reading of the Administrative Procedure Act (APA). A recent D.C. Circuit case, applying the APA in a manner that overlooked the distinctive features of this device, has exposed this vulnerability and may well have seriously undermined the viability of the practice.

This column criticizes a case that came …

Should We Stay Or Should We Go: Lessons From The Trump Administration, Kathleen Clark

Scholarship@WashULaw

After the 2016 election, commentators published a flurry of essays with advice on whether lawyers and federal officials should remain in government during the Trump administration. In this article, I review those essays, includ- ing Professor David Luban’s stern advice about the risk of remaining. I also discuss three key concepts from Professor Luban’s article for this symposium: desk perpetrators, desk mitigators, and operational maneuvering room, and explore how they apply to Trump administration officials who engaged in internal

resistance or principled resignation. More than one hundred federal officials

in the administration engaged in principled resignation, many acting in concert …

Designing Supreme Court Term Limits, Kyle Rozema, Adam Chilton, Daniel Epps, Maya Sen

Scholarship@WashULaw

Since the Founding, Supreme Court justices have enjoyed life tenure. This helps insulate the justices from political pressures, but it also results in unpredictable deaths and strategic retirements determining the timing of Court vacancies. In order to regularize the appointment process, a number of academics and policymakers have put forward detailed term limits proposals. However, many of these proposals have been silent on many key design decisions and there has been almost no empirical work assessing the impact that term limits would have on the composition of the Supreme Court.

The Future Of Supreme Court Reform, Daniel Epps, Ganesh Sitaraman

Scholarship@WashULaw

For a brief moment in the fall of 2020, structural reform of the Supreme Court seemed like a tangible possibility. After the death of Justice Ruth Bader Ginsburg in September, some prominent Democratic politicians and liberal commentators warmed to the idea of expanding the Court to respond to Republicans’ rush to confirm a nominee before the election, despite their refusal four years prior to confirm Judge Merrick Garland on the ground that it was an election year. Though Democratic candidate Joe Biden won the Presidency in November, Democrats lost seats in the House and have a majority in the Senate …

Supreme Court Reform And American Democracy, Daniel Epps, Ganesh Sitaraman

Scholarship@WashULaw

In "How to Save the Supreme Court," we identified the legitimacy challenge facing the Court, traced it to a set of structural flaws, and proposed novel reforms. Little more than a year later, the conversation around Supreme Court reform has only grown louder and more urgent. In this Essay, we continue that conversation by engaging with critics of our approach. The current crisis of the Supreme Court is, we argue, inextricable from the question of the Supreme Court’s proper role in our democracy. For those interested in reform, there are three distinct strategies for ensuring the Supreme Court maintains its …

Checks And Balances In The Criminal Law, Daniel Epps

Scholarship@WashULaw

The separation of powers is considered essential in the criminal law, where liberty and even life are at stake. Yet the reasons for separating criminal powers are surprisingly opaque, and “the separation of powers” is often used to refer to distinct, and sometimes contradictory, concepts.

This Article reexamines the justifications for the separation of powers in criminal law. It asks what is important about separating criminal powers and what values such separation serves. It concludes that in criminal justice, the traditional Madisonian approach of separating powers between functionally differentiated political institutions—legislature, executive, and judiciary—bears no necessary connection to important values …

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 …