Political Economy Commons^™

Online Dispute Resolution, Ronald A. Brand

Articles

This chapter was prepared from a presentation given by the author at the 2019 Summer School in Transnational Commercial Law & Technology, jointly sponsored by the University of Verona School of Law and the Center for International Legal Education (CILE) of the University of Pittsburgh School of Law. In the paper, I review online dispute resolution (ODR) by considering the following five questions, which I believe help to develop a better understanding of both the concept and the legal framework surrounding it:

A. What is ODR?

B. Who does ODR?

C. What is the legal framework for ODR?

D. What …

The Football As Intellectual Property Object, Michael J. Madison

Book Chapters

The histories of technology and culture are filled with innovations that emerged and took root by being shared widely, only to be succeeded by eras of growth framed by intellectual property. The Internet is a modern example. The football, also known as the pelota, ballon, bola, balón, and soccer ball, is another, older, and broader one. The football lies at the core of football. Intersections between the football and intellectual property law are relatively few in number, but the football supplies a focal object through which the great themes of intellectual property have shaped the game: origins; innovation and …

Biobanks As Knowledge Institutions, Michael J. Madison

Book Chapters

This chapter describes biobanks as institutions for collection, preservation, curation, and production of knowledge and information, in both material and immaterial forms. That characterization calls for research and comparative analysis of the broad diversity of specific biobanks, using a standardized research framework. Such a framework is identified and described here, as the knowledge commons framework. The chapter describes applications of the framework to biobanks to date and suggests directions for future research.

Gender, Politics, Market Segmentation, And Taste: Adult Contemporary Radio At The End Of The Twentieth Century, Saesha Senger

Theses and Dissertations--Music

This dissertation explores issues of gender politics, market segmentation, and taste through an examination of the contributions of several artists who have achieved Adult Contemporary (AC) chart success. The scope of the project is limited to a period when many artists who figured prominently in both the broader mainstream of American popular music and the more specific Adult Contemporary category were most commercially viable: from the mid-1980s through the 1990s. My contention is that, as gender politics and gendered social norms continued to change in the United States at this time, Adult Contemporary – the chart, the format, and the …

Is Blockchain The Next Step In The Evolution Chain Of [Market] Intermediaries?, Marcela Gomez, Pedro Bustamante, Martin B. H. Weiss, Ilia Murtazashvili, Michael J. Madison, Wilson Law, Tymofiy Mylovanov, Herminio Bodon, Prashabnt Krishnamurthy

Articles

The blockchain is a decentralized solution for handling transactions where we are concerned (among other aspects) with the accuracy and verification of transactions. One of its main promises is to eliminate the need for centralized entities or intermediaries and legal enforcement. Rather than trusting self-interested human intermediaries, the blockchain provides an alternative that relies on transparent computational protocols (Werbach 2018).

In this paper, we delve into this broker-less claim and analyze whether the blockchain needs an intermediary to allow for widespread access to its functionality and whether the blockchain itself is an intermediary. The latter would turn the blockchain into …

Narcocorridos: Music, Defiance, And Violence In Transnational Contexts, Nallely G Murguia

Capstone Projects and Master's Theses

This research aims to explain and understand the effects that the music genre known as narcocorrido has on society, politics, and culture in Mexico and the United States. It provides a background on the history of narcocorridos and how it came be known as a symptom of the ongoing violence in Mexico. The Movimiento Alterado is also explored in this research project, as a product of narcocorrido singers who came together to glorify violence. A global aspect plays a big role in researching this topic as globalization and transnationalism reveal the complexity of politics, economics, and culture and its effects …

Critical Race Ip, Anjali Vats, Deidre A. Keller

Articles

In this Article, written on the heels of Race IP 2017, a conference we co-organized with Amit Basole and Jessica Silbey, we propose and articulate a theoretical framework for an interdisciplinary movement that we call Critical Race Intellectual Property (Critical Race IP). Specifically, we argue that given trends toward maximalist intellectual property policy, it is now more important than ever to study the racial investments and implications of the laws of copyright, trademark, patent, right of publicity, trade secret, and unfair competition in a manner that draws upon Critical Race Theory (CRT). Situating our argument in a historical context, we …

Crafting Local Food Narratives With Immigrant Voices: Participatory Ethnography Among Somali Bantu Farmers In West Denver, Raymond Alexander Pang

Electronic Theses and Dissertations

In 2013, a non-profit, Re:Vision, established the Ubuntu Farm to work with the local Somali Bantu refugee population. It was supposed to improve access to fresh produce, offer educational opportunities, skill training and more. Early on in 2014, it became clear Re:Vision was not delivering on its promises, and by 2015 the farm had ceased to exist. Using participant observation, interviews with farm participants and staff and a review of publicly accessible financial documents, I argue that Re:Vision maintained a conflict of mission, which contributed to their farms' failings, despite their ability to grow plenty of vegetables. From there, I …

The Technologies Of Race: Big Data, Privacy And The New Racial Bioethics, Christian Sundquist

Articles

Advancements in genetic technology have resurrected long discarded conceptualizations of “race” as a biological reality. The rise of modern biological race thinking – as evidenced in health disparity research, personal genomics, DNA criminal forensics, and bio-databanking - not only is scientifically unsound but portends the future normalization of racial inequality. This Article articulates a constitutional theory of shared humanity, rooted in the substantive due process doctrine and Ninth Amendment, to counter the socio-legal acceptance of modern genetic racial differentiation. It argues that state actions that rely on biological racial distinctions undermine the essential personhood of individuals subjected to such taxonomies, …

Making The Gigantic Suburban Residential Complex In Beijing: Political Economy Processes And Everyday Life In The 2010s, Pengfei Li

Dissertations, Theses, and Capstone Projects

Suburbanization is an ongoing development process in China. Hundreds of thousands of construction projects are being undertaken in outskirts of most Chinese cities, despite the increasing domestic and international concerns over China’s housing oversupply (Xu, 2010; Gough, 2015; Li, 2015). The suburbanization of China, however, is fundamentally different from the suburbanization of most Western countries, especially the United States, whose massive post-war suburbanization took place as a continuation of its pre-war industrialization and urbanization movements. In the Chinese context, suburbanization is the process of urbanization as well—urbanization and suburbanization have been promoted simultaneously since the 1990s. It is …

Bridges Out Of Poverty As An Anti-Poverty Strategy In Kennett Square, Pennsylvania, Katlyn M. Uhler

Capstone Collection

This paper explores the initial results of the Bridges Out of Poverty (“Bridges”) community framework as implemented by the organization Kennett Area Community Service in Kennett Square, Pennsylvania. The aim of this research is to provide perspective on Bridges Out of Poverty’s contribution to the understanding of poverty in the United States and its potential as an antipoverty intervention. It does so first through an exploration of the historical and current discussion on poverty and anti-poverty interventions in the United States, followed by research on the Bridges model itself and its implementation in Kennett Square. This latter research includes content …

Jarnail Singh Bhindranwale: A Charismatic Authority And His Ideology, John P. Cibotti

FIU Electronic Theses and Dissertations

Sikh leader Jarnail Singh Bhindranwale’s militant and masculinist discourses were embraced by Punjabi Sikhs because of his presence as a charismatic authority, a concept first developed by sociologist Max Weber to understand the conditions surrounding and personal qualities of a figure which attracts followers. The rebellion he led in Punjab resulted from his radical exploitation of issues concerning the Sikh community. Religion was wielded as a tool, legitimizing Sikh violence as commanded by the Gurus. Radical interpretations of Sikh scripture and folklore were initially preached to rural, less educated crowds. While his sermons brought out their frustrations with the government, …

The Failure Of Post-War Reconstruction In Jaffna, Sri Lanka: Indebtedness, Caste Exclusion And The Search For Alternatives, Ahilan Kadirgamar

Dissertations, Theses, and Capstone Projects

Reconstruction of contemporary war-torn societies can lead to further dispossession and social exclusion, particularly through neoliberal development policies and financialized indebtedness. This dissertation analyses post-war reconstruction of the Jaffna District in the Northern Province of Sri Lanka after the end of a brutal three decade long civil war in May 2009, through a survey and ethnographic study of one village, Pathemany and its oppressed caste quarter, Bharathy Veethy. Drawing on a study of Pathemany village on agrarian change before the war, this study addresses contemporary questions about land, rural incomes, rural debt and caste structure. The study evaluates reconstruction policies …

Firepower To The People: Gun Rights & Self-Defense To Curb Police Misconduct, Spearit

Articles

This Article represents a polemic against the most harmful aspects of the policing status quo. At its core, the work asserts the right of civilians to defend against unlawful deadly police conduct. It argues that existing gun and self-defense laws provide a practical and principled basis for curbing police misconduct. It also examines legislative trends in gun laws to show that much of most recent liberalizing of gun rights is a direct response to self-defense concerns sparked by mass public shootings. The expansion of gun rights and self-defense comes at a time when ongoing police killings of Black civilians menace …

Positive Education Federalism: The Promise Of Equality After The Every Student Succeeds Act, Christian Sundquist

Articles

This Article examines the nature of the federal role in public education following the recent passage of the Every Student Succeeds Act in December 2015 (“ESSA”). Public education was largely unregulated for much of our Nation’s history, with the federal government deferring to states’ traditional “police powers” despite the de jure entrenchment of racial and class-based inequalities. A nascent policy of education federalism finally took root following the Brown v. Board decision and the enactment of the Elementary and Secondary School Act (“ESEA”) with the explicit purpose of eradicating such educational inequality.

This timely Article argues that current federal education …

Ip Things As Boundary Objects: The Case Of The Copyright Work, Michael J. Madison

Articles

My goal is to explore the meanings and functions of the objects of intellectual property: the work of authorship (or copyright work) in copyright, the invention in patent, and the mark and the sign in trademark. This paper takes up the example of the copyright work.

It is usually argued that the central challenge in understanding the work is to develop a sensible method for appreciating its boundaries. Those boundaries, conventionally understood as the metaphorical "metes and bounds" of the work, might be established by deferring to the intention of the author, or by searching for authorship (creativity or originality) …

A Dollar A Day: Child Sponsorship And The Marketization Of Human Development, Taylor Hallett

Capstone Collection

Child sponsorship as a method of international development offers child sponsors a personal connection to the process of alleviating poverty in the global South. As a form of human development, child sponsorship is constituted by neoliberal principles of marketization and social entrepreneurship. How does child sponsorship, in this context, require us to rethink the ethics of international development in light of ongoing debates about neoliberalism? In this research, I argue that child sponsorship reifies the binary of the “developed” and “undeveloped” worlds. Through undertaking a content analysis of three organizations (Compassion International, World Vision, and UNICEF) and applying post-structural critique …

Discourses Of "Cruelty-Free" Consumerism: Peta, The Vegan Society And Examples Of Contemporary Activism, Andrea Springirth

Dissertations, Theses, and Capstone Projects

This paper draws upon the principles of critical discourse analysis in order to examine the production of capitalist and consumerist discourses within contemporary nonhuman animal rights activism. The analysis presents evidence to suggest that the discourses being produced via the websites of People for the Ethical Treatment of Animals (PETA) and The Vegan Society are consistently being constructed through market-centric ideologies that treat activists mainly as middle-class consumers. This paper argues that the consistent presence of neoliberal discourse signals an instructive entanglement with broader sociopolitical issues. Specifically, there are concerns as to how this discourse relates to what is thought …

Losing Values: Illiquidity, Personhood, And The Return Of Authoritarianism In Skopje, Macedonia, Fabio Mattioli

Dissertations, Theses, and Capstone Projects

On May 17, 2015, over 50,000 people took to the streets of Skopje, the capital of the Republic of Macedonia, protesting against Prime Minister Gruevski and his party, the conservative neoliberal Internal Revolutionary Organization of Macedonia (VMRO). After nine years of authoritarian government, it was the first significant demonstration in which the population demanded accountability for Gruevski's despotic system of rule. This dissertation is the story of how Gruevski's system of power was built and why it lasted for so long. I argue that a series of failing financial processes, which included the use of illiquidity, created the material and …

A Temporary Hometown: Gendered Labor And Social Citizenship In Bremerton, Washington, A Domestic Military Colony, Anna K. Fern

MAIS Projects and Theses

This mixed-methods study addresses social construction of home and belonging for residents of a vice labor and military veteran class in Bremerton, Washington, a US military manufacturing and base city. This thesis seeks to explain how some workers and residents in the city of Bremerton, Washington have been historically marginalized, even as their roles, framed as patriotic contributions, have been integral to the socioeconomic efforts and successes of the dominant militarized culture. I explore how study participants make meaning of their experiences – some in gendered and sexualized vice labor in service to military and federal personnel, and some who …

United In Diversity? The Political Implications Of Intra- Eu Migration, Isabel Monteleone

Senior Theses and Projects

Intra-EU migration is a phenomenon innate to the structure of the European Union. A politico-economic union of twenty-eight countries, the EU does what no other alliance of countries has endeavored before, serving as a unique product of globalization and integration, in every sense of the word. Bound almost entirely by a common currency, the European Union is established in the belief that economic cooperation in Europe can be achieved through the principle of free movement, despite each member states’ individual way of life, language, and political, religious, and cultural ideology.

Since intra-EU migration allows for the possibility of EU integration …

Antitrust And Information Technologies, Herbert J. Hovenkamp

All Faculty Scholarship

Technological change strongly affects the use of information to facilitate anticompetitive practices. The effects result mainly from digitization and the many products and processes that it enables. These technologies of information also account for a significant portion of the difficulties that antitrust law encounters when its addresses intellectual property rights. In addition, changes in the technologies of information affect the structures of certain products, in the process either increasing or decreasing the potential for competitive harm.

For example, digital technology affects the way firms exercise market power, but it also imposes serious measurement difficulties. The digital revolution has occurred in …

Through The Gateway: Marijuana Production, Governance, And The Drug War Détente, Michael Polson

Dissertations, Theses, and Capstone Projects

Since the 1996 voter approval of medical marijuana laws in California, marijuana policy has become increasingly liberalized. Producers, however, have remained in the greyest of grey market zones. Federal anti-drug laws and supply-side tactics have intensively targeted them even as marijuana has become more licit. In this legally unstable environment, marijuana patient-cultivators and underground producers have articulated and asserted themselves politically and economically, particularly as the likelihood of full legalization has increased. This dissertation explores how producers navigated the nebulous zone between underground and medical markets. I argue that even as producers supplied marijuana to a formalizing, regulated medical industry …

Keeping It Real: Why Congress Must Act To Restore Pell Grant Funding For Prisoners, Spearit

Articles

In 1994, Congress passed the Violent Crime Control and Law Enforcement Act (VCCLEA), a provision of which revoked Pell Grant funding “to any individual who is incarcerated in any federal or state penal institution.” This essay highlights the counter-productive effects this particular provision has on penological goals. The essay suggests Congress acknowledge the failures of the ban on Pell Grant funding for prisoners, and restore such funding for all qualified prisoners.

Centering Education In The Next Great Copyright Act: A Response To Professor Jaszi, Deidre A. Keller, Anjali Vats

Articles

This article engages the recent Georgia State litigation regarding uses copyrighted content by teachers and seeks to place it within the larger context of the current state of affairs in education and in copyright policy making. In a recent article, Professor Peter Jaszi argued that educators need to begin to articulate the ways in which their uses are transformative in order to increase their chances of winning copyright infringement suits on the basis of fair use. While Jaszi’s point that educators need to better articulate their rights to use copyrighted content is well-taken, we argue that the appropriate audience educators …

Decoupling And Displaced Emissions On Swedish Consumers, Chinese Producers And Policy To Address The Climate Impact Of Consumption, Cindy Isenhour

Anthropology Faculty Scholarship

New developments in consumption-based emissions accounting suggest that the reductions claimed by wealthy, environmentally progressive nations have often come at the expense of increased emissions elsewhere – and thus net growth in global GHG concentrations. This paper traces Sweden's attempts to translate growing recognition of displaced emissions into national environmental policy. Drawing on multi-sited ethnographic research and policy analysis in Sweden and China, we argue that while the logical implications of consumption-based analyses point to the need to address production and consumption as an integrated system, complex governance challenges and the political precariousness of these ideas have thus far limited …

Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan

Donald J. Kochan

The Developmental Effect Of State Alcohol Prohibitions At The Turn Of The 20th Century, Mary F. Evans, Eric Helland, Jonathan Klick, Ashwin Patel

All Faculty Scholarship

We examine the quasi-randomization of alcohol consumption created by state-level alcohol prohibition laws passed in the U.S. in the early part of the 20th century. Using a large dataset of World War II enlistees, we exploit the differential timing of these laws to examine their effects on adult educational attainment, obesity, and height. We find statistically significant effects for education and obesity that do not appear to be the result of pre-existing trends. Our findings add to the growing body of economic studies that examines the long-run impacts of in utero and childhood environmental conditions.

Mining, Resistance And Livelihood In Rural Bangladesh, Md Rashedul Alam

Electronic Thesis and Dissertation Repository

In 2006, over fifty thousand people in the Phulbari Sub-District of Bangladesh mobilized against an open-pit coal mining-project that posed serious environmental and social risks. The state authorities negotiated with the protesters intensively over four days to reach an agreement. However, the state failed to fulfill the agreement, and the protest movement continued. The agrarian communities successfully halted the mining project for the last nine years. My research aims to understand how the protesters resisted this project. My objectives have been to explore the practices of a grassroots movement, attendant transformations in the sociopolitical landscape and role of the state …

Gold Mining And Unequal Exchange In Western Amazonia: A Theoretical Photo Essay, Gordon L. Ulmer

disClosure: A Journal of Social Theory

I combine fieldwork photography and ethnographic documentation of gold mining in Madre de Dios, Peru, to examine the localized material, social, environmental, and health outcomes of the global gold boom. This 'theoretical photo essay’ examines how local and global forces coalesce around gold mining and influence peoples and environments in Western Amazonia. I use embodiment theory in anthropology, ecological economics, and theories of underdevelopment to understand local consequences of the global gold trade and to elucidate how opulence and the machinations of capital accumulation in economic centers of the world occur at the expense of human lives and environments in …