Social and Behavioral Sciences Commons^™

Second-Tier Marriages, Jeremiah A. Ho

All Faculty Scholarship

This Essay interrogates the reasoning behind the retrenchment toward LGBTQ rights progress that has taken place since marriage equality. With marriage rights for same-sex couples now "on the books," the Supreme Court's treatment of same-sex couples in both Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n and 303 Creative LLC v. Elenis reveals the status quo's hesitancy to recognize same-sex relationships on equal footing. Retrenchment, however, only describes the moment itself; it alludes to but offers no comprehensive or satisfying theory that identifies the motives behind the moves. This Essay theorizes from within the context of the Supreme Court's LGBTQ …

Regulation Of Standards In Technology Markets Between Competition Policy And International Trade - The Chinese And European Experience (Foreword), Paolo Davide Farah

Book Chapters

The regulation of standard setting varies significantly across regions and covering and comparing in detail the EU and Chinese regimes is an interesting decision and illustrates how two highly bureaucratic systems address the regulation of technological advancements.

The analysis demonstrates how not only legal and economic considerations play a role in the regulation of standards, but also and most importantly political ones. The “openness” of China’s standardization is a telling example in this regard. China created a specific system for standard setting and invested heavily in high-tech industries. Initially, the State backed the industry to support the creation of a …

Empirical Examination Of Factors That Influence Official Decisions In Criminal Cases Against Police Officers, Francis D. Boateng, Daniel K. Pryce, Michael K. Dzordzormenyoh, Ming-Li Hsieh, Alan Cuff

Sociology & Criminal Justice Faculty Publications

In the current paper, we examine departmental and court decision-making in criminal cases against police officers. The study has two objectives: 1) to examine variables that impact departmental decisions in criminal cases against police officers, and 2) to examine factors that affect case disposition/conviction decisions by the courts. To achieve these objectives, we analyzed nationally representative arrest data using multiple statistical approaches. The results obtained revealed important patterns that are critical to our understanding of how the courts and police departments decide matters relating to police criminality. For instance, victim characteristics significantly influenced decision-making by both the police agency and …

Resilience Amidst Barriers: Understanding The Plight Of Undocumented Filipino Tnts Navigating Restrictive Us Immigration Laws From 1986 To The Present, Eileen Linchangco

Scripps Senior Theses

This thesis examines the plight of undocumented Filipino immigrants, referred to as “TNT” or “tago nang tago” (hiding and hiding), within the context of an increasingly restrictive US immigration system. I argue that two key factors have driven more Filipinos to pursue unauthorized entry into the US since the 1980s despite heightened risks. First, US immigration policy changes enacted in the 1980s and 1990s implemented stricter numerical caps that severely limited available visas for Filipino immigrants to use legal immigration pathways into the United States. Second, enduring sociocultural constructs propagate the notion that Filipinos represent immigrant desirability for US citizenship. …

Corporate Governance Through Social Media, Christina M. Sautter

Faculty Journal Articles and Book Chapters

Retail investors and other stakeholders are vigorously and loudly taking positions regarding corporate governance issues on social media. They are gathering on social media to discuss which stocks to invest in and to debate and collectively act on corporate governance-related matters. Propelled by new technologies and social media, retail investor engagement has shifted away from traditional venues like corporate voting and shareholder proposals. Retail investors have opened tens of millions of new brokerage accounts since 2020. These new retail investors, primarily Millennials and GenZ’ers, are adept at using technology and naturally gather and obtain information on social media. A co-author …

Expropriation Of Shares Via The Corporate Constitution, Stephen Bull

Research Collection Yong Pung How School Of Law

Company constitutions sometimes include powers to effect compulsory share acquisitions from members. Where these are introduced into the constitution after incorporation, the amendment, like all constitutional alterations, must be able to satisfy the common law “bona fide test” in order to be valid. The content of this test has been much debated since the first cases a century ago, and differences in view have emerged from the English and Australian courts. While there is no local case law on such expropriations per se, the High Court recently confirmed for the first time the applicability in Singapore of the common law …

Coastal Conflict: How International Law Addresses China's Claims In The South China Sea, Madeline H. Broshears

Tenor of Our Times

The South China Sea is home to natural resources and reefs that benefit its surrounding states. International law divides these waters to grant certain rights to each coastal state so as to ensure fair distribution of the waters. As of late, China’s actions in the South China Sea frequently violate the distribution of waters under international law. They have infringed upon the Philippine’s waters and attempted to establish authority over most of the South China Sea, rather than remaining within their own waters. Thus, the Philippines filed arbitration against China, and the ruling rebuked China’s behavior in the South China …

"Trans Talk" And The First Amendment, William M. Carter Jr.

Articles

The rights of transgender youth and their families have increasingly come under attack. In addition to barring transgender youth from participation in sports teams, from accessing bathrooms that match their gender identity, and from receiving gender-affirming healthcare, states are increasingly restricting speech and expression related to transgender issues. Courts and scholars have begun addressing the First Amendment implications of some of these restrictions, including the removal of books related to transgender issues; restrictions upon teachers' classroom speech regarding such issues; school discipline imposed upon students whose social transition includes forms of gender expression that differ from their assigned sex at …

Body. Freedom. Choice: Creating Artwork In Post-Roe America, Erin Sedra

MSU Graduate Theses

I knew from a young age that I never wanted children. Whenever I expressed my disinterest in motherhood, I was often met with bewilderment, disapproval, and hostility. The church I was raised in taught me that my value and worth as a woman directly correlated with the power of my birthing hips. This fundamentalist upbringing has significantly shaped my relationship with my femininity, my body, and my artwork. When I feel powerless, turning to my art gives me a sense of control and self-expression. This body of work began as a reaction to the overturning of Roe v. Wade and …

The Battle Over Diversity, Equity, And Inclusion And Critical Race Theory In Florida: A Case Study On The Stop W.O.K.E. Act, Grace Anne Castelin

Honors Undergraduate Theses

Accelerating from 2022 and continuing through 2024, the state of Florida has experienced significant policy changes, particularly within the realm of higher education and affairs of diversity, equity, and inclusion (DEI). Many progressive officials, experts, and activists assert arguments that the state is on the verge of evolving into an authoritarian regime while many illiberal policies are being produced through the Florida legislature and current executive leadership—social and economic sectors are consequently threatened in order to maintain political oppression. The Stop W.O.K.E. Act has served as a catalyst for shifting the state's political stance on DEI, culminating in a chain …

Contemporary Challenges And Regulatory Improvements Regarding “Temporary Passengers” On Ro-Ro Ships: A Case Study From South Korea, Junghwan Choi, Sangseop Lim

Journal of Marine Science and Technology

The coastal shipping industry plays a crucial role in Korea’s industrial development by transporting essential goods for citizens and bulk shipments that are the backbone of national key industries from 28 trade ports and 22 coastal ports nationwide to inhabited islands. Since the revision of the Ship Safety Act in 2007, cargo truck drivers have been boarding the Ro-Ro (Roll-on, Roll-off) cargo ships along with the cargo as temporary passengers. However, persistent concerns have been raised about the human and cargo safety aspects of this practice in coastal shipping. This study aims to examine these issues and propose improvements to …

Resilience Amidst Barriers: Understanding The Plight Of Undocumented Filipino Tnts In The Broken Us Immigration System, Eileen Linchangco

Scripps Senior Theses

This thesis examines the plight of undocumented Filipino immigrants, referred to as “TNT” or “tago nang tago” (hiding and hiding), within the context of an increasingly restrictive US immigration system. I argue that two key factors have driven more Filipinos to pursue unauthorized entry into the US since the 1980s despite heightened risks. First, US immigration policy changes enacted in the 1980s and 1990s implemented stricter numerical caps that severely limited available visas for Filipino immigrants to use legal immigration pathways into the United States. Second, enduring sociocultural constructs propagate the notion that Filipinos represent immigrant desirability for US citizenship. …

Racial Bias Within Capital Punishment: Instructional Comprehension, Marcus Gadsden

Honors Projects

This dissertation examines the existence of racial bias within capital punishment. Since colonial times discriminatory death sentencing has impacted racial minorities, and despite living in a post-colonial epoch, the United States Justice system continues to produce alarming racial disparities. Consequently, both law reviews and social science journals indicate that race remains a significant factor in criminal trials. So, to what extent does racial bias influence capital punishment trials? Given that it does exist, how can it be alleviated? Through a statistical/qualitative analysis of psychological studies, Supreme Court cases, and jury instructions, this dissertation suggests that implicit cognitive bias continues to …

Pricing, Decarbonization, And Green New Deals, David M. Driesen, Michael A. Mehling

William & Mary Environmental Law and Policy Review

This Article evaluates an emerging literature claiming that carbon pricing (emissions trading or carbon taxes) has not performed very well and therefore cannot be the basis for the sort of transformative change now required to address the climate crisis. This is an important claim, as carbon pricing has been viewed as being at the heart of global efforts to address one of our most important contemporary problems.

We provide theoretical and empirical support for these critics’ claim that carbon pricing by itself cannot catalyze the technological transformation now required, and that other approaches have done and will likely do better. …

Identifying Youth Appeals In Alcohol Alternative Social Media Content Through Framing, Melina Oneal

West Chester University Master’s Theses

Proposed regulations for alcohol advertising prevent beverage companies from targeting people under the legal drinking age. However, similar regulations for alcohol alternative beverages are less explored, which could allow alcohol alternative products to create awareness for alcoholic beverages among youth. Alcohol alternatives beverages, including no-alcohol and low-alcohol products, are increasing in popularity and can function as compliments to alcoholic products to decrease the total alcohol volume consumed or as substitutes for alcoholic products. Framing theory can be operationalized through the Content Appealing to Youth Index, an index of content elements found in research literature to be appealing to youth, to …

Advocacy Spotlight: Telehealth Regulations For Dentistry Established, Neema Katibai Jd

The Journal of the Michigan Dental Association

The article discusses the rise of telehealth in the last three years and its implications for dentistry, focusing on recent rulemaking by the Michigan Board of Dentistry. The regulations address key aspects such as definitions, informed consent, scope of practice, and prescribing medications. Dentists must comply with HIPAA and state/federal privacy regulations when using telehealth. Notably, the rules restrict teledentistry delegation to allied personnel after an in-person visit within 24 months. The article emphasizes the importance of understanding and following these regulations for legal telehealth use, reimbursement, and malpractice coverage. The Michigan Dental Association advocates for sensible teledentistry laws to …

Volume 9 Masthead

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

The Conservative Case For Esg, Richard Painter

University of Pennsylvania Journal of Law and Public Affairs

There is a growing consensus across the political spectrum that corporations should not just make money for shareholders but also advance the public good. Conservatives and liberals often disagree about what the public good is, or what the priorities of corporate governance should be, but both sides are discontent with corporations focusing only on profits.

This Article discusses reasons why political conservatives should support efforts to include environmental, social and governance (ESG) factors in corporate governance. Conservatives do not embrace contemporary ESG rhetoric which they associate with liberal social and economic viewpoints, but conservatives nonetheless oppose corporations maximizing profits at …

To Block Or Not To Block: The State Action Problem With Government Social Media, Jared Silberglied

University of Pennsylvania Journal of Law and Public Affairs

Social media has provided an unprecedented level of constituent access to their government representatives. While this comes with many benefits to both constituents and representatives, there are many drawbacks to it as well. There are times when comments from a particularly angry or annoying constituent may tempt a government official to hit the block button. But such action has obvious First Amendment implications. At the same time, officials are still private individuals who have their own private right and ability to speak on government matters without implicating state action. The Supreme Court has accepted certiorari in two cases to resolve …

Can Litigation Analytics Tell Us What Became Of The 2015 Proportionality Amendments To The Federal Rules Of Civil Procedure, Patricia W. Moore

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Red Codes, Blue Codes? Factors Influencing The Formulation Of Criminal Law Rules, Paul H. Robinson, Hugh Rennie, Clever Earth

University of Pennsylvania Journal of Law and Public Affairs

The U.S. appears to be increasingly politically divided between “red states” and “blue states,” to the point that many public voices on both sides are urging that the country seriously consider separating along a red-blue divide. A range of stark public disagreements over criminal law issues have fed the secession movement. Consider obvious examples such as abortion, decriminalization of marijuana, “stand your ground” statutes, the death penalty, and concealed weapon carry laws. Are red and blue values so fundamentally different that we ought to recognize a reality in which there exists red codes and blue codes?

To answer that question, …

Suspension Of The Rules: Why Federal Courts Should Not Fear Adjudicating Cases Involving The Legislative Branch, Claire Smith

University of Pennsylvania Journal of Law and Public Affairs

Political questions in litigation abound, particularly as the Democratic and Republican parties grow further apart ideologically: Who will be the Speaker of the House, whether to impeach presidents or judges, and whether to expel Members of Congress accused of corruption. The Constitution sets up a separation of powers, where the legislative, executive, and judicial branches can check each other. However, there is a similar doctrine where courts refuse to hear a case because the case presents a topic better left to the political branches: the political question doctrine.

The Supreme Court has not always been reticent to hear cases involving …

False Accuracy In Criminal Trials: The Limits And Costs Of Cross Examination, Lisa Kern Griffin

Faculty Scholarship

According to the popular culture of criminal trials, skillful cross-examination can reveal the whole “truth” of what happened. In a climactic scene, defense counsel will expose a lying accuser, clear up the statements of a confused eyewitness, or surface the incentives and biases in testimony. Constitutional precedents, evidence theory, and trial procedures all reflect a similar aspiration—that cross-examination performs lie detection and thereby helps to produce accurate outcomes. Although conceptualized as a protection for defendants, cross-examination imposes some unexplored costs on them. Because it focuses on the physical presence of a witness, the current law of confrontation suggests that an …

The Right To A Glass Box: Rethinking The Use Of Artificial Intelligence In Criminal Justice, Brandon L. Garrett, Cynthia Rudin

Faculty Scholarship

Artificial intelligence (“AI”) increasingly is used to make important decisions that affect individuals and society. As governments and corporations use AI more pervasively, one of the most troubling trends is that developers so often design it to be a “black box.” Designers create AI models too complex for people to understand or they conceal how AI functions. Policymakers and the public increasingly sound alarms about black box AI. A particularly pressing area of concern has been criminal cases, in which a person’s life, liberty, and public safety can be at stake. In the United States and globally, despite concerns that …

The Brady Database, Brandon L. Garrett, Adam M. Gershowitz, Jennifer Teitcher

Faculty Scholarship

The Supreme Court’s landmark ruling in Brady v. Maryland turns sixty this year. The Brady doctrine, which requires the government to disclose favorable and material evidence to the defendant, is one of the most frequently litigated criminal procedure issues. Yet, despite decades of Brady cases in federal and state courts, we still know relatively little about how Brady claims are litigated, adjudicated, and what such claims can tell us about the criminal justice system writ large. Scholars are in the dark about how often Brady violations occur, whether it is primarily the fault of prosecutors or the police, whether violations …

She Speaks For Millions: The Emergence Of Female Diplomatic Voices In The Russo-Ukrainian War, Amber Brittain-Hale, Amber Brittain-Hale

Education Division Scholarship

This research critically investigates the public diplomacy strategies deployed by a cohort of influential female European leaders on Twitter during the Russo-Ukrainian War of 2022-2023. The study comprises eight leaders - Kallas (Estonia), Marin (Finland), von der Leyen (President of the European Commission), Metsola (President of the European Parliament), Sandu (Moldova), Simonyte (Lithuania), Zourabichvili (Georgia), and Meloni (Italy) - representing millions of constituents. By mirroring the analytical attention given to Ukraine's President, Volodymyr Zelenskyy, this study scrutinizes the distinct approaches and dif erences in emotional, cognitive, and structural language use between these influential female figures and President Zelenskyy in their …

When Ballots Are Blank: Write-In’S Serving Local Government And The Implications For A Healthy And Vibrant Democracy, Thomas J. Ruter

School of Business Student Theses and Dissertations

Our democracy depends on having a supply of candidates running for elected office, but in some instances, no one wants to run. This phenomenological study asks what the effects on a healthy and vibrant democracy are if ballots are blank and the seat is filled through write-in or appointment. Rooted in democratic theory, this study explores small, rural city elections where write-ins won election. Understudied, local governments are responsible for decisions affecting the lives of millions of people each day. Workforce scarcity, the alienation of young Americans from politics, government bashing, nasty campaigns, threats of physical harm, and other barriers …

Masculine Vs. Feminine Women: Verdict, Blame, And Punishment Outcomes In The Legal System, Alaina Helmerichs

Electronic Theses and Dissertations

It is commonly recognized that sentencing disparities exist between men and women who are accused of the same crime—with men often receiving harsher judgements than women. However, research explaining why this disparity exists is incomplete. Research suggests that higher levels of facial masculinity in men is tied to higher levels of criminality (Estrada-Reynolds et al., 2017); however, little research looks at this pattern amongst female defendants. The current study investigated whether the gendered appearance (masculine vs. feminine) of female defendants in different types of cases (child negligence vs. medical malpractice) affects mock jurors’ judgments about verdict, punishment, and internal blame …

Major Climate Policy Enactments Increase The Urgency Of Managing Climate-Related Risk At Banks, David Arkush, Sarah Bloom Raskin, Yevgeny Shrago

University of Pennsylvania Journal of Law and Public Affairs

In late 2022, Congress and the state of California enacted a set of sweeping policies expected to hasten the shift to clean energy dramatically in the coming years. These policies will reduce long-term physical risk to banks and the financial system from climate change. At the same time, they may dramatically increase nearer-term risks to banks that are underprepared for the economic transition to clean energy. This Essay sketches the likely implications of these new policies for banks’ transition risk and recommends responses for bank regulators.

Seattle's Fair Chance Housing Law: The Ninth Circuit Strikes Down Limits On Tenant Criminal Record Screening, Thomas Stanley-Becker

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.