bluuebunny/crossref_metadata_2025 huggingface dataset:
KUALITAS BETON DENGAN AGREGAT HALUS QUARRY SUNGAI MARUNI MANOKWARI DAN KAMPUNG BUGIS SORONG.
Authors: maturbongs hana debora
Published: July 2018

Beton adalah campuran dari beberapa partikel dengan komposisi, bentuk tertentu dan sifat serta hasil nya tergangtung pada kualitas bahan yang di gunakan. Beton memiliki kuat tekan yang tinggi sementara kuat tariknya kecil. Untuk mendukung kualitas dari beton tersebut, maka di sini penulis tertarik untuk meneliti kualitas agregat pasir yang berasal dari quarry sungai maruni Manokwari dan quarry km 1, kampung bugis Sorong yang memadai dan mudah dijangkau, sifat serta mutunya akan diteliti untuk mengetahui kualitas dari agregat tersebut apakah mutu serta sifat nya termasuk dalam standard yang di tentukan. Penelitian yang dilaksanakan yaitu penelitian yang menggambil sampel dari Quarry Sungai Maruni Manokwari dan Sorong untuk periksa dan diuji di Laboratorium Beton Teknik Sipil Universitas Muhammadiyah Sorong. Hasil penelitian material yaitu hasil pengujian agregat halus Quarry Sorong mengandung kandungan lumpur sebesar 7,4 % dan Agregat halus Quarry Manokwari mengandung kandungan lumpur sebesar 4,8 %.
Globalisasi Ekonomi Syariah di Indonesia dan Perannya terhadap UMKM
Authors: Sarkum Sumitro
Published: July 2018

Indonesia has a very big role in the struggle for the implementation of Islamic economics globally. Although the empowerment of SMEs that are proven to anticipate the crisis has not been fully implemented with the maximum and management of natural resources have not been exploited specifically. Indonesia's dependence on foreign debt increase the budget deficit, assuming other factors remain unchanged, because the expenditure for the payment of principal and interest on loans the central government expenditure is higher than revenue. State sukuk important as Islamic financial growth driver as a reference for the private sector to issue sukuk and investment instruments for financial institutions to have additional liquidity, but also used by Bank Indonesia as an instrument of open market operations in this practice in accordance with the SME sector business climate
Peranan Gaya Kepemimpinan dan Pengambilan Keputusan Dalam Upaya Meningkatkan Prestasi Kerja di PT. DAYA MAHA BERKARYA
Authors: mu'faridah ennis
Published: July 2018

Penelitian ini bertujuan untuk : (1) Untuk mengetahui gaya kepemimpinan dalam PT. Daya Maha Berkarya (2) Untuk mengetahui bagaimana peranan kepemimpinan dalam upaya meningkatkan prestasi kerja di PT. Daya Maha Berkarya. Penelitian ini merupakan penelitian kualitatif dengan pendekatan deskriptif yaitu penelitian yang menghasilkan prosedur analisa yang tidak menggunakan analisis statistik. Data analisa kualitatif ini telah dikumpulkan dalam berbagai cara seperti Observasi, wawancara dan dokumentasi. Dalam Hasil analisis menunjukkan bahwa Pemimpin di PT. Daya Maha Berkarya menggunakan beberapa gaya kepemimpinan untuk meningkatkan prestasi kerja, dan menggunakan beberapa gaya tersebut diharapkan dapat memacu prestasi kerja. Peran dari pemimpin sangatlah penting dalam meningkatkan prestasi kerja staffnya. penghambat dalam pelaksanaannya yaitu kurangnya sumber daya manusia, sumber anggaran dan fasilitas/sarana dan prasarana.
ANALISIS DETERMINAN PERTUMBUHAN EKONOMI KABUPATEN BATU BARA SUMATERA UTARA
Authors: 2017 Seminar Nasional Multidisiplin Ilmu , Nasution Masnia
Published: July 2018

Salah satu indikator penting untuk melihat maju atau tidaknya suatu negara dilihat terlebih dahulu dari pembangunan ekonomi daerah. Penelitian ini bertujuan untuk menganalisis determinan pertumbuhan ekonomi kabupaten batubara sumatera utara. Permasalahan penelitian adalah pertumbuhan ekonomi kabupaten batubara mengalami fluktuasi dari tahun 2011 - 2016 karena adanya determinan pertumbuhan ekonomi seperti akumulasi modal dan pertumbuhan penduduk yang pada akhirnya dapat meningkatkan jumlah angkatan kerja dan kemajuan teknologi. Akumulasi modal terjadi apabila sebagian dari pendapatan ditabung/diinvestasikan kembali dengan tujuan memperbesar output dan pendapatan di kemudian hari. Data yang digunakan dalam penelitian ini adalah data sekunder yang diperoleh dari badan statistik Sumatera Utara dan instansi-instansi batubara. Metode penelitian dengan cara model analisis regresi berganda yaitu Metode Ordinary Least Square (OLS). Hasil penelitian ini menunjukkan bahwa struktur ekonomi kabupaten batubara memiliki kontribusi yang besar dan pengaruh signifikan terhadap sektor primer dalam pembentukan Produk Domestik Regional Bruto (PDRB).
SOCIAL COMMERCE SOUVENIR UKM UNI-QUE DESIGN
Authors: Listyorini Tri , Meimaharani Rizkysari
Published: July 2018

Social Commerce merupakan salah satu ilmu dalam teknologi informasi. Manfaat dari social commerce dapat dirasakan oleh para UKM, karena dengan adanya social commerce proses penjualan dari UKM dapat terbantu. Salah satunya adalah UKM Uni-que Design yang bergerak dalam produksi aksesoris. Untuk meningkatkan promosi dari UKM tersebut memanfaatkan social commerce. Menggunakan metode pengembangan sistem yang terdiri dari analisa, perancangan, pembuatan dan implementasi. Tujuan dari penelitian ini adalah pendampingan penerapan social commerce untuk UKM Uni-que Design dalam memperluas pemasaran dari produknya. Hasil dari penelitian ini adalah sebuah aplikasi dengan sosial media dalam pemasaran produk UKM.
Membaca Karya Sejarah Dengan Kerangka Kerja Filsafat Sejarah Kritis
Authors: Anamofa Jusuf Nikolas
Published: July 2018

Untuk mengetahui masa lalu, setiap orang harus menggunakan apa yang masih tersedia pada masa kini. Untuk memahami masa kini, setiap orang harus kembali ke masa lalu. Tindakan mengetahui dan memahami itu menghubungkan masa lalu dan masa kini dalam kerangka pengetahuan. Mengetahui dan memahami tidak pernah lepas dari interpretasi. Karya sejarah adalah hasil interpretasi para sejarawan yang berupaya menghubungkan masa kini dengan masa lalu. Hasil interpretasi itu kemudian dibaca dan diinterpretasi oleh para pembacanya, terkadang melampaui kepentingan sejarah itu sendiri. Membaca karya sejarah tentu membutuhkan kaca mata tertentu. Salah satu kaca mata yang ditawarkan dalam tulisan ini adalah kerangka kerja filsafat sejarah kritis.Mengapa kerangka kerja filsafat sejarah kritis? Seluruh karya para sejarawan saat ini lahir dari suatu upaya penyelidikan yang sungguh-sungguh dengan menggunakan metodologi penelitian sejarah yang memadai. Oleh karena itu, karya-karya sejarawan adalah wujud dari tanggung jawab rasionalitas mereka. Filsafat sejarah kritis dapat berfungsi sebagai kerangka refleksi atas kerja rasional itu. Pilihan ini dibuat dengan asumsi bahwa setiap hasil kerja rasio mesti selalu dikritisi dan direfleksikan demi kepentingan bersama manusia. Tanpa pandangan kritis dan refleksi atasnya, maka hasil kerja rasio dapat digunakan sebagai instrumen penghancur kemanusiaan.
Surprising Differences: An Empirical Analysis of LexisNexis and West Headnotes in the Written Opinions of the 2009 Supreme Court Term
Authors: Hook Peter A. , Mattson Kurt R.
Published: July 2018

The number of headnotes assigned by LexisNexis and West are empirically examined for opinions of the 2009 Supreme Court Term. Additionally, Citizens United is examined in detail to determine the overlap of headnote-worthy language. Discrepancies in the number of headnotes assigned and disagreement as to headnote-worthy language call into question the rigor with which headnotes are created. Published in and cite as: Peter A. Hook and Kurt R. Mattson, Surprising Differences: An Empirical Analysis of LexisNexis and West Headnotes in the Written Opinions of the 2009 Supreme Court Term, 109 Law Libr. J. 557 (2017).
Restorative Justice for Multinational Corporations
Authors: Spalding Andrew B.
Published: July 2018

Deterrence theory, rooted in the methodology of law and economics, continues to dominate both the theory and practice of white-collar crime. By manipulating the disincentives of prospective wrongdoers, deterrence aims to efficiently reduce crime and maximize taxpayers’ utility. However, the rise of international commerce presents a challenge it cannot meet. Using a combination of empirical evidence and quantitative modeling, this Article shows that deterrence will tend to increase, rather than decrease, net levels of corporate crime in developing countries. The ever-increasing power of multinational corporations thus calls for a new theory of punishment, one that uses criminal enforcement to address the systemic causes of crime. That theory, quite ironically, is restorative justice. By involving the perpetrator, victim, and community in the sentencing process, restorative justice does not merely punish the wrongdoer, but remedies the harm caused by the crime, prevents future harm, and reintegrates the defendant into the very community it violated. Though generally thought to apply only to the traditional crimes of natural persons, this Article demonstrates that the U.S. Constitution and Sentencing Guidelines already authorize corporate sentencing practices rooted in restorative justice principles. More to the point, for two decades the U.S. Department of Justice has quietly been implementing restorative justice principles in domestic white-collar environmental sentencing. Drawing on those precedents, this Article builds a model for extraterritorial white-collar criminal punishment that advances the interests of U.S. corporations and enforcement agencies alike, benefits the overseas victims of corporate crime, and requires no new legal authorization to implement.
A Pragmatist’s View of Promissory Law with a Focus on Consent and Reliance
Authors: Hillman Robert A.
Published: July 2018

This article discusses Professor Nate Oman's excellent new book, "The Dignity of Commerce," which makes an impressive case for how markets can produce "desirable" outcomes for society. In addition to a comprehensive account of what he calls "virtues" of markets, such as their tendency to produce cooperation, trust, and wealth, the book is full of useful and persuasive supporting information and discussions.Oman is not only a fan of markets, but he asserts that markets are the "center" of contract theory, and provide its normative foundation. Elaborating, Oman concludes that "contract law exists primarily to support markets" and that "contracts are valuable because they facilitate commerce and extend the reach of markets. It is their beneficial consequences that justify the enforcement of contracts."The article focuses on two of the many important issues generated by Oman's thesis. First, has Oman done enough to convince that markets are what he calls the "centerpiece" of contract law? Second, does his effort to present what is essentially a unitary normative theory of contract handcuff his analysis of particular contract issues and doctrines? I will argue that markets are important and contract law should and does play an important role in supporting markets. However, we should not demote other visions of contract law, but see them all as important ingredients in understanding the subject. By largely espousing a unitary, integrative theory of contract law, Oman may have boxed himself into a corner that leads to a few debatable propositions, including with respect to consent to boilerplate and reliance on promises, which the article takes up in some detail.The article concludes that "The Dignity of Commerce" makes a solid case for the importance and virtues of markets and is rich in discussion and detail. As with any excellent work, it makes the reader ponder accepted wisdom and adds to the reader's perspective. Further, in making his case for markets, Oman does an excellent job of introducing, discussing and debunking many counterarguments. My effort in this article is only to reflect on whether the market argument really can capture the entire contract-law field.
Deferring for Justice: How Administrative Agencies Can Solve the Employment Dispute Quagmire by Endorsing an Improved Arbitration System
Authors: Eigen Zev J. , Sherwyn David
Published: July 2018

Cornell Journal of Law and Public Policy: Vol. 26 : Iss. 2 , Article 1. When it comes to the issue of pre-dispute mandatory arbitration, the concept of attaining justice for all partie n a vacuum instead of in comparison to the fall back—the litigation and agency adjudication processes. In this Article, we address each of the components of arbitration, but in context to the alternative and thus, conclude that a fixed arbitration system will provide the type of justice unavailable in the current system.
How the Federal Cause of Action Relates to Rights, Remedies, and Jurisdiction
Authors: Preis John F.
Published: July 2018

Time and again, the U.S. Supreme Court has declared that the federal cause of action is "analytically distinct" from rights, remedies, and jurisdiction. Yet, just pages away in the U.S. Reports are other cases in which rights, remedies, and jurisdiction all hinge on the existence of a cause of action. What, then, is the proper relationship between these concepts?The goal of this Article is to articulate that relationship. This Article traces the history of the cause of action from eighteenth-century England to its modem usage in the federal courts. This history demonstrates that the federal cause of action is largely distinct from rights, closely related to (and sometimes synonymous with) remedies, and distinct from jurisdiction except where Congress instructs otherwise or the case implicates sovereign immunity. Sorting out these relationships provides several benefits, including refining the doctrine of prudential standing, clarifying the grounds for federal jurisdiction, and dispelling claims that Congress lacks power over certain causes of action.
On Maximizing Deterrence Per Dollar: Thoughts Inspired by Peter Reilly
Authors: Spalding Andrew B.
Published: July 2018

Professor Peter Reilly addresses concerns that practitioners in this space have privately and publicly debated for years. What exactly is cooperation credit? Can we quantify it? The government promises that self-reporting is in our self-interest, but the government’s interest in saying so is obvious enough. What evidence can the government provide?The difficulty of measuring this credit is somewhat ironic, given the government’s dependence on cooperation. As this essay will show, our modern enforcement regime, which has four components—the internal or independent investigation, voluntary disclosure, cooperation credit, and a negotiated settlement—is the government’s method of maximizing general deterrence with finite resources. Ensuring that defendant companies see sufficient incentive to self-report is therefore critical to advancing the policy goals that inhere in anti-bribery enforcement.Hence the value of Professor Reilly’s critique. He argues that the government “must provide greater transparency regarding specific and calculable benefits that can be achieved through self-reporting and cooperation” in FCPA settlements. And indeed, it may be powerful evidence of his argument’s force that very recently, the government has taken measures to do that very thing. Put another way, Professor Reilly’s is an idea whose time has come.This Essay provides both background and foreground to Professor Reilly’s article. It first explains the role of self-reporting and cooperation in anti-bribery enforcement, suggesting that the government is essentially seeking to adjust both the numerator and denominator of a ratio that might be called Deterrence Per Dollar. This Essay will then describe and endorse Professor Reilly’s critique of FCPA enforcement, and show how the government seems to have recently responded to that critique with a flurry of important reforms. Finally, I briefly discuss the prospects of adopting additional reforms, and conclude by sounding a hopeful note that these would likewise command Professor Reilly’s support.
Using Experiential Education to Develop Human Resources for the Nonprofit Community: A Course Study Analysis
Authors: Hodges Ann C.
Published: July 2018

In this era of shrinking resources and increased pressure to produce "practice-ready" lawyers, law schools are seeking new and cost-effective ways to provide experiential education. This article reports and analyzes the results of a survey of graduates and students from a course in Nonprofit Organizations that incorporated a community-based project designed to develop skills, enhance learning and encourage post-graduation involvement with nonprofits. Although limited to one course, this course study, like a case study, offers valuable information. Consistent with other research on experiential education, the survey supports the conclusion that such projects, while less resource intensive and comprehensive than clinics, offer benefits to both the students and to the community.
Metaphor, Objects, and Commodities
Authors: Taylor George , Madison Michael J
Published: July 2018

This Article is a contribution to a Symposium that focuses on the ideas of Margaret Jane Radin as a point of departure, and particularly on her analyses of propertization and commodification. While Radin focuses on the harms associated with commodification of the person, relying on Hegel's idea of alienation, we argue that objectification, and in particular objectification of various features of the digital environment, may have important system benefits. We present an extended critique of Radin's analysis, basing the critique in part on Gadamer's argument that meaning and application are interrelated and that meaning changes with application. Central to this interplay is the speculative form of analysis that seeks to fix meaning, contrasted with metaphorical thought that seeks to undermine some fixed meanings and create new meanings through interpretation. The result is that speculative and metaphorical forms are conjoined in an interactive process through which new adaptations emerge. Taking this critique an additional step, we use examples from contemporary intellectual property law discourse to demonstrate how an interactive approach, grounded in metaphor, can yield important insights.
Creativity and Craft
Authors: Madison Michael J
Published: July 2018

I revisit the distinction between intangible works of authorship and tangible objects, which is a fundamental proposition of modern copyright law. I suggest that reconsidering that distinction, at least in part, may expand the range of possibilities for aligning modern copyright as an economic construct with the historical roots of copyright and with ethical claims about authorial expression. Revisiting that distinction also may provide contemporary lawyers and policymakers with a much-needed tool for managing challenges posed by digital technology.
Crime and Governance in Indian Country
Authors: RIley Angela R.
Published: July 2018

Criminal jurisdiction in Indian country is defined by a central, ironic paradox. Recent federal laws expanding tribal criminal jurisdiction are, in many respects, enormous victories for Indian country, as they acknowledge and reify a more robust notion of tribal sovereignty, one capable of accommodating increased tribal control over safety and security on Indian reservations. At the same time, the laws make clear that sovereignty comes at a price, potentially working to effectuate further assimilation of tribal courts and Indian people. As a result, at the same time that tribal sovereignty gains ground in ways critical to autonomy and self-governance, it is simultaneously threatened by exogenous forces that have the potential to homogenize tribal justice systems legally, politically, and—in particular—culturally.This Article offers the first comprehensive assessment of the Tribal Law and Order Act and the reauthorization of the Violence Against Women Act, respectively, to show how they relate to one another on the ground and the implications for tribal sovereignty and self-determination. Ultimately, based on data compiled for the first time as well as extensive secondary sources, I argue that expanded criminal jurisdiction and punishment authority have, perhaps paradoxically, enhanced the ability of tribes to develop and enforce policies, laws, and procedures that are consistent with tribal custom and tradition. This presents a unique opportunity worthy of further exploration. In other words, rather than sovereignty and assimilation expanding in tension with one another, I find that the application of the laws has been experienced in tribal communities, as least anecdotally and preliminarily, as greatly enhancing—not threatening or destroying—tribal sovereignty and Indian cultural survival.Published: Angela R. Riley, "Crime and Governance in Indian Country," 63 UCLA Law Review 1564 (2016).
Consumer Financial Protection and Human Rights
Authors: Ondersma Chrystin
Published: July 2018

Cornell International Law Journal: Vol. 50 : No. 3 , Article 4This summer the Consumer Financial Protection Bureau proposed a rule that would restrict the use of mandatory arbitration clauses in consumer financial credit contracts. With the administration and Congress seemingly eager to pull back on consumer financial regulations, it is crucial to examine the rights at stake. Many financial institutions have agreed to protect and promote human rights, so pressure from consumers, human rights organizations, and consumer protection advocates may succeed even though Congress has declined to promulgate the CFPB’s proposed rule. This Article argues that the existing binding, mandatory arbitration system in consumer credit contracts is inconsistent with human rights principles, including property rights, rights to be free from discrimination, and due process rights. This Article then evaluates the CFPB’s rule from a human rights standpoint, and explores the CFPB’s role in mitigating human rights concerns triggered by arbitration clauses in consumer credit contracts.
Labor and Finance as Inevitably Transnational: Globalization Demands a Sophisticated and Transnational Lens
Authors: Canova Timothy A. , Dickerson Claire Moore , Stone Katherine V.W.
Published: July 2018

41 San Diego Law Review 109 (2004)
Law Libraries as Publishers: Your Copyrighted Works
Authors: Keele Benjamin John
Published: July 2018

Benjamin J. Keele, Law Libraries as Publishers: Your Copyrighted Works, ALL-SIS Newsletter 36(3/4), 3-4 (2017)
Time to Blossom: An Inquiry into Bloom’s Taxonomy as a Hierarchy and Means for Teaching Legal Research Skills
Authors: Callister Paul Douglas
Published: July 2018

Within law librarianship and legal education, there has been far too little scholarly engagement on the underlying pedagogy at the heart of legal research instruction. To correct this deficiency, law librarianship needs to open a dialogue and should consider adapting Bloom’s Taxonomy as a common schema for a collaborative effort. This paper was initially presented at the "Conference on Legal Information: Scholarship and Teaching," held at the University of Colorado Law School on June 21-22, 2009, as part of its Boulder Summer Conference Series. It follows the author's own recently published challenge to law librarianship and legal research instructors to create a Bloom’s taxonomy for legal research education. See Paul D. Callister, Thinking Like a Research Expert: Schemata for Teaching Complex Problem-Solving Skills, 28 LEGAL REFERENCE SERVICES Q. 31, 48-49 (2009).
NASKAH AKADEMIK PEDOMAN ORGANISASI DAN TATA KERJA PEMERINTAH DESA
Authors: Umanailo Muhamad Chairul Basrun , Bula M. , Hentihu Idrus , Umanailo Rosita , Ningkeula Edy Said , Nawawi Mansyur , Jumu La , Bahasoan Husen , Assagaf Said Abdurahman , Hamid Iskandar
Published: July 2018

Saat berlakunya Undang-undang Nomor 32 Tahun 2004 Tentang Pemerintahan Daerah, sebagaimana diubah dengan Undang-undang Republik Indonesia Nomor 12 Tahun 2008 Tentang Perubahan Kedua Atas Undang-Undang Nomor 32 Tahun 2004 Tentang Pemerintahan Daerah, Pasal 1 angka 12 mengartikan, desa atau yang disebut dengan nama lain, selanjutnya disebut desa, adalah kesatuan masyarakat hukum yang memiliki batas batas wilayah yang berwenang untuk mengatur dan mengurus kepentingan masyarakat setempat, berdasarkan asal-asul dan adat istiadat setempat yang diakui dan dihormati dalam sistem Pemerintahan Negara Kesatuan Republik Indonesia.Desa dibentuk di kabupaten/kota, dan di dalam desa dibentuk pemerintahan desa yang menjalankan kewenangan untuk mengatur dan mengurus kepentingan masyarakat setempat. Pasal 200 ayat (1) dan (2) Undang-undang Nomor 32 Tahun 2004 menentukan:(1) Dalam pemerintahan daerah kabupaten/kota dibentuk pemerintahan desa yang terdiri dari pemerintah desa dan badan permusyawatan desa.(2) Pembentukan, penghapusan, dan/atau penggabungan desa dengan memperhatikan asal usulnya atas prakarsa masyarakat.
The Civil Rights of Sexually Exploited Youth in Foster Care
Authors: Cecka Dale Margolin
Published: July 2018

This paper examines the civil rights of youth who are missing or discharged from foster care and become victims of sexual exploitation. It also addresses future implications of this epidemic, given demographic patterns of the United States, if we do not address this issue now. Section II describes the demographics of adolescents in foster care. Next, Section III addresses the sexual exploitation of this population. Section IV describes the legal framework of the foster care system and legislation pertaining to sexually exploited youth. Section V analyzes the constitutional rights of foster youth who become victims of sexual exploitation and draws analogies to similarly situated groups whose rights have been more firmly established by federal courts. Finally, Section VI concludes that adolescents in foster care have a constitutional right to be free from state action which puts them at risk for sexual exploitation.
What Notice Did
Authors: Litman Jessica
Published: July 2018

In this article, I explore the effect of the copyright notice prerequisite on the law's treatment of copyright ownership. The notice prerequisite, as construed by the courts, encouraged the development of legal doctrines that herded the ownership of copyrights into the hands of publishers and other intermediaries, notwithstanding statutory provisions that seem to have been designed at least in part to enable authors to keep their copyrights. Because copyright law required notice, other doctrinal developments were shaped by and distorted by that requirement. The promiscuous alienability of U.S. copyrights may itself have been an accidental development deriving from courts' constructions of the copyright notice provision. In 1989, the United States abandoned its reliance on copyright notice. We did not, though, think about ways to retrofit our law to replace the supports that notice provided for its underlying assumptions. The distortions that notice permitted – indeed encouraged – continue to shape case law adjudicating ownership of US copyrights, despite the fact that they no longer make practical or legal sense.
Carbon Trading and the Morality of Markets in Laudato Si
Authors: Peñalver Eduardo M.
Published: July 2018

In a brief but much noted passage of Laudato Si, Pope Francis criticized so-called “cap and trade” approaches to reducing carbon emissions. “The strategy of buying and selling ‘carbon credits,’” he said, “can lead to a new form of speculation, which would not help reduce the emission of polluting gases worldwide.” Commentators have interpreted the passage as a categorical and moralistic rejection of market-based solutions to climate change. Read within the context of the encyclical and the broader Catholic social tradition, however, it becomes clear that the Pope’s critique of cap-and-trade is simultaneously more and less all-encompassing than these initial readings allow.The Pope’s objection to market-based approaches to controlling carbon emissions is closely tied to his analysis of global economic inequality. It reflects an astute appreciation of the way in which inequality can distort the market’s ability to serve as an efficient and just means of allocating the costs of environmental protection. His critique therefore echoes earlier discussions within liberation theology of the notion of “structural sin” and reinforces calls within Catholic Social Thought for analysis of markets always to be considered within – and at the service of – a broader moral framework. Situating Francis’s discussion within these traditions makes clear that, under the right circumstances, a cap and trade system of emissions regulation could be consistent with the Pope’s analysis in Laudato Si.In this short essay, I will briefly describe the so-called “market-based” approaches to greenhouse gas reduction that have dominated policy discussions of climate change in recent years. I will then situate Pope Francis’s objection to these sorts of policy responses, both within the broader climate debate and within the tradition of Catholic social teaching. Finally, I will propose constraints that would seem to address Pope Francis’s concerns.
Nudging Robots: Innovative Solutions to Regulate Artificial Intelligence
Authors: Guihot Michael , Matthew Anne , Suzor Nicolas Pierre
Published: July 2018

Accepted in Vanderbilt Journal of Entertainment & Technology LawThere is a pervading sense of unease that artificially intelligent machines will soon radically alter our lives in ways that are still unknown. Advances in AI technology are developing at an extremely rapid rate as computational power continues to grow exponentially. Even if existential concerns about AI do not materialise, there are enough concrete examples of problems associated with current applications of artificial intelligence to warrant concern about the level of control that exists over developments in AI. Some form of regulation is likely necessary to protect society from risks of harm. However, advances in regulatory capacity have not kept pace with developments in new technologies including AI. This is partly because regulation has become decentered; that is, the traditional role of public regulators such as governments commanding regulation has been dissipated and other participants including those from within the industry have taken the lead. Other contributing factors are the dwindling of resources in governments on the one hand and the increased power of technology companies on the other. These factors have left the field of AI development relatively unregulated. Whatever the reason, it is now more difficult for traditional public regulatory bodies to control the development of AI. In the vacuum, industry participants have begun to self-regulate by promoting soft law options such as codes of practice and standards. We argue that, despite the reduced authority of public regulatory agencies, the risks associated with runaway AI require regulators to begin to participate in what is largely an unregulated field. In an environment where resources are scarce, governments or public regulators must develop new ways of regulating. This paper proposes solutions to regulating the development of AI ex ante. We suggest a two-step process: first, governments can set expectations and send signals to influence participants in AI development. We adopt the term nudging to refer to this type of influencing. Second, public regulators must participate in and interact with the relevant industries. By doing this, they can gather information and knowledge about the industries, begin to assess risks and then be in a position to regulate those areas that pose most risk first. To conduct a proper risk analysis, regulators must have sufficient knowledge and understanding about the target of regulation to be able to classify various risk categories. We have proposed an initial classification based on the literature that can help to direct pressing issues for further research and a deeper understanding of the various applications of AI and the relative risks they pose.
Three Supreme Court “Failures” and a Story of Supreme Court Success
Authors: Lain Corinna Barrett
Published: July 2018

Plessy v. Ferguson. Buck v. Bell. Korematsu v. United States. Together, these three decisions legitimated ‘separate but equal,’ sanctioned the forced sterilization of thousands, and ratified the removal of Japanese Americans from their homes during World War II. By Erwin Chemerinsky’s measure in The Case Against the Supreme Court, all three are Supreme Court failures—cases in which the Court should have protected vulnerable minorities, but failed to do so. Considered in historical context, however, a dramatically different impression of these cases, and the Supreme Court that decided them, emerges. In two of the cases—Plessy and Buck—the Court’s ruling reflected the progressive view at the time, and in the third— Korematsu—the extralegal context of the case was strong enough to draw the support of Justices Black and Douglas, two of the Court’s most staunch civil liberties defenders. Plessy, Buck, and Korematsu are potent reminders of the need to historically situate the Supreme Court when evaluating its proclivity to protect. But this is not to say that an ahistoric view of the Court’s protective capacity is all bad. However historically inaccurate, the Supreme Court’s image as a countermajoritarian protector also has a curious upside, setting in motion forces that can, over time, enable and inspire the Court’s protection. In the end, our expectations of the Supreme Court as a countermajoritarian hero both give rise to a rhetoric of failure and pave the way for future protection. What is vastly underappreciated is the connection between the two—how within the rhetoric of failure lies a larger, and largely untold, story of Supreme Court success.
Where Does Creativity Come From? and Other Stories of Copyright
Authors: Madison Michael J
Published: July 2018

This Commentary on Lydia Pallas Loren, Untangling the Web of Music Copyrights, 53 Case W. Res. L. Rev. 673 (2003), observes that debates over a variety of copyright law issues can be - and in fact, often are - structured in narrative terms, rather than in terms of doctrine, policy, or empirical inquiry. I suggest a series of such narratives, each framed by a theme drawn from a feature film. The Commentary suggests that we should recognize more clearly the role of narrative in intellectual property discourse, and that intellectual property narratives should be examined critically.
The Internet, Regulation and the Market for Loyalties: An Economic Analysis of Transborder Information Flow
Authors: Callister Paul Douglas
Published: July 2018

As the Internet has gained prevalence, attention has turned to its regulation. Indeed, regulation proves to be a unique and complex problem, given the Internet's lack of traditional borders and boundaries. Highlighting possible avenues of regulation, the author discusses neo-classical economic theory, specifically Monroe E. Price's "market for loyalties" theory. Although originally applied to the regulation of broadcasting, the author contends that the "market for loyalties" theory can also be applied to the Internet. Building on Professor Price's pioneering analysis, the article extends the theory to examine market elasticity's effect on the loss of monopoly control over information flow (as a result of the Internet).Because the fundamental nature of information defies traditional legal and economic models, regulation of the Internet is problematic. In addition, the sheer scale, social aspects, and functional design of the Internet itself make effective regulation difficult. Governments are also faced with the dilemma of limiting Internet access while still leveraging its economic benefits. Nonetheless, governments have attempted to regulate the Internet through content filtering, Internet surveillance, and self-policing.By applying the "market for loyalties" theory, the article analyzes the behavior of states in regulating transborder information flow and predicts the consequences of unsuccessful regulation. After summarizing the theory and setting forth its elements, the author explores the relationship of exchange between identity and the competition for loyalty and identifies factors which destabilize the status quo (in terms of diminished loyalty). Indeed, in the interest of self-preservation, the government asserts monopoly power over the market for loyalties. Thus, regulatory schemes change when the balance of power shifts, or when existing regulation proves inadequate to maintain the status quo.By comparing the efficiency of two different markets, citing Singapore and China, and considering the role of elasticity in each market, the article details the possible ramifications of a loss of monopoly control for each market. Because elasticity is a function of the prior penetration into the market of competing products (or identities), the author concludes that the most restrictive regimes face the greatest turmoil (as expressed in decline in loyalty resulting from increased competition). Finally, the author delineates the "market for eyeballs" theory and why the "market for loyalties" as expanded in his discussion provides a more thorough analytical framework.This article was originally published in 2002 University of Illinois Journal of Law, Technology & Policy 59-107 and is reproduced here by permission
Discarding Dariano: The Heckler's Veto and a New School Speech Doctrine
Authors: Armstrong Julien M.
Published: July 2018

Cornell Journal of Law and Public Policy: Vol. 26 : Iss. 2 , Article 4. Of all of the freedoms enshrined in the Bill of Rights, perhaps none inspire the level of interest and debate among both scholars and laypersons as the freedom of speech. The First Amendment to the Constitution of the United States of America guarantees that “Congress shall make no law . . . abridging the freedom of speech, or of the press,” and it has long been held that “speech” encompasses not merely spoken words butany conduct which is “sufficiently imbued with elements of communication to fall within the scope of the First and Fourteenth Amendments.”
Semi-Confidential Settlements in Civil, Criminal, and Sexual Assault Cases
Authors: Levmore Saul , Fagan Frank
Published: July 2018

103 Cornell L. Rev. 311 (2018)Settlement is more likely if parties are free to set its terms, including a promise that these terms will remain secret between them. State sunshine-in-litigation laws work to defeat this incentive for confidentiality in order to protect third parties from otherwise unknown hazards. The intuition is that a wrongdoer should not be able to pay one plaintiff for silence at the expense of other victims. This Article begins by showing that the intuition is often wrong or overstated. A plaintiff who can assess a defendant’s vulnerability to future claims can extract a large enough settlement to provide substantial deterrence, and at a much lower cost to the legal system. The argument does not transfer well to most criminal cases, where the defendant might pay, not to avoid other claims, but to avoid incarceration, which offers no direct benefit to the settling victim. It is further complicated in sexual assault cases, where the plaintiff might settle too quickly in order to protect her privacy. The discussion works toward the idea that in some settings semi-confidentiality—the disclosure of the substance of settlement but not the magnitude of monetary payments— is superior to both secrecy and transparency. The right amount of confidentiality is a function of the parties’ interest in privacy, the likelihood that the wrongdoing is part of a pattern unknown to the settling plaintiff, and the accuracy of the litigation process that settlement seeks to bypass. We are able to identify cases where law ought to allow (even) criminal cases to be settled privately and confidentially, and also cases where even sexual assault victims should be steered away from confidential settlement and toward translucency.
Is Patent Enforcement Efficient
Authors: Lemley Mark , Feldman Robin C.
Published: July 2018

Traditional justifications for patents are all based on direct or indirect contribution to the creation of new products. Patents serve the social interest if they provide not just invention, but innovation the world would not otherwise have. Non-practicing entities (“NPEs”) as well as product-producing companies can sometimes provide such innovation, either directly, through working the patent or transferring technology to others who do, or indirectly, when others copy the patented innovation. The available evidence suggests, however, that patent licensing demands and lawsuits from NPEs are normally not cases that involve any of these activities. Some scholars have argued that patents can be valuable even without technology transfer because the ability to exclude others from the market may drive commercialization that would not otherwise occur. We demonstrate that even if various commercialization theories can sometimes justify patent protection, they cannot justify most NPE lawsuits or licensing demands.
Unquantified Benefits and the Problem of Regulation under Certainty
Authors: Masur Jonathan S. , Posner Eric A.
Published: July 2018

102 Cornell Law Review 87 (2016)Regulatory agencies are required to perform cost-benefit analysis of major rules. However, in many cases regulators refuse to report a monetized value for the benefits of a rule that they issue. Sometimes, they report no monetized value; at other times, they report a monetized value but also state that not all benefits have been quantified. On occasion, regulators also refuse to monetize or fully monetize costs. These practices raise a puzzle. If a regulator chooses not to monetize all the benefits or all the costs, it is not doing cost-benefit analysis. If it is not doing cost-benefit analysis, what is it doing? To investigate this question, we compiled a data set consisting of all major regulations issued by agencies from 2010 to 2013. We come to three conclusions. First, there are countless examples where agencies fail to fully monetize the benefits and costs of regulations. Second, in most cases, agencies could easily monetize or partially monetize those benefits and costs. Third, even where monetization would be difficult, the agencies could and should have made explicit the implicit valuations they relied on and supported those valuations as much as possible with empirical evidence. We then proceed to explain how agencies could engage in cost-benefit analysis even when they do not have a reliable basis for estimating valuations. Even where they lack complete data, agency regulators may be able to make reasonable guesses about the harms or benefits from regulations. In many cases, these guesses will be based on the experience and latent knowledge of the agency staff. These preliminary guesses constitute Bayesian prior probabilities. While agencies should be permitted to “guess” — that is, supply a subjective prior probability — they must also be required to update their estimates as they gain new information.
Religion and Social Coherentism
Authors: Tebbe Nelson
Published: July 2018

91 Notre Dame Law Review 363 (2015)Today, prominent academics are questioning the very possibility of a theory of free exercise or non-establishment. They argue that judgments in the area can only be conclusory or irrational. In contrast to such skeptics, this Essay argues that decisionmaking on questions of religious freedom can be morally justified. Two arguments constitute the Essay. Part I begins by acknowledging that skepticism has power. The skeptics rightly identify some inevitable indeterminacy, but they mistakenly argue that it necessarily signals decisionmaking that is irrational or unjustified. Their critique is especially striking because the skeptics’ prudential way of working on concrete problems actually shares much with the methods of others. Part II then argues that the best defense of religious freedom jurisprudence begins with an approach known as coherentism. In political philosophy, coherentism refers to the way legal actors compare new problems to existing principles and paradigms in order to identify solutions that are justified. The Essay then extracts and emphasizes the social aspects of this basic account. It contends that arguments about the meaning of the Constitution appropriately reflect social and political dynamics. The resulting approach, social coherentism, describes a powerful method for generating interpretations of the First Amendment that are justified, not conclusory. This matters at a moment when some defenders of religious traditionalism are suggesting that principled decisionmaking on questions of religious freedom is impossible, and therefore that such issues should be largely surrendered to political processes.
Compelled Statements from Police Officers and Garrity Immunity
Authors: Clymer Steven D.
Published: July 2018

76 New York University Law Review 1309 (2001)In this Article, Professor Steven Clymer describes the problem created when police departments require officers suspected of misconduct to answer internal affairs investigators' questions or face job termination. Relying on the Supreme Court's decision in Garrity v. New Jersey, courts treat such compelled statements as immunized testimony. That treatment not only renders such a statement inadmissible in a criminal prosecution of the suspect police officer, it also may require the prosecution to shoulder the daunting and sometimes insurmountable burden of demonstrating that its physical evidence, witness testimony, and strategic decisionmaking are untainted by the statement. Because police internal affairs investigators decide whether to take and disseminate compelled statements from police officers, prosecutors are powerless to prevent the problem. Yet, as Professor Clymer shows, the Garrity doctrine as applied by lower courts, has an uncertain foundation. The Supreme Court never has addressed the full range of protections that courts often bestow on compelled statements, such as prohibitions on nonevidentiary and indirect evidentiary use. Furthermore, these stringent use restrictions are difficult to square with the less robust protection that courts afford coerced confessions and with the need to address police criminality effectively. While rejecting the proposition that the Court should overrule Garrity, Clymer argues that courts should relax prohibitions on collateral uses of compelled statements. Clymer also suggests that policymakers require police departments to use sanctions less severe than job termination to prompt police officers to answer questions during administrative investigations. Threats of lesser sanctions often will be sufficient to encourage police officers to answer and will do so without triggering Garrity immunity. This approach fairly balances the competing interests of police departments, police officers, and prosecutors in cases of alleged police criminality.
Embracing the Excluded: Using Mandatory Inclusionary Zoning to Affirmatively Further Fair Housing in St. Louis
Authors: Pinedo Victor J.
Published: July 2018

You decide to take a walk, heading north out the door. As you begin your journey, you walk through large, gated neighborhoods with multi-story brick homes, green, luscious lawns, and streets shaded by tall white oaks and maple sugar trees. Continuing on, you notice a drastic change. Facing you are dilapidated houses, a plethora of vacant lots, and deteriorating, minimally maintained streets and infrastructure. The contrast is striking and you cannot help but wonder how long these conditions have existed and whether they will persist. No, this is not a scene from A Tale of Two Cities. Welcome to St. Louis, Missouri.