SelectedWorks @ Chapman University Dale E. Fowler School of Law
Not a member yet
1539 research outputs found
Sort by
Transporting India into a New Climate: The Implications for Energy Law and Policy
No full textThis comment examines the energy challenges that the Indian government faces in developing its infrastructure. It briefly summarizes the policies adopted by the government, as well as their scope and limits
Pragmatism, Originalism, Race and the Case against Terry v. Ohio
No full textPerhaps no decision of the United States Supreme Court concerning the Fourth Amendment’s prohibition on “unreasonable search and seizure” has come in for more criticism than Terry v. Ohio, in which the Supreme Court concluded that even absent probable cause to arrest, a brief detention and protective search of an individual comports with the Fourth Amendment “where a police officer observes unusual conduct which leads him reasonably to conclude that criminal activity may be afoot and that the person with whom he is dealing may be armed and presently dangerous . . .” Terry is frequently denounced as granting the police excessively broad discretion that threatens the liberty of the innocent, and which facilitates discrimination against minorities and others that the police are all too likely to view as suspicious. Originalists attack Terry as well, claiming that it lacks adequate support in framing-era practice. This paper, part of the 2010 Texas Tech Law Review\u27s Fourth Amendment Symposium, offers a defense of the much-maligned Terry doctrine. It begins with an account of urban crime over the past few decades, and argues that there is a case to be made that Terry’s regime of stop-and-frisk deserves a good deal of the credit for the reductions in violent crime that major cities have experienced in recent years. It then considers the originalist attack on Terry, and argues that it runs afoul on the Achilles heel of originalism – it relies on framing era practice and understandings to flesh out the meaning of constitutional text without taking adequate account of the context in which these practices and understandings emerged. Although the historical support for Terry‘s regime of stop-and-frisk is fairly debatable, framing-era judgments about stop-and-frisk were made in a context so dramatically different from contemporary urban law enforcement that they can offer no useful guide for assessing the constitutional mandate of reasonableness. The paper finally turns to the pragmatic attacks on Terry, and after observing that the evidence that Terry has facilitated unwarranted or discriminatory police conduct is more ambiguous than the critics acknowledge, contends that these critics undervalue the importance of Terry to saving lives in the inner city
The Emerging Constitutional Challenge of Climate Change: India in Perspective
No full textIndia’s rapidly growing economy naturally demands increasing energy needs from the industrial scale down to the personal. Mindful of potential negative impacts of economic development, India is making efforts to encourage growth while preserving and protecting the environment and human rights. India’s Integrated Energy Policy sets out the roadmap for how the country plans to achieve the balance among development, environmental protection, citizens’ rights, energy security, and a host of other priorities and concerns. Though ambitious and broad in scope, the Policy may prove inadequate in mitigating environmental impacts of development, and thus inadequate in balancing India’s needs, particularly in the realm of climate change
Comments of 71 Concerned Economists: Using Procurement Auctions to Allocate Broadband Stimulus Grants
No full textThe signatories to this document are economists who have studied telecommunications, auctions, and competition policy. While we may disagree about the stimulus package, we believe that it is important to implement mechanisms that make stimulus spending as efficient as possible. To that end, we have come together to encourage the National Telecommunications Information Agency (NTIA) and Rural Utilities Service (RUS) to adopt auction mechanisms to allocate broadband stimulus grants.
The broadband stimulus NOI asks which mechanisms NTIA and RUS should use to distribute grants and how those mechanisms address shortcomings in traditional grant and loan programs. In this note we explain why procurement auctions are more efficient and more consistent with the stimulus goals of allocating funds quickly than a traditional grant review process. We recommend that NTIA/RUS use procurement auctions to distribute at least part of the stimulus funds.
The American Recovery and Reinvestment Act (ARRA) requires NTIA/RUS to distribute $7.2 billion in broadband subsidies. The broadband component of the Act has dual, and not entirely consistent, objectives of providing immediate economic stimulus and improving broadband service. NTIA/RUS faces a formidable challenge in determining how to spend the money quickly and efficiently in ways that meet these goals. The traditional grant application process is long, complicated, and involves subjective and arbitrary decisions regarding which projects to fund. In other words, requesting and reviewing grant applications is not an effective way to implement the plan.
Procurement auctions, in contrast, provide a mechanism that can allocate grant money quickly, efficiently, and according to well-defined rules. As a result, procurement auctions offer NTIA/RUS the most promising method of maximizing broadband improvement while also creating some level of “temporary, timely, and targeted” stimulus. We therefore strongly recommend that NTIA/RUS adopt procurement auctions as its preferred method of distributing grants.
This memo has three parts. First, it explains why the traditional grant application process is unsuitable for this task and why procurement auctions are better suited. Second, it sketches out a procurement auction plan. This plan is intended to be a starting point from which auction design experts would proceed to build and implement a fully functional auction. Finally, we explain that even if policymakers are skeptical of procurement auctions, one could be implemented quickly as part of an initial tranche of stimulus funding in order to test its efficacy relative to traditional approaches. This approach would allow NTIA/RUS to quickly expand upon or modify the procurement auction program in subsequent funding rounds
An Experimental Inquiry into the Social Construction of Property
No full textWe design a laboratory experiment to explore whether and how property rights emerge in a specialization and exchange environment where theft is costless. Additional treatments examine various enforcement mechanisms to determine whether private actions can produce agreement to respect property. We find that although an absence of exogenous enforcement does not hamper property’s emergence in all cases, private enforcement instruments tend to worsen outcomes. Property emerges when subjects form groups, understand potential gains from trade, convince group members that all benefit by avoiding theft, and display credible commitment to cooperation in their actions. In other words, as Hume argued in 1740, property is a convention