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Neoliberal Civil Procedure
Get PDFThis Article argues that the current era of U.S. civil procedure is defined by its neoliberalism. The Supreme Court has over the past few decades reinterpreted the Federal Rules of Civil Procedure in ways that have made it more difficult for citizens to bring and maintain civil claims. The major decisions of this new era—in areas as diverse as summary judgment, pleading, class actions, and arbitration—exhibit neoliberal hallmarks. They display neoliberalism’s tendency to naturalize existing market arrangements, its focus on efficiency and obscuring questions of power, its reduction of citizens to consumers, and its attempt to analyze government through the lens of market-modeled concepts. As the Court’s procedural decisions make it increasingly difficult for citizens to bring claims enforcing regulatory law—including antitrust, antidiscrimination, consumer protection, and worker protection laws—the Court’s neoliberal orientation lurks in the background and helps to explain procedure’s modern progression. In order to fully appreciate, critique, and potentially move beyond the current era of U.S. civil procedure, it is important to understand the neoliberal logic that drives it, as well as the logics and values it obscures and sidelines
The Dynamic Negotiated Exchange Model of Heroism and Heroic Leadership: Lessons From the COVID-19 Pandemic
Get PDFThis article proposes a new model of heroism and heroic leadership that conceptualizes the exchange relationship between heroic leaders and the recipients of heroic action as dynamic and negotiated. Previous exchange models portraying heroic leadership exchange as static and passive are shown to be inadequate under conditions of major societal upheaval. Underlying the Dynamic Negotiated Exchange (DNE) model is the idea that equitable hero–recipient exchange during times of societal crises becomes strained and subject to negotiated revision. The terms of the negotiation are first manifest in media dialogue and then translate to individual or structural reforms offering more equitable exchange outcomes. To illustrate our model, we use examples from the COVID-19 pandemic, during which dynamic negotiated exchanges are demonstrated in phenomena such as the Great Resignation and the Great Upgrade
Cannabis Law
Get PDFOn July 1, 2021, Virginia became the sixteenth state to permit recreational use of cannabis. As of 2022, thirty-nine states have legalized the medical use of cannabis, and nineteen states and the District of Columbia have legalized the adult use of cannabis for recreational purposes. “A CBS News/YouGov poll released in April 2022 found that two-thirds of Americans want recreational [cannabis] use to be legalized under federal law and in their own state.” This Article summarizes the history of cannabis regulation and examines the current legal landscape in Virginia governing the possession, cultivation, manufacturing, and sale of cannabis
Coping in the time of COVID-19: Mindsets and the stories we tell
Get PDFAcross two studies (N = 803), we explored how meaning-making systems (i.e., mindsets and narrative identity) are related to each other as well as to coping in the wake of challenges faced during the COVID-19 pandemic. In Study 1, we find that struggle-is-enhancing, relative to struggle-is-debilitating, mindsets predicted stories defined by elements of personal control with opportunities for growth (agency) and an emphasis on the positive, rather than on the suffering (redemptive). Stronger enhancing mindsets and agentic as well as redemptive narratives predicted more adaptive coping, including less negative affect, less avoidance, and positive expectations for future success. In Study 2, we replicated these fundamental findings and explored relations with wellbeing. Struggle-is-enhancing, relative to debilitating, mindsets related to greater wellbeing as did agency and redemptive stories. Overall, creating meaning from struggle, crafting tales with more positive themes, and using active coping show promise for future work focused on enhancing social, emotional, and psychological wellbeing
Acquisitions, Stakeholder Economies of Scope, and Stakeholder Orientation
No full textAn acquisition brings multiple stakeholder networks together into one combined firm, which inevitably results in changes to the relationships and value propositions the firm has with its stakeholders, and ultimately to the value the firm creates for them. In this paper, we argue that stakeholder economies of scope are possible through managing the stakeholder relationships of multiple business units in a way that creates more total economic value for stakeholders than if those businesses were each managed separately. For example, a broadly stakeholder-oriented acquiring firm can create a stakeholder economy of scope by expanding its broad stakeholder orientation to a newly acquired business unit. The increase in total economic value this generates for the combined network of stakeholders is not recognized in other types of economies of scope. Alternatively, we argue that when an acquiring firm with a narrow stakeholder orientation expands its orientation to a newly acquired division that is broadly stakeholder-oriented, the combined firm experiences a reduction of total economic value, all else equal, due to what we term stakeholder diseconomies of scope. Stakeholder economies and diseconomies of scope have the potential to help explain more of the large variance in the performance of acquiring firms than has been explained previously