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The Oligarchic Courthouse: Jurisdiction, Corporate Power, and Democratic Decline
Get PDFJurisdiction is foundational to the exercise of a court’s power. It is precisely for this reason that subject matter jurisdiction today has come to the center of a struggle over corporate power and the regulatory state. Corporations have sought to manipulate forum choice to wear out less-resourced parties and circumvent hearings on the merits, along the way insulating themselves from laws that seek to govern their behavior. Corporations have done so by making creative arguments to lock plaintiffs out of court and push them into arbitration, and failing that, to lock plaintiffs into federal court rather than state court or to punt their cases to administrative agencies that may lack the power or will to resolve the underlying issues in the case. These efforts have largely been successful. This Article offers a panoramic view of how federal courts have acquiesced in a corporate-driven effort to transform jurisdictional doctrines over recent decades and contends that together, these doctrinal changes constitute an inflection point in U.S. law and procedure. We argue that issues of jurisdiction today, as at the turn of the Twentieth Century, are not only slanted towards corporate interests but are also part of a larger struggle over oligarchy and democracy. The shifts in jurisdiction are a core part of the architecture of what we call the oligarchic courthouse—one where courts as public institutions transform their procedures to meet private, corporate interests at the expense of public goals, cementing economic power and translating it into political power. Today, as before, seemingly technical and dry procedural doctrines are employed by courts in ways that protect powerful economic parties and undermine public processes and goals.The construction of the oligarchic courthouse has troubling implications for democracy. To show the scope of the implications, the Article steps back and clarifies why jurisdiction matters to democracy. Drawing on law and social mobilization literature, we argue that jurisdiction functions as a political resource that shapes the opportunities for democratic contestation and reflects the openness and closedness of the state. Having centered jurisdiction in a larger account of democracy, we explore how the oligarchic courthouse, by undermining the possibilities for democratic contestation and entrenching economic power, can be nested in a larger account of democratic decline in the United States
Literature, Pandemic, and the Insufficiency of Survival: Boccaccio’s Decameron and Emily St. John Mandel’s Station Eleven
Get PDFThe question of literature’s utility in relation to the “real world” has been asked since at least the time of Plato. This essay examines an extreme instance of this problem by investigating two works, Giovanni Boccaccio’s Decameron (1349-1353) and Emily St. John Mandel’s Station Eleven (2016), that argue for the value of art in the midst of catastrophe. Boccaccio’s collection of 100 tales, written in the context of the Black Plague, and Mandel’s post-apocalyptic novel about a world devastated by a killer flu, overlap and diverge in instructive ways in making their cases for the important role of literature in confronting suffering, trauma, and loss. Specifically, this essay contrasts Boccaccio’s vision of literature as encouraging a lucidly compassionate embrace of flawed humankind that looks to the future, and Mandel’s evocation of Shakespeare as a trope for civilization that is more nostalgically oriented towards the recovery of the past as a response to the tragic present
Pro-integration policies and the occupational expectations of immigrant youth
Get PDFEurope is experiencing heightened public attention toward anti-immigration policy reforms and restrictions. Despite the potential importance of these policy changes, we do not know whether these policies influence how immigrant children perceive their futures in their host countries. Employing secondary data analysis of the Program for International Student Assessment and the Migrant Integration Policy Index data, I show that a decrease in policy support for immigrant integration is associated with a decrease in how good of a job immigrant children expect to have when they are adults. Since students’ occupational expectations influence their eventual status attainment, this article shows that a decrease in pro-integration policies has important implications for the integration of immigrants into their host countries and for their life trajectories
2022 Faculty Accomplishments Reception
Get PDFProgram for the 2022 Faculty Accomplishments Reception In Honor of University of Richmond Faculty Contributions to Scholarship, Research and Creative Work, January 2021 - December 2021.
March 1, 2022, 3:30 - 5:00 p.m. Teaching and Scholarship Hub.https://scholarship.richmond.edu/far-programs/1006/thumbnail.jp
First in the South: Cannabis Legalization in Virginia
Get PDFIn 2021, Virginia made history when it became the first state in the
South to legalize cannabis for responsible use by adults. Though legalization
is now the law of the land, which today includes personal possession
and cultivation, there remains much work to be done before Virginians are
able to legally purchase cannabis outside of the medical program. Concerns
over social equity provisions, retail sales dates, and the reenactment
clauses added during the 2021 legislative session have drastically slowed
the process of expanding the regulated marketplace to adult-use consumers.
With many key components requiring reenactment by the 2022 General Assembly
Session, the future of cannabis in the Commonwealth remains hazy
and rolled up tightly in partisan politics
In Pursuit of Important Goals: Nostalgia Fosters Heroic Perceptions via Social Connectedness
Get PDFResearch on the theoretical order causally linking heroism to social connectedness and inspiration does not exist to our knowledge (Allison & Green, 2020). We propose that nostalgia is a source of heroism because of the social nature of nostalgic memories. We designed two studies, one correlational and one experimental, to test how nostalgia relates to pursuit of an important goal, through increasing social connectedness, heroic perceptions, and inspiration. Online participants completed an ordinary writing task (Study 1) or were randomly assigned to either a nostalgic or ordinary writing task (Study 2), followed by measures of social connectedness, heroic perceptions, inspiration, and goal pursuit. Nostalgia significantly predicted goal pursuit via social connectedness, heroic perceptions, and inspiration. Theoretical, empirical, and practical implications for future work are discussed. We expanded upon the prosocial function of nostalgia by incorporating heroism into our full sequence. Therefore, we strengthened support for the motivational consequences of nostalgia that can be applied to goal setting and goal pursuit behaviors
Family Friendly: Philosopher\u27s Idea of Family for a More Cohesive Society
No full textThe philosophers Confucius, Aristotle, and Cicero, discussed the importance of family as a starting point for a more friendly and healthier society. This concept has been depicted by modern authors such as James Baldwin in his book The Fire Next Time. In addition, contemporary authors such as Xin Liang, Sibin Wu, and Shujuan Zhang have used the philosopher\u27s perspective as a critical point in their research. Drawing from the philosopher\u27s perspective and modern writers, the concept of family as a foundation for friendships based on goodness is conveyed
This is Not New: Addressing America\u27s Maternal Mortality Crisis
Get PDFThis article utilizes an intersectional approach to examine the causes and
realities of the dismal state of pregnancy-related healthcare in the United
States, highlighting the disparate impact on Black pregnant people. The
enslavementand brutalization of Black women in the U.S. demonstrates how
American society systematically devalues Black health, especially reproductive
health. The impacts of this horrific history persist today, resulting in the
American healthcare system utterly failing Black mothers and pregnant people
of all gender identities. This article surveys this history and presents policy
solutions to improve maternal health outcomes for all, but especially
Black individuals, including proposed pieces of legislation, implicit bias
training, and stricter standards for data collection