Bringing Candor to Charitable Solicitations

The American public donates a staggering amount of money to nonprofit charities. These charities routinely solicit and receive money from donors for specific, earmarked purposes. Often, however, charities ignore their obligations to use money for these designated uses. In many circumstances, even a seemingly benign redirection of earmarked gifts for other charitable purposes could constitute fraud and misrepresentation. Breaking the implicit or explicit promise to use money in a designated manner harms donors, charities, and the public. Prospective donors assess the value of charitable donations in a manner similar to the way they value consumer goods and services and can be swayed by false claims. Accordingly, allowing distortions of perceived value misleads donors when they are directing their charity. In light of detailed examinations of charitable-organization spending practices, this Article will propose that charities should adhere to a new, higher level of candor in their public communications. Maintaining a renewed, scrupulous approach to disclosure would, in Chief Justice John Marshall’s parlance in Trustees of Dartmouth College v. Woodward, ensure “that the charity will flow . . . in the channel” that the donors expressly choose

Music is the Noise of Remembering Tracing the Origins, Influences, and Connectivities of West African Music

The popularity and universal reach of music genres such as Jazz and Hip Hop attest to the idea that these forms have been long established as a vital part of global musical culture. For people who are familiar with Afrocentric music, it is clear that styles such as Jazz and Hip Hop are rooted in, and inextricably linked with, African culture and history. What is more difficult to make sense of, however, is how and why transplanted African culture came to have such wide reaching impact in the new contexts in which it was taken up – because the stories behind the history are long and fragmented. This project serves to add a voice to the conversation by offering a unique perspective that comes from the musical experiences I have had at Lawrence University and while studying abroad in Ghana and Cuba. By drawing on these specific experiences, and relevant scholarship in this field, this project aims to describe how West African music has impacted sacred and secular music in South America, catalyzing a rich and complex cultural exchange between Cuba, Brazil and the United States. In addition to the research completed for this paper, a live performance has been orchestrated in order to highlight the connections between musical styles from these cultures and demonstrate how influences are exchanged

Theoretical and experimental study of generation mechanisms for laser ultrasound in woven graphite /epoxy composites with translaminar stitching

The aerospace industry is beginning to use advanced composite materials for primary load bearing structures and their failure mechanisms must be better understood to predict their behavior in service. The Combined Loads Tests (COLTS) facility is being constructed at the NASA Langley Research Center to characterize these failure mechanisms. Laser based ultrasonic NDE can monitor the samples during dynamic loading without interfering with the structural tests. However, the constraints of implementing laser ultrasound in a structures laboratory reduces the efficiency of the technique. The system has to be eye-safe because many people will be present during the structural tests. Consequently, laser light has to be delivered through fiber optics and a significant amount of light is lost. Also, the nature of the composite materials makes laser ultrasonic inspection difficult. The composites of interest are formed from woven layers that are stitched through the laminate thickness and bound in a resin matrix. These materials attenuate ultrasound strongly and exhibit a high degree of scattering.;Generation mechanisms in laser based ultrasound must be better understood to improve generation efficiency and consequently improve the signal-to-noise ratio. Although some experimental and theoretical studies have been conducted to characterize generation mechanisms, more extensive work is needed for composite materials. Specifically, we are concerned with generation mechanisms in thick, stitched composite structures. We describe a theoretical and experimental investigation of laser generated ultrasound in complex composite materials. We first develop a mathematical model describing the thermoelastic generation of ultrasound in a general anisotropic material. We then present a wide range of experimental data investigating the effects of laser and material parameters on the generated ultrasound. We specifically consider the relationship between laser pulse width, laser wavelength, and material composition. Finally, we compare this data to our mathematical model

Do We Need Help Using Yelp? Regulating Advertising on Mediated Reputation Systems

Yelp, Angie’s List, Avvo, and similar entities enable consumers to access an incredibly useful trove of information about peer experiences with businesses and their goods and services. These “mediated reputation systems,” gatherers and disseminators of consumer peer opinions, are more trusted by consumers than traditional commercial channels. They are omnipresent, carried everywhere on mobile devices, and used by consumers ready to transact. Though this information is valuable, a troubling conflict emerges in its presentation. Most of these reputation platforms rely heavily on advertising sales to support their business models. This reliance compels these entities to display persuasive advertising right along with their presentation of authentic peer information. Consumers expecting to access this authentic peer information must also confront a persuasive message. The revenue lifeblood for these platforms comes from the very businesses under peer review. This Article argues that the power of peer information provides an exceptionally credible context for persuasive advertising. Accordingly, advertising on reputation platforms should trigger more rigorous regulation in the form of disclosure requirements and prioritized enforcement

Explaining Bait-and-Switch Regulation

“Bait and switch” can describe a range of commercial behaviors common in the everyday marketplace, but virtually ignored in the academic literature. The traditional definition of unlawful bait and switch applies to insincere offers to sell one item in order to induce the buyer to purchase another. Certain sellers have historically employed bait-and-switch tactics, including urban retailers, aluminum siding companies, and supermarkets. Colloquially, this definition can also cover lawful or other borderline sales tactics, including the use of teaser rates or low introductory pricing, or even “free offers.” Even common lawful tactics, like the deliberate routing of customers past other retail displays on their way to purchase high-volume or featured items, may involve “bait” to induce other purchases. Why are some of these behaviors lawful and others unlawful? In this Article, I examine several different flavors of bait-and-switch tactics, exploring the underlying behaviors behind the tactics and the welfare implications of regulating them. Looking to the literature on commercial custom and norms, I find a pattern showing that bait-and-switch practices that align with custom and norms tend to be lawful, and those that do not tend to be unlawful. Welfare advancement seemingly plays a distant secondary role in explaining bait-and-switch regulation. My finding should compel regulators to consider whether the goal of elevating the market atmosphere by banning offensive behavior should trump welfare concerns. Further, my conclusion can also help advocates shape more effective arguments for adjusting trade practice regulation

Do We Need a Bar Exam . . . For Experienced Lawyers?

The fierce determination to require a bar exam during the COVID-19 pandemic left quite an impression on new lawyers entering the profession. State bars and state supreme courts made their position clear: the bar exam provides a screening function necessary to safeguard the public. Many disagreed. Even a cursory look at attorney discipline reveals that the lawyers who get into disciplinary trouble are not mostly new lawyers. The lawyers who get into trouble tend to be more experienced lawyers, who have not had any formal or objective tests of their ability to function since their original bar exam pass. The only check on their performance is discipline after harm has been done. Regulators deem the bar exam and character and fitness as necessary tests at the entry gate to the profession. As I contend in this Article, however, evidence supports regular administration of these tests throughout lawyer careers, not just at the beginning. I challenge the profession to consider whether the entirety of the current regime for assuring lawyer competency and quality can be improved to serve the public