A Reexamination of the Distinction Between Loss-Allocating and Conduct-Regulating Rules

In this paper, I disagree with the premise that all tort rules can be meaningfully classified as either compensatory or deterrent. I argue that most tort rules are both and that the compensation and deterrence goals ascribed to the tort system cannot be separated.” I then explore the impact on the Louisiana tort choice of law code of this alternative understanding of tort law. My analysis begins with the proposition that all tort rules are loss-allocating. A liability rule shifts the loss from the injured victim to the tortfeasor; conversely a rule of no liability means that the loss, no matter how real, will be borne by the victim. All tort rules determine who will bear a loss and thus all are loss-allocating. In addition to all tort rules being loss-allocating, I believe that most affect conduct. The reason is directly tied to loss-allocation. Loss-allocation creates incentives for those who must bear the loss to behave differently than they would if they did not bear the loss. To the extent people respond to incentives, tort rules will affect conduct II As I note later in the paper, these effects on conduct may not always be intended by the lawmaker, and in particular situations, the conduct effect of two different rules may be quite small. Nonetheless, I believe there are few situations in which one can conclude that a tort rule is inherently loss-allocating but not conduct-regulating

Aliens, the Internet, and Purposeful Availment : A Reassessment of Fifth Amendment Limits on Personal Jurisdiction

This Article first considers the Fourteenth Amendment cases and argues that the constitutional limits on the jurisdictional authority of state courts reflect a view about the limits of state authority. It then turns to the Fifth Amendment and, after considering the practices of other nations and lessons from prescriptive jurisdiction, argues that the United States\u27s sovereign authority should allow it to assert personal jurisdiction solely on the basis of effects in the United States, without a requirement of purposeful availment. It further argues that concerns about reasonableness should be addressed at the subconstitutional level. This Article is built on two basic premises: that personal jurisdiction is a doctrine that concerns the allocation of sovereign authority, and that the underlying sovereignty considerations of the United States within the world community are quite different from those of the states within our confederation of states. As a result, although the Due Process Clauses of the Fifth and Fourteenth Amendments are worded the same, the limitations that those clauses impose on sovereign authority are different

DOES IT PAY TO GET AN A? SCHOOL RESOURCE ALLOCATIONS IN RESPONSE TO ACCOUNTABILITY RATINGS

This paper examines whether school districts, and individual schools, respond to ratings from the accountability system by reallocating resources across or within schools. Our empirical work follows three identification strategies, a regression discontinuity for schools on the rating boundaries, a “rating shock” analysis for schools that face a change in rating when the state changed its accountability system, and a school fixed effects strategy. We find that school districts provided incentives for their schools to achieve higher ratings under the early accountability system, but under the later system they appear to have abandoned this strategy. In addition, the rating shock results suggest that some effort was directed towards assisting lower performing schools under the new regime. Finally, we find that in the early period incremental funds were used as much for ancillary purposes as instruction.

Making a Point!

There are a great number of chipped stone artifacts in the archaeological record and the Virtual Curation Laboratory (VCL) at Virginia Commonwealth University is one place that stores and categorizes them through digital means. As an Intern with the VCL, I help add to the existing data collection of chipped stone artifacts along with the virtual curation of these artifacts. The VCL uses the NextEngine Desktop 3D scanner for digitally archiving each of the chipped stone artifacts. Besides providing a digital archive, the VCL also prints out plastic replicas of the artifacts by using a Makerbot Replicator. This digital way of archiving allows for further analysis and conservation that one might not have been able to achieve because of a lack of funds. Another benefit is that the archaeological record can be made more accessible to the public as many artifacts cannot be handled personally.https://scholarscompass.vcu.edu/uresposters/1071/thumbnail.jp

Practicing 21st Century Skills in the Classroom

[ES] In the midst of the current technological revolution, there is a thriving conversation about how society should adapt to the future of work taking place in the national media, universities, policy organizations, think tanks, consulting firms and companies. One such model for work and education under consideration is that of the role of higher education in workforce development. How well does a bachelor’s degree prepare an individual for a career in this shifting landscape of work? What is the responsibility of the university to the student – to prepare them for a career? Or to help them build the intellectual framework to build a meaningful life Incorporating the practice and development of 21st century skills into the higher education classroom does not necessarily require a great rethinking of the education model or content delivery. Rather, it could be as simple as encouraging faculty to use proven educational principles such as active learning and group-based learning into the classroom. This would allow students to practice some of the necessary skills such as communication, respect, teamwork, and problem solving into their higher education curriculum.Perdue, M. (2020). Practicing 21st Century Skills in the Classroom. En 6th International Conference on Higher Education Advances (HEAd'20). Editorial Universitat Politècnica de València. (30-05-2020):85-94. https://doi.org/10.4995/HEAd20.2020.10984OCS859430-05-202

Message Regarding Baysore Award - Call for Nominations

Email from the President\u27s office requesting nominations for the Dr. Gerald C. Baysore award to be presented at Governors State University\u27s convocation on August 26, 2016

Man Up or Go Home: Exploring Perceptions of Women in Leadership

Throughout history, women in positions of authority have often been perceived as violating well-established gender norms. Perhaps as a result, female leadership has often been viewed as a threat to male power and privilege and thus provoked resistance. Female leaders challenge longstanding sex stereotypes and patriarchal structures, subverting the identities of androcentric institutions and the people who comprise them. In so doing, they redefine notions of what it means to be a leader as well as what it means to be a woman. Cisgender male subordinates in particular may feel that their masculinity is under assault when they are placed under female supervision. This power struggle can be readily observed at the Virginia Military Institute (VMI), which enrolled women for the first time in 1997 after the United States Supreme Court declared VMI\u27s all-male admissions policy unconstitutional. To explore the impact of coeducation at VMI, I collaborated with a sociologist and psychologist to anonymously survey VMI\u27s student body. This Article relies upon the empirical data we collected to explore perceptions of women in leadership at VMI. Our findings reveal that like many female politicians, CEOs, and other women working in male-dominated spheres, female cadets at VMI are often perceived as unworthy intruders ill-suited for leadership who attain rank primarily of their sex, not their merit. The prevalence of these attitudes among VMI cadets likely exacerbates tension between the sexes at VMI and undermines institutional efforts to foster leadership, solidarity, and mutual respect