University of Wisconsin Law School Faculty Scholarship Collection

Title

Description

The University of Wisconsin Law School Faculty Scholarship Collection is designed as a digital home for all scholarly articles and publications that the UW Law School Faculty and Staff have written.

Alternative Title

Faculty Scholarship

Items

Advanced Search

Rethinking the role of personal connections in the Russian labor market: getting a job as a law graduate in Russia

Item Type:
Journal Article
Citation:
Kathryn Hendley, Rethinking the role of personal connections in the Russian labor market: getting a job as a law graduate in Russia, Post-Soviet Affairs (Jan. 21, 2021), https://www.tandfonline.com/doi/full/10.1080/1060586X.2021.1874768.
Date:
2021-01-21
Abstract:
This article explores the entry-level legal job market based on a survey of graduating full-time Russian law students fielded in 2016. The findings contradict the prevailing assumptions about the post-Soviet labor market that connections trump experience. They show that law-graduate respondents placed little value on the contacts of friends and family. Regression analysis confirms that personal self-confidence and experience are much stronger predictors of success on the job market.
Targets of Opportunity? The History, Law and Practice of Affirmative Action in University Faculty Hiring

Item Type:
Journal Article
Citation:
Jason Webb Yackee, Targets of Opportunity? The History, Law and Practice of Affirmative Action in University Faculty Hiring, 2020 Wis. L. Rev. 1199 (2020).
Date:
2020
Abstract:
Can universities legally employ race- and sex-based preferences in faculty hiring? This Article explores the history, law, and practice of faculty-related affirmative action, tracing its origins back to several largely forgotten legal challenges brought in the early 1970s concerning universities’ blatant discrimination against women. Since that time, universities have developed hiring schemes that are typically hidden from public view and steer certain minority and female faculty candidates into special hiring processes. These special processes, called “Target of Opportunity Programs” (TOPs), create faculty positions for which candidates are identified on the basis of race and sex and for which candidates from non-preferred demographics cannot apply. The legality of TOP searches is rarely discussed openly on campus. While some have suggested that the Supreme Court’s diversity rationale in the admissions context permits preference-based faculty hiring, this Article shows that the diversity rationale translates poorly to the context of faculty hiring. Moreover, faculty hiring, unlike admissions, is regulated by a complex system of anti-discrimination norms in state law, federal employment law, and administrative regulations that appear to tightly constrain permissible employment-related affirmative action. This Article concludes that race- and sex-based preferences for faculty hiring are problematic; they are difficult to justify under the standard diversity rationale, and they seem to violate employment law and an Executive Order governing government contractors by creating the functional equivalent of race- and sex-based set asides.
International Investment Law and Regulatory Governance

Item Type:
Book Section
Citation:
Jason Yackee, International Investment Law and Regulatory Governance, in Comparative Law and Regulation: Understanding the Global Regulatory Process 480 (Francesca Bignami & David Zaring, eds., 2016).
Date:
2016
The Regulatory State in East Asia

Item Type:
Book Section
Citation:
John Ohnesorge, The Regulatory State in East Asia, in Comparative Law and Regulation: Understanding the Global Regulatory Process 92 (Francesca Bignami & David Zaring, eds., 2016).
Date:
2016
Debating the Extent of Party/State Control Over Overseas Nonprofit Organisations: Charity Law Debates in China

Item Type:
Book Section
Citation:
Mark Sidel, Debating the Extent of Party/State Control Over Overseas Nonprofit Organisations: Charity Law Debates in China, in Debates in Charity Law 37 (John Picton & Jennifer Sigafoos, eds., 2020).
Date:
2020
Election Law in a Nutshell

Item Type:
Book
Citation:
Daniel P. Tokaji, Election Law in a Nutshell (2013).
Date:
2013
Election Law in A Nutshell, 2nd Edition

Item Type:
Book
Citation:
Daniel P. Tokaji, Election Law in a Nutshell (2d ed. 2017).
Date:
2017
From Registration to Recounts: The Election Ecosystems of Five Midwestern States

Item Type:
Book
Citation:
Daniel P. Tokaji, Steven F. Huefner & Edward B. Foley, From Registration to Recounts (2007).
Date:
2007
The Coyotes of Carthage

Item Type:
Book
Date:
2020
Abstract:
Dre Ross has one more shot. Despite being a successful political consultant, his aggressive tactics have put him on thin ice with his boss, Mrs. Fitz, who plucked him from juvenile incarceration and mentored his career. She exiles him to the backwoods of South Carolina with $250,000 of dark money to introduce a ballot initiative on behalf of a mining company. The goal: to manipulate the locals into voting to sell their pristine public land to the highest bidder. Dre arrives in God-fearing, flag-waving Carthage County, with only Mrs. Fitz’s well-meaning yet naïve grandson Brendan as his team. Dre, an African-American outsider, can’t be the one to collect the signatures needed to get on the ballot. So he hires a blue-collar couple, Tyler Lee and his pious wife, Chalene, to act as the initiative’s public face. Under Dre’s cynical direction, a land grab is disguised as a righteous fight for faith and liberty. As lines are crossed and lives ruined, Dre’s increasingly cutthroat campaign threatens the very soul of Carthage County and perhaps the last remnants of his own humanity. A piercing portrait of our fragile democracy and one man’s unraveling, The Coyotes of Carthage paints a disturbingly real portrait of the American experiment in action.

This political thriller is the debut novel of UW Law Professor Steven Wright and is a work of fiction.
Competing for Votes

Item Type:
Journal Article
Citation:
Yaron Nili & Kobi Kastiel, Competing for Votes, 10 Harv. Bus. L. Rev. 287 (2020).
Date:
2020
Abstract:
Shareholder voting matters. It can directly shape a corporation's governance, operational and social policies. But voting by shareholders serves another important function-it produces a marketplace for votes where management and dissidents compete for the votes of the shareholder base. The competition over shareholder votes generates ex ante incentives for management to perform better, to disclose information to shareholders in advance, and to engage with large institutional investors. Traditional corporate law has looked to a variety of "market forces" as a means of curbing the agency costs of public corporations. Yet, for various reasons, these market forces are, at best, an incomplete answer to the agency costs associated with public corporations. This Article is the first to develop a theory of a new force that may have a better chance at curbing managerial entrenchment-the competition for votes. In a world where shareholder voting is becoming increasingly powerful, and where highly incentivized and sophisticated players, such as hedge funds, aggressively court the support offellow shareholders, the importance of active competition for votes cannot be understated. The Article empirically depicts the emergence of a vibrant competition for votes, outlines its major building blocks, and explains how to further facilitate its operation. The policy implications of our analysis are wide-ranging, casting new light on several hotly contested governance debates such as the legitimacy of dual-class shares, shareholder activism, the role of passive investors, and the role of proxy advisors.
Shadow Governance

Item Type:
Journal Article
Citation:
Yaron Nili & Cathy Hwang, Shadow Governance, 108 Calif. L. Rev. 1097 (2020).
Date:
2020
Abstract:
Corporations have something to say about some of the most important social and economic issues of our time-and one way they say it is through shadow governance. This Article spotlights a group of influential corporate policies comprising what we call "shadow governance." These non-charter, non-bylaw governance documents express a corporation's commitment to and process on issues as wide-ranging as campaign finance, environmental sustainability, and sexual harassment, but are largely overlooked by scholars and practitioners alike. This Article addresses that gap, revealing how shadow governance documents influence corporate decision-making and corporate behavior. This Article makes two contributions to the literature. First, it presents a descriptive account of the scope of shadow governance in the modern U.S. corporation. It analyzes a hand-collected dataset of shadow governance documents from companies listed in the Standard & Poor's 1500 (S&P 1500) to show the array of and variation in shadow governance documents. Second, this Article uses original interviews with directors and general counsels to show how shadow governance documents influence corporate decision-making. Among other things, these documents set the board's annual agenda, define the metes and bounds of boards' and committees'responsibilities, and memorialize the corporation's values. These are all exceptionally important corporate functions that are relegated to shadow governance documents, where shareholders and other corporate outsiders have little ability to effect change. This Article's exploration of shadow governance documents is both theoretically and practically important. Shadow governance documents are not just poorly understood they are also largely overlooked by scholars and practitioners. This Article's account has the potential to open a new field for scholarly research and to provide new strategies for those who wish to influence corporate behavior.
Continuity or Change? The Role of Gender in Career Preferences for Young Russian Lawyers

Item Type:
Journal Article
Citation:
Kathryn Hendley, Continuity or Change? The Role of Gender in Career Preferences for Young Russian Lawyers, 37 Wis. Int'l L.J. 249 (2020).
Date:
2020
Legal Education Failures, Spontaneous Bypasses, and the Reproduction of Hierarchy in Brazil: Some Preliminary Thoughts

Item Type:
Journal Article
Citation:
David M. Trubek & Camila Alves, Legal Education Failures, Spontaneous Bypasses, and the Reproduction of Hierarchy in Brazil: Some Preliminary Thoughts, 6 J. Inst'l. Stud. 754 (2020).
Date:
2020
The Emerging Legal Architecture for Social Justice,

Item Type:
Journal Article
Citation:
Louise G. Trubek & Luz Herrera, The Emerging Legal Architecture for Social Justice, 44 N.Y.U. Rev. L. & Soc. Change 355 (2020).
Date:
2020
Abstract:
Lawyers advocating for social change are now front and center in newspapers and social media. This Article discusses how a new breed of progressive lawyers envision social justice law practice today. These lawyers, who we refer to as 'critical lawyers,' are diverse in background, gender, ethnicity and race. They see law as a complex, contradictory tool rather than a necessary and sufficient route to justice. Their practices differ from the traditional nonprofit public interest firms of the earlier generation that assumed that making law and lawyers accessible would lead to justice. To highlight the differences, the Article discusses the law practices of Beyond Legal Aid, Law for Black Lives, and TIME's UP. Beyond Legal Aid is redesigning legal services to produce community partnerships. Law for Black Lives provides legal services to ensure greater equity in criminal procedures. TIME's UP is radically revising how women respond to sexual harassment at the workplace. These practices seek to democratize the use of law to advance social justice by developing community and client collaborations. They rely on revenue from many sources including client fees, small donations through on-line platforms, and volunteer expertise. They seek to develop structures that can provide sustainability, flexibility, and growth including nodes and networks models that allow linkages across varied practice sites. This new architecture requires support from a variety of sources, including law schools and peer support groups- all of which enable the sharing of ideas and innovations.
Civil Society and COVID in China: Responses in an Authoritarian Society

Item Type:
Journal Article
Citation:
Mark Sidel & Ming Hu, Civil Society and COVID in China: Responses in an Authoritarian Society, Nonprofit & Voluntary Sector Q. (Oct. 21, 2020), https://doi.org/10.1177/0899764020964596.
Date:
2020-10-21
Abstract:
Can civil society play a useful role in response to a pandemic like COVID-19 in a one-party state? We explore that issue based on the role of civil society and philanthropy in responding to COVID in China, where a large and innovative—and restricted— civil society and philanthropy sector has developed. Our preliminary findings are that while restrictive policies toward civil society significantly limit the role that civil society organizations and philanthropy can have in response to the pandemic, civil society still shows strength and vitality in emergency service, funding, volunteering, mutual aid, in-kind donations, and even policy advocacy. While the prospects for civil society in China are uncertain because of political restrictions before and during the COVID crisis, civil society continues to build capacity and show its capabilities to Chinese citizens and its governance institutions.
Civil Justice for All

Item Type:
Report
Citation:
Tonya L. Brito et al., Am. Acad. Arts & Sci., Civil Justice for All (2020).
Date:
2020
Introduction to the Symposium on the American Convention on Human Rights and Its New Interlocutors

Item Type:
Journal Article
Citation:
Jorge Contesse & Alexandra Huneeus 113 AJIL Unbound 351 (2019).
Date:
2019
Introduction to the Symposium on Non-State Actors and New Technologies in Atrocity Prevention

Item Type:
Journal Article
Citation:
Larissa van den Herik & Alexandra Huneeus 113 AJIL Unbound 247 (2019).
Date:
2019
Who's Afraid of the Big Bad (Germline Editing) Wolf?

Item Type:
Journal Article
Citation:
R. Alta Charo, Who's Afraid of the Big Bad (Germline Editing) Wolf?, 63 Persp. Biology & Med. 93 (2020).
Date:
2020
Abstract:
Germline genome editing has garnered dire predictions about its societal effects, but experience with other reproductive technologies should caution us about making extravagant claims. Amniocentesis was predicted to result in increased stigmatization of people born with Down syndrome, but in fact people with these conditions have been increasingly integrated into schools and workplaces. Artificial insemination by donor was predicted to result in women choosing to “optimize” their children, but in fact most women eschewed the offerings of the so-called “genius sperm bank,” and when choosing among donors, have tended to look for those who most resemble their husbands and partners. IVF was predicted to cause parents to view children as commodities, but no such change has been evidenced. Preimplantation genetic diagnosis was predicted to become widespread and used for an ever-increasing range of conditions, including those unrelated to serious disease or shortened life span, but this has not happened either. Critics of germline genome editing have argued that even if it were safe and effective, it would inevitably be abused by prospective parents who wish to improve upon what is already predicted to be a healthy outcome, and that this practice would become sufficiently widespread among those able to afford it that we would be creating a new genetic caste system. Before developing policy around such predictions, it is important to learn from the past.
Rogues and Regulation of Germline Editing

Item Type:
Journal Article
Citation:
R. Alta Charo, Rogues and Regulation of Germline Editing, 380 New. Eng. J. Med. 976 (2019).
Date:
2019-03-07
A Professional Standard for Informed Consent for Stem Cell Therapies

Item Type:
Journal Article
Citation:
R. Alta Charo, A Professional Standard for Informed Consent for Stem Cell Therapies, 322 JAMA 1651 (2019).
Date:
2019-08-12
Human Organoids: a new dimension in cell biology

Item Type:
Journal Article
Citation:
R. Alta Charo et al., Human Organoids: a new dimension in cell biology, 30 Molecular Biology Cell 1129 (2019).
Date:
2019-05-01
Abstract:
Organoids derived from stem cells or tissues in culture can develop into structures that resemble the in vivo anatomy and physiology of intact organs. Human organoid cultures provide the potential to study human development and model disease processes with the same scrutiny and depth of analysis customary for research with nonhuman model organisms. Resembling the complexity of the actual tissue or organ, patient-derived human organoid studies may accelerate medical research, creating new opportunities for tissue engineering and regenerative medicine, generating knowledge and tools for preclinical studies, including drug development and testing. Biologists are drawn to this system as a new “model organism” to study complex disease phenotypes and genetic variability among individuals using patient-derived tissues. The American Society for Cell Biology convened a task force to report on the potential, challenges, and limitations for human organoid research. The task force suggests ways to ease the entry for new researchers into the field and how to facilitate broader use of this new model organism within the research community. This includes guidelines for reproducibility, culturing, sharing of patient materials, patient consent, training, and communication with the public.
The Incoherent Justification for Naked Restraints of Competition: What the Dental Self-Regulation Cases Tell Us about the Cavities in Antitrust Law

Item Type:
Journal Article
Citation:
Peter C. Carstensen, The Incoherent Justification for Naked Restraints of Competition: What the Dental Self-Regulation Cases Tell Us about the Cavities in Antitrust Law, 51 Loy. U. Chi. L.J. 679 (2020).
Date:
2020
Globalization, Lawyers, and Emerging Economies: The Rise, Transformation, and Significance of the New Corporate Legal Ecosystem in India, Brazil, and China

Item Type:
Journal Article
Citation:
David M. Trubek et al., Globalization, Lawyers, and Emerging Economies: The Rise, Transformation, and Significance of the New Corporate Legal Ecosystem in India, Brazil, and China, 61 Harv. Itn'l L.J. 281 (2020).
Date:
2020
Abstract:
Beginning in the 1990s, India, Brazil, and China have each developed a distinct corporate legal “ecosystem,” comprised of new (or newly repurposed) domestic corporate law firms, foreign law firms competing (on the ground or virtually) to serve both foreign and domestic clients, general counsel offices of both domestic and multinational companies, and law schools either designed or retooled to supply lawyers qualified to practice corporate law. In this Article, we utilize data from an unprecedented set of empirical studies to document the rise of this new corporate ecosystem in these three important emerging economies, and to develop grounded theory about the forces that have produced this transformation and that help to explain differences among the ecosystems that have developed in each jurisdiction. Specifically, we argue that differences in what we call the “micro-level gearing” in the relative importance of the three key elements in the corporate legal ecosystems that have developed in India, Brazil, and China—law firms, clients, and legal education—can be explained, in part, by differences in what we will call the “macro-level gearing” in the relative power of the state, the market, and the bar—both between all three countries and the United States, and among the three jurisdictions. This difference has been most pronounced in China, where the dominance of the “state gear” in shaping the corporate legal market contrasts sharply with both the U.S. “market” driven model, and the influence of the “bar” in shaping the micro-level corporate ecosystems in India and Brazil. We conclude by offering some tentative thoughts about the implications of our findings for a rapidly globalizing corporate legal services market in which a growing number of states are beginning to exert greater control at the macro-level.
Hail to the Chief

Item Type:
Journal Article
Citation:
Kristin Linsley Myles , Michelle Friedland , Aimee Feinberg, Miriam Seifter & Michael Mongan, Hail to the Chief, 48 TENN. B.J. 12 (2012).
Date:
2012

Collection Search