Sovereignty and Intervention in the Middle East: From the Fall of the Ottoman Empire to the Arab Spring

This research provides an institutional explanation of the practices of external intervention in the Arab state system from the fall of the Ottoman Empire in 1922 to the Arab Spring. My explanation consists of two institutional variables: sovereignty and inter-state borders. I examine the changes in regional and international norms of sovereignty and their impact on the practices of external intervention in the Arab state system. I also examine the impact of the level of institutionalization of inter-state borders in the Arab World on the practices of external intervention. I argue that changes in regional and international norms of sovereignty and changes in the level of institutionalization of inter-state borders have constituted the significant variation over time in both the frequency and type of external intervention in the Arab state system from 1922 to the present. My institutional explanation and findings seriously challenge the traditional accounts of sovereignty and intervention in the Arab World, including the cultural perspectives that emphasize the conflict between sovereignty, Arabism, and Islam, the constructivist accounts that emphasize the regional norm of pan-Arabism, the comparative politics explanations that focus on the domestic material power of the Arab state, the post-colonial perspectives that emphasize the artificiality of the Arab state, and the realist accounts that focus on great powers and the regional distribution of power in the Middle East. This research also contributes to International Relations Theory. I construct a new analytical framework to study the relations between sovereignty, borders, and intervention, combining theoretical elements from the fields of Role Theory, Social Constructivism, and Institutionalization. Methodologically, this research includes both quantitative and qualitative analysis. I conduct content analysis of official documents of Arab states and the Arab League, Arabic press documents, and Arab political thought. I also utilize quantitative data sets on international intervention.

Immigration Law by Proxy: The Case of Colorado’s Human Smuggling Crime

Despite the federal government’s well known expansive reach in creating and enforcing immigration law, the states retain substantial authority to play an important role in migrants’ lives. Through their traditional powers to adopt criminal statutes and police their communities, states can indirectly — but intentionally — inject themselves into the incidents of ordinary life as a migrant. Colorado’s human smuggling statute, currently being challenged before the state supreme court, illustrates this type of state regulation of migration. This essay addresses the statute’s reach, its shaky constitutional footing, and places it in a broader context in which states criminalize immigration-related activity.

Transmission and Transport of Energy in the Western U.S. and Canada: A Law and Policy Road Map

This collection of short essays arose from the inaugural meeting of the Idaho Symposium on Energy in the West, which was held in November, 2014. The topic for this first Symposium was Transmission and Transport of Energy in the Western U.S. and Canada: A Law and Policy Road Map. The essays in this collection provide a notable introduction to the major energy issues facing the West today. Topics include: building a resilient legal architecture for western energy production; natural gas flaring; transmission planning for wind energy; utilities and rooftop solar; special considerations for western states and the Clean Power Plan; the Clean Power Plan's implications for the western grid; siting renewable energy on public lands; and implications of utility reform in New York and Hawaii for the Northwest.

The Future Direction of Delaware Law (Including a Brief Exegesis on Fee Shifting Bylaws)

Delaware sets the governance standards for most public companies. The ability to attract corporations could not be explained solely by the existence of a favorable statutory regime. Delaware was not invariably the first or the only state to implement management friendly provisions. Given the interpretive gaps in the statute and the critical importance of the common law in the governance process, courts played an outsized role in setting legal standards. The management friendly nature of the Delaware courts contributed significantly to the state’s attraction to public corporations. A current example of a management friendly trend in the case law had seen the recent decisions setting out the board’s authority to adopt bylaws under Section 109 of the Delaware General Corporation Law (DGCL), particularly those involving the shifting of fees in litigation against the corporation or its directors. The DGCL allows bylaws that address “the business of the corporation, the conduct of its affairs, and its rights or powers or the rights or powers of its stockholders, directors, officers or employees.” The broad parameters are, however, subject to limits. Bylaws cannot be inconsistent with the certificate of incorporation or “the law.” Law includes the common law. The Delaware courts have used the limitations imposed by “the law” to severely restrict the reach of shareholder inspired bylaws. The courts have not used the same principles to impose similar restraints on bylaws adopted by the board of directors. This can be seen with respect to bylaws that restrict or even eliminate the right of shareholders to bring actions against management and the corporation. In ATP Tour, Inc. v. Deutscher Tennis Bund the court approved a fee shifting bylaw that had littl relationship to the internal affairs of the corporation. The decision upheld the bylaw as facially valid.The decision ignored a number of obvious legal infirmities. Among other things, the decision did not adequately address the requirement in Section 109(b) that bylaws be consistent with “the law.” The decision obliquely acknowledged that the provisions would “by their nature, deter litigation” but otherwise made no effort to assess the impact of this deterrence on shareholders causes of action. The provision in fact had the practical effect of restricting, if not eliminating, litigation rights granted by the DGCL and the common law. Perhaps most significantly, however, the bylaws significantly limited common law rights of shareholders to bring actions against the corporation and the board. Given the high dismissal rates for these actions, fee shifting bylaws imposed a meaningful risk of liability on plaintiffs. Moreover, because judgments in derivative suits were paid to the corporation, shareholders serving as plaintiffs confronted the risk of liability without any offsetting direct benefit. By preventing suits in this area, the bylaw effectively insulated the behavior of boards from legal challenge. The ATP decision was poorly reasoned and overstepped acceptable boundaries. The management friendly decision threatened the preeminent role of Delaware in the development of corporate law. The decision raised the specter of federal intervention and the potential for meaningful competition from the states. Because the opinion examined the bylaw in the context of non-stock companies, the reasoning may remain applicable only to those entities and never make the leap to for-profit stock corporations. Nonetheless, the analysis reflects a management friendly approach that does not adequately take into account the impact of the provision on the rights of shareholders.

Illuminating faith : the Bute Book of Hours

"The Bute Book of Hours, an English manuscript dating to c. 1500 in The Berger Collection at the Denver Art Museum, has received cursory attention from scholars in the past. This paper is the first to conduct a comprehensive examination of the object, evaluating its style, iconography, content, religious significance, and patronage. Careful study has revealed that the Bute Book is greatly indebted to early engravings for its imagery, perhaps more than any other known manuscript. The suffrages to saints were selected based on their powers against the plague, Tudor religious preferences, and regional significance. Special attention has been given to more unusual insertions such as Sts. Armel and Ninian, and Henry VI. The Bute Book of Hours was created for a wealthy Englishman, most likely with Yorkshire connections, and it illustrates the tenor of a nation undergoing rapid political, social and religious changes"

Discovering a history : the school of art at the University of Denver

Discovering a History: The School of Art at the University of Denver explores the early history of art education in Denver, and the significance of visual art education at the University of Denver within that history beginning in 1865, when the first classes in art were offered, and ending in 1929 when the University acquired the Chappell School of Art—an independent art school—and appointed Vance Kirkland as director. This paper also explores competing art institutions, which at times posed great hindrances to the University. Further, it illustrates how the artists who taught at the University of Denver School of Art, such as Ida De Steiguer, Preston Powers, Emma Richardson Cherry, and Henry Read, were amongst the great contributors to Denver’s burgeoning artistic culture.

Consequences of the Past: China's Rise to Superpower Status and its Impact on the United States

This paper investigates the impact of how the Chinese government will react to the West if China regains its superpower status. Using traditional research methods, this paper traced the cultural misunderstandings that initiated the confrontation with the West and the resulting humiliation China suffered for nearly 175 years by the Western powers. The findings of this paper show that China bitterly resents the treatment suffered during the Colonial period. Although certain factions in China wish to punish the West, this paper argues that the interconnected nature of the world's economy will force China to temper its feelings and build bridges with the West as it attains superpower status.