Aug 8, 2019, Vol. 61, No. 32
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PROMESA's Drafting Error in Section 314(B)(7)
Emory Bankruptcy Developments Journal Volume 35 Issue 2 The Sixteenth Annual Emory Bankruptcy Developments Journal Symposium 2019 A Fly in the Ointment: PROMESA's Drafting Error in Section 314(b)(7) Christine J. Joh Follow this and additional works at: https://scholarlycommons.law.emory.edu/ebdj Recommended Citation Christine J. Joh, A Fly in the Ointment: PROMESA's Drafting Error in Section 314(b)(7), 35 Emory Bankr. Dev. J. 645 (2019). Available at: https://scholarlycommons.law.emory.edu/ebdj/vol35/iss2/10 This Comment is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory Bankruptcy Developments Journal by an authorized editor of Emory Law Scholarly Commons. For more information, please contact [email protected]. JOHCOMMENTPROOFS_7.11.19 7/11/2019 10:07 AM A FLY IN THE OINTMENT: PROMESA’S DRAFTING ERROR IN SECTION 314(b)(7) ABSTRACT When Congress amended the Bankruptcy Code in 1984, Congress precluded Puerto Rico from seeking bankruptcy relief under chapter 9 (municipal bankruptcy). There is no satisfactory explanation for the exclusion because no legislative history exists to offer an explanation. Embroiled in a $123 billion debt crisis1 and left without a remedy, Puerto Rico enacted its own municipal bankruptcy law in 2014, in an effort to restructure some of its public debts. In Puerto Rico v. Franklin California Tax-Free Trust,2 the U.S. Supreme Court conclusively held that § 903 of the Bankruptcy Code preempts Puerto Rico’s own municipal bankruptcy law.3 Recognizing that Puerto Rico was truly left “in a no man’s land,” Congress enacted the Puerto Rico Oversight Management and Economic Stability Act (“PROMESA”) in 2016 to assist Puerto Rico in restructuring its debts. -
Cancel Culture: Posthuman Hauntologies in Digital Rhetoric and the Latent Values of Virtual Community Networks
CANCEL CULTURE: POSTHUMAN HAUNTOLOGIES IN DIGITAL RHETORIC AND THE LATENT VALUES OF VIRTUAL COMMUNITY NETWORKS By Austin Michael Hooks Heather Palmer Rik Hunter Associate Professor of English Associate Professor of English (Chair) (Committee Member) Matthew Guy Associate Professor of English (Committee Member) CANCEL CULTURE: POSTHUMAN HAUNTOLOGIES IN DIGITAL RHETORIC AND THE LATENT VALUES OF VIRTUAL COMMUNITY NETWORKS By Austin Michael Hooks A Thesis Submitted to the Faculty of the University of Tennessee at Chattanooga in Partial Fulfillment of the Requirements of the Degree of Master of English The University of Tennessee at Chattanooga Chattanooga, Tennessee August 2020 ii Copyright © 2020 By Austin Michael Hooks All Rights Reserved iii ABSTRACT This study explores how modern epideictic practices enact latent community values by analyzing modern call-out culture, a form of public shaming that aims to hold individuals responsible for perceived politically incorrect behavior via social media, and cancel culture, a boycott of such behavior and a variant of call-out culture. As a result, this thesis is mainly concerned with the capacity of words, iterated within the archive of social media, to haunt us— both culturally and informatically. Through hauntology, this study hopes to understand a modern discourse community that is bound by an epideictic framework that specializes in the deconstruction of the individual’s ethos via the constant demonization and incitement of past, current, and possible social media expressions. The primary goal of this study is to understand how these practices function within a capitalistic framework and mirror the performativity of capital by reducing affective human interactions to that of a transaction. -
Co-Opting Identity: the Manipulation of Berberism, the Frustration of Democratisation, and the Generation of Violence in Algeria Hugh Roberts DESTIN, LSE
1 crisis states programme development research centre www Working Paper no.7 CO-OPTING IDENTITY: THE MANIPULATION OF BERBERISM, THE FRUSTRATION OF DEMOCRATISATION AND THE GENERATION OF VIOLENCE IN LGERIA A Hugh Roberts Development Research Centre LSE December 2001 Copyright © Hugh Roberts, 2001 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior permission in writing of the publisher nor be issued to the public or circulated in any form other than that in which it is published. Requests for permission to reproduce any part of this Working Paper should be sent to: The Editor, Crisis States Programme, Development Research Centre, DESTIN, LSE, Houghton Street, London WC2A 2AE. Crisis States Programme Working papers series no.1 English version: Spanish version: ISSN 1740-5807 (print) ISSN 1740-5823 (print) ISSN 1740-5815 (on-line) ISSN 1740-5831 (on-line) 1 Crisis States Programme Co-opting Identity: The manipulation of Berberism, the frustration of democratisation, and the generation of violence in Algeria Hugh Roberts DESTIN, LSE Acknowledgements This working paper is a revised and extended version of a paper originally entitled ‘Much Ado about Identity: the political manipulation of Berberism and the crisis of the Algerian state, 1980-1992’ presented to a seminar on Cultural Identity and Politics organized by the Department of Political Science and the Institute for International Studies at the University of California, Berkeley, in April 1996. Subsequent versions of the paper were presented to a conference on North Africa at Binghamton University (SUNY), Binghamton, NY, under the title 'Berber politics and Berberist ideology in Algeria', in April 1998 and to a staff seminar of the Government Department at the London School of Economics, under the title ‘Co-opting identity: the political manipulation of Berberism and the frustration of democratisation in Algeria’, in February 2000. -
Letter to Non-Agreement State Governors from Chairman Meserve Re
June 6, 2002 The Honorable Tony Knowles Governor of Alaska P.O. Box 110001 Juneau, Alaska 99811 Dear Governor Knowles: I am writing on behalf of the U.S. Nuclear Regulatory Commission (NRC) to inform you of actions which the NRC intends to take to enhance physical protection measures for the transportation of large quantities of radioactive material and spent nuclear fuel. I am requesting your cooperation and assistance in carrying out these actions. The Commission has directed the NRC staff to develop immediately effective Orders that impose additional physical protection measures on shipments of large quantities of radioactive material and spent nuclear fuel for transport by highway or rail. The Commission has concluded that these enhancements are necessary in the current threat environment. The content of the Orders will be modeled on the transportation advisories that NRC issued on November 8 and revised on December 13, 2001, which were provided to you through your State Liaison Officer. The NRC is taking this action pursuant to its authority under the Atomic Energy Act of 1954, as amended, to protect the common defense and security. Because this authority has not been relinquished to Agreement States, the-NRC will be issuing the Orders to both NRC licensees and to licensees of Agreement States who possess, receive, or ship large quantities of radioactive material. Orders will be issued to licensees who have shipped large quantities of radioactive material within the last two years or who intend to ship in the near term. In addition, we will communicate with other licensees not receiving an Order informing them to contact the NRC before shipping large quantities of radioactive materials. -
Abstract Since 2016, the Commonwealth of Puerto Rico Has Experienced a Period of Political Challenges Along with a Severe Economic Austerity
Revista [IN]Genios, Vol. 7, Núm. 1, pp.1-16 (diciembre, 2020) ISSN#: 2374-2747 Universidad de Puerto Rico, Río Piedras © 2020, Copyright. Todos los derechos están reservados. ISLAND ARTSCAPE OF BANKRUPTCY: A NARRATIVE PHOTO-ESSAY OF SAN JUAN’S POLITICAL STREET ART OF RESISTANCE Medio: Fotografía Andrea D. Rivera Martínez Departamento de Psicología Facultad de Ciencias Sociales, UPR RP Recibido: 15/09/2020; Revisado: 16/11/2020; Aceptado: 29/11/2020 Abstract Since 2016, the Commonwealth of Puerto Rico has experienced a period of political challenges along with a severe economic austerity. Given the unpromising projections, voices of resistance, anger, frustration, uncertainty, and hope are becoming increasingly visible on the island’s cities’ walls and spaces. Thus, based on the current situation of fiscal crisis, this visual essay narrates and documents the continuum of interpretations and opinions regarding the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) inscribed in the urban fabric over the past five years from now. Keywords: street art, bankruptcy, fiscal crisis, austerity, Puerto Rico Resumen Desde el 2016, el Estado Libre Asociado de Puerto Rico experimenta un período de desafíos políticos junto con una severa austeridad económica. Dadas las proyecciones, las voces de resistencia, ira, frustración, incertidumbre y esperanza son cada vez más visibles en las paredes y espacios de las ciudades de la isla. Por tanto, dada la situación actual de crisis fiscal, este ensayo visual narra y documenta el continuo de interpretaciones y opiniones sobre la Ley de Supervisión, Gestión y Estabilidad Económica de Puerto Rico (PROMESA) inscritas en el tejido urbano durante los últimos cinco años. -
February 14, 2018 the Honorable Ricardo Rosselló Governor La
February 14, 2018 The Honorable Ricardo Rosselló Governor La Fortaleza P.O. Box 9020082 San Juan, PR 00902-0082 Dear Governor Rosselló, I write as president of the American Statistical Association to respectfully urge you to keep Puerto Rico’s statistical agency, El Instituto de Estadísticas de Puerto Rico (Puerto Rico Institute of Statistics, PRIS), and its board of directors fully independent. I also draw your attention to the 2,800 individuals—and still growing—who have signed a petition with this same request.1 At this critical historical juncture, Puerto Rico needs accurate, objective, and timely statistics. Government statistics empower the economy, serve the health and welfare of citizens, improve governance, and inform decisions and policies in the public and private sectors, among many other vital functions. Government statistics are also fundamental to evidence-based policymaking, the engagement of which is on a rapid rise in local, state, and federal governments. To address the challenges posed by its decade-long economic recession and the devastation of back-to-back hurricanes, Puerto Rico must chart its path toward sustainable recovery using reputable and reliable data and statistical methods. Because of their broad and profound importance, it is imperative that government statistics be produced through rigorous scientific processes and analyses performed by experts that can function without improper outside influence. Government statistics must be independent, objective, accurate, and timely and be perceived as such. It is just as important to have adequate statistics on a variety of topics. PRIS has demonstrated repeatedly it has the expertise to function independently to produce rigorous, objective, and accurate statistics for the benefit of Puerto Rico and its people. -
The Pulitzer Prizes 2020 Winne
WINNERS AND FINALISTS 1917 TO PRESENT TABLE OF CONTENTS Excerpts from the Plan of Award ..............................................................2 PULITZER PRIZES IN JOURNALISM Public Service ...........................................................................................6 Reporting ...............................................................................................24 Local Reporting .....................................................................................27 Local Reporting, Edition Time ..............................................................32 Local General or Spot News Reporting ..................................................33 General News Reporting ........................................................................36 Spot News Reporting ............................................................................38 Breaking News Reporting .....................................................................39 Local Reporting, No Edition Time .......................................................45 Local Investigative or Specialized Reporting .........................................47 Investigative Reporting ..........................................................................50 Explanatory Journalism .........................................................................61 Explanatory Reporting ...........................................................................64 Specialized Reporting .............................................................................70 -
Yo Soy Boricua”: Tapping Into the Strength of the Puerto Rican Community to Reclaim Control Over Its Political, Social, and Economic Future*
“YO SOY BORICUA”: TAPPING INTO THE STRENGTH OF THE PUERTO RICAN COMMUNITY TO RECLAIM CONTROL OVER ITS POLITICAL, SOCIAL, AND ECONOMIC FUTURE* ARTICLE EAMON J.P. RILEY,** DAVID J. YOVANOFF,*** JONATHAN J. REYES COLÓN**** Introduction – The Perfect Storm............................................................................ 973 I. Maria Reveals the Harsh Reality of Puerto Rico’s Second Class Status ................................................................................................................... 975 II. Puerto Rico’s Political Heritage ....................................................................... 976 A. The Colonial Era Under American Rule .................................................... 976 B. Creation of the Commonwealth ................................................................. 979 C. Puerto Rico on the International Political Stage ....................................... 981 III. PROMESA’s Neocolonial Tendencies .............................................................. 982 A. Key Aspects and Powers of PROMESA ....................................................... 983 B. Amending PROMESA to Protect Puerto Rico’s Municipal Power ............................................................................................................ 986 IV. Homegrown Economy for Puerto Rico: Using the Community Economic Development Model to Localize Necessary Economic Goods .................................................................................................................. 988 * This article -
Political Status of Puerto Rico: Options for Congress
Political Status of Puerto Rico: Options for Congress R. Sam Garrett Specialist in American National Government June 7, 2011 Congressional Research Service 7-5700 www.crs.gov RL32933 CRS Report for Congress Prepared for Members and Committees of Congress Political Status of Puerto Rico: Options for Congress Summary The United States acquired the islands of Puerto Rico in 1898 after the Spanish-American War. In 1950, Congress enacted legislation (P.L. 81-600) authorizing Puerto Rico to hold a constitutional convention and in 1952, the people of Puerto Rico ratified a constitution establishing a republican form of government for the island. After being approved by Congress and the President in July 1952 and thus given force under federal law (P.L. 82-447), the new constitution went into effect on July 25, 1952. Puerto Rico is subject to congressional jurisdiction under the Territorial Clause of the U.S. Constitution. Over the past century, Congress passed legislation governing Puerto Rico’s relationship with the United States. For example, residents of Puerto Rico hold U.S. citizenship, serve in the military, are subject to federal laws, and are represented in the House of Representatives by a Resident Commissioner elected to a four-year term. Although residents participate in the presidential nominating process, they do not vote in the general election. Puerto Ricans pay federal tax on income derived from sources in the mainland United States, but they pay no federal tax on income earned in Puerto Rico. The Resident Commissioner may vote in committees but is not permitted to vote in, or preside over, either the Committee of the Whole or th the House in the 112 Congress. -
JUVENILE DELINQUENTS and the CONSTRUCTION of a PUERTO RICAN SUBJECT, 1880-1938 by Suset L. Laboy Pérez BA, Y
MINOR PROBLEMS: JUVENILE DELINQUENTS AND THE CONSTRUCTION OF A PUERTO RICAN SUBJECT, 1880-1938 by Suset L. Laboy Pérez B.A., Yale University, 2002 M.A., University of Wisconsin, 2006 Submitted to the Graduate Faculty of the Kenneth P. Dietrich School of Arts and Sciences in partial fulfillment of the requirements for the degree of Doctor of Philosophy University of Pittsburgh 2014 UNIVERSITY OF PITTSBURGH KENNETH P. DIETRICH SCHOOL OF ARTS AND SCIENCES This dissertation was presented by Suset L. Laboy Pérez It was defended on Friday, January 24, 2014 and approved by Dr. Seymour Drescher, Professor, Department of History Dr. Lara Putnam, Professor, Department of History Dr. Harry Sanabria, Professor, Department of Anthropology Dissertation Advisor: Dr. Alejandro de la Fuente, Professor, Department of History ii Copyright © by Suset L. Laboy Pérez 2014 iii MINOR PROBLEMS: JUVENILE DELINQUENTS AND THE CONSTRUCTION OF A PUERTO RICAN SUBJECT, FROM 1880-1938 Suset Laboy Pérez, PhD University of Pittsburgh, 2014 This dissertation focuses on the creation of a juvenile delinquent subject in Puerto Rico, studying why concerns about children and youth transgressions emerged and evolved in the island after the mid 19th century. Furthermore, it analyzes the creation and evolution of new state institutions to prosecute, contain, and reform delinquent youth between 1880 and 1938. It also traces the experiences of the children and the families targeted by these institutions. The dissertation answers the following questions: 1) How was juvenile delinquency -
July 11, 2019, Vol. 61, No. 28
Elecciones en Guatemala 12 Manifestación de emergencia 12 Workers and oppressed peoples of the world unite! workers.org Vol. 61 No. 28 July 11, 2019 $1 Acts of solidarity with migrants grow By Mirinda Crissman permanent protections for all undocu- Houston mented immigrants. This act of solidarity in New Jersey resulted in 37 protesters The United States government is wag- arrested in support of those oppressed at ing a white-supremacist, imperialist, neo- the border. colonial war on multiple fronts. While Other expressions of solidarity have this war on oppressed people rages on, come from workers and folks abroad. people across the country and the world Wayfair workers walked out of the job on are taking a stand against state violence. June 26 in Boston to protest their CEO’s Violence abroad can take many forms like refusal to stop furnishing detention cen- resource extraction, economic sanctions ters with Wayfair products. and regime change. An Arizona teacher, Scott Warren, is These forms, including intensifying cli- facing 10 years in jail if convicted of two mate catastrophe, are forcing folks to flee felonies for the so-called crime of leaving their homelands from all over the planet jugs of water and providing shelter for and move toward increasingly militarized migrants in the desert. borders. Migration has been happening On June 29, a German ship captain, on this continent for thousands of years Carola Rackete, after docking in the before it was colonized. Italian island port of Lampedusa, was Militarized borders are an affront arrested for rescuing over two dozen to humanity. -
DEEN FREELON CHARLTON D. MCILWAIN MEREDITH D. CLARK About the Authors: Deen Freelon Is an Assistant Professor of Communication at American University
BEYOND THE HASHTAGS DEEN FREELON CHARLTON D. MCILWAIN MEREDITH D. CLARK About the authors: Deen Freelon is an assistant professor of communication at American University. Charlton D. McIlwain is an associate professor of media, culture and communi- cation and Associate Dean for Faculty Development and Diversity at New York University. Meredith D. Clark is an assistant professor of digital and print news at the University of North Texas. Please send any questions or comments about this report to Deen Freelon at [email protected]. About the Center For Media & Social Impact: The Center for Media & Social Impact at American University’s School of Communication, based in Washington, D.C., is an innovation lab and research center that creates, studies, and showcases media for social impact. Fo- cusing on independent, documentary, entertainment and public media, the Center bridges boundaries between scholars, producers and communication practitioners across media production, media impact, public policy, and audience engagement. The Center produces resources for the field and academic research; convenes conferences and events; and works collaboratively to understand and design media that matters. www.cmsimpact.org Internal photos: Philip Montgomery Graphic design and layout: openbox9 The authors gratefully acknowledge funding support from the Spencer Foundation, without which this project would not have been possible. We also thank Ryan Blocher, Frank Franco, Cate Jackson, and Sedale McCall for transcribing participant interviews; David Proper and Kate Sheppard for copyediting; and Mitra Arthur, Caty Borum Chattoo, Brigid Maher, and Vincent Terlizzi for assisting with the report’s web presence and PR. The views expressed in this report are the authors’ alone and are not necessarily shared by the Spencer Foundation or the Center for Media and Social Impact.