Gender and citizenship

She is the author of Media Messages in American Presidential Elections.     

Human securitization of water? A case study of the Indus Waters Basin

In the large and growing literature on hydropolitics, insecurity generated through water-related conflicts is most often conceptualized under a model of economic resource scarcity. Conflict is generally reduced to the question of who has water, who needs water and thus what cost, in economic, political or military terms, is appropriate to acquiring access to water. This article argues that while such analyses effectively chart the central resource-strategic relations involved in the geopolitics of water, they nonetheless disregard the deeper biological and cultural (that is social, ethnic, religious) significance of water in any water conflict. Such analyses, it claims, are too strongly linked to the traditional (as opposed to human) security discourse and therefore run the risk of misdiagnosing the complexity of the water resource challenge. To respond to this challenge the article will develop a human security ‘metrics’ for analysing water-based conflicts in human security terms. It will then compare an analysis of the Indus Waters Treaty based upon the human security approach with an analysis based on a ‘traditional’ security assessment of the treaty in order to assess the viability of the two approaches. Finally, the article will link the comparative assessments back to the water wars literature, drawing conclusions about its strengths and weaknesses and the possibility of a synthesis of traditional and human security in the analysis of water conflict.     

Drug liability litigation: toward better dental care

Seattle attorney Ann Pearl Owen reviews the proliferation of litigation involving dental anesthesia and drug liability, ties it to trends in dentistry and pharmaceutical manufacturing, and finds a positive role for trial lawyers.     

Regulatory Categorization and Arbitrage: How Daily Fantasy Sports Companies Navigated Regulatory Categories Before and After Legalized Gambling

This article uses the context of daily fantasy sports (DFS) to analyze how companies use strategic categorization in regulatory arbitrage. Recent actions by two leaders in the DFS industry, DraftKings and FanDuel, provide an ideal context to study this issue. DraftKings and FanDuel categorized themselves differently to different audiences at different times in a manner that evaded categorization as an illegal gambling activity, only to then dominate the sports betting market after the Supreme Court's decision in Murphy v. NCAA. We examine how this type of strategic categorization, which we call “fluid categorization,” raises important questions for regulators and others concerned with regulatory arbitrage. We also explore how fluid categorization provides lessons for other businesses. While this article has broad implications for the sports gambling marketplace, it also contributes to meaningful discourse for the broader business community, as its findings are relevant to industries beyond DFS that offer gray market products and seek to fight categorical labels until there is a reclassification event.     

Disclosure in insurance law: a comparative analysis

Disclosure or non-disclosure is one of the key issues in insurance contract. This paper compares laws on remedy for no-disclosures in European and other major jurisdictions. It concludes there are generally two different approaches on remedy for non-disclosure—(1) the strict disproportionate approach; and (2) the proportionate approach. The paper introduces an asymmetric information model to elaborate on the ongoing debates over the various normative issues of fairness with respect to the two different approaches. It confirms that the proportionate approach serves better the goal of fairness, in particular for the insured who acts honestly but carelessly provides bad information to the insurer. The model provides a statistical tool for a correct range of remedy on non-disclosure.