Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Law

Policy

Institution
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 443

Full-Text Articles in Entire DC Network

Parameters Autumn 2024, Usawc Press Aug 2024

Parameters Autumn 2024, Usawc Press

The US Army War College Quarterly: Parameters

Welcome to the Autumn 2024 issue of Parameters. The Autumn issue consists of a special piece from the US Army War College Commandant and Provost on their strategic vision for the college, three In Focus special commentaries, three forums (Cooperative Partnerships, Professional Development, and Historical Studies), two regular forums (A Major’s Perspective and the Civil-Military Relations Corner), and a review essay focused on strategy in India.


Us-Mexico Relations: Addressing Challenges At The Border, The Brookings Institution Aug 2024

Us-Mexico Relations: Addressing Challenges At The Border, The Brookings Institution

Brookings Mountain West Special Events

Mexico’s president-elect Claudia Sheinbaum will begin her six-year term in October as the U.S. presidential campaign enters its final stretch. How the next U.S. administration and Congress manage relations with new leadership in Mexico will affect border security, immigration policies, trade and energy relations, and counter-narcotics and anti-crime cooperation. What tools can policymakers in both countries use to advance positive outcomes? What are the opportunities and challenges that lie ahead for the United States and Mexico?

The Brookings Foreign Policy program in partnership with Brookings Mountain West at UNLV hosted a discussion on the state of U.S.-Mexico relations. Panelists analyzed …


The Hidden Struggle: Challenges Older Women Face In Nevada, Annie Vong May 2024

The Hidden Struggle: Challenges Older Women Face In Nevada, Annie Vong

Student Research

In 2020, almost one in five Nevadans was over the age of 65.[1] However, within this age group, women outnumber men due to longer life expectancies[2] and migration patterns. Women over 65 years of age make up an estimated 18.1% of the female population in Nevada.[3] Of the male population in Nevada, 15.1% are over 65 years of age.[4] Older women are less likely to be married, are less likely to have completed a bachelor’s degree, are more likely to drop out of the labor force, and are more likely to be living in poverty in …


From The Editor In Chief, Antulio J. Echevarria Ii May 2024

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

Welcome to the Summer 2024 issue of Parameters. We open this issue with a special “In Memoriam” by General Charles A. Flynn, Commander US Army Pacific, honoring the life and legacies of our director and consummate colleague, Carol V. Evans. We dedicate this issue to her. General Flynn’s memoriam is followed by an In Focus commentary on China’s Belt and Road Initiative. We then feature three forums covering the Russia-Ukraine War, the Middle East, and Professional Development. This issue also contains special essays on the role of professional writing, the US Army War College’s Civil-Military Relations Center, …


We(Ed) The People Of Cannabis, In Order To Form A More Equitable Industry: A Theory For Imagining New Social Equity Approaches To Cannabis Regulation, Garrett I. Halydier May 2024

We(Ed) The People Of Cannabis, In Order To Form A More Equitable Industry: A Theory For Imagining New Social Equity Approaches To Cannabis Regulation, Garrett I. Halydier

University of Massachusetts Law Review

States increasingly implement “social equity” programs as an element of new cannabis regulations; however, these programs routinely fail to achieve their goals and frequently exacerbate the inequities they purport to solve, leaving inequitable industries, high incarceration rates, and broken communities in their wake. This ineffectiveness is due to the industry’s fundamental confusion of the modern, individualized concept of “equity” with the historical, society-level concept of “social equity.” In this paper, I develop a new theory of “cannabis social equity” to integrate these concepts, and I apply that theory, first, to diagnose why current policies fall short and, second, to propose …


Ensnared Care: How Restrictive Healthcare Laws Impact Mothers, Mckenzie Richards Apr 2024

Ensnared Care: How Restrictive Healthcare Laws Impact Mothers, Mckenzie Richards

School of Public Policy Capstones

Do restrictive healthcare policies impact whether expectant mothers receive adequate prenatal care? Could such policies also affect access to alternative birthing options for delivery? Through a literature review and a two-way fixed effects model using panel data, this study investigates two categories of state-level restrictive healthcare policies: scope of practice laws and certificate of need laws. The literature demonstrates the detriments of scope of practice care on access to care and maternal health. However, the statistical models presented on scope of practice find no relationship between scope of practice laws and adequate prenatal care or alternative birthing options. Though the …


Book Challenges Popping Up All Over: What Do School Principals Need To Know?, Samantha Laine Hull, Sue Kimmel Jan 2024

Book Challenges Popping Up All Over: What Do School Principals Need To Know?, Samantha Laine Hull, Sue Kimmel

STEMPS Faculty Publications

This chapter provides practical advice and reasons for school leaders to support students' intellectual freedom through their support of school libraries and school librarians. The chapter begins with a short but critical literature review that includes case law on the topic of censorship in schools. The concerns of teachers and librarians from a recent study are summarized and help build the foundation for practical and ready to use advice for any school leaders to uphold the intellectual freedom of all students.


History Of Federal International Education Policy (1900-2024): A Four-Dimensional View In Action, Winda Wastu Melati Jan 2024

History Of Federal International Education Policy (1900-2024): A Four-Dimensional View In Action, Winda Wastu Melati

Graduate Theses, Dissertations, and Problem Reports

This dissertation examines the history of the evolution of United States international education policy from 1900 to 2024, employing document analysis methodology to explore key themes that have shaped its trajectory. The study utilizes Cooper et al.'s (2004) Four-Dimensional View of Policy theory (normative, structural, constituentive, and technical) to analyze the complex interplay between diplomatic objectives, economic considerations, national security concerns, immigration, internationalization of higher education, and international students in the United States. The research traces major policy shifts from early initiatives like the Boxer Indemnity Scholarship Program to post-9/11 security measures and recent administrative changes by examining primary sources …


Unavoidability In U.S. Privacy Law, Laura M. Moy Jan 2024

Unavoidability In U.S. Privacy Law, Laura M. Moy

Georgetown Law Faculty Publications and Other Works

Why is U.S. privacy law structured the way it is, with a series of sectoral laws rather than a cross-sectoral law or laws? Why does U.S. privacy law protect information shared in certain contexts—such as information shared with an attorney, a healthcare provider, or a financial provider—rather than particular types of information? One possibility is that sectoral laws apply to contexts in which people typically share highly “sensitive” information containing intimate secrets or with the potential to harm them financially or psychologically.

But this Article argues that there is something else at play—that in fact, an under-discussed and underappreciated factor …


State Oversight Of Polypharmacy And Psychotropic Medication Use Among Individuals With Intellectual And Developmental Disabilities: A Three State Case Study, James Houseworth, Kami L. Gallus, Tiffany Greene, Steven R. Erickson, Jennifer Lynn Jones, Laura Vegas Jul 2023

State Oversight Of Polypharmacy And Psychotropic Medication Use Among Individuals With Intellectual And Developmental Disabilities: A Three State Case Study, James Houseworth, Kami L. Gallus, Tiffany Greene, Steven R. Erickson, Jennifer Lynn Jones, Laura Vegas

Developmental Disabilities Network Journal

Adults with intellectual and developmental disabilities (IDD) are prescribed more medications than the general population, placing them at significantly higher risk for issues due to taking multiple medications (polypharmacy). There are currently no clear national standards for the administration of medications given this risk. The following policy analysis explores state policies related to prescription medication oversight. This analysis pays particular attention to the use of medications that alter one’s mental state (psychotropics) among people with IDD who receive home and community-based services (HCBS) in the United States. The article outlines current efforts implemented to reduce medication-related risks for people with …


An Evidence-Based Approach To Improving The Quality Of Sex Education In Ohio, Alyssa Buschur Apr 2023

An Evidence-Based Approach To Improving The Quality Of Sex Education In Ohio, Alyssa Buschur

Honors Projects

Sex education is arguably one of the most controversial subjects in the United States education system. Because education is primarily considered a state’s responsibility, it is difficult to ensure consistent material is being taught from state to state. Although comprehensive sex education has been proven to be effective, most states including Ohio, lean towards an abstinence-only approach. Ohio currently has very vague and limited sex education policies. In this paper, I will analyze sex education at the federal, state, and district levels (in Ohio) to determine the current state of affairs. I will utilize a case-study analysis of three Ohio …


Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations April 20-21, 2023, Roger Williams University School Of Law Marine Affairs Institute, The Nature Conservancy Apr 2023

Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations April 20-21, 2023, Roger Williams University School Of Law Marine Affairs Institute, The Nature Conservancy

School of Law Conferences, Lectures & Events

No abstract provided.


Adolescent Use And Co-Use Of Tobacco And Cannabis In California: The Roles Of Local Policy And Density Of Tobacco, Vape, And Cannabis Retailers Around Schools, Georgiana Bostean, Anton M. Palma, Alison A. Padon, Erik Linstead, Joni Ricks-Oddie, Jason A. Douglas, Jennifer B. Unger Apr 2023

Adolescent Use And Co-Use Of Tobacco And Cannabis In California: The Roles Of Local Policy And Density Of Tobacco, Vape, And Cannabis Retailers Around Schools, Georgiana Bostean, Anton M. Palma, Alison A. Padon, Erik Linstead, Joni Ricks-Oddie, Jason A. Douglas, Jennifer B. Unger

Sociology Faculty Articles and Research

Adolescent tobacco use (particularly vaping) and co-use of cannabis and tobacco have increased, leading some jurisdictions to implement policies intended to reduce youth access to these products; however, their impacts remain unclear. We examine associations between local policy, density of tobacco, vape, and cannabis retailers around schools, and adolescent use and co-use of tobacco/vape and cannabis.

We combined 2018 statewide California (US) data on: (a) jurisdiction-level policies related to tobacco and cannabis retail environments, (b) jurisdiction-level sociodemographic composition, (c) retailer locations (tobacco, vape, and cannabis shops), and (d) survey data on 534,176 middle and high school students (California Healthy Kids …


Fake News And The Tax Law, Kathleen Delaney Thomas, Erin Scharff Apr 2023

Fake News And The Tax Law, Kathleen Delaney Thomas, Erin Scharff

Washington and Lee Law Review

The public misunderstands many aspects of the tax system. For example, people frequently misunderstand how marginal tax rates work, misperceive their own average tax rates, and believe they benefit from tax deductions for which they are ineligible. Such confusion is understandable given the complexity of our tax laws. Unfortunately, research suggests these misconceptions shape voter preferences about tax policy which, in turn, impact the policies themselves.

That people are easily confused by taxes is nothing new. With the rise of social media platforms, however, the speed at which misinformation campaigns can now move to shape public opinion is far faster. …


The International Restitution Of Classical Antiquity: Creating Uniformity Within Museum Restitution Policy, Jacob Armentrout Apr 2023

The International Restitution Of Classical Antiquity: Creating Uniformity Within Museum Restitution Policy, Jacob Armentrout

Senior Theses and Projects

This thesis will explore the scope of the restitution debate for Greek and Italian classical antiquities and how it has evolved over the past 70 years. Chapter 1 will focus on the scholarly works of well-known figures within the restitution debate, including John Henry Merryman, James (Jim) Cuno, and Patty Gerstenblith. Their work is crucial in developing the terminology that defines the debate and also for understanding their opinions on both sides of the debate. Chapter 2 will center on claims to cultural property and restitution efforts that have been made at both the international and national level. The three …


Policy Comparison Of Lead Hunting Ammunition Bans And Voluntary Nonlead Programs For California Condors, Robin M. Rotman, John H. Schulz, Samantha Totoni, Sonja A. Wilhelm Stanis, Christine Jie Li, Mark Morgan, Damon M. Hall, Elisabeth B. Webb Mar 2023

Policy Comparison Of Lead Hunting Ammunition Bans And Voluntary Nonlead Programs For California Condors, Robin M. Rotman, John H. Schulz, Samantha Totoni, Sonja A. Wilhelm Stanis, Christine Jie Li, Mark Morgan, Damon M. Hall, Elisabeth B. Webb

Faculty Publications

The endangered California condor (Gymnogyps californianus) is negatively affected by lead poisoning from spent lead‐based hunting ammunition. Because lead poisoning is the primary mortality factor affecting condors, the California Fish and Game Commission banned lead hunting ammunition during 2008 in the southern California condor range followed by a statewide ban implemented in 2019. In contrast, the Arizona Game and Fish Department instituted an outreach and awareness program encouraging voluntary use of nonlead hunting ammunition in the northern portion of the state during 2005 and a similar program was launched in Utah during 2012. The juxtaposition of policy tools provided a …


The Rise And Fall Of Section 502b, John Ramming Chappell Feb 2023

The Rise And Fall Of Section 502b, John Ramming Chappell

Northwestern Journal of Human Rights

The first major foreign policy legislation of the human rights revolution of the 1970s,1 Section 502B of the Foreign Assistance Act (FAA) is a latent oversight tool that Congress could use to promote human rights in U.S. security assistance. Section 502B may be the most potent provision of law regarding human rights and security assistance that has never been used. The provision prohibits U.S. security assistance to governments that engage in a consistent pattern of gross violations of human rights, requires the State Department to report on human rights issues, and provides Congress with a mechanism to enforce the statute’s …


Reporting Of Doctoral Student Attrition: A Policy Brief, Cece Lively Feb 2023

Reporting Of Doctoral Student Attrition: A Policy Brief, Cece Lively

Journal of Multicultural Affairs

Roughly half of all doctoral students in the United States will never complete their degree requirements (Council of Graduate Schools, 2020). That staggering number is larger for ethnic minority and female students, particularly for Black students who have the lowest completion rate (47 percent) and who make up only 13 percent of doctoral degrees (Lovitts, 2001). Additionally, retention rates for online students are an additional 10 to 20 percent lower than students who attend in-person (Rovai & Wighting, 2005). Thus, ethnic minority students in online doctoral programs are at a higher risk of not finishing their degrees compared to other …


Experiential Education In Advocacy For Occupational Therapy Students: Didactic Approaches And Learning Outcomes, Aaron Bonsall, Rebecca L. Wolf, Abe Saffer Jan 2023

Experiential Education In Advocacy For Occupational Therapy Students: Didactic Approaches And Learning Outcomes, Aaron Bonsall, Rebecca L. Wolf, Abe Saffer

Journal of Occupational Therapy Education

Advocacy is a foundational value in occupational therapy, but uniformity in teaching and learning advocacy is lacking. This paper proposes and reports on the implementation of an advocacy course based on experiential education. The objective of the study was to evaluate student learning after an advocacy course with an experiential education component using an open-ended survey design. Participants were occupational therapy doctoral students, and the setting was a course taught in a health sciences university. Students voluntarily completed a four-item anonymous survey after participating in an experiential advocacy course. Written responses were coded into themes using an inductive approach. The …


Foreword, Alexa Liverano Jan 2023

Foreword, Alexa Liverano

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Multi-Dimensional Relationship Between Immigration Policies And Mexican Migrant Women: A Cycle Of Violence, Vulnerabilities, And Sobreviviencia, Jasmine Perales, Jasmine Perales Jan 2023

The Multi-Dimensional Relationship Between Immigration Policies And Mexican Migrant Women: A Cycle Of Violence, Vulnerabilities, And Sobreviviencia, Jasmine Perales, Jasmine Perales

CMC Senior Theses

Thousands of migrants have died at the United States/Mexico border. This paper analyzes how the current crisis at the border came to be, specifically focusing on the experiences of Mexican migrant women. An analysis of race, racial scripts, and illegality shows how these inform immigration policies and negatively impact migrants. Decades worth of draconian immigration policies have militarized the border and continued to reinforce negative racial scripts of migrants. By centering the testimonies of Mexican migrant women, their structured vulnerabilities come to the forefront as a direct result of immigration policies. Reform of the immigration system needs to occur to …


Legal Mechanisms For Protecting The Earth From Climate Change: An Analysis Of Limitations, Current Trends And Emerging Alternatives, Abby Mei Frazier Jan 2023

Legal Mechanisms For Protecting The Earth From Climate Change: An Analysis Of Limitations, Current Trends And Emerging Alternatives, Abby Mei Frazier

Senior Projects Spring 2023

This thesis examines the obstacles that make environmental protection challenging to litigate, particularly in the context of climate change, and identifies the underlying reasons for these obstacles. I emphasize the significance of preserving nature and provide a historical overview of environmental conservation. Despite the pressing nature of climate change and environmental degradation, legal efforts to combat these issues have often yielded unsatisfying results due to a lack of transparency, accountability, and fair power dynamics. This study examines four U.S. climate litigation cases under the Freedom of Information Act, revealing a consistent pattern of inadequate transparency and accountability that creates an …


The Intersections Among Science, Technology, Policy And Law: In Between Truth And Justice, Paolo Davide Farah, Justo Corti Varela Jan 2023

The Intersections Among Science, Technology, Policy And Law: In Between Truth And Justice, Paolo Davide Farah, Justo Corti Varela

Book Chapters

Different visions on the interaction between science, technology, policy and law have been presented. As common axe, we can detect the continuous search for truth and justice. Science and Law as social constructs, the distinction between truths and opinions through procedural method based on evidence and rationality, or how natural science “things” became facts, and consequently “truth”, are examples of this search. The evidence-gathering process that integrates scientific evidence into trial (sometimes by procedure and other times by a more substantive approach) is another possible approach. Of course, that the game of mutual influence among the four elements creates contradictions …


Policy Challenges And Responses To Environmental Non-Migration, Mostafa Mahmud Naser, Bishawjit Mallick, Rup Priodarshini, Saleemul Huq, Ajay Bailey Jan 2023

Policy Challenges And Responses To Environmental Non-Migration, Mostafa Mahmud Naser, Bishawjit Mallick, Rup Priodarshini, Saleemul Huq, Ajay Bailey

Research outputs 2022 to 2026

The scientific literature, media, international summits, and policy forums highlighted enough the people who either move or are willing to move because of environmental reasons. Still, the voluntary environmental non-migrants (ENM), who are assumed to have strong resilience and coping capacity, are inordinately overlooked. The importance of addressing these ENMs has increasingly been emphasised. First, the paper explains the characteristics of ENM, outlining the key distinction between voluntary and forced non-migrants. Second, it emphasises the need to protect populations affected by environmental change and disaster, specifically highlighting oft-neglected ENM policy gaps. Thus, it examines to what extent ENM is addressed …


End Crime With Harm? Castration For Sexual Offenders In Hong Kong, Max Hua Chen Dec 2022

End Crime With Harm? Castration For Sexual Offenders In Hong Kong, Max Hua Chen

San Diego International Law Journal

The issue of post-conviction treatment of sex offenders has been the subject of debate and changes to State legislation, particularly in respect of paedophile offences. One such treatment method is through chemical or physical castration on either a mandatory or a voluntary basis. In this regard, some States have implemented these measures for certain paedophile offences. Hong Kong (HK) has no such laws in place. Researchers such as William Winslade and his colleagues highlighted that whilst paedophilia may not be a stringently defined condition, it is one which involves a “reinforcing [pattern] of sexual behaviors,” with the result that sexual …


Deportations For Drug Convictions In The United States And The European Union: Creating A More Compassionate Approach Toward Drug Convictions In The Immigration Law, Megan Smith Dec 2022

Deportations For Drug Convictions In The United States And The European Union: Creating A More Compassionate Approach Toward Drug Convictions In The Immigration Law, Megan Smith

San Diego International Law Journal

This Comment begins by examining and comparing the legal framework for deportation and other immigration consequences for convictions of drug offenses in the United States, the European Union, and the United Kingdom. This Comment then looks at the harsh effects of current immigration policy on individuals and marginalized communities. Finally, this Comment argues that immigration law should be reformed to adopt a more humanitarian approach toward non-citizens convicted of drug offenses. Deportation and other harsh immigration consequences for drug offenses levy disproportionately severe punishments toward vulnerable minority immigrant communities, exposing them to consequences much harsher than non-immigrants would face for …


Membedah Parameter Berusaha Dalam Upaya Meningkatkan Kemudahan Berinvestasi Di Indonesia (Studi Komparasi Indonesia Dan Vietnam), Hilda Swandani Prastiti Dec 2022

Membedah Parameter Berusaha Dalam Upaya Meningkatkan Kemudahan Berinvestasi Di Indonesia (Studi Komparasi Indonesia Dan Vietnam), Hilda Swandani Prastiti

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Investment is an important component for a country to drive economic activities. Investments both from within and from abroad or Foreign Direct Investment, require a good investment climate and ease of doing business. Indonesia is one of the countries with abundant natural and human resources, but in fact it is not alway in positive connection with the increase of investment. Lack of investment means slow economic growth for a country. This paper intends to conduct a comparative study of the policies taken by the Government of Indonesia and the Government of Vietnam in an effort to improve the Investment Climate …


The Evolution Of Transgender Student Rights: A Legal And Policy Analysis, Camille J. Valentincic Apr 2022

The Evolution Of Transgender Student Rights: A Legal And Policy Analysis, Camille J. Valentincic

Senior Theses and Projects

Transgender student protections are at the center of the most recent debate about the scope of Title IX of the Education Amendments of 1972. Although LGBTQ+ rights and protections have greatly expanded under all areas of the law in the last thirty years, transgender student rights have most successfully advanced through the judicial system.

Through a close evaluation of executive, judicial, and legislative responses to this compelling policy issue, the development of transgender student rights is explored. This analysis, which provides a comprehensive overview of the current legal landscape of transgender student protections, ultimately determines that the courts are the …


The Restitution Of Nazi-Looted Art In The United States: A Legal And Policy Analysis, Katharine J. Namon Apr 2022

The Restitution Of Nazi-Looted Art In The United States: A Legal And Policy Analysis, Katharine J. Namon

Senior Theses and Projects

Restitution of Nazi-looted art in the United States is a complicated legal and policy issue. Victims and their heirs seeking restitution of their stolen art frequently encounter inconsistent legal standards at the state, federal, and international levels. Moreover, there are many different parties involved in these cases, including countries, museums, private collections, auction houses, heirs, and individuals who may have an interest in the particular work of art. Ethics must also be considered, and in the past, international principles for nations have been established to guide the process of delivering victims of wartime looting justice. Unfortunately, the current legal framework …


Immigration Policy And Covid-19, Daniel Hostetter Mar 2022

Immigration Policy And Covid-19, Daniel Hostetter

Helm's School of Government Conference - 2021-2024

No abstract provided.