Digital Commons Network^™

Navigating Murky Waters: State-Level Strategies For Wetland Preservation And Tile Drainage Regulation After Sackett V. Epa, Caleb M. Swanson

Honors Thesis

Wetlands are some of the world’s most valuable ecosystems, serving as provisioners of species habitat, carbon sequestration, flood mitigation, water quality purification, and other ecosystem services. Human development has resulted in substantial wetland loss the world over. In the 1970s, the United States Congress passed the Clean Water Act, giving the EPA broad authority over wetland protection. However, in the summer of 2023, the United States Supreme Court decided Sackett v. EPA, limiting the EPA’s jurisdiction over wetlands to those indistinguishably connected to generally recognized “Waters of the United States” and removing federal protection for millions of acres of wetlands, …

Editorial - Contemporary Marine Science, Its Utility And Influence On Regulation And Government Policy, Piers Larcombe, Angus Morrison-Saunders, Peter V. Ridd

Research outputs 2022 to 2026

The purpose of this Research Topic is to evaluate the quality of contemporary marine science and to examine relationships between science, regulation and government policy in the marine environment. The quality of marine science matters; not just to advance knowledge on understanding marine ecosystems, but also to guide marine management. ...

The Economic Ferocity Of Policy, Giana Depaul

Helm's School of Government Conference - American Revival: Citizenship & Virtue

Each day, as the Dow Jones rises and falls, Congress similarly passes and fails legislation. These two seemingly continuous cycles intersect to the point that the two structures appear affixed. For centuries, this has posed an age-old question: is it policy that influences the economic system or is it the economic system itself that molds policy decision-making? Renowned economist Adam Smith is famous for his works detailing the autonomous nature of the economic system. Smith views policy as only a small roadblock in the master strategy of the economic flow of life. The Great Depression and the 2008 Recession, however, …

Fueling Green Connections: Networked Policy Instrument Choices For Sustainability Regulation, Ishani Mukherjee

Research Collection School of Social Sciences

This paper presents a policy network analysis study that examines policy subsystem interconnectedness and cohesion, to explore three constituent regulatory policy instruments that have a combined impact on governing sustainability. The network surrounding the environmental sustainability of biodiesel policy in Indonesia is marked by high interconnectedness and relatively weaker cohesion, properties that impact how policy solutions are formulated through policy actor interactions and define prevailing policy formulation styles. Using primary policy network data on 46 organizations and the review of national regulations, laws, and directives, this paper tests established hypotheses on how instruments that are formulated within the same policy …

Provincial Cannabis Legislation, Regulation, And Licensing: Its Effectiveness And Impacts On Municipalities In Ontario, Rami Farag

Major Papers

The legalization of cannabis has been a controversial topic within the last two decades in many developed states. The legalization brought medicinal benefits, economic opportunity, and a projected decrease in organized crime. It has, however, also prompted new challenges for different levels of government. In Canada, legalization was a federal decision that was then regulated by provincial governments. However, local governments were on the receiving end of both federal and provincial legislation and regulations that often restricted municipal autonomy with respect to cannabis.

This paper aims to provide a better understanding of the legal and regulatory framework of retail cannabis …

Análisis De La Regulación Y El Control De Los Servicios Públicos Domiciliarios Privatizados En Argentina Bajo El Período Kirchnerista (2003-2015), Andrea López

Gobernar: The Journal of Latin American Public Policy and Governance

Este artículo somete a estudio las renegociaciones contractuales con las empresas privatizadas, prestadoras de electricidad, gas, agua potable y telefonía básica en la zona del ámbito metropolitano y Gran Buenos Aires (AMBA), así como sus regímenes regulatorios y el devenir de los entes de control respectivos, durante los mandatos presidenciales de Néstor Kirchner y de Cristina Fernández de Kirchner, a los efectos de analizar el “cruce” o “tensión” entre las políticas “pro-mercado” impulsadas a partir de las reformas estructurales de los 90, las iniciativas primigenias de cambio de la institucionalidad regulatoria, las normativas finalmente aprobadas y las prácticas consolidadas -y …

Regulating New Tech: Problems, Pathways, And People, Cary Coglianese

All Faculty Scholarship

New technologies bring with them many promises, but also a series of new problems. Even though these problems are new, they are not unlike the types of problems that regulators have long addressed in other contexts. The lessons from regulation in the past can thus guide regulatory efforts today. Regulators must focus on understanding the problems they seek to address and the causal pathways that lead to these problems. Then they must undertake efforts to shape the behavior of those in industry so that private sector managers focus on their technologies’ problems and take actions to interrupt the causal pathways. …

Public Library Organisation Analysis For Hybrid Library Governance Model In Indonesia, Salahudin Salahudin, Achmad Nurmandi, Rendra Agusta, Amirullah Amirullah

Library Philosophy and Practice (e-journal)

This article aims to evaluate the ability of the National Library of Indonesia in its function as a public library. It also describes the ability of the National Library of Indonesia organization in the context of Hybrid Library Governance (HLG). The article, through a qualitative descriptive approach, reveals the dimensions of the organization and shows the Indonesian National Library has formalised a support system in which there are several regulations that support the governance of the library. Moreover, within the dimensions of the process, national libraries have a budget, human resources, and technologies that support their performance. However, the library …

Antitrust In The Age Of Trump, Stephen Langeland

Helm's School of Government Conference - American Revival: Citizenship & Virtue

Calls for regulation of major tech giants are currently ringing out from both the left and right sides of the political spectrum, largely for different reasons (Soave 2020). The current DOJ antitrust suit against Google was undermined by murmurs of political motivation as former-Attorney General William Barr personally played a key role in pushing the investigation forward into a lawsuit. (Birnbaum 2020). Prior examples of this can be seen in the reportedly political motivation of the DOJ’s unsuccessful attempt to block the 2017 merger of President Trump’s nemesis CNN’s parent company Time Warner and AT&T following President Trump’s campaign trail …

Transportation Network Companies, Proposition 22, And The Future Of Labor Relations In The United States, Nate Midgley

Hatfield Graduate Journal of Public Affairs

While the victory of Proposition 22 (Prop 22) in the November 3^rd, 2020 California State election came as a shock to many observers, Transportation Network Companies (TNCs) such as Uber and Lyft, the architects and beneficiaries of the ballot measure, have a long track record of subverting regulatory attempts. From this historical perspective, the novelty of Prop 22 is not related to the means employed in its victory, but in the sheer scale of effort involved. In other words, Prop 22 represents an escalation of a familiar framework of regulatory subversion by the TNCs, whose success at the …

A Healthy Diet Of Preemption: The Power Of The Fda And The Battle Over Restricting High Fructose Corn Syrup From Food And Beverages Labeled 'Natural', Adam C. Schlosser

Journal of Food Law & Policy

America is unhealthy. America faces an obesity epidemic. The food consumed by Americans is making them fat. Americans, bombarded every single day by negative headlines like these, are becoming more and more health conscious. This newfound commitment to health is reflected in the food and beverages Americans purchase.

Reconsidering The Evolutionary Erosion Account Of Corporate Fiduciary Law, William W. Bratton

All Faculty Scholarship

This Article reconsiders the dominant account of corporate law’s duty of loyalty, which asserts that the courts have steadily relaxed standards of fiduciary scrutiny applied to self-dealing by corporate managers across more than a century of history—to the great detriment of the shareholder interest. The account originated in Harold Marsh, Jr.’s foundational article, Are Directors Trustees? Conflicts of Interest and Corporate Morality, published in The Business Lawyer in 1966. Marsh’s showing of historical lassitude has been successfully challenged in a recent book by Professor David Kershaw. This Article takes Professor Kershaw’s critique a step further, asking whether the evolutionary …

Green Inequities: Examining The Dimensions Of Socioenvironmental Injustice In Marginalized Communities, Akiebia S. Hicks, Zachary Malone, Megan A. Moore, Roslynn Powell, Austin Thompson, Patricia A. Whitener, Rowan Williams

Human Movement Sciences & Special Education Faculty Publications

In the realm of socioenvironmental justice, much discourse centers on equal access to green areas and on climate injustice in the United States. Marginalized communities, including Indigenous populations, are being excluded from current narratives surrounding the natural spaces that in many cases are historically tied to under-represented groups. This article aims to explore some of the many dimensions of environmental racism, green inequities, climate injustice, and access. The dimensions include but are not limited to racial gatekeeping, nature deprivation in low-income communities, green gentrification, light pollution, and access to clean water. The recommendations section serves as a guide during decisionmaking …

Administrative Law In The Automated State, Cary Coglianese

All Faculty Scholarship

In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated state were …

Enforcing Higher Standards For Flood Hazard Mitigation In Vermont, Tamsin Flanders

Masters Theses

The state of Vermont faces increasing risk of costly damage from catastrophic flooding events as climate change increases the frequency of heavy rains and cumulative precipitation. In addition to increasing flood inundation risk, extreme precipitation events are leading to high rates damage from fluvial erosion—erosion caused by the force of floodwater and the materials it carries. As in all U.S. states, flood hazard governance in Vermont is shared by multiple levels of government and involves a complex compliance model that relies on local governments to regulate private property owners to achieve community, state, or federal goals.

To encourage municipalities to …

Paradise Found? Food Transportation Regulation: A Detour Through Regulatory Purgatory, William Nash

Journal of Food Law & Policy

On January 31, 2014, the Food and Drug Administration ("FDA") issued a Notice of Proposed Rulemaking ("NPRM") that would set requirements for shippers, carriers and receivers of food transported in intrastate and interstate commerce. The NPRM marks a potentially important step in a long history of the (non-)regulation of food transportation. In Parts I and II, this paper will provide some context of the history of food transportation, as well as the major incidents that placed the food transportation industry on the regulatory map. In Parts III and IV, the paper will consider the history of food transportation regulation from …

Regulating Micromobility: Examining Transportation Equity And Access, Karen Johnston, Deirdre A. Oakley, Audra Durham, Claire Bass, Stacie Kershner

Journal of Comparative Urban Law and Policy

This paper evaluates the various ways cities have or are attempting to address e-scooter usage equity concerns, with a focus on Atlanta, Georgia as compared to Austin, Texas; Charlotte, North Carolina; Los Angeles, California; and Portland, Oregon. The cities were evaluated by the laws in effect at the time of coding, which occurred during the project period of October through December 2019. To explore how existing laws and regulations affect access to e-scooters, this research was guided by the following overarching questions: How equitable is access to e-scooters? How can equitable access to e-scooters be improved? How can a data-driven …

The New Nuclear? Small Modular Reactors And The Future Of Nuclear, Bruce R. Huber

Notre Dame Journal on Emerging Technologies

This article explores Small Modular Reactors, SMRs. It begins by explaining the regulatory and economic structure of the electricity sector in the United States. It then describes the current state of nuclear power before examining SMRs in particular—how they differ from conventional nuclear reactors, what regulatory issues they will confront, and what factors will most directly shape their long-term potential.

Deploying Machine Learning For A Sustainable Future, Cary Coglianese

All Faculty Scholarship

To meet the environmental challenges of a warming planet and an increasingly complex, high tech economy, government must become smarter about how it makes policies and deploys its limited resources. It specifically needs to build a robust capacity to analyze large volumes of environmental and economic data by using machine-learning algorithms to improve regulatory oversight, monitoring, and decision-making. Three challenges can be expected to drive the need for algorithmic environmental governance: more problems, less funding, and growing public demands. This paper explains why algorithmic governance will prove pivotal in meeting these challenges, but it also presents four likely obstacles that …

Mindfulness And The Need To Minimize The Risk Of Harm: A Proposal To Implement And Enforce Standards For Secular Mindfulness Practice, Michael Falick

Mindfulness Studies Theses

While Western mindfulness practice is indeed beneficial for many participants, the research now clearly demonstrates that for some meditators, there are attendant potential risks. These potential risks to practitioners require a level of care from those individuals (and corporations) that disseminate mindfulness practice. Historically, in traditional Buddhist practice, mindfulness was but one of the eight factors on the Noble Eightfold Path. An important component of traditional practice strongly relies on ethics in the delivery of the practice. A formalized standard of care for modern, secular mindfulness practices, and a method to implement and enforce that standard, will greatly enhance safety …

Smoke And Mirrors: Policy Solutions For Deterring Adolescent Use Of Nicotine Electronic Cigarettes, Austin Davis Fiala

Honors Theses

In recent years, there has been a dramatic spike in the number of adolescents that regularly use nicotine electronic cigarettes. As recently as 2019, a large outbreak of e- cigarette, or vaping, product use-associated lung injuries was observed in adolescents, leading many to question the safety of these devices, particularly when use by adolescents. By way of a literature review, this thesis will examine the history of nicotine and electronic cigarettes in the United States, as well as existing data on the nature of nicotine electronic cigarettes and the ways in which they are marketed.

From these findings, it is …

Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence

Dickinson Law Review (2017-Present)

No abstract provided.

The Lasting Impacts Of Mass Consumerism And The Disposable Culture: A Proposition For The Development Of Plastic Shopping Bag Bans In Texas Law, David Brewster

St. Mary's Law Journal

This Article addresses the developing state of plastic bag bans in Texas municipal and state jurisprudence. The Article recites the history of plastic bag bans and their impacts on the environment, the issues pertinent to municipal powers as regulatory devices, and analyzes the most recent case regarding bag bans in Texas, which is the Texas Supreme Court’s opinion in City of Laredo v. Laredo Merchants Association. The Article makes suggestions about how to move forward in developing municipal plastic bag bans for the benefit of the environment, and addresses the immediate impacts of bag ban litigation and legislation in …

Understanding Stakeholder Interests In Rulemaking Through The Lens Of Private-Interest Institutionalism, Walter Lewis Koski

Walden Dissertations and Doctoral Studies

State regulators have the task of promulgating regulations for multiple heavily regulated industries, but there is a dearth of research to help public policy makers better understand how rulemaking processes are perceived by stakeholders in those processes. Regulators who promulgated rules for the legalization of marijuana in Colorado used both required and discretionary methods of participation in rulemaking to involve stakeholders with multiple competing interests. This qualitative research study was based on a phenomenological approach and interview data from 10 stakeholders who participated in the Colorado Marijuana Enforcement Division's rulemaking processes between 2013 and 2016. The purpose of this study …

Jpmorgan Chase London Whale H: Cross-Border Regulation, Arwin G. Zeissler, Andrew Metrick

Journal of Financial Crises

As a global financial service provider, JPMorgan Chase (JPM) is supervised by banking regulatory agencies in different countries. Bruno Iksil, the derivatives trader primarily responsible for the $6 billion trading loss in 2012, was based in JPM’s London office. This office was regulated both by the Office of the Comptroller of the Currency (OCC) of the United States (US) and by the Financial Services Authority (FSA), which served as the sole regulator of all financial services in the United Kingdom (UK). Banking regulators in the US and the UK have entered into agreements with one another to define basic parameters …

Jpmorgan Chase London Whale G: Hedging Versus Proprietary Trading, Arwin G. Zeissler, Andrew Metrick

Journal of Financial Crises

In December 2013, the primary United States financial regulatory agencies jointly adopted final rules to implement Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which is often referred to as the “Volcker Rule”. Section 619 prohibits banks from engaging in activities considered to be particularly risky, including proprietary trading and owning hedge funds or private equity funds. Banking regulators designed the final rule against proprietary trading in part to prevent losses like the $6 billion London Whale loss that took place in 2012 at JPMorgan Chase. Given the controversial nature of the Volcker Rule, it is …

Jpmorgan Chase London Whale F: Required Securities Disclosures, Arwin G. Zeissler, Giulio Girardi, Andrew Metrick

Journal of Financial Crises

On April 13, 2012, JPMorgan Chase (JPM) Chief Financial Officer Douglas Braunstein took part in a conference call to discuss the bank’s first quarter 2012 earnings. Coming just a week after media reports first questioned the risks taken by JPM derivatives trader Bruno Iksil, Braunstein made a series of assertions about the trades. On May 10, JPM finalized its first quarter financial results, which included some disclosures regarding Iksil’s trading that were substantially different from Braunstein’s statements of April 13. At issue is whether the regulatory filings on April 13 and May 10, as well as verbal comments by Braunstein …

Public Interests And Economic Regulation Of Gambling, Rein Halbersma, Joost Poort

International Conference on Gambling & Risk Taking

In the Netherlands, the Betting and Gaming Act from 1964 largely determines the current structure of gambling markets. The policy was to channel consumers to a limited number of licensed operators. This led to state-owned monopolies for lotteries, sports betting and casinos, a private monopoly for horse race betting, a limited number of privately owned charity lotteries, and a large number of private slot machines operators.

Pending legislation proposes an online market without a limit on the number of operators. Furthermore, state ownership will be phased out, and introduced legislation to privatizing and expanding the number of casinos. The current …

Telecommunications Regulation In The Uae: The Interconnectedness Of Better Governance And Regulatory Performance, Mahra Abdullah Ali Alghawi

Political Science Theses

This research focuses on the Telecommunications Regulation in the UAE and studies the interrelationship of ‘better public governance’ and ‘performance’ of telecommunications regulation in the UAE. The work is a reexamination of the thesis that “Countries with better (governance) institutions have better telecom regulators”, and, “Private regulated firms achieve the same public interest goals as state-owned firms”. The study analyzes public governance in the UAE using six internationally recognized criteria: ‘voice accountability’, ‘political stability’, ‘government effectiveness’, ‘regulatory quality’, ‘rule of law’ and ‘control of corruption’. It analyzes the quality of regulatory governance by the Telecommunications Regulatory Authority (TRA) in the …

Measuring Incremental Sb743 Progress: Accounting For Project Contributions Towards Reducing Vmt Under California's Senate Bill 743, Christopher E. Ferrell

Mineta Transportation Institute

On September 27, 2013, California’s governor signed Senate Bill (SB) 743 into law, in part mandating the transition from a level-of-service-based (LOS) measure of transportation environmental impacts to a vehicle-miles-traveled-based (VMT) one in compliance with the California Environmental Quality Act (CEQA). Several California jurisdictions, including San Jose, Pasadena, and San Francisco, have moved quickly to comply with SB 743, so it is no surprise that several of these early-adopter cities have been working hard to develop powerful VMT estimation methods and tools using the most recent research available.

This perspective uses the experiences of an early-adopter city, San Jose, to …