Digital Commons Network^™

Breaking The Silence: Exploring Gender Differences In Classroom Interactions, Olivia Baginski

Seattle Journal for Social Justice

No abstract provided.

The Futures Of Law, Lawyers, And Law Schools: A Dialogue, Sameer M. Ashar, Benjamin H. Barton, Michael J. Madison, Rachel F. Moran

Articles

On April 19 and 20, 2023, Professors Bernard Hibbitts and Richard Weisberg convened a conference at the University of Pittsburgh School of Law titled “Disarmed, Distracted, Disconnected, and Distressed: Modern Legal Education and the Unmaking of American Lawyers.” Four speakers concluded the event with a spirited conversation about themes expressed during the proceedings. Distilling a lively two days, they asked: what are the most critical challenges now facing US legal education and, by extension, lawyers and the communities they serve? Their agreements and disagreements were striking, so much so that Professors Hibbitts and Weisberg invited those four to extend their …

Exemplary Legal Writing 2021: Four Recommendations, Jed S. Rakoff, Lev Menand

Faculty Scholarship

This is not the first great book that Erwin Chemerinsky, Dean of Berkeley Law School, has authored, but it is perhaps his most chilling. For in 308 pages of tightly reasoned detail, he demonstrates beyond cavil how the Supreme Court of recent decades (and well before the addition of the Trump appointees) undertook to undercut most of the reforms by which the Warren Court had sought to reduce police misconduct.

The Politics Of Institutional Reform: Vulnerability And Bureaucratic Independence In Asian Agriculture, Jacob Ricks

Research Collection School of Social Sciences

Although effective bureaucracies are seen as key for service provision in developing states, we still have limited explanations for their emergence. I argue getting these institutions right is a political, rather than technical, challenge based on a set of theoretical predictions for reform outcomes acknowledging the interaction between a state’s political vulnerability and degree of bureaucratic independence. I apply these predictions to a controlled comparison of irrigation sector reforms in three Asian countries. The results demonstrate that the success of institutional reforms necessary to implement policies is contingent on both the degree of vulnerability experienced as well as the extent …

A Human Rights Agenda For The Biden Administration, Sarah H. Cleveland

Faculty Scholarship

The Biden administration has much to do to restore the United States’ credibility as a human rights leader and to strengthen the human rights system in an era of rising right-wing nationalism, authoritarianism, and competition for global power. In doing so, it needs to lead by example by putting its own house in order, and act with both courage and humility in the face of deep global skepticism and distrust. Specifically, the administration should pursue five stages of engagement on human rights: reverse and revoke measures taken by the Trump administration, reaffirm the United States’ traditional commitments to human rights …

Rise Of Science City In Zhongguancun (1951-1999), Yang Xiaolin

Bulletin of Chinese Academy of Sciences (Chinese Version)

In April 1951, the Beijing Municipal Government "reserved considerable development land" in the area of "south of Tsinghua, east of Haidian, west of Beijing-Suiyuan Railway, north of Daniwan". In October 1953, Chinese Academy of Sciences settled there, and since then, there has the "formal name"-Zhongguancun. As of 1966, there were 118 research institutes directly in Chinese Academy of Sciences, and 28 in Beijing, 22 of which were at Zhongguancun. In October 1980, Chen Chunxian's "Advanced Technology Development Service Department of Beijing Plasma Society" was founded there, which opened the prelude to "Zhongguancun Electronic Street". In May 1988, the Beijing New …

Innovation, Reform, And Development Of Chinese Academy Of Sciences In Past 70 Years, Fan Chunliang

Bulletin of Chinese Academy of Sciences (Chinese Version)

The Chinese Academy of Sciences (CAS) and the People's Republic of China have been developing for 70 years concurrently. From a historical perspective, this study examines the development path and role of Chinese Academy of Sciences in different historical periods:the early period after the founding of the People's Republic of China (1949-1955), the locomotive period (1956-1966), the former 20 years of the reform and opening up period (1977-1997), the Knowledge Innovation Project period (1998-2010), and the Pioneer Initiative Action period (2011-present). This paper points out that the development of CAS in the past 70 years shows the path of China's …

Not Accepting Abuse As The Norm: Local Forms Of Institutional Reform To Improve Reporting On Domestic Violence In Punjab, Maryam Tanwir, Shailaja Fennell, Hafsah Rehman Lak, Salman Sufi

Journal of International Women's Studies

Gendered social norms are difficult to overcome, due to a lack of consensus among legal, religious, and social institutions on the direction that will result in new social norms. In the case of Pakistan, which ranks sixth on the list of the most dangerous countries for women, it is not possible to change gendered social norms regarding domestic violence by only focusing on legal reform since, in its social context, the act of domestic violence is not in itself regarded as a serious offence. This article explores reform in Punjab, where deeply entrenched legal structural obstacles and discriminatory gender norms …

Implementing Truth And Reconciliation: Comparative Lessons For The Republic Of Korea, Tara J. Melish

Tara Melish

This Article substantively introduces a special symposium issue on "Implementing Truth and Reconciliation: Comparative Lessons for Korea." Inspired by the Dec. 2010 release of the official report and recommendations of the Truth and Reconciliation Commission, Republic of Korea (TRCK), the special issue gathers comparative national and cross-national lessons from four nations -- South Korea, South Africa, Cambodia, and Peru -- on the factors that contribute to or hinder the effective implementation of truth commission recommendations and other efforts aimed at achieving national, community, and individual-level reconciliation. Such lessons are offered in the hope of assisting victim groups and other advocacy …

An Analysis And Critique Of Mental Health Treatment In American State Prisons And Proposal For Improved Care, Shelby Hayne

Scripps Senior Theses

Mental health treatment in state prisons is revealed to be highly variable, under-funded, and systematically inadequate. Existing literature exposes this injustice but fails to provide a comprehensive proposal for reform. This paper attempts to fill that gap, outlining a cost-effective, evidence-based treatment proposal, directly addressing the deficits in care revealed through analysis of our current system. In addition, this paper provides historical overviews of the prison system and mental health treatment, utilizing theoretical perspectives to contextualize this proposal in the present state of affairs. Lastly, the evidence is provided to emphasize the potential economic and social benefits of improving mental …

Pilot Programs For National Park System In China: Progress, Problems And Recommendations, Huang Baorong, Wang Yi, Su Liyang, Zhang Conglin, Cheng Duowei, Sun Jing, He Siyuan

Bulletin of Chinese Academy of Sciences (Chinese Version)

Establishing the national park system is an important reform task of the 3rd Plenary Session of the 18th Central Committee of the Communist Party of China (CPC), and also a major part of the reform for promoting ecological civilization of China. The 19th CPC National Congress pointed out that China will develop a natural reserve system mainly composed by national parks, which confirmed the importance of the national park system in the reform of China's ecological civilization. Since 2015, China has successively set up 10 pilot programs for establishing national parks. Based on in-depth investigations on 10 pilot programs, the …

Aging Injunctions And The Legacy Of Institutional Reform Litigation, Jason Parkin

Vanderbilt Law Review

Institutional reform litigation has been an enduring feature of the American legal system since the Supreme Court's ruling in Brown v. Board of Education. The resulting injunctions have transformed countless bureaucracies notorious for resisting change, including public school systems, housing authorities, social services agencies, correctional facilities, and police departments. But these injunctions face an uncertain future. The Supreme Court has held that institutional reform injunctions must be easier to terminate than all other injunctions issued by the federal courts. Some institutional reform injunctions go unenforced or are forgotten entirely. Others expire due to sunset provisions. At the same time, doctrinal …

Labor Market Adjustment To Globalization, Automation, And Institutional Reform, Brendan Price

Dissertation Awards

This dissertation consists of four independent essays analyzing how workers and firms adapt to changes in trade, technology, and labor market institutions. Chapter 1 analyzes the labor market effects of Germany’s 2005 Hartz IV reform, which lowered the generosity of long-term unemployment insurance (UI) available after a worker’s initial stream of benefits runs out. Chapter 2, coauthored with Daron Acemoglu, David Autor, David Dorn, and Gordon Hanson, argues that rising Chinese import competition was a major force behind both recent reductions in U.S. manufacturing employment and weak overall U.S. job growth. Chapter 3, also coauthored with Acemoglu, Autor, Dorn, and …

Misuse Of Executive Power As An Obstacle To Democratic Institutional Reform In Argentina, Anna C. Brito

CMC Senior Theses

This thesis explores three different institutions that underwent proposed reforms during the President of Cristina Fernández de Kirchner (2007-2015): the intelligence sector, the judiciary, and the media. Though the stated purpose of these reforms was to make more democratic institutions that had suffered under the military junta, in reality they were generally unsuccessful. Furthermore these institutions would be further changed under her successor, Mauricio Macri, still with little improvement to democracy. When examining these changes in the context of hyper-presidentialism, it is apparent that the misuse of executive power is a serious impediment to meaningful institutional reform.

Contracting, Contesting, And Co-Optation: Civil Society Organizations’ Strategies Under New Institutional Arrangements In Brazil, Brian Wampler, Michael Touchton

Political Science Faculty Publications and Presentations

Civil society has exploded in Latin America as democratization has continued over the last 30 years. Civil society organizations (CSOs) are thought to improve governance and oversight and to increase social capital. Nonetheless, we have limited knowledge about what motivates CSOs’ political strategies, which include participating in formal political institutions, attending demonstrations, and providing services. We build knowledge here by evaluating data from a unique survey of nine hundred CSOs across seven Brazilian cities. Our findings showcase several parallel processes: poorer CSOs continue to rely on the state and actively participate in political processes despite protesting at greater rates than …

Leveraging Paraguay’S Hydropower For Sustainable Economic Development, Perrine Toledano, Nicolas Maennling

Columbia Center on Sustainable Investment Staff Publications

While internationally Paraguay is known for being the largest hydropower exporter in the world, the domestic economy suffers from regular outages and high system losses. The country is largely dependent on agricultural production, which has led to volatile economic performances in the past resulting from climatic circumstances and commodity price fluctuations. To address these two key policy challenges, the Government of Paraguay has approached The Earth Institute to: 1) explore the potential of a climate risk management system and sustainable agriculture activities to mitigate environmental vulnerability and 2) develop a high-level strategic plan to use Paraguay’s vast hydropower resources for …

Implementing Truth And Reconciliation: Comparative Lessons For The Republic Of Korea, Tara J. Melish

Buffalo Human Rights Law Review

This Article substantively introduces a special symposium issue on "Implementing Truth and Reconciliation: Comparative Lessons for Korea." Inspired by the Dec. 2010 release of the official report and recommendations of the Truth and Reconciliation Commission, Republic of Korea (TRCK), the special issue gathers comparative national and cross-national lessons from four nations -- South Korea, South Africa, Cambodia, and Peru -- on the factors that contribute to or hinder the effective implementation of truth commission recommendations and other efforts aimed at achieving national, community, and individual-level reconciliation. Such lessons are offered in the hope of assisting victim groups and other advocacy …

When One Treaty Is Not Enough: Death, Dying, And Institutional Re-Birth For The United Nations Framework Convention On Climate Change, Cinnamon P. Carlarne

Cinnamon P Carlarne

On the twentieth anniversary of the negotiation of the United Nations Framework Convention on Climate Change (UNFCCC) and the fifteenth anniversary of the negotiation of the Kyoto Protocol to the UNFCCC, it is time for the global community to reflect on the future of our system of global climate governance.

This article argues that the valiant efforts of the global community to negotiate a post-Kyoto treaty system have arrived at a crossroads and that instead of focusing on finding the single “right” pathway forward, there is a need to pursue multiple pathways. The conventional wisdom that we need one, consensus-based, …

Issues In Human Capital Development : Lessons For Public Administration And Governance, Deogratias Harorimana Mr

Dr Deogratias Harorimana

With few minerals or other natural resources, Rwanda believes that she can still achieve her ambitions by investing in human capital - her unique resource. If this ambition can be achieved, then is this the next role model for international development? We used a case study design and analysis methods to examine development models used elsewhere in recent decades, using both qualitative and quantitative data on Rwanda to establish the comparative advantages in relation to Singapore’s economic development model. The implications for international development are that (1) an effective human capital development strategy should be inclusive enough to respond to …

Human Rights Treaty Body Reform: New Proposals, Andrew Kloster

Andrew Kloster

“Reform” in international human rights law has become a narrow concept. A survey of the literature reveals that nearly any suggestion for reform concerns greater enforcement of international human rights substantive norms.

It is the purpose of this article to address the neglected question of treaty body role. Section II provides a nuts-and-bolts guide to the treaty body mandates for United Nations delegates, States Parties, and international lawyers. This section sketches the proper and improper actions for treaty bodies to take. It is our contention that if treaty bodies were limited to their proper role, they could more effectively use …

Agenda: Navigating The Future Of The Colorado River, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Competition for scarce Colorado River water resources is nothing new, but the conflicts that prompted the seven basin states to negotiate the 1922 Colorado River Compact have grown considerably fiercer and more complex in recent decades. In 2007, responding to the challenges of increasing demand and sustained drought, the seven basin states and a number of other affected interests agreed to a set of interim guidelines for allocating Colorado River water in the event of shortages. This agreement represents an important evolution in the governance of the Colorado River, suggesting that the many interests in the basin can work together …

The Closed Rule, Michael Doran

Georgetown Law Faculty Publications and Other Works

The closed rule constitutes a critical component of managerial power in the contemporary House of Representatives and an increasingly important element of the legislative process. Subject to the approval of the full membership, the closed rule allows managers to block all amendments to a measure when bringing that measure to the floor. Despite objections from the minority, both Republicans and Democrats regularly use the closed rule when in the majority, and rank-and-file members ordinarily approve any closed rule put to a floor vote. Once rarely used, the closed rule has become managers’ preferred instrument for controlling the House floor agenda. …

Institutional Reform Litigation, Leonard Koerner

NYLS Law Review

No abstract provided.

Saving Special Places: Trends And Challenges With Protecting Public Lands [Outline], Robert B. Keiter

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

7 pages.

Includes bibliographical references

"Robert B. Keiter, Wallace Stegner Professor of Law, University of Utah, S.J. Quinney College of Law"

The Sustainable Development Of U.S. Air Transportation: The Promise And Challenge Of Institutional Reform, John R. Bartle

Public Administration Faculty Publications

Sustainable development is a concept that has had great influence on natural resource policy; however, to date, it has had limited influence on transportation. This article examines how well U.S. air transportation practice meets the goal of sustainability and finds current practice to be unsustainable. Forecasted trends suggest that this problem will get worse. Neither current pollution control policies nor technological progress are sufficient to solve the problem. One potential solution is reduced use of air travel, however, the goals of mobility and speed of travel would be inhibited. Taxes could reduce the external costs caused by air pollution, however, …

Sustainable Highways: Destination Or Mirage?, John R. Bartle, Jijesh Devan

Public Administration Faculty Publications

Highway travel is forecasted to increase steadily worldwide in the foreseeable future. However, this pattern is unsustainable environmentally, economically, financially, and socially. Federal legislation, in particular the Intermodal Surface Transportation Efficiency Act, has made progress toward the goal of sustainability, and technological improvements offer potential for reduced emissions, but both potentials have not been fully realized. Reduced use and redesigned taxes are unlikely possibilities. Ultimately, institutions will have to change. The European Union offers an example of how the institutional change can be implemented in a durable way. This change is important not just for environmental reasons but also for …

The Supreme Court, Democracy And Institutional Reform Litigation, Ross Sandler, David Schoenbrod

NYLS Law Review

No abstract provided.

On Waves, Clusters, And Diffusion: A Conceptual Framework, Zachary Elkins, Beth Simmons

Zachary Elkins

No abstract provided.

A Precept Of Managerial Responsibility: Securing Collective Justice In Instituational Reform Litigation, Anthony M. Bertelli, Laurence E. Lynn Jr.

Fordham Urban Law Journal

Institutional reform litigation confronts public administrators with troubling dilemmas, court directives often contradict the duties and responsibilities of public managers. Thus, the argument for judicial intervention is rarely straightforward. The authors argue that federal courts should refuse to hear institutional reform cases not only when federal court intervention would upset a state administrative scheme, but also when the institutional defendant is governed by a precept of managerial responsibility. When the agency's challenged actions have comported with this precept, they urge federal courts to let their state counterparts determine the agency's managerial responsibility in a common law process. The analysis begins, …

The Ethical Legitimacy Of Class-Action, Institutional-Reform Litigation On Behalf Of Children: A Response To Martha Matthews, Christopher Dunn

Fordham Law Review

No abstract provided.