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

Law Commons

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

Public Affairs, Public Policy and Public Administration

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 5466

Full-Text Articles in Law

Introduction: Developing Strategies For Stability And A Sustainable Shared Development In Euro-Mediterranean Migrations, Emanuela C. Del Re Sep 2018

Introduction: Developing Strategies For Stability And A Sustainable Shared Development In Euro-Mediterranean Migrations, Emanuela C. Del Re

New England Journal of Public Policy

This special issue on migration offers a collection of contributions from prominent scholars, academics, and researchers from Europe, Africa, and the United States who provide a unique multilevel and prismatic analysis of this fundamental social phenomenon.


North African Regular And Irregular Migration: The Case Of Libya, Mustafa O. Attir Sep 2018

North African Regular And Irregular Migration: The Case Of Libya, Mustafa O. Attir

New England Journal of Public Policy

Because of its geographical size and location, Libya has for centuries been a transit county for human movement across the region. Thus, its experience with immigrants has a long history. In the early 1970s, Libya became a destination for foreigners seeking jobs. Some entered the country legally, others illegally. All came to work, live, and send remittances back to their families. During the 1990s, when many migrants used Libya as a transit country for crossing the sea to Europe, the European Union started negotiating with the Libyan government to curb the flow of irregular migrants. In 2011, the country joined ...


Gendering Migration: Women, Migratory Routes And Trafficking, Nicolamaria Coppola Sep 2018

Gendering Migration: Women, Migratory Routes And Trafficking, Nicolamaria Coppola

New England Journal of Public Policy

This article examines international migration from a gender perspective. It asserts that migration can be empowering for women, and at the same time it may exacerbate their vulnerabilities, including abuse and trafficking, particularly when migrants are low skilled or irregular.


Strategies For Stability And Sustainability In Euro-Mediterranean Migrations, Emanuela C. Del Re Sep 2018

Strategies For Stability And Sustainability In Euro-Mediterranean Migrations, Emanuela C. Del Re

New England Journal of Public Policy

In this article, the author provides a wide and vivid picture of the several dimensions of migration flows in the current global scenario and, in particular, in the Mediterranean. She proposes new interpretations of this complex phenomenon, analyzing its multiple aspects and characteristics and the push factors and policies and responses of the countries of origin, transit, and destination. She suggests new approaches and strategies to deal with the issue of migration, urging the EU member states and EU institutions to develop management policies for stability and sustainability that are welcoming and that respect human rights.


Syrian Refugees In Turkey: A Security Perspective, Federico Donelli Sep 2018

Syrian Refugees In Turkey: A Security Perspective, Federico Donelli

New England Journal of Public Policy

This study investigates the nexus between the mass movement of people and security and foreign policy behaviors. The assertion is that refugee flows intensify security issues among decision makers and members of society; consequently, new fears and wider perceptions of threats have several implications for foreign policy agenda. The article focuses on the theoretical analysis of the securitization of migration and its impact on foreign policy and security policy. It also analyzes, from a security perspective, the effect on Turkey of the refugees who arrived en masse from Syria during the past six years. The article concludes with an analysis ...


Immigration As A Domestic Policy Issue: What Strategy To “Save” Europe?, Germano Dottori Sep 2018

Immigration As A Domestic Policy Issue: What Strategy To “Save” Europe?, Germano Dottori

New England Journal of Public Policy

This article analyzes the influence of political orientations in the development of migration policies in the European Union. It lists the forces shaping the political orientations regarding mass migration across Europe and shows how they combine and affect the policies being adopted. The article focuses on the economic and political positions underpinning progressive, liberal options for an open-door policy and the opposing views.


Syrian Refugees In Europe: Migration Dynamics And Political Challenges, Leila Hudson Sep 2018

Syrian Refugees In Europe: Migration Dynamics And Political Challenges, Leila Hudson

New England Journal of Public Policy

After 2011 the Syrian conflict caused growing numbers of residents to flee to escape escalating regime brutality and deteriorating economic conditions. In addition to a population of up to eight million internally displaced residents, at least four million Syrians fled to neighboring Arab states and Turkey. Conditions in those countries ranged from desperate to uncomfortable, and between 2014 and 2016 up to a million refugees continued on to seek asylum in Europe. In addition to the trauma of displacement the refugees experienced, the migration left traces on the host and transit countries in the form of economic and infrastructural challenges ...


European Immigration Controls Conforming To Human Rights Standards, Yannis Ktistakis Sep 2018

European Immigration Controls Conforming To Human Rights Standards, Yannis Ktistakis

New England Journal of Public Policy

The European continent has for some years been facing increased pressure from migration. In 2010, Europe, in comparison with the other continents, was expected to host the largest number of migrants: 69.8 million migrants representing 32.6 percent of the total flow of migrants (213.9 million international migrants). This pressure has caused the two main European organizations, the Council of Europe and the European Union, to act decisively for the protection of migrants. Although the European legal order offers a high standard of human rights protection—having adopted, over the decades, the relevant instruments and developed effective mechanisms ...


Response And Responsibilities Of The Republic Of Macedonia In The Migrant And Refugees Crises, Toni Mileski Sep 2018

Response And Responsibilities Of The Republic Of Macedonia In The Migrant And Refugees Crises, Toni Mileski

New England Journal of Public Policy

The Republic of Macedonia has had a long history of dealing with migrants and refugees. Since the late nineteenth century, conflicts, including the Balkan Wars (1912–1913), the First and Second World Wars, the Greek civil war (1945–1949), the Kosovo conflict, and the 2001 internal security crisis, have caused successive waves of migration. More recently, armed conflict in the Middle East, especially in Syria, caused a migrant and refugee crisis that has deeply affected the country. This article analyses how the Republic of Macedonia has responded to this crisis. It examines the initial period of the crisis, the measures ...


Managing Migration: The Balkans United Against Refugees, Hedvig Morvai, Dragan Djokovic Sep 2018

Managing Migration: The Balkans United Against Refugees, Hedvig Morvai, Dragan Djokovic

New England Journal of Public Policy

In 2015, alone, almost a million refugees sought to reach Northwestern Europe by traveling from Turkey, through Greece and Macedonia, and then across Serbia, Hungary, or Croatia, following what became known as the Balkan route. Despite the numerous problems associated with this route, it remained functional until March 8, 2016, when the EU member states reached a deal with Turkey that has put a stop to this particular migrants’ itinerary.

Like the member states of the European Union, the Balkan countries have been dealing with migration problems in an obsolete manner. Wars and their attendant difficulties in Serbia, Croatia, and ...


The Mediterranean Refugee Crisis: Heritage, Tourism, And Migration, Marxiano Melotti Sep 2018

The Mediterranean Refugee Crisis: Heritage, Tourism, And Migration, Marxiano Melotti

New England Journal of Public Policy

The Mediterranean Sea has become a huge cemetery: many thousands of migrants have lost their lives trying to cross it in search of a better future. In 2015, more than a million migrants and refugees reached Europe through irregular means, but almost 4,000 went missing and probably drowned. In 2016, 364,000 arrived in Europe and more than 5,000 were lost en route. The arrivals in Italy by sea were 181,436 in 2016 and 119,369 in 2017. While UN organizations and EU governments seem unable or unwilling to face this epoch-making drama, the culture industry has ...


Migration And Conflict, Padraig O’Malley Sep 2018

Migration And Conflict, Padraig O’Malley

New England Journal of Public Policy

The United Nations is ill-equipped to prevent, much less end, intrastate conflicts. Today’s conflicts and an explosive mix of other interrelated causes—including violence, famine, extreme poverty, climate-related disasters and political oppression—have led to a global migration and population-displacement crisis. This article examines the intersection of conflict and migration. It presents the data on migrants, refugees, and internally displaced persons (IDPs) and exposes the rise of extreme nationalist tendencies in the West—in particular, Europe, where several measures to stem the flow of refugees have been imposed. The article concludes with a warning about global poverty and marginalization ...


Bankruptcy For Banks: A Tribute (And Little Plea) To Jay Westbrook, David A. Skeel Jr. Sep 2018

Bankruptcy For Banks: A Tribute (And Little Plea) To Jay Westbrook, David A. Skeel Jr.

Faculty Scholarship

In this brief essay, to be included in a book celebrating the work of Jay Westbrook, I begin by surveying Jay’s wide-ranging contributions to bankruptcy scholarship. Jay’s functional analysis has had a profound effect on scholars’ understanding of key issues in domestic bankruptcy law, and Jay has been the leading scholarly figure on cross-border insolvency. After surveying Jay’s influence, I turn to the topic at hand: a proposed reform that would facilitate the use of bankruptcy to resolve the financial distress of large financial institutions. Jay has been a strong critic of this legislation, arguing that financial ...


Building An Evidence-Based, Holistic Approach To Advancing Integrated Employment, Allison C. Hall, John Butterworth, Jean Winsor, John Kramer, Kelly Nye-Lengerman, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston Sep 2018

Building An Evidence-Based, Holistic Approach To Advancing Integrated Employment, Allison C. Hall, John Butterworth, Jean Winsor, John Kramer, Kelly Nye-Lengerman, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

Since the introduction of supported employment in the Developmental Disabilities Act of 1984 and the Rehabilitation Act Amendments of 1986, there has been continued development and refinement of best practices in employment services and supports. Progress includes creative outcomes for individuals with significant support needs including customized jobs and self-employment, community rehabilitation providers that have shifted emphasis to integrated employment, and states that have made a substantial investment in Employment First policy and strategy. Despite these achievements, the promise of integrated employment remains elusive for the majority of individuals with intellectual and developmental disabilities. The number of individuals supported in ...


An Analysis Of The Universal Home Care Program: Considerations For Implementation With The Context Of Maine's Existing Ltss Programs, Eileen J. Griffin Jd, Elizabeth C. Gattine Jd, Louise Olsen, Stewart Bratesman Mpp Sep 2018

An Analysis Of The Universal Home Care Program: Considerations For Implementation With The Context Of Maine's Existing Ltss Programs, Eileen J. Griffin Jd, Elizabeth C. Gattine Jd, Louise Olsen, Stewart Bratesman Mpp

Disability & Aging

A citizen initiative on the November 2018 ballot (Question 1, An Act to Establish Universal Home Care for Seniors and Persons with Disabilities) would establish a "Universal Home Care Program" (UHC Program) to serve older adults and persons with a disability living in Maine. This report does not constitute either support for or opposition to the referendum but is intended as an independent assessment of how the UHC Program could be implemented if it were to be approved by Maine voters. This analysis focuses on the implications of the UHC Program within the context of the Medicaid and state-funded long ...


The Operational And Administrative Militaries, Mark P. Nevitt Aug 2018

The Operational And Administrative Militaries, Mark P. Nevitt

Faculty Scholarship

This Article offers a new way of thinking about the military. The U.S. military’s existing legal architecture arose from tragedy: in response to operational military failures in Vietnam, the 1980 failed Iranian hostage rescue attempt and other military misadventures, Congress revamped the Department of Defense (DoD)’s organization. The resulting law, the Goldwater-Nichols Act, formed two militaries within the DoD that endure to this day. These two militaries – the operational military and the administrative military – were once opaque to the outside observer but have emerged from the shadows in light of recent conflicts. The operational military remains the ...


The Politics Of Wounds, Jonathan Nash Aug 2018

The Politics Of Wounds, Jonathan Nash

Electronic Thesis and Dissertation Repository

What configuration of strategies and discourses enable the white male and settler body politic to render itself as simultaneously wounded and invulnerable? I contextualize this question by reading the discursive continuities between Euro-America’s War on Terror post-9/11 and Algeria’s War for Independence. By interrogating political-philosophical responses to September 11, 2001 beside American rhetoric of a wounded nation, I argue that white nationalism, as a mode of settler colonialism, appropriates the discourses of political wounding to imagine and legitimize a narrative of white hurt and white victimhood; in effect, reproducing and hardening the borders of the nation-state. Additionally ...


Citizens United As Bad Corporate Law, Leo E. Strine Jr., Jonathan Macey Aug 2018

Citizens United As Bad Corporate Law, Leo E. Strine Jr., Jonathan Macey

Faculty Scholarship

In this Article we show that Citizens United v. FEC, arguably the most important First Amendment case of the new millennium, is predicated on a fundamental misconception about the nature of the corporation. Specifically, Citizens United v. FEC, which prohibited the government from restricting independent expenditures for corporate communications, and held that corporations enjoy the same free speech rights to engage in political spending as human citizens, is grounded on the erroneous theory that corporations are “associations of citizens” rather than what they actually are: independent legal entities distinct from those who own their stock. Our contribution to the literature ...


The Tao Of The Dao: Taxing An Entity That Lives On A Blockchain, David J. Shakow Aug 2018

The Tao Of The Dao: Taxing An Entity That Lives On A Blockchain, David J. Shakow

Faculty Scholarship

In this report, Shakow explains how a decentralized autonomous organization functions and interacts with the U.S. tax system and presents the many tax issues that these structures raise. The possibility of using smart contracts to allow an entity to operate totally autonomously on a blockchain platform seems attractive. However, little thought has been given to how such an entity can comply with the requirements of a tax system. The DAO, the first major attempt to create such an organization, failed because of a programming error. If successful examples proliferate in the future, tax authorities will face significant problems in ...


Alternative Financial Services And Health Status In U.S. Metropolitan Statistical Areas, Courtney Hundley, Richard W. Wilson 8520196, John Chenault Aug 2018

Alternative Financial Services And Health Status In U.S. Metropolitan Statistical Areas, Courtney Hundley, Richard W. Wilson 8520196, John Chenault

Journal of Health Disparities Research and Practice

Abstract

Alternative financial services (AFS) such as, payday lenders, pawn brokers, tax refund loans, and check cashers are more prevalent in minority and lower income neighborhoods. These are neighborhoods also found to have disparities in health, compared to more affluent neighborhoods and communities. The focus of this paper is to determine if any relationship exists between use of AFS and health disparities.

Using data from a survey performed by the Federal Deposit Insurance Corporation (FDIC), we compared four banking variables to several measures of health for 85 metropolitan statistical areas (MSA) across the nation. The four banking variables all related ...


Holding Ridesharing Companies Accountable In Texas, Martha Alejandra Salas Aug 2018

Holding Ridesharing Companies Accountable In Texas, Martha Alejandra Salas

St. Mary's Law Journal

Abstract forthcoming


The Effect Of Proposed Changes In Federal Public Charge Policy On Latino U.S. Citizen Children In Massachusetts, Fabián Torres-Ardila, Phillip Granberry, Iris Gómez, Vicky Pulos Aug 2018

The Effect Of Proposed Changes In Federal Public Charge Policy On Latino U.S. Citizen Children In Massachusetts, Fabián Torres-Ardila, Phillip Granberry, Iris Gómez, Vicky Pulos

Gastón Institute Publications

We estimate the number of U.S.-born Latino children that could be potentially affected by proposed Trump Administration changes greatly expanding the scope of the “public charge” test as a basis for denying noncitizens admission to the U.S. or adjustment to lawful permanent resident status. In addition to reducing family-based immigration, the proposed rule’s association of public benefits with adverse immigration consequences is widely expected to cause a drop in public benefit participation not just by noncitizens but by their U.S. citizen children as well. If this proposed change is implemented, Latino families – which include both ...


The Salience Theory Of Consumer Financial Regulation, Natasha Sarin Aug 2018

The Salience Theory Of Consumer Financial Regulation, Natasha Sarin

Faculty Scholarship

Prior to the financial crisis, banks’ fee income was their fastest-growing source of revenue. This revenue was often generated through nefarious bank practices (e.g., ordering overdraft transactions for maximal fees). The crisis focused popular attention on the extent to which current regulatory tools failed consumers in these markets, and policymakers responded: A new Consumer Financial Protection Bureau was tasked with monitoring consumer finance products, and some of the earliest post-crisis financial reforms sought to lower consumer costs. This Article is the first to empirically evaluate the success of the consumer finance reform agenda by considering three recent price regulations ...


Behavioral Finance, Decumulation And The Regulatory Strategy For Robo-Advice, Tom Baker, Benedict Dellaert Jul 2018

Behavioral Finance, Decumulation And The Regulatory Strategy For Robo-Advice, Tom Baker, Benedict Dellaert

Faculty Scholarship

This working paper surveys the decumulation services offered by investment robo-advisors as a case study with which to examine regulatory and market structure issues raised by automated financial advice. We provide a short introduction to decumulation, describing some of the uncertainties involved in identifying optimal decumulation strategies and sketching a few of the ‘rules of thumb’ that financial advisors have developed in this area in the face of this uncertainty. Next we describe behavioral effects that could inhibit consumers from following an optimal decumulation strategy, concluding that, left to their own devices, consumers are likely to make sub-optimal decumulation decisions ...


U.S. Government Aviation Safety Information Resources, Bert Chapman Jul 2018

U.S. Government Aviation Safety Information Resources, Bert Chapman

Libraries Faculty and Staff Presentations

Presentation covering U.S. Government aviation safety information resources. Topics addressed include U.S. laws,legislation, regulations, court cases, information resources from agencies such as the Federal Aviation Administration, Transportation Security Administration, National Aeronautics and Space Administration, congressional aviation oversight committees and congressional support agencies including the Congressional Budget Office, Congressional Research Service, and Government Accountability Office.


Legislation Committee Charge, Legislation Committee Summit For Civil Rights Jul 2018

Legislation Committee Charge, Legislation Committee Summit For Civil Rights

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


The Economics Of Immigration Reform, Howard F. Chang Jul 2018

The Economics Of Immigration Reform, Howard F. Chang

Faculty Scholarship

In this article, I draw upon economic theory and recent empirical work on the economic and fiscal effects of immigration to evaluate some recent proposals for immigration reform in terms of their effects on the economic welfare of natives in the United States. In particular, I consider the Reforming American Immigration for a Strong Economy (RAISE) Act, a bill that would cut immigration to half of its current level. President Donald Trump has endorsed the RAISE Act and has insisted that many of its provisions be part of any legislation legalizing the status of unauthorized immigrants granted relief under the ...


Recommended Corrective Security Measures To Address The Weaknesses Identified Within The Shapash Nuclear Research Institute, Khadija Moussaid, Oum Keltoum Hakam Jun 2018

Recommended Corrective Security Measures To Address The Weaknesses Identified Within The Shapash Nuclear Research Institute, Khadija Moussaid, Oum Keltoum Hakam

International Journal of Nuclear Security

The Shapash Nuclear Research Institute (SNRI) data book was issued by the International Atomic Energy Agency (IAEA) in 2013. The hypothetical facility data book describes the hypothetical site, which is divided into two areas: the low-security area, known as the administrative area, and the very high-security area, known as the protected area. The book contains detailed descriptions of each area’s safety and security measures, along with figures of multiple buildings in both areas, and also includes information about the site’s computer networks.

This paper aims to identify security weaknesses related to the institute’s location, the Administrative Area ...


Marginal Rates Under The Tcja, Reed Shuldiner Jun 2018

Marginal Rates Under The Tcja, Reed Shuldiner

Faculty Scholarship

In this report, Shuldiner argues that although the Tax Cuts and Jobs Act appears to offer an across-the board reduction in individual marginal tax rates augmented by an additional 20 percent reduction in rates on unincorporated business income, the situation is significantly more complex.


Is Antitrust's Consumer Welfare Principle Imperiled?, Herbert J. Hovenkamp Jun 2018

Is Antitrust's Consumer Welfare Principle Imperiled?, Herbert J. Hovenkamp

Faculty Scholarship

Antitrust’s consumer welfare principle stands for the proposition that antitrust policy should encourage markets to produce output as high as is consistent with sustainable competition, and prices that are accordingly as low. Such a policy does not protect every interest group. For example, it opposes the interests of cartels or other competition-limiting associations who profit from lower output and higher prices. It also runs counter to the interest of less competitive firms that need higher prices in order to survive. Market structure is relevant to antitrust policy, but its importance is contingent rather than absolute – that is, market structure ...