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Full-Text Articles in Law

Master’S Project: Vermont Town Forest Recreation Planning And Community Assistance Program: The Future Of Forest-Based Outdoor Recreation, Taylor M. Luneau Jan 2019

Master’S Project: Vermont Town Forest Recreation Planning And Community Assistance Program: The Future Of Forest-Based Outdoor Recreation, Taylor M. Luneau

Rubenstein School Masters Project Publications

The Vermont Town Forest Recreation Planning Community Assistance Program (VTFRP) was a comprehensive community planning process held in ten diverse towns across Vermont. Led by the Urban and Community Forestry Program and the SE Group, the VTFRP helped towns develop a vision for the future management of their forests through open house workshops, site visits, steering committee meetings, and community surveys. The process provided towns with a forest recreation planning toolkit and an individualized action-based forest stewardship and recreation plan. By analyzing data from the community surveys and open house activities across all ten towns, my project considered the recreation ...


I Could Turn You To Stone: Indigenous Blockades In An Age Of Climate Change, Patrick C. Canning Dec 2018

I Could Turn You To Stone: Indigenous Blockades In An Age Of Climate Change, Patrick C. Canning

The International Indigenous Policy Journal

Indigenous Peoples in Canada and around the world have, for years, used blockades and direct action when alternative means of asserting their rights have failed. The Secwépemc First Nation of British Columbia, Canada, has a myth where a character, Sk’elép, encounters strangers who try to “transform” him, but fail. He tells them he could turn them to stone, but he will not. This myth is used as a lens to reflect, from a settler perspective, on the potential for future Indigenous-led blockades, which could reach the point of mass economic shutdowns, in response to a lack of action on ...


Tall Tales Of Danger And Security: How A Critical Human Security Approach Can Address Major Contradictions Revealed Through A Critical Narrative Analysis Of Dominant U.S. Security Strategies, Stephen Schneider Dec 2018

Tall Tales Of Danger And Security: How A Critical Human Security Approach Can Address Major Contradictions Revealed Through A Critical Narrative Analysis Of Dominant U.S. Security Strategies, Stephen Schneider

Master's Theses

Over many generations, humans have developed many perspectives and practices regarding the best ways to recognize and address what they perceive to be dangerous. Stories are used to help shape and narrate perceptions about the world, and they serve to pass on vital information that impacts how a society responds to threats and vulnerabilities. These narratives of danger and security are subjective to the experiences and political intentions of society, and therefore in many ways are partial and biased in their assessments and policies. This results in flawed security practices that may actually exacerbate threats or create new insecurities. What ...


Certainty Vs. Flexibility In The Conflict Of Laws, Kermit Roosevelt Iii Dec 2018

Certainty Vs. Flexibility In The Conflict Of Laws, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

Traditional choice of law theory conceives of certainty and flexibility as opposed values: increase one, and you inevitably decrease the other. This article challenges the received wisdom by reconceptualizing the distinction. Rather than caring about certainty or flexibility for their own sake, it suggests, we care about them because each makes it easier to promote a certain cluster of values. And while there may be a necessary tradeoff between certainty and flexibility, there is no necessary tradeoff between the clusters of values. It is possible to improve a choice of law system with regard to both of them. The article ...


Ten Years Of Economic Analyses For The European Marine Strategy Framework Directive: Overview Of Experiences And Lessons Learned, Rob Van Der Veeren, Ann Kathrin Buchs, Günter Hörmandinger, Soile Oinonen, Conceição Santos, Max Vretborn Dec 2018

Ten Years Of Economic Analyses For The European Marine Strategy Framework Directive: Overview Of Experiences And Lessons Learned, Rob Van Der Veeren, Ann Kathrin Buchs, Günter Hörmandinger, Soile Oinonen, Conceição Santos, Max Vretborn

Journal of Ocean and Coastal Economics

The European Marine Strategy Framework Directive, which came into force in 2008, requires from Member States inter alia to perform various (types of) economic analyses. In order to help Member States to implement this directive, the European working group on Economic and Social Analysis was initiated in 2009. This working group has developed various guidance documents which have been very useful in helping each other to understand the Directive and its requirements, to develop one language, to understand the pros and cons of various approaches, and to share experiences. However, up until now, outside of this working group this information ...


The Effects Of Holistic Defense On Criminal Justice Outcomes, James Anderson, Maya Buenaventura, Paul Heaton Nov 2018

The Effects Of Holistic Defense On Criminal Justice Outcomes, James Anderson, Maya Buenaventura, Paul Heaton

Faculty Scholarship at Penn Law

No abstract provided.


Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad Nov 2018

Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad

Faculty Scholarship at Penn Law

The article is the first to take an inclusive look at the monumental problem of crime exposure during childhood, which is estimated to be one of the most damaging and costly public health and public safety problem in our society today. It takes-on the challenging task of ‘naming’ the problem by coining the term Comprehensive Childhood Crime Impact or in short the Triple-C Impact. Informed by scientific findings, the term embodies the full effect of direct and indirect crime exposure on children due to their unique developmental characteristics, and the spillover effect the problem has on our society as a ...


Prophylactic Merger Policy, Herbert J. Hovenkamp Nov 2018

Prophylactic Merger Policy, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

An important purpose of the antitrust merger law is to arrest certain anticompetitive practices or outcomes in their “incipiency.” Many Clayton Act decisions involving both mergers and other practices had recognized the idea as early as the 1920s. In Brown Shoe the Supreme Court doubled down on the idea, attributing to Congress a concern about a “rising tide of economic concentration” that must be halted “at its outset and before it gathered momentum.” The Supreme Court did not explain why an incipiency test was needed to address this particular problem. Once structural thresholds for identifying problematic mergers are identified there ...


Creating A Workplace Culture Of Civility And Respect: Preventing Unlawful Harassment And Discrimination, Rose Davenport Nov 2018

Creating A Workplace Culture Of Civility And Respect: Preventing Unlawful Harassment And Discrimination, Rose Davenport

Shared Knowledge Conference

This research project identifies a plan to study best practices addressing unlawful workplace harassment and discrimination in New Mexico-based hospital healthcare systems. Initially, this project focusses on Presbyterian Healthcare Services and the University of New Mexico Hospital, with the possibility of including other local healthcare systems. In light of recent developments from “#MeToo” and “Time’s Up” movements, the issues of unlawful sexual harassment and discrimination are hot topics in today’s society and need to be more openly addressed by all levels of an organization, in order to identify these issues head-on and hopefully prevent them from continuing to ...


Enhancing Your Intelligence Agency Information Resource Iq: Pt. 4: National Geospatial Intelligence Agency (Ngia), National Intelligence University (Niu), And National Reconnaissance Office (Nro), Bert Chapman Nov 2018

Enhancing Your Intelligence Agency Information Resource Iq: Pt. 4: National Geospatial Intelligence Agency (Ngia), National Intelligence University (Niu), And National Reconnaissance Office (Nro), Bert Chapman

Libraries Faculty and Staff Presentations

Webinar presentation on publicly accessible information resources produced by the U.S. National Geospatial Intelligence Agency (NGIA), National Intelligence University (NIU), and National Reconnaissance Office. Places significant emphasis on missions of these agencies, their historical accomplishments, coverage of their educational activity, and information on the technologies they have used and are currently using to fulfill their institutional objectives.


The Impact Of Ballast Water Management Convention On Seafarers Work Practices, Phanuwat Phiwphan Nov 2018

The Impact Of Ballast Water Management Convention On Seafarers Work Practices, Phanuwat Phiwphan

World Maritime University Dissertations

No abstract provided.


Both Victim And ‘Perpetrator’: Finding A Voice Before Inquiries Into Historical Abuse In Out-Of-Home Care [Accepted Manuscript], Shurlee L. Swain Professor Nov 2018

Both Victim And ‘Perpetrator’: Finding A Voice Before Inquiries Into Historical Abuse In Out-Of-Home Care [Accepted Manuscript], Shurlee L. Swain Professor

Faculty of Education and Arts Publications

No abstract provided.


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

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

Faculty Scholarship at Penn Law

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 ...


Legislative Committee Systems: A Design Perspective, Chase Stoddard Oct 2018

Legislative Committee Systems: A Design Perspective, Chase Stoddard

Indiana Journal of Constitutional Design

Committees are the defining characteristic of the modern legislature. While the centrality and study of party politics goes back further than committee politics, the focus on committee systems emerged over the course of the twentieth century, and legislatures could not function as we understand them without this mechanism. The United States Congressional committee system is the most studied system, yet virtually every country utilizes a committee system of some sort within its legislature. Despite their ubiquity in and centrality to the operations of legislatures, committees remain insufficiently studied, especially outside of the United States. The existing body of work tends ...


Hiring Workers With Disabilities Makes Sense Whether The Job Market Is Hot Or Cold, Kathleen A. Petkauskos Oct 2018

Hiring Workers With Disabilities Makes Sense Whether The Job Market Is Hot Or Cold, Kathleen A. Petkauskos

Commonwealth Medicine Publications

The U.S. Department of Labor released its latest report in September, and it was more of the same. Unemployment remained at 3.9 percent, where it has hovered for much of the year, but there was a shift for one key demographic.

After decades of struggle, workers with disabilities are beginning to move the needle, outpacing the employment gains of people without disabilities. In August 2018, the employment-to-population ratio for working-age people with disabilities jumped to 30.2 percent from 29.5 percent the year before. The labor force participation rate for working-age people with disabilities also increased, rising ...


Legalization Of Physician-Assisted Suicide For Increased Patient Autonomy, Morgan Mcenroe Oct 2018

Legalization Of Physician-Assisted Suicide For Increased Patient Autonomy, Morgan Mcenroe

Religion: Student Scholarship & Creative Works

This essay features an assessment of the various factors which play into the argument for legalization of physician-assisted suicide (PAS) in the United States for increased patient autonomy. Arguments for legalization of PAS as a means of end-of-life care remain separate from voluntary euthanasia. National legalization of PAS, for this fundamental principle of hospice care, is necessary to allow a choice to those in their final stages of life of how they wish to leave. If the values of PAS advocates are maximization of autonomy and minimization of suffering, then it follows that the chronically depressed, as well as patients ...


Utilization Management Programs Are Critical For Effective Mltss Programs, Jessica Carpenter Oct 2018

Utilization Management Programs Are Critical For Effective Mltss Programs, Jessica Carpenter

Commonwealth Medicine Publications

When discussing an efficient managed long-term services and supports (LTSS) program, the importance of a utilization management program cannot be overlooked. It’s a way to not only ensure individuals receive the high-quality services they need, but also realize substantial cost savings for payers.


Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang Oct 2018

Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang

Faculty Scholarship at Penn Law

Our aim in this essay is to leverage archival research, data and theoretical perspectives presented in our book, Rights and Retrenchment: The Counterrevolution against Federal Litigation, as a means to illuminate the prospects for retrenchment in the current political landscape. We follow the scheme of the book by separately considering the prospects for federal litigation retrenchment in three lawmaking sites: Congress, federal court rulemaking under the Rules Enabling Act, and the Supreme Court. Although pertinent data on current retrenchment initiatives are limited, our historical data and comparative institutional perspectives should afford a basis for informed prediction. Of course, little in ...


A View Of The Drug Pricing Blueprint, Bonnie C. Greenwood Sep 2018

A View Of The Drug Pricing Blueprint, Bonnie C. Greenwood

Commonwealth Medicine Publications

Drug spend is predicted to experience the fastest annual growth between 2017-2026 compared to other health care goods and services.Contributing factors include increasing unit prices of branded and generic medications, growth of the specialty drug market, and greater numbers of people with access to prescription drug coverage. A recent analysis estimates total drug expenditures in 2016 to be $480 billion when accounting for gross profits of intermediaries in the distribution chain, such as wholesalers, pharmacy benefit managers (PBMs), and pharmacies. Certainly, the complexity of the drug distribution and reimbursement system and lack of pricing transparency can be viewed both ...


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 ...