Law Commons^™

Safety & Risk Management News - December 2019, Otterbein University

Otterbein Police Department

No abstract provided.

The Torch (December 2019), Crtp

Torch: The Civil Rights Team Project Newsletter

Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity

Examining Racial & Ethnic Disparities In The Reach Of The Medicare Shared Savings Program, Lindsey Arneson

Capstone Experience

It is important to understand the quality of health care for racial and ethnic minorities covered under the largest U.S. government-run insurance program, Medicare, because the demographics of the U.S. are becoming older and more diverse. A new value-based program under Medicare is the Shared Savings Program (MSSP), which creates incentives to improve care quality and health outcomes for Medicare beneficiaries with a specific focus on increasing the provision of preventive care services. This capstone project aims to understand the representation of racial/ethnic minority Medicare beneficiaries, namely African Americans/Blacks and Hispanics/Latinxs, that receive care from providers or facilities (i.e., Accountable …

Money Laundering In The Commercial Sex Market In The United States, Youngbee Dale

Dignity: A Journal of Analysis of Exploitation and Violence

This paper describes money laundering techniques used by different criminal organizations operating in the U.S. sex market. Prior to this study, scholars have not investigated money laundering techniques used in the U.S. sex market in a comprehensive manner. This paper describes and categorizes methods used for money laundering. It discusses the similarities and differences in money laundering techniques in the U.S. sex markets. Current challenges to combating money laundering are reviewed and recommendations are made to strengthen the ongoing fight against money laundering in the U.S. sex markets.

Foreword, James Holmes

New England Journal of Public Policy

The International Communities Organisation (ICO) is a self-determination research and innovation center and a not-for-profit organization based in London. Guided by its vision of self-determination and the values of development and human rights, ICO aims to empower communities. It strives to foster an environment where organizations within these communities can overcome the barriers they face, allowing them to fulfill their potential and develop and create positive change for their local communities through local action, collaboration, and decision making.

To enhance our vision and our credibility as an international organization that works for peoples, we organized the February 2019 London conference …

European Union Integration And National Self-Determination, Mare Ushkovska

New England Journal of Public Policy

Recent demands for secession in several EU member states bring the issue of self-determination to the forefront of the debate about the future of the European Union. This article explores the European Union’s attitudes toward the international right to self-determination in the context of the rising salience of the greater political union between member states. The focus of the European project, in direct contrast to the glorification of nationhood, is on consensual decision-making rather than sovereignty, making self-determination obsolete in a reality of EU integration. This research finds that recognition of, or references to, the right to self-determination of peoples …

Editor’S Note, Padraig O’Malley

New England Journal of Public Policy

The articles in this issue of the New England Journal of Public Policy have their origins in presentations at a Chatham House conference titled “Rethinking Self-Determination,” February 2019, hosted by the International Communities Organization and the journal.

Among the many aspects of self-determination they address: the elasticity of the concept as a human right in the context of “peoples” (Freeman); individual rights versus collective self-determination (Summers); Biafra as an early case of internal self-determination—the territorial integrity of the state and the right of secession when “the right of a people to participate in the decision-making processes of a country is …

The Right Of Peoples To Self-Determination In Article 1 Of The Human Rights Covenants As A Claimable Right, James Summers

New England Journal of Public Policy

This article looks at the potential for individual communications under common article 1 of the Human Rights Covenants, in particular, under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. It first outlines the problems posed by the drafting of common article 1, in particular, the identity of peoples. It then considers how individuals might be able to claim peoples’ rights through representation and the collectivization of individual rights.

Raising Indigenous Women’S Voices For Equal Rights And Self-Determination, Grazia Redolfi, Nikoletta Pikramenou, Rosario Grimà Algora

New England Journal of Public Policy

The United Nations Declaration on the Rights of Indigenous Peoples states that the right to self-determination for Indigenous peoples involves their having the right to freely determine their political status and freely pursue their economic, social, and cultural development. The implementation of this right is linked to the ability and freedom to participate in any decision making that relates to their development. Current laws and practices are considered “unfair to women,” because they sustain traditional and customary patriarchal attitudes that marginalize Indigenous women and exclude them from decision-making tables and leadership roles. Despite the many challenges Indigenous women face in …

Communicative Justice And Reconciliation In Canada, Alice Neeson

New England Journal of Public Policy

Communicative justice co-exists with other dimensions of justice and emphasizes the importance of fair communicative practices, particularly after periods of direct or structural violence. While intercultural dialogue is often assumed to be a positive, or even necessary, part of reconciliation processes, there are questions to be asked about the ethicality of dialogue when one voice has been silenced, misrepresented, and ignored for decades. This article draws on twelve months of ethnographic research with reconciliation activists and organizations in Canada and considers the potential for communicative flows to help compensate for structural inequalities during processes of reconciliation.

Self-Determination And Psychological Adaptation In Forcibly Displaced People, Numan Turan, Bediha İpekçi, Mehmet Yalçın Yılmaz

New England Journal of Public Policy

According to the UN Refugee Agency, as of 2018 approximately 70 million people were forcibly displaced because of intrastate and interstate conflicts. A majority of those people endured significant hardships, and a consensus is growing among researchers that forcibly displaced people have gone through potentially traumatic experiences that challenge their well-being and health. Consequently, a large amount of research focuses on their mental health concerns, whereas research focusing on their will to normalize their lives and grow after a traumatic migration is scarce. In this article, we highlight the efforts by forcibly displaced people to normalize their lives, pointing out …

Climate Change And Human Rights: Shaping The Narrative For Reflexive Responses From Civilization’S Leadership To Counter And Abate Climate Change And Enhance The Role Of Human Rights In The Rule Of Law, Michael Donlan

New England Journal of Public Policy

This article offers a bold new legal process for enhancing and upgrading the rule of law to enable civilization to cope with and counter the mounting damage and injustice caused by climate change. Climate change, once an unimaginable threat, is now a brutal, ubiquitous game changer that is leading inexorably to the demise of all humanity. Only by enhancing the rule of law and melding international law with domestic law can civilization fashion a coherent, global action plan for survival.

For almost three centuries greenhouse gases have been emitted around the world by the burning of fossil fuel, and—most alarming—these …

Prevention And Protection Interventions For Stateless Non-Refugee And Force Displaced Children, Tanya Herring

New England Journal of Public Policy

This article advances a general theory of law and justice that would expand the Palermo Trafficking and Smuggling Protocols to a wider application in human rights jurisprudence. The aim of the research reported here is to close the gaps in member-state policy and scholarship that addresses prevention measures and protection mechanisms for forcibly displaced children seeking self-determination in states that have not ratified the UN Convention on Refugees and the UN Conventions on Statelessness. The research is based on the premise that a stateless nonrefugee status constructs an extremely vulnerable state for children during forced migration and when they are …

The Right To Self-Determination: Philosophical And Legal Perspectives, Michael Freeman

New England Journal of Public Policy

Why do we need to rethink self-determination? In this article I argue that self-determination is a necessary feature of the human condition and a human right but that it is in part illusory and is potentially dangerous. We need to rethink self-determination because our collective thinking has been very confused, and bad thinking about self-determination costs many lives.

Finding Foreign Friends: National Self-Determination And Related Norms As Strategic Resources During The Biafran War For Independence, 1967–1970, Christopher Brucker

New England Journal of Public Policy

The study analyzes how the government of the Republic of Biafra used international norms to win foreign support during its 1967–1970 campaign to secede from Nigeria. Secession conflicts occur at the intersection of international and domestic politics. For independence movements, support from outside is crucial. But, as Bridget Coggins has asked, how can secession movements find “friends in high places”? International support for unilateral secession attempts is strictly prohibited. Domestic and international asymmetry are limiting secessionist foreign policy instruments to intangible means. Legitimacy is a central concept to illuminate the phenomenon. In international politics, legitimacy depends on the external perception …

Language, Indigenous Peoples, And The Right To Self-Determination, Noelle Higgins, Gerard Maguire

New England Journal of Public Policy

Language has always played a significant role in the colonization of peoples as an instrument of subjugation and homogenization. It has been used to control nondominant groups, including Indigenous peoples, often leading to their exclusion or assimilation. Many Indigenous groups, however, use language as a tool to connect the members of their community, to assert their group identity, and to preserve their culture. Thus, language has been used both as a means of oppression and as a mobilizer of Indigenous groups in their struggles for national recognition. Recognizing the significance of language in the identity and culture of Indigenous peoples, …

Awareness Of Sex Offender Registration Policies And Self-Reported Sexual Offending In A Community Sample Of Adolescents, Cynthia J. Najdowski, Hayley M. D. Cleary

Psychology Faculty Scholarship

Sex offender registration laws are widely implemented, increasingly restrictive, and intended to serve both specific and general deterrent functions. Most states have some form of policy mechanism to place adolescents on sex offender registries, yet it remains unclear whether adolescents possess the requisite policy awareness to be deterred from sexual offending. This study examined awareness of sex offender registration as a potential sanction and its cross-sectional association with engagement in several registrable sexual behaviors (sexting, indecent exposure, sexual solicitation, and forcible touching) in a community sample of 144 adolescents. Results revealed that many adolescents were unaware that these behaviors could …

European Banking Union D: Cross-Border Resolution—Dexia Group, Rosalind Z. Wiggins, Natalia Tente, Andrew Metrick

Journal of Financial Crises

In September 2008, Dexia Group, SA, the world’s largest provider of public finance, experienced a sudden liquidity crisis. In response, the governments of Belgium, France, and Luxembourg provided the company a capital infusion and credit support. In February 2010, the company adopted a European Union (EU)-approved restructuring plan that required it to scale back its businesses and cease proprietary trading. In June 2011, Dexia withdrew from the government-sponsored credit support program before its expiration date, and in July, the company announced that it had passed an EU stress test. However, just three months later, Dexia wrote down its substantial position …

European Banking Union C: Cross-Border Resolution–Fortis Group, Rosalind Z. Wiggins, Natalia Tente, Andrew Metrick

Journal of Financial Crises

In August 2007, Fortis Group, Belgium’s largest bank, acquired the Dutch operations of ABN AMRO, becoming the fifth largest bank in Europe. Despite its size and its significant operations in the Benelux countries, Fortis struggled to integrate ABN AMRO. Fortis’s situation worsened with the crash of the US subprime market, which impacted its subprime mortgage portfolio. By July 2008, Fortis’s CEO had stepped down, its stock had lost 70% of its value, and it was on the verge of collapse due to a severe liquidity crisis. The governments of Belgium, Luxembourg, and the Netherlands quickly came together and agreed to …

European Banking Union A: The Single Supervisory Mechanism, Rosalind Z. Wiggins, Michael Wedow, Andrew Metrick

Journal of Financial Crises

At the peak of the Global Financial Crisis in fall 2008, each of the 27 member states in the European Union (EU) set many of its own banking rules and had its own bank regulators and supervisors. The crisis made the shortcomings of this decentralized approach obvious, and since its formation in January 2011, the European Banking Authority (EBA) has been developing a “Single Rulebook” that will harmonize banking rules across the EU countries. In June 2012, European leaders went even further, committing to a banking union that would better coordinate supervision of banks in the then 18-country Eurozone. A …

European Central Bank Tools And Policy Actions B: Asset Purchase Programs, Chase P. Ross, Rosalind Z. Wiggins, Andrew Metrick

Journal of Financial Crises

Beginning in August 2007, the European Central Bank (ECB) used standard and non-standard monetary policies as the global financial markets progressed from initial turmoil to a widespread sovereign debt crisis. This case describes the key features of the ECB’s asset purchase programs throughout the Global Financial Crisis and subsequent European sovereign debt crisis. These programs include the Covered Bond Purchase Programs (CBPP1, CBPP2, CBPP3), Securities Markets Program (SMP), Outright Monetary Transactions (OMT), Asset-backed Securities Purchase Program (ABSPP) and the Public Sector Purchase Program (PSPP).

In combating the crises, the ECB designed various innovative programs which it successively employed as the …

European Central Bank Tools And Policy Actions A: Open Market Operations, Collateral Expansion And Standing Facilities, Chase P. Ross, Rosalind Z. Wiggins, Andrew Metrick

Journal of Financial Crises

Beginning in August 2007, the European Central Bank (ECB) responded to market turmoil with a variety of standard and non-standard monetary policy tools. This case discusses the operational framework of the ECB’s open market operation tools and standing facilities before and during the financial crisis. Specifically, this case describes the ECB’s use of its main refinancing and longer-term refinancing operations, the expansion of collateral eligible for use in Eurosystem credit operations, and the ECB’s standing facilities, including its marginal lending and deposit facilities.

Ireland And Iceland In Crisis D: Similarities And Differences, Arwin G. Zeissler, Daisuke Ikeda, Andrew Metrick

Journal of Financial Crises

On September 29, 2008—two weeks after the collapse of Lehman Brothers—the government of Ireland took the bold step of guaranteeing almost all liabilities of the country’s major banks. The total amount guaranteed by the government was more than double Ireland’s gross domestic product, but none of the banks were immediately nationalized. The Icelandic banking system also collapsed in 2008, just one week after the Irish government issued its comprehensive guarantee. In contrast to the Irish response, the Icelandic government did not guarantee all bank debt. Instead, the Icelandic government controversially split each of the three major banks into a new …

Ireland And Iceland In Crisis C: Iceland’S Landsbanki Icesave, Arwin G. Zeissler, Thomas Piontek, Andrew Metrick

Journal of Financial Crises

At year-end 2005, almost all of the total assets of Iceland’s banking system were concentrated in just three banks (Glitnir, Kaupthing, and Landsbanki). These banks were criticized by certain financial analysts in early 2006 for being overly dependent on wholesale funding, much of it short-term, that could easily disappear if creditors’ confidence in these banks faltered for any reason. Landsbanki, followed later by Kaupthing and then Glitnir, responded to this criticism and replaced part of their wholesale funding by using online accounts to gather deposits from individuals across Europe. In Landsbanki’s case, these new deposits were marketed under the name …

Ireland And Iceland In Crisis B: Decreasing Loan Loss Provisions In Ireland, Arwin G. Zeissler, Andrew Metrick

Journal of Financial Crises

All public companies in the European Union, including Ireland’s major banks, were required to adopt IAS 39 for their annual accounting periods beginning on or after January 1, 2005. Under the “incurred loss” model of IAS 39, banks could set aside reserves for loan losses only when objective evidence existed that a loan was impaired, not in anticipation of future losses. As a result, Irish banks saw their aggregate reserve for bad loans drop from 1.2% of loan balances at the end of 2000 to only 0.4% by 2006-07, just before the collapse of the banking industry caused loan losses …

Ireland And Iceland In Crisis A: Increasing Risk In Ireland, Arwin G. Zeissler, Karen Braun-Munzinger, Andrew Metrick

Journal of Financial Crises

Ireland went from being the poorest member of the European Economic Community in 1973 to enjoying the second highest per-capita income among European countries by 2007. Healthy growth in the 1990s eventually gave way to a concentrated boom in property-related lending in the 2000s. The growth in the aggregate loan balances of Ireland’s six major banks greatly exceeded the growth in gross domestic product (GDP); as a result, bank loan balances grew from 1.1 times GDP in 2000 to over 2.0 times GDP by 2007. Given the small size of the domestic retail depositor base, the Irish banks increasingly funded …

Educating Strategic Lieutenants At West Point, Scott A. Silverstone

The US Army War College Quarterly: Parameters

This article argues West Point responded to the changing strategic environment from the end of the Cold War through the post-9/11 period by innovating its curriculum. Over the past several decades, however, the academy’s educational model has remained remarkably stable, rooted in an enduring commitment to a rigorous liberal education as the best preparation for officers confronting the inherent uncertainties of future wars.

Norway's Lessons, Harald Hoiback

The US Army War College Quarterly: Parameters

This article argues Norway’s minor role in the Afghanistan War (2001–14) included opportunities to learn about the evolution of military deployments over the course of a prolonged counterinsurgency-focused conflict, the civilian and military dynamics, and the political challenges of contributing to such a conflict.

Making The War Colleges Better, Richard A. Lacquement Jr

The US Army War College Quarterly: Parameters

No abstract provided.

Denmark's Lessons, Sten Rynning

The US Army War College Quarterly: Parameters

This article argues despite opportunities to learn valuable strategic lessons from Denmark’s effort in the Afghanistan War (2001–14), Danish civil authorities implemented a comprehensive approach policy that failed to establish a bridge to lessons learned by the military. Denmark’s experience in the Afghanistan War demonstrates promises and perils of lessons learned processes.