Law Commons^™

The Underwater: Using Art To Engage Communities Around Climate Action, Xavier Cortada

University of Miami Law Review

This Article delves into the intersection of art and environmental activism, with a focus on the impact of climate change. Cortada, both an artist and trained attorney, re-counts his three-decade journey leveraging art to inspire community engagement and address social and environmental challenges. He explains how Antarctic researchers made him aware of South Florida's vulnerability to sea level rise, leading to the development of interactive art projects that foster civic engagement and climate advocacy. The Article also addresses the challenges posed by climate denial and misinformation, emphasizing the need for creative strategies to combat these issues.

Cortada introduces specific participatory …

Why Equity Follows The Law, Adam J. Macleod

Faculty Articles

Renewed attention to equity in higher education is welcome because true equity helps us to reason together well. When administered correctly, the jurisprudence of equity models civil discourse and, therefore, can teach us how to carry out civic engagement reasonably. Equitable interpretation of the law teaches us how to understand each other charitably. And equity’s deference to law teaches us how to reason well together about our practical problems. Law is the practical reasoning that we do together. Equity serves the ends of justice by serving law, rather than undermining it. These functions of equity in adjudication point toward a …

Re-Imagining Local Governance: The Landscape Of "Local" In Toronto, Alexandra Elizabeth Flynn

PhD Dissertations

In 1997, the Province of Ontario formed the City of Toronto, amalgamating one regional and six small municipalities into a single city government. This action altered the formal institutions of local governance, replacing what was once regional with a City Council meant to represent city-wide issues, and without providing a clear model for local or smaller-than-city decision-making. The purpose of this dissertation is to conceptualize the meaning of local governance within the City of Toronto as a result of the overlap of wards (as represented by councillors), community councils, business improvement areas and neighbourhood associations, each of which claim geographical …

Writing The Law Developing The ‘Citizen Lawyer’ Identity Through Legislative, Statutory, And Rule Drafting Courses, Ann L. Schiavone

Ann Schiavone

The Problem With Words: Plain Language And Public Participation In Rulemaking, Cynthia R. Farina, Mary J. Newhart, Cheryl Blake

Cynthia R. Farina

This Article, part of the special issue commemorating the fiftieth anniversary of the Administrative Conference of the United States (“ACUS”), situates ACUS’s recommendations for improving public rulemaking participation in the context of the federal “plain language” movement. The connection between broader, better public participation and more comprehensible rulemaking materials seems obvious, and ACUS recommendations have recognized this connection for almost half a century. Remarkably, though, the series of presidential and statutory plain-language directives on this topic have not even mentioned the relationship of comprehensibility to participation until very recently. In 2012, the Office of Information and Regulatory Affairs (“OIRA”) issued …

Experiences And Perceptions Regarding Emergency Telephone Number Use Relative To Civic Engagement, Jacquetta Mccoy

Walden Dissertations and Doctoral Studies

Lack of engagement in public service awareness education programs, coupled with reduced funding to implement a diversion system such as 311 systems or 10-digit phone numbers, contribute to 911 misuse. Many local governments have invested in alternative systems, but research regarding community members' use of 911 or alternatives relative to civic engagement is lacking. Guided by Gordon's conceptualization of civic engagement, this phenomenological study bridged the gap in knowledge by exploring community members' civic involvement and their use of 911 between 2012 and 2015 in a county in the state of Georgia. A snowball sampling strategy was used to select …

The Problem With Words: Plain Language And Public Participation In Rulemaking, Cynthia R. Farina, Mary J. Newhart, Cheryl Blake

Cornell Law Faculty Publications

This Article, part of the special issue commemorating the fiftieth anniversary of the Administrative Conference of the United States (“ACUS”), situates ACUS’s recommendations for improving public rulemaking participation in the context of the federal “plain language” movement. The connection between broader, better public participation and more comprehensible rulemaking materials seems obvious, and ACUS recommendations have recognized this connection for almost half a century. Remarkably, though, the series of presidential and statutory plain-language directives on this topic have not even mentioned the relationship of comprehensibility to participation until very recently. In 2012, the Office of Information and Regulatory Affairs (“OIRA”) issued …

Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts, Cynthia R. Farina, Mary J. Newhart, Josiah Heidt

Cynthia R. Farina

An underlying assumption of many open government enthusiasts is that more public participation will necessarily lead to better government policymaking: If we use technology to give people easier opportunities to participate in public policymaking, they will use these opportunities to participate effectively. Yet, experience thus far with technology-enabled rulemaking (e-rulemaking) has not confirmed this “if-then” causal link. This Article considers how this flawed causal reasoning around technology has permeated efforts to increase public participation in rulemaking.

Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts, Cynthia R. Farina, Mary J. Newhart, Josiah Heidt

Cornell e-Rulemaking Initiative Publications

An underlying assumption of many open government enthusiasts is that more public participation will necessarily lead to better government policymaking: If we use technology to give people easier opportunities to participate in public policymaking, they will use these opportunities to participate effectively. Yet, experience thus far with technology-enabled rulemaking (e-rulemaking) has not confirmed this “if-then” causal link. This Article considers how this flawed causal reasoning around technology has permeated efforts to increase public participation in rulemaking.

The Value Of Words: Narrative As Evidence In Policymaking, Dmitry Epstein, Josiah Heidt, Cynthia R. Farina

Cornell Law Faculty Publications

Policymakers today rely primarily on statistical, financial, and other forms of technical data as their basis for decision-making. Yet, there is a potentially underestimated value in substantive reflections of the members of the public who will be affected by a particular piece of regulation. We discuss the value of narratives as input in the policy making process, based on our experience with Regulation Room–a product of an interdisciplinary initiative using innovative web technologies in real-time online experimentation. We describe professional policymakers and professional commenters as a community of practice that has limited shared repertoire with the lay members of the …

Not By Technology Alone: The “Analog” Aspects Of Online Public Engagement In Policymaking, Dmitry Epstein, Mary J. Newhart, Rebecca Vernon

Cornell e-Rulemaking Initiative Publications

Between Twitter revolutions and Facebook elections, there is a growing belief that information and communication technologies are changing the way democracy is practiced. The discourse around e-government and online deliberation is frequently focused on technical solutions and based in the belief that if you build it correctly they will come. This paper departs from the literature on digital divide to examine barriers to online civic participation in policy deliberation. While most scholarship focuses on identifying and describing those barriers, this study offers an in-depth analysis of what it takes to address them using a particular case study. Based in the …

Harvey Milk, Jane Roe, And James Brady: The Contribution Of The Civic To The Evolution Of Law, Palma Joy Strand

palma joy strand

The lack of civility in political discourse and asserted negative effects of that lack of civility have recently drawn an increasing amount of popular attention. At the same time, legal scholars have characterized law—especially constitutional law articulated by the Supreme Court—as the result of a dialogue between the Court and the people. This article links these discussions with a unified explanation of how civic discourse among ordinary citizens in the form of personal story-telling and story-listening grounds stable and sustainable law—especially law in areas of evolving social norms. The article uses three contemporary sociolegal movements—gay rights, abortion rights, and gun …

Full Participation: Building The Architecture For Diversity And Public Engagement In Higher Education, Susan P. Sturm, Timothy Eatman, John Saltmarsh, Adam Bush

Faculty Scholarship

This catalyst paper offers a conceptual framework for connecting a set of conversations about change in higher education that often proceed separately but need to be brought together to gain traction within both the institutional and national policy arenas. By offering a framework to integrate projects and people working under the umbrella of equity, diversity, and inclusion with those working under the umbrella of community, public, and civic engagement, we aim to integrate both of these change agendas with efforts on campus to address the access and success of traditionally underserved students. We also hope to connect efforts targeting students, …

Harvey Milk, Jane Roe, And James Brady: Why Civic Organizing Matters, Palma Joy Strand

palma joy strand

This Article presents a view of the civic underpinnings of law by examining how civic interaction or the lack of such interaction facilitates or inhibits sociolegal change. The Article begins with empirical observations of civic experience and engagement, which ground more general conclusions about the importance of civic relationships and civic networks as well as the way personal stories contribute to the creation of both. The Article then applies these conclusions to three currently contentious and unsettled issues: gay rights, abortion, and guns. As to gay rights, the “coming out” process identified with Harvey Milk has transformed the civic landscape, …

Harvey Milk, Jane Roe, And James Brady: Why Civic Organizing Matters, Palma Joy Strand

palma joy strand

This Article presents a view of the civic underpinnings of law by examining how civic interaction or the lack of such interaction facilitates or inhibits sociolegal change. The Article begins with empirical observations of civic experience and engagement, which ground more general conclusions about the importance of civic relationships and civic networks as well as the way personal stories contribute to the creation of both. The Article then applies these conclusions to three currently contentious and unsettled issues: gay rights, abortion, and guns. As to gay rights, the “coming out” process identified with Harvey Milk has transformed the civic landscape, …

F09rs Sgr No. 2 (Service Learning), Bonvillain, Gammon, Palermo, Schafer, Sellers, Spell

Student Senate Enrolled Legislation

No abstract provided.

Civic Republicanism, Public Choice Theory, And Neighborhood Councils: A New Model For Civic Engagement, Matthew J. Parlow

Matthew Parlow

Affordable Housing And Civic Participation: Two Sides Of The Same Coin, Goutam U. Jois

Goutam U Jois

Over the past several decades, America’s inner cities have deteriorated socially, economically, and politically. Simultaneously, civic engagement, almost by any measure, has been on the decline: Americans vote less and volunteer less, go out to dinner with friends less and attend PTA meetings less. In this Article, I argue that the two phenomena are linked, at least from the perspective of remedies. Specifically, by rebuilding our inner cities to promote mixed-use, mixed-income development, we can revitalize some of the most impoverished neighborhoods in our country while simultaneously engendering the mechanisms to foster increased civic engagement in our participatory democracy.

Slides: Meaningful Engagement: The Public's Role In Resource Decisions, Mark Squillace

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

Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School

22 slides