Law Commons^™

Cost, Coverage, And The Underuse Of Medications Among People With Cf, Semret Seyoum, Marsha Regenstein, Lea Nolan

Health Policy and Management Issue Briefs

No abstract provided.

The Future Is Urban: The Progressive Renaissance Of The City In Eu Law, De Maartje Visser

Research Collection Yong Pung How School Of Law

For much of the European integration process, local authorities have been on the legal margins. Yet many amongst this group, and cities in particular, consider themselves as important players in realising the Union’s overarching policy objectives. This view is slowly but surely fi nding traction with the EU’s political institutions. This article suggests that the future architecture of the European Union’s (EU’s) operating system will evince a rapprochement between the socio-economic clout of local authorities, notably cities, and their legal-political recognition at Union level. It further suggests that there is room for greater conceptual clarity along two lines when interrogating …

A Letter To The United States Government On Wealth And Income Inequality, Matthieu Maier

English Department: Research for Change - Wicked Problems in Our World

The United States of America is the world’s hotspot when it comes to income and wealth inequality. The wealthiest Americans are accumulating more and more wealth everyday while most Americans, who fall somewhere around middle-class, remain struggling and stagnant. The United States’ unchecked and deregulated system of capitalism is the root cause of our country’s inequities along with our government’s refusal to set aside self-interests and biases in order to combat these issues. From the inequality caused by rouged American systems larger issues are created that lead to complications in health, wages, standard of living, and race relations within our …

Is The Digital Economy Too Concentrated?, Jonathan Klick

All Faculty Scholarship

Concentration in the digital economy in the United States has sparked loud criticism and spurred calls for wide-ranging reforms. These reforms include everything from increased enforcement of existing antitrust laws, such as challenging more mergers and breaking up firms, to an abandonment of the consumer welfare standard. Critics cite corruption and more systemic public choice problems, while others invoke the populist origins of antitrust to slay the digital Goliaths. On the other side, there is skepticism regarding these arguments. This chapter continues much of that skepticism.

The Costs Of Critical Habitat Or Owl’S Well That Ends Well, Jonathan Klick, J.B. Ruhl

All Faculty Scholarship

When the Fish and Wildlife Service designated land in four counties of Arizona as “critical habitat” necessary for the protection of the endangered cactus ferruginous pygmy‐owl, property values dropped considerably. When the owl was later delisted, property values jumped back up. We use difference-in-difference and synthetic control designs to identify this effect with Zillow property value data. The results provide an estimate of the costs of this critical habitat designation, and they are considerable, contrary to the regulators’ position that critical habitat protection imposes no incremental costs beyond the original endangered species listing.

The Rich, Lucas A. Santos

English Department: Research for Change - Wicked Problems in Our World

The rise of the super rich dramatically rose in the 1980’s. The once dominant oil and gas sector was taken over by finance and technology overall. We are able to see a rise of these super rich, or the one percent, and even how quickly they were able to recover from the 2008 Recession. Now, the one percent are making continuous substantial gains in a current world, where a pandemic has struck and many are struggling. I talk about the use of public policy in order to regain this economic gap between the one percent and the rest of the …

Whitman And The Fiduciary Relationship Conundrum, Lisa Fairfax

All Faculty Scholarship

While the law on insider trading has been convoluted and, in Judge Jed S. Rakoff’s words, “topsy turvy,” the law on insider trading is supposedly clear on at least one point: insider trading liability is premised upon a fiduciary relationship. Thus, all three seminal U.S. Supreme Court cases articulating the necessary elements for demonstrating any form of insider trading liability under § 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934 made crystal clear that a fiduciary relationship represented the lynchpin for such liability.

Alas, insider trading law is not clear about the source from which the fiduciary …

The Role Of The Opioid Crisis In Elder Abuse, Kimberly I. Snow Mhsa, Jennifer Pratt, Stuart Bratesman Mpp

Disability & Aging

As the opioid crisis has deepened over the past twenty years, its effect on individuals and families, including older adults, has grown. To find out how the opioid crisis might be impacting elder abuse, neglect, and exploitation in Maine, we conducted a mixed methods analysis of 2015-2018 Maine Adult Protective Services (APS) investigations to determine: 1) Did opioid-related investigations increase over time? 2) Do investigations involving opioid misuse or abuse differ from investigations that don’t involve opioids? 3) What themes or features of cases involving opioid misuse or abuse by clients and/or perpetrators emerge from the data?

Key Findings: The …

Stewardship 2021: The Centrality Of Institutional Investor Regulation To Restoring A Fair And Sustainable American Economy, Leo E. Strine Jr.

All Faculty Scholarship

In this essay, which formed the basis for the luncheon keynote speech at the Rethinking Stewardship online conference presented by the Ira M. Millstein Center for Global Markets and Corporate Ownership at Columbia Law School and ECGI, the European Corporate Governance Institute, the essential, but not sufficient, role of regulation to promote more effective stewardship by institutional investors is discussed. To frame specific policy recommendations that align the responsibilities of institutional investors with the best interests of their human investors in sustainable wealth creation, environmental responsibility, the respectful treatment of stakeholders, and, in particular, the fair pay and treatment of …

Local Elected Officials’ Receptivity To Refugee Resettlement In The United States, Robert Shaffer, Lauren E. Pinson, Jonathan A. Chu, Beth A. Simmons

All Faculty Scholarship

Local leaders possess significant and growing authority over refugee resettlement, yet we know little about their attitudes toward refugees. In this article, we use a conjoint experiment to evaluate how the attributes of hypothetical refugee groups influence local policymaker receptivity toward refugee resettlement. We sample from a novel, national panel of current local elected officials, who represent a broad range of urban and rural communities across the United States. We find that many local officials favor refugee resettlement regardless of refugee attributes. However, officials are most receptive to refugees whom they perceive as a strong economic and social fit within …

U.S. Government Military And Space Force Literature, Bert Chapman

Libraries Faculty and Staff Presentations

Established in 2018, the U.S. Space Force is the newest branch of the U.S. military. The reality of space as an arena for international geopolitical and military competition has been around for decades in scholarly literature. This presentation will examine recently published and publicly accessible U.S. Government and military literature on Space Force. These works examine various economic, military, and political aspects of this entity and how it may affect U.S. national security policy in years to come.

Public Policy Origins Of U.S. Data, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed introduction and overview of public policy origins of U.S. data. Shows how congressional legislation and Office of Management and Budget documents influence compilation and dissemination of U.S. Government data. Stresses how Indiana General Assembly requirements influence compilation of Indiana state agency data and Indiana local government agency data. Places emphasis on roles played in data compilation and dissemination by public policy research institutions/think tanks. Concludes by stressing limitations of data collection by governmental and non-governmental entities.

Access To Education And Affordable Housing (Panel Discussion), Serge A. Martinez, Deb Haaland

Faculty Scholarship

"Housing is not just about housing--there's a straight line from housing stability to educational achievement and other issues including public health, physical and mental health and community development."
- Professor Serge Martinez.

Congresswoman Deb Haaland held a discussion on access to education and affordable housing, particularly the importance of accessible education and the role evictions and financial stress play in education.

If the video is not playing, watch the panel discussion on Facebook (log-in not required).

The First Amendment And The Right(S) Of Publicity, Jennifer E. Rothman, Robert C. Post

All Faculty Scholarship

The right of publicity protects persons against unauthorized uses of their identity, most typically their names, images, or voices. The right is in obvious tension with freedom of speech. Yet courts seeking to reconcile the right with the First Amendment have to date produced only a notoriously confused muddle of inconsistent constitutional doctrine. In this Article, we suggest a way out of the maze. We propose a relatively straightforward framework for analyzing how the right of publicity should be squared with First Amendment principles.

At the root of contemporary constitutional confusion lies a failure to articulate the precise state interests …

Months Into The Covid-19 Pandemic, Community Health Centers Report Signs Of Improvement, But Face Financial Uncertainty, Jessica Sharac, James Hernandez, Feygele Jacobs, Peter Shin

Geiger Gibson/RCHN Community Health Foundation Research Collaborative

Executive Summary:

This policy brief reports on the COVID-19 experience of the nation’s community health centers over a six-month period, utilizing data from the Health Resources and Services Administration’s (HRSA’s) weekly Health Center COVID-19 Survey from April 3rd, 2020 to October 2nd, 2020. The data demonstrate that community health centers were immediately responsive to the public health crisis, initiating diagnostic testing for the COVID-19 virus, and adapting care such as telehealth to address patient needs. However, with visits down overall and limited financial relief, the pandemic has taken an enormous financial toll on health centers. Cumulative patient revenue losses over …

From Third World To First World: Law And Policy In Singapore’S Urban Transformation And Integration, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The physical transformation of a colonial backwater city, Singapore, in one generation has been described as a feat of urban planning, renewal, and development. Less studied is the political will of the government to create a thriving city fit for purpose. Even less studied is the role of law that provides the powerful levers for the rapid and deep-seated changes to the urban landscape in Singapore. In this regard, the mindset shift that accompanied the massive urban transformation has facilitated a national psyche that embraces the material dimension of progress, for which urban renewal is not just a mere indicator …

Analyzing The Social Impact Of Gacaca Courts In The Reconciliation Process In Rwanda, Mary Thibodeau

Independent Study Project (ISP) Collection

Restorative justice is often misunderstood by Western academia in the context of community-based justice systems in African nations. The Gacaca courts used in Rwanda after the 1994 genocide against the Tutsi are frequently criticized for their procedures and outcomes. However, a majority of these criticisms come from Western authors without having engaged in conversations with Rwandans and observing the effects of the trials within the nation. The only people who know and understand the impact of the Gacaca courts are Rwandans. I have been researching how the Gacaca trials contributed to homegrown solutions and their impact within communities in Rwanda …

A Truce In Criminal Law's Distributive Principle Wars?, Paul H. Robinson

All Faculty Scholarship

Crime-control utilitarians and retributivist philosophers have long been at war over the appropriate distributive principle for criminal liability and punishment, with little apparent possibility of reconciliation between the two. In the utilitarians’ view, the imposition of punishment can be justified only by the practical benefit that it provides: avoiding future crime. In the retributivists’ view, doing justice for past wrongs is a value in itself that requires no further justification. The competing approaches simply use different currencies: fighting future crime versus doing justice for past wrongs.

It is argued here that the two are in fact reconcilable, in a fashion. …

Environmental Soft Law As A Governance Strategy, Cary Coglianese

All Faculty Scholarship

Soft law governance relies on nongovernmental institutions that establish and implement voluntary standards. Compared with traditional hard law solutions to societal and economic problems, soft law alternatives promise to be more politically feasible to establish and then easier to adapt in the face of changing circumstances. They may also seem more likely to be flexible in what they demand of targeted businesses and other entities. But can soft law actually work to solve major problems? This Article considers the value of soft law governance through the lens of three major voluntary, nongovernmental initiatives that address environmental concerns: (1) ISO 14001 …

On Environmental, Climate Change & National Security Law, Mark P. Nevitt

All Faculty Scholarship

This Article offers a new way to think about climate change. Two new climate change assessments — the 2018 Fourth National Climate Assessment (NCA) and the United Nations Intergovernmental Panel’s Special Report on Climate Change — prominently highlight climate change’s multifaceted national security risks. Indeed, not only is climate change a “super wicked” environmental problem, it also accelerates existing national security threats, acting as both a “threat accelerant” and “catalyst for conflict.” Further, climate change increases the intensity and frequency of extreme weather events while threatening nations’ territorial integrity and sovereignty through rising sea levels. It causes both internal displacement …

Homicide And Drug Trafficking In Impoverished Communities In Brazil, Elenice De Souza De Souza Oliveira, Braulio Figueiredo Alves Da Silva, Flavio Luiz Sapori, Gabriela Gomes Cardoso

Department of Justice Studies Faculty Scholarship and Creative Works

Many studies demonstrate that homicides are heavily concentrated in impoverished neighborhoods, but not all socially disadvantaged neighborhoods are hotbeds of violence. Conducted in Belo Horizonte, Brazil, this study hypothesizes that the association between high rates of homicide and impoverished areas is influenced by the emergence of a specific type of street drug-dealing common to favelas (slums). The study applies econometric techniques to police data on homicides and drug arrests from 2008 to 2011, as well as 2010 Census data, to test its hypothesis. The findings provide insight into the development of crime prevention policies in areas of high social vulnerability.

Caregivers’ Expectations, Reflected Appraisals, And Arrests Among Adolescents Who Experienced Parental Incarceration, Cynthia J. Najdowski, Melissa Noel

Psychology Faculty Scholarship

This research sought to identify a potential process by which intergenerational crime occurs, focusing on the effect of parental incarceration on adolescents’ subsequent arrests. We drew from Matsueda’s work on reflected appraisals as an explanatory mechanism for this effect. Thus, the present research examined whether caregivers’ and adolescents’ expectations for adolescents’ future incarceration sequentially mediated the effect of parental incarceration on adolescents’ actual arrest outcomes. Propensity score matching was used to examine this effect in a sample of 1,735 15- to 16-year-olds using NLSY97 data. Parental incarceration was positively related to caregivers’ expectations of adolescents’ future arrest. Moreover, caregivers’ expectations …

Urban Warfare: Emerging Geopolitical Conundrum, Bert Chapman

Libraries Faculty and Staff Presentations

Urban warfare is as old as human history. It is becoming increasingly important in international political and military planning due to increasing global urbanization and the presence of megacities (urban areas with populations exceeding 10 million) in many global regions and being in areas of recent and potential military conflict. 2018 World Bank data notes that approximately 56% of the world's population lives in urban areas which is up from 34% in 1960. Many of these megacities, including New York City, Los Angeles, Sao Paulo, Mumbai, Shanghai, and Manila are adjacent to oceanic waters and vulnerable to trade and supply …

The Law And Policy Of Client-Side Scanning (Originally Published By Lawfare), Paul Rosenzweig

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Tech Policy And Legal Theory Syllabus, Yafit Lev-Aretz, Nizan Packin

Open Educational Resources

Technology has changed dramatically over the last couple of decades. Currently, virtually all business industries are powered by large quantities of data. The potential as well as actual uses of business data, which oftentimes includes personal user data, raise complex issues of informed consent and data protection. This course will explore many of these complex issues, with the goal of guiding students into thinking about tech policy from a broad ethical perspective as well as preparing students to responsibly conduct themselves in different areas and industries in a world growingly dominated by technology.

Corruption In The Public Sector In North Macedonia: What Can Be Done?, Teodora Gacoska

English Language Institute

The purpose of this project is to analyze the current situation of corruption in the public sector in North Macedonia and suggest possible solutions to prevent this kind of corruption.

Publicly Accessible National Security Information Resources: An Untapped Treasure Trove, Bert Chapman

Libraries Faculty and Staff Presentations

This presentation demonstrates the wide variety of publicly accessible U.S. Government national security information resources. It includes information on the U.S. constitutional foundations of national security policy, a recent annual defense spending bill, documents from the White House/National Security Council, Department of Defense, various military branches including professional military educational institutions, assorted U.S. intelligence agencies, congressional legislation, congressional committee reports on legislation, congressional committee hearings, and reports from congressional support agencies such as the Congressional Budget Office. It concludes by stressing the multiple benefits provided by having public access to these information resources.

From The Tree Of Knowledge And The Golem Of Prague To Kosher Autonomous Cars: The Ethics Of Artificial Intelligence Through Jewish Eyes, Nachshon Goltz, John Zeleznikow, Tracey Dowdeswell

Research outputs 2014 to 2021

This article discusses the regulation of artificial intelligence from a Jewish perspective, with an emphasis on the regulation of machine learning and its application to autonomous vehicles and machine learning. Through the Biblical story of Adam and Eve as well as Golem legends from Jewish folklore, we derive several basic principles that underlie a Jewish perspective on the moral and legal personhood of robots and other artificially intelligent agents. We argue that religious ethics in general, and Jewish ethics in particular, show us that the dangers of granting moral personhood to robots and in particular to autonomous vehicles lie not …

Antitrust: What Counts As Consumer Welfare?, Herbert J. Hovenkamp

All Faculty Scholarship

Antitrust’s consumer welfare principle is accepted in some form by the entire Supreme Court and the majority of other writers. However, it means different things to different people. For example, some members of the Supreme Court can simultaneously acknowledge the antitrust consumer welfare principle even as they approve practices that result in immediate, obvious, and substantial consumer harm. At the same time, however, a properly defined consumer welfare principle is essential if antitrust is to achieve its statutory purpose, which is to pursue practices that injure competition. The wish to make antitrust a more general social justice statute is understandable: …

Pandemic Response As Border Politics, Michael R. Kenwick, Beth A. Simmons

All Faculty Scholarship

Pandemics are imbued with the politics of bordering. For centuries, border closures and restrictions on foreign travelers have been the most persistent and pervasive means by which states have responded to global health crises. The ubiquity of these policies is not driven by any clear scientific consensus about their utility in the face of myriad pandemic threats. Instead, we show they are influenced by public opinion and preexisting commitments to invest in the symbols and structures of state efforts to control their borders, a concept we call border orientation. Prior to the COVID-19 pandemic, border orientation was already generally …