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Articles 1 - 6 of 6
Full-Text Articles in Law
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
All Faculty Scholarship
Of the many diagnoses of American criminal justice’s ills, few focus on externalities. Yet American criminal justice systematically overpunishes in large part because few mechanisms exist to force consideration of the full social costs of criminal justice interventions. Actors often lack good information or incentives to minimize the harms they impose. Part of the problem is structural: criminal justice is fragmented vertically among governments, horizontally among agencies, and individually among self-interested actors. Part is a matter of focus: doctrinally and pragmatically, actors overwhelmingly view each case as an isolated, short-term transaction to the exclusion of broader, long-term, and aggregate effects. …
Central Government And Secession, Tyler Zuch
Central Government And Secession, Tyler Zuch
Political Science Capstone Research Papers
Governments and countries throughout history have risen and fallen while some have carried on through the years. However, some countries look very different from when they existed in previous times. Rulers and leaders have utilized many responses to rebellions and secessionist movements. These responses range from bloody and/or political repression, devolution, simply declaring secession unconstitutional or illegal, economic concessions/incentives, or even simply ignoring the problem. There is not only the debate as to what is the best way to put down a rebellion or secessionist movement, but also what is the right/moral response that the government should do to keep …
The New Contract: Welfare Reform, Devolution, And Due Process, Christine N. Cimini
The New Contract: Welfare Reform, Devolution, And Due Process, Christine N. Cimini
Articles
This Article analyzes the due process implications of the change in welfare administration from a federal statutory entitlement model to the devolved contractual model and posits that, despite the changes, due process protections still exist. These protections arise from the private law of contracts on two different levels. The first level is the macro, or implied, contract, that I refer to as the social contract between the government and the populace. The existence of this social contract is evidenced in numerous sources including: political theories that explore the use of governmental authority; foundational democratic legal sources, such as the Declaration …
Welfare Entitlements In The Era Of Devolution, Christine N. Cimini
Welfare Entitlements In The Era Of Devolution, Christine N. Cimini
Articles
In 1996, the Republican Congress and Democratic President enacted the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), ushering in a new era of public benefits. This 1996 act’s fundamental change to the administration and substance of public benefits called into question the applicability of a substantial body of procedural due process doctrine. As a result, unanswered questions remain regarding the applicability of established due process doctrine in the welfare reform context. This Article analyzes whether public law entitlements exist in the context of PRWORA’s first order devolution from the federal to state governments as well as some states’ second …
Scientific And Social Landscapes: New Frameworks And Forums For Water Management And Sustainability, Christine Turner, Herman Karl
Scientific And Social Landscapes: New Frameworks And Forums For Water Management And Sustainability, Christine Turner, Herman Karl
Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)
11 pages.
Contains 2 pages of references.
Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.
In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.
A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …