Social and Behavioral Sciences Commons^™

Antitrust And Nonexcluding Ties, Herbert J. Hovenkamp

All Faculty Scholarship

Notwithstanding hundreds of court decisions, tying arrangements remain enigmatic. Conclusions that go to either extreme, per se legality or per se illegality, invariably make simplifying assumptions that frequently do not obtain. For example, by ignoring double marginalization or tying product price cuts it becomes very easy to prove that a wide range of ties are anticompetitive. At the other extreme, by ignoring foreclosure possibilities one can readily conclude that ties are invariably benign.

Ties have historically been thought to produce two kinds of competitive harm: “leverage,” or extraction; and foreclosure, or exclusion. The two theories are not mutually exclusive. Indeed, …

An Estate Dilemma - Inaccessible Assets Hiding Behind Passwords And Encryption, Douglas J. Henderson

DOUGLAS J HENDERSON

Every person living in the modern world holds valuable assets, data, or information in digital mediums. Digital mediums include not only digital hardware storage mediums in personal possession (like external hard drives and internal hard drives within laptop and desktop computers, personal digital assistants, cell phones, and the like), but also those only accessible through a network. Because so much is held in digital mediums, when an individual dies or becomes incapacitated, another person must know how to access the incapacitated person’s digital assets and other important information (this person is known herein as the ‘Responsible Party’). There are potential …

Diseñando Colisiones De Satélites En La Guerra Cibernética Encubierta, Jan Kallberg

Jan Kallberg

La guerra concentrada en la red depende de la red de información global para capacidades de combate conjuntas.3 La capa fundamental crea la capacidad de combate global como la columna vertebral espacial de la red de información donde los haberes espaciales son el elemento decisivo. EE.UU. depende de las capacidades espaciales para su éxito y la seguridad nacional de EE.UU. se basa hoy en día en un número limitado de satélites muy utilizados. Estos satélites son cruciales para la disuasión estratégica, la vigilancia, la recopilación de inteligencia y las comunicaciones militares. Si la disuasión estratégica falla, los satélites forman parte …

Teaming Up For Safer Cities: A Report From The Implementation Assessment Of The National Forum On Youth Violence Prevention (2012), Jeffrey A. Butts, Caterina Gouvis Roman, Kathleen A. Tomberg

Publications and Research

The efforts inspired by the National Forum on Youth Violence Prevention will take time to develop, but survey results from the first 15 months of implementation suggest that the initiative may be generating some important changes. In five communities, survey respondents report a number of potentially valuable improvements. The results imply that the cities involved in the National Forum may be increasing opportunities for youth and improving the extent to which violence prevention approaches draw upon the perspectives and expertise of a broad range of community members. There are also indications that some cities are developing better overall capacity to …

Constraints In Adoption Of Moongbean Production Technology In Sundarban, West Bengal, Ganesh Chandra

Ganesh Chandra

The new agricultural technologies are considered to be the prime mover to the process of agricultural development in India. Understanding farmers’ perceptions of a given technology is crucial in the generation and diffusion of new technologies and farm household information dissemination. Pulses in India have long been considered as the poor man’s only source of protein. Moongbean (green gram) is one of the important pulse crop in India, plays a major role in augmenting the income of small and marginal farmers of Sundarban. Constraints are the circumstances or causes, which prohibit farmer to adopt improved farm technology. This constraint study …

Wie Verändert Das Internet Die Demokratie?, Ralf Lindner

Ralf Lindner

Obwohl seit dem Aufstieg des Internets zum Massenmedium in den 1990er Jahren Ernüchterung über die Demokratisierungswirkung der neuen Medien eingetreten ist, werden regelmäßig weitreichende Erwartungen über der politische Transformationspotenzial des Internets formuliert. So wird häufig postuliert, dass das Internet demokratische Politik über kurz oder lang fundamental verändern werde, indem universeller Informationszugang ermöglicht, etablierte Machtstrukturen unterminiert und politische Partizipation gesteigert werde. Der Beitrag erörtert zunächst die Hintergründe für populäre Fehlschlüsse, die die Debatte um elektronische Demokratie begleiten. Auf der Grundlage einer kritischen Reflexion mit den ideologisch-normativ imprägnierten Erwartungen an das Internet werden theoretisch wie empirisch robustere Überlegungen zum Beitrag der neuen …

The Utah Model: Lessons For Regional Planning, Brenda C. Scheer

Brookings Mountain West Publications

Utah has become an unlikely leader in regional planning through a voluntary partnership of key leaders, agencies, local government, and the general public. Given that regional planning efforts around the nation have generally evoked strong reactions from residents concerned about losing local control, the success of Envision Utah—the organization that emerged as a key driver of regional planning in Utah—in building a consensus around regional growth management holds lessons for other regions.

Envision Utah adopted several strategies that have distinguished Utah’s regional planning efforts from other regions and given rise to what can be called the “Utah model” of collaborative …

Cultivating Reform: Richard Nixon's Illicit Substance Control Legacy, Medical Marijuana Social Movement Organizations, And Venue Shopping, Jason Scott Plume

Political Science - Dissertations

Over the course of the last two decades, organizations representing the medical marijuana social movement have campaigned for, proposed state level legislation, and supported numerous legal arguments that challenge and attempt to reform U.S. federal illicit substance policies. This set of social regulatory policies, commonly known as the Controlled Substance Act of 1970 (CSA), were drafted, promoted, and implemented by the Nixon Administration then subsequently entrenched by multiple presidents with acquiescent congresses adopting supplemental supply-side resource allocating legislation. My dissertation research uncoils the convoluted history and institutional dynamics of path dependent U.S. illegal drug control policies to answer the question …

Neoclassical Labor Economics: Its Implications For Labor And Employment Law, Michael L. Wachter

All Faculty Scholarship

Whereas law and economics appears throughout business law, it never caught on in legal commentary about labor and employment law. A major reason is that the goals of the National Labor Relations Act (NLRA), the country’s foundational labor law, are at war with basic principles of economics. The lack of integration is unfortunate if understandable. Notwithstanding the NLRA’s normative goal to keep wages out of competition, economic analysis applies as centrally to labor markets as to any other market.

One of the NLRA’s primary goals is to equalize bargaining power. Its drafters envisioned achieving this goal through procedural and substantive …

The Relationship Among Training Policy, Knowledge Transfer, And Performance Improvement: A Study Of Private Sector Organizations In The Kingdom Of Saudi Arabia, Fayez M. Shafloot

Dissertations

The purpose of this study was to explore human resource (HR) managers' perceptions of training practices (i.e., needs assessment, trainee preparation, training program review, accountability, management support, knowledge transfer, and performance improvement) in Saudi private sector organizations. The research questions were: (1) How do HR managers perceive the importance and or occurrence of training needs assessment, trainee preparation, training program review, accountability and management support? (2) How do HR managers perceive knowledge transfer and performance improvement as a function of training? and (3) What training factors do HR managers identify as being important to the delivery of training?

Data were …

From Building Evaluation Capacity To Supporting Evaluation Capacity Development: The Cases Of Democratic Republic Of Congo, Niger, And South Africa, Michele Tarsilla

Dissertations

Building on both the current thinking among international development practitioners and the on-going scholarly debate on evaluation capacity development (ECD), this study aims to identify strategies that might help to strengthen national evaluation capacity in a variety of countries in a more inclusive and sustainable fashion in the future. Based on a case study design featuring an extensive literature review of specialized literature (both within and outside the evaluation field), a series of semi-structured interviews and three rounds of online validation sessions held with ECD researchers, funders and implementers; this study aims at three main objectives. First, in an attempt …

School Reform: Where Does Policy Come From? Where Should It Go?, Kim Karman Friel

UNLV Theses, Dissertations, Professional Papers, and Capstones

Policy analysis helps to develop a greater understanding of societal problems and provide possible solutions for elected and non-elected government decision makers. Ultimately, the product of analysis is advice relating to public decisions and informed by social values. In light of the pressures placed on education by policy-makers concerning implementation of educational reform there are surprisingly few studies concerning the changing role of the federal government from a historical perspective. Looking at the past, with the present in mind, reminds us that the current shape of education was not inevitable.

This qualitative dissertation study analyzes the evolution of the intentions …

The Return Of Dr. Strangelove: How Austerity Makes Us Stop Worrying And Love The Bomb…And Cyber War, Jan Kallberg, Adam Lowther

Jan Kallberg

With sequestration looming—generating significant cuts to defense spending—the United States may find itself increasingly relying on nuclear and cyber deterrence as an affordable way to guarantee national sovereignty and prevent major conflict. While earlier defense planning and acquisitions were based on economic conditions that no longer exist, Congress’ options to balance the budget by cutting defense spending are politically palatable because far fewer American are “defense voters” than “social welfare voters,” according to a number of recent public opinion surveys.

Manager-In-Chief: Applying Public Management Theory To Examine White House Chief Of Staff Performance, David B. Cohen, Justin S. Vaughn, José D. Villalobos

José D. Villalobos

In an effort to examine the causal determinants of performance dynamics for the administrative presidency, we apply empirical public management theory to White House administration to explain managerial performance. Utilizing original survey data that measures the perceptions of former officials from the Reagan, George H.W. Bush, and Clinton administrations, we conduct quantitative analyses to determine the extent to which a chief of staff’s background, relationship with the president, and internal as well as external management approaches shape overall perceptions of White House administrative efforts. We find that managerial dimensions matter considerably when explaining the dynamics of White House organizational performance.

The Functions Of Parliament: Reality Challenges Tradition, Abel A. Kinyondo, Ken Coghill, Peter Holland, Colleen Lewis, Katherine Steinack

Abel Alfred Kinyondo

No abstract provided.

Violent Youth Crime Plummets To A 30-Year Low, Jeffrey A. Butts

Publications and Research

FBI crime data show a considerable drop in violent youth crimes between 2010 and 2011, with arrests for murder and nonnegligent manslaughter dropping 20 percent in one year. Violent crime arrest rates in 2011 were 30 percent lower than in 2008. This databit shows the percent change in violent offenses charged against youth under 18 between 2010 and 2011 and the youth violent crime rate since 1981.

Sitting With Oprah, Dancing With Ellen: Presidents, Daytime Television, And Soft News, José D. Villalobos

José D. Villalobos

On July 29, 2010, President Barack Obama took to the air on "The View" to talk politics, policy, and family. Pundits billed the visit as the first time a sitting U.S. president appeared in a daytime television program. The telecast drew about 6.7 million viewers, the highest rating ever for the show, and garnered the largest number of women viewers in 17 months. However, whether and to what extent Obama succeeded in getting his message out and endearing himself to female voters remains an open question that merits further scholarly inquiry. In this chapter, I put Obama’s visit to "The …

Altruism Trumping Privacy Hipaa, Privacy, Big Data Set Benefits, Douglas J. Henderson

DOUGLAS J HENDERSON

The United States Government must administer a publicly held cloud networked Big Data Set of Private Health Information (PHI) in order to utilize Big Data Analytics and allow free data mining of such PHI so that the health care industry can operate most cost effectively while also meeting the health care needs of the aging United States populace with the highest quality of care.

Maintain, Demolish, Re‐Purpose: Policy Design For Vacant Land Management Using Decision Models, Michael P. Johnson Jr., Justin Hollander, Alma Hallulli

Michael P. Johnson

Neighborhoods, cities, regions and countries face sustained economic and population decline, due to lower population growth rates, deindustrialization and sustained disinvestment, and the housing foreclosure crisis. Planners increasingly see ‘decline’ as something to plan for: a place may lose population while ensuring a high quality of life and enhanced social value (Delken 2008, Hollander 2010). Growth-oriented planning continues to maintain its hegemony over local government decision-making. Can decision models help planners devise strategies that will maximize the social value of managed decline?

Verifiable And Non-Verifiable Anonymous Mechanisms For Regulating A Polluting Monopolist, James Prieger, Nicholas Sanders

James E. Prieger

Optimal regulation of a polluting natural monopolist must correct for both external damages and market power to achieve a social optimum. Existing non-Bayesian regulatory methods require knowledge of the demand function, while Bayesian schemes require knowledge of the underlying cost distribution. We introduce mechanisms adapted to use less information. Our Price-based Subsidy (PS) mechanisms give the firm a transfer that matches or approximates the incremental surplus generated each period. The regulator need not observe the abatement activity or know the demand, cost, or damage functions of the firm. All of the mechanisms induce the firm to price at marginal social …

Analysis - Toward A New American Military., Adam Lowther, Jan Kallberg

Jan Kallberg

In releasing the United States Department of Defense’s (DoD) Sustaining U.S. Global Leadership: Priorities for 21st Century Defense and Defense Budget Priorities and Choices in January 2012, President Barack Obama and Secretary of Defense Leon Panetta offered a rationale for the administration’s reductions in defense spending. By stating that the shift in strategic direction is an effort to “put our fiscal house in order” and a response to the 2011 Budget Control Act, which requires DoD to reduce spending by $487 billion between fiscal years 2012 and 2021, the United States’ NATO partners in Europe were given considerable reason for …

Antitrust And The Costs Of Movement, Herbert J. Hovenkamp

All Faculty Scholarship

Antitrust is rightfully concerned about the structure of markets as well as the bargaining that occurs in them. As a result, the absolute cost of redeploying resources can be just as important as the transaction costs of arranging for their movement. This paper examines several broad themes in antitrust, considering the role of various assumptions about the costs of getting resources moved toward superior positions and the ability of the antitrust system to facilitate this movement. Part II very briefly examines structuralism as a theory underlying antitrust enforcement, particularly its assumptions about the difficulty and costs of moving resources. Harvard …

Los Beneficios De La Educación Cultural Para La Rehabilitación, Samantha Thoma

Spain: Language, Community, and Social Change

In Fall of 2012, during my participation in the Spain: Language, Community and Social Change program, I volunteered at El Centro de Inserción Social “Matilde Canto Fernandez”, a center for inmates in the advanced stages of their reintegration. It is located in the center of urban Granada in order to make the reintegration into the social life of Granada easier. The center plays a residential role and offers intervention and treatment of activities, and social work.

The initial idea for my service was to conduct a “Cine-fórum” in which I would show a movie and lead a discussion where …

Assessing The Cost Effectiveness Of Policy Options To Address Overcrowding At The Broome County Public Safety Facility, Daniel J. Reynolds

MPA Capstone Projects 2006 - 2015

In 1996, Broome County opened the new Broome County Public Safety Facility (BCPSF) that doubles the County's capacity for housing inmates locally. However, the County has experienced a significant increase in jail population since BCPSF was opened. This has resulted in the resumption of the practice of boarding excess inmates at regional facilities. Given the County's desire to contain costs associated with overcrowding, this research project conducted a cost effectiveness analysis of three policy alternatives to address the jail overcrowding issues: (1) maintaining the current practice of boarding, (2) renovating a gymnasium into a 48 bed "Gym-Pod," or (3) constructing …

Managing Expectations: Does The Directors' Duty To Monitor Promise More Than It Can Deliver?, Lisa Fairfax

All Faculty Scholarship

This article grapples with whether we are expecting too much from the duty of oversight. The directors’ oversight duty refers to directors’ responsibility to actively monitor corporate officers, employees, and corporate affairs. Directors breach their oversight duty when officers and employees engage in wrongdoing that causes harm to the corporation and that wrongdoing can be attributed to directors’ failure to monitor. In other words, oversight liability holds directors liable for their failure to act under circumstances where it can be proven that directors should have acted and their actions could have prevented corporate harm.

The significance of directors’ oversight duty …

Tsunamis: Desprevenidos Por La Realidad De La Geología Un Estudio De La Posibilidad Y Precauciones Por Un Tsunami En Puerto López, Manabí, Ecuador, Abigail Eurich

Independent Study Project (ISP) Collection

Tsunamis occur in the Pacific Ocean about once every 1.5 years (Berninghausen, 1962). Forty-nine Tsunamis are recorded to have hit the western coast of South America since 1562, though only 3 hit the coast of Ecuador specifically (Berninghausen, 1962). However, it is still important to recognize the possibility of having a tsunami in Ecuador and plan accordingly. On a very complex junction of the Nazca and South American plate, with the Nazca and Carnegie Ridges as well as the Galapagos hotspot, this part of the world is apt to many earthquakes, submarine landslides, and volcanic activity which all have the …

The Israeli Defense Forces In The 21st Century: Humanitarian Complier Or Human Rights Violators? An Assessment Of Ihl Compliance In The Second Lebanon War And Operation Cast Lead, Skyler Scoggan

Independent Study Project (ISP) Collection

My reasons behind writing this paper are very personal and its conclusion will have a direct impact on my future. I am Jewish by blood and have always have had a strong connection with the tradition even though I do not consider myself religious. I have respected more so the traditions and culture that have come from the faith of my mother. The fact that my grandfather, great grandfather, and the dozen more before him, carried on these same rituals that I carry out on Shabbat or on the high holidays, is beyond the realm of being special. Many cannot …

Women’S Political Leadership In Massachusetts, Paige Ransford, Meryl Thomson, Sarah Healey

Publications from the Center for Women in Politics and Public Policy

The Center for Women in Politics and Public Policy (CWPPP) at UMass Boston’s McCormack Graduate School of Policy Studies has been tracking the election of women at the municipal level in Massachusetts since 1996. In 2003, the Project expanded to include all New England states. CWPPP remains the only research center in the United States that regularly tracks women’s political representation at the local level.

Bypassing Civil Gideon: A Legislative Proposal, Erin B. Corcoran

Law Faculty Scholarship

Eighty-four percent of immigrants appearing before immigration judges are unrepresented. Immigration judges are overwhelmed with the dual role of adjudicating cases and serving as counsel to pro se individuals appearing before them. In addition, due to the rising costs of retaining a lawyer, immigrants are turning to immigrant consultants. These incompetent and unscrupulous individuals are preying on vulnerable immigrants and engaging in the unauthorized practice of law. In addressing unmet legal needs for immigrants, most advocacy efforts for immigrants regarding the acquisition of competent representation focus on persuading the courts that immigrants appearing before an immigration judge have a constitutional …

Politics Or Policy? How Rhetoric Matters To Presidential Leadership Of Congress, José Villalobos, Justin Vaughn, Julia Azari

José D. Villalobos

In this study, we examine the linkage between presidential policy proposal messages and legislative success. Employing a dataset on presidential legislative proposals that covers the years 1949-2010, we find that politics matters less than policy. Purely political messages that reference the electoral logic of mandates or appeal to a sense of bipartisanship appear to have no impact on presidential legislative success, nor does policy signaling, though highlighting the role of agency-based policy experts in crafting legislation does. From these results, we conclude that although the way presidents communicate their messages to Congress represents an important component of presidential-legislative relations, it …