Social and Behavioral Sciences Commons^™

Provincial Cannabis Legislation, Regulation, And Licensing: Its Effectiveness And Impacts On Municipalities In Ontario, Rami Farag

Major Papers

The legalization of cannabis has been a controversial topic within the last two decades in many developed states. The legalization brought medicinal benefits, economic opportunity, and a projected decrease in organized crime. It has, however, also prompted new challenges for different levels of government. In Canada, legalization was a federal decision that was then regulated by provincial governments. However, local governments were on the receiving end of both federal and provincial legislation and regulations that often restricted municipal autonomy with respect to cannabis.

This paper aims to provide a better understanding of the legal and regulatory framework of retail cannabis …

Análisis De La Regulación Y El Control De Los Servicios Públicos Domiciliarios Privatizados En Argentina Bajo El Período Kirchnerista (2003-2015), Andrea López

Gobernar: The Journal of Latin American Public Policy and Governance

Este artículo somete a estudio las renegociaciones contractuales con las empresas privatizadas, prestadoras de electricidad, gas, agua potable y telefonía básica en la zona del ámbito metropolitano y Gran Buenos Aires (AMBA), así como sus regímenes regulatorios y el devenir de los entes de control respectivos, durante los mandatos presidenciales de Néstor Kirchner y de Cristina Fernández de Kirchner, a los efectos de analizar el “cruce” o “tensión” entre las políticas “pro-mercado” impulsadas a partir de las reformas estructurales de los 90, las iniciativas primigenias de cambio de la institucionalidad regulatoria, las normativas finalmente aprobadas y las prácticas consolidadas -y …

Antitrust In The Age Of Trump, Stephen Langeland

Helm's School of Government Conference - American Revival: Citizenship & Virtue

Calls for regulation of major tech giants are currently ringing out from both the left and right sides of the political spectrum, largely for different reasons (Soave 2020). The current DOJ antitrust suit against Google was undermined by murmurs of political motivation as former-Attorney General William Barr personally played a key role in pushing the investigation forward into a lawsuit. (Birnbaum 2020). Prior examples of this can be seen in the reportedly political motivation of the DOJ’s unsuccessful attempt to block the 2017 merger of President Trump’s nemesis CNN’s parent company Time Warner and AT&T following President Trump’s campaign trail …

A Healthy Diet Of Preemption: The Power Of The Fda And The Battle Over Restricting High Fructose Corn Syrup From Food And Beverages Labeled 'Natural', Adam C. Schlosser

Journal of Food Law & Policy

America is unhealthy. America faces an obesity epidemic. The food consumed by Americans is making them fat. Americans, bombarded every single day by negative headlines like these, are becoming more and more health conscious. This newfound commitment to health is reflected in the food and beverages Americans purchase.

Reconsidering The Evolutionary Erosion Account Of Corporate Fiduciary Law, William W. Bratton

All Faculty Scholarship

This Article reconsiders the dominant account of corporate law’s duty of loyalty, which asserts that the courts have steadily relaxed standards of fiduciary scrutiny applied to self-dealing by corporate managers across more than a century of history—to the great detriment of the shareholder interest. The account originated in Harold Marsh, Jr.’s foundational article, Are Directors Trustees? Conflicts of Interest and Corporate Morality, published in The Business Lawyer in 1966. Marsh’s showing of historical lassitude has been successfully challenged in a recent book by Professor David Kershaw. This Article takes Professor Kershaw’s critique a step further, asking whether the evolutionary …

Enforcing Higher Standards For Flood Hazard Mitigation In Vermont, Tamsin Flanders

Masters Theses

The state of Vermont faces increasing risk of costly damage from catastrophic flooding events as climate change increases the frequency of heavy rains and cumulative precipitation. In addition to increasing flood inundation risk, extreme precipitation events are leading to high rates damage from fluvial erosion—erosion caused by the force of floodwater and the materials it carries. As in all U.S. states, flood hazard governance in Vermont is shared by multiple levels of government and involves a complex compliance model that relies on local governments to regulate private property owners to achieve community, state, or federal goals.

To encourage municipalities to …

Mindfulness And The Need To Minimize The Risk Of Harm: A Proposal To Implement And Enforce Standards For Secular Mindfulness Practice, Michael Falick

Mindfulness Studies Theses

While Western mindfulness practice is indeed beneficial for many participants, the research now clearly demonstrates that for some meditators, there are attendant potential risks. These potential risks to practitioners require a level of care from those individuals (and corporations) that disseminate mindfulness practice. Historically, in traditional Buddhist practice, mindfulness was but one of the eight factors on the Noble Eightfold Path. An important component of traditional practice strongly relies on ethics in the delivery of the practice. A formalized standard of care for modern, secular mindfulness practices, and a method to implement and enforce that standard, will greatly enhance safety …

Smoke And Mirrors: Policy Solutions For Deterring Adolescent Use Of Nicotine Electronic Cigarettes, Austin Davis Fiala

Honors Theses

In recent years, there has been a dramatic spike in the number of adolescents that regularly use nicotine electronic cigarettes. As recently as 2019, a large outbreak of e- cigarette, or vaping, product use-associated lung injuries was observed in adolescents, leading many to question the safety of these devices, particularly when use by adolescents. By way of a literature review, this thesis will examine the history of nicotine and electronic cigarettes in the United States, as well as existing data on the nature of nicotine electronic cigarettes and the ways in which they are marketed.

From these findings, it is …

Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence

Dickinson Law Review (2017-Present)

No abstract provided.

Understanding Stakeholder Interests In Rulemaking Through The Lens Of Private-Interest Institutionalism, Walter Lewis Koski

Walden Dissertations and Doctoral Studies

State regulators have the task of promulgating regulations for multiple heavily regulated industries, but there is a dearth of research to help public policy makers better understand how rulemaking processes are perceived by stakeholders in those processes. Regulators who promulgated rules for the legalization of marijuana in Colorado used both required and discretionary methods of participation in rulemaking to involve stakeholders with multiple competing interests. This qualitative research study was based on a phenomenological approach and interview data from 10 stakeholders who participated in the Colorado Marijuana Enforcement Division's rulemaking processes between 2013 and 2016. The purpose of this study …

Jpmorgan Chase London Whale H: Cross-Border Regulation, Arwin G. Zeissler, Andrew Metrick

Journal of Financial Crises

As a global financial service provider, JPMorgan Chase (JPM) is supervised by banking regulatory agencies in different countries. Bruno Iksil, the derivatives trader primarily responsible for the $6 billion trading loss in 2012, was based in JPM’s London office. This office was regulated both by the Office of the Comptroller of the Currency (OCC) of the United States (US) and by the Financial Services Authority (FSA), which served as the sole regulator of all financial services in the United Kingdom (UK). Banking regulators in the US and the UK have entered into agreements with one another to define basic parameters …

Public Interests And Economic Regulation Of Gambling, Rein Halbersma, Joost Poort

International Conference on Gambling & Risk Taking

In the Netherlands, the Betting and Gaming Act from 1964 largely determines the current structure of gambling markets. The policy was to channel consumers to a limited number of licensed operators. This led to state-owned monopolies for lotteries, sports betting and casinos, a private monopoly for horse race betting, a limited number of privately owned charity lotteries, and a large number of private slot machines operators.

Pending legislation proposes an online market without a limit on the number of operators. Furthermore, state ownership will be phased out, and introduced legislation to privatizing and expanding the number of casinos. The current …

Telecommunications Regulation In The Uae: The Interconnectedness Of Better Governance And Regulatory Performance, Mahra Abdullah Ali Alghawi

Political Science Theses

This research focuses on the Telecommunications Regulation in the UAE and studies the interrelationship of ‘better public governance’ and ‘performance’ of telecommunications regulation in the UAE. The work is a reexamination of the thesis that “Countries with better (governance) institutions have better telecom regulators”, and, “Private regulated firms achieve the same public interest goals as state-owned firms”. The study analyzes public governance in the UAE using six internationally recognized criteria: ‘voice accountability’, ‘political stability’, ‘government effectiveness’, ‘regulatory quality’, ‘rule of law’ and ‘control of corruption’. It analyzes the quality of regulatory governance by the Telecommunications Regulatory Authority (TRA) in the …

Measuring Incremental Sb743 Progress: Accounting For Project Contributions Towards Reducing Vmt Under California's Senate Bill 743, Christopher E. Ferrell

Mineta Transportation Institute

On September 27, 2013, California’s governor signed Senate Bill (SB) 743 into law, in part mandating the transition from a level-of-service-based (LOS) measure of transportation environmental impacts to a vehicle-miles-traveled-based (VMT) one in compliance with the California Environmental Quality Act (CEQA). Several California jurisdictions, including San Jose, Pasadena, and San Francisco, have moved quickly to comply with SB 743, so it is no surprise that several of these early-adopter cities have been working hard to develop powerful VMT estimation methods and tools using the most recent research available.

This perspective uses the experiences of an early-adopter city, San Jose, to …

The State And Future Of Autonomous Vehicle Regulation In The United States, Nikolay Nyashin

Dissertations, Theses, and Capstone Projects

Autonomous vehicle technology is poised to revolutionize transit around the world. There are currently tens of private companies either testing or building autonomous vehicles, including industry juggernauts like Ford and Google. This new mode of transportation falls into a regulatory grey area. Once cars reach full autonomy, governments will have to decide what entities will regulate them, where they will be allowed to drive, who will be responsible for them and a host of other issues. In some municipalities like San Francisco and Phoenix, autonomous vehicles (AVs) are being tested on public streets in real life conditions. Meanwhile, in 2017, …

Planning For Excellence: Insights From An International Review Of Regulators' Strategic Plans, Adam M. Finkel, Daniel Walters, Angus Corbett

All Faculty Scholarship

What constitutes regulatory excellence? Answering this question is an indispensable first step for any public regulatory agency that is measuring, striving towards, and, ultimately, achieving excellence. One useful way to answer this question would be to draw on the broader literature on regulatory design, enforcement, and management. But, perhaps a more authentic way would be to look at how regulators themselves define excellence. However, we actually know remarkably little about how the regulatory officials who are immersed in the task of regulation conceive of their own success.

In this Article, we investigate regulators’ definitions of regulatory excellence by drawing on …

What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler

All Faculty Scholarship

Major legislative actions during the early part of the 115th Congress have undermined the central argument for regulatory reform measures such as the REINS Act, a bill that would require congressional approval of all new major regulations. Proponents of the REINS Act argue that it would make the federal regulatory system more democratic by shifting responsibility for regulatory decisions away from unelected bureaucrats and toward the people’s representatives in Congress. But separate legislative actions in the opening of the 115th Congress only call this argument into question. Congress’s most significant initiatives during this period — its derailed attempts to repeal …

Government Rule Compliance, Safety, And The Influence Of Regulation On Railroad Trainmen, Carlos Mendoza, Phd

Walden Dissertations and Doctoral Studies

Operational testing of railroad trainmen on federal government safety rules is a daily occurrence on every railroad in the United States. This constant testing and resulting discipline distracts trainmen from the task at hand, causing a loss of focus which could lead to injury or accidents. Using the social construction framework, this research sought to gain an understanding of trainmen's perception on how operational testing impacts their workplace safety, as well as how they perceive the U.S. federal government influences regulation and discipline. This phenomenological study investigated a segment of railroad employees, the trainmen, because they are operationally tested more …

Risk And Regulatory Calibration: Wto Compliance Review Of The U.S. Dolphin-Safe Tuna Labeling Regime, Cary Coglianese, André Sapir

All Faculty Scholarship

In a series of recent disputes arising under the TBT Agreement, the Appellate Body has interpreted Article 2.1 to provide that discriminatory and trade-distortive regulation could be permissible if based upon a “legitimate regulatory distinction.” In its recent compliance decision in the US-Tuna II dispute, the AB reaffirmed its view that regulatory distinctions embedded in the U.S. dolphin-safe tuna labeling regime were not legitimate because they were not sufficiently calibrated to the risks to dolphins associated with different tuna fishing conditions. This paper analyzes the AB’s application of the notion of risk-based regulation in the US-Tuna II dispute and finds …

Regulation Of Recreational Marijuana In Small Cities And Counties In Colorado, Katherine Nesse, Colin Victory

SPU Works

In November 2016 the number of states where recreational marijuana sales are legal increased to eight. Thousands of cities and counties are now on the front lines of regulating these new land uses. Local governments in Colorado, the first state to implement recreational marijuana legalization, are models for jurisdictions in other states. We study counties and municipalities in the eight micropolitan statistical areas in Colorado to learn how they regulate recreational marijuana businesses. We reviewed codes, ordinances, and other documents of 43 local governments and interviewed planners in a third of these jurisdictions. These places were purposefully selected and reflect …

The Transatlantic Oarsmen Cooperative: Doubling Down On A Transatlantic Financial Regulatory Regime, Joselyn Muhleisen

Dissertations, Theses, and Capstone Projects

This project argues that, in the wake of the 2007-09 financial crisis, the United States (US) and European Union (EU) are doubling down on finance-led domestic growth strategies and that this is their goal in constructing a transatlantic financial regulatory regime. The regime’s goal privileges the input of industry actors over other civil society actors. The construction of this regime is in response to pressure from emerging markets and to service domestic industry actors after the financial crisis. The regime is intended to allow the US and EU to maintain their dominance within the international financial regulatory regime and continue …

Professional Discretion And The Law: Impact Of Actuaries On The Underfunding And Decline Of Private Sector Single Employer Defined Benefit Pensions In Canada: How Many "Post Nortel" Pension Fiascos Are Brewing In Canada?, Paul Charles Walker

LLM Theses

Considering that private sector single employer defined benefit pension plans must be fully funded by law, the legal issue emanating from their systemic underfunding is whether or not actuaries have been using their discretion in a manner which is within a reasonable interpretation of the margin of manoeuvre contemplated by the legislature, in accordance with the principles of the rule of law. This thesis discusses the merits of potential legal remedies to arrest the underfunding and decline in the number of private sector single employer defined benefit pensions in Canada, including the introduction of single employer target benefit plans, increasing …

Agenda-Setting In The Regulatory State: Theory And Evidence, Cary Coglianese, Daniel E. Walters

All Faculty Scholarship

Government officials who run administrative agencies must make countless decisions every day about what issues and work to prioritize. These agenda-setting decisions hold enormous implications for the shape of law and public policy, but they have received remarkably little attention by either administrative law scholars or social scientists who study the bureaucracy. Existing research offers few insights about the institutions, norms, and inputs that shape and constrain agency discretion over their agendas or about the strategies that officials employ in choosing to elevate certain issues while putting others on the back burner. In this article, we advance the study of …

Slides: Perspectives On Water Management In Arizona, Kathy Jacobs

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Kathy Jacobs, Director, Center for Climate Adaptation Science and Solutions (CCASS), Department of Soil, Water and Environmental Science, University of Arizona

25 slides

The Public Roles Of The Private Sector In Asia: The Emerging Research Agenda, Ann Florini

Research Collection School of Social Sciences

It is no longer possible to understand public policy without focusing intensively on the public roles of the business sector. The world is awash in experimental private governance, from corporate codes of conduct, to demands for disclosure of private sector environmental and social impacts, to ‘social enterprises’ that aim to save the world the profitable way. Such experiments are emerging within Asia, changing the terms of the social licence to operate as society becomes more adept at making demands for good corporate citizenship and as the natural resource crisis begins to hit home. And as Asian corporations go global, they …

Private Enforcement Of Statutory And Administrative Law In The United States (And Other Common Law Countries), Stephen B. Burbank, Sean Farhang, Herbert M. Kritzer

All Faculty Scholarship

Our aim in this paper, which was prepared for an international conference on comparative procedural law to be held in July 2011, is to advance understanding of private enforcement of statutory and administrative law in the United States, and, to the extent supported by the information that colleagues abroad have provided, of comparable phenomena in other common law countries. Seeking to raise questions that will be useful to those who are concerned with regulatory design, we briefly discuss aspects of American culture, history, and political institutions that reasonably can be thought to have contributed to the growth and subsequent development …

Reinventing Copyright And Patent, Abraham Bell, Gideon Parchomovsky

All Faculty Scholarship

Intellectual property systems all over the world are modeled on the one-size-fits-all principle. However important or unimportant, inventions and original works of authorship receive the same scope of protection, for the same period, backed by the same variety of legal remedies. Metaphorically speaking, all intellectual property is equal under the law. This equality comes at a heavy price. The equality principle gives all creators access to the same remedies, even when those remedies create perverse incentives. Moreover, society overpays for innovation by inflicting on society more monopoly losses than are strictly necessary to incentivize production.

In this Article, we propose …

Regulation Of Hydraulic Fracturing Of Shale Gas Formations In The United States, Fatemeh Bagheri

Pepperdine Policy Review

The practice of hydraulic fracturing has become increasingly common over the years since it has been looked at to replace energy derived from coal. Though hydraulic fracturing may be one of the better forms of obtaining energy, it comes with its own set of problems ranging from environmental problems to health problems if the appropriate safeguards are not implemented when completing the process. Regulations at the local, state, and federal level are assessed to determine which entity should regulate the practice and many technologies are reviewed in order to offer suggestions which allow the process to be completed without significant …

The Classical American State And The Regulation Of Morals, Herbert J. Hovenkamp

All Faculty Scholarship

The United States has a strong tradition of state regulation that stretches back to the Commonwealth ideal of Revolutionary times and grew steadily throughout the nineteenth century. But regulation also had more than its share of critics. A core principle of Jacksonian democracy was that too much regulation was for the benefit of special interests, mainly wealthier and propertied classes. The ratification of the Fourteenth Amendment after the Civil War provided the lever that laissez faire legal writers used to make a more coherent Constitutional case against increasing regulation. How much they actually succeeded has always been subject to dispute. …

The Federal Banking Regulators: Agency Capture, Regulatory Failure, And Industry Collapse During The 2008 Financial Crisis, Justin Rex

Wayne State University Dissertations

This dissertation examines the process of agency capture at four federal bank regulatory agencies leading up to the 2008 financial crisis: the Federal Deposit Insurance Corporation, the Federal Reserve, The Office of the Comptroller of the Currency, and The Office of Thrift Supervision. Though public administration and policy scholars have moved away from capture theory toward a more pluralistic understanding of agency policymaking, recent events like the Gulf oil spill, coal mining disasters, and the 2008 financial crisis have renewed attention to the role lax regulation plays in disasters and crises. As such, I set out to explore whether banks …