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Articles 1 - 25 of 25
Full-Text Articles in Social and Behavioral Sciences
Recent Impacts Of Penny And Fixed Odds Wagering: What Does The Future Hold?, Thomas E. Lambert
Recent Impacts Of Penny And Fixed Odds Wagering: What Does The Future Hold?, Thomas E. Lambert
Faculty Scholarship
In order hopefully to revive attendance at the tracks and/or fuel a resurgence in gambling (either in person or virtually), the last year has seen some recent wagering developments and changes at different horseracing tracks in the United States. At Ellis Park Racing and Gaming (Henderson, Kentucky) in the Evansville, Indiana metro area, penny wagering has been tried since the 2022 season to influence gambling revenues. Meanwhile, starting in 2022 Monmouth Park in New Jersey now offers “fixed odds” wagering as an alternative to parimutuel wagering for patrons who do not like the possible fluctuations in odds before a race …
Majority Group Members' Negative Reactions To Future Demographic Shifts Depend On The Perceived Legitimacy Of Their Status: Findings From The United States And Portugal, H. Robert Outten, Timothy Lee, Rui Costa-Lopes, Michael T. Schmitt, Jorge Vala
Majority Group Members' Negative Reactions To Future Demographic Shifts Depend On The Perceived Legitimacy Of Their Status: Findings From The United States And Portugal, H. Robert Outten, Timothy Lee, Rui Costa-Lopes, Michael T. Schmitt, Jorge Vala
Faculty Scholarship
© 2018 Outten, Lee, Costa-Lopes, Schmitt and Vala. Using concepts from social identity theory (Tajfel and Turner, 1979), we examined whether racial/ethnic majority group members' reactions to future demographic shifts is a function of the degree to which they perceive their ingroup's higher-status in society to be legitimate. In two studies, participants who varied in the degree to which they perceived their group's status to be legitimate were either exposed to real projections for 2060 (i.e., large decline in proportion of population that is the "majority" group), or fake projections for 2060-that resembled current figures (i.e., small decline). In Study …
The Impact Of Urban Sprawl On Journey To Work Times For Mass Transit And All Other Commuters In The United States: A Research Note, Thomas E. Lambert, Hokey Min, Kyle Dorriere
The Impact Of Urban Sprawl On Journey To Work Times For Mass Transit And All Other Commuters In The United States: A Research Note, Thomas E. Lambert, Hokey Min, Kyle Dorriere
Faculty Scholarship
As government budgets get tighter, there has been considerable public outcry about the continued investment in public mass transit systems and their financial viability. Amid this outcry, a number of studies have been conducted to determine which factors influence the use and efficiency of publicly-funded mass transit systems. These factors include population density and less sprawl (or greater urban compactness). However, their impact on mass transit usage is somewhat contradictory in that the heavy concentration of populations in the urban area and greater compactness is believed to increase mass transit usage due to a bigger number of potential passengers. In …
The United States, Richard Briffault
The United States, Richard Briffault
Faculty Scholarship
The United States is an example of how three branches of government can stall and derail reform initiatives. The judiciary in particular is central to the US experience with political finance reform, repeatedly striking down legislation on party finance, despite consensus from executive and legislative branches. The most recent Supreme Court ruling, in April 2014, struck down one of the last remaining federal regulations, on the overall campaign contribution limits for individuals. At a subnational level, the United States does, however, see significant variations in terms of regulations on the flow of money into politics at a state level. In …
A Better Death In Britain?, Barbara A. Noah
A Better Death In Britain?, Barbara A. Noah
Faculty Scholarship
In the United States, patients and physicians often avoid discussing the inevitability of death and planning for it. As a result, opportunities are missed to make choices that comport with patients’ values and preferences. In the absence of such decisions, the default model is to “err on the side of life,” which often results in overtreatment or inappropriate prolongation of life and avoidable suffering. This Article discusses the United States' end-of-life training and care and Britain’s Liverpool Care Pathway as related to end-of-life care availability, quality, and cost. It further sets forth the argument that while the United States' medical …
The Voting Rights In Winter: The Death Of A Superstatute, Guy-Uriel Charles, Luis Fuentes-Rohwer
The Voting Rights In Winter: The Death Of A Superstatute, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
The Voting Rights Act (“VRA”), the most successful civil rights statute in American history, is dying. In the recent Shelby County decision, the U.S. Supreme Court signaled that the anti-discrimination model, long understood as the basis for the VRA as originally enacted, is no longer the best way to understand today’s voting rights questions. As a result, voting rights activists need to face up to the fact that voting rights law and policy are at a critical moment of transition. It is likely the case that the superstatute we once knew as the VRA is no more and is never …
Successful Aging In The United States And China : A Theoretical Basis To Guide Nursing Research, Practice, And Policy., Valerie Lander Mccarthy, Hong Ji, Jiying Ling
Successful Aging In The United States And China : A Theoretical Basis To Guide Nursing Research, Practice, And Policy., Valerie Lander Mccarthy, Hong Ji, Jiying Ling
Faculty Scholarship
Successful aging is an idea gaining increasing attention given the exponential growth in the older adult population. Criteria and definitions within multiple disciplines vary greatly in Western literature, with no consensus on its meaning. Moreover, sociocultural, economic and political differences between the Western view of successful aging and its use in China – with the world’s largest older adult population – add to the confusion. Similarities and differences in the meaning of successful aging in the United States and China are examined and the potential for a common definition that is useful to nursing in both countries is explored. Using …
Responding To Agency Avoidance Of Oira, Nina A. Mendelson, Jonathan B. Wiener
Responding To Agency Avoidance Of Oira, Nina A. Mendelson, Jonathan B. Wiener
Faculty Scholarship
Concerns have recently been raised that US federal agencies may sometimes avoid regulatory review by the White House Office of Information and Regulatory Affairs (OIRA). In this article, we assess the seriousness of such potential avoidance, and we recommend a framework for evaluating potential responses. After summarizing the system of presidential regulatory oversight through OIRA review, we analyze the incentives for agencies to cooperate with or avoid OIRA. We identify a wider array of agency avoidance tactics than has past scholarship, and a wider array of corresponding response options available to OIRA, the President, Congress, and the courts. We argue …
Federalism As A Way Station: Windsor As Exemplar Of Doctrine In Motion, Neil S. Siegel
Federalism As A Way Station: Windsor As Exemplar Of Doctrine In Motion, Neil S. Siegel
Faculty Scholarship
This Article asks what the Supreme Court’s opinion in United States v. Windsor stands for. It first shows that the opinion leans in the direction of marriage equality but ultimately resists any dispositive “equality” or “federalism” interpretation. The Article next examines why the opinion seems intended to preserve for itself a Delphic obscurity. The Article reads Windsor as an exemplar of what judicial opinions may look like in transition periods, when a Bickelian Court seeks to invite, not end, a national conversation, and to nudge it in a certain direction. In such times, federalism rhetoric—like manipulating the tiers of scrutiny …
Proxy Citizenship And Transnational Advocacy: Colombian Activists From Putumayo To Washington, Dc, Winifred Tate
Proxy Citizenship And Transnational Advocacy: Colombian Activists From Putumayo To Washington, Dc, Winifred Tate
Faculty Scholarship
Proxy citizenship is the mechanism through which certain rights of citizenship—the ability to make claims for redress to a state—are conferred on activists through relationships with NGOs. Focusing on advocacy from within the policy process, U.S. and Colombian NGOs channeled political legitimacy and rights of access to Colombians, whose claims emerge from the experience of governance as articulated through testimony. This process, and its roots within the shared history of the Putumayo region of Colombia and Washington, DC, reveals emerging practices of citizenship claims and transnational political participation.
Mapping A Post-Shelby County Contingency Strategy, Guy-Uriel Charles, Luis Fuentes-Rohwer
Mapping A Post-Shelby County Contingency Strategy, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
This Essay was written for the Yale Law Journal Online Symposium on the future of section 5 of the Voting Rights Act after Shelby County v. Holder. Professors Guy-Uriel E. Charles and Luis Fuentes-Rohwer argue that voting rights activists ought to be prepared for a future in which section 5 is not part of the landscape. If the Court strikes down section 5, an emerging ecosystem of private entities and organized interest groups of various stripes—what they call institutional intermediaries—may be willing and able to mimic the elements that made section 5 an effective regulatory device. As voting rights …
United States V. Windsor And The Role Of State Law In Defining Rights Claims, Ernest A. Young
United States V. Windsor And The Role Of State Law In Defining Rights Claims, Ernest A. Young
Faculty Scholarship
The Supreme Court’s recent decision in United States v. Windsor is best understood from a Legal Process perspective. Windsor struck down Section 3 of the federal Defense of Marriage Act (“DOMA”), which defined marriage as exclusively between a man and a woman for purposes of federal law. Much early commentary, including Professor Neomi Rao’s essay in these pages, has found Justice Kennedy’s opinion for the Court to be “muddled” and unclear as to its actual rationale. But the trouble with Windsor is not that the opinion is muddled or vague; the rationale is actually quite evident on the face of …
American Natures: The Shape Of Conflict In Environmental Law, Jedediah Purdy
American Natures: The Shape Of Conflict In Environmental Law, Jedediah Purdy
Faculty Scholarship
There is a firestorm of political and cultural conflict around environmental issues,including but running well beyond climate change. Legal scholarship is in a bad position to make sense of this conflict because the field has concentrated on making sound policy recommendations to an idealized lawmaker, neglecting the deeply held and sharply clashing values that drive, or block, environmental lawmaking. This Article sets out a framework for understanding and engaging the clash of values in environmental law and, by extension,approaching the field more generally. Americans have held, and legislated based upon, four distinct ideas about why the natural world matters and …
Qui Tam: Is False Claims Law A Model For International Law?, Paul D. Carrington
Qui Tam: Is False Claims Law A Model For International Law?, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Slavery In The United States: Persons Or Property?, Paul Finkelman
Slavery In The United States: Persons Or Property?, Paul Finkelman
Faculty Scholarship
No abstract provided.
Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, Christopher L. Griffin Jr., John J. Donohue Iii, Michael Ashley Stein, Sascha Becker
Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, Christopher L. Griffin Jr., John J. Donohue Iii, Michael Ashley Stein, Sascha Becker
Faculty Scholarship
This article explores the relationship between the Americans with Disabilities Act (“ADA”) and the relative labor market outcomes for people with disabilities. Using individual-level longitudinal data from 1981 to 1996 derived from the previously unexploited Panel Study of Income Dynamics (“PSID”), we examine the possible effect of the ADA on (1) annual weeks worked; (2) annual earnings; and (3) hourly wages for a sample of 7120 unique male household heads between the ages of 21 and 65 as well as a subset of 1437 individuals appearing every year from 1981 to 1996. Our analysis of the larger sample suggests the …
What Is The Emperor Wearing? The Secret Lives Of Ecosystem Services, James Salzman
What Is The Emperor Wearing? The Secret Lives Of Ecosystem Services, James Salzman
Faculty Scholarship
No abstract provided.
Benchmarking And Evaluating The Comparative Efficiency Of Urban Paratransit Systems In The United States: A Data Envelopment Analysis Approach, Hokey Min, Thomas E. Lambert
Benchmarking And Evaluating The Comparative Efficiency Of Urban Paratransit Systems In The United States: A Data Envelopment Analysis Approach, Hokey Min, Thomas E. Lambert
Faculty Scholarship
The Americans with Disabilities Act (ADA) of 1990 encouraged public transit authorities to reassess the way they serve aging populations and physically handicapped individuals requiring door-to-door services. As the demand for paratransit services rose dramatically the last few years due to a growing number of aging baby-boomers and injured Iraq-Afghanistan War veterans, many public transit authorities have been faced with the dilemma of meeting the growing demand while controlling costs in times of ongoing budget crises. To help public transit authorities better cope with such a dilemma, this paper evaluates the comparative operating efficiency of 75 selected paratransit agencies in …
Implementing The New Ecosystem Services Mandate Of The Section 404 Compensatory Mitigation Program - A Catalyst For Advancing Science And Policy, James Salzman, J.B. Ruhl, Iris Goodman
Implementing The New Ecosystem Services Mandate Of The Section 404 Compensatory Mitigation Program - A Catalyst For Advancing Science And Policy, James Salzman, J.B. Ruhl, Iris Goodman
Faculty Scholarship
On April 10, 2008, the U.S. Army Corps of Engineers (Corps) and Environmental Protection Agency (EPA) jointly published final regulations defining standards and procedures for authorizing compensatory mitigation of impacts to aquatic resources the Corps permits under Section 404 of the Clean Water Act (Section 404). Prior to the rule, the Section 404 compensatory mitigation program had been administered under a mish-mash of guidances, inter-agency memoranda, and other policy documents issued over the span of 17 years. A growing tide of policy and science scholarship criticized the program's administration as not accounting for the potential redistribution of ecosystem services that …
Global Warming And The Problem Of Policy Innovation: Lessons From The Early Environmental Movement, Christopher H. Schroeder
Global Warming And The Problem Of Policy Innovation: Lessons From The Early Environmental Movement, Christopher H. Schroeder
Faculty Scholarship
When it comes to influencing government decisions, special interests have some built-in advantages over the general public interest. When the individual members of special interest groups have a good deal to gain or lose as a result of government action, special interests can organize more effectively, and generate benefits for elected officials, such as campaign contributions and other forms of political support. They will seek to use those advantages to influence government decisions favorable to them. The public choice theory of government decision making sometimes comes close to elevating this point into a universal law, suggesting that the general public …
Foreword: Making Sense Of Information For Environmental Protection, James Salzman, Douglas A. Kysar
Foreword: Making Sense Of Information For Environmental Protection, James Salzman, Douglas A. Kysar
Faculty Scholarship
Despite the ubiquity of information, no one has proposed calling the present era the Knowledge Age. Knowledge depends not only on access to reliable information, but also on sound judgment regarding which information to access and how to situate that information in relation to the values and purposes that comprise the individual's or the social group's larger projects. This is certainly the case for wise and effective environmental governance. A regulator needs accurate information to understand the nature of a problem and the consequences of potential responses. Likewise, the regulated community needs information to decide how best to comply with …
White Cartels, The Civil Rights Act Of 1866, And The History Of Jones V. Alfred H. Mayer Co., Darrell A. H. Miller
White Cartels, The Civil Rights Act Of 1866, And The History Of Jones V. Alfred H. Mayer Co., Darrell A. H. Miller
Faculty Scholarship
In 2008, Jones v. Alfred H. Mayer Co. turned forty. In Jones, the U.S. Supreme Court held for the first time that Congress can use its enforcement power under the Thirteenth Amendment, which abolished slavery, to prohibit private racial discrimination in the sale of property. Jones temporarily awoke the Thirteenth Amendment and its enforcement legislation--the Civil Rights Act of 1866--from a century-long slumber. Moreover, it recognized an economic reality: racial discrimination by private actors can be as debilitating as racial discrimination by public actors. In doing so, Jones veered away from three decades of civil rights doctrine--a doctrine that had …
Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer
Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
No abstract provided.
The Challenges Of Globally Accessible Process, Peter L. Strauss
The Challenges Of Globally Accessible Process, Peter L. Strauss
Faculty Scholarship
This chapter embraces the strategic use of the Internet for achieving new forms of transparency and participation in the regulatory cooperation process. It explores ‘the challenges of globally accessible process’ through the use of new information technologies. It holds that the incorporation of these technologies in agency processes at the US federal level has created possibilities for the most transparent, participatory, and broadly deliberative regulatory system in the world to become still more so. The Internet promises not merely to expand access to information about the substance and process of regulation, but also to ‘move the government closer to the …
Rethinking Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner
Rethinking Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner
Faculty Scholarship
This paper analyzes cost-benefit analysis from legal, economic, and philosophical perspectives. The traditional defense of cost-benefit analysis is that it maximizes a social welfare function that aggregates unweighted and unrestricted preferences. We follow many economists and philosophers who conclude that this defense is not persuasive. Cost-benefit analysis unavoidably depends on controversial distributive judgments; and the view that the government should maximize the satisfaction of unrestricted preferences is not plausible. However, we disagree with critics who argue that cost-benefit analysis produces morally irrelevant evaluations of projects and should be abandoned. On the contrary, cost-benefit analysis, suitably constrained, is consistent with a …