Social and Behavioral Sciences Commons^™

An Analysis Of The Public Participation Processes Employed For An Urban Greenway Project, Maeve O'Connell

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The purpose of this study is to examine the public participation mechanisms employed for a proposed new infrastructure project. Public participation is a core characteristic of a contemporary democratic society as policy makers are increasingly encouraged to engage with citizens for learning and legitimacy. Participation is a loose concept with many forms and interpretations. This study explores the key characteristics of public participation formats, challenges to and the criteria for success. This analysis is then applied to the proposed local infrastructure consultation process. An additional survey is designed and its role in the public participation process is assessed. The processes …

Powering Up: Examining Frameworks For Community Engagement And Collective Tenant Action Around Energy Efficiency In New Haven, Ct, Alixandra P. Rachman

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Energy is an essential household need to sustain health and wellbeing. Connecticut has one of the highest energy costs in the nation and leaves a majority of residents experiencing energy insecurity, where households are not able to meet their energy needs. Energy efficiency retrofits have been introduced as an effective solution to sustain thermal comfort indoors. Despite increased funding and resources for energy efficiency, federal and state programs continue to go widely unused by tenants for several reasons from health and safety barriers, tenant-landlord power imbalances, and administrative challenges to name a few. This thesis aims to describe Connecticut’s energy …

A Symposium To Mark The Publication, By New York University Press, Of Ian O’Donnell’S Prison Life: Pain, Resistance, And Purpose, Rosemary Gido, Derek S. Jeffreys, Cormac Behan, Kimmett Edgar, Bethany E. Schmidt, Gorazd Mesko, Mary K. Stohr, Ashley T. Rubin

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Recognizing the major scholarly contributions to criminology by the noted Irish criminologist, Ian O’Donnell, The Prison Journal invited seven contemporary corrections and punishment scholars to offer insights into O’Donnell’s new book, Prison Life: Pain, Resistance, and Purpose. Offering contextually rich descriptions of prisoner life, the text features four case study prisons—H Blocks, Northern Ireland; Eastham Unit, Texas; Isir Bet, Ethiopia; and ADX Florence, Colorado, in pivotal time periods and through an individual's custodial career in each institution. The symposium discussants focus on O’Donnell's conceptual framework—the degree of prison integration, system and staff regulation, and legitimacy—and how these reflect the key …

Urgenda Vs. Juliana: Lessons For Future Climate Change Litigation Cases, Paolo Davide Farah, Imad Antoine Ibrahim

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No abstract provided.

Surveillance Normalization, Christian Sundquist

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Since the start of the COVID-19 pandemic, the government has expanded public surveillance measures in an attempt to combat the spread of the virus. As the pandemic wears on, racialized communities and other marginalized groups are disproportionately affected by this increased level of surveillance. This article argues that increases in public surveillance as a result of the COVID-19 pandemic give rise to the normalization of surveillance in day-to-day life, with serious consequences for racialized communities and other marginalized groups. This article explores the legal and regulatory effects of surveillance normalization, as well as how to protect civil rights and liberties …

Climate Justice In The Anthropocene And Its Relationship With Science And Technology: The Importance Of Ethics Of Responsibility, Paolo Davide Farah, Alessio Lo Giudice

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Climate change is a global phenomenon. Therefore, globalization is the necessary hermeneutical horizon to develop an analysis of the metamorphosis climate change could cause at a political, social, and economic level. Within this horizon, this Article shows how the relationship between the concept of the Anthropocene epoch and the request for justice allows for framing a climate-justice and intergenerational equity–focused political interpretation of the effects of climate change. In order to avoid reducing such an interpretation to merely an ideological critique of capitalism, the conception of climate justice needs to be grounded in a rational, ethical model. This Article proposes …

Affirmatively Furthering Health Equity, Mary Crossley

Articles

Pervasive health disparities in the United States undermine both public health and social cohesion. Because of the enormity of the health care sector, government action, standing alone, is limited in its power to remedy health disparities. This Article proposes a novel approach to distributing responsibility for promoting health equity broadly among public and private actors in the health care sector. Specifically, it recommends that the Department of Health and Human Services issue guidance articulating an obligation on the part of all recipients of federal health care funding to act affirmatively to advance health equity. The Fair Housing Act’s requirement that …

The International Legal Order And The Rule Of Law, Vivian Grosswald Curran

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This article addresses whether international law today is capable of instituting the rule of law. It offers a renewed look at the internationalists who brought us modern international law, such as Lauterpacht, Cassin and Lemkin. They tenaciously worked at placing the individual’s right to life and to human dignity front and center in international law while also preserving peace among states. Their struggle began in earnest first in the interwar years after the “war to end all wars” (1918 – 1939), and then again in 1945 after yet another, still worse, world war had occurred, devastating Europe, but leaving the …

Post-Conflict Reconciliation In Ukraine, Elena Baylis

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Reconciliation mechanisms should be a core component of transitional justice in Ukraine. The nature of this conflict as a war justified by claims about history, identity, and legitimacy suggests that there will be a need for post-war reconciliation initiatives. Such reconciliation measures would be intended to enable Ukraine’s Russian, Ukrainian, and other communities to live together constructively within the same state. The goals of social reconciliation also converge with Ukraine’s long-term, political aims vis-à-vis both Russia and the European Union. This paper addresses three types of reconciliation measures that are important for post-conflict Ukraine. Instrumental mechanisms to engage post-conflict social …

From Constructive Ambiguities To Structural Contradictions: The Twilight Of The Good Friday Agreement, Chris O'Ralaigh

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The Good Friday Agreement contained a series of constructive ambiguities which were critical to ensuring that it received broad cross-political support. These ambiguities were reflective of the balance of political power of the time. Once institutionalized, they contained an immanent potential to morph in to structural contradictions as the re-balancing of demographic and political power in Ireland moved from latent to manifest status. As the Agreement reaches its 25th anniversary, three outstanding structural contradictions are manifesting, prompted by Brexit and the re-introduction of the ‘Irish question’ in to Irish-British relations. The constitutional status of the North of Ireland, the raison …

Meeting Clean Energy Goals Will Require The Grid Of The Future, Ken Berlin, Rob Gramlich, Alexandra B. Klass, Josiah Neeley

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The transmission grid is the critical superhighway that connects energy supply and demand. But our grid was designed for the power plants of the past—not for the diverse range of resources and technologies of our clean energy future. Over 70 percent of the nation’s transmission infrastructure is more than 25 years old, and in many areas of the country constraints have already been an impediment to renewable power. To meet greenhouse gas reduction goals, we will need to expand electric transmission systems by 60 percent by 2030 and possibly triple the capacity of these systems by 2050. The Infl ation …

Cognitive Effort Avoidance In Veterans With Suicide Attempt Histories, James M. Bjork, Chelsea S. Rooney, Lisa K. Straub, David M. N. Garavito, Andrew Westbrook

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Suicide attempts (SA) are increasing in the United States, especially in veterans. Discovering individual cognitive features of the subset of suicide ideators who attempt suicide is critical. Cognitive theories attribute SA to facile schema-based negative interpretations of environmental events. Over-general autobiographical memory and facile solutions in problem solving tasks in SA survivors suggest that aversion to expending cognitive effort may be a neurobehavioral marker of SA risk. In veterans receiving care for mood disorder, we compared cognitive effort discounting and evidence-gathering in a beads task between veterans with (SAHx+; n = 26) versus without (SAHx-; n = 22) a history …

Too Much Of A Good Thing? A Governing Knowledge Commons Review Of Abundance In Context, Michael J. Madison, Brett M. Frischmann, Madelyn Sanfilippo, Katherine J. Strandburg

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The economics of abundance, along with the sociology of abundance, the law of abundance, and so forth, should be re-framed, linked, and situated in a common context for empirical rather than conceptual research. Abundance may seem to be a new, big thing, between anxiety over information overload, Big Data, and related technological disruptions. But scholars know that abundance is an ancient phenomenon, which only seemed to disappear as twentieth century social science focused on scarcity instead. Restoring the study of abundance, and figuring out how to solve the problems that abundance might create, means shedding disciplinary blinders and going back …

Government By Code? Blockchain Applications To Public Sector Governance, Pedro Bustamante, Meina Cai, Marcela Gomez, Colin Harris, Prashabnt Krishnamurthy, Wilson Law, Michael J. Madison, Ilia Murtazashvili, Jennifer Brick Murtazashvili, Tymofiy Mylovanov, Nataliia Shapoval, Annette Vee, Martin B. H. Weiss

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Studies of blockchain governance can be divided into analyses of the governance of blockchains (such as rules and power dynamics within a given network) and governance by blockchains (such as how blockchains can be implemented to improve self-governance of community-based peer production networks). Less emphasis has been placed on applications of distributed ledgers to public sector governance. Our review clarifies that the decentralization and distributive features that enable blockchains to link up loosely connected private organizations and public agencies to improve efficiency and transparency of government transactions. However, most blockchain applications lack clear advantages over the conventional digital recording of …

Ideas, Power And Agency: Policy Actors And The Formulation Of Language-In-Education Policy For Multilingualism, Susanna Nocchi, Iker Erdocia, Mary Ruane

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The processes of formulation of language policies have not been researched thoroughly. This paper aims to explore the relationship between ideas, power and agency in language policy-making and specifically with reference to the formulation of language-in-education policy for multilingualism in Ireland. Through an argumentative approach to language policy and using a discursive institutionalist framework, the paper examines data from policy documents and interviews with policy actors in the Department of Education and Skills. The paper reports on the ways in which agentive discourses are constrained and enabled by institutional structures. The analysis shows how power resulting from asymmetric internal forces …

What We Do In The Shadows: Dual Industrial Policy During The Thatcher Governments, 1979–1990, Richard Woodward, James Silverwood

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Selective industrial policy in the United Kingdom is conventionally believed to have vanished prior to the global financial crisis. This article, in contrast, argues that industrial policy remained an intrinsic, if seldom acknowledged, element of neoliberal statecraft. The basis of this is a subterfuge, conceptualised here as a ‘dual industrial policy’, which we explore via an empirical focus on the Thatcher governments. Throughout this time, actions explicitly endorsed by governments as industrial policy generally corresponded with neoliberalism’s hostility to intervention. These conveniently distracted attention from a second set of policies which, although never codified by government as industrial policy, were …

Vaccine Diplomacy Game: The Race For Soft Power, Isaac Antwi-Boasiako

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This article examines the motivations and dynamics of the donors and suppliers of the covid-19 vaccines to the global south countries in the context of public diplomacy to wield soft power. Thus, it investigates how the West and East use the vaccines as a public diplomacy tool to influence public opinion in other nations or continents in order to either enhance their global image and reputation or exert some form of international influence or have new allies. The article argues that covid-19 vaccines are a soft power asset; therefore, the manufacturing nations may use them to shape their target foreign …

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

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Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does not have …

Nazi Stolen Art: Uses And Misuses Of The Foreign Sovereign Immunities Act, Vivian Grosswald Curran

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U.S. courts in Foreign Sovereign Immunities Act (“FSIA”) cases must interpret a comprehensive statute which has been said to stand or fall on its terms. At the same time, in Nazi-looted art cases, they do not ignore entirely the backdrop of the U.S.’ adoption of international principles and declarations promising to ensure the return of such art. To some extent, such an undertaking has been incorporated into a statutory amendment of the FSIA. The years 2021 and 2022 have seen major developments in the FSIA both at the U.S. Supreme Court and in the D.C. Circuit Court of Appeals in …

Calls For Change: Seeing Cancel Culture From A Multi-Level Perspective, Tomar Pierson-Brown

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Transition Design offers a framework and employs an array of tools to engage with complexity. “Cancel culture” is a complex phenomenon that presents an opportunity for administrators in higher education to draw from the Transition Design approach in framing and responding to this trend. Faculty accused of or caught using racist, sexist, or homophobic speech are increasingly met with calls to lose their positions, titles, or other professional opportunities. Such calls for cancellation arise from discreet social networks organized around an identified lack of accountability for social transgressions carried out in the professional school environment. Much of the existing discourse …

Blockchain Networks As Knowledge Commons, Ilia Murtazashvili, Jennifer Brick Murtazashvili, Martin B. H. Weiss, Michael J. Madison

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Researchers interested in blockchains are increasingly attuned to questions of governance, including how blockchains relate to government, the ways blockchains are governed, and ways blockchains can improve prospects for successful self-governance. Our paper joins this research by exploring the implications of the Governing Knowledge Commons (GKC) framework to analyze governance of blockchains. Our novel contributions are making the case that blockchain networks represent knowledge commons governance, in the sense that they rely on collectively-managed technologies to pool and manage distributed information, illustrating the usefulness and novelty of the GCK methodology with an empirical case study of the evolution of Bitcoin, …

Changing Every Wrong Door Into The Right One: Reforming Legal Services Intake To Empower Clients, Jabeen Adawi

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It’s recognized that people affected by poverty often have numerous overlapping legal needs and despite the proliferation of legal services, they are unable to receive full assistance. When a person is faced with a legal emergency, rarely is there an equivalent to a hospital’s emergency room wherein they receive an immediate diagnosis for their needs and subsequent assistance. In this paper, I focus on the process a person goes through to find assistance and argue that it is a burdensome, and demoralizing task of navigating varying protocols, procedures, and individuals. While these systems are well intentioned from the lawyer’s perspective, …

Not A Suicide Pact: Urgent Strategic Recommendations For Reducing Domestic Terrorism In The United States, Barbara L. Mcquade

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America’s Bill of Rights protects U.S. citizens’ rights to free speech, to bear arms, and to be free from unreasonable searches and seizures, among other things. But, as the Supreme Court has consistently held, no right is absolute. All rights must be balanced against other societal needs, including and especially public safety. As the threat of domestic terrorism metastasizes in the United States, Americans need to use the practical wisdom that Justice Robert L. Jackson advised in 1949 to ensure the survival of the republic.

In recognition of this growing threat, the Biden administration issued the nation’s first National Strategy …

Regulating For Energy Justice, Alexandra B. Klass, Gabriel Chan

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In this Article, we explore and critique the foundational norms that shape federal and state energy regulation and suggest pathways for reform that can incorporate principles of “energy justice.” These energy justice principles—developed in academic scholarship and social movements—include the equitable distribution of costs and benefits of the energy system, equitable participation and representation in energy decision making, and restorative justice for structurally marginalized groups.

While new legislation, particularly at the state level, is critical to the effort to advance energy justice, our focus here is on regulators’ ability to implement reforms now using their existing authority to advance the …

A Congressional Review Act For The Major Questions Doctrine, Christopher J. Walker

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Last Term, the Supreme Court recognized a new major questions doctrine, which requires Congress to provide clear statutory authorization for an agency to regulate on a question of great economic or political significance. This new substantive canon of statutory interpretation will be invoked in court challenges to federal agency actions across the country, and it will no doubt spark considerable scholarly attention. This Essay does not wade into those doctrinal or theoretical debates. Instead, it suggests one way Congress could respond: by enacting a Congressional Review Act for the major questions doctrine. In other words, Congress could establish a fast-track …

Exclusion Cycles: Reinforcing Disparities In Medicine, Ana Bracic, Shawneequa L. Callier, Nicholson Price

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Minoritized populations face exclusion across contexts from politics to welfare to medicine. In medicine, exclusion manifests in substantial disparities in practice and in outcome. While these disparities arise from many sources, the interaction between institutions, dominant-group behaviors, and minoritized responses shape the overall pattern and are key to improving it. We apply the theory of exclusion cycles to medical practice, the collection of medical big data, and the development of artificial intelligence in medicine. These cycles are both self-reinforcing and other-reinforcing, leading to dismayingly persistent exclusion. The interactions between such cycles offer lessons and prescriptions for effective policy.

Liquefied Natural Gas As Ship Fuel: A Maltese Regulatory Gap Analysis, Mark Philip Cassar, Dimitrios Dalaklis, Fabio Ballini, Seyedvahid Vakili

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With water covering almost three-quarters of the Earth’s surface and by factoring in that the maritime transport industry is holding a comparative advantage in relation to all other means, activities associated with the seas and oceans of our planet are extremely vital for a normal functioning of global trade. Furthermore, evaluating the opportunities of the so-called “Blue Economy” and possibilities for further growth should be at the epicentre of future development plans. Indicative examples - apart from various endeavours of maritime transport - include other sectors, like shipbuilding and repairs, fishing activities and related processes, as well as oil and …

Statebuilding In The Peace Agreements Of Sudan And South Sudan, Gene Carolan

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This article presents a retrospective analysis of the principal peace agreements to emanate from the North–South conflict in Sudan and the civil war in South Sudan. In doing so, it argues that statebuilding practices dating back to the inception of the Sudanese state continue to inform and undermine contemporary efforts to resolve the conflicts in both countries. The article makes a unique contribution by linking the legacy of peace agreements in Sudan and South Sudan to the crises of governance that plague both countries today. In doing so, it seeks to further the discussion on statebuilding as part of a …

Can Market-Based Measures Stimulate Investments In Green Technologies For The Abatement Of Ghg Emissions From Shipping? A Review Of Proposed Market-Based Measures, Anastasia Christodoulou, Dimitrios Dalaklis, Aykut Ölcer, Fabio Ballini

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In order for the maritime sector to align itself with the targets set by the Paris Agreement, it should reduce its GHG emissions by at least 50% by 2050 compared to 2008 with the ultimate aim to phase them out entirely. It is along these lines that in April 2018 the International Maritime Organisation (IMO) developed a strategy, consisting of a range of potential technical and operational measures to reduce GHG emissions from international shipping, ranking from improvements on ship design to the employment of alternative fuels. In order to stimulate the adoption of these policies, the IMO also considers …

Maritime Robotics And Autonomous Systems Operations: Exploring Pathways For Overcoming International Techno-Regulatory Data Barriers, Tafsir Martin Johansson, Dimitrios Dalaklis, Aspasia Pastra

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The current regulatory landscape that applies to maritime service robotics, aptly termed as robotics and autonomous systems (RAS), is quite complex. When it comes to patents, there are multifarious considerations in relation to vessel survey, inspection, and maintenance processes under national and international law. Adherence is challenging, given that the traditional delivery methods are viewed as unsafe, strenuous, and laborious. Service robotics, namely micro aerial vehicles (MAVs) or drones, magnetic-wheeled crawlers (crawlers), and remotely operated vehicles (ROVs), function by relying on the architecture of the Internet of Robotic Things. The aforementioned are being introduced as time-saving apparatuses, accompanied by the …