Public Affairs, Public Policy and Public Administration Commons^™

Using Information In Contemporary War, James P. Farwell, Darby J. Arakelian

The US Army War College Quarterly: Parameters

No abstract provided.

Practicing Representation : The Impact Of Electoral Competition On The Home Styles Of U.S. Representatives, Michael A. Armato

Legacy Theses & Dissertations (2009 - 2024)

A great deal of political science literature has illustrated that U.S. Representatives respond to different electoral competition scenarios through modifying voting behaviors, floor statements, and bill sponsorship activities. However, scholarship has yet to significantly assess if and how political competition impacts the ways members of Congress present themselves to their voters and explain policy positions to their constituents. This dissertation longitudinally explores if and compares how members of Congress in different and changing electoral circumstances alter their home style behaviors, or not, due to the presence or lack of robust political competition.

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 …

Legislating For American Empire : The U.S. Congress And Territorial Policy, Timothy Lindberg

Legacy Theses & Dissertations (2009 - 2024)

The United States has always administered territorial governments and the primary entity entrusted with this authority is the United States Congress. This dissertation, using an American Political Development framework, seeks to uncover the variety of ways in which Congressional decision-making over territorial policy has shifted. The goal is to understand how the United States Congress worked toward establishing and maintaining an American Empire via the use of territorial policy. A variety of causal mechanisms causing are investigated, including the demographic targets of policy, partisan conflicts, changing norms and rules of Congress, pressures from other branches or the states, national security …

A Quantum Congress, Jorge R. Roig

Jorge R Roig

Is Military Justice Sentencing On The March? Should It Be? And If So, Where Should It Head? Court-Martial Sentencing Process, Practice, And Issues, James E. Baker

Georgetown Law Faculty Publications and Other Works

This article starts with a sketch of the military justice system to orient readers. Understanding that structure, the article then describes the sentencing process for special and general courts-martial. The article follows by identifying two core military sentencing questions: First, should commanders have authority to grant clemency? Second, should the military justice system adopt sentencing guidelines? With respect to each topic presented, the article does not attempt to answer the questions nor offer prescriptions. Rather, it seeks to identify the principal fault lines around which debate should, or will likely, fall. The article next presents ‘‘nutshell’’ introductions to additional sentencing …

Testimony On Social Impact Bonds Before U.S. Senate Task Force On Government Performance, Kyle Mckay

Kyle McKay

The primary difference between social impact bonds and prior attempts to link outcomes to payments is the inclusion of investors. According to proponents, social impact bonds and the inclusion of investors can increase the extent of evidence-based policy, encourage innovation in service programming, produce costs savings to governments, and invoke government expenditures only after success is demonstrated. For governments facing revenue constraints for political or economic reasons, social impact bonds may appear to be the silver bullet for social services. However, the benefits may be based largely on wishful thinking. Yet the risks and costs to governments from engaging in …

Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project

Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)

Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School

34 slides

The Effects Of The State Of Tennessee Immunization Policy Change Of 2011 - 2012 On Vaccination Uptake In East Tennessee, Margaret A. Knight, Anne D. Kershenbaum, Martha Buchanan, Janet Ridley, Paul C. Erwin

Frontiers in Public Health Services and Systems Research

In the United States, funding for the purchase of vaccines depend on annual Congressional allocations. These allocations fluctuate from year to year as Congress responds to changes in national needs for immunizations. The Affordable Care Act requires first dollar coverage of immunizations and other preventive care, allowing a reduction in federal funding for vaccine purchase and a reallocation of funds to other uses such as infrastructure development. In fiscal year 2012, the loss of funds allocated from the American Recovery and Reinvestment Act required action by states to ensure appropriate use of remaining funds. In Tennessee, the response was a …

Copyright’S Private Ordering And The 'Next Great Copyright Act', Jennifer E. Rothman

All Faculty Scholarship

Private ordering plays a significant role in the application of intellectual property laws, especially in the context of copyright law. In this Article, I highlight some of the dominant modes of private ordering and consider what formal copyright law should do, if anything, to engage with private ordering in the copyright space. I conclude that there is not one single approach that copyright law should take with regard to private ordering, but instead several different approaches. In some instances, the best option is for the law to get out of the way and simply continue to provide room for various …

Roundtable Discussion Transcript: The Legal And Ethical Limits Of Technological Warfare Symposium, February 1, 2013, University Of Utah, S.J. Quinney College Of Law, Amos N. Guiora, Harry Soyster, David R. Irvine, Geoffrey S. Corn, James Jay Carafano, Claire O. Finkelstein, Laurie R. Blank, Monica Hakimi, George R. Lucas, Trevor W. Morrison, Frederic Megret

All Faculty Scholarship

The Utah Law Review brought in a panel of experts for a symposium on the legal and ethical limits of technological warfare. This roundtable discussion crystalized the issues discussed throughout the symposium. The collective experience and diversity of viewpoints of the panelists produced an unparalleled discussion of the complex and poignant issues involved in drone warfare. The open dialogue in the roundtable discussion created moments of tension where the panelists openly challenged each other’s viewpoints on the ethics and legality of drone warfare. The discussion captured in this transcript uniquely conveys the diversity of perspectives and inherently challenging legal and …

Agenda: The Future Of Natural Resources Policy, University Of Colorado Boulder. Natural Resources Law Center

The Future of Natural Resources Policy (December 6)

This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.

Moderator: Dean Phil Weiser, University of Colorado Law School

Panelists:

Jay Jensen, Associate Director for Land & Water Ecosystems, White House Council on Environmental Quality

Scott Miller, Visiting Assistant Professor, University of Colorado Law …

The Power To Block The Affordable Care Act: What Are The Limits?, John D. Kraemer, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Though Supreme Court upheld most parts of the Affordable Care Act (ACA), Congress’ goals in enacting it could still be frustrated by non-implementation. During his campaign for president, Governor Romney promised “to issue Obamacare waivers to all fifty states.” While such blanket waivers would likely violate the Constitution’s Take Care Clause, the ACA does permit other waivers. To be lawful, however, they must meet certain requirements designed to enhance access and lower cost. A president who opposes the ACA might be able to limit its implementation by refusing to issue premium subsidies in federally operated insurance exchanges, and this might …

Legal And Managerial Issues In Airport Scanning, Joan Hubbard

Administrative Issues Journal

After the September 11 terrorist attacks on the U.S., the National Commission on Terrorist Attacks Upon the United States recommended that The TSA and the Congress give priority attention to improving the ability of screening checkpoints to detect explosives on passengers. As the legality of the TSA’s full-body scanner program continues to be debated, the federal government is investigating the next generation of airport screening technology. The privacy debate centers on the Department of Homeland Security’s use of full-body scanners to screen passengers at the nation’s major airports.

The Politics Of Physical Education Reform, Ari Zyskind

CMC Senior Theses

The purpose of the paper is to determine why today's youth are so physically inactive by examining the role and efforts of physical education, and the state and federal governments responsibility in supporting these programs, in fighting today's obesity epidemic by creating generations of healthy and physically active children. Research led to the determination that states have failed to maintain and improve physical education resulting in a physically inactive youth. Therefore, the nation should look to federal legislation to support state-led physical education, which this paper found to be constitutional if the enactments followed the provisions established in South Dakota …

What Is A Reasonable Compromise On Health Care Reform?, Peter Dreier

Peter Dreier

No abstract provided.

Federal Earmarks In The State Of Georgia, Jeffrey Lazarus

Georgia Journal of Public Policy

Earmarks have been controversial ever since becoming a prominent part of the congressional spending process. Critics charge that earmarks fund projects with little or no economic value (for instance Ted Stevens’ “Bridge to Nowhere,”) but instead allow Congress members to direct government spending to campaign contributors (the charge leading to a federal investigation of the now-defunct lobbying firm PMA Group). On the other side of the controversy, congressional earmarks do fund a number of community improvements which are very valuable, at least locally. In Georgia, the fiscal 2010 appropriations bills included earmarks which allocated $450,000 to update College Park’s emergency …

Slides: Evolving Policy On Shale Plays, John Martin

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: John Martin, Crowell & Moring, LLP, Washington, DC

17 slides

Slides: Second Thoughts About The Antiquities Act: Does The Process For Public Land Decisionmaking Have An Ethical Dimension?, James R. Rasband

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: James R. Rasband, Dean of the J. Reuben Clark Law School, Brigham Young University (Provo, UT)

32 slides

Slides: Livestock Grazing On The Public Lands, Joe Feller

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: Joe Feller, Professor of Law, Arizona State University Law School; Visiting Professor, University of Colorado Law School

33 slides

Slides: Chapter 7 Of The Commission Report, David L. Bernhardt

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: David L. Bernhardt, Partner, Brownstein Hyatt Farber Schreck (Washington, DC) and former Solicitor for U.S. Department of the Interior

14 slides

Slides: Water Management On Public Lands: Chapter 8 Of The Pllrc Report, Michael Gheleta

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: Michael Gheleta, U.S. Department of the Interior, Office of the Solicitor (Lakewood, CO)

12 slides

Slides: America's Redrock Wilderness, Scott Groene

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: Scott Groene, Executive Director, Southern Utah Wilderness Alliance (Moab, UT)

23 slides

Reminiscences, John A. Carver Jr.

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

7 pages.

Slides: The Promise And Peril Of Oil Shale: Federal Law And Policy, David Bernhardt

The Promise and Peril of Oil Shale Development (February 5)

Presenter: David Bernhardt, Brownstein Hyatt Farber Schreck, Denver, CO

13 slides

Identifying Central Actors: A Network Analysis Of The 2009-2010 Health Reform Debate, Jennifer Hayes Clark, Stacey Pelika, Elizabeth Rigby

Jennifer Hayes Clark

The fragmented design of American institutions intentionally diffuses authority among political actors. As a result, tracing the (often changing) distribution of power is essential to better understanding the policymaking process. In this paper, we capitalize on the current health care debate’s multidimensionality and its high salience, as reflected in the extensive media coverage it has attracted. Through network analysis of daily news articles from five news sources that vary in approach and audience, we assess the centrality of each Member of Congress to the health care debate in general, as well as at each stage of this recent policy debate. …

The Christian Right And Federal Stem Cell Research Policy: A Qualitative Study Of Influence And Advocacy Strategies In Congress (2001-2009), Todd Gathje

Theses and Dissertations

The Christian Right has been a major contributor to the policy process since the 1980s, helping shape the national agenda by illuminating a number of social issues and influencing elections with strong grassroots campaigns. For political scientists, Christian Right organizations provide a rich source of information for studying interest group activity, electioneering, and general political theory. In particular, their efforts to lobby various policy issues such as prayer in school, education, abortion, and traditional marriage, has caused them to become a distinct coalition of advocacy groups, and the focus of much research by many scholars. However, as we advance into …

Slides: Challenges For Reclamation: A Western States' Perspective, Craig Bell

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Craig Bell, Western Water States Council, Midvale, Utah

9 slides

Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Jim Murphy, Wetlands and Water Resources Counsel, National Wildlife Federation, VT

25 slides

Performance Management Recommendations For The New Administration, Shelley H. Metzenbaum

Edward J. Collins Center for Public Management Publications

Two simple tools—goals and measurement—are among the most powerful leadership mechanisms available to a President for influencing the vast scope of federal agencies. Goals and measurement are useless, however, unless used. They must be used not just to comply with mandated reporting requirements, but to communicate priorities and problems, to motivate through attention and feedback, and to illuminate where, when, and why performance changes. The President and his leadership team must focus their discussions to deliver results around specific goals and discuss progress and problems relative to them. Otherwise, the goals agencies articulate in written plans are likely to be …