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The Battle Over Fracking: The Mobilization Of Local Residents, Mehmet Soyer, Sebahattin Ziyanak 2018 Utah State University

The Battle Over Fracking: The Mobilization Of Local Residents, Mehmet Soyer, Sebahattin Ziyanak

The Qualitative Report

In the last decade, the natural gas industry has grown rapidly, and North Texas has become a major shale gas-producing area. This paper studies the power struggle of two rival groups (Frack Free Denton and Denton Tax Payers for a Strong Economy) over fracking in Denton. How did each of these groups challenge the claims-making activities and goals of their adversaries?” We conducted data from ten in-depth interviews from each side to compare concerns about fracking. This study focuses on the campaign of the two groups on each side of the debate. We developed the model of merging the theoretical ...


Evaluating The Impact Of Land Tenure Reform In Present-Day South Africa, Noah Katcher 2018 University of Pennsylvania

Evaluating The Impact Of Land Tenure Reform In Present-Day South Africa, Noah Katcher

Social Impact Research Experience (SIRE)

Since the end of apartheid in South Africa, land tenure reform has been discussed ceaselessly as a critical action to restore lasting inequities from the nation’s segregated history. In recent months, South African President Cyril Ramaphosa has introduced a proposal for a constitutional amendment supporting expropriation without compensation, stirring controversy and revolt throughout the country and across the globe. As questions continue to rise regarding the value of land reform and best practices for implementation, this paper identifies the relevant stakeholders in the debate over land reform and details the potential impacts of a redistributive mandate. Broadly speaking, this ...


Bankruptcy For Banks: A Tribute (And Little Plea) To Jay Westbrook, David A. Skeel Jr. 2018 University of Pennsylvania Law School

Bankruptcy For Banks: A Tribute (And Little Plea) To Jay Westbrook, David A. Skeel Jr.

Faculty Scholarship

In this brief essay, to be included in a book celebrating the work of Jay Westbrook, I begin by surveying Jay’s wide-ranging contributions to bankruptcy scholarship. Jay’s functional analysis has had a profound effect on scholars’ understanding of key issues in domestic bankruptcy law, and Jay has been the leading scholarly figure on cross-border insolvency. After surveying Jay’s influence, I turn to the topic at hand: a proposed reform that would facilitate the use of bankruptcy to resolve the financial distress of large financial institutions. Jay has been a strong critic of this legislation, arguing that financial ...


An Analysis Of The Universal Home Care Program: Considerations For Implementation With The Context Of Maine's Existing Ltss Programs, Eileen J. Griffin JD, Elizabeth C. Gattine JD, Louise Olsen, Stewart Bratesman MPP 2018 University of Southern Maine, Muskie School of Public Service

An Analysis Of The Universal Home Care Program: Considerations For Implementation With The Context Of Maine's Existing Ltss Programs, Eileen J. Griffin Jd, Elizabeth C. Gattine Jd, Louise Olsen, Stewart Bratesman Mpp

Disability & Aging

A citizen initiative on the November 2018 ballot (Question 1, An Act to Establish Universal Home Care for Seniors and Persons with Disabilities) would establish a "Universal Home Care Program" (UHC Program) to serve older adults and persons with a disability living in Maine. This report does not constitute either support for or opposition to the referendum but is intended as an independent assessment of how the UHC Program could be implemented if it were to be approved by Maine voters. This analysis focuses on the implications of the UHC Program within the context of the Medicaid and state-funded long ...


Citizens United As Bad Corporate Law, Leo E. Strine Jr., Jonathan Macey 2018 Supreme Court of Delaware; University of Pennsylvania Law School

Citizens United As Bad Corporate Law, Leo E. Strine Jr., Jonathan Macey

Faculty Scholarship

In this Article we show that Citizens United v. FEC, arguably the most important First Amendment case of the new millennium, is predicated on a fundamental misconception about the nature of the corporation. Specifically, Citizens United v. FEC, which prohibited the government from restricting independent expenditures for corporate communications, and held that corporations enjoy the same free speech rights to engage in political spending as human citizens, is grounded on the erroneous theory that corporations are “associations of citizens” rather than what they actually are: independent legal entities distinct from those who own their stock. Our contribution to the literature ...


The Tao Of The Dao: Taxing An Entity That Lives On A Blockchain, David J. Shakow 2018 University of Pennsylvania Law School

The Tao Of The Dao: Taxing An Entity That Lives On A Blockchain, David J. Shakow

Faculty Scholarship

In this report, Shakow explains how a decentralized autonomous organization functions and interacts with the U.S. tax system and presents the many tax issues that these structures raise. The possibility of using smart contracts to allow an entity to operate totally autonomously on a blockchain platform seems attractive. However, little thought has been given to how such an entity can comply with the requirements of a tax system. The DAO, the first major attempt to create such an organization, failed because of a programming error. If successful examples proliferate in the future, tax authorities will face significant problems in ...


Closing The Relinquishment Gap: How Removing Firearms From Abusers Reduces Domestic Violence Against Women, Holly P. Black 4960310 2018 University of Tennessee, Knoxville

Closing The Relinquishment Gap: How Removing Firearms From Abusers Reduces Domestic Violence Against Women, Holly P. Black 4960310

University of Tennessee Honors Thesis Projects

No abstract provided.


The Salience Theory Of Consumer Financial Regulation, Natasha Sarin 2018 University of Pennsylvania Law School

The Salience Theory Of Consumer Financial Regulation, Natasha Sarin

Faculty Scholarship

Prior to the financial crisis, banks’ fee income was their fastest-growing source of revenue. This revenue was often generated through nefarious bank practices (e.g., ordering overdraft transactions for maximal fees). The crisis focused popular attention on the extent to which current regulatory tools failed consumers in these markets, and policymakers responded: A new Consumer Financial Protection Bureau was tasked with monitoring consumer finance products, and some of the earliest post-crisis financial reforms sought to lower consumer costs. This Article is the first to empirically evaluate the success of the consumer finance reform agenda by considering three recent price regulations ...


Pretrial Release And Failure-To-Appear In Mclean County, Il, Jonathan Monsma 2018 Illinois State University

Pretrial Release And Failure-To-Appear In Mclean County, Il, Jonathan Monsma

Stevenson Center for Community and Economic Development to Stevenson Center for Community and Economic Development—Student Research

Actuarial risk assessment tools increasingly have been employed in jurisdictions across the U.S. to assist courts in the decision of whether someone charged with a crime should be detained or released prior to their trial. These tools should be continually monitored and researched by independent 3rd parties to ensure that these powerful tools are being administered properly and used in the most proficient way as to provide socially optimal results. McLean County, Illinois began using the Public Safety Assessment-CourtTM (PSA-Court or simply PSA) risk assessment tool beginning in 2016. This study culls data from the McLean County ...


Behavioral Finance, Decumulation And The Regulatory Strategy For Robo-Advice, Tom Baker, Benedict Dellaert 2018 University of Pennsylvania Law School

Behavioral Finance, Decumulation And The Regulatory Strategy For Robo-Advice, Tom Baker, Benedict Dellaert

Faculty Scholarship

This working paper surveys the decumulation services offered by investment robo-advisors as a case study with which to examine regulatory and market structure issues raised by automated financial advice. We provide a short introduction to decumulation, describing some of the uncertainties involved in identifying optimal decumulation strategies and sketching a few of the ‘rules of thumb’ that financial advisors have developed in this area in the face of this uncertainty. Next we describe behavioral effects that could inhibit consumers from following an optimal decumulation strategy, concluding that, left to their own devices, consumers are likely to make sub-optimal decumulation decisions ...


Crime Futures Market, Adam White 2018 Bowling Green State University

Crime Futures Market, Adam White

Adam White

Responding to the legally guilty is typically presented as a choice between incarceration and rehabilitation.  This paper suggests a third option: preemptive rehabilitation.  The argument presents an innovative institutional approach and a unique moral justification.  The vision is a crime futures market that transfers the risk of potential crime away from undeserving victims and into the portfolios of willing investors.  Instead of taxpayers paying exclusively for prisons, the proposal would allow young adults to sign contracts to not get involved in crime, but pay the award only upon their future success.  Because the contracts represent a future payment they are ...


Fare Policy And Vertical Equity: The Trade-Off Between Affordability And Cost Recovery, Xavier J. Harmony 2018 Northeast Corridor Commission

Fare Policy And Vertical Equity: The Trade-Off Between Affordability And Cost Recovery, Xavier J. Harmony

Journal of Public Transportation

Vertical equity and the maximization of farebox revenue are important but conflicting goals in the development of fare policy in the United States. Reducing fares for low-income riders reduces revenue for a transit agency, while increasing fares could disproportionately impact lower-income riders. This paper details this conflict, explores strategies that could account for both goals, and evaluates fare programs in the United States. Two types of low-income strategies are discussed: first generation strategies and targeted subsidy strategies. First generation strategies have several limitations that targeted subsidy strategies account for; first generation strategies focus more on supply, while targeted subsidy strategies ...


Climate Refugees: Establishing Legal Responses And U.S. Policy Possibilities, Steven Tetrick 2018 University of Minnesota, Morris

Climate Refugees: Establishing Legal Responses And U.S. Policy Possibilities, Steven Tetrick

Scholarly Horizons: University of Minnesota, Morris Undergraduate Journal

“Climate Refugee” describes a person who is forced to leave their home or community due to changes to the local environment, such as rising sea level, drought, famine, or other side effects of climate change. A study from the United Nations High Commission for Refugees estimates that with the current rate of climate change, 250 million people will become climate refugees by 2050. Under the current global institutions, climate refugees are not granted legal refugee rights and there are no specific legal frameworks protecting them at the international or national levels. This paper will focus on refugee and immigration policy ...


Is Antitrust's Consumer Welfare Principle Imperiled?, Herbert J. Hovenkamp 2018 University of Pennsylvania Law School

Is Antitrust's Consumer Welfare Principle Imperiled?, Herbert J. Hovenkamp

Faculty Scholarship

Antitrust’s consumer welfare principle stands for the proposition that antitrust policy should encourage markets to produce output as high as is consistent with sustainable competition, and prices that are accordingly as low. Such a policy does not protect every interest group. For example, it opposes the interests of cartels or other competition-limiting associations who profit from lower output and higher prices. It also runs counter to the interest of less competitive firms that need higher prices in order to survive. Market structure is relevant to antitrust policy, but its importance is contingent rather than absolute – that is, market structure ...


Consolidation And Elimination Of North Dakota School Districts: A Research Note, Nicholas Bauroth 2018 North Dakota State University - Main Campus

Consolidation And Elimination Of North Dakota School Districts: A Research Note, Nicholas Bauroth

Online Journal of Rural Research & Policy

In 1940, there were 2,272 school districts across North Dakota; by 1960, there were ‘only’ 1,351. This study examines the consolidation and elimination of school districts across North Dakota from 1950 to 1966. It finds that the decline in school district numbers was largely driven by the end of one-room schoolhouses as a means of providing public education, though school district taxes and county population density played a significant role as well.


Social Service Workers Knowledge On The Use Of Technology For Human Trafficking, Raquel Monique Holguin, Athena Noel Barber 2018 California State University, San Bernardino

Social Service Workers Knowledge On The Use Of Technology For Human Trafficking, Raquel Monique Holguin, Athena Noel Barber

Electronic Theses, Projects, and Dissertations

Human Trafficking is the modern-day equivalent of slavery. Those who perpetuate it do so because it is lucrative to invest in a product that can be resold multiple times (Ellis, 2017). The recent advancement of technology has tremendously helped traffickers thrive in the illicit business of Human Trafficking. Social media websites, online classifieds, and mobile applications are quickly becoming some of the major mediums perpetrators utilize to traffick their victims (Latonero, 2012). The purpose of this study was to examine social service workers’ knowledge on the use of technology for Human Trafficking. Face-to-face interviews were conducted and the participants were ...


Rethinking The Fiscal Relationship Between Public Lands And Public Land Counties: County Payments 4.0, Mark Haggerty 2018 Headwaters Economics

Rethinking The Fiscal Relationship Between Public Lands And Public Land Counties: County Payments 4.0, Mark Haggerty

Humboldt Journal of Social Relations

In 1908, Congress authorized payments to local governments, including counties and school districts, to compensate for the non-taxable status of the newly established forest reserves within their boundaries. The original program shared revenue generated from commercial activities on public lands, e.g. timber harvesting, not anticipating the major changes in the volume and types of activities on National Forest lands, particularly in the Pacific Northwest, that have played out over the past century. Two subsequent reforms – the appropriated Payments in Lieu of Taxes (PILT) in 1976 and ‘transition’ payments made between 1990 and 2018, including payments associated with the Northwest ...


The Policy Trajectories Of Autonomous Vehicles, John Paul MacDuffie 2018 University of Pennsylvania

The Policy Trajectories Of Autonomous Vehicles, John Paul Macduffie

Penn Wharton Public Policy Initiative

Autonomous Vehicle (AV) technology promises to dramatically reduce deaths and economic losses from crashes caused by human error, increase mobility for those with disabilities, and revolutionize the auto industry. Yet legislation to facilitate oversight of the development and deployment of AVs is stalling in Congress. Professor John Paul MacDuffie offers a primer on AV technology policy, and discusses strategies for addressing safety and other public concerns while still facilitating AV innovation in the private sector.


Protecting San Francisco Residents From The Wolves Of Wall Street: A Case Study, Jessica Lindquist 2018 The University of San Francisco

Protecting San Francisco Residents From The Wolves Of Wall Street: A Case Study, Jessica Lindquist

Master's Projects and Capstones

This research conducts the first deep data analysis of the public complaints filed to the Consumer Financial Protection Bureau's Consumer Complaint database by San Francisco residents. The case study highlights how consumer financial harms are a citywide problem: San Franciscans living at every income level and in every part of the city are struggling to resolve their financial issues with the wolves of Wall Street, the financial services industry. The recommendations center on what the city, particularly the San Francisco Office of Financial Empowerment, can do at a local level now that the Trump administration is focused on deregulating ...


Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff 2018 University of Pennsylvania Law School

Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff

Faculty Scholarship

After more than three decades during which it gave the issue scant attention, the Supreme Court has again made the American Pipe doctrine an active part of its docket. American Pipe addresses the tolling of statutes of limitations in federal class action litigation. When plaintiffs file a putative class action in federal court and class certification is denied, absent members of the putative class may wish to pursue their claims in some kind of further proceeding. If the statute of limitations would otherwise have expired while the class certification issue was being resolved, these claimants may need the benefit of ...


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