Capturing Regulatory Agendas?: An Empirical Study Of Industry Use Of Rulemaking Petitions, 2018 University of Pennsylvania Law School
Capturing Regulatory Agendas?: An Empirical Study Of Industry Use Of Rulemaking Petitions, Daniel E. Walters
A great deal of skepticism toward administrative agencies stems from the widespread perception that they excessively or even exclusively cater to business interests. From the political right comes the accusation that business interests use regulation to erect barriers to entry that protect profits and stifle competition. From the political left comes the claim that business interests use secretive interactions with agencies to erode and negate beneficial regulatory programs. Regulatory “capture” theory elevates many of these claims to the status of economic law. Despite growing skepticism about capture theory in academic circles, empirical studies of business influence and capture return ambiguous ...
Residential Settings And Healthcare Use Of The Rural "Oldest-Old" Medicare Population, 2018 University of Southern Maine, Muskie School of Public Service, Maine Rural Health Research Center,
Residential Settings And Healthcare Use Of The Rural "Oldest-Old" Medicare Population, Nathan Paluso Mph, Zachariah Croll, Deborah Thayer Mba, Jean A. Talbot Phd, Mph, Andrew F. Coburn Phd
The aging of the baby boom generation is projected to dramatically increase the population aged 65 and older in the coming decades. In particular, those aged 85 and older (the ‘oldest old’) are expanding at a faster rate than any other age group and by 2050 are expected to make up 4.5 percent of the population, compared to 1.9 percent in 2012. Faster growth in the percentage of older people (65+) in rural than in urban areas is likely to challenge the healthcare and long term services and supports (LTSS) capacity in many rural communities.
This study used ...
Why The United Nations Underperforms At Preventing Mass Atrocities, 2018 Columbia University
Why The United Nations Underperforms At Preventing Mass Atrocities, Edward C. Luck
Genocide Studies and Prevention: An International Journal
No abstract provided.
Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, 2018 University of Pennsylvania Law School
Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff
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 ...
Crowdsourcing: A New Tool For Policy-Making?, 2018 Singapore Management University
Crowdsourcing: A New Tool For Policy-Making?, Araz Taeihagh
Crowdsourcing is rapidly evolving and applied in situations where ideas, labour, opinion or expertise of large groups of people is used. Crowdsourcing is now used in various policy-making initiatives; however, this use has usually focused on open collaboration platforms and specific stages of the policy process, such as agenda-setting and policy evaluations. Other forms of crowdsourcing have been neglected in policy-making, with a few exceptions. This article examines crowdsourcing as a tool for policy-making and explores the nuances of the technology and its use and implications for different stages of the policy process. The article addresses questions surrounding the role ...
Community-Engaged Operations Research: Localized Interventions, Appropriate Methods, Social Impact, 2018 University of Massachusetts - Boston
Community-Engaged Operations Research: Localized Interventions, Appropriate Methods, Social Impact, Michael P. Johnson Jr.
Michael P. Johnson
Dual Residents: A Sur-Reply To Zelinsky, 2018 University of Pennsylvania Law School
Dual Residents: A Sur-Reply To Zelinsky, Michael S. Knoll, Ruth Mason
In this article, we respond to Professor Zelinsky’s criticism of our arguments regarding the constitutionality of New York’s tax residence rule. We argue that the Supreme Court’s decision in Wynne requires reconsideration of the New York Court of Appeal’s decision in Tamagni.
Functional Accessibility On The Web: How The Aoda Fails End Users, 2018 University of Windsor
Functional Accessibility On The Web: How The Aoda Fails End Users, Jamie V. Kramer Ma, Chrp
The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) impacts the way persons with disabilities are able to access goods and services in Ontario. With more than 3 million people living with disabilities in Ontario, it is essential to enact the legislation to create equity. The AODA equates “obtainable” with “accessible” without recognizing the stark contrast between having access to something and being able to keep informed because the content is created with persons with disabilities in mind. This paper focuses on the effectiveness of the AODA’s website compliance standards under the Web Content Accessibility Guidelines (WCAG) as required ...
A Lesson In Learning: Improving Learning Outcomes In India Via Pedagogical Innovation, 2018 Scripps College
A Lesson In Learning: Improving Learning Outcomes In India Via Pedagogical Innovation, Rhea Handa
Scripps Senior Theses
When delivered well, education is key to addressing a host of individual and societal ills, from poverty and disease to crime and poor voter engagement. India has demonstrated considerable progress in improving various aspects of its primary education system, including infrastructure and buildings, teacher-student ratios, and school enrollment. However, student learning outcomes remain consistently low across the country. A review of the literature surrounding learning outcomes has highlighted gaps in school instruction and has shown the dire need for innovations in pedagogy and curriculum to improve student learning. This paper assesses the long-term impact of one such pedagogy, called Teaching ...
On The Disparate Treatment Of Business And Personal Salt Payments, 2018 University of Pennsylvania Law School
On The Disparate Treatment Of Business And Personal Salt Payments, Michael S. Knoll
The Tax Cuts and Jobs Act, H.R. 1, would eliminate the federal income tax deduction for nonbusiness state and local taxes while maintaining the deduction for business state and local taxes. That disparate treatment has generated a storm of negative commentary. In this short essay, I consider whether the federal tax law should allow a deduction for business state and local taxes assuming that there is no deduction for nonbusiness state and local taxes. I argue that investors and businesses, including pass-through businesses, should be allowed to deduct state and local property and sales taxes, but not general income ...
The Empty Idea Of “Equality Of Creditors”, 2018 University of Pennsylvania Law School
The Empty Idea Of “Equality Of Creditors”, David A. Skeel Jr.
For two hundred years, the equality of creditors norm—the idea that similarly situated creditors should be treated similarly—has been widely viewed as the most important principle in American bankruptcy law, rivaled only by our commitment to a fresh start for honest but unfortunate debtors. I argue in this Article that the accolades are misplaced. Although the equality norm once was a rough proxy for legitimate concerns, such as curbing self-dealing, it no longer plays this role. Nor does it serve any other beneficial purpose.
Part I of this Article traces the historical emergence and evolution of the equality ...
Mental Disorder And Criminal Justice, 2018 University of Pennsylvania Law School
Mental Disorder And Criminal Justice, Stephen J. Morse
This paper is a chapter that will appear in REFORMING CRIMINAL JUSTICE: A REPORT OF THE ACADEMY FOR JUSTICE BRIDGING THE GAP BETWEEN SCHOLARSHIP AND REFORM (Erik Luna ed., Academy for Justice 2018). The criminal law treats some people with severe mental disorders doctrinally and practically differently at virtually every stage of the criminal justice process, beginning with potential incompetence to stand trial and ending with the question of competence to be executed, and such people have special needs when they are in the system. This chapter begins by exploring the fundamental mental health information necessary to make informed judgements ...
What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, 2017 University of Pennsylvania Law School
What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler
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 ...
The Gunnison Basin Sage-Grouse Strategic Committee: A Colorado County’S Fight For Conservation Self-Determination, 2017 Gunnison County, Colorado
The Gunnison Basin Sage-Grouse Strategic Committee: A Colorado County’S Fight For Conservation Self-Determination, James Cochran, Jonathan Houck, Greg Peterson
Since 1995, sage-grouse (Centrocercus spp.) conservation planning in the western United States has largely been based upon local working groups comprised of federal, state and local governments, environmental groups, landowners, interested citizens. In this article, we review the history and process of these local working groups in western Colorado. These groups are generally convened by one or more government agencies, operate on the general principle of consensus, and have little or no administrative or financial support. The local working groups were generally comprised of field biologist, rancher/landowners, members of local environmental groups and occasionally representatives from local governments. The ...
Wyoming Sage-Grouse Working Groups: Lessons Learned, 2017 Wyoming Game and Fish Department
Wyoming Sage-Grouse Working Groups: Lessons Learned, Thomas J. Christiansen, Lorien R. Belton
The greater sage-grouse (Centrocercus urophasianus) has been the subject of multiple status reviews under the Endangered Species Act (ESA). Wyoming accounts for approximately 38% of the range-wide population. Since 2000, 2 statewide and 8 local citizen working groups have been established in Wyoming to developed conservation plans and advise state policy. The first statewide plan for the conservation of sage-grouse was formally adopted in 2003. The statewide plan established local sage-grouse working groups charged with developing and facilitating implementation of local conservation plans. Those 8 plans were completed in 2007 and 2008, and updated in 2014. From 2005-2017, the local ...
Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, 2017 SIT Graduate Institute
Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, Preston G. Johnson
In 1860, British colonizers codified Section 377 into the Indian Penal Code. 377 is an anti-sodomy law based on Victorian/Judeo-Christian values which criminalizes homosexuality through judicial interpretation and the manipulation of ambiguous language. On August 15th, 2017, India celebrated 70 years of independence from British control, yet 377 still exerts oppressive control over the safety and freedom of Indian LGBTQI communities. Defining queerness as perversion has caused LGBTQI individuals to become victims of false accusations, blackmail, harassment, housing and workplace discrimination, familial rejection, forced “conversion therapy”, assault, rape, torture, and even murder because of this power imbalance and ...
Evaluation Of Immigration And Citizenship Program (Icp), 2017 San Jose State University
Evaluation Of Immigration And Citizenship Program (Icp), Wen Feng Yip
There are many non-profit organizations which provide immigration and other legal services to immigrants in Santa Clara County. However, the capacity of legal services providers and their partners still face daunting challenges when trying to meet an overwhelming need that contrasts with limited resources (McAllister, 2015). Under these circumstances, the quality and effectiveness of immigration legal service providers in delivering their services is a subject of concern for immigrant groups. Community-based organizations are best suited to help immigrants with the legalization process (Cordero-Guzman, 2005) and their integration into the economic, political, and social mainstream in the long run.
The Immigration ...
Santa Clara County Senior Nutrition Program Evaluation Report, 2017 San Jose State University
Santa Clara County Senior Nutrition Program Evaluation Report, Tae Hwan Ihm
Santa Clara County conducts a Senior Nutrition Program (SNP) in conjunction with the City of San Jose, the Outreach Paratransit Program and local community-based organizations (CBOs) like Sourcewise (Lam, 2015). These programs combined represent a significant investment of public funds, with more than 45% of the SNP program’s funding coming from the county General Fund (Lam, 2015). Such a large financial commitment needs to demonstrate some benefit to the participants, and some positive outcomes from the current program design. This study evaluated the SNP’s effectiveness in achieving its primary goals. Primary goals of the SNP are to promote ...
Protecting And Maintaining Silicon Valley’S Liquid Gold, 2017 San Jose State University
Protecting And Maintaining Silicon Valley’S Liquid Gold, Paul Mark Fulcher
Public sector leaders and decision makers in the California water industry have learned from previous severe drought conditions that to sustain water supplies during extremely dry seasons, there is a substantial need for behavioral changes associated with water conservation efforts among the businesses and residents of the community to maintain an adequate water supply. The intent of this study is to compare four California water agencies that have been designated as sustainable groundwater agencies (GSA), and determine what current programs and/or practices those agencies are using to meet the mandated requirements of the Sustainable Groundwater Management Act of 2014 ...
Policy 15.02.2 Of The Ncaa Regulation Handbook: An Impact Analysis, 2017 San Jose State University
Policy 15.02.2 Of The Ncaa Regulation Handbook: An Impact Analysis, Nick Kaspar
In January 2015, the Power Five Conferences of the National Collegiate Athletic Association (NCAA) passed a new policy to change the procedure by which the amount of athletic financial aid is calculated and provided to student athletes (Sherman, 2015). Policy 15.02.2 of the NCAA Regulation Handbook states that institutions can provide athletic financial aid based on the cost of attendance rather than the cost of living (National Colligate Athletic Association, 2017). The previous policy allowed for institutions to provide cost of living aid, including total cost of tuition, books, supplies, and meals (National Colligate Athletic Association, 2012). The ...