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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 ...


Crowdsourcing: A New Tool For Policy-Making?, Araz TAEIHAGH 2018 Singapore Management University

Crowdsourcing: A New Tool For Policy-Making?, Araz Taeihagh

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, Michael P. Johnson Jr. 2018 University of Massachusetts - Boston

Community-Engaged Operations Research: Localized Interventions, Appropriate Methods, Social Impact, Michael P. Johnson Jr.

Michael P. Johnson

Community-engaged operations research is an extension of multiple OR/MS traditions to support participatory research, localized impact and social change. It applies critical thinking, evidence-based policy analysis, community participation and decision modeling to local interventions. It emphasizes the needs, voices and values of disadvantaged and marginalized populations. It rests on a foundation of meaningful engagement with communities. Through a survey of current scholarship in two complementary areas of inquiry, ‘community operational research’ (referring to work by primarily European researchers) and ‘community-based operations research’ (referring to work by primarily American researchers), I develop principles for community-engaged OR, present critical questions that ...


Dual Residents: A Sur-Reply To Zelinsky, Michael S. Knoll, Ruth Mason 2018 University of Pennsylvania Law School

Dual Residents: A Sur-Reply To Zelinsky, Michael S. Knoll, Ruth Mason

Faculty Scholarship

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, Jamie V. Kramer MA, CHRP 2018 University of Windsor

Functional Accessibility On The Web: How The Aoda Fails End Users, Jamie V. Kramer Ma, Chrp

Major Papers

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, Rhea Handa 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, Michael S. Knoll 2018 University of Pennsylvania Law School

On The Disparate Treatment Of Business And Personal Salt Payments, Michael S. Knoll

Faculty Scholarship

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 ...


What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler 2017 University of Pennsylvania Law School

What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler

Faculty Scholarship

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, James Cochran, Jonathan Houck, Greg Peterson 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

Human–Wildlife Interactions

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, Thomas J. Christiansen, Lorien R. Belton 2017 Wyoming Game and Fish Department

Wyoming Sage-Grouse Working Groups: Lessons Learned, Thomas J. Christiansen, Lorien R. Belton

Human–Wildlife Interactions

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, Preston G. Johnson 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

Capstone Collection

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), Wen Feng Yip 2017 San Jose State University

Evaluation Of Immigration And Citizenship Program (Icp), Wen Feng Yip

Master's Projects

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, Tae Hwan Ihm 2017 San Jose State University

Santa Clara County Senior Nutrition Program Evaluation Report, Tae Hwan Ihm

Master's Projects

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, Paul Mark Fulcher 2017 San Jose State University

Protecting And Maintaining Silicon Valley’S Liquid Gold, Paul Mark Fulcher

Master's Projects

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, Nick Kaspar 2017 San Jose State University

Policy 15.02.2 Of The Ncaa Regulation Handbook: An Impact Analysis, Nick Kaspar

Master's Projects

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 ...


Mediation Styles And Participants’ Perception Of Success In Consultative Councils: The Case Of Guadalajara, Mexico, David López García 2017 The New School

Mediation Styles And Participants’ Perception Of Success In Consultative Councils: The Case Of Guadalajara, Mexico, David López García

Journal of Public Deliberation

This article entails a comparative study of municipal consultative councils in Guadalajara, Mexico, to explore the mediation styles employed by those in charge of conducting the councils’ deliberation, which I call Mediators of Deliberative Process (MDP). Through the construction of an indicator called Participants’ Perception of Success, the article evaluates the relationship between the mediators’ styles and the degree to which participants think that the consultative council (CC) has been successful in achieving its purported goals. The results suggest that 1) MDPs exert different levels of directiveness that change over the course of the mediation according to the type of ...


Crowdsourcing: A New Tool For Policy-Making?, Araz TAEIHAGH 2017 Singapore Management University

Crowdsourcing: A New Tool For Policy-Making?, Araz Taeihagh

Research Collection School of Social Sciences

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 ...


Crowdsourcing: A New Tool For Policy-Making?, Araz TAEIHAGH 2017 Singapore Management University

Crowdsourcing: A New Tool For Policy-Making?, Araz Taeihagh

Research Collection School of Social Sciences

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 ...


Climate Change Risk And The Maryland State Retirement And Pension System, Wes L. Hanson, Matthew Binstead, Nathan Hultman, Alan S. Miller, Travis St. Clair 2017 University of Maryland at College Park

Climate Change Risk And The Maryland State Retirement And Pension System, Wes L. Hanson, Matthew Binstead, Nathan Hultman, Alan S. Miller, Travis St. Clair

Wes L. Hanson

Climate change poses a real and meaningful threat to economies, industries, and companies at global, national, and local levels. The physical impacts of climate change create multiple, well-documented risks to people, governments, and business, but the risks are not limited to physical damages: other important risks include loss of competitiveness and value associated with the transition to a low carbon economy, and legal liability for the mismanagement of such risks. These risks are particularly relevant to public pension funds, which have long-running, predefined obligations to beneficiaries and need to sustain growth over longer time horizons.


Antitrust Policy And Inequality Of Wealth, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

Antitrust Policy And Inequality Of Wealth, Herbert J. Hovenkamp

Faculty Scholarship

Why would anyone want to use antitrust law as a wealth distribution device when far more explicit statutory tools are available for that purpose? One feature of antitrust is its open-textured, nonspecific statutes that are interpreted by judges. As a result, using antitrust to redistribute wealth may be a way of invoking the judicial process without having to go to Congress or a state legislature that is likely to be unsympathetic. Of course, a corollary is that someone attempting to use antitrust law to redistribute wealth will have to rely on the existing antitrust statutes rather than obtaining a new ...


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