Policy Design, Analysis, and Evaluation Commons^™

What's Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas

All Faculty Scholarship

Equality in criminal sentencing often translates into equalizing outcomes and stamping out variations, whether race-based, geographic, or random. This approach conflates the concept of equality with one contestable conception focused on outputs and numbers, not inputs and processes. Racial equality is crucial, but a concern with eliminating racism has hypertrophied well beyond race. Equalizing outcomes seems appealing as a neutral way to dodge contentious substantive policy debates about the purposes of punishment. But it actually privileges deterrence and incapacitation over rehabilitation, subjective elements of retribution, and procedural justice, and it provides little normative guidance for punishment. It also has unintended …

Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle

All Faculty Scholarship

This Article examines the role military automated surveillance and intelligence systems and techniques have supported a self-reinforcing racial bias when used by civilian police departments to enhance predictive policing programs. I will focus on two facets of this problem. First, my research will take an inside-out perspective, studying the role played by advanced military technologies and methods within civilian police departments, and how they have enabled a new focus on deterrence and crime prevention by creating a system of structural surveillance where decision support relies increasingly upon algorithms and automated data analysis tools, and which automates de facto penalization and …

Reimagining The Risk Of Long-Term Care, Allison K. Hoffman

All Faculty Scholarship

U.S. law and policy on long-term care fail to address the insecurity American families face due to prolonged illness and disability — a problem that grows more serious as the population ages and rates of disability rise. This Article argues that, even worse, we have focused on only part of the problem. It illuminates two ways that prolonged disability or illness can create insecurity. The first arises from the risk of becoming disabled or sick and needing long-term care, which could be called “care-recipient” risk. The second arises out of the risk of becoming responsible for someone else’s care, which …

Governmental Intervention In An Economic Crisis, Robert K. Rasmussen, David A. Skeel Jr.

All Faculty Scholarship

This paper articulates a framework both for assessing the various government bailouts that took place at the onset of Great Recession and for guiding future rescue efforts when they become necessary. The goals for those engineering a bailout should be to be as transparent as possible, to articulate clearly the reason for the intervention, to respect existing priorities among investors, to exercise control only at the top level where such efforts can be seen by the public, and to exit as soon as possible. By these metrics, some of the recent bailouts should be applauded, while others fell short. We …

The Constitutionalization Of Indian Private Law, Shyamkrishna Balganesh

All Faculty Scholarship

In this Essay, I examine the interaction between Indian constitutional law and Indian tort law. Using the context of the Indian Supreme Court’s dramatic expansion of its fundamental rights jurisprudence over the last three decades, I argue that while the Court’s conscious and systematic effort to transcend the public law/private law divide and incorporate concepts and mechanisms from the latter into the former might have produced a few immediate and highly salient benefits for the public law side of the system, its long terms effects on India’s private law edifice have been devastating. The Court’s fusion of constitutional law and …

Motivating Without Mandates: The Role Of Voluntary Programs In Environmental Governance, Cary Coglianese, Jennifer Nash

All Faculty Scholarship

For the last several decades, governments around the world have tried to use so-called voluntary programs to motivate private firms to act proactively to protect the environment. Unlike conventional environmental regulation, voluntary programs offer businesses flexibility to adopt cost-effective measures to reduce environmental impacts. Rather than prodding firms to act through threats of enforcement, they aim to entice firms to move forward by offering various kinds of positive incentives, ranging from public recognition to limited forms of regulatory relief. Despite the theoretical appeal of voluntary programs, their proper role in government’s environmental toolkit depends on the empirical evidence of how …

The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang

All Faculty Scholarship

This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of …

From Promise To Form: How Contracting Online Changes Consumers, David A. Hoffman

All Faculty Scholarship

I hypothesize that different experiences with online contracting have led some consumers to see contracts—both online and offline—in distinctive ways. Experimenting on a large, nationally representative sample, this paper provides evidence of age-based and experience-based differences in views of consumer contract formation and breach. I show that younger subjects who have entered into more online contracts are likelier than older ones to think that contracts can be formed online, that digital contracts are legitimate while oral contracts are not, and that contract law is unforgiving of breach.

I argue that such individual differences in views of contract formation and enforceability …

Assessing The Theory Of Demographics As Destiny & Patterns Of Bloc Voting In The United States, Nathan Benjamin Susman

Senior Projects Spring 2016

By 2044, it is predicted that America will be a majority-minority country-- that is, a plurality of minorities will begin to outnumber white people. Some suggest that this demographic trend suggests the demise of the Republican party, thanks to their historical paucity of support amongst minority communities. This has been deemed the "Demographics as Destiny" theory. This paper argues that the theory of "Demographics as Destiny is based on four assumptions:

1) that the population of minority communities will continue to grow by leaps and bounds;

2) that minorities will soon register to vote and cast ballots in proportion to …

Did Municipal Stabilization Funds Effectively Smooth Expenditures During The Great Recession?, Lauren Kesselring

MPA/MPP/MPFM Capstone Projects

Budget stabilization fund (BSF) is a general term for rainy day funds, contingency funds, and reserves. Historically, researchers have studies BSFs at the state level. However, after the Great Recession municipalities have increasingly adopted BSFs. So far, there are several unknowns surrounding municipal BSFs. The intent of this paper is to start addressing some of these unknowns. The paper seeks to answer the question, did municipal BSFs smooth expenditures over the Great Recession? This study uses data from Lexington-Fayette Urban County Government and eleven comparable municipalities.

The municipality BSF literature is in its infancy. Previous research has focused on state …

The Determinants Of Childbirth Grants Of Local Governments In South Korea, Gi-Jung Kim

MPA/MPP/MPFM Capstone Projects

Declining fertility is one of the top policy issues in South Korea. To increase the birth rate, the government of South Korea has been enacting several fertility encouragement polices. Although almost all of the birth encouragement policies have been led by the central government, a childbirth grant program was developed by primary local governments themselves. The grant levels vary significantly between local governments.

I examine what explains the differences in the childbirth grant level by analyzing twelve years (2004-2015) of panel data with a fixed-effects model. Prior studies indicate that the extent of demand for a policy and the availability …

A Benefit-Cost Analysis Of Korea's "Advance Passenger Information System", Chanyoung Lee

MPA/MPP/MPFM Capstone Projects

Since the tragic 9/11 terrorist attack on the United States in 2001, many countries have been following the US's decisions on the introduction of an air security program. At the heart of the program is the Advance Passenger Information System or the API system. Considering major developed countries' stances and related international organizations' efforts toward the API system's advance, it seems that the introduction of the API system is expected to be a necessity or a kind of obligation both to border control agencies and air flight companies in the near future. However, this does not mean that the introduction …

Life, Liberty, And The Pursuit Of Happiness: Measuring What Matters, Laura Musikanski, Carl Polley

Journal of Sustainable Social Change

This essay focuses on ways in which the governments of Bhutan and the United Kingdom are measuring subjective well-being as well as on how other governments including Norway, Spain, China, Canada, and New Zealand, are exploring the development of subjective well-being indicators. It concludes with recommended actions to aid in the formation of a consistent and comparable subjective well-being indicator for use by governments globally. The third in a series for which the purpose is to provide information to grassroots activists to foster the happiness movement for a new economic paradigm, this essay builds on the previous essays, Happiness in …

Temporary Legislation, Better Regulation And Experimentalist Governance: An Empirical Study, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

Smart Engagement: Planning And Decision-Making In Distressed Urban Neighborhoods, Justin Hollander, Michael P. Johnson Jr., Eliza D. Whiteman

Michael P. Johnson

Fish Landings At The World’S Commercial Fishing Ports, Tim Huntington, Fiona Nimmo, Graeme Macfadyen

Journal of Ocean and Coastal Economics

In 2009, the United Nations Food and Agriculture Organization (FAO) adopted the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated (IUU) fishing (PSMA). Countries that ratify the treaty commit to exert greater control at ports over foreign-flagged vessels to detect IUU catch before it is offloaded from vessels, and prevent the ill-gotten catch from entering the world’s markets. The PSMA, when effectively implemented globally, will be a major deterrent to IUU fishing. A major challenge to selecting ports for enhanced controls has been the lack of data on which ports are the world’s largest …

Advocacy In Action: A Framework For Implementation Of The American Counselors Association Advocacy Competencies On A Local Level, Jeffrey M. Lown

Educational Specialist, 2009-2019

Despite calls from within the professional field and external forces, counselors have faced ongoing challenges in their efforts to be effective advocates for their clients and themselves. A review of the literature reveals that throughout the history of the profession, prominent figures have called on counselors to assume advocacy roles, and that some initiatives have been successful in fostering lasting change. However, as counselors and their clients’ needs continue to evolve, so too must strategies to address these needs be reevaluated and new initiatives put into place.

In this paper, I have outlined a committee structure and agenda that seeks …

Adapting To Climate Change: The Case Of Multi-Level Governance And Municipal Adaptation Planning In Nova Scotia, Canada, Brennan A. Vogel

Electronic Thesis and Dissertation Repository

Nova Scotia is the only province in Canada to use the gas tax as a financial incentive to create a regulatory mandate for ‘Municipal Climate Change Action Plans’ (MCCAPs). The MCCAP adaptation policy mandate initiated and enabled climate change vulnerability assessment and the development of climate risk priorities and adaptation plans to uniformly occur at the local scale in 53 Nova Scotian municipalities. This dissertation seeks to answer the question: What are the social factors that impacted municipal climate change adaptation policy and planning processes in the multi-level governance context of Nova Scotia’s MCCAP?

The study develops and operationalizes a …

Opening Address: Mark Ensalaco, University Of Dayton Human Rights Center, Mark Ensalaco

Mark Ensalaco

No abstract provided.

Applications Of Cultural Theory And Empirical Analysis Of Sustainable Energy Policy Preferences In Arkansas, John Henry Kester Iii

Graduate Theses and Dissertations

The local policy arena is ripe for research on policy elite decisionmaking because where policy diffusion is concerned, previous studies focus on state-to-state and city-to-city dynamics. Therefore, there is a significant opportunity to expand understanding about the adoption of policies and policy diffusion at the local level. Identification of individual level determinants that signify policy adoption is a cornerstone to fostering this knowledge. This study examines such preference indicators found among policy elites in select Arkansas cities. For this research, the primary theoretical perspective for evaluating individual determinants is cultural theory, which has shown strong correlation to individual policy preference …