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Normalization Policies With Cuba: Implications For Political And Economic Reform, Ramona N. Khan 2016 The Graduate Center, City University of New York

Normalization Policies With Cuba: Implications For Political And Economic Reform, Ramona N. Khan

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

For longer than the past half century, the relationship between the United States and Cuba has been one of antagonism, mistrust, betrayal, hostility and defiance. Decades of mutual hostility arising from Cuba’s post revolution adoption of an economic system that emulated that of the Soviet Union, along with the long history of U.S. interference in Cuba’s domestic and international affairs that predated the Castro revolution and continued afterward, have resulted in this rancorous relationship. Cuba’s move to communism shortly after the Castro regime came to power was regarded as a threat to both democracy and capitalism ...


Shifting Immigration Policies In Response To The Syrian Refugee Crisis Across The European Union: A Case Analysis Of Germany, Hungary, And Lithuania, Anna M. Winslow 2016 University of Arizona

Shifting Immigration Policies In Response To The Syrian Refugee Crisis Across The European Union: A Case Analysis Of Germany, Hungary, And Lithuania, Anna M. Winslow

Claremont-UC Undergraduate Research Conference on the European Union

Over one million refugees have entered the borders of the European Union (EU) in 2015, forcing a discordant shift in the immigration policies of individual member states and upsetting the political stability of the region. This analysis answers the question of how immigration policies regarding asylum seekers in Germany, Hungary, and Lithuania specifically have changed recently and what these changes could indicate for the future of the European Union’s own immigration legislation. This research primarily paper analyzes asylum policy before the onset of the refugee crisis and evaluates how policy interests in the three different governments have developed in ...


A Mi’Kmaw Perspective On Advancing Salmon Governance In Nova Scotia, Canada: Setting The Stage For Collaborative Co-Existence, Shelley K. Denny, Lucia M. Fanning 2016 Dalhousie University

A Mi’Kmaw Perspective On Advancing Salmon Governance In Nova Scotia, Canada: Setting The Stage For Collaborative Co-Existence, Shelley K. Denny, Lucia M. Fanning

The International Indigenous Policy Journal

Issues related to fisheries governance are a source of debate and tension between the Indigenous Mi’kmaq people of Nova Scotia and the Canadian Department of Fisheries and Oceans (DFO) in matters concerning Atlantic salmon, Salmo salar. Within the context of the existing governance regime, this analysis compares the concept of salmon conservation and management from a Mi’kmaq perspective and proposes a collaborative co-existence approach for effective salmon governance in Nova Scotia. This approach begins by using co-management as a process, Two-Eyed Seeing as the design, and treaties as the model to achieve shared objectives of maintaining and improving ...


Spelling Out Spokeo, Craig Konnoth, Seth F. Kreimer 2016 University of Pennsylvania

Spelling Out Spokeo, Craig Konnoth, Seth F. Kreimer

Faculty Scholarship

For almost five decades, the injury-in-fact requirement has been a mainstay of Article III standing doctrine. Critics have attacked the requirement as incoherent and unduly malleable. But the Supreme Court has continued to announce “injury in fact” as the bedrock of justiciability. In Spokeo v. Robins, the Supreme Court confronted a high profile and recurrent conflict regarding the standing of plaintiffs claiming statutory damages. It clarified some matters, but remanded the case for final resolution. This Essay derives from the cryptic language of Spokeo a six stage process (complete with flowchart) that represents the Court’s current equilibrium. We put ...


China And Africa’S Peace And Security Agenda: The Burgeoning Appetite, Oita Etyang, Simon Oswan Panyako 2016 University of Johannesburg

China And Africa’S Peace And Security Agenda: The Burgeoning Appetite, Oita Etyang, Simon Oswan Panyako

Journal of African Conflicts and Peace Studies

China and Africa have had contacts since time immemorial. It is, however, in the last two decades that China vastly increased its engagement with Africa, following the first Ministerial Conference of the Forum on China-Africa Cooperation (FOCAC) that took place in 2000 and the Beijing Summit held in 2006. China has skillfully utilized its international strategy of multipolarity and non-interference to champion its economic interests as well as its hegemonic quest. It is undeniable that China has heavily invested in Africa through Foreign Direct Investments (FDI), and infrastructure development. China has also increased its appetite on matters peace and security ...


Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky 2016 Brooklyn Law School

Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky

Faculty Scholarship

The individual plaintiff plays a critical—yet, underappreciated—role in our legal system. Only lawsuits that are brought by individual plaintiffs allow the law to achieve the twin goals of efficiency and fairness. The ability of individual plaintiffs to seek justice against those who wronged them deters wrongdoing, ex ante, and in those cases in which a wrong has been committed nevertheless, it guarantees the payment of compensation, ex post. No other form of litigation, including class actions and criminal prosecutions, or even compensation funds, can accomplish the same result. Yet, as we show in this Essay, in many key ...


America’S Legendary Ignorance About Africa Persists, Julius A. Amin 2016 University of Dayton

America’S Legendary Ignorance About Africa Persists, Julius A. Amin

History Faculty Publications

In an increasingly interconnected and technological global environment, ignorance of Africa is no longer acceptable. This, especially from major political leaders. Yet, examples of such ignorance are evident in the current American presidential campaign. Neither the Republican nominee Donald J. Trump nor the democratic nominee Hillary R. Clinton has articulated any concrete vision for an African policy.


How Civility Works.Pdf, Keith J. Bybee 2016 Syracuse University

How Civility Works.Pdf, Keith J. Bybee

Keith J. Bybee

Is civility dead? Americans ask this question every election season, but their concern is hardly limited to political campaigns. Doubts about civility regularly arise in just about every aspect of American public life. Rudeness runs rampant. Our news media is saturated with aggressive bluster and vitriol. Our digital platforms teem with expressions of disrespect and trolls. Reflecting these conditions, surveys show that a significant majority of Americans believe we are living in an age of unusual anger and discord. Everywhere we look, there seems to be conflict and hostility, with shared respect and consideration nowhere to be found. In a ...


Aboriginal Performance Cultures And Language Revitalization: Foundations, Discontinuities, And Possibilities, Remi Alie 2016 The University of Western Ontario

Aboriginal Performance Cultures And Language Revitalization: Foundations, Discontinuities, And Possibilities, Remi Alie

Totem: The University of Western Ontario Journal of Anthropology

This paper address the question of how indigenous art and performance culture(s) can contribute to institutionalized language revitalization efforts in Canada, through their use of threatened indigenous languages. Drawing from a wide range of sources published between 1988 and 2014 by scholars, the Assembly of First Nations, departments and agencies of the Canadian government, and artistic practitioners, I illustrate the absence of performance from the available literature on language revitalization. By analyzing these documents thematically, I argue that a substantial shift occurred in the public discourse surrounding language revitalization between the 1980s and 1990s, and the mid- to late-2000s ...


Traditional Knowledge: Considerations For Protecting Water In Ontario, Deborah McGregor 2016 University of Toronto

Traditional Knowledge: Considerations For Protecting Water In Ontario, Deborah Mcgregor

Deborah McGregor

In Canada, the water crisis increasingly felt around the world is being experienced primarily in small, usually Indigenous, communities. At the heart of this issue lies an ongoing struggle to have Indigenous voices heard in the decision-making processes that affect their lives, lands, and waters. As part of ancient systems of Traditional Knowledge (TK), Indigenous people bear the knowledge and the responsibility to care for the waters upon which they depend for survival. A series of internationally developed documents has supported Indigenous peoples’ calls for increased recognition of the importance of TK in resolving environmental crises, including those involving water ...


Quantifying Phishing Susceptibility For Detection And Behavior Decisions., Casey Inez Canfield, Baruch Fischhoff, Alex Davis 2016 Carnegie Mellon University

Quantifying Phishing Susceptibility For Detection And Behavior Decisions., Casey Inez Canfield, Baruch Fischhoff, Alex Davis

Department of Engineering and Public Policy

OBJECTIVE: We use signal detection theory to measure vulnerability to phishing attacks, including variation in performance across task conditions.

BACKGROUND: Phishing attacks are difficult to prevent with technology alone, as long as technology is operated by people. Those responsible for managing security risks must understand user decision making in order to create and evaluate potential solutions.

METHOD: Using a scenario-based online task, we performed two experiments comparing performance on two tasks: detection, deciding whether an e-mail is phishing, and behavior, deciding what to do with an e-mail. In Experiment 1, we manipulated the order of the tasks and notification of ...


Beyond Global Warming Potential: A Comparative Application Of Climate Impact Metrics For The Life Cycle Assessment Of Coal And Natural Gas Based Electricity, DeVynne Farquharson, Paulina Jaramillo, Greg Schivley, Kelly Klima, Derrick R. Carlson, Constantine Samaras 2016 Carnegie Mellon University

Beyond Global Warming Potential: A Comparative Application Of Climate Impact Metrics For The Life Cycle Assessment Of Coal And Natural Gas Based Electricity, Devynne Farquharson, Paulina Jaramillo, Greg Schivley, Kelly Klima, Derrick R. Carlson, Constantine Samaras

Department of Engineering and Public Policy

In the ongoing debate about the climate benefits of fuel switching from coal to natural gas for power generation, the metrics used to model climate impacts may be important. In this article, we evaluate the life cycle greenhouse gas emissions of coal and natural gas used in new, advanced power plants using a broad set of available climate metrics in order to test for the robustness of results. Climate metrics included in the article are global warming potential, global temperature change potential, technology warming potential, and cumulative radiative forcing. We also used the Model for the Assessment of Greenhouse-gas Induced ...


The Destructive Ambiguity Of Federal Proxy Access, Jill E. Fisch 2016 University of Pennsylvania Law School

The Destructive Ambiguity Of Federal Proxy Access, Jill E. Fisch

Jill Fisch

After almost seventy years of debate, on August 25, 2010, the SEC adopted a federal proxy access rule. This Article examines the new rule and concludes that, despite the prolonged rule-making effort, the new rule is ambiguous in its application and unlikely to increase shareholder input into the composition of corporate boards. More troubling is the SEC’s ambiguous justification for its rule which is neither grounded in state law nor premised on a normative vision of the appropriate role of shareholder nominations in corporate governance. Although the federal proxy access rule drew an unprecedented number of comment letters and ...


Filling In The Blanks On Reducing Tobacco Product Addictiveness In The Fctc Partial Guidelines For Articles 9 & 10, Eric N. Lindblom 2016 Georgetown University Law Center

Filling In The Blanks On Reducing Tobacco Product Addictiveness In The Fctc Partial Guidelines For Articles 9 & 10, Eric N. Lindblom

Eric Lindblom

The existing Partial Guidelines for Implementation of Articles 9 & 10 of the WHO Framework Convention for Tobacco Control includes a strategy for regulating tobacco products to reduce their attractiveness, but does not yet provide any guidance for reducing either the toxicity or the addictiveness of tobacco products. Section 1.2.1.2, “Addictiveness (dependence liability),” states only that: “This section has been left blank intentionally to indicate that guidance will be proposed at a later stage.” A related footnote says that the blanks will be filled “as new country experience, and scientific, medical and other evidence become available. . . [and] will ...


Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang 2016 Univ of Penn Law School

Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang

Sean Farhang

The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to ...


Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang 2016 University of Pennsylvania Law School

Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang

Sean Farhang

In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented 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 Of Statutory And Administrative Law In The United States (And Other Common Law Countries), Stephen B. Burbank, Sean Farhang, Herbert M. Kritzer 2016 University of Pennsylvania

Private Enforcement Of Statutory And Administrative Law In The United States (And Other Common Law Countries), Stephen B. Burbank, Sean Farhang, Herbert M. Kritzer

Sean Farhang

Our aim in this paper, which was prepared for an international conference on comparative procedural law to be held in July 2011, is to advance understanding of private enforcement of statutory and administrative law in the United States, and, to the extent supported by the information that colleagues abroad have provided, of comparable phenomena in other common law countries. Seeking to raise questions that will be useful to those who are concerned with regulatory design, we briefly discuss aspects of American culture, history, and political institutions that reasonably can be thought to have contributed to the growth and subsequent development ...


Federal Court Rulemaking And Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang 2016 University of Pennsylvania Law School

Federal Court Rulemaking And Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang

Sean Farhang

The purpose of this article is to advance understanding of the role that federal court rulemaking has played in litigation reform. For that purpose, we created original data sets that include (1) information about every member of the Advisory Committee on Civil Rules who served from 1960 to 2013, and (2) every proposal for amending the Federal Rules that the Advisory Committee approved for consideration by the Standing Committee during the same period and that had implications for private enforcement. We show that, beginning in 1971, when a succession of Chief Justices appointed by Republican Presidents have chosen committee members ...


The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Reform, Stephen B. Burbank, Sean Farhang 2016 University of Pennsylvania Law School

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

Sean Farhang

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 ...


Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon 2016 Indiana University Maurer School of Law (Student)

Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon

Indiana Journal of Constitutional Design

No abstract provided.


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