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Normalization Policies With Cuba: Implications For Political And Economic Reform, Ramona N. Khan 2016 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 ...


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 ...


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 ...


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.


The Voice Of The People: Public Participation In The African Continent, Rafael Macia 2016 Indiana University Maurer School of Law (Student)

The Voice Of The People: Public Participation In The African Continent, Rafael Macia

Indiana Journal of Constitutional Design

Public participation is becoming a more common characteristic of constitutional drafting processes around the world, and Africa has not been an exception in this regard. This paper seeks to survey several of the public participation processes undertaken in a number of African nations, in order to examine the methods followed and the effects produced by such processes. For that purpose, I have analyzed the constitutional drafting efforts in South Africa, Uganda, Eritrea, Zimbabwe, Rwanda, Kenya, and Egypt. These processes all show different circumstances and approaches, with variations in terms of their top-down or bottom-up nature, and, more importantly, in terms ...


Who Cares How Congress Really Works?, Ryan David Doerfler 2016 University of Pennsylvania Law School

Who Cares How Congress Really Works?, Ryan David Doerfler

Faculty Scholarship

Legislative intent is a fiction. Courts and scholars accept this by and large. As this Article shows, however, both are confused as to why, and, more importantly, as to what this entails.

This Article argues that the standard account of why legislative intent is a fiction—that Congress is a “they,” not an “it”—rests on an overly simplistic conception of shared agency. Drawing on contemporary work in philosophy of action, this Article contends that Congress as such has no intentions not because of difficulties in aggregating the intentions of individual members, but rather because Congress lacks the sort of ...


What's Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas 2016 Cardozo Law School

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

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 ...


Benefit-Cost Analysis For Transportation Planning And Public Policy: Towards Multimodal Demand Modeling, Matthew Holian, Ralph McLaughlin 2016 San Jose State University

Benefit-Cost Analysis For Transportation Planning And Public Policy: Towards Multimodal Demand Modeling, Matthew Holian, Ralph Mclaughlin

Mineta Transportation Institute Publications

This report examines existing methods of benefit-cost analysis (BCA) in two areas, transportation policy and transportation planning, and suggests ways of modifying these methods to account for travel within a multimodal system. Although the planning and policy contexts differ substantially, this report shows how important multimodal impacts can be incorporated into both by using basic econometric techniques and even simpler rule-of-thumb methods. Case studies in transportation planning focus on the California Department of Transportation (Caltrans), but benchmark California’s competencies by exploring methods used by other states and local governments. The report concludes with a list and discussion of recommendations ...


How Being Right Can Risk Wrongs, Paul H. Robinson, Sarah M. Robinson 2016 University of Pennsylvania Law School

How Being Right Can Risk Wrongs, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship

This is a chapter from the new book The Vigilante Echo. Previous chapters have made clear that some vigilantism can be morally justified where the government has failed in its promise under the social contract to protect and to do justice. But this chapter explains how even moral vigilante action can be problematic for the larger society. Vigilantes may try to do the right thing but are likely to lack the training and professional neutrality of police. They may be successful, but only on pushing the crime problem to an adjacent neighborhood. Because their open lawbreaking may seem admirable to ...


Improving Pathways To Transit For Persons With Disabilities, Stephanie DiPetrillo, Andrea Lubin, Anastasia Loukaitou-Sideris, Carla Salehian, Stephen Gibson, Kristen William, Theodore Trent Green 2016 Rutgers University - New Brunswick/Piscataway

Improving Pathways To Transit For Persons With Disabilities, Stephanie Dipetrillo, Andrea Lubin, Anastasia Loukaitou-Sideris, Carla Salehian, Stephen Gibson, Kristen William, Theodore Trent Green

Mineta Transportation Institute Publications

Persons with disabilities can achieve a greater degree of freedom when they have full access to a variety of transit modes, but this can only be achieved when the pathways to transit – the infrastructure and conditions in the built environment – allow full access to transit stops, stations, and vehicles. Since passage of the Americans with Disabilities Act (ADA) in 1990, many transit agencies and governmental jurisdictions have made significant progress in this area. Policy initiatives, incremental enhancements, modifications, and other measures undertaken by transit agencies and their partners have significantly improved access to transit for persons with disabilities, others who ...


Shadow Vigilante Officials Manipulate And Distort To Force Justice From An Apparently Reluctant System, Paul H. Robinson, Sarah M. Robinson 2016 University of Pennsylvania Law School

Shadow Vigilante Officials Manipulate And Distort To Force Justice From An Apparently Reluctant System, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship

The real danger of the vigilante impulse is not of hordes of citizens, frustrated by the system’s doctrines of disillusionment, rising up to take the law into their own hands. Frustration can spark a vigilante impulse but such classic aggressive vigilantism is not the typical response. More common is the expression of disillusionment in less brazen ways, by a more surreptitious undermining and distortion of the operation of the criminal justice system.

Shadow vigilantes, as they might be called, can affect the operation of the system in a host of important ways. For example, when people act as classic ...


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

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 ...


"Use" Valuation Under The 1976 Tax Reform Act: Problems And Implications, Michael D. Boehlje, Neil E. Harl 2016 Iowa State University

"Use" Valuation Under The 1976 Tax Reform Act: Problems And Implications, Michael D. Boehlje, Neil E. Harl

Neil Harl

With the rapid rise in farmland*values during recent years, farmers and farm organizations have argued that land values have little relationship to agricultural productivity. The fact that farmers have been the dominant purchasers in the farm real estate market during this period of time would seem to discredit this argument to some degree, but public officials have been sympathetic to the farmers' arguments. Some state legislatures, particularly in areas o f the country where urban expansion has placed upward pressures on land values, have adopted procedures to value farmland based on its agricultural productivity for purposes of assessing property ...


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