Digital Commons Network^™

Enrolling The Eligible: Lessons For Funders, Beth Stevens, Sheila Dunleavy Hoag, Judith Wooldridge

The Foundation Review

· Many social programs have a gap between the number of individuals eligible for services and the number enrolled.

· The Robert Wood Johnson Foundation implemented Covering Kids & Families to increase enrollment in Medicaid and the State Children’s Health Insurance Program.

· Grantees sought to increase enrollment by raising awareness among low-income families, simplifying the application process, and coordinating among programs.

· Funders are encouraged to consider the lifecycle of programs and organizations, the skills in coalition-building and working with public officials that are needed, and the need to fit political strategies with the local culture.

Editorial, Teresa R. Behrens

The Foundation Review

No abstract provided.

Foundation Evaluation Startup: A Pause For Reflection, Jill M. Yegian

The Foundation Review

· This article reports on the accomplishments, challenges, and lessons learned in creating a new Department of Research and Evaluation at the California HealthCare Foundation.

· Different tools were developed to address each of three key areas: performance assessment, organizational learning, and program evaluation.

· These new processes and tools have been wellreceived by both staff and the board, and have become increasingly important as resources become more scarce, making understanding and maximizing the impact of investments even more critical.

· Fostering a culture of evaluative inquiry in a fast-paced, payout-oriented environment is a significant challenge – program staff often …

Assessing Nonprofits’ Communications Capacity: An Online Self-Assessment Tool, Anne Reisinger Whatley, R. Christine Hershey, Julia Coffman, Andre Oliver

The Foundation Review

· Foundations increasingly recognize the importance of strategic and effective communications to advance their social-change goals. This article provides a framework that helps foundations to better understand the communications capacity of their grantee partners.

· Based on a detailed analysis of a survey of 529 foundations, universities and nonprofits, the authors created a six-point index that identifies the characteristics and practices of organizations that are ranked as highly effective at using communications to advance their goals.

· The six indicators are: Involvement of organization leadership in communications, communications planning and organization-wide planning, staffing and the use of outside expertise, donor …

Social Movements And Philanthropy: How Foundations Can Support Movement Building, Barbara Masters, Torie Osborn

The Foundation Review

· As foundations seek to catalyze broad-based social change, there is a need for greater understanding of what social movements are, how they evolve, and how foundations can support them.

· Movement building presents unique challenges to foundations. Because movements, by definition, must be driven by the people who are most affected, foundations cannot determine the goals and timetables of a movement.

· The authors identify five core elements to movement building: organizing an authentic base; leadership; vision and ideas; alliances; and advocacy infrastructure.

· A framework for evaluating movement building is proposed, which can help foundations identify measureable outcomes …

Executive Summaries

The Foundation Review

No abstract provided.

Sustainability Is Made, Not Born: Enhancing Program Sustainability Through Reflective Grantmaking, Ann L. Mccracken, Kelly Firesheets

The Foundation Review

· This article explores how reflective grantmaking can lead to enduring changes in the communities that foundations serve.

· The Health Foundation of Greater Cincinnati's approach to evaluating and improving the sustainability of grant-funded projects is reviewed as an example.

· Their grantmaking framework includes policy and advocacy work, evaluation support, communications support, and technical assistance in addition to traditional funding of projects.

· This framework promotes sustainability of the funded work.

Who Becomes A Foundation Ceo? An Analysis Of Hiring Patterns, 2004-2008, Renée B. Branch, Michael P. Moody, Sue Marx Smock, Donna N. Bransford

The Foundation Review

· This study provided baseline data about the professional and individual characteristics of 440 candidates selected to be the top executive in a grantmaking institution during a five-year study period (2004-2008), and about the hiring patterns of the diverse institutions making these appointments.

· Most new chief executive officers (79.5 percent) were not hired from within the same foundation. The percentage of external appointments grew in each successive year of the study period.

· Most new foundation CEOs (67 percent) were not working for a grantmaking institution when they were appointed. This majority made the transition from fields outside of …

Building The Bridge For Diversity And Inclusion: Testing A Regional Strategy, Vicki Rosenberg, Lynn Perry Wooten, Mary Mcdonald, Kimberly Burton

The Foundation Review

· Transforming Michigan Philanthropy Through Diversity & Inclusion (TMP) is a six-year research and development effort of the Council of Michigan Foundations (CMF). A unique experiment, TMP is the only statewide, comprehensive effort to promote diversity and inclusiveness among foundations in the country.

· Organizational excellence through diversity and inclusion requires an organization to find a goal that resonates with its stakeholders and then create collaborative communities that focus on achieving that goal. This strategy positions an organization to use the full diversity of those stakeholders for tasks such as problem-solving, innovation, quality initiatives, and the acquisition of resources.

· …

Executive Summaries

The Foundation Review

No abstract provided.

Constructing Collaborative Success For Network Learning: The Story Of The Discovery Community Self-Assessment Tool, Angela Frusciante, Carmen Siberon

The Foundation Review

· Despite conversations about the importance of community collaboration, foundations continue to struggle with how to best frame and support collaborative success.

· Existing tools to assess collaboration may not fit with either a foundation’s values or a specific program strategy.

· From a foundation perspective, developing a community self-assessment tool reinforced the idea that collaborative functioning is crucial and deserves attention.

· This article shares a story of the development and initial use of the Discovery Community Self-Assessment Tool as a process of social construction critical to collective action and a possible indicator of network learning.

Moving Diversity Up The Agenda: Lessons And Next Steps From The Diversity In Philanthropy Project, Jessica Bearman, Henry A. J. Ramos, Anna-Nanine S. Pond

The Foundation Review

· The Diversity in Philanthropy Project (DPP) was a three-year, voluntary effort of foundation trustees, senior staff, and executives of philanthropysupport organizations committed to increasing diversity and inclusive practice across organized philanthropy’s boards, staff, grantmaking, contracting, and investing.

· DPP had significant achievements, including mobilizing greater commitment among foundation leaders to voluntary action on diversity and enhancing both the knowledge base and data methodologies available for understanding diversity, inclusion, and equity in foundation work.

· The initiative also faced its share of challenges, including difficulty assessing the impact on the diversity performance of foundations, slow adoption of recommended principles and …

Paradigm Shift: A Foundation/Grantee Partnership Using Data To Drive Neighborhood Revitalization And Assess Impact, Lois W. Greco, Margaret Grieve, Maggie Mccullough

The Foundation Review

· The Wachovia Regional Foundation spearheaded the formation of a partnership to create a participatory outcome evaluation framework for its neighborhood revitalization work.

· The framework integrates the use of primary and secondary data and has been modified and improved to strengthen a variety of the foundation’s comprehensive neighborhood revitalization efforts.

· Forty-one community-based organizations have utilized the framework as a key tool to craft and implement neighborhood plans in a 62-county region.

· The framework has enabled grantees and residents to better understand and capitalize on market dynamics, enhance their participation in revitalization activities and begin to demonstrate the …

Alienated: A Reworking Of The Racialization Thesis After September 11, Ming Hsu Chen

Faculty Scholarship

No abstract provided.

Taking The High Road: Why Prosecutors Should Voluntarily Waive Peremptory Challenges, Maureen A. Howard

Articles

In this Article, I review the efficacy of peremptory challenges and conclude that both empirical and anecdotal evidence confirm such challenges are of little utility. I contend that the marginal benefit of peremptory challenges to a criminal prosecutor is outweighed by the damage done to both the actual and perceived fairness of the system, and that imbalance should persuade prosecutors to consider a wholesale voluntary waiver of peremptory challenges.

Customary Practice And Community Governance In Implementing The Human Right To Water--The Case Of The Acequia Communities Of Colorado's Rio Culebra Watershed, Gregory A. Hicks, Devon G. Peña

Articles

This paper offers commentary on the appropriateness of viewing, as a human right, the authority to manage water and to participate meaningfully in watershed governance, and it takes as an example the community of Hispano farmers of the Rio Culebra watershed of Southern Colorado in the headwaters of the Upper Rio Grande. In earlier work, the authors have written about the uneasy relationship between the formal system of appropriative water rights under Colorado law and the enduring set of local water norms practiced within acequias—the traditional water governance institutions and irrigation systems of the Culebra's Hispano farmers. The present …

Indian Water Rights, Practical Reasoning, And Negotiated Settlements, Robert T. Anderson

Articles

This Article first reviews the few Indian water rights cases that the U.S. Supreme Court has decided. The Article then traces a threshold issue common to Indian water rights litigation in the federal and state courts: how to determine the purposes of a reservation for which a reserved water right should be implied. A review of major Indian water rights cases demonstrates the generally confusing state of the law in significant respects, especially with regard to the "purposes" determination.

This Article posits that the relative uncertainty in this area has created an environment in which creative, practical solutions to conflicts …

Direct Examination: Lawyer As Director, Maureen A. Howard

Articles

A trial lawyer presenting her case in chief through direct examination is somewhat like a film director: the lawyer thoroughly analyzes the case and develops a plan for the most effective way to present the case to the jury to best advance her theme and theory. Just as no script would play out on film the exact same way in the hands of different directors, no case would be presented in exactly the same way by different trial lawyers. Yet there are constants to be found in the steps effective trial lawyers take during their case in chief when presenting …

Racial Paradox In A Law And Society Odyssey, Mario L. Barnes

Articles

No abstract provided.

A Post-Race Equal Protection?, Mario L. Barnes, Erwin Chemerinsky, Trina Jones

Articles

No abstract provided.

From Chevron To Massachusetts: Justice Stevens's Approach To Securing The Public Interest, Kathryn A. Watts

Articles

During the past three decades, one Supreme Court justice— John Paul Stevens—has authored two of the most significant administrative law decisions that speak to the judiciary’s role in checking agency interpretations of the statutes that they administer. In Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., Justice Stevens’s landmark 1984 decision unanimously upheld the EPA’s construction of a term found in the Clean Air Act. Subsequently, in Massachusetts v. EPA, Justice Stevens’s 2007 opinion for a five-justice majority handed a major win to global environmental security by ordering the EPA to reconsider its refusal to regulate greenhouse …

People Can Be So Fake: A New Dimension To Privacy And Technology Scholarship, M. Ryan Calo

Articles

This article updates the traditional discussion of privacy and technology, focused since the days of Warren and Brandeis on the capacity of technology to manipulate information. It proposes a novel dimension to the impact of anthropomorphic or social design on privacy.

Technologies designed to imitate people-through voice, animation, and natural language-are increasingly commonplace, showing up in our cars, computers, phones, and homes. A rich literature in communications and psychology suggests that we are hardwired to react to such technology as though a person were actually present.

Social interfaces accordingly capture our attention, improve interactivity, and can free up our hands …

Taking Narrow Channel Collision Prevention Seriously To More Effectively Manage Marine Transportation System Risk, Craig H. Allen

Articles

This Article locates the narrow channel rule in the larger context of risk management in confined waters. It begins by examining the risks posed by vessel navigation in narrow channels and fairways in the United States and the risk management measures employed to eliminate or reduce those risks, including the narrow channel rule in the applicable rules of the road. The Article then identifies problems with the existing rule and examines several alternatives to address the problems. The Article concludes that mariners deserve clearer guidance on how to identify the waters where Rule 9 applies than they have so far …

"I'M Dying To Tell You What Happened": The Admissibility Of Testimonial Dying Declarations Post-Crawford, Peter Nicolas

Articles

This Article demonstrates the existence and delineates the scope of a federal constitutional definition of "dying declarations" that is distinct from the definitions set forth in the Federal Rules of Evidence and their state counterparts. This Article further demonstrates that states have state constitutional definitions of "dying declarations" (for purposes of interpreting state constitutional analogues to the Confrontation Clause of the Sixth Amendment) that may differ in important respects from the federal constitutional definition of "dying declarations."

This Article then shows that some of the definitions of "dying declarations" contained in federal and state hearsay exceptions exceed the federal and …

The Constitution Of Patent Law The Court Of Customs And Patent Appeals And The Shape Of The Federal Circuit's Jurisprudence, Jeffrey A. Lefstin

Faculty Scholarship

No abstract provided.

Church Schisms, Church Property, And Civil Authority, Calvin R. Massey

Faculty Scholarship

No abstract provided.

Myths Of California Water–Implications And Reality, Brian E. Gray, Ellen Hanak, Jay Lund, Ariel Diner, Richard Howitt, Jeffrey Mount, Peter Moyle, Barton "Buzz" Thompson

Faculty Scholarship

No abstract provided.

Hydroacoustic Survey And Point Sampling Of Macrophytes In Diamond Lake 2009, Joseph Eilers, Benn Eilers, Mark D. Sytsma, Rich Miller

Center for Lakes and Reservoirs Publications and Presentations

MaxDepth Aquatics, Inc. was contracted to conduct a hydroacoustic survey of macrophyte distribution in Diamond Lake in 2009. The survey essentially repeated surveys conducted in 2002 and 2007, allowing for a detailed assessment of conditions in 2009 and comparisons among previous years. In addition, Portland State University was contracted to conduct a depth stratified random point sample survey of macrophyte species presence and absence. The point sample survey was similar to surveys conducted in 2005 and 2007. The results of the 2009 hydroacoustic survey showed that macrophytes were widely distributed throughout the lake at depths less than 8 meters, although …

Oregon's Fish And Wildlife In A Changing Climate, Mark A. Hixon, Stanley V. Gregory, W. Douglas Robinson, C. Scott Baker, Harold P. Batchelder, Clinton Epps, Tiffany S. Garcia, Susan M. Haig, Ricardo M. Letelier, David A. Lytle, Bruce A. Menge, Jeffery C. Miller, David L.G. Noakes, William T. Peterson, James M. Rice, Steven S. Rumrill, Carl B. Schreck, Robert M. Suryan, Mark D. Sytsma, Angelicque E. White

Center for Lakes and Reservoirs Publications and Presentations

Chapter 7 in: The Oregon Climate Change Assessment Report

Oregon's fish and wildlife include animals on land, fish and other species in rivers and lakes, and various kinds of sea life in estuaries and coastal ocean. Oregon is one of the most ecologically diverse states in the country. The state’s robust biodiversity, some of which is already threatened or endangered -- inhabits complex and dynamic ecosystems that we have only begun to understand, let alone examine in terms of climate change.It is clear that the abundance and distribution of species are shifting already and will shift more rapidly as habitats …

Peeping Hals: Making Sense Of Artificial Intelligence And Privacy, Ryan Calo

Articles

The field of artificial intelligence, broadly defined as the study and practice of designing intelligent agents, is at least six decades into its existence as a formal discipline. Sometimes called “computational” or “synthetic” intelligence, AI borrows from and informs a wide variety of subjects, including philosophy, psychology, linguistics, neuroscience, statistics, economics, and law. Techniques of AI underpin all manner of industrial and consumer applications - from the complex neural nets used in data mining, down to the ‘fuzzy logic’ used by commercial washers and driers.

Insofar as “the issues of AI are directly related to [the] self-image of human beings”, …