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Full-Text Articles in Law

Other Transaction Authorities: Evaluating Innovation Policy Impact Of Alternative Contract Vehicles In The Department Of Defense, Dolores Kuchina-Musina May 2022

Other Transaction Authorities: Evaluating Innovation Policy Impact Of Alternative Contract Vehicles In The Department Of Defense, Dolores Kuchina-Musina

School of Public Service Theses & Dissertations

Since 1958, government agencies have used Other Transactions (OT) to encourage innovation and the development of new technology. OTs' purpose is to help government agencies acquire leading-edge technology from private sector sources in a flexible, goal-oriented manner. This dissertation is a pilot study assessing whether innovation policies, specifically 10 USC 2371b (Pub. L. No. 114-92, 2015) that authorizes DoD prototype OTs, influence the Department of Defense (DoD) alternative contracting activities to promote the development of innovative technologies and products. Using existing literature and interrupted time series analysis, this dissertation examines publicly available contract data to answer the following research question ...


Assessing Automated Administration, Cary Coglianese, Alicia Lai Apr 2022

Assessing Automated Administration, Cary Coglianese, Alicia Lai

Faculty Scholarship at Penn Law

To fulfill their responsibilities, governments rely on administrators and employees who, simply because they are human, are prone to individual and group decision-making errors. These errors have at times produced both major tragedies and minor inefficiencies. One potential strategy for overcoming cognitive limitations and group fallibilities is to invest in artificial intelligence (AI) tools that allow for the automation of governmental tasks, thereby reducing reliance on human decision-making. Yet as much as AI tools show promise for improving public administration, automation itself can fail or can generate controversy. Public administrators face the question of when exactly they should use automation ...


Deterioration Of The Tenth Amendment: Why Federalism’S Hierarchy Must Be Restored, Giana Depaul Apr 2022

Deterioration Of The Tenth Amendment: Why Federalism’S Hierarchy Must Be Restored, Giana Depaul

Helm's School of Government Conference

No abstract provided.


Moving Toward Personalized Law, Cary Coglianese Mar 2022

Moving Toward Personalized Law, Cary Coglianese

Faculty Scholarship at Penn Law

Rules operate as a tool of governance by making generalizations, thereby cutting down on government officials’ need to make individual determinations. But because they are generalizations, rules can result in inefficient or perverse outcomes due to their over- and under-inclusiveness. With the aid of advances in machine-learning algorithms, however, it is becoming increasingly possible to imagine governments shifting away from a predominant reliance on general rules and instead moving toward increased reliance on precise individual determinations—or on “personalized law,” to use the term Omri Ben-Shahar and Ariel Porat use in the title of their 2021 book. Among the various ...


Influence By Intimidation: Business Lobbying In The Regulatory Process, Alex Acs, Cary Coglianese Feb 2022

Influence By Intimidation: Business Lobbying In The Regulatory Process, Alex Acs, Cary Coglianese

Faculty Scholarship at Penn Law

Interest group influence in the policy process is often assumed to occur through a mechanism of exchange, persuasion, or subsidy. Here, we explore how business groups may also exert influence by intimidating policymakers—a form of persuasion, but one based not on the provision of policy information but of political information. We develop a theory where a business firm lobbies a regulator to communicate political information about its capacity to commit to future influence-seeking activities that would sanction the regulator. The regulator assesses the credibility of this message by evaluating the firm’s commitment to lobbying. Guided by our theory ...


Administrative Law: Governing Economic And Social Governance, Cary Coglianese Jan 2022

Administrative Law: Governing Economic And Social Governance, Cary Coglianese

Faculty Scholarship at Penn Law

Administrative law refers to the body of legal doctrines, procedures, and practices that govern the operation of the myriad regulatory bodies and other administrative agencies that interact directly with individuals and businesses to shape economic and social outcomes. This law takes many forms in different legal systems around the world, but different systems of administrative law share in common a focus on three major issues: the formal structures of administrative agencies; the procedures that these agencies must follow to make regulations, grant licenses, or pursue other actions; and the doctrines governing judicial review of administrative decisions. In addressing these issues ...


2022 Mlk Keynote Address: Eddie Glaude Jr. Presentation, Center For Social Equity & Inclusion, Eddie Glaude Jr. Jan 2022

2022 Mlk Keynote Address: Eddie Glaude Jr. Presentation, Center For Social Equity & Inclusion, Eddie Glaude Jr.

Martin Luther King, Jr. Series

One of the nation’s most prominent scholars, Eddie Glaude, Jr. is an author, political commentator, public intellectual and passionate educator who examines the complex dynamics of the American experience. His writings, including his most recent—the New York Times bestseller Begin Again: James Baldwin’s America and Its Urgent Lessons for our Own—take a wide look at Black communities, the difficulties of race in the United States and the challenges we face as a democracy.

In his writing and speaking, Glaude is an American critic in the tradition of James Baldwin and Ralph Waldo Emerson, confronting history and ...


2022 Mlk Keynote Address: Eddie Glaude Jr. Pre-Event Presentation, Center For Social Equity & Inclusion, Eddie Glaude Jr. Jan 2022

2022 Mlk Keynote Address: Eddie Glaude Jr. Pre-Event Presentation, Center For Social Equity & Inclusion, Eddie Glaude Jr.

Martin Luther King, Jr. Series

One of the nation’s most prominent scholars, Eddie Glaude, Jr. is an author, political commentator, public intellectual and passionate educator who examines the complex dynamics of the American experience. His writings, including his most recent—the New York Times bestseller Begin Again: James Baldwin’s America and Its Urgent Lessons for our Own—take a wide look at Black communities, the difficulties of race in the United States and the challenges we face as a democracy.

In his writing and speaking, Glaude is an American critic in the tradition of James Baldwin and Ralph Waldo Emerson, confronting history and ...


The Kind Of Solution A Smart City Is: Knowledge Commons And Postindustrial Pittsburgh, Michael J. Madison Jan 2022

The Kind Of Solution A Smart City Is: Knowledge Commons And Postindustrial Pittsburgh, Michael J. Madison

Book Chapters

This case study brings new attention to a critical but under-appreciated dimension of so-called “smart” cities: how smart city governance builds and relies on institutionalized sharing of data, information, and other forms of knowledge across all sectors of public administration. Those smart city practices are referred to here as knowledge commons and systematized using the Governing Knowledge Commons (GKC) research framework. That framework extends and modifies Ostrom’s research tradition as to community-based resource governance. As with other GKC-focused research, this work relies on a qualitative case study. It draws a detailed, context-specific portrait of a smart city as knowledge ...


Cannibalizing The Constitution: On Terrorism, The Second Amendment, And The Threat To Civil Liberties, Francesca Laguardia Jan 2022

Cannibalizing The Constitution: On Terrorism, The Second Amendment, And The Threat To Civil Liberties, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article explores the links between internet radicalization, access to weapons, and the current threat from terrorists who have been radicalized online. The prevalence of domestic terrorism, domestic hate groups, and online incitement and radicalization have led to considerable focus on the tension between counterterror efforts and the First Amendment. Many scholars recommend rethinking the extent of First Amendment protection, as well as Fourth, Fifth, and Sixth Amendment protections, and some judges appear to be listening. Yet the Second Amendment has avoided this consideration, despite the fact that easy access to weapons is a necessary ingredient for the level of ...


Antitrust By Algorithm, Cary Coglianese, Alicia Lai Jan 2022

Antitrust By Algorithm, Cary Coglianese, Alicia Lai

Faculty Scholarship at Penn Law

Technological innovation is changing private markets around the world. New advances in digital technology have created new opportunities for subtle and evasive forms of anticompetitive behavior by private firms. But some of these same technological advances could also help antitrust regulators improve their performance in detecting and responding to unlawful private conduct. We foresee that the growing digital complexity of the marketplace will necessitate that antitrust authorities increasingly rely on machine-learning algorithms to oversee market behavior. In making this transition, authorities will need to meet several key institutional challenges—building organizational capacity, avoiding legal pitfalls, and establishing public trust—to ...


Algorithm Vs. Algorithm, Cary Coglianese, Alicia Lai Jan 2022

Algorithm Vs. Algorithm, Cary Coglianese, Alicia Lai

Faculty Scholarship at Penn Law

Critics raise alarm bells about governmental use of digital algorithms, charging that they are too complex, inscrutable, and prone to bias. A realistic assessment of digital algorithms, though, must acknowledge that government is already driven by algorithms of arguably greater complexity and potential for abuse: the algorithms implicit in human decision-making. The human brain operates algorithmically through complex neural networks. And when humans make collective decisions, they operate via algorithms too—those reflected in legislative, judicial, and administrative processes. Yet these human algorithms undeniably fail and are far from transparent. On an individual level, human decision-making suffers from memory limitations ...


Examining The Social Security Tribunal’S Navigator Service: Access To Administrative Justice For Marginalized Communities, Laverne Jacobs, Sule Tomkinson Jan 2022

Examining The Social Security Tribunal’S Navigator Service: Access To Administrative Justice For Marginalized Communities, Laverne Jacobs, Sule Tomkinson

Law Publications

An accessible MS Word version of this document is available for download at the bottom of this screen under "Additional files."

This report provides the findings, analysis and recommendations of a research study conducted on the federal Social Security Tribunal’s Navigator Service (SST Navigator Service). The SST Navigator Service was established in 2019 for tribunal users without a professional representative. The study examines the use of the Navigator Service for Canada Pension Plan–Disability (CPP–Disability) appeals heard by the Income Security - General Division of the Social Security Tribunal.

This research study focuses on access to administrative justice ...


Examen Du Service D’Accompagnement Du Tribunal De La Sécurité Sociale : Accès À La Justice Administrative Pour Les Communautés Marginalisées, Laverne Jacobs, Sule Tomkinson Jan 2022

Examen Du Service D’Accompagnement Du Tribunal De La Sécurité Sociale : Accès À La Justice Administrative Pour Les Communautés Marginalisées, Laverne Jacobs, Sule Tomkinson

Law Publications

Ce rapport présente les constatations, l'analyse et les recommandations d'une étude menée sur le service d’accompagnement du Tribunal fédéral de la sécurité sociale (service d’accompagnement du TSS). Le service d’accompagnement du TSS a été créé en 2019, pour veiller à la bonne information des appelants sans représentation professionnelle ainsi qu’à leur participation sereine aux audiences. L'étude examine l'utilisation du service d’accompagnement pour le Régime de pensions du Canada – Invalidité (RPC – Invalidité) entendue par la Division générale de la sécurité du revenu du Tribunal de la sécurité sociale du Canada.

Cette recherche ...


Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman Dec 2021

Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman

FORCES Initiative: Strategy, Security, and Social Systems

This work provides historical and contemporary overviews of this critical geopolitical problem, describes the policy actors addressing this in the U.S. and selected other countries, and provides maps and information on many undersea cable work routes. These cables are chokepoints with one dictionary defining chokepoints as “a strategic narrow route providing passage through or to another region."


Community-Based Rehabilitation's Effectiveness In Reducing Singapore Juvenile Recidivism, Denzil Neo, June Hyuk Lee, Mervin Xin Hong Chew, Munisraj Sarfoji, Timothy Prakash Dec 2021

Community-Based Rehabilitation's Effectiveness In Reducing Singapore Juvenile Recidivism, Denzil Neo, June Hyuk Lee, Mervin Xin Hong Chew, Munisraj Sarfoji, Timothy Prakash

Introduction to Research Methods RSCH 202

Singapore's juvenile recidivism rate has climbed by around 5% since 2013, putting the country at risk of increased youth crime. With several mandatory rehabilitative programmes classified into two categories, Community-Based Rehabilitation (CBR) and Institutional-Based Rehabilitation (IBR), it is unclear whether the mandatory individual rehabilitative programmes for offenders were actually effective in achieving their corrective goals. This proposal would undertake a regression analysis to compare the effectiveness of CBR and IBR programmes utilizing secondary data gathered by the Ministry of Social and Family Development (MSF) and primary data from a survey. The survey will provide previously unstudied insights into the ...


Defeat Mechanisms In Modern Warfare, Frank Hoffman Nov 2021

Defeat Mechanisms In Modern Warfare, Frank Hoffman

The US Army War College Quarterly: Parameters

This article explores the current debate about service and Joint operating concepts, starting with the Army’s multi-domain operations concept. It argues for adaptations to an old operational design technique—defeat mechanisms; updates to Joint and service planning doctrine; and discipline regarding emerging concepts. Rather than debate over attrition versus maneuver, combinations of a suite of defeat mechanisms should be applied to gain victory in the future.


Review Essay, Robert L. Bateman Nov 2021

Review Essay, Robert L. Bateman

The US Army War College Quarterly: Parameters

No abstract provided.


Commentary And Reply, Claude A. Lambert Nov 2021

Commentary And Reply, Claude A. Lambert

The US Army War College Quarterly: Parameters

No abstract provided.


Book Reviews, Usawc Press Nov 2021

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Article Index, Usawc Press Nov 2021

Article Index, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Sino-Indian Border Disputes In An Era Of Strategic Expansions, Roman Muzalevsky Nov 2021

Sino-Indian Border Disputes In An Era Of Strategic Expansions, Roman Muzalevsky

The US Army War College Quarterly: Parameters

The June 2020 clash between the People’s Republic of China and India in the disputed Ladakh border area resulted from the strategic expansions of both powers. Like two bubbles expanding in a contained space, these expansions were bound to collide and cause friction. This article explains how the expansions precipitated the incident and might exacerbate border disputes in the future. In pondering implications, it recommends Washington pursue a Eurasia-focused policy embracing the disputed region.


The Air Littoral: Another Look, Maximilian K. Bremer, Kelly A. Grieco Nov 2021

The Air Littoral: Another Look, Maximilian K. Bremer, Kelly A. Grieco

The US Army War College Quarterly: Parameters

Assessing threats to the air littoral, the airspace between ground forces and high-end fighters and bombers, requires a paradigm change in American military thinking about verticality. This article explores the consequences of domain convergence, specifically for the Army and Air Force’s different concepts of control. It will assist US military and policy practitioners in conceptualizing the air littoral and in thinking more vertically about the air and land domains and the challenges of domain convergence.


The Grand Strategic Thought Of Colin S. Gray, Lukas Milevski Nov 2021

The Grand Strategic Thought Of Colin S. Gray, Lukas Milevski

The US Army War College Quarterly: Parameters

Colin S. Gray distinguished himself from other scholars in the field of strategic studies with his belief that grand strategy is indispensable, complex, and inherently agential. This article identifies key themes, continuities, conceptual relationships, and potential discontinuities from his decades of grand strategic thought. Gray’s statement that “all strategy is grand strategy” remains highly relevant today, emphasizing the importance of agential context in military environments—a point often neglected in strategic practice.


Sherman And His Historians: An End To The Outsized Destroyer Myth?, Mitchell G. Klingenberg Nov 2021

Sherman And His Historians: An End To The Outsized Destroyer Myth?, Mitchell G. Klingenberg

The US Army War College Quarterly: Parameters

For years, scholars have viewed the career of William Tecumseh Sherman in light of an antiquated destroyer myth and neglected his memoirs, which were written as a military textbook. This essay reviews Sherman’s legacy and literature, both of which contributed to the advancement of modern military thought. His experiences may serve as a prescriptive text to servicemembers, providing critical lessons on military warfare and philosophy still relevant today.


On “The Us Army And The Pacific: Challenges And Legacies”, Brian Mcallister Linn Nov 2021

On “The Us Army And The Pacific: Challenges And Legacies”, Brian Mcallister Linn

The US Army War College Quarterly: Parameters

This commentary responds to David M. Finkelstein’s article, “The US Army and the Pacific: Challenges and Legacies,” published in the Autumn 2020 issue of Parameters (vol. 50, no. 3).


Book Reviews, Usawc Press Nov 2021

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Contributor's Guidelines And Article Index, Usawc Press Nov 2021

Contributor's Guidelines And Article Index, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Biden Administration U.S. Space Force Policy Literature, Bert Chapman Sep 2021

Biden Administration U.S. Space Force Policy Literature, Bert Chapman

Libraries Faculty and Staff Presentations

Provides details on U.S. Space Force policy literature produced by the Biden Administration during its first eight months. Includes announcements that the Biden Administration will continue this new armed services branch begun during the Trump Administration. Features congressional testimony of Biden Administration officials such as Secretary of Defense Lloyd Wilson and Air Force Space Command leader General James Dickinson, the text of Space Force's 2021 Digital Force Vision document, congressionally approved FY 2022 space force budget figures, congressional committee comments and report requirements contained in emerging defense spending legislation, the emergence of collaboration between Space Force and universities ...


U.S. Policing As Racialized Violence And Control: A Qualitative Assessment Of Black Narratives From Ferguson, Missouri, Jason M. Williams Sep 2021

U.S. Policing As Racialized Violence And Control: A Qualitative Assessment Of Black Narratives From Ferguson, Missouri, Jason M. Williams

Department of Justice Studies Faculty Scholarship and Creative Works

U.S. policing has long been captured within a master narrative of colorblind consensus; however, distinct lived experiences between community groups depict grave disparities in law enforcement experiences and perceptions. Orthodox conceptions of law enforcement ultimately silence marginalized voices disproportionately affected by negative contacts with law enforcement. Centering data in critical theory, this study will present thematic results from semi-interviews gathered in Ferguson, M.O., during a critical ethnographic research project. Themes reveal experiences and perceptions of racialized and violent policing, the unique position of Black officers, and regard for the impact police have on children. Results also help to ...