Law Commons^™

Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Katharine Jacobs, Director of the Arizona Water Institute, University of Arizona

37 slides

Slides: Oil Shale Water Use: Upsetting The Apple-Cart Of River Habitat, Irrigation And Existing Water Rights?, Bart Miller

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Bart Miller, Western Resource Advocates, Boulder, CO

13 slides

Slides: Agricultural Resilience And Urban Growth: A Closer Look, William R. Travis

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: William R. Travis, Department of Geography, Center for Science & Technology Policy Research, CIRES, University of Colorado at Boulder

30 slides

Slides: Integrated Policy, Planning, And Management Of Water Resources, Robert Wilkinson

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Robert Wilkinson, Ph.D., Director of the Water Policy Program, Donald Bren School of Environmental Science and Management, University of California-- Santa Barbara

60 slides

Massachusetts Immigrants By The Numbers: Demographic Characteristics And Economic Footprint, Alan Clayton-Matthews, Faye Karp, Paul Watanabe

Institute for Asian American Studies Publications

An analysis of data on the impact of immigrants on the Massachusetts economy. Along with demographic characteristics, the study examines variables such as income, poverty status, occupation, and home-ownership. In addition, the report addresses the impact of immigrants on taxes, social services, and transfer payments.

Transparency And Public Participation In The Rulemaking Process: Recommendations For The New Administration, Cary Coglianese, Heather Kilmartin, Evan Mendelson

All Faculty Scholarship

Each year, federal regulatory agencies create thousands of new rules that affect the economy. When these agencies insulate themselves too much from the public, they are more likely to make suboptimal decisions and decrease public acceptance of their resulting rules. A nonpartisan Task Force on Transparency and Public Participation met in 2008 to identify current deficiencies in agency rulemaking procedures and develop recommendations for the next presidential administration to improve the quality of regulations and the legitimacy of regulatory proceedings. This report summarizes the Task Force's deliberations, indicating ways that federal agencies could do a better job of seeking citizen …

A Summary Of Data From Families And Work Institute’S National Study Of Employers (2008), Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

This memo presents data from the Families and Work Institute’s 2008 National Study of Employers describing the similarities in access to flexible work arrangements (“FWAs”) for employees of small and large employers. The 2008 National Study of Employers (“2008 Study”) provides a comparison of the availability of 12 types of FWAs to employees of small (50-99 employees) and large (over 1,000 employees) employers.

Flexible Work Arrangements (Fwas): Possible Public Policy Approaches, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

There is a range of ways in which public policy can help workplace flexibility become a norm in the American workplace. Indeed, the various bills introduced in the 110th Congress to increase access to FWAs, one component of workplace flexibility, represent a wide range of public policy approaches.

This document categorizes and characterizes these public policy approaches to help clarify the options that might be pursued to increase access to FWAs.

Taxing Under The Influence? : Corruption And U.S. State Beer Taxes, Per G. Fredriksson, Stephan Gohmann, Khawaja Mamun

WCBT Faculty Publications

This article examines the effect of state level corruption on state beer taxes in the United States. Our lobby group model predicts that corruption reduces the beer tax, but this effect is conditional on the level of alcohol-related vehicle deaths. Using a panel of state level data from 1982 to 2001, we find that increased corruption is associated with lower state beer tax rates. The magnitude of the effect, however, declines with increases in alcohol-related traffic deaths. Our findings suggest that future empirical work estimating the effect of alcohol taxes on alcohol-related traffic fatalities should treat alcohol taxes as endogenous.

Institute Brief: Advancing Parent-Professional Leadership: Effective Strategies For Building The Capacity Of Parent Advisory Councils In Special Education, Heike Boeltzig, Matthew Kusminsky, Susan M. Foley, Richard Robison, Barbara Popper, Marilyn Gutierrez-Wilson

The Institute Brief Series, Institute for Community Inclusion

The Individuals with Disabilities Education Act, last amended in 2004 (IDEA 2004), encourages parents and educators to work collaboratively, emphasizing that as a team they are uniquely suited to make decisions that help improve the educational experiences and outcomes of children with disabilities. The Advancing Parent-Professional Leadership in Education (APPLE) Project was funded to develop the leadership skills of parents individually and within their communities. The project took place in Massachusetts, where school districts are required to have a special education parent advisory council (SEPAC).

The U.S. Economic Crisis: Another "Lost Decade"?, Paula Chungsathaporn

Honors College Theses

America is experiencing the worst economic downturn since the Great Depression originating with problems from mortgage backed securities and seeping into every major sector in the economy. We have witnessed the downfall or government takeover of some of the most powerful companies in the country, contributing to the highest unemployment rate America has seen in decades. During the 1990s, Japan experienced what is commonly referred to as “the lost decade,” a period of prolonged stagnant growth. Many similarities can be drawn between the current U.S. crisis and the Japanese crisis of the late 90s. The macroeconomic conditions that caused the …

The Legislative History Of Fefcwa And Feptcea, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Telework In The Federal Government: The Overview Memo, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Flexible Work Arrangements (FWAs) alter the time and/or place that employees work on a regular basis in a manner that is manageable and predictable for both employees and employers.1 Telework, also called telecommuting, refers to an FWA that enables an employee to work from an alternative place to the employer’s usual worksite, typically home or a satellite work center. Telework technically refers to work performed with the use of a telecommunications connection to the workplace (e.g., computer, telephone), but the term is also

Statements Illustrating The Legislative Intent Of These Laws, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Based on statements in the legislative history, these laws were meant to provide:

1. Overarching Benefits in the Current Economy
2. Benefits to Families
3. Benefits to Management
4. Equality for Women
5. Protection of the Environment

An Overview Of Early Laws Increasing Access To Flexible Scheduling And Reduced Hours In The Federal Workforce, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

The Federal Employees Flexible and Compressed Work Schedules Act (FEFCWA) authorizes, but does not require, agencies to offer alternative work schedules to employees. FEFCWA permits employees to designate non-traditional arrival and departure times, centered around core agency hours, and to experiment with four-day workweeks or other compressed schedules. Under the law, implementation and employee utilization of alternative work schedules depends on management support and leadership.

English Learners In Boston Public Schools: Enrollment, Engagement And Academic Outcomes Of Native Speakers Of Cape Verdean Creole, Chinese Dialects, Haitian Creole, Spanish, And Vietnamese, Miren Uriarte, Nicole Lavan, Nicole Agusti, Mandira Kala, Faye Karp, Peter Nien-Chu Kiang, Lusa Lo, Rosann Tung, Cassandra Villari

Gastón Institute Publications

This study focuses on the academic experience of English Learners (ELs) in Boston’s public schools in the year before and in the three years following the implementation of Referendum Question 2. In 2002, this referendum spelled an end to Transitional Bilingual Education (TBE) as the primary program available for children requiring language support in Massachusetts public schools, replacing it with Sheltered English Immersion (SEI). Specifically, this report focuses on the enrollment and academic outcomes of the five largest groups of native speakers of languages other than English in the Boston Public Schools: speakers of Spanish, Chinese dialects, Vietnamese, Haitian Creole, …

English Learners In Boston Public Schools: Enrollment, Engagement And Academic Outcomes, Ay2003-Ay2006 Final Report, Rosann Tung, Miren Uriarte, Virginia Diez, Nicole Lavan, Nicole Agusti, Faye Karp, Tatjana Meschede

Gastón Institute Publications

In 2002, Massachusetts voters approved a referendum against the continuance of Transitional Bilingual Education (TBE) as a method of instruction for English language learners. The study undertaken by the Mauricio Gaston Institute at UMass Boston in collaboration with the Center for Collaborative Education in Boston finds that, in the three years following the implementation of Question 2 in the Boston Public Schools, the identification of students of limited English proficiency declined as did the enrollment in programs for English; the enrollment of English Learners in substantially separate Special Education programs more than doubled; and service options for English Learners narrowed. …

New Mandates And Imperatives In The Revised Aca Code Of Ethics, Harriet L. Glosoff, David M. Kaplan, Michael M. Kocet, R. Rocco Cottone, Judith G. Miranti, Christine Moll, John W. Bloom, Tammy B. Bringaze, Barbara Herlihy, Courtland C. Lee, Vilia M. Tarvydas

Department of Counseling Scholarship and Creative Works

The first major revision of the ACA Code of Ethics in a decade occurred in late 2005, with the updated edition containing important new mandates and imperatives. This article provides interviews with members of the Ethics Revision Task Force that flesh out seminal changes in the revised ACA Code of Ethics in the areas of confidentiality, romantic and sexual interactions, dual relationships, end-of-life care for terminally ill clients, cultural sensitivity, diagnosis, interventions, practice termination, technology, and deceased clients.

2009 Nevada Nonprofit’S Children Summit: Child Welfare, Juvenile Justice, And Youth Homelessness, The Nevada Institute For Children’S Research And Policy

Nevada Institute for Children's Research and Policy Reports

On April 14, 2009, approximately 175 individuals from public and private nonprofit agencies across Nevada came together with representatives from national organizations and federal agencies to attend the Nevada Nonprofit’s Children Summit hosted by Senator Harry Reid and co-sponsored by the Nevada Institute for Children’s Research and Policy and the Children’s Advocacy Alliance. Participants gained insight into federal initiatives and discussed practice and policy priorities in the areas of child welfare, juvenile justice and youth homelessness. This briefing presents the recommendations for federal policy proposed by the participants, both state and national, to improve programs and practices in Nevada around …

Baselines Newsletter, No. 4, Spring 2009, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.

Breathing New Life Into Old Technological Infrastructure: Broadband Internet As A Means Of Jump-Starting The Economy And Connecting The Country, Elizabeth Chernow

Articles in Law Reviews & Journals

This paper examines the current structure of universal service and the FCC’s Universal Service Fund, recent pushes to expand the definition of and funding for universal service to include broadband access, and how broadband internet can contribute to saving the ailing economy. The paper concludes by calling for the inclusion of broadband internet in the Universal Service Fund.

Current financial support for the Universal Service Fund is problematic in that only telecommunications carriers providing interstate services are required to contribute to the fund. The author maintains that the contribution base should be expanded to include companies providing broadband internet access. …

Debunking Blackstonian Copyright, Shyamkrishna Balganesh

All Faculty Scholarship

This is a review of Neil Weinstock Netanel’s Copyright’s Paradox (2008).

The Indivisible Constitution, Kermit Roosevelt Iii

All Faculty Scholarship

In The Invisible Constitution, Laurence Tribe argues that many of our most deeply-held constitutional convictions are not to be found in the words of the Constitution itself. They are, instead, part of what he calls the invisible Constitution. This review essay argues that although that claim is true, it is not worth spending a book on. Moreover, its very truth—the fact that certain “invisible” constitutional propositions are as central and well-established as textual ones—undermines the value of treating the “invisible” Constitution as a qualitatively different entity.

Do 'Off-Site' Adult Businesses Have Secondary Effects? Legal Doctrine, Social Theory, And Empirical Evidence, Alan Weinstein, Richard D. Mccleary

Law Faculty Articles and Essays

Recent federal court decisions appear to limit the ability of cities to mitigate the ambient crime risks associated with adult entertainment businesses. In one instance, a court has assumed that criminological theories do not apply to “off-site” adult businesses. After developing the legal doctrine of secondary effects, we demonstrate that the prevailing criminological theory applies to all adult business models. To corroborate the theory, we report the results of a before/after quasi-experiment for an off-site adult business. When an off-site adult business opens, ambient crime risk doubles compared to a control area. As theory predicts, moreover, ambient victimization risk is …

English Learners In Boston Public Schools: Enrollment And Educational Outcomes Of Native Spanish Speakers, Miren Uriarte, Nicole Lavan, Nicole Agusti, Faye Karp

Gastón Institute Publications

In November 2002, the voters of Massachusetts approved Referendum Question 2. This referendum spelled an end to Transitional Bilingual Education (TBE) as the primary program available for children requiring language support in Massachusetts. In its place came a radically different policy called Sheltered English Immersion (SEI). Unlike TBE, which relies on the English learners’ own language to facilitate the learning of academic subjects as they master English, SEI programs rely on the use of simple English in the classroom to impart academic content; teachers use students’ native language only to assist them in completing tasks or to answer a question. …

Bankruptcy Or Bailouts?, Kenneth M. Ayotte, David A. Skeel Jr.

All Faculty Scholarship

The usual reaction if one mentions bankruptcy as a mechanism for addressing a financial institution’s default is incredulity. Those who favor the rescue of troubled financial institutions, and even those who prefer that their assets be promptly sold to a healthier institution, treat bankruptcy as anathema. Everyone seems to agree that nothing good can come from bankruptcy. Indeed, the Chapter 11 filing by Lehman Brothers has been singled out by many the primary cause of the severe economic and financial contraction that followed, and proof that bankruptcy is disorderly and ineffective. As a result, ad-hoc rescue lending to avoid bankruptcy …

Originality, Gideon Parchomovsky, Alex Stein

All Faculty Scholarship

In this Essay we introduce a model of copyright law that calibrates authors’ rights and liabilities to the level of originality in their works. We advocate this model as a substitute for the extant regime that unjustly and inefficiently grants equal protection to all works satisfying the “modicum of creativity” standard. Under our model, highly original works will receive enhanced protection and their authors will also be sheltered from suits by owners of preexisting works. Conversely, authors of less original works will receive diminished protection and incur greater exposure to copyright liability. We operationalize this proposal by designing separate rules …

Massachusetts' System Redesign To End Homelessness: An Overview And Assessment, Donna H. Friedman, Ghazal Zulfiqar

Center for Social Policy Publications

The Clayton-Mathews and Wilson 2003 analysis of Massachusetts’ expenditures of state and federal dollars to address family homelessness documented a serious system misalignment of public resources: that is, 80% of state and federal resources were tied up in shelter provision, while only 20%, including rental assistance, were designated for homelessness prevention (Clayton-Matthews and Wilson, 2003). Their analysis demonstrated what many had long suspected: if homelessness is to be ended in Massachusetts, fundamental changes would be needed to shift the state system from shelter-oriented toward prevention-oriented. Both the Romney and the Patrick administrations have clearly prioritized this objective with broad-based support …

Immigrant Workers In The Massachusetts Health Care Industry: A Report On Status And Future Prospects, Ramon Borges-Mendez, James Jennings, Donna H. Friedman, Malo Hutson, Teresa Eliot Roberts

Center for Social Policy Publications

Given the vital picture of foreign-born health care workers, this study has the following objectives:

1. To document the labor market position of foreign-born workers in the sector at various levels (national, statewide, sub-regional) including patterns of occupational concentration during the last decade or so, prospects for occupational mobility, wages, geographic concentration, employment by type of establishment (hospitals, community health centers, etc.) and workforce development opportunities;
2. To document, whenever possible, the socio-economic and demographic characteristics of foreign-born workers in the sector, including country of origin and gender among others;
3. To document the qualitative contribution of foreign-born workers in the health care …

Planning For A Bull Market For Wetlands, Fred P. Bosselman

All Faculty Scholarship

Until recently, wetlands had value in the marketplace only as targets for destruction. Today, wetlands often have market value for uses that do not require that they be dredged and filled. Such opportunities include: 1. Carbon storage offsets for greenhouse gas emissions; 2. Mitigation banks for destruction of other wetlands; 3. Conservation banks for wildlife protection; 4. Tradable water quality protection rights; 5. Sites for growing algae or other biofuel crops. These new uses have valid public benefits, but most laws and ordinances were not written with these possibilities in mind. Planners and lawyers need to think about ways to …