Law Commons^™

Surprising Commons, Carol M. Rose

BYU Law Review

No abstract provided.

Agglomerama, Lee Anne Fennell

BYU Law Review

No abstract provided.

Massachusetts Community Mediation Center Grant Program: Fiscal Year 2014 Report & Evaluation, Susan Jeghelian, Madhawa Palihapitiya, Kaila O. Eisenkraft

Massachusetts Office of Public Collaboration Publications

The Community Mediation Center Grant Program, funded by the commonwealth and administered by the state’s office of dispute resolution, was established to “promote the broad use of community mediation in all regions of the state” by awarding operating grants to eligible community mediation centers. This annual report describes the progress made in broadening access to community mediation by the grant program under the challenge of reduced state funding in FY 2014. Due to the funding cut, fewer centers were funded in FY 2014 compared to FY 2013, which reduced the quantity of services provided. However, the amount of money per …

Table Of Contents

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

Introduction

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

Latino Catholicism And Indigenous Heritage As A Subfield Of Latino Studies: A Critical Evaluation Of New Approaches, Elizabeth C. Martinez Ph.D.

Cultural Encounters, Conflicts, and Resolutions

Posed through critical theory on "third-space," and a brief history of Latin American Studies, this article pursues analysis of recent interdisciplinary scholarship in English, to delineate the emergence of a new subfield in Latina/o Catholicism, connected to greater understanding of Indigenous legacy. The article also demonstrates the path of study toward creation of a themed academic issue.

The Representations Of Arab-Muslims Through The Language Lens, Abed El-Rahman Tayyara

Cultural Encounters, Conflicts, and Resolutions

The article examines the use of Arabic as a sociolinguistic marker in American films that were released around the time of the events of 9/11/01 and investigates the extent to which stereotypical factors have been continuing in the same vein as in the past. Specifically, this study is a textual analysis of the application of Arabic in five recent films: Three Kings (dir. David O. Russell, 1999), Hidalgo (dir. Joe Johnston, 2004), Kingdom of Heaven (dir. Ridley Scott, 2005), Syriana (dir. Stephen Gaghan, 2005), and Body of Lies (dir. Ridley Scott, 2008). The article demonstrates that …

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson

Cultural Encounters, Conflicts, and Resolutions

Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.

This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …

Immigrant Social-Economic Landscape Changes And Ethno-Racial Border Formation In Columbus, Ohio, David M. Walker Dr., Jack Schemenauer

Cultural Encounters, Conflicts, and Resolutions

In this study we analyze new immigrant gateways in the U.S. and the role African and Latino immigrants play in reinventing urban spaces while culturally and economically regenerating neighborhoods juxtaposed to orthodox city planning practices. Through this research we aim to further understand how urban space is produced at divergent scales in the era of heightened globalization. Through this understanding we analyze how the contestation over how urban space is used and consumed leads to distinctive forms in the production of urban space and the subsequent unintended formation of newly perceived cultural borders, often based upon race and ethnicity. Through …

Website Blocked: Filtering Technology In Schools And School Libraries, Jennifer M. Overaa

School of Information Student Research Journal

This paper investigates the impact of filtering software in K-12 schools and school libraries. The Children's Internet Protection Act, or CIPA, requires that public schools and school libraries use filtering technology in order to receive discounted rates on technology. As a result, nearly all public elementary and secondary schools today use filtering technology. While the provisions of CIPA narrowly define the content to be blocked, filters are often set to block much more than is required. Filtering technology is often ineffective, and many unobjectionable sites end up being blocked, including Web 2.0 sites and tools needed to educate students in …

Landmark Ruling On Whaling From The International Court Of Justice, Mark P. Simmonds

Mark P. Simmonds, OBE

On 31 March 2014, the International Court of Justice (ICJ) ruled that Japan’s whaling activities in Antarctica did not comply with Article VIII of the International Convention for the Regulation of Whaling (ICRW), which permits whaling for scientific purposes. Copious and confusing media commentary followed the decision. This included seemingly conflicting reports from within Japan, which initially indicated whole-hearted compliance with the ruling, which required this whaling to cease, but later suggested that implementation by Japan might be limited to a brief halt followed by a launch of a new Antarctic ‘research’ programme including lethal take.

The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

Population trends for 1095 species listed as threatened and endangered under the Endangered Species Act were correlated with the length of time the species were listed and the presence or absence of critical habitat and recovery plans. Species with critical habitat for two or more years were more than twice as likely to have an improving population trend in the late 1990s, and less than half as likely to be declining in the early 1990s, as species without. Species with dedicated recovery plans for two or more years were significantly more likely to be improving and less likely to be …

Balancing Inclusion And “Enlightened Understanding” In Designing Online Civic Participation Systems: Experiences From Regulation Room, Cynthia R. Farina, Mary J. Newhart, Josiah Heidt, Jackeline Solivan

Cynthia R. Farina

New forms of online citizen participation in government decision making have been fostered in the United States (U.S.) under the Obama Administration. Use of Web information technologies have been encouraged in an effort to create more back-and-forth communication between citizens and their government. These “Civic Participation 2.0” attempts to open the government up to broader public participation are based on three pillars of open government—transparency, participation, and collaboration. Thus far, the Administration has modeled Civic Participation 2.0 almost exclusively on the Web 2.0 ethos, in which users are enabled to shape the discussion and encouraged to assess the value of …

Better Inputs For Better Outcomes: Using The Interface To Improve E-Rulemaking, Cynthia Farina, Claire Cardie, Thomas Bruce, Erica Wagner

Cynthia R. Farina

We believe that e-rulemaking does indeed have potential to increase both the transparency of, and participation in, regulatory policymaking. We argue in this paper that this potential can be realized only if the public interface at www.regulations.gov is substantially redesigned.

Regulationroom: Field-Testing An Online Public Participation Platform During Usa Agency Rulemakings, Cynthia R. Farina, Josiah Heidt, Mary J. Newhart, Joan-Josep Vallbé

Cynthia R. Farina

Rulemaking is one of the U.S. government's most important policymaking methods. Although broad transparency and participation rights are part of its legal structure, significant barriers prevent effective engagement by many groups of interested citizens. RegulationRoom, an experimental open-government partnership between academic researchers and government agencies, is a socio-technical participation system that uses multiple methods to alert and effectively engage new voices in rulemaking. Initial results give cause for optimism but also caution that successful use of new technologies to increase participation in complex government policy decisions is more difficult and resource-intensive than many proponents expect.

Rulemaking 2.0: Understanding And Getting Better Public Participation, Cynthia R. Farina, Mary J. Newhart

Cynthia R. Farina

More than a decade after the launch of Regulations.gov, the government-wide federal online rulemaking portal, and nearly four years since the Obama Administration directed agencies to use “innovative tools and practices that create new and easier methods for public engagement,” there are still more questions than answers about what value social media and other Web 2 .0 technologies can bring to rulemaking–and about how agencies can realize that value. This report, commissioned by the IBM Center for the Business of Government, begins to provide those answers. Drawing on insights from a number of disciplines and on three years of actual …

Using Natural Language Processing To Improve Erulemaking [Project Highlight], Claire Cardie, Cynthia R. Farina, Thomas R. Bruce

Cynthia R. Farina

This paper describes in brief Cornell’s interdisciplinary eRulemaking project that was recently funded (December, 2005) by the National Science Foundation.

The Value Of Words: Narrative As Evidence In Policymaking, Dmitry Epstein, Josiah Heidt, Cynthia Farina

Cynthia R. Farina

Policymakers today rely primarily on statistical, financial, and other forms of technical data as their basis for decision-making. Yet, there is a potentially underestimated value in substantive reflections of the members of the public who will be affected by a particular piece of regulation. We discuss the value of narratives as input in the policy making process, based on our experience with Regulation Room–a product of an interdisciplinary initiative using innovative web technologies in real-time online experimentation. We describe professional policymakers and professional commenters as a community of practice that has limited shared repertoire with the lay members of the …

Changing The Face Of The Earth: The Morrison-­Knudsen Corporation As Partner To The U.S. Federal Government, Christopher S. Blanchard

Dissertations and Theses

Beginning with reclamation projects in the western U.S., the heavy construction industry helped the federal government grow in size and sophistication in the twentieth century. The Morrison-­Knudsen Corporation throughout the twentieth century represented one of the federal government's favored contractors. Following western reclamation projects, the U.S. federal government then used contractors to help move the U.S. economy out of the Depression, prepare for World War II, wage the Cold War at home and abroad, and win the space race. Thus, at key stages in United States history we observe the necessity of the U.S. federal government partnering with the heavy …

Addressing Medicaid/Marketplace Churn Through Multimarket Plans: Assessing The Current State Of Play, Sara Rosenbaum

Health Policy and Management Faculty Publications

No abstract provided.

Discovering A Gold Mine Of U.S. Government Information: Exploring The Hathitrust Catalog And Its Rich Veins, Bert Chapman

Libraries Faculty and Staff Presentations

The Hathitrust Catalog provides researchers at member institutions with exponentially expanded access to historical U.S. Government information resources. This presentation describes how researchers can use this resource to conduct substantive research using government information resources on public policy issues such as Internal Revenue Service program problems, infectious diseases such as Ebola, and U.S. foreign relations with the former Soviet Union/Russian Federation.

Paid Family Leave, Rachel-Lyn Longo, Shanna Pearson-Merkowitz

Senior Honors Projects

Paid Family Leave policies are rare in the United States. Around the world, one hundred and eighty-two countries provide some form of paid maternity leave, and seventy countries also offer paid paternity leave. It is estimated that only 36 percent of U.S. employees have access to paid leave if they get sick, a policy that is almost universal in other developed countries, and only 12 percent of employees have access to paid family leave. Presently, just three states have implemented Paid Family Leave (PFL) to help offset the cost of time taken off of work to care for a newborn …

Defeating The Islamic State: A Financial-Military Strategy, Paul Rexton Kan

The US Army War College Quarterly: Parameters

No abstract provided.

Commentaries And Replies 1, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

The Us Army's Domestic Strategy 1945-1965, Thomas Crosbie

The US Army War College Quarterly: Parameters

No abstract provided.

China's Concept Of Military Strategy, Timothy Thomas

The US Army War College Quarterly: Parameters

No abstract provided.

China's Military Mercantilism, Christopher Bowen Johnston

The US Army War College Quarterly: Parameters

No abstract provided.

Considering Why We Lost, Tami Davis Biddle

The US Army War College Quarterly: Parameters

No abstract provided.

China's Strategic Moves And Counter-Moves, David Lai

The US Army War College Quarterly: Parameters

No abstract provided.

Battlefield Euthanasia: Should Mercy-Killings Be Allowed, David L. Perry

The US Army War College Quarterly: Parameters

No abstract provided.