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Full-Text Articles in Law

The Torch (Summer 2023), Crtp Jul 2023

The Torch (Summer 2023), Crtp

Torch: The Civil Rights Team Project Newsletter

The Civil Rights Team Project Newsletter

"We help schools think and talk about issues related to race and skin color, national origin and ancestry, religion, disabilities, gender (including gender identity and expression), and sexual orientation."

  • Civil Rights Team Spotlight
  • Local Collaborations
  • Civil Rights Team Shoutouts
  • Thanking our Retiring Advisors
  • Thanks for reading!


The Eagle’S Eye On The Rising Dragon: Why The United States Has Shifted Its View Of China, Jackson Craig Scott May 2023

The Eagle’S Eye On The Rising Dragon: Why The United States Has Shifted Its View Of China, Jackson Craig Scott

Baker Scholar Projects

Since 1978, the People’s Republic of China (PRC) has long been viewed as an economic trading partner of the United States of America (US). The PRC has grown to be an economic powerhouse, and the US directly helped with that process and still benefits from it. However, during the mid-2010’s, US rhetoric began to turn sour against the PRC. The American government rhetoric toward the PRC, beginning with the Obama administration, switched. As Trump’s administration came along, they bolstered this rhetoric from non-friendly to more or less hostile. Then, Biden’s administration strengthened Trump’s rhetoric. Over the past ten years or …


Impact Of Social Media  On Public Perception Of Government Covid-19 Response Efforts, Taher Taher Jan 2023

Impact Of Social Media  On Public Perception Of Government Covid-19 Response Efforts, Taher Taher

Theses and Dissertations

This research aims to understand this phenomenon to provide insights into how governments can perform better in times of crisis regarding social media and its impact on public opinion. This research aims to understand how social media impacts public perception of government COVID-19 response efforts by studying Facebook comments, likes, and reactions (emoticons).

The study was based on data gathered from Facebook comments on the daily infographic COVID-19 statistics from the official site of the Ministry of Health and Population. The sampling frame is the 52 weeks of 2020, January to December, through random sampling resulting in 546 comments. The …


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 - American Revival: Citizenship & Virtue

No abstract provided.


Canadian Policymaker Experiences On Reducing Syndemic Stigma For Hiv And Substance Use Disorder, Nickolas James Cherwinski Jan 2021

Canadian Policymaker Experiences On Reducing Syndemic Stigma For Hiv And Substance Use Disorder, Nickolas James Cherwinski

Walden Dissertations and Doctoral Studies

People living with HIV (PLWH) and substance use disorder (SUD) experience highly stigmatized lives fraught by influences such as criminal law and stigmatizing public policies. Despite free access to antiretroviral therapy (ART) and mental health services for all Canadian citizens, suboptimal adherence to ART and administratively cumbersome mental health interventions still exist. Many researchers have found the health services for both HIV and SUD to be dynamic, costly, and difficult to maintain; as such, the purpose of this study was to explore the knowledge gap related to the policy implications of syndemic stigma experienced by PLWH and SUD in Canada. …


A Mixed-Methods Analysis Of Biofuels, Teresa Cristina Garcia Dec 2020

A Mixed-Methods Analysis Of Biofuels, Teresa Cristina Garcia

Graduate Theses and Dissertations

Brazil has the largest sugarcane acreage in the world (FAOSTAT, 2020) and is the world leader in the production of sugarcane-based ethanol (Sousa Junior et al., 2017). Due to the technical experience in the production of biofuels and the availability of sugarcane straw and bagasse, the country has a great potential to commercially produce second-generation ethanol (E2G) (Nyko et. al., 2010). In 2017, Brazil enacted a new National Biofuels Policy, called RenovaBio, to expand the production and use of biofuels in the country. This dissertation combines three essays that explore biofuels law and policy with a special focus on Brazil. …


Low-Income Household Adults Sustaining Affordable Housing In Affluent Neighborhoods, Edward Brian Flournoy Jan 2020

Low-Income Household Adults Sustaining Affordable Housing In Affluent Neighborhoods, Edward Brian Flournoy

Walden Dissertations and Doctoral Studies

Public housing policy continues to exacerbate the concentration of poverty for low

income household adults (LIHA), preventing their mobility to achieve or sustain

affordable housing in low-poverty affluent neighborhoods. Successful design and

implementation of public housing policy for LIHA has been elusive for policymakers

seeking to address socioeconomic self-sufficiency problems in the United States.

Wilson’s spatial mismatch theory on social transformation of the inner city was the

theoretical framework for this study. This qualitative study utilized policy analysis and

key interviews to explore the importance of public policy design and implementation in

how the Moving to Opportunity (MTO) program influenced …


The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer Apr 2018

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design identified …


The Impact Of The Universal Basic Education Program In Addressing Rural Secondary School Drop Outs, Chinwe Anwuli Mordi Jan 2016

The Impact Of The Universal Basic Education Program In Addressing Rural Secondary School Drop Outs, Chinwe Anwuli Mordi

Walden Dissertations and Doctoral Studies

The Universal Basic Education (UBE) was designed to address the social problem of drop outs in secondary schools, but dropout rates in secondary schools are still at a 42% high in Enugu State, Nigeria. This study sought to understand teachers' perceptions of the program, the ways the UBE impacted the dropout problem, and what could be done to the UBE program to make it more effective. This study provided an important contribution to the literature, as it examined an often neglected perspective: the input of teachers in the field, as opposed to those of policy planners at the top. The …


Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul Apr 2015

Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul

Political Science Honors Projects

The judicial branch, by exercising judicial review, can replace public policies with ones of their own creation. To test the hypothesis that judicial policymaking is desirable only when courts possess high capacity and necessity, I propose an original model incorporating six variables: generalism, bi-polarity, minimalism, legitimization, structural impediments, and public support. Applying the model to a comparative case study of court-sanctioned affirmative action policies in higher education and K-12 public schools, I find that a lack of structural impediments and bi-polarity limits the desirability of judicial race-based remedies in education. Courts must restrain themselves when engaging in such policymaking.


California's Foreign Relations, Christopher Gaarder Jan 2015

California's Foreign Relations, Christopher Gaarder

CMC Senior Theses

Globalization has significantly increased the number of stakeholders in transnational issues in recent decades. The typical list of the new players in global affairs often includes non-state actors like non-governmental organizations, multinational corporations, and international organizations. Sub-national governments, however, have been given relatively little attention even though they, too, have a significant interest and ability to shape the increasing flow of capital, goods, services, people, and ideas that has so profoundly influenced the global political economy in recent decades. California, arguably the most significant among sub-national governments – its economy would be seventh or eighth in the world at $2.2 …


The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum Jan 2015

The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum

Psychology Faculty Scholarship

We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …


Legislative Regulation Of Surrogacy And Reproductive Technology, Marjorie Maguire Shultz Feb 2013

Legislative Regulation Of Surrogacy And Reproductive Technology, Marjorie Maguire Shultz

Marjorie M. Shultz

No abstract provided.


Reproductive Technology And Intent-Based Parenthood: An Opportunity For Gender Neutrality, Marjorie Maguire Shultz Feb 2013

Reproductive Technology And Intent-Based Parenthood: An Opportunity For Gender Neutrality, Marjorie Maguire Shultz

Marjorie M. Shultz

United States. Some emphasis on the Baby M case.


The Imprisoner's Dilemma: A Cost-Benefit Approach To Incarceration, David S. Abrams Jan 2013

The Imprisoner's Dilemma: A Cost-Benefit Approach To Incarceration, David S. Abrams

All Faculty Scholarship

Depriving an individual of life or liberty is one of the most intrusive powers that governments wield. Decisions about imprisonment capture the public imagination. The stories are told daily in newspapers and on TV, dramatized in literature and on film, and debated by scholars. The United States has created an ever-increasing amount of material for discussion as the state incarceration rate quadrupled between 1980 and 2000. While the decision to incarcerate an individual is given focused attention by a judge, prosecutor, and (occasionally) a jury, the overall incarceration rate is not. In this article, I apply a cost-benefit approach to …


Hacia La Construcción De Políticas Públicas Globales: Retos Para El Estado Nación De Cara A La Globalización, Mario A. Pinzón Mapc Jul 2011

Hacia La Construcción De Políticas Públicas Globales: Retos Para El Estado Nación De Cara A La Globalización, Mario A. Pinzón Mapc

Mario A Pinzón Camargo

Este artículo analiza los efectos en la idea de Estado nación bajo la lógica de la globalización. Examina los retos para el Estado en la construcción de políticas públicas globales, la definición de una nueva agenda global y un nuevo sistema institucional desarrollado bajo la lógica de la gobernanza global.


Construyendo Políticas Públicas Globales: Una Aproximación Al Marco Teórico De Estudio. Working Paper N. 5, Mario A. Pinzón Mapc May 2011

Construyendo Políticas Públicas Globales: Una Aproximación Al Marco Teórico De Estudio. Working Paper N. 5, Mario A. Pinzón Mapc

Mario A Pinzón Camargo

El objetivo de este artículo es proporcionar un marco teórico a partir del cual sea posible hablar de las políticas públicas globales, como categoría de análisis de la gobernanza global. Se presenta una aproximación teórica basada en la teoría de la elección racional.


Puntos De Encuentro Y Apoyo De La Nueva Economía Institucional En El Análisis De Las Políticas Públicas. Working Paper N. 2, Mario A. Pinzón Mapc Oct 2010

Puntos De Encuentro Y Apoyo De La Nueva Economía Institucional En El Análisis De Las Políticas Públicas. Working Paper N. 2, Mario A. Pinzón Mapc

Mario A Pinzón Camargo

Este artículo tiene como propósito analizar el grado de utilidad de una de las vertientes del Análisis Económico del Derecho, la Nueva Economía Institucional, en el Análisis de Políticas Públicas.


Immigration, Association, And The Family, Matthew J. Lister Jul 2010

Immigration, Association, And The Family, Matthew J. Lister

All Faculty Scholarship

In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have a comprehensive account. In what follows I use the idea of freedom of association to show what is distinctive about family-based immigration and why …


Citizen Employees, Richard R. Carlson Jan 2009

Citizen Employees, Richard R. Carlson

Richard R Carlson

“Citizen employees” are employees who favor the public interest even when doing so exposes them to the risk of retaliation by their employers. They are widely praised in the media, but laws for their protection are uneven, incomplete, and inadequate for their protection. This article proposes that lawmakers should recognize citizen employees as a distinct class for purposes of drafting and developing laws for their protection. This article also proposes that lawmakers should define the protected conduct of citizen employees broadly and with reference to a broad range of public interests, and that they should authorize the courts to develop …


Law And Order Without Coercion, G. Marcus Cole Jan 2007

Law And Order Without Coercion, G. Marcus Cole

Journal Articles

Much of the contemporary discussion regarding law and public policy focuses on how government ought to address important issues. From global warming to technological innovation to corporate finance, voters and policy-makers alike share the belief that the tools of government ought to be brought to bear on all of the important matters of our times.

Virtually no attention is given public policy debates, however, to the question of whether government ought to address these important issues. In fact, the larger and more complex the issue, the more policy-makers and opinion leaders assume that government provides the only mechanism for addressing …


Re-Examining Public Policy: A Case For Conditional Fees In Singapore?, Gary Chan Apr 2004

Re-Examining Public Policy: A Case For Conditional Fees In Singapore?, Gary Chan

Research Collection Yong Pung How School Of Law

Conditional fee agreements are currently prohibited in Singapore. The Singapore courts still adhere to the public policy considerations expressed in the English common law which proscribe maintenance and champerty. However, the United Kingdom as well as Ontario (Canada) and Australia have recently ‘departed’ from the old system prohibiting conditional fee agreements. It is thus timely for Singapore to re-examine the public policy arguments against conditional fee agreements and inquire whether a conditional fee based system ought to be introduced. Apart from the above jurisdictions, lessons will also be drawn from the problems and issues faced by the US and the …


How Tuberculosis Threatens Supporters And Opponents Of Racial Profiling, Ibpp Editor Jan 2000

How Tuberculosis Threatens Supporters And Opponents Of Racial Profiling, Ibpp Editor

International Bulletin of Political Psychology

This article explores peculiarities of logic and reason among supporters and opponents of racial profiling as a tool of developing and implementing public policy.


Modern Choice Of Law And Public Policy: The Emperor Has The Same Old Clothes, John Bernard Corr Jan 1985

Modern Choice Of Law And Public Policy: The Emperor Has The Same Old Clothes, John Bernard Corr

Faculty Publications

The author critically evaluates the adoption of the modern learning model in choice of law analysis. After evaluating the judiciary's use of this model in seven jurisdictions, the author concludes that the traditional learning is better suited to resolving choice of law issues.