Law Commons^™

Law School News: Rwu Alumni Named To Pbn's 2023 40 Under Forty List 7/5/2023, Stacey Pacheco

Life of the Law School (1993- )

No abstract provided.

Governing Smart Cities As Knowledge Commons - Introduction, Chapter 1 & Conclusion, Brett M. Frischmann, Michael J. Madison, Madelyn Sanfilippo

Book Chapters

Smart city technology has its value and its place; it isn’t automatically or universally harmful. Urban challenges and opportunities addressed via smart technology demand systematic study, examining general patterns and local variations as smart city practices unfold around the world. Smart cities are complex blends of community governance institutions, social dilemmas that cities face, and dynamic relationships among information and data, technology, and human lives. Some of those blends are more typical and common. Some are more nuanced in specific contexts. This volume uses the Governing Knowledge Commons (GKC) framework to sort out relevant and important distinctions. The framework grounds …

Transforming Minnesota's Early Care And Education Infrastructure, Nicole Frethem

Student Scholarship

In 2021, the Minnesota legislature authorized the Great Start for All task force to present recommendations for how the state can provide “access to affordable, high-quality early care and education that enriches, nurtures, and supports children and their families,” to “all families” in Minnesota.

The early care and education landscape in Minnesota has experienced dramatic changes in programming and investments over the last twenty years. In the early 2000s, the state’s primary child care subsidy program, the Child Care Assistance Program (CCAP), was moved from the Department of Children, Families and Learning to the Department of Human Services in an …

Support New Business To Solve Old Problems With Kentucky’S Keystone Waste From Bourbon & Brewing, Samuel C. Kessler

Commonwealth Policy Papers

Provided here is a policy solution from the backside of Kentucky bourbon and brewing to upcycle Kentucky’s “keystone” wastes and grow businesses in the process. Potential effects range from removing the bottleneck on bourbon production and producing GHG-friendly biogas to lowering the price of milk.This full whitepaper brief provides an incentive model for keystone wastes which have a provider and a use. It is equally applicable for policymakers or advocates wishing to place a policy incentive behind waste-to-product upcycling, businesses involved with methane sequestration & renewable biogas energy, and shifting regulatory and penalizing models of pollution into incentive model for …

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 commons …

Investing In The Open Access Book Infrastructure: A Call For Action, Pierre Mounier, Jeroen Sondervan, Graham Stone

Copyright, Fair Use, Scholarly Communication, etc.

Books play an essential role in scholarly communication, notably but not only within the Social Sciences and Humanities. Open science benefits the quality and value of research and scholarship. If open access is to benefit society as widely as possible, it is logical to include academic books. In a 2019 briefing paper, Science Europe reported that: “Open access to academic books must be considered in the wider open access policies developed by research institutions, funders, and governments.”

In recent years, Knowledge Exchange, a joint network of six key national organisations in Europe, has been working on gaining a better understanding …

Institutional Framework For Open Space Conservation, Janice Griffith

Journal of Comparative Urban Law and Policy

Finding an effective approach to conserve large-scale, multipurpose open spaces through a coordinated network across jurisdictional boundary lines has proved elusive. Because open space infrastructure serves so many functions ranging from recreational trails to ecological systems protection, decision makers have often treated open space as a subpart of another activity and overlooked its importance. After discussing the benefits of open space conservation, this article analyzes the impediments to its realization. Noting the institutional fragmentation that surrounds open space conservation, the article discusses the governmental and private sector bodies that implement actions designed to achieve it. The article argues that open …

Retrenchment And Demise Of State Growth Management Programs, Jerry Weitz

Journal of Comparative Urban Law and Policy

No abstract provided.

Solving The First Mile/ Last Mile Problem: Electric Scooter And Dockless Bicycles Are Positioned To Provide Relief To Commuters Struggling With A Daily Commute, Kelly Grosshuesch

William & Mary Environmental Law and Policy Review

Commuters in cities across the United States struggle to find ease in their daily commute. Public transportation no longer provides residents with an adequate and reliable source of transportation.1 For many commuters, getting to and from nodes of public transportation is difficult and a deterrent from using public or shared transportation instead of driving.2 This, therefore, increases vehicle congestion and car emissions in cities. While multiple new technologies and innovations have emerged to attempt to help commuters with the trip to and from public transportation, most have fallen short.3 But two new innovations that have gained major popularity among consumers, …

Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence

Dickinson Law Review (2017-Present)

No abstract provided.

Regulatory Abdication In Practice, Cary Coglianese

All Faculty Scholarship

“Meta-regulation” refers to deliberate efforts to induce private firms to create their own internal regulations—a regulatory strategy sometimes referred to as “management-based regulation” or even “regulation of self-regulation.” Meta-regulation is often presented as a flexible alternative to traditional “command-and-control” regulation. But does meta-regulation actually work? In her recent book, Meta-Regulation in Practice: Beyond Normative Views of Morality and Rationality, Fiona Simon purports to offer a critique of meta-regulation based on an extended case study of the often-feckless process of electricity regulatory reform undertaken in Australia in the early part of this century. Yet neither Simon’s case study nor her book …

Perceptions Of Infrastructure, Flood Management, And Environmental Redevelopment In The University Area, Hillsborough County, Florida, Kris-An K. Hinds

USF Tampa Graduate Theses and Dissertations

The University Area (UA), a low-income, unincorporated neighborhood in Hillsborough County, Florida, is a site of sustainable redevelopment by the local government and nonprofit organizations. Throughout the past decade, the transitions in local and state political climates have significantly impacted the residents’ ability to advocate for infrastructural and environmental improvement to the site. This thesis discusses the findings of a research project dedicated to exploring resident perspectives of stormwater management, infrastructure, and the redevelopment currently occurring the University Area. Drawing from theoretical concepts in political ecology, environmental justice, and the interplay of agency and structure, this research investigates the impacts …

Options For An Indigenous Economic Water Fund (Iewf), First Peoples' Water Engagement Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

15 pages

Contains footnotes

"OPTIONS PAPER for the First Peoples' Water Engagement Council (FPWEC)"

"DATED 20 APRIL 2012"

Abstract: This paper highlights the options for a path forward to establish an Indigenous Economic Water Fund (IEWF) through acquisition of water entitlements¹ by indigenous people in systems where the consumptive pool is fully allocated. The water allocation that comes from indigenous holdings in the consumptive pool is an important mechanism for enabling Indigenous communities to achieve economic development and as such is a legitimate strategy for ‘Closing the Gap’. …

Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova

Saule T. Omarova

The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of …

Slides: The Colorado River: Innovation In The Face Of Scarcity, Anne J. Castle

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Anne J. Castle, Stanford Woods Institute for the Environment

40 slides

Slides: Moffat Collection System Project, Travis Bray

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Travis Bray, Project Manager, Moffat Collection System Project, Denver Water

45 slides

Charting A New Course For The Colorado River: A Summary Of Guiding Principles, Colorado River Research Group

Books, Reports, and Studies

[4] p. : color illustrations ; 28 cm.

After Assad: Syria’S Post-Conflict Reconstruction, H. M. Roff

Human Rights & Human Welfare

Simon Adams and Condoleezza Rice warn us that with the portended fall of Syria's Bashar al-Assad, the country could witness even more heinous crimes and, potentially, regional political fallout. These worries are not unfounded. However, what seems to be truly missing in their discussions is any mention of post-conflict reconstruction planning. This is unfortunate, as much handwringing is still occurring over "what to do" in Syria, and it will continue until there is a clear vision of what to do after this civil war. Syria's post-conflict reconstruction plan is—or should be—inherently tied to its current operational agenda.

Is There A Role For Common Carriage In An Internet-Based World?, Christopher S. Yoo

All Faculty Scholarship

During the course of the network neutrality debate, advocates have proposed extending common carriage regulation to broadband Internet access services. Others have endorsed extending common carriage to a wide range of other Internet-based services, including search engines, cloud computing, Apple devices, online maps, and social networks. All too often, however, those who focus exclusively on the Internet era pay too little attention to the lessons of the legacy of regulated industries, which has long struggled to develop a coherent rationale for determining which industries should be subject to common carriage. Of the four rationales for determining the scope of common …

Prelude To A Master Plan: Ware, Massachusetts, Belen Alfaro, Bruno Carneiro, Margaret Engesser, Kathryn E. Fox, Evadne R. Friedman, Timothy Inacio, Anita Lockesmith, Christina Mills, Stephanie Molden, Meagen Mulherin, Russell Pandres, Vinicius Pereira, Brian Reid, Pedro Soto, Jennifer Stromsten

Landscape Architecture & Regional Planning Studio and Student Research and Creative Activity

Prelude to a Master Plan offers ideas, recommendations, and a toolkit to help the town chart its own path towards that future. While the teams and individual students worked to ‘drill down’ into specific topic areas, the Studio defined three basic areas in order to think about how the various assets, challenges and ideas undermine or reinforce one another. The report is loosely organized in those terms: addressing the outlying rural areas and issues specific to these places, considering one of the key growth areas that has extended from town and the conflicts that arise from the many uses occurring …

Slides: Impacts Of Energy Deficits In Cooking, Illumination, Water, Sanitation, And Motive Power, Paul S. Chinowsky

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Presenter: Dr. Paul Chinowsky, Director, Mortenson Center in Engineering for Developing Communities; Professor, University of Colorado

25 slides

Challenges For Development In 21st Century (B.R. Publications, Delhi, 2011), A Book Authored By Dr. Ruby Ojha & Book Review By Prof. Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

This book makes a path-breaking contribution to encourage discourse on some of the most neglected areas in the mainstream economics. This scholarly contribution towards understanding of the macro-economic parameters affecting development economics goes beyond economic history and examines wide range of contemporary development problems. The provides up-to-date reference material for development economics, gender economics, International Trade and Economics of infrastructure. The scholar has examined wide range of contemporary concerns in development studies using prism of economics. She has touched specialized areas such as gender economics, environmental economics and inter-disciplinary work on social sector of the economy. International Trade and Economics …

Converging And Coexisting Systems Towards Smart Surveillance, Katina Michael, Mg Michael

Professor Katina Michael

Tracking and monitoring people as they operate within their personal networks benefits service providers and their constituents but involves hidden risks and costs.

Automatic identification technologies, CCTV cameras, pervasive and mobile networks, wearable computing, location-based services and social networks have traditionally served distinct purposes. However, we have observed patterns of integration, convergence and coexistence among all these innovations within the information and communication technology industry.1For example, ‘location-based social networking’ can draw on a smart phone's capacity to identify a user uniquely, locate him within 1–2m and share this information across his social network in real time. The resulting ability to …

Socio-Economic Effects Of Demolishing Squatter Settlements And Illegal Structures In Abuja Metropolis, Federal Capital Territory, Nigeria, Ishaku Iy Mallo Phd, Victor G. Obasanya

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

Abuja the Federal Capital Territory and study area is located between latitudes 8o25’ and 9o25’ North of the Equator and longitudes 6o45’ and 7o45’ East of the Greenwich Meridian. The study was carried out in Abuja Phase 1, and it is aimed at highlighting various socioeconomic effects of demolition of illegal structures and informal or squatter settlements on the people within the study area. Data was collected through reconnaissance survey, personal interviews with respondents, and a well laid out questionnaire. The results indicate that the demolition exercise embarked upon by the authorities in the Federal Capital Territory was a response …

Generic Wish-Lists For State-Centric Policies, Edzia Carvalho

Human Rights & Human Welfare

The Central America depicted in the article under review resembles a region visited by the Four Horsemen of the Apocalypse—colonial Conquest, civil War, Famine and other natural disasters, and poverty, disease and Death. Added to this list of woes are the recent drug-fueled conflict, democratic instability, weak state capacity, and the socio-economic fallout of the economic recession in the United States. While the first half of the article records these problems, the author shifts gears in the second half and provides an array of responses to these challenges, with a forceful recommendation that states in the region focus their efforts …

The Economics Of Horizontal Government Cooperation (Working Paper), Matthew R. Dalsanto Ph.D.

Matthew R. DalSanto, Ph.D.

This paper analyzes the ability of intrastate and interstate cooperative agreements to either minimize or capitalize on interjurisdictional externalities. These agreements are commonly referred to as compacts or joint powers agreements (intrastate compacts). The compact mechanism allows regional governments to enter into contractual agreements with one another to coordinate policy choices and to engage in cooperative endeavors. Given the inter-jurisdictional nature of the issues that affect horizontally situated governments, this mechanism is a powerful tool to achieve welfare-enhancing outcomes for citizens.

A review of the legal case law surrounding compacts is conducted to analyze the legal properties from an economic …

Slides: Chapter 7 Of The Commission Report, David L. Bernhardt

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: David L. Bernhardt, Partner, Brownstein Hyatt Farber Schreck (Washington, DC) and former Solicitor for U.S. Department of the Interior

14 slides

Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The World Economic Forum recognizes that while restrictions on energy affect water systems and vice versa, energy and water policy are rarely coordinated. The International Panel on Climate Change predicts that wet places will become wetter and dry places will become dryer. Transboundary water, energy and climate coordination can occur through international consensus building.

Human Rights Education In Peace-Building: A Look At Where The Practice Has Come From, And Where It Needs To Head, Tracey Holland

Human Rights & Human Welfare

The world’s peace-building and development organizations increasingly are incorporating human-rights frameworks into the myriad of activities now under their purview. Slower to develop, however, are the capacity-building programs designed to impart knowledge about human rights to citizens and communities. Field-workers throughout the world indicate that the lack of such guidance-giving education hinders them when it comes to monitoring activities, helping to rebuild public institutions, setting up and organizing electoral politics, building an unfettered media, protecting human security, setting up transitional justice mechanisms, and the myriad of other peace-building activities and democratization challenges they face in post-conflict situations. This paper not …

Slides: Status Of Southern Nevada Water Authority (Snwa): Third Intake Into Lake Mead And Groundwater Project, Kay Brothers

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

Presenter: Kay Brothers, Southern Nevada Water Authority (SNWA), Las Vegas, NV

37 slides