Law Commons^™

What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler

All Faculty Scholarship

Major legislative actions during the early part of the 115th Congress have undermined the central argument for regulatory reform measures such as the REINS Act, a bill that would require congressional approval of all new major regulations. Proponents of the REINS Act argue that it would make the federal regulatory system more democratic by shifting responsibility for regulatory decisions away from unelected bureaucrats and toward the people’s representatives in Congress. But separate legislative actions in the opening of the 115th Congress only call this argument into question. Congress’s most significant initiatives during this period — its derailed attempts to repeal …

Paid Family And Medical Leave: Cost And Coverage Estimates Of Three Choices In Massachusetts, Policy Brief, Randy Albelda, Alan Clayton-Matthews

Publications from the Center for Women in Politics and Public Policy

This policy brief explores the costs and coverage of three proposed paid family and medical leave programs for Massachusetts. These are House Bill 2172, Senate Bill 1048, and 2018 Initiative Petition C. Each of these proposed programs establishes a contributory fund paid by employers and employees, to be used for eligible workers when they are out of work for their own serious health condition or that of a family member, for pregnancy, or to bond with a new child. The medical leaves considered are for own health reasons, including those related to pregnancy. Family leaves are for bonding with a …

Arkansas Teacher Salaries, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

This brief examines teacher salaries in Arkansas. Using data publicly available from the Arkansas Department of Education, we examine how teacher salaries compare to the nation and surrounding states. Further analyses examine differences in teacher salary within and between the regions of Arkansas. We identify the district factors most related to and make recommendations for utilizing this information.

The Syrian Refugee Crisis And The European Union: A Case Study Of Germany And Hungary, Simone-Ariane Schelb

FIU Electronic Theses and Dissertations

This thesis explores the impact of the Syrian refugee crisis on the Common European Asylum System. It evaluates the extent to which the European Union was able to implement a common asylum system, identifies discrepancies between different European countries, primarily Germany and Hungary, and briefly examines the roots of these differences. To this end, the structure of the international refugee protection regime and the German and Hungarian asylum systems are analyzed. Furthermore, the thesis explores how the governments of the two countries perceive the rights of refugees and how their views have affected their handling of the crisis. The case …

Eyes In The Sky, Concerns On The Ground, Siyuan Chen, Zi En Chow

Research Collection Yong Pung How School Of Law

In the last few years, drones have literally taken flight in our skies, over our parks, our beaches –and even over our homes. Aerial imaging enthusiasts are thrilled about their impact, while thosewho have privacy concerns may have some reservations.But while consumer-level drones do not make the best spies – they’re noisy, conspicuous, have ashort battery-life, are vulnerable to jamming and have limited telephoto capability – this maychange over time. With that in mind, we need to consider whether the existing causes of actionprovide any relief in law and, if they do not, how governments can regulate drones in a …

The Geopolitics Of Rare Earth Elements: Emerging Challenge For U.S. National Security And Economics, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Rare earth elements (REE) contain unique chemical and physical properties such as lanthanum, are found in small concentrations, need extensive precise processes to separate, and are critical components of modern technologies such as laser guidance systems, personal electronics such as IPhones, satellites, and military weapons systems as varied as Virginia-class fast attack submarines, DDG- 51 Aegis destroyers, the F-35 Joint Strike Fighter, and precision guided munitions. The U.S. has some rare earth resources, but is heavily dependent on access to them from countries as varied as Afghanistan, Bolivia, and China. Losing access to these resources would have significant adverse economic, …

Geopolitics Of Rare Earth Elements, Bert Chapman

Libraries Faculty and Staff Presentations

Rare earth elements (REE) contain unique chemical physical properties such as lanthamum, are found in small concentrations, need extensive precise properties to separate, and are critical components of modern technologies such as laser guidance systems, personal electronics such as IPhones, satellites, and military weapons systems as varied as Virginia-class fast attack submarines, DDG-51 Aegis destroyers, the F-35 Joint Strike Fighter, and precision guided munitions. The U.S. has some rare earth resources, but is heavily dependent on access to them from countries as varied as Afghanistan, Bolivia, and China. Losing access to these resources would have significant adverse economic, military, and …

How Useful Is Gsv As An Environmental Observation Tool? An Analysis Of The Evidence So Far., Katherine Nesse, Leah Airt

SPU Works

Researchers in many disciplines have turned to Google Street View to replace pedestrian- or carbased in-person observation of streetscapes. It is most prevalent within the research literature on the relationship between neighborhood environments and public health but has been used as diverse as disaster recovery, ecology and wildlife habitat, and urban design. Evaluations of the tool have found that the results of GSV-based observation are similar to the results from in-person observation although the similarity depends on the type of characteristic being observed. Larger, permanent and discrete features showed more consistency between the two methods and smaller, transient and judgmental …

The Required Law & Public Policy Course In The College Of William & Mary's Master Of Public Policy Program: 25 Years Of Lessons, James S. Heller

Library Staff Publications

No abstract provided.

Description Of The Albelda Clayton-Matthews/Iwpr 2017 Paid Family And Medical Leave Simulator Model, Alan Clayton-Matthews, Randy Albelda

Economics Faculty Publication Series

The basic strategy behind our approach to estimating the cost of a paid leave program was to, as much as possible, base estimates of program costs on actual known leave-taking behavior, and where this was not possible, to estimate a range of program costs reflecting a range of reasonable assumptions about unknown aspects of behavior in the presence of a paid leave program. We wanted to be able to estimate the sensitivity of program costs estimates to these assumptions. We also wanted to be able to analyze the distribution of program benefits by demographic characteristics. Furthermore, we wanted to be …

Getches-Wilkinson Center Newsletter, Fall 2017, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

Litigation In Search Of Educational Opportunity: An Analysis Of Abbeville County School District Et Al. V. The State Of South Carolina Et Al., Jennifer Michelle Hein

Dissertations

Like many southern states, South Carolina has a history permeated by issues related to race, equity, and educational opportunity. As early as the 1949 South Carolina court case, Briggs v. Elliott, South Carolina has had to address issues of equity and educational opportunity among its disenfranchised and marginalized citizenry. More than 60 years later, in Abbeville County School District et al. v. the State of South Carolina et al., sectors of rural South Carolina, predominantly black and poverty laden, would unite and engage in a legal battle with the State over equity in public education and by judicial mandate, be …

Asean And The South China Sea: Approaches To Resolving The Conflict, Jennifer Jie Li

Independent Study Project (ISP) Collection

In recent years, tensions have escalated between actors in the South China Sea, one of which is the Association for Southeast Asian Nations (ASEAN), the region’s primary intergovernmental organization. The purpose of this report is to determine the effectiveness of ASEAN in resolving the South China Sea disputes and to clarify how geopolitical factors have impacted the organization’s actions. Through an analysis of evolving maritime claims and the current state of affairs, this paper suggests that ASEAN must be involved in any attempt to resolve the conflict peacefully. Acknowledging the importance of the diplomatic channels that ASEAN has created to …

Evaluating Frameworks For Multilateral Investor-State Dispute Settlement, Danielle Rosenthal

Independent Study Project (ISP) Collection

Utilizing both empirical studies of investor-state dispute settlement (ISDS) regimes and the accounts of both public and private practitioners of these processes, this study aims to inform public policymakers, multinational corporation leadership, and academic researchers on some of the key issues to consider when developing a multilateral friendly ISDS regime. By analyzing the procedural and functional details of both traditional arbitration (via the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law) and investment dispute courts (via those proposed in the Trans-Atlantic Trade and Investment Partnership and the EU Canada Comprehensive Economic and …

Community Management And Governance Of Comatsa-Sud New Protected Area (Ambalamanasy Ii Commune), Allison Tennant

Independent Study Project (ISP) Collection

Community-based natural resource management is an increasingly more popular choice for governments to delegate power back to local communities to conserve the resources they rely on. In Madagascar, where much of the rural population provides for their livelihoods by using natural resources, this governance structure, in cooperation with delegated manager for assistance, presents an opportunity for economic development in cooperation with conservation efforts. This paper aims to better understand the role of community, NGO, and governmental actors in creating and executing community management structures. Through Participatory Rural Analysis and structured and semi-structured interviews, it explores what management transfers look like …

Key New Hampshire And Federal Statutes Regulating Health Care Delivery And Payment, Lucy Hodder

Law Faculty Scholarship

A summary of New Hampshire and federal regulations by subject matter, chart of New Hampshire state agency responsibilities, federal laws and regulation: An index

Ethical Business Practice, Accountability, And Quality Assurance: Primary Drivers For Sustainable Tourism Development In Iceland, Abigail Harrison

Independent Study Project (ISP) Collection

The tourism industry in Iceland has grown exponentially in the last decade, causing changes to the natural landscape and drastically shifting revenue streams in the economy. This rapid growth coupled with the recent development of Iceland’s tourism industry makes it the perfect case study for how to effectively mitigate tourism influxes. This unprecedented rate of growth impels the creation of sustainability measures within this industry in order to ensure a lasting vision of Icelandic tourism in the future. Both the government and private sector have already begun to institute sustainability measures in society and in business. The primary aim of …

Antitrust Policy And Inequality Of Wealth, Herbert J. Hovenkamp

All Faculty Scholarship

Why would anyone want to use antitrust law as a wealth distribution device when far more explicit statutory tools are available for that purpose? One feature of antitrust is its open-textured, nonspecific statutes that are interpreted by judges. As a result, using antitrust to redistribute wealth may be a way of invoking the judicial process without having to go to Congress or a state legislature that is likely to be unsympathetic. Of course, a corollary is that someone attempting to use antitrust law to redistribute wealth will have to rely on the existing antitrust statutes rather than obtaining a new …

Research Offers Tough Love To Improve Human Rights Practices, Joel Pruce

Political Science Faculty Publications

We know what it means to practice a skill such as juggling or dancing, but what does it mean to "practice" human rights?

Contributions to OpenGlobalRights (OGR), since its inception, have gravitated around critique of human rights practices by focusing on advocacy and activism, cultivating debates that address the contemporary dilemmas facing human rights movements worldwide. The launch of OGR four years ago is a symptom of what I’ve referred to elsewhere as a “practice turn” in the scholarly field of human rights—one that takes human rights practice as its subject, forges space for scholar-practitioner collaboration and communication, and focuses …

Substance Use Disorder Treatment Confidentiality Boot Camp, Lucy C. Hodder, Stephanie Cameron, Marcy Doyle, Christina Muñiz, Jeanne Ryer Edd

Law Faculty Scholarship

[Excerpt]: "INTRODUCTION: The Health Law and Policy Programs at UNH School of Law, Institute for Health Policy and Practice, and the NH Citizens Health Initiative have contracted with several of the New Hampshire Building Capacity for Transformation Delivery System Reform Incentive Payment (DSRIP) Integrated Delivery Networks (IDN) to provide technical assistance to the IDNs as they develop confidentiality tools related to substance use disorder services projects.

A UNH Team assisted the IDNs by providing an educational summary of federal and state confidentiality requirements, focusing on 42 CFR Part 2, and hosting IDN interdisciplinary teams in three Substance Use Disorder (SUD) …

Before International Tax Reform, We Need To Understand Why Firms Invert, Michael S. Knoll

All Faculty Scholarship

A wave of corporate inversions by U.S. firms over the past two decades has generated substantial debate in academic, business, and policy circles.

The core of the debate hinges on a couple of key economic questions: Do U.S. tax laws disadvantage U.S.-domiciled companies relative to their foreign competitors? And, if so, do inversions improve the competitiveness of U.S. multinational firms both abroad and at home?

There is unfortunately little, if any, empirical work directly determining whether U.S.-based MNCs are currently tax-disadvantaged compared to their foreign rivals, or measuring the amount by which (if any) U.S.-based MNCs improve their competitive position …

Conclusion: Trigger Crimes & Social Progress, Paul H. Robinson, Sarah M. Robinson

All Faculty Scholarship

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. It is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of everyday existence but some crimes make people stop and take notice – because they are so outrageous or so heart-wrenching.

This brief essay explores the dynamic of tragedy, outrage, and reform, illustrating how certain kinds of crimes can trigger real social progress. Several dozen such “trigger crimes” are identified but four in particular are …

Does Liberalizing State Nurse Practitioner Scope Of Practice Laws Affect The Primary Care Provider Composition And Productivity In Community Health Centers?, Jeongyoung Park, Xinxin Han, Ellen T. Kurtzman

Health Workforce Research Center Publications

The state scope of practice (SOP) laws determine the range of services nurse practitioners (NPs) can provide and the extent to which they can practice independently. This has been a hot topic amid concerns about primary care provider shortages in light of health reform coverage expansion. Many states consider liberalizing NP SOP laws in an effort to expand primary care capacity. As the demand for primary care increases, NPs are expected to have an active role in meeting primary care needs. The purpose of this study was to examine the effects of expanded nurse practitioner (NP) scope of practice (SOP) …

50 Years On, S’Pore’S National Service Is Now A Shared Legacy, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

SMU Associate Professor of Law Eugene Tan contributed an opinion piece which argued that National Service (NS) provides Singapore with a security umbrella under which economic and commercial ambitions and aspirations can be purposefully pursued. Beyond its primary role as a defence force, NS has immense potential to shape society by nurturing national and civic consciousness, critical for Singapore’s multiracial society. “Given the extensive commitment, efforts continue to be made to strengthen the tripartite relationship between the Ministry of Defence and SAF [Singapore Armed Forces], employers and NSmen [men engaged in National Service]. They include recognising supportive employers and businesses, …

The Use And Reliability Of Federal Nature Of Suit Codes, Christina L. Boyd, David A. Hoffman

All Faculty Scholarship

When filing a civil case in a federal district court, attorneys must identify one, and only one, of ninety issue area nature of suit (NOS) codes that best describes their case. While this may seem like a trivial moment in litigation, the selection of this single descriptor has significant implications for court statistics, empirical research findings, and the allocation of resources to federal courts, including judgeships. Despite the import of NOS codes, there is little within the process of choosing them to guarantee reliability in the selected NOS codes. To assess how reliable NOS codes are, we examine a database …

Report Of The Delaware Criminal Law Recodification Project, Paul H. Robinson, Matthew Kussmaul, Ilya Rudyak, Criminal Law Research Group

All Faculty Scholarship

In 1973, during the “first wave” of American criminal law recodification efforts following the publication of the Model Penal Code, Delaware adopted a new criminal code. While it represented a dramatic improvement over the law it replaced, its initial clarity and utility were greatly diminished by subsequent piecemeal legislation. Delaware’s current criminal code is lengthy, inconsistent, and replete with duplicative and outdated offenses that impose disproportional punishments. This process of criminal code deterioration is not unique to Delaware and plagues other U.S. jurisdictions. In 2015, however, stakeholders in Delaware’s criminal justice system initiated a code revision process, commissioning the authors …

Guidepost 4: Ensure That Supports Are Outcome-Oriented And Regularly Monitored, Miwa Tanabe, Jaimie Ciulla Timmons, Jennifer Sullivan Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

Community Life Engagement refers to how people with intellectual and developmental disabilities (IDD) access and participate in their communities outside of employment as part of a meaningful day. (See “What Is Community Life Engagement?” in the box on page 3.) The Community Life Engagement team has been conducting research to identify the elements of highquality Community Life Engagement (CLE) supports. We have created a series of four Engage Briefs to examine the guideposts in detail.

Pharmaceutical Federalism, Patricia J. Zettler

Faculty Publications By Year

There is growing interest in states regulating pharmaceuticals in ways that challenge the U.S. Food and Drug Administration’s (FDA) federal oversight. For example, in 2013 Maine enacted a law to permit the importation of unapproved drugs, reflecting concerns that federal requirements are too restrictive, while in 2014 Massachusetts banned an FDA-approved painkiller, reflecting concerns that federal requirements are too lax. This Article provides an account of this recent state interest in regulating drugs and considers its consequences. It argues that these state regulatory efforts, and the nascent litigation about them, demonstrate that the preemptive reach of the FDA’s authority extends …

Personality Factors, Obsessive-Compulsive Behavior, And Sexual Fantasy As Predictors Of Paraphilic Disorder Intensity, Ethan Jack Edwards

Masters Theses & Specialist Projects

Researchers vary on their definitions of paraphilia. A difference exists between an individual possessing a paraphilia versus an individual possessing a paraphilic disorder. Hanson (2010) proposed a dimensional model of sexual deviance that includes a measure of intensity. However, research on sexual intensity has been lacking. A majority of existing research focuses on the potential risk factors of possessing a paraphilia or paraphilic disorder (e.g., criminality). There is less focus on whom in the population has the potential to develop a paraphilia; or which factors predict paraphilic behavior.

The Big Five personality factors (openness to experience, conscientiousness, extraversion, agreeableness, and …

Rehabilitation And Reintegration Of Genocide Ex-Prisoners: Understanding The Correctional Role Of Prisons In Rwanda, Lulu Abdun

Independent Study Project (ISP) Collection

After the Genocide Against the Tutsi in 1994, over 120,000 people were imprisoned in Rwanda for the perpetration of genocide. Twenty-three years after the Genocide, numerous genocide ex-prisoners have been released. Throughout their prison time and after their release, rehabilitation and reintegration programming has been available. This paper looks at the rehabilitation and reintegration programming available to genocide ex-prisoners, the success and challenges they currently face or have previously faced, and recommendations for reforms for the future prison/rehabilitation/reintegration process. This paper also examines the correctional role of prisons in Rwanda and how that contributes to successful reintegration. From interviewing genocide …