Social and Behavioral Sciences Commons^™

Does Convenience Come With A Price? The Impact Of Remote Testimony On Expert Credibility And Decision-Making, Ashley Jones

Dissertations

Legal cases involving expert testimony, especially by forensic mental health professionals, is increasingly relying on remote testimony to reduce associated costs and increase availability of such services. There is some evidence to show that expert testimony delivered via videoconference (VC) is comparable to expert testimony delivered in person; however, the most compelling evidence for this claim is unpublished. Other evidence across disciplines showed relative comparability between VC and in-person modalities across various types of outcomes. Based on both unpublished and published findings, this study tested the hypothesis that minimal differences in measures of expert credibility, efficacy, and weight assigned to ...

Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva

Theses and Dissertations

The 2002 film ‘City of God’ tells an anecdotal story of violence in the favelas of Rio de Janeiro, and is a reminder that the societies we tend to take for granted can actually be a luxury. The film portrays the daily life of the peripheries of Rio and its relation with drug trafficking, crime, and poverty, and how it has deteriorated into a war zone so dangerous that anyone risk being shot to death. Thousands of miles away from the Brazilian slums there is another so-called city of God, or the city chosen by God to be the home ...

Nudging Users Towards Data Privacy, Ossama Hanafy

Theses and Dissertations

The internet challenges users' privacy in unpreceded ways. Technology companies collect massive amounts of data from online users. They use algorithms that can track and analyze each activity by each user. Even though many users worry about their online privacy, they keep revealing more personal data. This study explores the causes behind online privacy erosion. While tech companies and governments aim to achieve economic and political goals, users are motivated by social motives. Online Privacy erosion leads to many harms to individuals and societies while collecting, processing, and disseminating data. Moreover, this study argues that the current legal approaches, especially ...

Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War, Harry Blain

Dissertations, Theses, and Capstone Projects

How far can a democracy go to protect itself without jeopardizing the liberties upon which democracy depends? This dissertation examines why wartime restrictions on civil liberties outlive their original justifications. Through a comparative historical analysis of five major American wars, it illustrates the decisive role of the U.S. Congress in preserving these restrictions during peacetime. This argument challenges the prevailing consensus in the literature, which identifies wartime executive power as the main threat to postwar freedoms. It also reveals broader narratives of American constitutional development, including the rise and fall of intrusive congressional investigations, the decline of sedition legislation ...

The Problem Of Blackness In America: Becoming When The Being Never Comes To Be, Nkiru Anyaegbunam

Dissertations, Theses, and Capstone Projects

The problem of Blackness in America is a consequence of the historical reality and continued legacies of colonialism, the triangular trade and chattel slavery that have been facilitated through violence and capitalism. This thesis will argue that this problem that is pronounced through racialized institutional systems of violence such as mass incarceration and housing inequality, which disproportionately negatively impacts Black Americans is part of a larger discourse on the human and (mis)recognition. This violence has created a quintessential incompleteness for Black Americans who neither are recognized as citizens nor human. The problem of Blackness will be continuously grounded in ...

A Systemic Approach To Understanding Burnout Through The Lens Of The United States’ Professional Art Therapy (And Mental Health) Community: A Literature Review, Mary Welch

Expressive Therapies Capstone Theses

Burnout among mental health counseling and art therapy professionals has long been an issue (Meyerson 1998; Prins et al., 2015; Yang & Hayes, 2020; Zeira 2021). While previous research into the causes and reduction of burnout have focused primarily on individual burnout, both in terms of psychology and workplace habits (Rollins et al. 2021), very few studies have been done examining the systemic, institutional, and cultural contributions to burnout in these professions. This paper aims to explore the connection between community standards and the current systems that intersect professional art therapy practice in the United States and the areas in which workplace policies ...

America: The World’S Police—How The Defund The Police Movement Frames An Analysis For Defunding The Military, Anya Kreider

The Scholar: St. Mary's Law Review on Race and Social Justice

In this article, the author examines the tenets of the Defund the Police movement and applies them to the American military to make the argument that not only should the police be defunded, but so should the American military. The purpose of this piece is to push the conversation regarding policing beyond American borders to examine American influence internationally. The article incorporates various Critical Race Theories to explore the intersection of policing and the military. The Defund the Police Movement also provides a framework for critiquing the American military because the American police and military are inextricably connected. Part I ...

Probing For Holes In The 100-Year-Old Baseball Exemption: A New Post-Alston Challenge, Sam C. Ehrlich

University of Cincinnati Law Review

As professional baseball’s unique exemption to antitrust law celebrates its one-hundredth year of existence, it faces a new attack in Nostalgia Partners v. Office of the Commissioner of Baseball, a claim by a group of minor league owners shut out of MLB’s recent restructuring of its minor league affiliate system. While the baseball exemption has weathered dozens of similar challenges over the past century, the Nostalgia Partners plaintiffs claim that circumstances on the Supreme Court have changed enough that the justices would be willing to overturn or narrow the exemption in their favor. This claim rests with the ...

Beauty And The Beast: Plastic Pollution In The Personal Care And Cosmetics Industry, Olivia Frantzeskos

Student Theses 2015-Present

This paper explores the history of plastic in the beauty and cosmetics industry, and how this toxic material is irreparably harming our ecosystems resulting from nonrecyclable packaging and a lack of microplastic management. Properly managing harmful plastics found in personal care and cosmetics products (PCCPs) is essential for minimizing toxic wastewater in raw sewage, landfills, and the ocean, as discussed in reports such as “Plastics in Cosmetics” by the UNEP. Furthermore, this paper presents an argument for why the personal care and cosmetics industry should be included in the Toxic Substances Control Act (TSCA), which gives the EPA authority to ...

Draft State Legislation: Agricultural Energy Net Metering & Power Purchasing, Samuel Kessler, Austin Gabhart

Commonwealth Policy Papers

This draft legislation was first authored by Commonwealth Policy Coalition Associates Samuel Kessler and Austin Gabhart in 2018, and is now published in 2022 to provide a method of creating improved Agricultural Net Metering and Power Purchase Agreements for agriculture-based energy developments. Shortly after this time, the Commonwealth of Virginia passed similar legislation directly dealing with renewable Net Metering and eventually Power Purchase Agreements in an agricultural context. Those especially in states which do not have Renewable Energy Portfolios which may or may not entail concerns with those portfolios and stakeholders in the nonrenewable industry are urged to consider implementation ...

Standing For Democracy: Is Democracy A Procedural Right In Vacuo? A Democratic Perspective On Procedural Violations As A Basis For Article Iii Standing, Helen Hershkoff, Stephen Loffredo

Buffalo Law Review

Many commentators express concern that democracy in the United States is under threat, whether from the pressure of concentrated wealth and structural racism, government secrecy and authoritarian tendencies, an outdated constitutional structure and old-fashioned corruption, or perhaps a combination of them all. Against this background, this Article argues that the Supreme Court’s treatment of procedural rights for determining standing—the key that opens the door to federal court—is an overlooked factor in contributing to democratic erosion. According to the Court, violation of a congressionally conferred procedural right that does not safeguard some separate, non-procedural, concrete interest of plaintiff ...

Draft State Legislation: "A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas (Hpsas)", Julia Mattingly

Commonwealth Policy Papers

This draft legislation was sponsored in the 2022 session of the KY General Assembly as HB 718.

Public Safety Presence And Response In Campus Housing: Using Restorative Justice Interventions To Mitigate Harm And Restore Trust In The Residential Community, Sydney Pidgeon

M.A. in Higher Education Leadership: Action Research Projects

In the wake of social unrest and demands of police reform (Childress et al., 2020; Davidson, 2020; Rogers & Gravelle, 2020), institutions of higher education have a unique opportunity to model a system of campus safety that mitigates harm and restores trust. This research explores the complex relationship between campus safety officers and residential life staff and student leaders at a mid-sized private institution and implements restorative justice interventions to rebuild trust between the two populations. This research created an intervention framework that improved the ongoing partnership between the Office of Residential Life and Department of Public Safety and facilitated a ...

Draft Legislation: A Novel Policy System Of Income & Refundable Property Tax Credits For Sustainable Use Of “Keystone” Stillage And Spent Grain Wastes To Stop Pollution And Surge Business Growth, Samuel Kessler

Commonwealth Policy Papers

This draft bill originally formatted by the KY Legislative Research Commission is the minimum text necessary to enact the policy described in the CPP whitepaper publication "Support New Business to Solve Old Problems with Kentucky’s Keystone Waste from Bourbon & Brewing". This publication is also known by the subtitle " A novel policy system of income & refundable property tax credits for sustainable use of Kentucky’s “keystone” wastes – stillage and spent grain - designed to stop pollution risk and surge business growth across the Commonwealth".

Any and all legislative bodies are encouraged to use the attached legislation as the basis for introducing ...

Afterword - It Has Been A Good Ride, Julian Conrad Juergensmeyer, James Nicholas

Journal of Comparative Urban Law and Policy

No abstract provided.

Beyond Brownfields Redevelopment: A Policy Framework For Regional Land Recycling Planning, Joseph Schilling

Journal of Comparative Urban Law and Policy

The fields of urban policy and urban planning lack a cohesive and comprehensive framework for recycling vacant and abandoned properties. Past and present efforts to repurpose vacant land and abandoned properties were often narrow responses driven primarily by economic redevelopment policies such as urban renewal of the 1950s & 1960s, deindustrialization of the 1970s & 1980s, and the public-private partnerships featured during the 1990s & 2000s. The 2008-2015 mortgage foreclosure crisis and Great Recession put the policy spotlight on how to address the widespread impacts from thousands of vacant and/or foreclosed homes that affected diverse markets and communities across the country. Even today, dozens of communities, especially those older industrial legacy cities, still have neighborhoods and districts with hundreds, even thousands of vacant homes. The COVID-19 Pandemic now presents policymakers with another socio-economic crisis that will dramatically impact our communities and its built environment. As communities begin the slow recovery process, they may confront waves of housing instability and business disruptions that could trigger significant increases in vacant homes and abandoned properties. This article outlines the core policy and program foundations for reclaiming vacant properties and abandoned buildings; identifies the policy and program innovations that can scale brownfields redevelopment to address challenges around equity, sustainability, and resilience; and provides a framework for a collaborative, cross agency, cross sector policy and planning framework that can address contemporary and future land recycling crises.

Four Modes Of Engagement: Positioning University Urban Design And Research Centers For The Future, Courtney Crosson

Journal of Comparative Urban Law and Policy

University urban design and research centers, which link academic pedagogy and research activities to real-world projects, have grown in number over the last several decades. As the rate of urbanization accelerates and universities’ missions become increasingly grounded in visible impact and financial self-sufficiency, these centers continue to offer an important and appealing model. This paper looks at the evolution of these centers from their beginnings in the 1950s, advancement in the 1980s, resurgence in the first decade of the 2000s, and current growing status. From a survey of over fifty centers throughout the United States, a typology is established based ...

The Evolution Of Fiscal Impact Analysis And Where It Needs To Go, L. Carson Bise, Colin Mcaweeney

Journal of Comparative Urban Law and Policy

Communities need analytical tools and technical support to assess and balance multiple priorities when making land use and development decisions. For many communities, priorities to be considered regarding land use decisions include resource conservation and climate adaptation, economic development, investing in new versus existing communities, and maintaining fiscal responsibility. This article examines the historical use of fiscal impact analysis and some thoughts on where the field should go in the future.

Advances In Planning Analysis And Engagement, Arthur C. Nelson

Journal of Comparative Urban Law and Policy

No abstract provided.

Adventures In Land Use Dispute Resolution: Utah's Innovative Program To Provide "Free" Legal Advice To Local Government, Neighbors, And Property Owners, Craig Call

Journal of Comparative Urban Law and Policy

Utah may have the nation’s most robust process allowing citizens to question local government land use decisions. This exists in the Office of the Property Rights Ombudsman (OPRO), created in 1997 and charged to assist in land use disputes in 2006. In three parts, this article divides an overview of the history of that office into two eras, evaluates one of the key functions of the current era—the preparation of advisory opinions (AOs), and suggests that Utah’s OPRO is a useful model for other states to consider. Most of this article focuses on the debates leading to ...

Saving The World Through Zoning: The Sustainable Development Code, Regeneration, And Beyond, Jonathan Rosenbloom, Chris Duerksen

Journal of Comparative Urban Law and Policy

The land use and planning community began to address sustainability at the local level in the 1990s, but in reality, state-of-the-art development codes drafted in the 1990s and early 2000s did little to address climate change, energy conservation, community health, loss of biodiversity, shifting biochemical cycles, racial justice, food supply, and other key sustainability issues. This article reviews past challenges that had to be overcome for sustainable development codes to become mainstream. The good news is that an increasing number of local governments are adopting ambitious sustainable development codes that hold great promise to not only protect the environment and ...

Land Use Trends In The Rocky Mountain West: The Role Of The Rocky Mountain Land Use Institute, Susan Daggett

Journal of Comparative Urban Law and Policy

As one of the fastest-growing regions of the country, the communities of the intermountain West are poised to lead the nation in many ways, including how we manage change, create communities, and foster local places that contribute to a very high quality of life by nurturing and valuing the natural assets that make this region so special. This essay will reflect on how development patterns in the region have shifted over time. This essay will also ponder some potential emerging trends and areas of focus for the future, in the hopes that future scholars, students, and practitioners will build on ...

The Rise And Fall Of Smart Growth: An Exploration Of The Appearance Of Smart Growth And Related Terms In Google Searches, Apa Conference Programs, And Selected Newspapers, Gerrit Knaap, Rebecca Lewis, Arnab Chakraborty, Katy June-Friesen, Naman Molri

Journal of Comparative Urban Law and Policy

Smart growth was conceived in the mid to late 1990s as a fresh approach to urban development that was neither for nor against growth but sought to change its form and location as an antidote to urban sprawl. The prescription was supported by a broad network of organizations and promoted extensively nationwide. Toward that end, the U.S. Environmental Protection Agency launched the Smart Growth Network that includes many of the nation’s premier planning, development, environmental, and local government organizations. Today, many would argue that smart growth has become the predominant planning paradigm in the United States.

It has ...

Growth Management's Fourth Wave, Revisited, Tim Chapin, Lindsay E. Stevens

Journal of Comparative Urban Law and Policy

In this article we provide an update to Timothy S. Chapin’s article, “From Growth Controls, to Comprehensive Planning, to Smart Growth: Planning's Emerging Fourth Wave,” published in 2012 in the Journal of the American Planning Association. It takes advantage of a decade of insight into national planning and development trends, as well as our experience with growth management in Florida to rethink this fourth wave. Notably, forces have emerged to fight centralized, state and local-directed land planning, led by a powerful development industrial complex. We conclude that growth management may struggle to remain a centerpiece of the planning ...

The Future Of The Comprehensive Plan, David Rouse

Journal of Comparative Urban Law and Policy

This article begins with a brief history of the comprehensive plan from its historic roots to the present day. It then considers contemporary comprehensive planning practice, using the Comprehensive Plan Standards for Sustaining Places developed by the American Planning Association (APA) as a benchmark. The article concludes by exploring how the comprehensive plan can and must evolve to address the major challenges of the 21st century. It draws on research and content from The Comprehensive Plan: Sustainable, Resilient and Equitable Communities for the 21st Century (Rouse and Piro 2022).

Advances In Planning Processes And Implementation, Arthur C. Nelson

Journal of Comparative Urban Law and Policy

No abstract provided.

Homeownership For The Long Run, Susan M. Wachter, Arthur Acolin

Journal of Comparative Urban Law and Policy

U.S. homeownership rates have largely recovered since the depths of the Great Recession, except for Black Americans. In 2019, 42 percent of Black households owned a home, compared to 73 percent of white households. Currently, about two thirds of households own their home, a rate of homeownership that has prevailed in the U.S. since mid-century. However, whether this rate can be sustained over the next decades is in question. Black and Hispanic/Latinx homeownership rates have remained far below that of the white non-Hispanic rate. In addition, the homeownership rate for younger households is now below its level ...

Market Demand-Based Planning And Permitting: Special Case Of Affordable Housing, Robert Hibberd

Journal of Comparative Urban Law and Policy

Arthur C. Nelson has advanced the concept of market demand-based planning and permitting (MDBPP) as a way in which to balance the need for development within the limits of market capacity. Lacking MDBPP discipline, real estate markets are prone to over-development that can lead to economic downturns including notably the Great Recession of 2007-2009. This article will unpack the history and challenge of MDBPP and demonstrate its efficacy. Then, it will apply these principles to the specific wicked problem of housing affordability, which is both ongoing and emerging in nature. It will tie this problem to a call for MDBPP ...

Affordable Housing: Three Roadblocks To Regulatory Reform, Dwight Merriam

Journal of Comparative Urban Law and Policy

This article focuses on techniques, initiatives, and regulatory reforms that may help improve affordability in housing, and thereby serve the need for economic, social, and racial equity. It focuses especially on three impediments standing in the way of affordability: the myth of Home Rule, limitations of the Fair Housing Act, and the pervasive use of private covenants and restrictions. Those roadblocks deserve the closest attention and concerted action and must be knocked down, once and for all, to get the housing we so desperately need.

The Enigma Of Housing Choice, Casey Dawkins

Journal of Comparative Urban Law and Policy

The U.S. faces a housing choice crisis. The growing shortage of affordable rental homes and looming mismatch between the homes offered for sale by baby boomers and the homes sought by the next generation of homeowners point to a need to fundamentally reshape the extent and diversity of the nation’s housing options. Housing and land-use policy experts have appealed to the aim of expanding housing choice to justify the removal of regulatory restrictions on certain housing types, the construction of affordable rental housing in transit-adjacent neighborhoods, the elimination of housing market discrimination on the basis of race and ...