Social and Behavioral Sciences Commons^™

Welfare Polls: A Synthesis, Matthew D. Adler

All Faculty Scholarship

“Welfare polls” are survey instruments that seek to quantify the determinants of human well-being. Currently, three “welfare polling” formats are dominant: contingent-valuation surveys, QALY surveys, and happiness surveys. Each format has generated a large, specialized, scholarly literature, but no comprehensive discussion of welfare polling as a general enterprise exists. This Article seeks to fill that gap. Part I describes the trio of existing formats. Part II discusses the actual and potential uses of welfare polls in government decisionmaking. Part III analyzes in detail the obstacles that welfare polls must overcome to provide useful well-being information, and concludes that they can …

Policy Analysis For Natural Hazards: Some Cautionary Lessons From Environmental Policy Analysis, Matthew D. Adler

All Faculty Scholarship

How should agencies and legislatures evaluate possible policies to mitigate the impacts of earthquakes, floods, hurricanes and other natural hazards? In particular, should governmental bodies adopt the sorts of policy-analytic and risk assessment techniques that are widely used in the area of environmental hazards (chemical toxins and radiation)? Environmental hazards policy analysis regularly employs proxy tests, in particular tests of technological “feasibility,” rather than focusing on a policy’s impact on well-being. When human welfare does enter the analysis, particular aspects of well-being, such as health and safety, are often given priority over others. “Individual risk” tests and other features of …

Minority Women In The Healthcare Workforce In New England, Carol Hardy-Fanta, Erika Kates, Helen Levine, Kate Peery-Wolf

Publications from the Center for Women in Politics and Public Policy

Research on health disparities affecting people of color typically focuses on their health status, health treatment and health outcomes with a particular emphasis on the relatively high rates of morbidity and mortality from selected diseases for ethnic and racial minority groups. This fact sheet offers a different but related focus on gender and race/ethnicity in the health care workforce. Our rationale is that the Sullivan Commission on Diversity in the Healthcare Workforce concluded that the lack of minority doctors, nurses and dentists is a significant cause of racial/ethnic health disparities and that the ability to recruit, train and retain minority …

The Politic 2006 Summer, The Politic, Inc.

The Politic

No abstract provided.

Transportation Collaboration In The States, National Policy Consensus Center

National Policy Consensus Center Publications and Reports

Initiated in the summer of 2005 under contract to the Federal Highway Administration (FHWA), this project focused on the use of collaborative practices to address a range of transportation planning and development issues.

The project had four primary objectives:

• develop increased awareness among state officials of opportunities for the use of collaborative processes and collaborative governance systems in the transportation arena;
• identify one or more transportation collaboration opportunity in at least two states;
• identify collaborative training opportunities;
• develop and test a detailed assessment tool for use in identifying and designing transportation collaborations.

This project was conducted by the National Policy …

Managing Conflict To Build Consensus, Christine G. Springer

Public Policy and Leadership Faculty Publications

The article discusses views on dealing with conflict to build consensus in strategic management. Fostering conflict to improve decision making while building consensus so essential to effective implementation demands the stimulation of debate, keeping conflict constructive, ascertaining that the process is fair and legitimate and being able to reach closure.

Federalism And Antitrust Reform, Herbert J. Hovenkamp

All Faculty Scholarship

Currently the Antitrust Modernization Commission is considering numerous proposals for adjusting the relationship between federal antitrust authority and state regulation. This essay examines two areas that have produced a significant amount of state-federal conflict: state regulation of insurance and the state action immunity for general state regulation. It argues that no principle of efficiency, regulatory theory, or federalism justifies the McCarran-Ferguson Act, which creates an antitrust immunity for state regulation of insurance. What few benefits the Act confers could be fully realized by an appropriate interpretation of the state action doctrine. Second, the current formulation of the antitrust state action …

The Politic 2006 Spring, The Politic, Inc.

The Politic

No abstract provided.

Standards Ownership And Competition Policy, Herbert J. Hovenkamp

All Faculty Scholarship

Antitrust law is a blunt instrument for dealing with many claims of anticompetitive standard setting. Antitrust fact finders lack the sophistication to pass judgment on the substantive merits of a standard. In any event, antitrust is not a roving mandate to question bad standards. It requires an injury to competition, and whether the minimum conditions for competitive harm are present can often be determined without examining the substance of the standard itself.

When government involvement in standard setting is substantial antitrust challenges should generally be rejected. The petitioning process in a democratic system protects even bad legislative judgments from collateral …

The Law Of Exclusionary Pricing, Herbert J. Hovenkamp

All Faculty Scholarship

The success of the Areeda-Turner test for predatory pricing and the Supreme Court's adoption of demanding proof requirements in its 1993 Brooke Group decision have made it very difficult for plaintiffs to win conventional predatory pricing claims. While many challenges to exclusionary pricing continue to be made, the legal theory has evolved away from classical predation to a variety of other theories. These include challenges to quantity and market share discounts, single item and package discounts, and various purchasing practices, including slotting fees, overinvestment in fixed cost assets, and overbuying of variable cost inputs. Plaintiffs have enjoyed somewhat greater success …

Benefits For All: The Economic Impact Of The New Jersey Child Care Industry • Infant/Toddler, Preschool And Out-Of-School Time Programs, Brentt Brown, Saskia Traill Ph.D., Caroline Purnell Tompkins, The New Jersey Child Care Economic Impact Council, The John S. Watson Institute For Public Policy Of Thomas Edison State College

Center for the Positive Development of Urban Children

The child care industry includes infant/toddler care and education, preschool and out-of-school time care and education programs in for-profit, nonprofit and public settings that educate and nurture children’s development and enable their parents to work and update their skills. This report examines the economic impact of New Jersey’s child care industry and presents a complete picture of its gross receipts, number of employees and how the industry provides benefits for all. The child care industry is integral to family and economic life of New Jersey residents:

1. Child care and education programs with quality learning environments support New Jersey’s future …

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United States Senate Catalogue Of Graphic Art, Diane K. Skvarla, Donald A. Ritchie, Office Of The Senate Curator, William H. Frist, Harry Reid, Emily J. Reynolds

United States Senate Documents

This volume is the first comprehensive publication of the almost one thousand prints in the holdings of the United States Senate. The collection represents a 30-year effort to document graphically the 19th and early 20th century history of the Senate, the Capitol, and American political history. The diverse illustrations range from inauguration ceremonies and impeachment trials to senatorial portraits and political cartoons. Represented in the Senate's graphic art collection are some of the most notable artists who worked in the printmaking medium: Augustus Kallner, Rembrandt Peale, Alexander Hay Ritchie, Thomas Nast, and Joseph Keppler. While visually engaging, these prints also …

Uncertainty, Climate Change And Nuclear Power, David M. Hassenzahl

Public Policy and Leadership Faculty Publications

Long time-horizon environmental risks with potential for global impacts have increased in visibility over the past several decades. Such issues as climate change, the nuclear fuel cycle, persistent synthetic chemicals, and stratospheric ozone depletion share some characteristics, including intergenerational impacts, strongly decoupled incidence of risks and benefits, substantial decision stakes and extreme uncertainty. What is not well understood are the similarities and differences among sources and implications of uncertainty among these global environmental threats, especially those associate with current and future human behavior. This describes the uncertainties associated with managing two global concerns: the nuclear (fission) fuel cycle and anthropogenic …

The Essential Role Of Securities Regulation, Zohar Goshen, Gideon Parchomovsky

All Faculty Scholarship

This Article posits that the essential role of securities regulation is to create a competitive market for sophisticated professional investors and analysts (information traders). The Article advances two related theses-one descriptive and the other normative. Descriptively, the Article demonstrates that securities regulation is specifically designed to facilitate and protect the work of information traders. Securities regulation may be divided into three broad categories: (i) disclosure duties; (ii) restrictions on fraud and manipulation; and (iii) restrictions on insider trading-each of which contributes to the creation of a vibrant market for information traders. Disclosure duties reduce information traders' costs of searching and …

Restorative Processes & Doing Justice, Paul H. Robinson

All Faculty Scholarship

This essay argues that, while many restorative processes are quite valuable, there is the potential for their use to produce results that conflict with the community's shared intuitions of justice and to thereby undermine the criminal law's moral credibility. Because such moral credibility can have practical crime-control value, it ought not be undermined unless the crime-control benefits of doing so clearly outweigh the costs. In practice, it is entirely possible to rely upon restorative processes in ways that avoid injustice and that assure justice is done.

Network Neutrality And The Economics Of Congestion, Christopher S. Yoo

All Faculty Scholarship

No abstract provided.

The Uselessness Of Public Use, Abraham Bell, Gideon Parchomovsky

All Faculty Scholarship

The Supreme Court decision of Kelo v. City of New London has been denounced by legal scholars from the entire political spectrum and given rise to numerous legislative proposals to reverse Kelo's deferential interpretation of the Public Use Clause of the Fifth Amendment, and instead, limit the use of eminent domain when taken property is transferred to private hands. In this Essay we argue that the criticisms of Kelo are ill-conceived and misguided. They are based on a narrow analysis of eminent domain that fails to take into account the full panoply of government powers with respect to property. Given …