Social and Behavioral Sciences Commons^™

Antitrust And Nonexcluding Ties, Herbert J. Hovenkamp

All Faculty Scholarship

Notwithstanding hundreds of court decisions, tying arrangements remain enigmatic. Conclusions that go to either extreme, per se legality or per se illegality, invariably make simplifying assumptions that frequently do not obtain. For example, by ignoring double marginalization or tying product price cuts it becomes very easy to prove that a wide range of ties are anticompetitive. At the other extreme, by ignoring foreclosure possibilities one can readily conclude that ties are invariably benign.

Ties have historically been thought to produce two kinds of competitive harm: “leverage,” or extraction; and foreclosure, or exclusion. The two theories are not mutually exclusive. Indeed, …

Teaming Up For Safer Cities: A Report From The Implementation Assessment Of The National Forum On Youth Violence Prevention (2012), Jeffrey A. Butts, Caterina Gouvis Roman, Kathleen A. Tomberg

Publications and Research

The efforts inspired by the National Forum on Youth Violence Prevention will take time to develop, but survey results from the first 15 months of implementation suggest that the initiative may be generating some important changes. In five communities, survey respondents report a number of potentially valuable improvements. The results imply that the cities involved in the National Forum may be increasing opportunities for youth and improving the extent to which violence prevention approaches draw upon the perspectives and expertise of a broad range of community members. There are also indications that some cities are developing better overall capacity to …

The Utah Model: Lessons For Regional Planning, Brenda C. Scheer

Brookings Mountain West Publications

Utah has become an unlikely leader in regional planning through a voluntary partnership of key leaders, agencies, local government, and the general public. Given that regional planning efforts around the nation have generally evoked strong reactions from residents concerned about losing local control, the success of Envision Utah—the organization that emerged as a key driver of regional planning in Utah—in building a consensus around regional growth management holds lessons for other regions.

Envision Utah adopted several strategies that have distinguished Utah’s regional planning efforts from other regions and given rise to what can be called the “Utah model” of collaborative …

Neoclassical Labor Economics: Its Implications For Labor And Employment Law, Michael L. Wachter

All Faculty Scholarship

Whereas law and economics appears throughout business law, it never caught on in legal commentary about labor and employment law. A major reason is that the goals of the National Labor Relations Act (NLRA), the country’s foundational labor law, are at war with basic principles of economics. The lack of integration is unfortunate if understandable. Notwithstanding the NLRA’s normative goal to keep wages out of competition, economic analysis applies as centrally to labor markets as to any other market.

One of the NLRA’s primary goals is to equalize bargaining power. Its drafters envisioned achieving this goal through procedural and substantive …

Violent Youth Crime Plummets To A 30-Year Low, Jeffrey A. Butts

Publications and Research

FBI crime data show a considerable drop in violent youth crimes between 2010 and 2011, with arrests for murder and nonnegligent manslaughter dropping 20 percent in one year. Violent crime arrest rates in 2011 were 30 percent lower than in 2008. This databit shows the percent change in violent offenses charged against youth under 18 between 2010 and 2011 and the youth violent crime rate since 1981.

Antitrust And The Costs Of Movement, Herbert J. Hovenkamp

All Faculty Scholarship

Antitrust is rightfully concerned about the structure of markets as well as the bargaining that occurs in them. As a result, the absolute cost of redeploying resources can be just as important as the transaction costs of arranging for their movement. This paper examines several broad themes in antitrust, considering the role of various assumptions about the costs of getting resources moved toward superior positions and the ability of the antitrust system to facilitate this movement. Part II very briefly examines structuralism as a theory underlying antitrust enforcement, particularly its assumptions about the difficulty and costs of moving resources. Harvard …

Los Beneficios De La Educación Cultural Para La Rehabilitación, Samantha Thoma

Spain: Language, Community, and Social Change

In Fall of 2012, during my participation in the Spain: Language, Community and Social Change program, I volunteered at El Centro de Inserción Social “Matilde Canto Fernandez”, a center for inmates in the advanced stages of their reintegration. It is located in the center of urban Granada in order to make the reintegration into the social life of Granada easier. The center plays a residential role and offers intervention and treatment of activities, and social work.

The initial idea for my service was to conduct a “Cine-fórum” in which I would show a movie and lead a discussion where …

Assessing The Cost Effectiveness Of Policy Options To Address Overcrowding At The Broome County Public Safety Facility, Daniel J. Reynolds

MPA Capstone Projects 2006 - 2015

In 1996, Broome County opened the new Broome County Public Safety Facility (BCPSF) that doubles the County's capacity for housing inmates locally. However, the County has experienced a significant increase in jail population since BCPSF was opened. This has resulted in the resumption of the practice of boarding excess inmates at regional facilities. Given the County's desire to contain costs associated with overcrowding, this research project conducted a cost effectiveness analysis of three policy alternatives to address the jail overcrowding issues: (1) maintaining the current practice of boarding, (2) renovating a gymnasium into a 48 bed "Gym-Pod," or (3) constructing …

The Israeli Defense Forces In The 21st Century: Humanitarian Complier Or Human Rights Violators? An Assessment Of Ihl Compliance In The Second Lebanon War And Operation Cast Lead, Skyler Scoggan

Independent Study Project (ISP) Collection

My reasons behind writing this paper are very personal and its conclusion will have a direct impact on my future. I am Jewish by blood and have always have had a strong connection with the tradition even though I do not consider myself religious. I have respected more so the traditions and culture that have come from the faith of my mother. The fact that my grandfather, great grandfather, and the dozen more before him, carried on these same rituals that I carry out on Shabbat or on the high holidays, is beyond the realm of being special. Many cannot …

Managing Expectations: Does The Directors' Duty To Monitor Promise More Than It Can Deliver?, Lisa Fairfax

All Faculty Scholarship

This article grapples with whether we are expecting too much from the duty of oversight. The directors’ oversight duty refers to directors’ responsibility to actively monitor corporate officers, employees, and corporate affairs. Directors breach their oversight duty when officers and employees engage in wrongdoing that causes harm to the corporation and that wrongdoing can be attributed to directors’ failure to monitor. In other words, oversight liability holds directors liable for their failure to act under circumstances where it can be proven that directors should have acted and their actions could have prevented corporate harm.

The significance of directors’ oversight duty …

Tsunamis: Desprevenidos Por La Realidad De La Geología Un Estudio De La Posibilidad Y Precauciones Por Un Tsunami En Puerto López, Manabí, Ecuador, Abigail Eurich

Independent Study Project (ISP) Collection

Tsunamis occur in the Pacific Ocean about once every 1.5 years (Berninghausen, 1962). Forty-nine Tsunamis are recorded to have hit the western coast of South America since 1562, though only 3 hit the coast of Ecuador specifically (Berninghausen, 1962). However, it is still important to recognize the possibility of having a tsunami in Ecuador and plan accordingly. On a very complex junction of the Nazca and South American plate, with the Nazca and Carnegie Ridges as well as the Galapagos hotspot, this part of the world is apt to many earthquakes, submarine landslides, and volcanic activity which all have the …

Women’S Political Leadership In Massachusetts, Paige Ransford, Meryl Thomson, Sarah Healey

Publications from the Center for Women in Politics and Public Policy

The Center for Women in Politics and Public Policy (CWPPP) at UMass Boston’s McCormack Graduate School of Policy Studies has been tracking the election of women at the municipal level in Massachusetts since 1996. In 2003, the Project expanded to include all New England states. CWPPP remains the only research center in the United States that regularly tracks women’s political representation at the local level.

Bypassing Civil Gideon: A Legislative Proposal, Erin B. Corcoran

Law Faculty Scholarship

Eighty-four percent of immigrants appearing before immigration judges are unrepresented. Immigration judges are overwhelmed with the dual role of adjudicating cases and serving as counsel to pro se individuals appearing before them. In addition, due to the rising costs of retaining a lawyer, immigrants are turning to immigrant consultants. These incompetent and unscrupulous individuals are preying on vulnerable immigrants and engaging in the unauthorized practice of law. In addressing unmet legal needs for immigrants, most advocacy efforts for immigrants regarding the acquisition of competent representation focus on persuading the courts that immigrants appearing before an immigration judge have a constitutional …

Ocean Governance: The New Zealand Dimension Full Report, Michael Vincent Mcginnis

Working Papers

The primary goal of this report is to provide interested members of the public and policymakers with a general overview and a description of the types of principles, planning tools, and policy instruments that can be used to strengthen and improve marine governance in New Zealand. As extractive uses (hydrocarbons and minerals, in particular) ramp up and others are explored and brought on line in the marine areas of New Zealand, the need will increase for a more integrative, ecosystem-based approach to marine governance.

This study is based on the following types of analysis:

• a review of the literature …

Homicide By Neighborhood: Mapping New York City’S Violent Crime Drop, Preeti Chauhan, Lauren Kois

Publications and Research

Researchers, scholars, and policymakers interested in the falling rate of violent crime in New York City (NYC) have attempted to pinpoint causes of the welcome trend. Discovering the causes of the city’s crime drop may lead to important lessons for the city itself and may influence policy and practice throughout the state, nation, and perhaps other countries. Researchers have suggested a host of mechanisms that may explain the dramatic decline in violence, but two factors—misdemeanor policing and the transformation of drug markets—continue to receive the most attention. This report focuses on these factors in relation to gun-related homicide rates. It …

Increasing Drug Arrests After 1980 Had Disproportionate Effect On Women, Jeffrey A. Butts

Publications and Research

Drug arrests increased faster for adult women and were nearly double the rate for men of the same age from 1980, though men still outnumber women in this category. This databit shows the arrest rates for women from 1980 to 2010 for youth, young adults, and older adults in drug sales/manufacture and possession.

The Clash Of Human Rights Principles And National Security Concerns: The Implications Of The Readmission Agreement Between Ukraine And The European Union On The Rights Of Unaccompanied Migrant Children, Kateryna Ustymenko

Independent Study Project (ISP) Collection

This study is the analysis of the efforts of the European Union to stop the flow of irregular migration to the European Union and its impact on the lives of unaccompanied migrant children, who find themselves in a transit zone between the EU and Ukraine. This study will provide a general overview of the issue of unaccompanied migrant children, the analysis of international legal protections granted to unaccompanied migrant children, and the overview of the discrepancies between international law and actual practices based on the example of Ukraine in the context of bilateral Readmission Agreement between Ukraine and the European …

Pioneers Of Youth Justice Reform: Achieving System Change Using Resolution, Reinvestment, And Realignment Strategies, Douglas N. Evans

Publications and Research

In the past three decades, state and local governments implemented various reform strategies to reduce the youth justice system’s reliance on confinement facilities and serve as many youths as possible in their own homes or at least in their own communities when removal from the home is warranted. The various reform strategies may be conceptualized as relying on three distinct but interrelated mechanisms: resolution, reinvestment, and realignment (Butts and Evans 2011). Resolution refers to the use of managerial authority and administrative directives to influence system change; reinvestment entails using financial incentives to encourage system change, and realignment employs organizational and …

The French Prison System: Comparative Insights For Policy And Practice In New York And The United States, Lila Kazemian, Catrin Andersson

Publications and Research

Despite many differences between French and American correctional practices, the two countries have common challenges as well. This report offers a brief overview of the French prison system and describes how the elements of that system compare with the policies and practices of corrections agencies in New York and the United States.

Advancing A Qualitative-Based Research Construct: Methods And Applications, Chien-Tsung Lu, Jennifer Kirschner, Brent D. Bowen, Erin E. Bowen

Aviation Technology Faculty and Staff Publications

A research framework, or construct, provides researchers with generally accepted guidelines to organize scholarly efforts and foster methodological rigor. Over time, many qualitative research frameworks have become fully vetted and recognized, including action research, grounded theory, and phenomenology, among many others. The Policy Research Construct has also evolved over the last decade into a refined framework for use in qualitative and mixed method studies. This paper continues to define the PRC and includes a meta-review of multiple applications of the PRC to examine policy-related research questions, as well as organizational change and program effectiveness research.

What Is The Optimal Subsidy For Exercise? Informing Health Insurance Companies' Fitness Reimbursement Programs, Molly E. Frean

Economics Honors Projects

Health care costs account for 17% of US GDP and many programs and policies seek to reduce these costs. This paper focuses on exercise as preventive care due to its immense physiological benefits. I model the profit-maximizing choice of health insurance companies to subsidize exercise and the utility-maximizing choice of individuals to engage in exercise using a traditional principal-agent framework. I then use principles from behavioral economics and psychology to critique these models and provide further insight into understanding our underconsumption of such preventive services. I end with an evaluation of current programs and suggestions for improvement using empirical findings.

Less Serious Offenses Account For 90 Percent Of The Growth In Juvenile Placements, Jeffrey A. Butts

Publications and Research

The largest increases in juvenile placements were seen in cases involving obstruction of justice, simple assault, drug law violations, vandalism, and disorderly conduct. This databit looks at the percentage and change in placement cases for juveniles from 1985 to 2008.

Violent Crime Rates Continue To Fall Among Juveniles And Young Adults, Jeffrey A. Butts

Publications and Research

Violent crime (murder, forcible rape, robbery, and aggravated assault based on the FBI Violent Crime Index) declined per capita for ages 10 – 17 after 2004. This databit looks at the arrest rates for these four offenses between 1994 and 2004.

Impacts, Issues, And Challenges Associated With Using A Performance Measurement System In New York State Counties, Jeremy Pelletier

MPA Capstone Projects 2006 - 2015

The Broome County Legislature is currently comprised of nineteen legislators representing over 200,000 citizens. The legislatures is trying to find a way to maintain the same quality of services without raising taxes and is exploring the possibility of implementing a performance measurement system in order to achieve this goal. The purpose of this capstone project is to identify the impacts, issues, and challenges other New York State Counties have experienced using performances measurement.

Take Back Rondebosch Common: A Case Study On Discontent With The Da And Urban Land Reform In Rondebosch, Cape Town., Kyle Dallman

Independent Study Project (ISP) Collection

In late January of 2012, undercurrents of dissatisfaction with Cape Town’s ruling political party, the Democratic Alliance, and their pace of development and service delivery came to a head as aggrieved citizens marched through the southern suburbs of the city to a green known as Rondebosch Common. The citizens had planned on protesting the lack of opportunities for Cape Town’s non-white citizens while at the Common in a “Land, Housing and Jobs Summit,” but were met with police batons and armored vans that quelled the movement in an astonishing show of force. This paper will investigate the motivations of the …

Do No Harm: Perceptions Of Short-Term Health Camps In Nepal, Dena Seabrook

Independent Study Project (ISP) Collection

Short-term health camps are a growing form of delivering health care services to needy populations. Often these camps, usually lasting around 2 weeks, are led by I/NGOs in developing nations like Nepal and are staffed with volunteers from the Global North. These camps are largely ungoverned, and there are no evaluative techniques in place to monitor the effectiveness of the work done, raising concerns about the unintended consequences of short-term health camps camps. Nepal is particularly vulnerable to this issue because of the vast number of I/NGOs currently operating within its boundaries.

This research sought to expand the conversation surrounding …

Jordan’S Political Public Sphere: Understanding The Youth’S Awareness And Perceptions Of The Constitutional Reforms In The Post-Arab Spring Era, Krista Vendetti

Independent Study Project (ISP) Collection

This study evaluates Jordanian youth’s awareness and perceptions of the constitutional amendments of 2011 and explores the youth’s main sources of political news. I hypothesized that a majority of young Jordanians are largely uninformed about the amendments and expected that the main source of news for most young Jordanians were official media sources. My research data consists of survey responses, given by 65 students from the University of Jordan, as well as five interviews with young Jordanians. My findings proved that the Jordanian youth has a low level of awareness about the recent political reforms, and the main news sources …

Community-Engaged Decision Support For Foreclosed Housing Acquisition And Redevelopment In Boston, Michael P. Johnson Jr.

Public Policy and Public Affairs Faculty Publication Series

This project develops decision tools and analytical methods to help non‐profit community development corporations (CDCs) acquire and redevelop foreclosed housing for neighborhood stabilization and revitalization. Interviews and direct observations at partner CDCs have helped us identify current practices, data and requirements for our decision models. Problem‐structuring methods through CDC focus groups have generated core operational and organizational objectives. Spreadsheet‐ and optimization based decision models generate policy and operational alternatives that address multiple resident and community outcomes. Our research will support efficient responses to the recent foreclosure crisis, especially in distressed neighborhoods, and suggest policy implications at local and national levels.

Where Are The Jobs? Employment Stagnation After The Great Recession, Gary Burtless

Brookings Scholar Lecture Series

The Great Recession of 2008-2009 was the worst economic downturn since the Great Depression. Unlike most other recessions in the post-war era, however, the recovery has brought back only a small fraction of the almost 9 million jobs lost in the downturn. Gary Burtless will explain the puzzling absence of an employment rebound in his talk. Why has the rebound been so slow? What can we do to speed it up?

Incorporating Lower Mississippi River Port Assets Into Emergency Preparedness And Response Initiatives, James R. Amdal, Jay Jayawardana, Stanley L. Swigart

UNOTI Publications

The Lower Mississippi River (LMR) and its 5 deep water ports represent a significant national asset as well as a critical portion of a major transportation corridor from the heartland of the country to the Gulf of Mexico. The lower portion of the Mississippi River is particularly subject to major disruptions caused by both manmade and natural disasters. In light of recent events of national significance (Hurricane Katrina of 2005 and the Deepwater Horizon Oil Spill of 2010) researchers at UNOTI questioned: 1) what assets at the LMR ports are available to respond to these events; 2) what agreements either …