Public Affairs, Public Policy and Public Administration Commons^™

Improving The Mental Health Tale In The Criminal Justice System, Meredith Bernal

Helm's School of Government Conference - 2021-2024

No abstract provided.

Deterioration Of The Tenth Amendment: Why Federalism’S Hierarchy Must Be Restored, Giana Depaul

Helm's School of Government Conference - 2021-2024

No abstract provided.

The Torch (Spring 2022), Crtp

Torch: The Civil Rights Team Project Newsletter

The Maine Office of the Attorney General administers the Civil Rights Team Project (CRTP). The CRTP’s mission is to increase the safety of elementary, middle school, and high school students by reducing bias-motivated behaviors and harassment in our schools. CRTP accomplishes this by supporting student civil rights teams in Maine schools. The CRTP and student teams are active in engaging school communities in thinking and talking about issues related to:

• Race and skin color
• National origin and ancestry
• Religion
• Disabilities
• Gender (including gender identify and expression)
• Sexual orientation

The Attorney General’s Office created the CRTP in 1996 as a pilot …

La Crisis Carcelaria En El Ecuador: Las Causas, Manifestaciones Y Algunas Recomendaciones, Ava Lausch

Independent Study Project (ISP) Collection

Esta monografía trata de la crisis carcelaria en Ecuador. Empieza con las causas multidimensionales de la crisis y las maneras en cómo se manifiesta. La próxima sección explica la narrativa del gobierno versus lo que realmente está haciendo y la política pública relacionada con el sistema penitenciario. La tercera sección tiene que ver con soluciones y recomendaciones por la crisis. Finalmente, hay una sección sobre la aplicación e importancia de la justicia restaurativa como una alternativa a la privación de la libertad. Para conseguir la información incluida, realice una revisión de fuentes secundarias e hice entrevistas con los varios funcionarios …

Modernizing The Birds And The Bees: New Standards For Sexual Education, Ashley Whetten, Katie Whitehead

Brigham Young University Prelaw Review

Conversations surrounding sexual education usually revolve around comprehensive sexual education curricula and abstinence-only until marriage curricula. These conversations and the federal funding budgets that developed from these programs prevent innovation and modernization of sexual education programs. Furthermore, research has demonstrated major flaws in both curricula. This paper does not argue for one approach to sexual education over another; instead, the proposals in this paper aim to bridge long-standing disputes on sexual education by creating a new standard of sexual education that also addresses the major downfalls of both current curricula. In order to qualify for funding the program would require …

Social Security Benefits Continue To Fall Short Of Covering Cost Of Basic Needs For Older Americans, 2021, Jan Mutchler, Nidya Velasco Roldán

Center for Social and Demographic Research on Aging Publications

Social Security benefits fall short of what is required to cover the basic cost of living across the United States, according to new estimates based on the Elder Index, a county-by-county measure of the income older adults need to secure an independent lifestyle. Nationally, the average Social Security benefit covers just 68% of basic living expenses of housing, food, transportation, and health care for a single renter in 2021, and 81% for an older couple. The gap between Social Security benefits and what it takes to get by is especially problematic for older adults who rely largely or entirely on …

Expanding Renewable Energy Tax Credits To Tribal Governments: How Current Legislative Proposals Will Benefit Tribes And Their Members In Their Continued Efforts To Address Climate Change, Ben Reiter

William & Mary Environmental Law and Policy Review

Part I of this Article will review the history of renewable energy tax credits in this country and how they have played such a prominent role in the United States’ efforts to address climate change. Part II of this Article will describe BBBA’s [Build Back Better Act] proposal to broaden the scope of entities— including Tribes—that can take advantage of renewable energy tax credits. Finally, Part III of this Article will argue that Tribes are uniquely positioned to take advantage of BBBA’s renewable energy tax credit direct pay proposal based on their demonstrated leadership in combating climate change, the significant …

Racism And Toxic Burden In Rural Dixie, Mary Finley-Brook, Environmental Justice Researchers

William & Mary Environmental Law and Policy Review

Rural pollution hotspots receive inadequate attention during impact assessments: low population density is strategically used to suggest rural areas lack critical importance. Local resistance led to a legal victory for Union Hill, Virginia, where a door-to-door household study of demographics and family heritage exposed data inequities and biases in state practices, establishing a precedent for attention to environmental injustice and disproportionate cumulative impacts on rural majority Black communities. Critical legal geographies of cases from Buckingham, Pittsylvania, and Charles City Counties in the Commonwealth of Virginia document patterns in the ways fossil fuel ‘sacrifice zones’ intersect with historic colonialism in rural …

Quality Control: Potomac Riverkeeper V. Wheeler & Standards For Qualitative Citizen Water Quality Data In Virginia, Jacqueline Goodrum

William & Mary Environmental Law and Policy Review

This Article explores the issue of quality of citizen data through the lens of Potomac Riverkeeper v. Wheeler, a recent impaired waters listing case concerning the Shenandoah River in Virginia. Part I of this Article provides a brief overview of citizen science data in regulation and policymaking under the CWA. Part II discusses Potomac Riverkeeper v. Wheeler, examining Virginia’s water quality-related data standards and DEQ’s use (and non-use) of citizen water quality-related data and information in that case. Finally, Part III argues that Virginia should establish clear, reasonable, and specific data quality standards for qualitative citizen data so …

Stuck In The Net: Promoting Global Shark And Ray Populations Through National Sustainability Import Laws, Kelsey Peden

William & Mary Environmental Law and Policy Review

Shark and ray populations are crucial to a healthy oceanic ecosystem, but regulation of harm is difficult to manage for these highly migratory species. The massive decline of shark and ray populations has triggered an international response, including collaborative protections against the overharvest and sale of endangered groups. However, recent studies show that protections must extend past direct harvest because an estimated thirty to fifty percent of population kills occur through “accidental by-catch” in the fishing process. The United States has attempted to fill some of the missing protections for sharks in national waters, as well as to implement bans …

Incidental Take Under The Migratory Bird Treaty Act And How To Share The Skies, Erika Bosack

William & Mary Environmental Law and Policy Review

This Note will focus on one piece of legislation that can protect birds from wind turbines: the Migratory Bird Treaty Act of 1918 (“MBTA” or “the Act”). The MBTA makes it illegal to hunt, kill, capture, import, export, sell, buy, pursue, possess, transport, or take a bird on the list of protected species, which covers hundreds of types of birds as well as their nests and eggs. The law forbids these acts in any manner, by any means, and at any time. The text itself does not explicitly state whether intentional and unintentional acts should both carry liability, which has …

In-Lieu Fee Program Case Studies: Lessons Learned For Potentially Expanding In-Lieu Fee Habitat Coverage In Virginia, Erika Bosack, Luke Miller

Virginia Coastal Policy Center

This white paper contains case studies of coastal ILF [in-lieu fee] programs across the United States: Maine Natural Resources Conservation Program (“MNRCP”), Northwest Florida Water Management District (“NWFWMD”) ILF Program, Keys Restoration Fund (“KRF”), Sacramento District California ILF Program, Maryland Department of the Environment ILF Program, and Virginia Aquatic Resources Trust Fund (“VARTF”). The Conclusion will provide general recommendations and questions to consider in deciding whether and how to implement an in-lieu fee program for wildlife habitats in Virginia. Each program has a unique regulatory structure and method for selecting projects on which to spend their funds. The programs do …

Abandoned And Derelict Vessels In The Commonwealth: How To Improve Virginia's Adv Program, Anthony Cusato

Virginia Coastal Policy Center

Vessels abandoned or lost by their owners can get stuck on a shoreline or in a marsh, aimlessly float adrift, or sink in a waterway. As the number of ADVs [abandoned and derelict vessels] increases, efforts to address them similarly intensify. Typically, state government agencies handle most ADVs, and their approaches to ADV control and removal vary widely across jurisdictions. Virginia faces an increasing number of ADVs and can learn from other states to improve its approach. This paper examines the current Virginia ADV program and considers how it can be amended to make it more effective. It then identifies …

Tribal Resilience And Community Plans: A Primer For Tribal Communities Looking To Create Their Own, Karly Newcomb

Virginia Coastal Policy Center

This paper serves as an overview of various Tribal resilience plans across the nation and community planning efforts in Virginia. Although each plan is particularly detailed to address one locality’s specified areas of concern, the plans are fully adaptable to meet any community’s particular needs. Additionally, the paper includes a synthesis of commonalities that these plans share with the goal of providing an overview of resilience plan options and strategies that can be used as a framework for Tribal communities looking to create their own plans.

This abstract has been taken from the author's introduction.

Tribal Communities And State And Local Governments: Existing Relationships, Mikayla Mangle

Virginia Coastal Policy Center

Tribal and state/local governments have maintained a unique and crucial relationship throughout the United States’ history. Today, state and federally recognized Tribes sometimes face obstacles when attempting to implement projects due to state or local government opposition and vice versa. Federally recognized Tribes are sovereign, self-governing entities on equal footing with state governments. State recognized tribes, on the other hand, may not be equal to state governments, depending on the state laws regarding tribal state recognition. State recognized tribes do not have the same benefits as federally recognized tribes in that the tribe’s status is recognized by the state but …

A Study Of Tribal Communication Frameworks: Some Approaches To Building Partnerships Between Tribal, State, And Local Governments In Virginia, Karly Newcomb, Abigail Sisti

Virginia Coastal Policy Center

This paper discusses options the Commonwealth could consider when evaluating decision-making processes that affect tribes in Virginia, with the goal of improving communication and collaboration between tribal, state, and local governments; and will highlight key case studies from other states and localities that provide precedents. The following options are based on a framework of free, prior, and informed consent, which emphasizes self-determination and an individual right to pursue economic, social, and cultural development. This framework can be applied to decision making and projects for any topic. Moving forward, government-to-government communication will be key to developing solutions to pressing issues such …

Protecting Terrapins With Teds In Virginia: Lessons From Other States, Bridget Verrekia, Shelby Fuchs

Virginia Coastal Policy Center

This paper highlights case studies about other states' efforts to require or incentivize the use of TEDs [terrapin excluder devices] and recommends policies for Virginia to adopt that have proven successful elsewhere. First, it outlines the threats to terrapins at large, as well as the threat posed by commercial and recreational crabbing, specifically. Next, it details the efforts that other East Coast states have made to combat the problem, including policies that require or incentivize the use of TEDs on crab pots, and discusses the regulatory framework currently in place in Virginia. Finally, this paper concludes by analyzing the approaches …

Whither Rationality?, Shi-Ling Hsu

Michigan Law Review

A Review of Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. By Michael A. Livermore and Richard L. Revesz.

The Future Of Multinational Accountability Within The Environmental Policy Nexus, Lauren Beasley

Independent Study Project (ISP) Collection

The purpose of this paper is to examine current international environmental policy shortcomings regarding multinational accountability, explore future legally binding options, and offer a resolution towards effective accountability mechanisms. To do so, it uses a two-part methodology composed of a comprehensive engagement with existing secondary sources from the academic literature and four interviews with experts in the field. The paper builds out considerations in seven key areas for normative consideration regarding the future of legally binding environmental policy. These considerations are hard law considerations in: International Law, International Human rights law, International Humanitarian Law, and International Environmental Law and procedural …

Gimme Shelter: Amending Fema's Enabling Legislation To Permit Citizen Suits For Failures In Disaster Recovery Efforts, Zachary R.M. Outzen

William & Mary Environmental Law and Policy Review

This Note argues that democratizing the disaster relief process through enabling citizen suits against FEMA to timely deliver housing relief assistance is one potential solution to the immense problem at hand. This Note provides an overview of FEMA’s obligations to survivors of natural disasters under both federal law and evolving interpretations of binding international law. This Note asserts that FEMA’s repeated failure to deliver necessary disaster relief aid to these survivors constitutes violations of these obligations. This Note will then assert that the issue underlying these failures (i.e., flawed administrative and bureaucratic processes) is analogous to similar failures by environmental …

Informal Governance Of The United States, Edward Lee

Brigham Young University Journal of Public Law

No abstract provided.

Restrictions Of Human Rights On The Basis Of Public Welfare, Thomas Makoto Naruse

Japanese Society and Culture

One of the basic principles of Japanese Constitution is respect for human rights. However, the Constitution stipulates “public welfare” in 4 Articles, and recognizes restrictions on human rights. From its text, it appears that human rights restrictions are widely recognized. The debate over public welfare has gone through several stages, and understanding has changed. The aim of this article is to introduce the meaning of “public welfare” in Japanese Constitution, and how it works. After introducing the flow of the theory, this article will examine how it functions as a basis for restrictions on human rights.

Vedantic Basis And Praxis Of The Integral Advaita Of Sri Aurobindo, Debashish Banerji

Monsoon: South Asian Studies Association Journal

The integral nondualism of Sri Aurobindo can be traced to the great pronouncements (mahāvākya) of the Upanishads and later commentaries. This study examines teachings on the Supermind (vijñāna) and the other four kinds of consciousness that define human reality: Matter (annaṃ), Life (prāṇaḥ), Mind (manaḥ), and Bliss (ānanda). Through Yoga and Tantra, one learns and embodies the pathway to the divine.

Digital And Spatial Humanities Mapping: Eurasia-Pacific Early Trade And Belief Linkages, Igor Sitnikov, David Blundell

Monsoon: South Asian Studies Association Journal

The Eurasia-Pacific is a dynamic region of rapid economic growth, cultural awareness, natural resource exploration, and military buildup. The concept of the region is relatively new, featuring contested vast areas of geo-resource space of numerous cultures and languages. The current findings in anthropology and archaeology and even its more specific subfields such as folklore are important contribution to the understanding of periodic environmental changes and technical innovations were the main forces of transformations in social structures that have determined the mechanisms and levels of cross-cultural trade activity across the region. We have traced early trade and belief linkages across Eurasia-Pacific …

Tusha Hiti: The Origin And Significance Of The Name, Deepak Shimkhada

Monsoon: South Asian Studies Association Journal

In this article, the author examines the royal bath called Tushā Hiti located in Sūndari Chowk (Beautiful Courtyard) of Pātan Durbar Square, using six different methods of investigation. The question: What is in a name? started the ball of investigation rolling and along the way were added more supporting blocks such as history, iconography, function and purpose, notion of purity and impurity, and finally the hiti in popular culture to get a complete picture of the subject in question.

Diversity, Equity, And Inclusion: Perspectives From Contemporary India And 6th Century Jain Yoga, Christopher Key Chapple

Monsoon: South Asian Studies Association Journal

Times New Roman

Ganges In Indian Sculpture And Literature: Mythology And Personification, Nalini Rao

Monsoon: South Asian Studies Association Journal

The river Ganges is a symbol of wealth, purity and eternity, and its sacred waters have inspired sages, philosophers, and artists in India who have immortalized its divine imagery. However, it has rarely been understood from a historical point of view, as to how it became so sacred and to view it from a multi-dimensional and interdisciplinary perspective with an accumulation of layers of historical thought and practices, provides a rationale for the living practices around the river. The paper explores the evolution of the concept of sacredness and eternity of River Ganges through art- historical and archaeological evidence. It …

Review Essay: A Contribution To The Debates About Law, Non-Violence, And The Struggle For Democracy, Walter J. Kendall Lll

The Journal of Social Encounters

No abstract provided.

The 1676 Project: Black And White Together In The U.S.A., Danny Duncan Collum

The Journal of Social Encounters

America’s post-George Floyd racial reckoning has brought a new focus on the country’s history of enslavement, segregation and systemic racism. However, this reckoning has often failed to recognize that the roots of systemic racism lie in the need of the wealthy planters in colonial Virginia to divide the African and English indentured servants who constituted a majority threatening to elite power. Nor do contemporary versions of U.S. history always account for the persistent reoccurrence of class-based interracial movements, such as the late 19^th century Populists, or their promise as a long-term solution to the country’s racial divides.

Civil-Military Relations: Guidelines In Politically Charged Societies, Patrick Paterson

The US Army War College Quarterly: Parameters

Current events warrant a review of US civil-military relations doctrine. This article examines eight principles of military subordination to elected civilian officials and addresses the fundamental question at the heart of civil-military relations theory and practice—what options, if any, does the military have when civilian leadership disregards military advice? Examples drawn from US history provide an important framework to understand the complex interrelational dynamics at play.