Public Affairs, Public Policy and Public Administration Commons^™

Bill 13 (The Accepting Schools Act): Ontario Legislation Mandating Support For Lgbt Students In Publicly-Funded Schools, Renato M. Liboro Jr.

Theses and Dissertations (Comprehensive)

Twenty-six key stakeholders from schools in Waterloo Region, Ontario, participated in semi-structured, open-ended interviews for this dissertation. They included students, teachers, school board representatives in administrator and superintendent roles, trustees, and community service providers. This study explored the experiences of lesbian, gay, bisexual, and transgender (LGBT) youth in publicly-funded schools, the effect of those experiences on their mental health and well-being, and the success of strategies, programs, and policies implemented by schools to address LGBT youth issues. It also examined the perspectives of participants on Bill 13, Ontario’s Accepting Schools Act, particularly strengths and weaknesses of the bill in terms …

School-Based Supports For Trans Youth In Ontario, Charlie E. C. Davis

Theses and Dissertations (Comprehensive)

Trans youth are some of the most marginalized youths in schools. In 2012, the Ontario Government passed two legislations, one of which was the Accepting Schools Act, strengthening supports for lesbian, gay, bisexual, transgender, or questioning (LGBTQ) students in schools. The other was Toby’s Act, an amendment to the Ontario Human Rights Code including protection from discrimination on the grounds of gender identity and gender expression. The purpose of this thesis is to examine how these two acts have created a political context supporting trans youth in schools. A comprehensive mixed-methods approach was used to examine provincial trends of trans-specific …

Data Note: State Intellectual And Developmental Disability Agencies' Service Trends, Jean Winsor, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Data Note Series, Institute for Community Inclusion

In FY2013, an estimated 607,959 individuals received day or employment supports from state IDD program agencies. This number grew from 457,405 in FY1999. The estimated number of individuals in integrated employment services increased from 108,680 in FY1999 to 113,271 in FY2013. State investment continues to emphasize facility-based and non-work services, rather than integrated employment services. Figure 1 shows the trends in the percentage of people served in integrated employment and facility-based and non-work settings between FY2004 and FY2013.

Data Note Plus: Federal Data Snapshot Of Puerto Rico On Individuals With Disabilities, Daria Domin, Jean Winsor, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Data Note Series, Institute for Community Inclusion

Prior to 2012, four data projects funded by the Administration on Intellectual and Developmental Disabilities (AIDD)—Access to Integrated Employment, Family and Individual Information Systems Project, Residential Information Systems Project, and the State of the States in Developmental Disabilities—only collected data from the 50 states and the District of Columbia. However, a 2012 Funding Opportunity Announcement (FOA) from AIDD requested that applicable AIDD data projects include the five U.S. Territories (American Samoa, the Commonwealth of the Northern Marianas Islands, Guam, Puerto Rico, and the Virgin Islands) in their data collection and analysis efforts. This Data Note represents an expansion of our …

Statedata: The National Report On Employment Services And Outcomes, 2015, John Butterworth, Frank A. Smith, Jean Winsor, Jaimie Ciulla Timmons, Alberto Migliore, Daria Domin, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This report provides statistics over 25 years from several national datasets that address the status of employment and economic self-sufficiency for individuals with intellectual and developmental disabilities. The authors use abbreviations for both intellectual disability (ID) and intellectual and developmental disabilities (IDD) in this report. We do this because data sources vary in the specific target groups that can be described.

We provide a comprehensive overview that describes national trends in employment for people with IDD, and the appendices provide individual state profiles with data from several sources. These include the ICI’s IDD Agency National Survey of Day and Employment …

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Faculty Publications By Year

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …

Toward Coherent Federal Oversight Of Medicine, Patricia J. Zettler

Faculty Publications By Year

The conventional wisdom in U.S. health law and policy holds that states regulate medical practice – the activities of physicians and other health care professionals – while the federal government regulates medical products. But relying on states as the principal regulators of medical practice has, at times, driven law and policy in directions that are problematic from a public health perspective, as demonstrated by a deadly 2012 outbreak of fungal meningitis that was linked to a state-regulated practice known as drug compounding. This Article argues that the federalism concerns underlying the conventional wisdom are misplaced. It demonstrates that, contrary to …

Procedural Triage, Matthew B. Lawrence

Faculty Articles

Prior scholarship has assumed that the inherent value of a “day in court” is the same for all claimants, so that when procedural resources (like a jury trial or a hearing) are scarce, they should be rationed the same way for all claimants. That is incorrect. This Article shows that the inherent value of a “day in court” can be far greater for some claimants, such as first-time filers, than for others, such as corporate entities and that it can be both desirable and feasible to take this variation into account in doling out scarce procedural protections. In other words, …

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt

Faculty Articles

This Article first outlines the myriad national security threats posed by a changing climate, addressing the President’s and Congress’s powers to plan, study, and invest in climate-resilient infrastructure at military installations that are vulnerable to a rise in sea levels. Second, this Article asserts that climate change will stress and test persistent separation of powers concerns at home and abroad. Specifically, the President has less authority to protect military infrastructure domestically in the face of congressional intransigence, but has comparably greater authority as Commander in Chief to respond to climate-induced events abroad. Third, this Article argues that the threat of …

Equality And Difference - The Restrained State, Martha Albertson Fineman

Faculty Articles

Contemporary American law, culture, and political theory restrain the concept of equality as a tool of social justice. Equality in conjunction with a strong emphasis on personal liberty operates as a mandate for curtailing state action, rather than an aspirational measure of the comparative wellbeing of individuals. As a check on state involvement, our cramped notion of equality limits the state's ability to affirmatively address economic, political, social, and structural inequalities.

As interpreted in modern Supreme Court jurisprudence, the Equal Protection Clause of the U.S. Constitution actually works to restrict the remedial ability of the state. Equality is understood as …

The First Amendment Protection Of Charitable Speech, Joseph Mead

All Maxine Goodman Levin School of Urban Affairs Publications

Although philanthropy ranks among the best of human endeavors, local governments across the country have severely restricted charitable entreaties by organizations and individuals alike, all in the name of eliminating "panhandlers." These laws rely on premises that increasingly conflict with Supreme Court instructions about the freedom of speech. Yet lingering uncertainty about where exactly charitable restrictions fall in First Amendment jurisprudence has encouraged local governments to innovate new statutory formulations to wage war on expressions of poverty in order to "clean up" their cities. This piece examines seven arguments commonly used to justify restrictions on charitable solicitations and finds them …

A Retrospective And Prospective Analysis Of The West African Ebola Virus Disease Epidemic: Robust National Health Systems At The Foundation And An Empowered Who At The Apex, Lawrence O. Gostin, Eric A. Friedman

Georgetown Law Faculty Publications and Other Works

The West African Ebola epidemic is a pivotal moment for the global health system. Just as the depth of the crisis ultimately spurred an unprecedented response, the failures of leadership demand innovative reforms. This analysis offers a template for these reforms, responding to the profound harms posed by fragile national health systems, delays in the international response, deficient resource mobilization, ill-defined responsibilities, and insufficient coordination. The scope of the reforms must address the failures evident in the Ebola response, as well as entrenched weaknesses that enabled the epidemic to reach its heights, transforming the existing inchoate, organically developed global health …

Sexual Assaults Among University Students: Prevention, Support, And Justice, Rebecca B. Reingold, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Sexual assault is common among college-aged women (18 to 25 years), with 1 in 5 reporting having experienced these crimes during their college years. Acute and long-term consequences of sexual assault may include physical trauma, sexually transmitted infections, posttraumatic stress disorder, depression, and substance abuse. Survivors have the option of reporting assaults to the university or to the police, but the goals of these 2 systems—and women’s experiences with them—can be quite different. The criminal justice system’s principal aim is to adjudicate guilt, but the university has the broader purpose of fostering a safe learning environment.

This article explores how …

Expression Is Camouflaged, Nicole Esposito

Government Undergraduate Publications

The freedom of expression in the American military is an ongoing issue, especially concerning the Don’t Ask, Don’t Tell policy, tattoo policy, and freedom of speech. In 1993, the Don’t Ask, Don’t Tell policy affected homosexuals serving in the military by restricting LGBT members from serving our country, resulting in issues that rippled throughout the country. This restriction was repealed in 2010, and controversy concerning the subject is ongoing.

Why Healthy Behavior Is The Hard Choice, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Our society is structured to encourage unhealthy diets and physically inactive lifestyles, which are key risk factors for chronic diseases including diabetes, heart diseases, and cancers. We are bombarded with advertisements for hyperprocessed foods laden with saturated fat, salt, sugar, and refined carbohydrates, “low-fat” foods often contain high amounts of sugar and salt, and parks and recreation spaces are often inaccessible or unsafe.

Four simple ideas - taxes on unhealthy products, product reformulation, improving the informational environment, and increasing healthy food accessibility - could make healthy behaviors the “default” choice for most consumers. First, taxes on unhealthy products, such as …

Analyzing Charges And Payments Received For Discharged Patients At Teaching Hospitals In Relation To Patient Satisfaction And Overall Medicare Charges, Rob Sutter

MPA/MPP/MPFM Capstone Projects

The affordability of healthcare is a major, recurring topic in the media. One of President Obama’s cornerstone policies has been the attempt to make health care affordable. Part of the concern lies in cost differences for similar procedures. The cost for a standardized procedure such as abnormal cardiac dysrhythmia without complication varies greatly between hospitals. The cost difference of a patient getting treated for such an event can be an average of $30,000 depending on which hospital you go to. There is no immediately apparent reason for such a large difference. Another noticeable item is that all the hospitals receive …

Impact Of Intellectual Property Promotion For Small And Medium Sized Enterprises (Smes) In South Korea: An Examination Of Ip Star Program Impact, Jongseok Yoon

MPA/MPP/MPFM Capstone Projects

The creation of new processes and technology - in a word, innovation - is a powerful factor that determine s the progress of economies. The creation of new processes and technology can be accelerated by Intellectual Property Rights (IPRs).

However, many Small and Medium-sized Enterprises (SMEs) do not get the most out of their use of the intellectual property, even though they represent over 90 percent of enterprise s in South Korea. As a result, the Korean Intellectual Property Office (KIPO) has initiated support services for Small and Medium-sized Enterprises.

This study 's main focus is to examine the impact …

The Impacts Of Health Status And Exposure To Environmental Toxins On Children's Grade Point Average In El Paso, Texas, Stephanie Elizabeth Clark

Open Access Theses & Dissertations

Studies in the US have found that both exposure to environmental toxins and children's general health status negatively impact children's academic achievement. This Thesis will be made of up two papers. The first examines the impact of exposure to residential air toxins from a variety of sources on student's academic achievement and the second paper incorporates a measure of children's general health status into the statistical model from the first paper. This Thesis employs National Air Toxics Assessment (NATA) risk estimates from a variety of sources and individual-level data collected through a mail survey of fourth and fifth grade school …

Latina/O High School Students' Standpoint On Environmental Justice In A Border Community: A Phenomenological Study, Cynthia Christina Ontiveros

Open Access Theses & Dissertations

This qualitative research is a transcendental phenomenology seeking to understand Latin@ high school students’ perceptions and standpoints as they participated lessons that addressed border environmental justice issues in an underrepresented, marginalized community. Seven students from Borderland High School, enrolled in a senior level course, Environmental Science, participated in the study which focused on their experiences in an environmental justice air quality thematic unit built around the complex issues surrounding a local refinery, American Smelting and Refining Company (ASARCO). The study analyzed the meaning students made and their standpoints regarding the impact of the factory and its one-hundred year history polluting …

Influences Of Csi Effect, Daubert Ruling, And Nas Report On Forensic Science Practices, Timothy Patrick Scanlan

Walden Dissertations and Doctoral Studies

The media exaggerates the capabilities of crime laboratories while it publicizes the wrongdoings of individual forensic scientists. Such portrayals skew the perspectives of jurors and hinder expert witness testimony. Complicating the problem are separate, but related, phenomena that influence how forensic laboratories conduct casework. These phenomena are Cole and Dioso-Villa's conceptualization of the unrealistic expectations of forensic science created by fictional television, known as the CSI Effect; the Daubert ruling on the admissibility of expert testimony; and some federal policy changes as a result of a National Academy of Sciences (NAS) report that impacted requirements for the daily operation of …

County Demographic Influence On Toxic Chemical Activities Of Chemical-Related Industry In Michigan, Lisa Helen Perricane

Walden Dissertations and Doctoral Studies

There are a large number of chemical facilities that emit toxic chemicals in Michigan, and there is a concern regarding toxic chemical exposure to the residents of Michigan counties. However, it is uncertain whether chemical companies that emit toxic chemicals in Michigan are influenced by county demographic factors in deciding whether to engage in voluntary pollution prevention (P2) activities and whether this decision influences U.S. Environmental Protection Agency's (U.S. EPA) Risk-Screening Environmental Indicators (RSEI) scores. Using Bullard's theory of environmental justice, the purpose of this quantitative study was to determine if there was a correlation between chemical-related industry's voluntary P2 …

California's Foreign Relations, Christopher Gaarder

CMC Senior Theses

Globalization has significantly increased the number of stakeholders in transnational issues in recent decades. The typical list of the new players in global affairs often includes non-state actors like non-governmental organizations, multinational corporations, and international organizations. Sub-national governments, however, have been given relatively little attention even though they, too, have a significant interest and ability to shape the increasing flow of capital, goods, services, people, and ideas that has so profoundly influenced the global political economy in recent decades. California, arguably the most significant among sub-national governments – its economy would be seventh or eighth in the world at $2.2 …

A Better Death In Britain?, Barbara A. Noah

Faculty Scholarship

In the United States, patients and physicians often avoid discussing the inevitability of death and planning for it. As a result, opportunities are missed to make choices that comport with patients’ values and preferences. In the absence of such decisions, the default model is to “err on the side of life,” which often results in overtreatment or inappropriate prolongation of life and avoidable suffering. This Article discusses the United States' end-of-life training and care and Britain’s Liverpool Care Pathway as related to end-of-life care availability, quality, and cost. It further sets forth the argument that while the United States' medical …

Antitrust, Competition Policy, And Inequality, Jonathan B. Baker, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

Economic inequality recently has entered the political discourse in a highly visible way. This political impact is not a surprise. As the U.S. economy has begun to recover from the Great Recession since mid-2009, economic growth has effectively been appropriated by those already well off, leaving the median household less well off. The serious economic, political and moral issues raised by inequality can be addressed through a panoply of public policies including competition policy, the focus of this article. The article describes the channels through which market power contributes to inequality, and sets forth a range of possible antitrust policy …

An O'Neill Institute Briefing Paper: Ebola, The World Health Organization, And Beyond: Toward A Framework For Global Health Security, Lawrence O. Gostin, Eric A. Friedman, Daniel Hougendobler

Georgetown Law Faculty Publications and Other Works

The West African Ebola epidemic has demonstrated that the world remains ill-prepared to respond to infectious disease outbreaks. A host of institutions are now reviewing what went wrong, and new institutions are being considered, including an African Centers for Disease Control and Prevention and World Bank-initiated Pandemic Emergency Facility. The World Health Organization itself failed in one of its core functions by allowing a preventable infectious disease to spiral out of control in the world’s poorest region. The 68th World Health Assembly (WHA), held in May 2015, provided an opportunity for the Organization to reflect on what went wrong and …

The Americans With Disabilities Act At 25: The Highest Expression Of American Values, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Enacted in 1990, the Americans with Disabilities Act (ADA) is a watershed piece of legislation which enshrines in law a social promise of equality and inclusion into all facets of life, while offering an inspiring model that much of the world has come to embrace. This editorial launches JAMA’s theme issue on the 25th anniversary of the ADA by detailing the Act’s history, main provisions, and far-reaching impacts on health, providing a context for the three Original Investigations and six scholarly Viewpoints that make up the theme issue. The editorial begins with a discussion of the ADA’s history, highlighting …

Indonesia Has It Backward: It's Not E-Cigarettes That's The Problem But Smoking, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Indonesia has announced it will be banning e-cigarettes. But that would do nothing to reduce smoking, which should be the main target of those interested in reducing tobacco use deaths and harms. Rather than ban e-cigarettes, it makes more sense to regulate them effectively so that they can serve as a useful anti-smoking tool. The availability of e-cigarettes to smokers can also make much more aggressive anti-smoking strategies more practically and politically viable-–perhaps even paving the way for banning cigarettes, instead.

The Normative Authority Of The World Health Organization, Lawrence O. Gostin, Devi Sridhar, Daniel Hougendobler

Georgetown Law Faculty Publications and Other Works

The World Health Organization (WHO) was born after the devastation of World War II, as a normative agency endowed with unprecedented constitutional powers. But even as it has achieved stunning successes, such as the eradication of smallpox, it has failed to live up to the exalted expectations of the postwar health and human rights movement e exemplified most recently by its inadequate response to the Ebola epidemic. Our aim is to offer innovative ideas for restoring the Organization to its leadership position by exercising its normative authority, even as it faces a crowded and often chaotic global health architecture. Before …

Framing The Question, "Who Governs The Internet?", Robert J. Domanski

Publications and Research

There remains a widespread perception among both the public and elements of academia that the Internet is “ungovernable”. However, this idea, as well as the notion that the Internet has become some type of cyber-libertarian utopia, is wholly inaccurate. Governments may certainly encounter tremendous difficulty in attempting to regulate the Internet, but numerous types of authority have nevertheless become pervasive. So who, then, governs the Internet? This book will contend that the Internet is, in fact, being governed, that it is being governed by specific and identifiable networks of policy actors, and that an argument can be made as to …

The Field Trip, Randy Harritan

Mighty Pen Project Anthology & Archive

A soldier grapples with horrifying events in Vietnam, then comes home to grapple with the effects those events have had on him.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.