Public Affairs, Public Policy and Public Administration Commons^™

Politics And The Criminal Enforcement Of Superfund, Joshua Ozymy, Melissa Jarrell Ozymy

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Need For Additional Landslide Regulation: Examining Flooding Through A Case Study, Kristen Gartner

William & Mary Environmental Law and Policy Review

Natural disasters are increasing at an alarming rate. As of this writing, the top five deadliest disasters occurred after 1970, and the top five most economically devastating occurred in the years since 2005, with three of them occurring in 2017. These increasing storms are exacerbated by the worsening of climate change and global warming. The problem will continue to increase if federal and state governments fail to properly regulate and prepare for these natural disasters. This Note will specifically discuss the regulation and prevention of landslides by comparing them to the regulation of flooding. Other examples of natural disaster regulation …

Stress And Wellness Among Correctional Officers In The State Of Oregon, Dewayne Hendrix

Walden Dissertations and Doctoral Studies

It remained unknown if the effects of the employee wellness policy implemented in Oregon in 2018 were reducing stress and improving the health of correctional officers which if it does may benefit the local communities to help enhance social stability. The purpose of this study was to explore the effects of the employee wellness policy, as implemented in the state of Oregon in 2018, in reducing stress and improving the health of correctional officers. This study was guided by the perceived organizational support theory, which holds that employees develop existential views about how much their employer values their contributions and …

Juvenile Delinquency: The Effectiveness Of The Juvenile Direct File Law, Kimberlee Nicole Taggart

Walden Dissertations and Doctoral Studies

The juvenile direct file law stands firm among Florida laws despite lacking research to show its effectiveness in the prevention of juvenile delinquency. In Florida, juvenile delinquency and the juvenile direct file law cause significant concern due to the uncertainty surrounding the law. The Florida juvenile justice system fosters a vital position in the lives of many children, young adults, and families. Florida’s direct file law has a negative impact on the health, mental health, education, and brain development of juveniles and their ability to separate from a criminal lifestyle. Identifying the direct file law’s effects on the future of …

How The “Black Criminal” Stereotype Shapes Black People’S Psychological Experience Of Policing: Evidence Of Stereotype Threat And Remaining Questions, Cynthia J. Najdowski

Psychology Faculty Scholarship

Cultural stereotypes that link Black race to crime in the U.S. originated in and are perpetuated by policies that result in the disproportionate criminalization and punishment of Black people. The scientific record is replete with evidence that these stereotypes impact perceivers’ perceptions, information processing, and decision-making in ways that produce more negative criminal legal outcomes for Black people than White people. However, relatively scant attention has been paid to understanding how situations that present a risk of being evaluated through the lens of crime-related stereotypes also directly affect Black people. In this article, I consider one situation in particular: encounters …

The Market For Corporate Criminals, Andrew K. Jennings

Faculty Articles

This Article identifies problems and opportunities at the intersection of mergers and acquisitions (M&A) and corporate crime and compliance. In M&A, criminal successor liability is of particular importance, because it is quantitatively less predictable and qualitatively more threatening to buyers than successor liability in tort or contract. Private successor liability requires a buyer to bear bounded economic costs, which can in turn be reallocated to sellers via the contracting process. Criminal successor liability, however, threatens a buyer with non-indemnifiable and potentially ruinous punishment for another firm’s wrongful acts.

This threat may inhibit the marketability of businesses that have criminal exposure, …

Climate Security Insights From The Covid-19 Response, Mark P. Nevitt

Faculty Articles

The climate change crisis and COVID-19 crisis are both complex collective action problems. Neither the coronavirus nor greenhouse gas (GHG) emissions respect political borders. Both impose an opportunity cost that penalizes inaction. They are also increasingly understood as nontraditional, novel security threats. Indeed, COVID-19’s human cost is staggering, with American lives lost vastly exceeding those lost in recent armed conflicts. And climate change is both a threat accelerant and a catalyst for conflict—a characterization reinforced in several climate-security reports. To counter COVID-19, the President embraced martial language, stating that he will employ a “wartime footing” to “defeat the virus.” Perhaps …

Model Legal Processes For Court Ordered Mental Health Treatment - A Modern Approach, Brian D. Shannon

FIU Law Review

The United States Conference of Chief Justices and Conference of State Court Administrators established the National Judicial Task Force to Examine State Courts’ Response to Mental Illness in 2019. As part of its overall efforts, the National Judicial Task Force then partnered with the Equitas Project of Mental Health Colorado to appoint a select workgroup to develop model statutory language for court-ordered mental health treatment, emergency psychiatric intervention, medication over objection, and criminal matters involving persons with mental illness. This Model Legal Processes Workgroup included judges, psychiatrists, medical school professors, law professors, and others whose goal was to draft model …

How A Professional Describes Reasons For Working In And Ultimately Leaving The Foster Care Field In The State Of Missouri: A Case Study, Lauren Williams

Graduate Theses/Dissertations

The foster care field continues to have a high turnover rate of the professionals working in the field. While support and work balance are available for some professionals, many face the challenges of heavy workloads, unrealistic expectations, and health sacrifices that lead to many professionals leaving the field. This case study of one former foster care professional’s description of reasons they worked in the field, and reasons they ultimately left the field provides insight of the challenges and support as a foster care professional. The findings of this study are organized into three major themes including “Challenges for Foster Care …

Environmental Assessment In A Time Of Rapid Change And High Uncertainty: The Addition Of Resilience Assessment To Nepa, Bronson J. Pace, Barbara A. Cosens

William & Mary Environmental Law and Policy Review

This Article turns to ecological resilience theory to understand the behavior of SES [socioecological system] undergoing change. Informed by the emergent and surprising behavior of these complex systems, this Article argues for the option of resilience assessment under NEPA [National Environmental Policy Act] for use in application to climate adaptation measures in the United States. The amendment also provides an alternative approach to pre-project judicial review to ensure legitimacy within a more flexible process.

To this end, Part I addresses why an alternative approach to environmental assessment is needed in the context of climate adaptation by providing an overview of …

The Tide's Coming In: A New Case For Beachfront Property Rights In South Carolina, Alex Boone

William & Mary Environmental Law and Policy Review

Part I of this Note explores the scientific data as it relates to the impending consequences of climate change on South Carolina’s coast and will introduce the disastrous scenarios that are predicted to arise as a result of rising sea levels and the accelerating strength and severity of extreme weather events. Part II compares the effectiveness of various coastal resiliency tools and highlights the regulatory framework that prohibits their use by beachfront property owners. Part III explores the topic of regulatory takings and their indirect prophylactic nature of protecting citizens from regulatory overreach and offers a case for a South …

Disclosing Esg Matters: Advancing Nonfinancial Policy Through The Sec, Anna Bailey

William & Mary Environmental Law and Policy Review

This Note argues that mandatory ESG [environmental, social, and governance] disclosure would be a valuable step in the larger fight against the deleterious effects of climate change. First, standardized disclosure would provide investors a better understanding of the climate risks associated with their investments by increasing the quality of that information supplied. This standardization would be a valuable driver in corporate behavior because mandated disclosure tends to result in shifts in corporate behavior. Previous examples of disclosure for nonfinancial risks, such as disclosure relating to state sponsors of terrorism and use of conflict minerals, illuminate how mandating ESG disclosure will …

The African Century: Renewable Energy Opportunities In Sub-Saharan Africa, Joshua Mackinnon

William & Mary Environmental Law and Policy Review

Even if the world’s developed nations are able to curb their carbon emissions in the coming years, major hurdles will still exist. One such hurdle is fulfilling energy needs in urbanizing areas, like sub-Saharan Africa. Many global regions are urbanizing but none as rapidly as sub- Saharan Africa. The global share of Africa’s urban residents is expected to grow from 11.3% in 2010 to 20.2% by 2050.

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While sub-Saharan African countries have peculiar social and economic characteristics, there are common elements that allow this Note to focus on the region as a whole. This general approach can be adjusted …

Sargassum Systems: A Comparative Analysis Of Policy Responses To The New Caribbean Seaweed Crisis, Leo Jobsis Rossignol

William & Mary Environmental Law and Policy Review

In light of the emerging policy responses to the Caribbean Sargassum crisis, it is crucial that in-depth comparative studies be taken to understand the effectiveness of those policies and their common characteristics. With that resource, policymakers will be able to learn from their neighbors more quickly and reduce the damage done by future Sargassum events, as well as adopt more unified data standards.

The United States has been slow to respond, despite the increasing damage to its Caribbean dependencies, like the U.S. Virgin Islands and Puerto Rico. This Note will show that because this problem is international in scope, the …

The Case Against The Case For Zoning, Michael Lewyn

Scholarly Works

Critiques an article defending zoning. In particular, the article notes that a traditional justification for zoning is that it conserves community character. This argument fails because when people priced out of exclusive neighborhoods move to other areas, they change the character of the receiving area. Similarly, the argument that zoning prevents infrastructure from being overloaded overlooks the fact that if people priced out of one area move to a cheaper area, the latter area's infrastructure is equally burdened. A third argument is that zoning allows local governments to push the costs of growth to developers- but the sluggish growth of …

The Expected Risks And Exacerbations Of Poverty, Mental Health Disorders, And Maternal Mortality From Abortion Bans: A Comparative Literature Analysis, Daniel J. Francisco

All Master's Theses

Background. Early termination of a pregnancy (hereinafter referred to as an “abortion”) has been debated in the United States (U.S.) for decades, without much regard to the negative outcomes that forced pregnancies have for those assigned female at birth regarding poverty, mental health and maternal mortality. In 1973, access to safe abortions was protected so long that the procedure was done within the legal gestational period and/or was necessary for the health and safety of the patient (Blackmun, 1972). Unfortunately, in 2022, the Supreme Court took that protection away and made it legal for states to determine the reproductive rights …

Cuba's Energy Future: Options Based On Renewables And Non-Carbon-Based Sources, Colin Crawford

FIU Law Review

My intention is to research and write on article on Cuba's energy future. Specifically, I plan to consider the options for a sustainable energy future using renewable energy sources and not carbon-dependent sources. This analysis will require both an examination of the island's historical energy challenges as well as consideration of the options for developing a sustainable energy infrastructure with international governmental (e.g. UN, World Bank etc.) and regional governmental (e.g. EU) support- an analysis that will also require consideration of the island nation's socialist political system and its willingness to engage internationally. The topic is one, clearly, with implications …

Juvenile Delinquency: The Effectiveness Of The Juvenile Direct File Law, Kimberlee Nicole Taggart

Walden Dissertations and Doctoral Studies

The juvenile direct file law stands firm among Florida laws despite lacking research to show its effectiveness in the prevention of juvenile delinquency. In Florida, juvenile delinquency and the juvenile direct file law cause significant concern due to the uncertainty surrounding the law. The Florida juvenile justice system fosters a vital position in the lives of many children, young adults, and families. Florida’s direct file law has a negative impact on the health, mental health, education, and brain development of juveniles and their ability to separate from a criminal lifestyle. Identifying the direct file law’s effects on the future of …

Barriers To The Successful Implementation Of Laws In Saint Lucia, Confia Samantha Jn Paul-Samuel

Walden Dissertations and Doctoral Studies

AbstractSaint Lucia experiences barriers to successfully implementing some of its enacted laws. As a developing country, when legislative efforts are hampered, the law enactment process is negatively impacted. The purpose of this qualitative study was to understand the potential barriers to the successful implementation of laws in Saint Lucia by examining any effective emerging practices to develop new and innovative approaches and methods in addressing the various issues involved. The conceptual framework for this study comprised parliamentary engagement, public participation and policy making in the law enactment process in similar parliamentary jurisdictions. The research questions focused on understanding the potential …

Space Debris Mitigation: A Unified Policy Framework, Forrest Randall Jones

Walden Dissertations and Doctoral Studies

Space debris is a growing problem that impacts the ability to maneuver and conduct space missions, creates hazards for people on Earth, and has the potential for severe environmental damage. Clean-up efforts are not viable in the modern era due to a lack of viable, affordable, and safe technology conducive to such lines of effort. This leaves mitigative and preventative policy measures as the most effective way to proffer a solution to the problem. Public policy has largely failed to address space debris mitigation effectively due to the fragmentation of policies standards and a lack of horizontal integration of policies …

Exploring Jury Nullification: Its Political History, Current, And Potential Impact On Policy, David Harold Penny

Walden Dissertations and Doctoral Studies

Jury nullification (JN) is when a jury knows a defendant is legally guilty, but states they are not guilty, believing that their verdict better serves justice in that case. The problem is the violation of the Constitution’s equal protection clause for all citizens, caused by the intentional omission in most judges’ instructions to juries of JN. The purpose of the study was to fill the gap in the literature on jury behavior and address the problem of JN. The study framework is chaos theory as applied by Horowitz to jury behavior. It describes judges and lawmakers mistrust of juries associated …

The Rome Statute And Its Significance In Combatting Impunity For Rape In Ethiopia, Kassahun Yibeltal Sahilu

Walden Dissertations and Doctoral Studies

The goal of ending impunity for atrocity crimes including rape is globally appreciated and accepted with little reservation; however, the actual relevance to the domestic situation in Ethiopia has not been previously explored. The purpose of this study was to examine the role of the Rome Statute, a treaty on atrocity crimes, in combating impunity for perpetrators of rape in Ethiopia in light of Feminist Theory and Domestic Politics of Theory of Treaty Compliance. The research explored the significance of the treaty considering the actual condition of the country by conducting semi-structured group and personal interviews with two lawyers working …

Justice That Heals: Transforming Discipline In Schools Through Restorative Practices, Sophia Diomande

CMC Senior Theses

Discipline is not simply a tool but a weapon — one that American educators have wielded for generations to regulate children and enforce habits of self-control and accountability. In a world where institutionalized forms of discrimination continue to plague judicial and educational systems alike, vis-à-vis the school-to-prison pipeline, the question must be asked: When does discipline stray beyond its intended purpose and into the realm of punishment? This thesis discusses the historical and contemporary implications of punitive discipline and its effects on students, particularly students of color and disabled students. Retributive policies such as suspensions, expulsions, physical restraint, and seclusions …

Appraising The Devos Tix Rule: Due Process In Campus Adjudication Processes, Athulya Nath

CMC Senior Theses

The increasing awareness and desire to fight sexual violence on college campuses have led to focusing campus adjudication processes on achieving justice. This thesis will analyze Betsy DeVos’s Title IX changes and explore whether she achieves due process protections in the new policy. This thesis will detail DeVos’s various changes – increased evidentiary standard, live hearing and cross-examination, narrowed definitions, reduction of responsible employees, and presumption of innocence for accused students – and how these changes are beneficial or detrimental to due process as a whole. This thesis will also explore the presence of rape culture on college campuses, the …

Extralegal Bias In The United States Military In Sexual Assault Cases, Taylor F. Blackston

College of Graduate Studies: Theses & Dissertations

By evaluating the case recommendations following a preliminary hearing from military sexual assault cases from fiscal years 2016-2018, this study aims to assess whether or not extralegal factors are influencing decisions of case recommendations of assigned convening authorities. Using secondary data from the Department of Defense’s annual reports on sexual assault in the United States military (n=5,171), this study aims to answer the following questions: Do extralegal factors contribute to convening authorities’ recommendations following Article 32 hearings? If so, what extralegal factors contribute to convening authority's decision on non-judicial hearing recommendations? The results of the following analyses identified several extralegal …

Disenfranchisement Laws Affecting Voting Rights Of Black Americans In Mississippi, April Masha Jones

Walden Dissertations and Doctoral Studies

From Black individuals being enslaved and freed to being incarcerated in modern-day society more frequently than White individuals, the desire to have a voice in the decision-making process has been challenging. Black voters in Mississippi may be underrepresented because of felony disenfranchisement laws. The purpose of this general qualitative study was to examine the lived experiences of Black Mississippians about felony disenfranchisement laws and voting rights. The first research question addressed perceptions of Black Americans in Mississippi regarding the felony disenfranchisement laws. The second research question addressed the experiences related to any political implications among the electorate in Mississippi. The …

Low-Income Workers’ Perception Regarding Wage Theft And Barriers To Addressing Prevention In Southeast Florida, Marcia Carvlho-Donaldson

Walden Dissertations and Doctoral Studies

Many low-income workers are vulnerable to becoming victims of wage theft. Studies have shown that even when these workers know their rights, they still face certain obstacles should they complain or report such theft. Extensive research has been conducted at the federal level to establish the impact and consequences of wage theft, but few researchers have examined wage theft at the state and local level in states such as Florida. The experiences and perceptions of low-income worker participants in Southeast Florida were investigated in this phenomenological study, and rational choice theory was the conceptual framework used to investigate this phenomenon. …

Gang Diversion Programs In The Success Of Reducing Youth Gang Membership, Francis Songtiib Laari

Walden Dissertations and Doctoral Studies

AbstractThe rate of youth involvement in gang membership and crime has become a problem in Fairfax County, Virginia. It has increased violent crimes, drug trade, and incarceration rates for youths and decreased child school graduation rates. Youth gang membership is a significant public issue with broad mental and psychological implications for the child, family, and community because of the potential to commit a crime. Early exposure to gangs and violent neighborhoods can profoundly and negatively impact the residents. Researchers have explored why many children join gangs, but none have examined gang diversion programs' success in reducing youth gang membership. In …

Voter Influencing In State Trial Court Judicial Elections In Los Angeles, San Francisco, And Houston, Myanna Dellinger

Dissertations and Theses

This dissertation examines select key factors that influence voter choices in state trial court judicial elections in three large, cosmopolitan counties in California and Texas. These include ballot designations (i.e., professional titles of candidates), “evaluations” of candidates by local bar associations, newspaper endorsements, political party affiliation, and gender. Focus here is on ballot designations and local bar association evaluations; the subjective opinions issued by local bar associations as official-sounding, objective and qualitative evaluations. In turn, local bar associations are private, voluntary associations consisting of fee-paying members and not overseeing state bar associations as many laypeople believe. Judicial elections remain low-information, …

Meeting Clean Energy Goals Will Require The Grid Of The Future, Ken Berlin, Rob Gramlich, Alexandra B. Klass, Josiah Neeley

Articles

The transmission grid is the critical superhighway that connects energy supply and demand. But our grid was designed for the power plants of the past—not for the diverse range of resources and technologies of our clean energy future. Over 70 percent of the nation’s transmission infrastructure is more than 25 years old, and in many areas of the country constraints have already been an impediment to renewable power. To meet greenhouse gas reduction goals, we will need to expand electric transmission systems by 60 percent by 2030 and possibly triple the capacity of these systems by 2050. The Infl ation …