Public Policy Commons^™

The 2016 Election: Women In The Massachusetts Legislature, Center For Women In Politics And Public Policy, University Of Massachusetts Boston

Publications from the Center for Women in Politics and Public Policy

This Fact Sheet offers an analysis of female representation in the Massachusetts Legislature, as of the 2016 Election.

Policy Snapshot: Current State Efforts, Action, And Progress On Key Issues,, Center For Women In Politics And Public Policy, University Of Massachusetts Boston

Publications from the Center for Women in Politics and Public Policy

Policy Snapshot created for the New England Women's Police Conference 2016: Ensuring Economic Equality for All Women and Their Families.

Normalization Policies With Cuba: Implications For Political And Economic Reform, Ramona N. Khan

Dissertations, Theses, and Capstone Projects

For longer than the past half century, the relationship between the United States and Cuba has been one of antagonism, mistrust, betrayal, hostility and defiance. Decades of mutual hostility arising from Cuba’s post revolution adoption of an economic system that emulated that of the Soviet Union, along with the long history of U.S. interference in Cuba’s domestic and international affairs that predated the Castro revolution and continued afterward, have resulted in this rancorous relationship. Cuba’s move to communism shortly after the Castro regime came to power was regarded as a threat to both democracy and capitalism by the United States, …

America’S Legendary Ignorance About Africa Persists, Julius A. Amin

Julius A. Amin

In an increasingly interconnected and technological global environment, ignorance of Africa is no longer acceptable. This, especially from major political leaders. Yet, examples of such ignorance are evident in the current American presidential campaign. Neither the Republican nominee Donald J. Trump nor the democratic nominee Hillary R. Clinton has articulated any concrete vision for an African policy.

America’S Legendary Ignorance About Africa Persists, Julius A. Amin

History Faculty Publications

In an increasingly interconnected and technological global environment, ignorance of Africa is no longer acceptable. This, especially from major political leaders. Yet, examples of such ignorance are evident in the current American presidential campaign. Neither the Republican nominee Donald J. Trump nor the democratic nominee Hillary R. Clinton has articulated any concrete vision for an African policy.

The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of …

Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang

Sean Farhang

The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to retrench …

Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang

Sean Farhang

In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for …

How The City Of Indianapolis Came To Have African American Policemen And Firemen 80 Years Before The Modern Civil Rights Movement., Leon E. Bates

Electronic Theses and Dissertations

This study explores a series of events that occurred in the spring of 1876. The relationship between the Indianapolis city government, the Marion County Courts, the Indianapolis Police Department, and the African American community came together to usher in changes never before envisioned. The Indianapolis Police Department (IPD) was formed in 1855, then disbanded 12 months later in a political dispute. From 1857-to-1876, the IPD was all white. These changes took place as the Reconstruction era was coming to a close. The first Ku Klux Klan was at its apex, terrorizing black communities, and Jim Crow was coming into its …

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government’s right to engage …

The Bounds Of Executive Discretion In The Regulatory State, Cary Coglianese, Christopher S. Yoo

All Faculty Scholarship

What are the proper bounds of executive discretion in the regulatory state, especially over administrative decisions not to take enforcement actions? This question, which, just by asking it, would seem to cast into some doubt the seemingly absolute discretion the executive branch has until now been thought to possess, has become the focal point of the latest debate to emerge over the U.S. Constitution’s separation of powers. That ever‐growing, heated debate is what motivated more than two dozen distinguished scholars to gather for a two‐day conference held late last year at the University of Pennsylvania Law School, a conference organized …

Exchange Patterns And Relations In Collaborative Governance., Charles Wharton Kaye-Essien

Electronic Theses and Dissertations

Collaborative governance has received considerable attention in recent years. From environmental resource management to public safety, collaborative governance continues to play a vital role in regional problem solving. In spite of this increasing popularity previous attempts to model the political, economic, and demographic determinants of collaboration have in most cases produced inconsistent results, thereby undermining the ability to generalize from such findings. Additionally, our understanding of the relational patterns that emanate from collaborative agreements remains fairly rudimentary. The main objective of this research is to address some of the gaps in the literature and improve our understanding of collaborative governance …

Islam Vs. The World, Brooks M. Fiedler

Op-Ed Pieces

Op Eds, or opinion editorials, are typically published in daily newspapers and can raise awareness about a particular topic or aim to persuade others. For this project each student wrote an op-ed in which they presented their opinion or thoughts about the issue of islamophobic discourse coming from Republican candidates, especially Donald Trump.

Inquiry Into The Implementation Of Bush’S Executive Order 13211 And The Impact On Environmental And Public Health Regulation, Elizabeth Ann Glass Geltman, Gunwant Gill, Miriam Jovanovic

Publications and Research

Executive Order 13211, promulgated in 2001, requires the federal government to consider the impact of federal action on energy independence as part of the George W. Bush’s National Energy Policy. This law review examines whether EO 13211 was used to curtail environmental protection and natural resource conservation. The article begins with a review of the procedure required of federal agencies under EO 13211 and its associated documents. The paper then examines case law and published federal rulemaking proceedings and examines how federal agencies apply tests to evaluate the potential energy effect. The study concludes that EO 13211 strikes a reasonable …

"Chinese Military Space Power: U.S. Department Of Defense Annual Reports, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Following instructions received from the U.S. Congress in the 2000 National Defense Authorization Act, the Department of Defense prepared an annual report on Chinese military power. This report contains classified and unclassif ied editions. Documenting Chinese military space power developments was one of the provisions in this law’s authorizing language. This article will examine how Chinese military space power documents have been described by the Department of Defense during this report's existence through 2015 and detail how members of Congress and Congressional committee hearing witnesses reacted to these developments in Congressional hearing transcripts and in Congressional debate through Fall 2015.

U.S. Congressional Committee Hearings On Korea During The 113th Congress 2013-2014: Overseeing Multifaceted Aspects Of Washington's Peninsular Interests, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Numerous U.S. government agencies are involved in developing and implementing U.S. policy toward Korean Peninsula events, trends, and developments. Those studying U.S. government policies toward this region need to pay particular attention to the role played by U.S. Congressional committees in this policymaking. Congressional committees are responsible for approving new legislation, revising existing legislation, funding U.S. government programs and conducting oversight of these programs. This work examines Congressional committee hearings and debate during the 113th Congress (2013–2014) and reveals that multiple Congressional committees with varying jurisdictions seek to shape U.S. government Korean Peninsula policy and that this policymaking covers more …

“Spooky Action At A Distance”: Intangible Injury In Fact In The Information Age, Seth F. Kreimer

All Faculty Scholarship

Two decades after Justice Douglas coined “injury in fact” as the token of admission to federal court under Article III, Justice Scalia sealed it into the constitutional canon in Lujan v. Defenders of Wildlife. In the two decades since Lujan, Justice Scalia has thrown increasingly pointed barbs at the permissive standing doctrine of the Warren Court, maintaining it is founded on impermissible recognition of “Psychic Injury.” Justice Scalia and his acolytes take the position that Article III requires a tough minded, common sense and practical approach. Injuries in fact must be "tangible" "direct" "concrete" "de facto" realities in time and …

Public Policy In The 2016 Election, Trevor J. Rogers

Op-Ed Pieces

Op Eds, or opinion editorials, are typically published in daily newspapers and can raise awareness about a particular topic or aim to persuade others. For this project each student wrote an op-ed in which they presented their opinion or thoughts about the issue of islamophobic discourse coming from Republican candidates, especially Donald Trump.

Elections, Ideology, And Turnover In The U.S. Federal Government, Alexander D. Bolton, John De Figueiredo, David E. Lewis

Faculty Scholarship

A defining feature of public sector employment is the regular change in elected leadership. Yet, we know little about how elections influence public sector careers. We describe how elections alter policy outputs and disrupt the influence of civil servants over agency decisions. These changes shape the career choices of employees motivated by policy, influence, and wages. Using new Office of Personnel Management data on the careers of millions of federal employees between 1988 and 2011, we evaluate how elections influence employee turnover decisions. We find that presidential elections increase departure rates of career senior employees, particularly in agencies with divergent …

Applying A Positive Theory Of Organizations: A Closer Examination Of State Environmental Protection Agencies, Emily Bedwell

Theses and Dissertations--Public Policy and Administration

Why do American states organize as they do for environmental protection? According to Moe (1990), “a positive theory of organizations has two goals: 1) explain where institutions come from and why they take the forms they do, and 2) understand their effects for political and social behavior.” This paper will examine Moe’s question in terms of state environmental agencies: What influences state adoption of a comprehensive environmental structure? To address this question, I develop a theory of state adoption of organizational structure drawing on organizational theories of public organizations. The latest comprehensive examination of state agency structure in the literature …

What's Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas

All Faculty Scholarship

Equality in criminal sentencing often translates into equalizing outcomes and stamping out variations, whether race-based, geographic, or random. This approach conflates the concept of equality with one contestable conception focused on outputs and numbers, not inputs and processes. Racial equality is crucial, but a concern with eliminating racism has hypertrophied well beyond race. Equalizing outcomes seems appealing as a neutral way to dodge contentious substantive policy debates about the purposes of punishment. But it actually privileges deterrence and incapacitation over rehabilitation, subjective elements of retribution, and procedural justice, and it provides little normative guidance for punishment. It also has unintended …

The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang

All Faculty Scholarship

This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of …

Assessing The Theory Of Demographics As Destiny & Patterns Of Bloc Voting In The United States, Nathan Benjamin Susman

Senior Projects Spring 2016

By 2044, it is predicted that America will be a majority-minority country-- that is, a plurality of minorities will begin to outnumber white people. Some suggest that this demographic trend suggests the demise of the Republican party, thanks to their historical paucity of support amongst minority communities. This has been deemed the "Demographics as Destiny" theory. This paper argues that the theory of "Demographics as Destiny is based on four assumptions:

1) that the population of minority communities will continue to grow by leaps and bounds;

2) that minorities will soon register to vote and cast ballots in proportion to …

The Judicial Role In Constraining Presidential Nonenforcement Discretion: The Virtues Of An Apa Approach, Daniel E. Walters

All Faculty Scholarship

Scholars, lawyers, and, indeed, the public at large increasingly worry about what purposive presidential inaction in enforcing statutory programs means for the rule of law and how such discretionary inaction can fit within a constitutional structure that compels Presidents to “take Care that the Laws be faithfully executed." Yet those who have recognized the problem have been hesitant to assign a role for the court in policing the constitutional limits they articulate, mostly because of the strain on judicial capacity that any formulation of Take Care Clause review would cause. In this Article, I argue that courts still can and …

Agenda-Setting In The Regulatory State: Theory And Evidence, Cary Coglianese, Daniel E. Walters

All Faculty Scholarship

Government officials who run administrative agencies must make countless decisions every day about what issues and work to prioritize. These agenda-setting decisions hold enormous implications for the shape of law and public policy, but they have received remarkably little attention by either administrative law scholars or social scientists who study the bureaucracy. Existing research offers few insights about the institutions, norms, and inputs that shape and constrain agency discretion over their agendas or about the strategies that officials employ in choosing to elevate certain issues while putting others on the back burner. In this article, we advance the study of …

Repeating History: The Ineffectiveness Of The 1973 War Powers Resolution, Kaitlyn N. Schiess

Senior Honors Theses

Reluctant students often criticize the study of history as irrelevant to the present day.

In the case of one important and controversial piece of legislation, nothing could be farther from the truth. The 1973 War Powers Resolution (WPR), which places limits on presidential power to deploy troops in combat situations, has ample application to the political functioning of the United States today. Thus, investigating and studying the resolution remains relevant and important today. The WPR became law in 1973, overcoming a predictable veto by President Nixon. The legislation has consistently been a flashpoint for political controversy – eliciting criticism by …