Public Policy Commons^™

What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler

All Faculty Scholarship

Major legislative actions during the early part of the 115th Congress have undermined the central argument for regulatory reform measures such as the REINS Act, a bill that would require congressional approval of all new major regulations. Proponents of the REINS Act argue that it would make the federal regulatory system more democratic by shifting responsibility for regulatory decisions away from unelected bureaucrats and toward the people’s representatives in Congress. But separate legislative actions in the opening of the 115th Congress only call this argument into question. Congress’s most significant initiatives during this period — its derailed attempts to repeal …

The Geopolitics Of Rare Earth Elements: Emerging Challenge For U.S. National Security And Economics, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Rare earth elements (REE) contain unique chemical and physical properties such as lanthanum, are found in small concentrations, need extensive precise processes to separate, and are critical components of modern technologies such as laser guidance systems, personal electronics such as IPhones, satellites, and military weapons systems as varied as Virginia-class fast attack submarines, DDG- 51 Aegis destroyers, the F-35 Joint Strike Fighter, and precision guided munitions. The U.S. has some rare earth resources, but is heavily dependent on access to them from countries as varied as Afghanistan, Bolivia, and China. Losing access to these resources would have significant adverse economic, …

Do Latinos Still Support Immigrant Rights Activism? Examining Latino Attitudes A Decade After The 2006 Protest Wave, Chris Zepeda-Millán, Sophia Jordán Wallace

Latino Public Policy

The historic and primarily Latino 2006 immigrant rights protest wave occurred in response to proposed federal anti-immigrant legislation (H.R. 4437). Research on the unprecedented series of demonstrations suggests that the draconian and racialized nature of the bill helps explain why it incited large-scale collective action. Utilizing a new survey with a considerable oversample of Latino respondents, the 2016 Collaborative Multiracial Post-Election Survey (CMPS), this paper investigates contemporary Latino support for immigrant rights activism. We examine several factors that influence support such as linked fate, knowing undocumented people, perceptions of anti-immigrant sentiments, concerns about immigration enforcement policies, political party identification, and …

Sloan On Geopolitics, Geography, And Strategy History In Geopolitics, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Geopolitical literature is experiencing a renaissance and scholars representing classical and critical perspectives in this field bring multifaceted assessments to historical and current international political and security issues. Sloan’s Geopolitics, Geography and Strategic History, which is part of Routledge’s Geopolitical Theory Series, examines connections between geography, strategy, and history and is the subject of this review and analysis. Three thesis questions examined by the author include why the geographical scope of political objectives and following strategies of nation states change, how do these changes occur, and over what time period do these changes occur. Sloan examines why the geopolitical theories …

Foreign Policy Evaluation And The Utility Of Intervention, Graham Slater

FIU Electronic Theses and Dissertations

This dissertation identifies and explains the factors contributing to the presence and severity of U.S. foreign-policy blunders, or gross errors in strategic judgment resulting in significant harm to the national interest, since the Second World War. It hypothesizes that the grand strategy of preponderance and the overestimation of military power to transform the politics of other states have precipitated U.S. foreign-policy blunders since 1945. Examining the Vietnam War and Iraq War as case studies, it focuses on underlying conditions in the American national identity and the problematic foreign policy decision-making (FPDM) that corresponds to this bifurcated hypothesis, termed the overestimation/preponderance …

Pretrial Detention And Bail, Megan Stevenson, Sandra G. Mayson

All Faculty Scholarship

Our current pretrial system imposes high costs on both the people who are detained pretrial and the taxpayers who foot the bill. These costs have prompted a surge of bail reform around the country. Reformers seek to reduce pretrial detention rates, as well as racial and socioeconomic disparities in the pretrial system, while simultaneously improving appearance rates and reducing pretrial crime. The current state of pretrial practice suggests that there is ample room for improvement. Bail hearings are often cursory, with no defense counsel present. Money-bail practices lead to high rates of detention even among misdemeanor defendants and those who …

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

All Faculty Scholarship

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 …

Deborah Olsen Public Service Scholarship Essay, Maura Hand

Examples of Student Work

In this essay, Maura Hand reflects on the ten weeks she spent interning with the State Department's Office of Foreign Missions (OFM) in San Francisco, California.

Democratizing Criminal Law: Feasibility, Utility, And The Challenge Of Social Change, Paul H. Robinson

All Faculty Scholarship

The notion of “democratizing criminal law” has an initial appeal because, after all, we believe in the importance of democracy and because criminal law is so important – it protects us from the most egregious wrongs and is the vehicle by which we allow the most serious governmental intrusions in the lives of individuals. Given criminal law’s special status, isn’t it appropriate that this most important and most intrusive governmental power be subject to the constraints of democratic determination?

But perhaps the initial appeal of this grand principle must give way to practical realities. As much as we are devoted …

From Treaties To International Commitments: The Changing Landscape Of Foreign Relations Law, Jean Galbraith

All Faculty Scholarship

Sometimes the United States makes international commitments in the manner set forth in the Treaty Clause. But far more often it uses congressional-executive agreements, sole executive agreements, and soft law commitments. Foreign relations law scholars typically approach these other processes from the perspective of constitutional law, seeking to determine the extent to which they are constitutionally permissible. In contrast, this Article situates the myriad ways in which the United States enters into international commitments as the product not only of constitutional law, but also of international law and administrative law. Drawing on all three strands of law provides a rich …