Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 271 - 300 of 1981

Full-Text Articles in Public Policy

The Torch (Winter 2021-2022), Crtp Jan 2021

The Torch (Winter 2021-2022), 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 …


American Exceptionalism At Its Finest: “Soft On Crime” Now A Vote-Winner In The World’S Largest Incarcerator, Mirko Bagaric, Gabrielle Wolf, Daniel Mccord, Brienna Bagaric, Nick Fischer Jan 2021

American Exceptionalism At Its Finest: “Soft On Crime” Now A Vote-Winner In The World’S Largest Incarcerator, Mirko Bagaric, Gabrielle Wolf, Daniel Mccord, Brienna Bagaric, Nick Fischer

Lewis & Clark Law Review

Anyone with even a remote interest in criminal justice was stunned by the “soft on crime” Republican Party advertisement at Super Bowl LIV in 2020, especially during a presidential election year. The United States of America has pursued an unrelenting, merciless “tough on crime” approach for half a century, resulting in it being the world’s largest incarcerator by a massive margin. It was an unshakable political ideology that “tough on crime” was a vote winner. This resulted in incarceration levels increasing fourfold in four decades, with more than two million Americans ultimately behind bars. Legal and criminology scholars had argued …


Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman Jan 2021

Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman

Pitzer Senior Theses

This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …


Stonewall To The Present: An Analysis Of The Lgbt Rights Movement And U.S. Public Policy, Jake Mericle Jan 2021

Stonewall To The Present: An Analysis Of The Lgbt Rights Movement And U.S. Public Policy, Jake Mericle

Capstone Showcase

The LGBT Rights Movement has been one of the most influential social movements in recent decades. The aim of this paper is to determine the extent to which the LGBT rights movement has affected U.S. law and policy. In order to study this, I employ a process tracing method to study the movement as a whole over the past few decades from Stonewall to the present. I begin with the Stonewall Riots of 1969 as they are largely considered to be the start of the modern LGBT rights movement. My analysis focuses on the power and the importance of the …


America’S Presidential Crisis Of Legitimacy: How The Electoral College Became Obsolete And How We Can Fix It, Julia Rose Foodman Jan 2021

America’S Presidential Crisis Of Legitimacy: How The Electoral College Became Obsolete And How We Can Fix It, Julia Rose Foodman

Scripps Senior Theses

The goal of this thesis is to critique the current American Presidential electoral system, the Electoral College, and to show what an alternative could potentially mean for the American people. This paper seeks to answer the following questions: What are the main arguments for the Electoral College, why are they troubling, and how can we mend American Presidential elections for the greater purposes of political equality, democracy, and freedom? To do so, core arguments made by conservative pundits in favor of the Electoral College are outlined in order to bring attention to their logical, political, and moral inconsistencies. The inequalities …


From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia Jan 2021

From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.


African American Male Ex-Felons' Perspectives Regarding Felon Disenfranchisement, Tymesha Alegra Whitehead Jan 2021

African American Male Ex-Felons' Perspectives Regarding Felon Disenfranchisement, Tymesha Alegra Whitehead

Walden Dissertations and Doctoral Studies

The tradition of disenfranchising those convicted in the United States of felony crimes has profound historical racial roots that have persisted for decades in the United States. The persistent practice of felon disenfranchisement in the 21st century challenges the essence of democracy, with over six million people disenfranchised. The need for major reform efforts to restore voting rights to ex-felons has been exposed due to this issue. The literature revealed no studies have been undertaken regarding this phenomenon in terms of those directly affected by it. Therefore, the purpose of this qualitative phenomenological study was to understand the effect of …


The Strategically Broken System: A Grounded Theory Study Of The Clinical Implications Of Immigration Law, Policy, And Practice, Kelle Agassiz Jan 2021

The Strategically Broken System: A Grounded Theory Study Of The Clinical Implications Of Immigration Law, Policy, And Practice, Kelle Agassiz

Antioch University Dissertations & Theses

The majority of clinicians do not receive education pertaining to the legal aspects of immigration in their curriculum, training, or continuing education. In addition, the process of navigating the immigration system has been exacerbated in recent years due to rapid policy changes under the Trump administration, which has contributed to a hostile political climate, particularly for immigrants from Central America and Mexico. Using a classic grounded theory research approach, this study explored the relationship between the psychological implications of immigration and the legal challenges that immigrants face today, with a specific focus on immigration from Central America and Mexico. Through …


Non-Governmental Organisations' Impact On Educational Policy In Rural Ghana, Sarah Ayikai Okine Jan 2021

Non-Governmental Organisations' Impact On Educational Policy In Rural Ghana, Sarah Ayikai Okine

Walden Dissertations and Doctoral Studies

Abstract Non-governmental organizations (NGOs) have become an increasingly important factor in education globally. The social structure in developing countries such as Ghana has created a need for government to work with NGOs in the educational system to reach out to children and provide quality basic, primary education, especially in rural communities. However, there are still challenges in the discharge of their duties due to challenges in collaboration with all stakeholders. This case study addressed the perception of stakeholders regarding NGOs’ influence on Ghana’s educational system to better understand the influence and impact of NGOs on education in Ghana’s rural communities. …


Gun Control: Republican Views For Common Ground, Ruth Yazmin Molina Jan 2021

Gun Control: Republican Views For Common Ground, Ruth Yazmin Molina

Walden Dissertations and Doctoral Studies

AbstractPublic and political opinion regarding gun regulation in the United States are sharply split across the political divide. The purpose of this research was to determine the common ground among the Republican Party supporters concerning gun control legislations in the United States. The frame for the study poised into determining in what ways does an affiliation to the Republican Party influence a supporters’ views on state and federal gun laws and if members of the Republican Party believe that a common ground may exist with Democrats for passable gun control legislation. Partisan motivated reasoning theory was used to frame the …


Homeowners’ Lived Experience In Developing And Using Accessory Dwelling Units In Ireland, Geraldine Mary Hurley Jan 2021

Homeowners’ Lived Experience In Developing And Using Accessory Dwelling Units In Ireland, Geraldine Mary Hurley

Walden Dissertations and Doctoral Studies

Researchers have explored the role of accessory dwelling units (ADUs) as a form of housing since at least the 1970s. Such exploration has taken place across a number of different disciplines, including gerontology, housing affordability, and urban planning. The literature tends to focus on specific policies, however, rather than on the lived experience of the homeowners impacted by those policies. Ireland’s national and local governments have yet to acknowledge the potential use of ADUs as a contributing solution to ongoing problems with housing supply, housing affordability, and homelessness, despite a government-declared national housing crisis. Formal research on ADUs in the …


Corruption In Togo's Land Registration And Its Impact On Real Estate Development, Gbati Kakaye Jan 2021

Corruption In Togo's Land Registration And Its Impact On Real Estate Development, Gbati Kakaye

Walden Dissertations and Doctoral Studies

Abstract:Researchers have asserted that following malaria and AIDS, land-related conflict, exacerbated by rampant real estate corruption, is the third-largest problem and leading cause of death in Togo. The current study provided a means of gaining better understanding of the impact of corruption on real estate development in Togo by addressing the following research questions: How is corruption manifested in Togo’s land registration process and how has corruption in land registration process impacted real estate development? Theoretically, the study was underpinned by the cultural and neo-institutional economics framework. Data were collected through individual interviews and a focus group discussion with 15 …


Applying The Narrative Policy Framework To The Usa Freedom Act Of 2015, Michael Sean Hall Jan 2021

Applying The Narrative Policy Framework To The Usa Freedom Act Of 2015, Michael Sean Hall

Walden Dissertations and Doctoral Studies

The domestic security dilemma is a recurring problem whereby counterterrorism programs are continuously in a state of flux as demands for increased civil liberties and national security compete, as demonstrated by the USA PATRIOT Act of 2001 and USA FREEDOM Act of 2015. The National Security Agency bulk metadata collection program (NSA Surveillance Program) was created to identify terrorists and prevent terrorist attacks, but the USA FREEDOM Act prohibited the program in 2015. The NSA Surveillance Program's prohibition is problematic because the United States may not obtain the intelligence necessary to prevent a terrorist attack. The purpose of this qualitative …


How Federal Mortgage Programs Affect Homeownership Outcomes Of Low-Income Households, Lawanda Alexia Brown Jan 2021

How Federal Mortgage Programs Affect Homeownership Outcomes Of Low-Income Households, Lawanda Alexia Brown

Walden Dissertations and Doctoral Studies

Numerous laws and policies have been enacted to aid economic recovery and housing growth after the 2008 housing

crisis in the United States; however, concern remains that low-income families interested in homeownership are in poor

housing situations due to inadequate access to federal homeownership policies and program information. The purpose of

this quantitative study was to analyze the relationship between the variables of income, race, and access to federal

mortgage program policy information and dependent variable HEC on homeownership outcomes for aggregate years

2007 to 2018. Using a quasi-experimental design, the chi-square test of independence was used to test N …


Canadian Policymaker Experiences On Reducing Syndemic Stigma For Hiv And Substance Use Disorder, Nickolas James Cherwinski Jan 2021

Canadian Policymaker Experiences On Reducing Syndemic Stigma For Hiv And Substance Use Disorder, Nickolas James Cherwinski

Walden Dissertations and Doctoral Studies

People living with HIV (PLWH) and substance use disorder (SUD) experience highly stigmatized lives fraught by influences such as criminal law and stigmatizing public policies. Despite free access to antiretroviral therapy (ART) and mental health services for all Canadian citizens, suboptimal adherence to ART and administratively cumbersome mental health interventions still exist. Many researchers have found the health services for both HIV and SUD to be dynamic, costly, and difficult to maintain; as such, the purpose of this study was to explore the knowledge gap related to the policy implications of syndemic stigma experienced by PLWH and SUD in Canada. …


The Torch (December 2020), Crtp Dec 2020

The Torch (December 2020), Crtp

Torch: The Civil Rights Team Project Newsletter

Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity


A Mixed-Methods Analysis Of Biofuels, Teresa Cristina Garcia Dec 2020

A Mixed-Methods Analysis Of Biofuels, Teresa Cristina Garcia

Graduate Theses and Dissertations

Brazil has the largest sugarcane acreage in the world (FAOSTAT, 2020) and is the world leader in the production of sugarcane-based ethanol (Sousa Junior et al., 2017). Due to the technical experience in the production of biofuels and the availability of sugarcane straw and bagasse, the country has a great potential to commercially produce second-generation ethanol (E2G) (Nyko et. al., 2010). In 2017, Brazil enacted a new National Biofuels Policy, called RenovaBio, to expand the production and use of biofuels in the country. This dissertation combines three essays that explore biofuels law and policy with a special focus on Brazil. …


A Letter To The United States Government On Wealth And Income Inequality, Matthieu Maier Nov 2020

A Letter To The United States Government On Wealth And Income Inequality, Matthieu Maier

English Department: Research for Change - Wicked Problems in Our World

The United States of America is the world’s hotspot when it comes to income and wealth inequality. The wealthiest Americans are accumulating more and more wealth everyday while most Americans, who fall somewhere around middle-class, remain struggling and stagnant. The United States’ unchecked and deregulated system of capitalism is the root cause of our country’s inequities along with our government’s refusal to set aside self-interests and biases in order to combat these issues. From the inequality caused by rouged American systems larger issues are created that lead to complications in health, wages, standard of living, and race relations within our …


Seventeen Pieces: Displacement, Misplacement, And Conservation, Yasmin Merali, Kevork Mourad, Manas Ghanem Nov 2020

Seventeen Pieces: Displacement, Misplacement, And Conservation, Yasmin Merali, Kevork Mourad, Manas Ghanem

New England Journal of Public Policy

This article explores the systemic importance of art in the conservation of images, historical reference, and cultural meaning as displaced victims of humanitarian crises make the transition from the land of their birth to a new country with a different history and cultural landscape. In presenting the work of Kevork Mourad, an artist of Armenian descent displaced from Syria, we show the essential, layered interplay of visceral, lived individual experiences and the historic collective memory of real and imagined pasts that survive the destruction of physical artifacts.


Understanding Myanmar’S Buddhist Extremists: Some Preliminary Musings, Kumar Ramakrishna Nov 2020

Understanding Myanmar’S Buddhist Extremists: Some Preliminary Musings, Kumar Ramakrishna

New England Journal of Public Policy

This article examines Buddhist extremism in Myanmar. It argues that Buddhist extremism—like other types of religious extremism—is an acute form of fundamentalism. The article begins with a survey of how extremism is usually understood in the theoretical literature, showing that its religious variant is best conceived of as an acute form of fundamentalism. It then fine tunes this understanding, arguing that religious extremism is a fundamentalist belief system that justifies structural violence against relevant out-groups. The article outlines seven core characteristics of the religious extremist culled from the various theoretical approaches to extremism. It employs these seven characteristics to examine …


The Rich, Lucas A. Santos Nov 2020

The Rich, Lucas A. Santos

English Department: Research for Change - Wicked Problems in Our World

The rise of the super rich dramatically rose in the 1980’s. The once dominant oil and gas sector was taken over by finance and technology overall. We are able to see a rise of these super rich, or the one percent, and even how quickly they were able to recover from the 2008 Recession. Now, the one percent are making continuous substantial gains in a current world, where a pandemic has struck and many are struggling. I talk about the use of public policy in order to regain this economic gap between the one percent and the rest of the …


The Role Of The Opioid Crisis In Elder Abuse, Kimberly I. Snow Mhsa, Jennifer Pratt, Stuart Bratesman Mpp Nov 2020

The Role Of The Opioid Crisis In Elder Abuse, Kimberly I. Snow Mhsa, Jennifer Pratt, Stuart Bratesman Mpp

Disability & Aging

As the opioid crisis has deepened over the past twenty years, its effect on individuals and families, including older adults, has grown. To find out how the opioid crisis might be impacting elder abuse, neglect, and exploitation in Maine, we conducted a mixed methods analysis of 2015-2018 Maine Adult Protective Services (APS) investigations to determine: 1) Did opioid-related investigations increase over time? 2) Do investigations involving opioid misuse or abuse differ from investigations that don’t involve opioids? 3) What themes or features of cases involving opioid misuse or abuse by clients and/or perpetrators emerge from the data?

Key Findings: The …


Policing In A Democratic Constitution, Michael Wasco Oct 2020

Policing In A Democratic Constitution, Michael Wasco

Indiana Journal of Constitutional Design

Most constitutions contain provisions relating to or impacting policing. Separate from the armed forces and intelligence services, the police are the state’s internal security apparatus, and codifying issues related to policing within a constitution can ensure efficient service delivery and human rights protections.

Originating from the Libyan constitution making process, this paper provides a taxonomy of options for constitution drafters and scholars. More so than other issues, such as separation of powers or human rights protections generally, policing sections are very country specific. While not advocating for specific best practices, the work gives ample justifications for certain policing principles and …


The European Central Bank's Securities Markets Programme (Ecb Gfc), Ariel Smith Oct 2020

The European Central Bank's Securities Markets Programme (Ecb Gfc), Ariel Smith

Journal of Financial Crises

The Eurozone struggled during the escalation of the sovereign debt crisis in 2010. In order to aid malfunctioning securities markets, restore liquidity, and enable proper functioning of the monetary policy transmission mechanism, the European Central Bank (ECB) instituted the Securities Markets Programme (SMP) on May 9, 2010. This program enabled Eurosystem central banks to purchase securities from entities in Greece, Ireland, Portugal, Italy, and Spain. The program ended on September 6, 2012, and evaluations of its effectiveness are mixed.


The Commercial Paper Funding Facility (U.S. Gfc), Rosalind Z. Wiggins Oct 2020

The Commercial Paper Funding Facility (U.S. Gfc), Rosalind Z. Wiggins

Journal of Financial Crises

In mid-September 2008, prime money market mutual funds (MMMFs) began experiencing run-like redemption requests sparked by one fund that had “broken the buck” because of large exposure to Lehman Brothers commercial paper (CP). As a result, MMMFs, which are significant investors in CP, became reluctant to hold CP. Within a week, outstanding CP had been reduced by roughly $300 billion. The CP market experienced severe shortening of maturities and increased rates, making it difficult for issuers to place new paper. When government efforts to assist the MMMFs did not resolve the stresses in the CP market, the Federal Reserve announced, …


Market Liquidity Programs: Gfc And Before, June Rhee, Greg Feldberg, Ariel Smith, Andrew Metrick Oct 2020

Market Liquidity Programs: Gfc And Before, June Rhee, Greg Feldberg, Ariel Smith, Andrew Metrick

Journal of Financial Crises

The virulence of the Global Financial Crisis of 2007–09 (GFC) was explained in large part by the increased reliance of the global financial system on market-based funding and the lack of preexisting tools to address a disruption in that type of system. This paper surveys market liquidity programs (MLPs), which we define as government interventions in which the key motivation is to stabilize liquidity in a specific wholesale funding market that is under stress. Most of the MLPs surveyed in this paper were launched during and after the GFC, but two pre-GFC MLPs are included. A subsequent survey on MLPs …


Unbuckling The Seat Belt Defense In Arkansas, Spencer G. Dougherty Sep 2020

Unbuckling The Seat Belt Defense In Arkansas, Spencer G. Dougherty

Arkansas Law Review

The “seat belt defense” has been hotly litigated over the decades in numerous jurisdictions across the United States. It is an affirmative defense that, when allowed, reduces a plaintiff’s recovery for personal injuries resulting from an automobile collision where the defendant can establish that those injuries would have been less severe or avoided entirely had the plaintiff been wearing an available seat belt. This is an unsettled legal issue in Arkansas, despite the growing number of cases in which the seat belt defense is raised as an issue. Most jurisdictions, including Arkansas, initially rejected the defense, but the basis for …


Caregivers’ Expectations, Reflected Appraisals, And Arrests Among Adolescents Who Experienced Parental Incarceration, Cynthia J. Najdowski, Melissa Noel Aug 2020

Caregivers’ Expectations, Reflected Appraisals, And Arrests Among Adolescents Who Experienced Parental Incarceration, Cynthia J. Najdowski, Melissa Noel

Psychology Faculty Scholarship

This research sought to identify a potential process by which intergenerational crime occurs, focusing on the effect of parental incarceration on adolescents’ subsequent arrests. We drew from Matsueda’s work on reflected appraisals as an explanatory mechanism for this effect. Thus, the present research examined whether caregivers’ and adolescents’ expectations for adolescents’ future incarceration sequentially mediated the effect of parental incarceration on adolescents’ actual arrest outcomes. Propensity score matching was used to examine this effect in a sample of 1,735 15- to 16-year-olds using NLSY97 data. Parental incarceration was positively related to caregivers’ expectations of adolescents’ future arrest. Moreover, caregivers’ expectations …


Tech Policy And Legal Theory Syllabus, Yafit Lev-Aretz, Nizan Packin Aug 2020

Tech Policy And Legal Theory Syllabus, Yafit Lev-Aretz, Nizan Packin

Open Educational Resources

Technology has changed dramatically over the last couple of decades. Currently, virtually all business industries are powered by large quantities of data. The potential as well as actual uses of business data, which oftentimes includes personal user data, raise complex issues of informed consent and data protection. This course will explore many of these complex issues, with the goal of guiding students into thinking about tech policy from a broad ethical perspective as well as preparing students to responsibly conduct themselves in different areas and industries in a world growingly dominated by technology.


The Study Of Motivation For Defection Within The Intelligence Community: Hindering The Government's Ability To Prevent And Detect Defection, William Virgili Aug 2020

The Study Of Motivation For Defection Within The Intelligence Community: Hindering The Government's Ability To Prevent And Detect Defection, William Virgili

Graduate Program in International Studies Theses & Dissertations

Since its inception, the global community has been marred by insecurities about the intentions of other states, which led to states creating intelligence agencies to engage in human intelligence operations. In defense against foreign intelligence services, the U.S. has implemented policies and procedures, informed by defection research, to prevent and detect defection. However, this leads to the question does current research on motivation for defection adequately inform government policies and procedures to prevent and detect defection within the intelligence community? To interrogate this question, I present an in-depth analysis of motivation; the ways in which these conclusions have or have …