Public Policy Commons^™

Implementing A State Lottery In Nevada, Benjamin K. Boulton

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study is to assess the feasibility of implementing a state lottery in Nevada and to present the benefits of a state lottery for both the Nevada hospitality industry and the Nevada economy. It will compare and contrast the arguments for and the arguments against a lottery by executing a content analysis of existing research literature as well as other relevant publications. It will also examine the history of lotteries, the states that border Nevada and have lotteries and the legislative history of lottery proposals in Nevada.

Racial Disparities In Sentencing In The U.S. And Georgia, Kamal Rattray, Nicole Lee

Georgia Journal of Public Policy

Incarceration represents the ultimate use of coercive power, and in the state of Georgia, that power is being disproportionately levied upon people of color, particularly African Americans.1 According to 2011 statistics from the Georgia Department of Corrections, the total prison population statewide was approximately 53,341 inmates. The majority of that number were Blacks (33,069 inmates), followed by Whites (17,752 inmates), Hispanics (2,306 inmates) and other ethnic groups.

Pillars For Progress On The Right To Health: Harnessing The Potential Of Human Rights Through A Framework Convention On Global Health, Eric A. Friedman, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Ever more constitutions incorporate the right to health, courts continue to expand their right to health jurisprudence, and communities and civil society increasingly turn to the right to health in their advocacy. Yet the right remains far from being realized. Even with steady progress on numerous fronts of global health, vast inequities at the global and national levels persist, and are responsible for millions of deaths annually. We propose a four-part approach to accelerating progress towards fulfilling the right to health: 1) national legal and policy reform, incorporating right to health obligations and principles including equity, participation, and accountability in …

Global Health Justice: A Perspective From The Global South On A Framework Convention On Global Health, Lawrence O. Gostin, Ames Dhai

Georgetown Law Faculty Publications and Other Works

A global coalition of civil society and academics recently launched the Joint Action and Learning Initiative on National and Global Responsibilities for Health (JALI), which is developing a post-Millennium Development Goal (MDG) framework for global health. JALI’s mission is the achievement of a global health treaty based on the right to health—a Framework Convention on Global Health (FCGH). The FCGH proposes establishing fair terms of international co-operation, with agreed-upon mutually binding obligations to create enduring health system capacities, meet basic survival needs, and reduce unconscionable inequalities in global health. States that bear a disproportionate burden of disease have the least …

A Framework Convention On Global Health: Health For All, Justice For All, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Health inequalities represent perhaps the most consequential global health challenge and yet they persist despite increased funding and innovative programs. The United Nations is revising the Millennium Development Goals (MDGs) that will shape the world for many years to come. What would a transformative post-MDG framework for global health justice look like? A global coalition of civil society and academics—the Joint Action and Learning Initiative on National and Global Responsibilities for Health (JALI)—has formed an international campaign to advocate for a Framework Convention on Global Health (FCGH). Recently endorsed by the UN Secretary-General, the FCGH would reimagine global governance for …

Torch (May/June 2012), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

The Costs And Impacts Of Rising Food Prices Among Low-Income Households, Elaine Waxman

Journal of Food Law & Policy

The pressure of rising food prices on low-income households is often assumed to be primarily an issue for developing economies, where fluctuations in food staple prices can have dramatic consequences for food security and social and political stability. Observers often note that Americans benefit from relatively low food prices and spend far less to feed their families than their counterparts in many other parts of the world. Indeed, the average American household spent 7.6% of their household expenditures on food purchases at home in 2009, while the comparable percentage exceeded 40% of household expenditures in diverse countries such as Mexico, …

State Juvenile Justice Spending Decisions: The Effects Of Federal Aid, Race, Politics, And Other Socioeconomic Factors, Willie B. Coleman Smith

UNLV Theses, Dissertations, Professional Papers, and Capstones

Historically, juvenile justice in the United States has been the responsibility of state governments with limited federal support. There is a notable gap in the empirical literature on factors that affect funding policies for state juvenile justice programs. In this dissertation research, I used two theoretical perspectives to examine determinants of juvenile justice spending: economic theory on intergovernmental aid and tenets of the Politics of Social Order Framework, developed by Stucky, Heimer, and Lang (2007) to investigate corrections spending. Two research questions were considered: 1) What impact does federal aid have on state spending on juvenile justice programs? and 2) …

Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review

A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27)

On April 26-27, 2012, Colorado Law honored David H. Getches with a symposium to celebrate his life and legacy of trailblazing scholarship. “A Life of Contributions for All Time” featured a keynote address by Distinguished Professor Charles Wilkinson entitled, “Hero for the People, Hero for the Land and Water: Reflections on the Enduring Contributions of David Getches.” Top scholars in the fields of natural resources, water, and American Indian law reflected on Dean Getches’ contributions and their own insights into these fields, including Professor John Leshy, John Echohawk, Professor Carole Goldberg, Professor Joe Sax, Professor Rebecca Tsosie, Justice Greg Hobbs, …

Parting The Waves: Claims To Maritime Jurisdiction And The Division Of Ocean Space, Clive Schofield

Penn State Journal of Law & International Affairs (2012 - Present)

This article casts aside traditional obsessions and examines the development and present state of coastal State claims to maritime jurisdiction, the overlapping claims to maritime space that have inevitably resulted from the significant extension of maritime claims in recent decades, and thus the delimitation of maritime boundaries.

Halos, Alibis And Community Development: A Cross National Comparison Of How Governments Spend Revenue From Gambling, Lynn Gidluck

Occasional Papers

This paper provides a cross-national comparison of how governments around the world distribute revenues from state-directed gambling and how these choices have been justified by proponents and vilified by critics. Case studies where governments have popularized gambling expansion by “earmarking” revenues for particular good causes and where the state has collaborated with the voluntary sector to deliver programs from this revenue stream are examined. Lessons learned from challenges of various approaches are considered.

Institute Brief: Effective Training For Employment Consultants: Job Development And Support Strategies, Amy Gelb, Derek Nord, Alberto Migliore, John Butterworth

The Institute Brief Series, Institute for Community Inclusion

This Institute Brief summarizes the key elements of a training and support approach designed to improve job development practices. Employment Consultants who participated supported more individuals to enter employment, and supported people to achieve higher-quality jobs with more hours and higher levels of pay, than a control group who had not yet received training.

Unemployed Veterans During A Recession: Factors Affecting The Completion Rate Of The Vocational Rehabilitation And Employment Program, Chris Witt

Political Science Theses and Capstones

The purpose of my research is to determine what factors affect the outcome of the Vocational Rehabilitation and Employment program. Previous literature examines individuals from each state in various stages of the program to determine which factors cause their individual outcome. Although previous research covered a broad spectrum of factors there still remains a lack of significant evidence to determine the observed outcome. I added state expenditures to the previous data to attempt to determine whether or not there is a correlation between funding and the completion of the program. I used the Department of Veteran Affairs 2007 Veterans Employability …

Examining The Decline In Bargaining Power In Faculty Labor Unions In The United States: The Effects Of Reduced Monopoly Power In Providing Public Higher Education, Lynn A. Smith, Robert S. Balough

Journal of Collective Bargaining in the Academy

This study examines the decline in the economic power of faculty labor unions in public higher education in the United States in recent years. The authors assume the labor union is a utility maximizing entity and that income accrues to the “union family.” The union family attempts to maximize this income. By analyzing collective bargaining agreements and hiring practices between the Association of Pennsylvania State College and University Faculties and the Pennsylvania State System of Higher Education, the authors construct bargaining indices. Because this study is focused on the change in bargaining power of labor unions in public higher education …

Healthcare Reform Hangs In The Balance, Lawrence O. Gostin

O'Neill Institute Papers

In this timely new briefing, Professor Lawrence O. Gostin, University Professor and Faculty Director, O’Neill Institute for National and Global Health Law, Georgetown University writes:

Prior to Tuesday’s arguments, I believed that the Supreme Court would uphold the health insurance purchase mandate by a comfortable margin. But now I believe that health care reform hangs in the balance. Here are the key arguments on which the future of President Obama’s health care reform depends: a greater freedom, cost-shifting, the health care market, acts versus omissions, limiting principles, the population-base approach, and what is necessary and proper. If the Court strikes …

Why The Affordable Care Act's Individual Purchase Mandate Is Both Constitutional And Indispensable To The Public Welfare, Lawrence O. Gostin

O'Neill Institute Papers

Integral to the Affordable Care Act's (ACA’s) conceptual design is the individual purchase mandate, which requires most individuals to pay an annual tax penalty if they do not have health insurance by 2014. Despite the vociferous opposition, the mandate is the most “market-friendly” financing device because it relies on the private sector. Ironically, less market-oriented reforms such as a single-payer system clearly would have been constitutional.

It is common sense for everyone to purchase health insurance and thus gain security against the potentially catastrophic costs of treating a serious illness or injury. However, Congress’ method of ensuring that everyone has …

Torch (March/April 2012), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Data Note: State Intellectual And Developmental Disability Agencies’ Service Trends, Jean E. Winsor

Data Note Series, Institute for Community Inclusion

In FY2010, an estimated 566,188 individuals received day or employment supports from state intellectual and developmental disability (IDD) agencies. This number grew from 458,650 in FY1999, a 23.4 percent increase. The estimated number of individuals supported in integrated employment services increased from 108,296 in FY1999 to 113,937 in FY2010, a 5.2% increase. State investment in supports continues to emphasize facility-based and non-work services rather than integrated employment services.

Torch (January/February 2012), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Open Textbooks And Provincial Government Policy: A Look At The Issues, Lisa Di Valentino

FIMS Publications

In 2012, the British Columbia government announced a plan to fund a program that will result in the creation of open access textbooks for 40 lower-year university courses — the first such program in any of the provinces. This paper will argue that Ontario should follow British Columbia’s lead and invest in the development of a project to create and promote the use of open textbooks. The introduction will discuss the concept of open textbooks and the various initiatives and legislation that have been introduced in the United States, and British Columbia’s plan will be described in more detail. The …

Does The Privatization Of Publicly Owned Infrastructure Implicate The Public Trust Doctrine? Illinois Central And The Chicago Parking Meter Concession Agreement, Ivan Kaplan

Northwestern Journal of Law & Social Policy

During the nineteenth century, legislatures proved “excessively generous” in granting railroad corporations property rights in publicly owned, commercially vital municipal streets and harbors. Jacksonian jurists, suspicious of corporate influence, invoked the public trust doctrine to rescind grants of privilege inconsistent with the public interest. In Illinois Central Railroad Co. v. Illinois, the “lodestar” of the modern doctrine, the Supreme Court refused to recognize the Illinois legislature’s authority to convey the submerged lands of the Chicago Harbor to a railroad corporation, a conveyance that empowered a private enterprise to “practically control . . . for its own profit” a publicly …

Brazil’S Upcoming “Mega-Events” Human Rights Legacy, Thomas Pegram

Human Rights & Human Welfare

Preparations for the 2014 World Cup and 2016 Olympic Games are well underway in Brazil, with local government officials in Rio de Janeiro trumpeting the “major success” of initiatives intended to address notoriously high levels of violent crime.

In an attempt to head off widespread concerns, which preceded South Africa’s hosting of the 2010 World Cup, the apparent success of initiatives such as the Police Pacification Units (PPUs) cracking down on insecurity in Rio’s shantytowns (many, such as Rocinha, close to popular tourist areas and venues for Olympic events) has been loudly hailed by local politicians and duly reported by …

Experimentalist Governance, Charles F. Sabel, Jonathan Zeitlin

Faculty Scholarship

This article discusses the concept of the so-called experimentalist governance. It explains that the experimentalist architecture in regulation is well illustrated by the European Union Water Framework Directive (WFD) and its Common Implementation Strategy. The article suggests that experimentalism appears particularly well suited to transnational domains, where there is no overarching sovereign with the authority to set common goals even in theory, and where the diversity of local conditions and practices makes the adoption and enforcement of uniform fixed rules even less feasible than in domestic settings.

An Analysis Of Regularizations Of Undocumented Residents In Spain And The Underground Economy: Insight For United States Policy Makers, Jon R. Davis

MPA/MPP/MPFM Capstone Projects

There were an estimated 11 million undocumented residents in the United States in 2010. The issue of undocumented migration and how it should be addressed is a contentious topic in the United States. However, the discussions about how to address illegal migration into the United States rarely include any comparisons to other measures that have been taken in other countries. There are many countries, such as Spain, that have large undocumented resident populations.

This analysis looks at policies that have been enacted in Spain since 1985 to enable undocumented residents to receive legal resident status, referred to as regularizations and …

On Tax Increase Limitations: Part Ii -- Evasion And Transcendence, David Gamage, Darien Shanske

Articles by Maurer Faculty

In this essay, the second of a series, we continue our evaluation of state Tax Increase Limitations (TILs) – special rules that limit state legislatures’ ability to raise taxes, such as by requiring supermajority votes. We analyze two strategies whereby majority parties can evade TILs to the extent they so desire. We further argue that these strategies have some positive normative features. The strategies designed to evade TILs may ultimately lead toward a more effective means for controlling the size of state government than TILs themselves are able to provide.

The Massachusetts Elder Economic Security Index (2011), Gerontology Institute, University Of Massachusetts Boston

Gerontology Institute Publications

The Elder Economic Security Standard^TM Index measures the income that Massachusetts’ seniors need to maintain independence and meet their basic living expenses in the community. The Elder Index uses an income measure that reflects the actual expenses for basic needs of older adults, and includes cost estimates for housing, food, medical care, transportation, and household essentials. Elder Index values are calculated for each state, on a county-by-county basis, providing policy makers and individuals a benchmark for determining what income or governmental supports are needed in their communities.

Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For North Carolina, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for North Carolina’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For South Dakota, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for South Dakota’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

Bankruptcy And Politics: A Framework For Bankruptcy Policymaking In The United States Congress And Courts, Kevin Mandell Ball

Wayne State University Dissertations

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was enacted amid much controversy and was considered by many observers to mark a major change in the direction of U.S. bankruptcy policy. The dissertation uses the law's passage as a vehicle to develop an explicit model of the integrated role of Congress, issue networks, and the courts in making policy. Following Baumgartner and Jones (1993), Sabatier (1988), and others, the dissertation tracks bankruptcy policymaking and implementation over a seventy-five year period to demonstrate that policy is made in three distinct venues: Congress; a policy community made up of lawyers, …

Book Review. Pollack, S. D., War, Revenue, And State Building: Financing The Development Of The American State, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.