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2016

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Articles 1 - 22 of 22

Full-Text Articles in Public Policy

Developing A Holistic Approach For Tackling Undeclared Work: Background Paper, Colin C. Williams Nov 2016

Developing A Holistic Approach For Tackling Undeclared Work: Background Paper, Colin C. Williams

Colin C Williams

What is a holistic approach to tackling undeclared work? A holistic policy approach towards tackling the undeclared economy uses in a strategic and coordinated manner the full range of both the direct and indirect policy approaches and measures available to increase the power of, and trust in, authorities respectively.
 
Direct approachesreduce the costs and increase the benefits of operating on a declared basis, and increase the costs and reduce the benefits of operating undeclared. To do this, it uses:
·      Deterrence measures that detect and punish participation in undeclared work firstly, by increasing the perceived or actual …


“But My Lease Isn’T Up Yet!”: Finding Fault With “No-Fault” Evictions, Eloisa Rodriguez-Dod Nov 2016

“But My Lease Isn’T Up Yet!”: Finding Fault With “No-Fault” Evictions, Eloisa Rodriguez-Dod

Eloisa C Rodríguez-Dod

Historically, tenants could be evicted when their actions put them “at-fault.” Grounds for “at-fault” eviction (i.e., evictions for cause) include a tenant’s failure to pay rent, a tenant’s holding over after termination of the lease, a tenant’s material noncompliance with the lease agreement, and a tenant’s failure to maintain the premises materially affecting health and safety. Recently, some landlords have been evicting tenants for no fault of their own. This article focuses on three reasons for attempted “no-fault” evictions: foreclosure of the premises, proposed sale of the premises, or intended re-occupancy by the landlord. Part II of this article provides …


Citizen Trust In Civil Servants: A Cross-National Examination, David J. Houston, Nurgul R. Aitalieva Ph.D., Andrew L. Morelock, Chris A. Shults Nov 2016

Citizen Trust In Civil Servants: A Cross-National Examination, David J. Houston, Nurgul R. Aitalieva Ph.D., Andrew L. Morelock, Chris A. Shults

Nurgul R. Aitalieva, Ph.D.

How trusting of civil servants are citizens in North America and Europe? What individual-level and national-level attributes correlate with trust in civil servants? To answer these questions, data from national samples across 21 countries are taken from the International Social Survey Programme (ISSP) 2006 Role of Government module and are analyzed by estimating multilevel binary logistic regression models. Trust is correlated with both subjective (at the individual-level) and objective (at the national-level) indicators of performance. The quality of institutions also matters as countries with lower levels of public sector corruption experience higher levels of trust in the civil service.


Decision Modeling For Housing And Community Development: #11;A Methodology For Evidence-Based Urban And Regional Planning, Michael P. Johnson Jr. Nov 2016

Decision Modeling For Housing And Community Development: #11;A Methodology For Evidence-Based Urban And Regional Planning, Michael P. Johnson Jr.

Michael P. Johnson

Urban community development corporations and other local institutions routinely face challenging problems in housing and economic development that require substantial expertise in data analytics and decision modeling. While CDC employees have significant experience in diverse application areas, they often face limitations in acquiring, analyzing and sharing data, and using these data to solve decision problems whose solutions can generate novel strategies to address localized needs. Recent research, inspired by local responses to
the housing foreclosure crisis, and developed in cooperation with Boston‐area CDCs, has resulted in a collection of analytic methods and applications that can assist CDCs and similar organizations …


America’S Legendary Ignorance About Africa Persists, Julius A. Amin Sep 2016

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.


Traditional Knowledge: Considerations For Protecting Water In Ontario, Deborah Mcgregor Aug 2016

Traditional Knowledge: Considerations For Protecting Water In Ontario, Deborah Mcgregor

Deborah McGregor

In Canada, the water crisis increasingly felt around the world is being experienced primarily in small, usually Indigenous, communities. At the heart of this issue lies an ongoing struggle to have Indigenous voices heard in the decision-making processes that affect their lives, lands, and waters. As part of ancient systems of Traditional Knowledge (TK), Indigenous people bear the knowledge and the responsibility to care for the waters upon which they depend for survival. A series of internationally developed documents has supported Indigenous peoples’ calls for increased recognition of the importance of TK in resolving environmental crises, including those involving water. …


The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang Aug 2016

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 Aug 2016

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 Aug 2016

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 …


"Use" Valuation Under The 1976 Tax Reform Act: Problems And Implications, Michael D. Boehlje, Neil E. Harl Jul 2016

"Use" Valuation Under The 1976 Tax Reform Act: Problems And Implications, Michael D. Boehlje, Neil E. Harl

Neil E. Harl

With the rapid rise in farmland*values during recent years, farmers and farm organizations have argued that land values have little relationship to agricultural productivity. The fact that farmers have been the dominant purchasers in the farm real estate market during this period of time would seem to discredit this argument to some degree, but public officials have been sympathetic to the farmers' arguments. Some state legislatures, particularly in areas o f the country where urban expansion has placed upward pressures on land values, have adopted procedures to value farmland based on its agricultural productivity for purposes of assessing property tax.


Addressing The Ethical, Legal, And Social Issues Raised By Voting By Persons With Dementia, Jason H. Karlawish, Richard J. Bonnie, Paul S. Appelbaum, Constantine Lyketsos, Bryan James, David Knopman, Christopher Patusky, Rosalie A. Kane, Pamela S. Karlan Jul 2016

Addressing The Ethical, Legal, And Social Issues Raised By Voting By Persons With Dementia, Jason H. Karlawish, Richard J. Bonnie, Paul S. Appelbaum, Constantine Lyketsos, Bryan James, David Knopman, Christopher Patusky, Rosalie A. Kane, Pamela S. Karlan

Bryan G Kane MD

This article addresses an emerging policy problem in the United States participation in the electoral process by citizens with dementia. At present, health care professionals, family caregivers, and long-term care staff lack adequate guidance to decide whether individuals with dementia should be precluded from or assisted in casting a ballot. Voting by persons with dementia raises a series of important questions about the autonomy of individuals with dementia, the integrity of the electoral process, and the prevention of fraud. Three subsidiary issues warrant special attention: development of a method to assess capacity to vote; identification of appropriate kinds of assistance …


Immigration, Employment Opportunities, And Criminal Behavior, Matthew Freedman, Emily Owens, Sarah Bohn Jun 2016

Immigration, Employment Opportunities, And Criminal Behavior, Matthew Freedman, Emily Owens, Sarah Bohn

Matthew Freedman

We take advantage of provisions of the Immigration Reform and Control Act of 1986 (IRCA), which granted legal resident status to long-time unauthorized residents but created new obstacles to employment for more recent immigrants, to explore how employment opportunities affect criminal behavior. Exploiting administrative data on the criminal justice involvement of individuals in San Antonio, Texas and using a triple-differences strategy, we find evidence of an increase in felony charges filed against residents most likely to be affected by IRCA’s employment regulations. Our results suggest a strong relationship between access to legal jobs and criminal behavior.

Revisions requested at American …


Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh May 2016

Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh

Pasha L. HSIEH

The article analyzes Taiwan’s legitimacy debate over trade negotiations with China. The theoretical concept of legitimacy is used to assess Taiwan’s cross-straits negotiation mechanism and trade agreements. This article argues that Taiwan’s current legal framework governing congressional supervision of cross-straits agreements falls short of procedural legitimacy and performance legitimacy.  By explaining the constitutional design for Taiwan’s “white glove” mechanism, the article explores the initial procedural legitimacy deficit.  As cross-straits negotiations involve increasingly substantive obligations, the legitimacy of bilateral agreements has changed fundamentally. The massive protest in the Sunflower Movement due to the Services Trade Agreement reinforced legitimacy concerns. Taiwan’s ambiguous …


Multilevel Marketing Diffusion And The Risk Of Pyramid Scheme Activity: The Case Of Fortune Hi‐Tech Marketing In Montana, Stacie A. Bosley, Kim Mckeage Mar 2016

Multilevel Marketing Diffusion And The Risk Of Pyramid Scheme Activity: The Case Of Fortune Hi‐Tech Marketing In Montana, Stacie A. Bosley, Kim Mckeage

Stacie Bosley

While statisticians have simulated the expected rate of growth in pyramid schemes, this research examines actual data on the spread of an alleged pyramid scheme in Montana. Fortune Hi-Tech Marketing (FHTM) was a multilevel marketing firm, sued by six states and the Federal Trade Commission and permanently shut down in 2014. Data from a settlement with the State of Montana provide a population of participants in a geographic region with definable markets and offer unique insights into local contagion. The authors analyze the pattern of FHTM adoption within a diffusion-of-innovation framework. The findings confirm that nearly all adoption results from …


Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson Feb 2016

Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson

Philip M Stinson

Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing one or more …


Social Justice And Water Sustainability And Management, Brian H. Bornstein, Alan J. Tomkins, Sarah Michaels, Ashok Samal, Yunwoo Nam, Sandi Zellmer, Kyle Hoagland, David Olson Feb 2016

Social Justice And Water Sustainability And Management, Brian H. Bornstein, Alan J. Tomkins, Sarah Michaels, Ashok Samal, Yunwoo Nam, Sandi Zellmer, Kyle Hoagland, David Olson

David E. Olson

As the challenge of maintaining adequate water quantity and quality mounts worldwide, increasing attention is being paid to the role individual behavior plays in water resources management. Yet water resources management has attracted very little scholarly attention by psychologists. This chapter identifies how selected theories and methods from social scientific research on justice might inform water related decision making. This chapter illustrates how insights from psychological research on social justice can be employed to advance water resources management. Social justice, including issues of institutional regulation and behavior modification, is an essential consideration in the design and implementation of sustainable strategies …


A Non-Mainstream Perspective On The United States Foreign Policy An Essay, Mohan Limaye Dec 2015

A Non-Mainstream Perspective On The United States Foreign Policy An Essay, Mohan Limaye

Mohan Limaye

The intent of this paper is to induce the readers to think for themselves about the United States Foreign Policy (USFP) and not let the “experts” do it for them and, in the process, help get our country out of the foreign policy morass it has been in for the last at least seventy years.  It may be generally agreed that the ideological roots of USFP and the drivers of this nation’s actions in the global arena have been the constructs of Manifest Destiny and American Exceptionalism.  These ideas have led the US over the course of its history to …


Direitos Indígenas E Diversidade Cultural: Em Busca De Um Diálogo Transcontinental, Tracy Devine Guzmán Dec 2015

Direitos Indígenas E Diversidade Cultural: Em Busca De Um Diálogo Transcontinental, Tracy Devine Guzmán

Tracy Devine Guzmán

No abstract provided.


Smart Engagement: Planning And Decision-Making In Distressed Urban Neighborhoods, Justin Hollander, Michael P. Johnson Jr., Eliza D. Whiteman Dec 2015

Smart Engagement: Planning And Decision-Making In Distressed Urban Neighborhoods, Justin Hollander, Michael P. Johnson Jr., Eliza D. Whiteman

Michael P. Johnson

This book addresses the challenges and opportunities associated with the use of decision science and information technologies to help stabilize and revitalize distressed urban communities in the United States.

While cities in the U.S. grow and decline at various rates and for different underlying reasons, neighborhoods within cities that have faced sustained demographic and socio-economic challenges over time may have multiple factors in common, such as physical blight, widespread vacancies, underserved and marginalized populations and, in some cases, local markets that do not respond to traditional economic development strategies. These distressed communities are often indicative of high levels of spatial …


Building An Airplane While Flying It: One Community's Experience With Community Food Transformation, Catherine Sands, Carol Stewart, Sarah Bankert, Alexandra Hillman, Laura Fries Dec 2015

Building An Airplane While Flying It: One Community's Experience With Community Food Transformation, Catherine Sands, Carol Stewart, Sarah Bankert, Alexandra Hillman, Laura Fries

Catherine Sands

Across the country, local and regional food policy councils are collaborating to make healthy, affordable food more available to everyone. What ingredients are needed for a true collaboration that changes social and racial equity dynamics? How can these collaborations influence systems, policy, and awareness in school food environments, specifically? This reflective case study describes some of the accomplishments and challenges faced by the multistakeholder Holyoke Food and Fitness Policy Council (HFFPC) for nearly a decade. Using a mixed-method participatory evaluation approach to lift up diverse partners' insights, we conducted key informant interviews with people who were engaged with the project …


Comparison Excluding Commitments: Incommensurability, Adjudication, And The Unnoticed Example Of Trade Disputes, Sungjoon Cho, Richard Warner Dec 2015

Comparison Excluding Commitments: Incommensurability, Adjudication, And The Unnoticed Example Of Trade Disputes, Sungjoon Cho, Richard Warner

Sungjoon Cho

We claim that there are important cases of “incommensurability” in public policymaking, in which all relevant reasons are not always comparable on a common scale as better, worse, or equally good. Courts often fail to confront this. We are by no means the first to contend that incommensurability exists. Yet incommensurability’s proponents have failed to sway the courts mainly because they overlook the fact that there are two types of incommensurability. The first (“incompleteness incommensurability”) consists of the lack of any appropriate metric for making the comparison. We argue that this type of incommensurability is relatively unproblematic in that courts …


Shaping Expectations About Dads As Caregivers: Toward An Ecological Approach, Holning Lau Dec 2015

Shaping Expectations About Dads As Caregivers: Toward An Ecological Approach, Holning Lau

Holning Lau

A growing number of men embrace childcare responsibilities traditionally associated with women. Yet fathers who wish to be caregivers often face impediments. Legal scholars have focused attention on one of these impediments, the lack of workplace paternity leave, by calling on the government to mandate leave for new fathers. In this Essay, I argue that the focus on workplace policies is much too narrow. In light of cultural norms in the United States, there will be difficulty passing national legislation mandating paternity leave. Moreover, men shoulder cultural pressure not to take paternity leave even when it is offered. This Essay …