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Judicious Imprisonment, Gregory Jay Hall 2018 University of Pennsylvania Law School

Judicious Imprisonment, Gregory Jay Hall

Faculty Scholarship at Penn Law

Starting August 21, 2018, Americans incarcerated across the United States have been striking back — non-violently. Inmates with jobs are protesting slave-like wages through worker strikes and sit-ins. Inmates also call for an end to racial disparities and an increase in rehabilitation programs. Even more surprisingly, many inmates have begun hunger strikes. Inmates are protesting the numerous ills of prisons: overcrowding, inadequate health care, abysmal mental health care contributing to inmate suicide, violence, disenfranchisement of inmates, and more. While recent reforms have slightly decreased mass incarceration, the current White House administration could likely reverse this trend. President Donald Trump’s and ...


The Battle Over Fracking: The Mobilization Of Local Residents, Mehmet Soyer, Sebahattin Ziyanak 2018 Utah State University

The Battle Over Fracking: The Mobilization Of Local Residents, Mehmet Soyer, Sebahattin Ziyanak

The Qualitative Report

In the last decade, the natural gas industry has grown rapidly, and North Texas has become a major shale gas-producing area. This paper studies the power struggle of two rival groups (Frack Free Denton and Denton Tax Payers for a Strong Economy) over fracking in Denton. How did each of these groups challenge the claims-making activities and goals of their adversaries?” We conducted data from ten in-depth interviews from each side to compare concerns about fracking. This study focuses on the campaign of the two groups on each side of the debate. We developed the model of merging the theoretical ...


Evaluating The Impact Of Land Tenure Reform In Present-Day South Africa, Noah Katcher 2018 University of Pennsylvania

Evaluating The Impact Of Land Tenure Reform In Present-Day South Africa, Noah Katcher

Social Impact Research Experience (SIRE)

Since the end of apartheid in South Africa, land tenure reform has been discussed ceaselessly as a critical action to restore lasting inequities from the nation’s segregated history. In recent months, South African President Cyril Ramaphosa has introduced a proposal for a constitutional amendment supporting expropriation without compensation, stirring controversy and revolt throughout the country and across the globe. As questions continue to rise regarding the value of land reform and best practices for implementation, this paper identifies the relevant stakeholders in the debate over land reform and details the potential impacts of a redistributive mandate. Broadly speaking, this ...


Designing For Sustainable Outcomes: Espousing Behavioral Change Into Co-Production Programs, Ishani MUKHERJEE, Nilanjana MUKHERJEE 2018 Singapore Management University

Designing For Sustainable Outcomes: Espousing Behavioral Change Into Co-Production Programs, Ishani Mukherjee, Nilanjana Mukherjee

Research Collection School of Social Sciences

This paper uses a policy design perspective with which to examine the formulation of programmes that are based on the concept of co-production. In doing so, the paper reviews essential literature on policy design and co-production to identify that a limited focus on outcomes and specifically how behavioural change can make these outcomes sustainable represents a major gap in the current discussion of co-production. We firstly argue that in designing programmes involving co-production, outcomes need to be considered at the initial design stages where broad policy objectives are being defined. Secondly, we argue that for these outcomes to be sustainable ...


An Analysis Of The Universal Home Care Program: Considerations For Implementation With The Context Of Maine's Existing Ltss Programs, Eileen J. Griffin JD, Elizabeth C. Gattine JD, Louise Olsen, Stewart Bratesman MPP 2018 University of Southern Maine, Muskie School of Public Service

An Analysis Of The Universal Home Care Program: Considerations For Implementation With The Context Of Maine's Existing Ltss Programs, Eileen J. Griffin Jd, Elizabeth C. Gattine Jd, Louise Olsen, Stewart Bratesman Mpp

Disability & Aging

A citizen initiative on the November 2018 ballot (Question 1, An Act to Establish Universal Home Care for Seniors and Persons with Disabilities) would establish a "Universal Home Care Program" (UHC Program) to serve older adults and persons with a disability living in Maine. This report does not constitute either support for or opposition to the referendum but is intended as an independent assessment of how the UHC Program could be implemented if it were to be approved by Maine voters. This analysis focuses on the implications of the UHC Program within the context of the Medicaid and state-funded long ...


Citizens United As Bad Corporate Law, Leo E. Strine Jr., Jonathan Macey 2018 Supreme Court of Delaware; University of Pennsylvania Law School

Citizens United As Bad Corporate Law, Leo E. Strine Jr., Jonathan Macey

Faculty Scholarship at Penn Law

In this Article we show that Citizens United v. FEC, arguably the most important First Amendment case of the new millennium, is predicated on a fundamental misconception about the nature of the corporation. Specifically, Citizens United v. FEC, which prohibited the government from restricting independent expenditures for corporate communications, and held that corporations enjoy the same free speech rights to engage in political spending as human citizens, is grounded on the erroneous theory that corporations are “associations of citizens” rather than what they actually are: independent legal entities distinct from those who own their stock. Our contribution to the literature ...


The Tao Of The Dao: Taxing An Entity That Lives On A Blockchain, David J. Shakow 2018 University of Pennsylvania Law School

The Tao Of The Dao: Taxing An Entity That Lives On A Blockchain, David J. Shakow

Faculty Scholarship at Penn Law

In this report, Shakow explains how a decentralized autonomous organization functions and interacts with the U.S. tax system and presents the many tax issues that these structures raise. The possibility of using smart contracts to allow an entity to operate totally autonomously on a blockchain platform seems attractive. However, little thought has been given to how such an entity can comply with the requirements of a tax system. The DAO, the first major attempt to create such an organization, failed because of a programming error. If successful examples proliferate in the future, tax authorities will face significant problems in ...


The Salience Theory Of Consumer Financial Regulation, Natasha Sarin 2018 University of Pennsylvania Law School

The Salience Theory Of Consumer Financial Regulation, Natasha Sarin

Faculty Scholarship at Penn Law

Prior to the financial crisis, banks’ fee income was their fastest-growing source of revenue. This revenue was often generated through nefarious bank practices (e.g., ordering overdraft transactions for maximal fees). The crisis focused popular attention on the extent to which current regulatory tools failed consumers in these markets, and policymakers responded: A new Consumer Financial Protection Bureau was tasked with monitoring consumer finance products, and some of the earliest post-crisis financial reforms sought to lower consumer costs. This Article is the first to empirically evaluate the success of the consumer finance reform agenda by considering three recent price regulations ...


Closing The Relinquishment Gap: How Removing Firearms From Abusers Reduces Domestic Violence Against Women, Holly P. Black 4960310 2018 University of Tennessee, Knoxville

Closing The Relinquishment Gap: How Removing Firearms From Abusers Reduces Domestic Violence Against Women, Holly P. Black 4960310

Chancellor’s Honors Program Projects

No abstract provided.


The ‘Just City’ Or Just A City? : Evaluating Social Justice And Equity In Planning Education., Wes Grooms 2018 University of Louisville

The ‘Just City’ Or Just A City? : Evaluating Social Justice And Equity In Planning Education., Wes Grooms

Electronic Theses and Dissertations

Contemporary evaluations of accredited planning education performance have eschewed the principles and methodologies of formal program evaluation and performance management. This dissertation tests hypotheses that this contributes to the lack of social equity and justice commitment, content, and inquiry on the part of accredited graduate planning degree programs, their clients, and administrators. The organizations, resources, and processes involved in the purveyance of accredited graduate planning education were conceptualized as a singular, evaluable program and illustrated in a series of program logic models. These models revealed sources of the inattentiveness to normative issues that past evaluations have evidenced, and informed assertions ...


Capacities And Customization In Policy Design, Ishani MUKHERJEE, Azad BALI 2018 Singapore Management University

Capacities And Customization In Policy Design, Ishani Mukherjee, Azad Bali

Research Collection School of Social Sciences

Most policy designers face complex and intractable challenges that require assembling the mostappropriate set of policy instruments to address complex policy goals, especially when sometimesthese goals may emerge out of unforeseen policy problems. In the ideal case of policy design, themost suitable instruments can be chosen and assembled into new policy packages that are appropriately calibrated and customized to address the new policy problem context. Such exceptionaldesign circumstances would also mean that relevant policy actors and organizations engaged inthe design activity are endowed with the necessary analytical, operational and political policycapacities.


Policy Design And Non-Design: A Continuum Of Formulation Modalities, Michael HOWLETT, Ishani MUKHERJEE 2018 Singapore Management University

Policy Design And Non-Design: A Continuum Of Formulation Modalities, Michael Howlett, Ishani Mukherjee

Research Collection School of Social Sciences

Public policies are the result of efforts made by governments to alter aspects of behavior—both that of their own agents and of society at large—in order to carry out some end or purpose. They are comprised of complex arrangements of policy goals and policy means matched through some decision-making process. These policymaking efforts can be more, or less, systematic in attempting to match ends and means in a logical fashion or can result from much less systematic or rational processes. ‘Policy design’ implies a knowledge-based process in which the choice of means or mechanisms through which policy goals ...


Pretrial Release And Failure-To-Appear In Mclean County, Il, Jonathan Monsma 2018 Illinois State University

Pretrial Release And Failure-To-Appear In Mclean County, Il, Jonathan Monsma

Stevenson Center for Community and Economic Development to Stevenson Center for Community and Economic Development—Student Research

Actuarial risk assessment tools increasingly have been employed in jurisdictions across the U.S. to assist courts in the decision of whether someone charged with a crime should be detained or released prior to their trial. These tools should be continually monitored and researched by independent 3rd parties to ensure that these powerful tools are being administered properly and used in the most proficient way as to provide socially optimal results. McLean County, Illinois began using the Public Safety Assessment-CourtTM (PSA-Court or simply PSA) risk assessment tool beginning in 2016. This study culls data from the McLean County ...


Behavioral Finance, Decumulation And The Regulatory Strategy For Robo-Advice, Tom Baker, Benedict Dellaert 2018 University of Pennsylvania Law School

Behavioral Finance, Decumulation And The Regulatory Strategy For Robo-Advice, Tom Baker, Benedict Dellaert

Faculty Scholarship at Penn Law

This working paper surveys the decumulation services offered by investment robo-advisors as a case study with which to examine regulatory and market structure issues raised by automated financial advice. We provide a short introduction to decumulation, describing some of the uncertainties involved in identifying optimal decumulation strategies and sketching a few of the ‘rules of thumb’ that financial advisors have developed in this area in the face of this uncertainty. Next we describe behavioral effects that could inhibit consumers from following an optimal decumulation strategy, concluding that, left to their own devices, consumers are likely to make sub-optimal decumulation decisions ...


Intellectual Property And The Economics Of Product Differentiation, Christopher S. Yoo 2018 University of Pennsylvania Law School

Intellectual Property And The Economics Of Product Differentiation, Christopher S. Yoo

Faculty Scholarship at Penn Law

The literature applying the economics of product differentiation to intellectual property has been called the most important development in the economic analysis of IP in years. Relaxing the assumption that products are homogeneous yields new insights by explaining persistent features of IP markets that the traditional approaches cannot, challenging the extent to which IP allows rightsholders to earn monopoly profits, allowing for sources of welfare outside of price-quantity space, which in turn opens up new dimensions along which intellectual property can compete. It also allows for equilibria with different welfare characteristics, making the tendency towards systematic underproduction more contingent and ...


Crime Futures Market, Adam White 2018 Bowling Green State University

Crime Futures Market, Adam White

Adam White

Responding to the legally guilty is typically presented as a choice between incarceration and rehabilitation.  This paper suggests a third option: preemptive rehabilitation.  The argument presents an innovative institutional approach and a unique moral justification.  The vision is a crime futures market that transfers the risk of potential crime away from undeserving victims and into the portfolios of willing investors.  Instead of taxpayers paying exclusively for prisons, the proposal would allow young adults to sign contracts to not get involved in crime, but pay the award only upon their future success.  Because the contracts represent a future payment they are ...


Fare Policy And Vertical Equity: The Trade-Off Between Affordability And Cost Recovery, Xavier J. Harmony 2018 Northeast Corridor Commission

Fare Policy And Vertical Equity: The Trade-Off Between Affordability And Cost Recovery, Xavier J. Harmony

Journal of Public Transportation

Vertical equity and the maximization of farebox revenue are important but conflicting goals in the development of fare policy in the United States. Reducing fares for low-income riders reduces revenue for a transit agency, while increasing fares could disproportionately impact lower-income riders. This paper details this conflict, explores strategies that could account for both goals, and evaluates fare programs in the United States. Two types of low-income strategies are discussed: first generation strategies and targeted subsidy strategies. First generation strategies have several limitations that targeted subsidy strategies account for; first generation strategies focus more on supply, while targeted subsidy strategies ...


Climate Refugees: Establishing Legal Responses And U.S. Policy Possibilities, Steven Tetrick 2018 University of Minnesota, Morris

Climate Refugees: Establishing Legal Responses And U.S. Policy Possibilities, Steven Tetrick

Scholarly Horizons: University of Minnesota, Morris Undergraduate Journal

“Climate Refugee” describes a person who is forced to leave their home or community due to changes to the local environment, such as rising sea level, drought, famine, or other side effects of climate change. A study from the United Nations High Commission for Refugees estimates that with the current rate of climate change, 250 million people will become climate refugees by 2050. Under the current global institutions, climate refugees are not granted legal refugee rights and there are no specific legal frameworks protecting them at the international or national levels. This paper will focus on refugee and immigration policy ...


Public Service Values And Disparate Performance: The Case Of Section 8 Housing Choice Voucher (Hcv) Program, Melissa Gomez Hernandez 2018 Florida International University

Public Service Values And Disparate Performance: The Case Of Section 8 Housing Choice Voucher (Hcv) Program, Melissa Gomez Hernandez

FIU Electronic Theses and Dissertations

Public administration scholars accept that public service values guide administrators’ behavior. This guidance also derives from social and cultural values that motivate administrators’ individual attitudes. A part of the field recognizes that public servants play an active role during the implementation process through their daily use of discretion. Nevertheless, public administrators’ values and attitudes are rarely linked to policy implementation and organizational performance. In consequence, public policy evaluation seldom considers the role of values and attitudes of those implementing policy.

This study examines how public administrators’ values and attitudes towards citizens shape policy implementation and influence organizational and program performance ...


Consolidation And Elimination Of North Dakota School Districts: A Research Note, Nicholas Bauroth 2018 North Dakota State University - Main Campus

Consolidation And Elimination Of North Dakota School Districts: A Research Note, Nicholas Bauroth

Online Journal of Rural Research & Policy

In 1940, there were 2,272 school districts across North Dakota; by 1960, there were ‘only’ 1,351. This study examines the consolidation and elimination of school districts across North Dakota from 1950 to 1966. It finds that the decline in school district numbers was largely driven by the end of one-room schoolhouses as a means of providing public education, though school district taxes and county population density played a significant role as well.


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