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The Ecology Of Transparency Reloaded, Seth F. Kreimer 2018 University of Pennsylvania Law School

The Ecology Of Transparency Reloaded, Seth F. Kreimer

Faculty Scholarship at Penn Law

As Justice Stewart famously observed, "[t]he Constitution itself is neither a Freedom of Information Act nor an Official Secrets Act." What the Constitution's text omits, the last two generations have embedded in "small c" constitutional law and practice in the form of the Freedom of Information Act and a series of overlapping governance reforms including Inspectors General, disclosure of political contributions, the State Department’s “Dissent Channel,” the National Archives Information Security Oversight Office, and the publication rights guaranteed by New York Times v. United States. These institutions constitute an ecology of transparency.

The late Justice Scalia argued ...


The Price Of Scottish Independence: Why Remaining A Part Of The Uk Still Makes Sense In The Wake Of Brexit, Lincoln Wilcox 2018 Brigham Young University

The Price Of Scottish Independence: Why Remaining A Part Of The Uk Still Makes Sense In The Wake Of Brexit, Lincoln Wilcox

Sigma: Journal of Political and International Studies

No abstract provided.


The History Of Massachusetts Transfer And Articulation Policies In Contexts Of Evolving Higher Education System Structure, Coordination, And Policy Actors, Daniel de la Torre, Jr. 2018 University of Massachusetts Amherst

The History Of Massachusetts Transfer And Articulation Policies In Contexts Of Evolving Higher Education System Structure, Coordination, And Policy Actors, Daniel De La Torre, Jr.

Doctoral Dissertations

Community colleges carry out dual missions providing occupational and collegiate preparation in local communities across the United States. These institutions prepare students for advanced study via transfer policies that lead to enrollment in baccalaureate institutions. State higher education systems use transfer and articulation policies to strengthen academic pathways between two-year and four-year institutions. These policies rely on established governance to facilitate student transfer between sectors. The transfer and articulation literature stresses the importance of statewide policy guidelines, yet little has been written about the process of transfer policy development involving state higher education governance and policy groups and actors.

The ...


Paid Parental Leave In The United States: Reconciling Competing Demands, Sydney Joseph 2018 Claremont Colleges

Paid Parental Leave In The United States: Reconciling Competing Demands, Sydney Joseph

CMC Senior Theses

The United States is the only developed nation that fails to provide its citizens with paid parental leave. The lack of parental benefit provision operates to the detriment of individuals and society as a whole by contributing to inequity across gender, race, socioeconomic status, and sexual orientation. As the demographics of the American workforce have changed, public policy has not kept pace. Paid parental leave is associated a number of health, economic, and social benefits. However, the greatest barrier to legislating paid parental leave is the philosophical underpinnings of American politics, specifically the strong current of liberal individualism and absence ...


Who Was The Man In Mexico? The Degree To Which The Mexican State Enjoyed Autonomy And Sovereignty With Respect To Its National And International Relationships From 1958 To 1964, Sebastian Carrasco 2018 Bard College

Who Was The Man In Mexico? The Degree To Which The Mexican State Enjoyed Autonomy And Sovereignty With Respect To Its National And International Relationships From 1958 To 1964, Sebastian Carrasco

Senior Projects Spring 2018

Senior Project submitted to The Division of Social Studies of Bard College.


Progressive Antitrust, Herbert J. Hovenkamp 2018 University of Pennsylvania Law School

Progressive Antitrust, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Several American political candidates and administrations have both run and served under the “progressive” banner for more than a century, right through the 2016 election season. For the most part these have pursued interventionist antitrust policies, reflecting a belief that markets are fragile and in need of repair, that certain interest groups require greater protection, or in some cases that antitrust policy is an extended arm of regulation. This paper argues that most of this progressive antitrust policy was misconceived, including that reflected in the 2016 antitrust plank of the Democratic Party. The progressive state is best served by a ...


The Global Diffusion Of Law: Transnational Crime And The Case Of Human Trafficking, Beth A. Simmons, Paulette Lloyd, Brandon M. Steward 2018 University of Pennsylvania Law School

The Global Diffusion Of Law: Transnational Crime And The Case Of Human Trafficking, Beth A. Simmons, Paulette Lloyd, Brandon M. Steward

Faculty Scholarship at Penn Law

The past few decades have seen the proliferation of new laws criminalizing certain transnational activities, from money laundering to corruption; from insider trading to trafficking in weapons and drugs. Human trafficking is one example. We argue criminalization of trafficking in persons has diffused in large part because of the way the issue has been framed: primarily as a problem of organized crime rather than predominantly an egregious human rights abuse. Framing human trafficking as an organized crime practice empowers states to confront cross border human movements viewed as potentially threatening. We show that the diffusion of criminalization is explained by ...


Priorities For School Safety: The Alignment Between Federal And State School Safety Legislation And Safety Needs As Perceived By Education Stakeholders In Florida Private Schools For Exceptional Students, Anthony D. Mortimer 2018 University of North Florida

Priorities For School Safety: The Alignment Between Federal And State School Safety Legislation And Safety Needs As Perceived By Education Stakeholders In Florida Private Schools For Exceptional Students, Anthony D. Mortimer

UNF Graduate Theses and Dissertations

This study investigates the apparent threat assessment priorities of potential risks to safety in the school environment in the United States and whether stakeholders in Florida private schools that serve exceptional students agree with the priority given to specific identified potential threats. Faculty and staff, high school students, and the students’ parents and guardians at four Florida private schools for exceptional students rated their perceptions of the severity and likelihood of occurrence of nine potential threats identified in a review of federal and Florida state school safety laws and national and state government surveys of incident occurrences. Results showed that ...


The Empty Idea Of “Equality Of Creditors”, David A. Skeel Jr. 2018 University of Pennsylvania Law School

The Empty Idea Of “Equality Of Creditors”, David A. Skeel Jr.

Faculty Scholarship at Penn Law

For two hundred years, the equality of creditors norm—the idea that similarly situated creditors should be treated similarly—has been widely viewed as the most important principle in American bankruptcy law, rivaled only by our commitment to a fresh start for honest but unfortunate debtors. I argue in this Article that the accolades are misplaced. Although the equality norm once was a rough proxy for legitimate concerns, such as curbing self-dealing, it no longer plays this role. Nor does it serve any other beneficial purpose.

Part I of this Article traces the historical emergence and evolution of the equality ...


Utah’S Watershed Restoration Initiative: Restoring Watersheds At A Landscape Scale, Alan G. Clark, Tyler W. Thompson, Jason L. Vernon, Alison Whittakker 2017 Utah Department of Natural Resources

Utah’S Watershed Restoration Initiative: Restoring Watersheds At A Landscape Scale, Alan G. Clark, Tyler W. Thompson, Jason L. Vernon, Alison Whittakker

Human–Wildlife Interactions

Abstract: The Utah Watershed Restoration Initiative (WRI) is a partnership-based program, administered by the Utah Department of Natural Resources, which seeks to improve the functional capacity of high priority watersheds throughout the state. Since its inception in 2006, the WRI partnership has completed nearly 1,500 projects to restore and rehabilitate over 526,091 ha in Utah watersheds. The WRI program is unique to the west, in that it transcends jurisdictional boundaries, and local, state, and federal management authority to focus finite resources on completing high priority conservation projects. We surveyed selected WRI selected participants in 2015 to determine what ...


Crowdsourcing: A New Tool For Policy-Making?, Araz TAEIHAGH 2017 Singapore Management University

Crowdsourcing: A New Tool For Policy-Making?, Araz Taeihagh

Research Collection School of Social Sciences

Crowdsourcing is rapidly evolving and applied in situations where ideas, labour, opinion or expertise of large groups of people is used. Crowdsourcing is now used in various policy-making initiatives; however, this use has usually focused on open collaboration platforms and specific stages of the policy process, such as agenda-setting and policy evaluations. Other forms of crowdsourcing have been neglected in policy-making, with a few exceptions. This article examines crowdsourcing as a tool for policy-making and explores the nuances of the technology and its use and implications for different stages of the policy process. The article addresses questions surrounding the role ...


Workarounds In Nonprofit Management: Counter Theory For Best Practices Innovation, Stuart C. Mendel 2017 Nonprofit Academic Centers Council

Workarounds In Nonprofit Management: Counter Theory For Best Practices Innovation, Stuart C. Mendel

Journal of Ideology

One quiet aspect of the exercise of best practices in nonprofit operations settings is that managers typically must engage in creative problem solving to accommodate exceptions or unanticipated conditions. Problem solving may be perceived as situational until the frequency of the “workarounds” give pause to decision-makers, leading some to challenge the validity of the best practice. This essay uses inductive method inquiry drawing upon existing nonprofit management literature on best practices, workarounds and related topics. The essay posits that workarounds are an underappreciated component of nonprofit management theory.


Instrument Constituencies And Public Policy-Making: An Introduction, Daniel BELAND, Michael HOWLETT, Ishani MUKHERJEE 2017 Singapore Management University

Instrument Constituencies And Public Policy-Making: An Introduction, Daniel Beland, Michael Howlett, Ishani Mukherjee

Research Collection School of Social Sciences

For many years, policy-making has been envisioned as a process in which subsets of policy actors engage in specific types of interactions involved in the definition of policy problems, the articulation of solutions and their matching or enactment. This activity involves the definition of policy goals (both broad and specific), the creation or identification of the means and mechanisms that need to be implemented to realize these goals, and the set of bureaucratic, partisan, electoral and other political struggles involved in their acceptance and transformation into action. While past research on policy subsystems has often assumed or implied that these ...


Instrument Constituencies And Public Policy-Making: An Introduction, Daniel BELAND, Michael HOWLETT, Ishani MUKHERJEE 2017 Singapore Management University

Instrument Constituencies And Public Policy-Making: An Introduction, Daniel Beland, Michael Howlett, Ishani Mukherjee

Research Collection School of Social Sciences

For many years, policy-making has been envisioned as a process in which subsets of policy actors engage in specific types of interactions involved in the definition of policy problems, the articulation of solutions and their matching or enactment. This activity involves the definition of policy goals (both broad and specific), the creation or identification of the means and mechanisms that need to be implemented to realize these goals, and the set of bureaucratic, partisan, electoral and other political struggles involved in their acceptance and transformation into action. While past research on policy subsystems has often assumed or implied that these ...


Trumping Norms: Whither The International Liberal Order?, Maureen Jones 2017 The Graduate Center, City University of New York

Trumping Norms: Whither The International Liberal Order?, Maureen Jones

All Dissertations, Theses, and Capstone Projects

This paper’s main objective is to develop potential theories on the future of American foreign policy within the Trump Administration. The paper will begin by evaluating the norm of statehood and will discuss the contributions of John Meyer to the statehood discourse. Through analysis of Meyer’s work, this paper will develop a standardized structure of statehood within the global order. Furthermore, the paper will analyze the Westphalian international order and discuss the viability of this system leading up to 2017. The Westphalian international system has been the primary system for which nation-states aim to gain acceptance and its ...


The New American Slavery: Capitalism And The Ghettoization Of American Prisons As A Profitable Corporate Business, David A. Liburd 2017 The Graduate Center, City University of New York

The New American Slavery: Capitalism And The Ghettoization Of American Prisons As A Profitable Corporate Business, David A. Liburd

All Dissertations, Theses, and Capstone Projects

The labor of enslaved Africans and Black Americans played a large part in the history of colonial America, with the American plantation being the epicenter for all that was to be produced. While the two have never been completely tied together, capitalism and modern day slavery have been linked with one another. Some analysis sees slavery as a remote form of capitalism, a substitute, to an antiquated form of labor in the modern world.

Slave plantations adopted a new concentration in size and management, referred to by W.E. DuBois as a change "from a family institution to an industrial ...


Trigger Crimes & Social Progress: The Tragedy-Outrage-Reform Dynamic In America, Paul H. Robinson, Sarah M. Robinson 2017 University of Pennsylvania Law School

Trigger Crimes & Social Progress: The Tragedy-Outrage-Reform Dynamic In America, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship at Penn Law

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. It is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of everyday existence but some crimes make people stop and take notice – because they are so outrageous or so heart-wrenching.

This brief essay explores the dynamic of tragedy, outrage, and reform, illustrating how certain kinds of crimes can trigger real social progress. Several dozen such “trigger crimes” are identified but four in particular are ...


Comment Data From Ceri, 4-3-2017, Cornell eRulemaking Initiative 2017 Cornell University Law School

Comment Data From Ceri, 4-3-2017, Cornell Erulemaking Initiative

Cornell e-Rulemaking Initiative Publications

This file contains comment data from ten live policy discussions held on RegulationRoom.org and SmartParticipation.com from May 2010 to November 2016. A cross-disciplinary group of Cornell researchers, the Cornell eRulemaking Initiative (CeRI), created the experimental platforms for public participation in policymaking processes. CeRI used selected live federal agency rulemakings and other policy discussions to discover how the design and process of online engagement can support public discussion that is informed, inclusive and insightful.


Health Budget Tracking At Local Levels: A Training Manual For Uganda’S Youth Leaders And Advocates, Rehema Z. Namukose Ms. 2017 SIT Graduate Institute

Health Budget Tracking At Local Levels: A Training Manual For Uganda’S Youth Leaders And Advocates, Rehema Z. Namukose Ms.

Capstone Collection

Uganda’s decentralization policy was introduced in 1997 under the Local Government Act to transfer power from central government to local government levels. The main purpose was to promote participation of all citizens in decision making processes to enhance responsibility and accountable monitoring of services delivered to citizens at all levels. The policy “aimed to achieve efficiency and effectiveness” in services delivered and managed at lower levels (Kebba & Ntanda, 2005). But how were citizens at local levels going to participate in accountability processes? How would they monitor the quality of services delivered under this policy framework? In what ways were ...


More Women In Parliament: Advocacy Lessons Learned From The Georgian Women’S Task Force On Political Participation, Emma Shattuck 2017 SIT Graduate Institute

More Women In Parliament: Advocacy Lessons Learned From The Georgian Women’S Task Force On Political Participation, Emma Shattuck

Capstone Collection

Emma Shattuck – PIM 75

MORE WOMEN IN PARLIAMENT: ADVOCACY LESSONS LEARNED

FROM THE GEORGIAN WOMEN’S TASK FORCE ON POLITICAL PARTICIPATION

May 2017

This Policy Advocacy Course-Linked Capstone is a case study of an on-going advocacy campaign to increase women’s political participation in the Republic of Georgia’s Parliament. It tells the story of a dedicated group of advocates who are determined to help Georgian women’s voices be heard in a primarily male-dominated political context. Drawing on my personal experience living and working in Tbilisi, Georgia, and based on comprehensive key informant interviews with leaders of the campaign ...


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