UA Research Summary No. 18

Health-care spending for Alaskans reached about $7.5 billion in 2010. For comparison, that’s close to half the wellhead value of all the oil produced in Alaska that year. It’s also roughly equal to half the wages Alaskans collected in 2010. The state’s health-care spending has been rising fast, tripling since 1990 and jumping 402010—and at current trends it could double by 2020, reaching more than$14 billion. Here we report on who’s paying the bills, what we’re buying, what’s contributing to the growth, and other aspects of health-care spending. We conclude with a discussion of how Alaska could get better value for its health-care dollars

Foreign Sovereign Immunity, Individual Officials, and Human Rights Litigation

For thirty years, international human rights litigation in U.S. courts has developed with little attention to a lurking doctrinal objection to the entire enterprise. The paradigm international human rights case involves a suit against a foreign government official for alleged abuses committed abroad under color of state law. A potentially dispositive objection to this litigation is foreign sovereign immunity. The Foreign Sovereign Immunities Act (FSIA) creates presumptive immunity for foreign states and has no exception that would cover human rights cases. Many courts have assumed that the FSIA has no relevance to human rights suits as long as they are directed against state officials rather than the state itself. Recently, however, courts have begun to reject this assumption, and the issue is now before the Supreme Court in Yousuf v. Samantar. This essay makes two contributions to the debate over whether the FSIA applies to suits against individual foreign officials. First, it shows that, contrary to what some courts have assumed, suits against individual officials fall naturally within the plain language of the FSIA’s immunity provisions. Second, it shows that the international law of state immunity, which is relevant to the proper interpretation of the FSIA in several ways, supports this construction. Combining these and other points, the essay concludes that the FSIA confers presumptive immunity in suits against state officials, including former state officials, for their official acts committed while in office, and that this immunity applies even in human rights cases. This conclusion, if accepted, would narrow the scope of human rights litigation in U.S. courts, but it would not affect other legitimate mechanisms of human rights accountability

Foreign Sovereign Immunity and Domestic Officer Suits

Under international law, official-capacity suits brought against a foreign state’s officers are treated as suits against the state itself and thus as subject to the state’s immunity, even in suits alleging human rights abuses. This immunity regime differs from the immunity regime that applies in the United States in suits brought against state and federal officials for violations of federal law. Despite the federal government’s sovereign immunity and the immunity of state governments under Eleventh Amendment jurisprudence, courts often allow suits against federal and state officers for their official actions. This essay attempts to explain why the immunity rules differ between the two regimes. We begin by showing that the differential treatment of foreign and domestic officer suits has deep roots in British and American common law. We then show that Congress has not acted to alter this common law backdrop, and we explain the significance of this fact. Finally, we discuss functional reasons for the long-time differential treatment of suits against domestic and foreign officials

Congressional Authorization and the War on Terrorism

This Article presents a framework for interpreting Congress\u27s September 18, 2001 Authorization for Use of Military Force (AUMF), the central statutory enactment related to the war on terrorism. Although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism. The framework presented in this Article builds on the analysis in the Supreme Court\u27s plurality opinion in Hamdi v. Rumsfeld, which devoted significant attention to the AUME Under that framework, the meaning of the AUMF is determined in the first instance by its text, as informed by a comparison with authorizations of force in prior wars, including declared wars. In ascertaining the scope of the necessary and appropriate force that Congress authorized in the AUMF, courts should look to two additional interpretive factors: Executive Branch practice during prior wars, and the international laws of war. Although nondelegation concerns should not play a significant role in interpreting the AUMF, a clear statement requirement is appropriate when the President takes actions under the AUMF that restrict the liberty of non-combatants in the United States. The authors apply this framework to three specific issues in the war on terrorism: the identification of the enemy, the detention of persons captured in the United States, and the validity of using military commissions to try alleged terrorists

Putting It All Together: Guiding Principles for Quality After-School Programs Serving Preteens

Successfully navigating early adolescence depends, in large part, on the availability of safe and engaging activities and supportive relationships with adults, yet many preteens have limited access to positive supports and opportunities -- such as high-quality after-school programs -- that could put them on a path to success. Funders, policymakers and practitioners share the common goal of supporting strategies that will have the most long-lasting positive effects on young people.Recognizing this, the Lucile Packard Foundation for Children's Health commissioned P/PV to identify the characteristics of quality after-school programs that are linked to positive outcomes for preteens. Based on the latest research and experience in the field, P/PV developed the publication, Putting It All Together: Guiding Principles for Quality After-School Programs Serving Preteens, along with a companion Resource Guide (http://www.lpfch.org/afterschool/resourceguide.html) that includes links to research and tools to strengthen programs.Putting It All Together focuses on six after-school program components associated with positive outcomes for preteens:Focused and Intentional Strategy: Programs have a clear set of goals, target specific skills, and deliberately plan all aspects of the program with a youth development framework in mind.Exposure: Programs are designed to: a) provide preteens with a sufficient number of hours per week over an extended period of time, that matches program outcome goals; and b) allow preteens to attend a variety of activities.Supportive Relationships: Programs emphasize positive adult-youth relationships regardless of the curriculum.Family Engagement: Programs strive to include families through various strategies, such as clear communication and a welcoming environment.Cultural Competence: Programs have diverse staff whose backgrounds are reflective of participants and who create practices and policies that: a) make services available to and inclusive of a variety of populations; and b) help participants understand and value a broad range of cultures.Continuous Program Improvement: Programs strengthen quality through an ongoing and integrated process of targeted staff training, coaching and monitoring, and data collection and analysis.While a host of factors, including organizational capacity, the needs of the youth served and the resources available, all play a role in determining a program's ability to achieve its goals, research suggests that these guiding principles are essential for program quality. That quality, in turn, is the foundation for positive results for youth.NOTE: This version of Putting It All Together contains a full list of endnotes and references, which we chose to omit from hard copies of the report, in the interest of brevity

Promoting Emotional and Behavioral Health in Preteens: Benchmarks of Success and Challenges Among Programs in Santa Clara and San Mateo Counties

P/PV conducted a two-year study for The Lucile Packard Foundation for Children's Health to assess the effectiveness of the foundation's youth development grantmaking program and to offer lessons for future grantmaking endeavors. The resulting report describes benchmarks of quality programs for youth and strategies for addressing common program challenges

Bayesian Functional Data Analysis Using WinBUGS

We provide user friendly software for Bayesian analysis of functional data models using \pkg{WinBUGS}~1.4. The excellent properties of Bayesian analysis in this context are due to: (1) dimensionality reduction, which leads to low dimensional projection bases; (2) mixed model representation of functional models, which provides a modular approach to model extension; and (3) orthogonality of the principal component bases, which contributes to excellent chain convergence and mixing properties. Our paper provides one more, essential, reason for using Bayesian analysis for functional models: the existence of software.