Progressive Policy-Making on the Local Level: Rethinking Traditional Notions of Federalism

Due, in part, to Justice Brandeis\u27 famous dissent, many have presumed that the states are the most fertile ground for policy innovation. However, with their transformation from smaller urban and rural centers to major metropolitan regions, local governments may prove even more fruitful agents of social change and laboratories for policy experimentation. Indeed, local governments are critical components of our federal system and embody the values of federalism both in theory and practice. Local governments have trailblazed in legal and policy arenas where the federal and state governments could not (or would not) engage: gay rights and gay marriage, campaign finance and other electoral reforms, climate change, illegal immigration ordinances, and living wage laws, to name but a few. Yet local governments\u27 powers are drastically limited by a perhaps overzealous preemption doctrine. This, in turn, thwarts local governments\u27 ability to serve as effective laboratories for democracy and policy innovation. This preemption doctrine also may run afoul of the original intent of the home rule movement in state and local government law. Accordingly, this Article questions the wisdom of the current preemption doctrine that limits local governments\u27 ability to serve as Petri dishes for innovative policies that might translate well to the state and federal levels of government

The Great Recession and Its Implications for Community Policing

During the last twenty years, community policing has been the dominant approach to local law enforcement. Community policing is based, in part, on the broken windows theory of public safety. The broken windows theory suggests a link between low-level crime and violent crime — that is, if minor offenses are allowed to pervade a community, they will lead to a proliferation of crime and, ultimately, a community plagued by violent crime. To maintain a perception of community orderliness, many local governments adopted “order maintenance” laws — such as panhandling ordinances and anti-homeless statutes. This emphasis on cracking down on such low-level offenses brought with it an increase in the needs and costs of policing, prosecutions, jails, social services, and other related resources.When the economy was flourishing, local governments were able to pay for the time- and resource-intensive broken windows approach to community policing. The Great Recession, however, has forced localities to think critically about whether they can sustain these practices given budget cuts. This Article analyzes the effects that the downturn in the economy has had on public safety budgets and the changes that many local governments have made, and are continuing to make, to adjust to decreasing revenue and resources. This Article will also explore proposed changes to the current criminal justice and social service systems that seek cost-effective approaches to deliver the same level of public safety to which communities are accustomed. In particular, this Article will assess and evaluate evidence-based decision-making — an emerging trend in some criminal justice systems — as part of an evolving trend driven by the effects of the Great Recession, but also stemming out of community policing. Finally, this Article will use Milwaukee County, Wisconsin, as an example of an evidence-based decision-making approach and explain how it can fulfill the public safety goals of the broken windows theory of community policing while creating a framework that provides for “smart” decision-making that accounts for the financial realities that most cities face

Race, Speech, and Sports

Race, sports, and free speech rights intersected in a very controversial and public way during the 2016 and 2017 National Football League (“NFL”) seasons. On August 26, 2016, Colin Kaepernick spurred a national debate when he refused to stand during the playing of the national anthem before the NFL preseason game between the Green Bay Packers and the San Francisco 49ers, Kaepernick’s team at the time

The Potential Unintended Consequences of the \u3cem\u3eO\u27Bannon\u3c/em\u3e Decision

The O’Bannon decision made a significant change to one of the philosophical pillars of intercollegiate athletics in allowing for greater compensation for student athletes. At the same time, the court took only an incremental step in the direction of pay for college athletes: The decision was limited to football and men’s basketball players—as opposed to non-revenue-generating sports—and it set a yearly cap of $5,000 for each of these athletes. However, the court left open the possibility for—indeed, it almost seemed to invite—future challenges to the National Collegiate Athletic Association’s restrictions on student-athlete compensation. In this regard, the court’s incremental step in college athlete pay may be a harbinger of more dramatic and structural changes to come in the college athletic system. While this Essay does not take a normative position on the legal or economic justifications for such a possible change in intercollegiate athletics, it does seek to describe some of the potential unintended consequences of a free(r) marketplace for student-athlete services. In particular, this Essay analyzes the possible implications and impact on Title IX, as well as college athletic opportunities and values more generally. In doing so, this Essay attempts to explain why the court’s more cautious approach may be needed going forward to balance the varied interest in the college athletic system

Impact of chemical and meteorological boundary and initial conditions on air quality modeling: WRF-Chem sensitivity evaluation for a European domain

This study evaluates the impact of different chemical and meteorological boundary and initial conditions on the state-of-the-art Weather Research and Forecasting (WRF) model with its chemistry extension (WRF-Chem). The evaluation is done for July 2005 with 50km horizontal resolution. The effect of monthly mean chemical boundary conditions derived from the chemical transport model LMDZ-INCA on WRF-Chem is evaluated against the effect of the preset idealized profiles. Likewise, the impact of different meteorological initial and boundary conditions (GFS and Reanalysis II) on the model is evaluated. Pearson correlation coefficient between these different runs range from 0.96 to 1.00. Exceptions exists for chemical boundary conditions on ozone and for meteorological boundary conditions on PM10, where coefficients of 0.90 were obtained. Best results were achieved with boundary and initial conditions from LMDZ-INCA and GFS. Overall, the European simulations show encouraging results for observed air pollutant, with ozone being the most and PM10 being the least satisfyin

A collaboration to improve perioperative acute pain care at the University Teaching Hospital of Butare, Rwanda

BACKGROUND: A perioperative acute pain care program integrating standardized assessment and treatment forms into pain care was developed and implemented at an urban hospital in Rwanda through a collaboration between Rwandan and Canadian experts. This study evaluated the perioperative acute pain care program using a quality improvement lens. METHODS: Using the Model for Improvement: Plan, Do, Study, Act (PDSA) cycle, a mixed methods evaluation was performed. Over one year, 519 randomized patient chart audits were conducted and analyzed through control charts. Through purposeful sampling, focus groups comprised ofsurgeons and nurses (N=34) involved in pain care in surgery, obstetrics, and anesthesiology were performed and analyzed via thematic coding. RESULTS: The average attempted form completion rate across all forms varied monthly between 56-93% (mean=79%; median=81%). Across all forms, both the mean and median total number of errors per form were 12.5. Enablers of form use included improved pain care for patients and feelings of professional satisfaction. Program implementation was challenged by resource constraints, form integration, and health care provider training. CONCLUSION: Future quality improvement collaborations should identify and address improved pain care while working with local experts to ensure PDSA cycles are continuous, and evidence based