Listening Project

In an effort to better serve Southeast and Coastal Georgia, The Coastal Rivers Water Planning & Policy Center tapped the thoughts of several key stakeholders on water issues in our region.The Center was created in 2001 with a continuing mission to "assist policymakers in the formulation of policy designs to best manage sustainable economic growth and natural resource conservation via water planning, research, education and technical assistance." In order to best accomplish this mission, it is necessary for us to engage stakeholders in our region to determine those issues of critical importance.The Listening Project is designed to identify the perspective of water users throughout the Coastal Rivers Region by listening to the actual concerns and ideas for improvement of those who have a stake in the water future of the region. Using this information, the Center can better meet the research needs of stakeholders in the region.The objective of the first round of listening sessions is to identify issues, and not to take a quantitative measure of any given constituency. Thus, the results of the process do not lend themselves to conclusions that any one constituency has a certain viewpoint, but rather gives an idea for the type of issues that arise when representatives of one particular constituency gather to discuss their hopes and fears around the future of water use in Coastal Georgia region.The balance of this paper is organized in the following way: In Section II we discuss the process used in this first round of five listening sessions. In Section III we report the verbatim ideas of the participants in each of the five sessions. Section IV reports the same verbatim ideas put forward by the participants, but the ideas are organized according to dominant themes emerging from the sessions, where various constituencies' ideas on each theme are easily readable in the same place. Finally, in Section V we offer concluding remarks and describe our plans for Phase II of the project. Working Paper Number 2005-00

Righting a Financial Wrong: Debt Settlement Services, Private Student Lenders, and Auto Lenders Use Forced Arbitration to Escape Accountability When They Harm Consumers

The Consumer Financial Protection Bureau (CFPB, or "the Bureau") in December 2013 released preliminary results of a study called for in the 2010 Dodd -- Frank Wall Street Reform and Consumer Protection Act on financial services businesses' use of arbitration clauses in consumer contracts. Such terms, or forced arbitration, call for disputes to be settled before a private arbitrator instead of in a court of law, and usually prohibit consumers from pursuing cases as a class. The data from the first report covered several aspects of forced arbitration. For example, it confirmed a high prevalence of arbitration clauses in the terms of service of credit cards, checking accounts, and prepaid cards. Additionally, according to the report, nearly all of the arbitration clauses contained terms denying their customers the ability to participate in class actions.Based on an examination of the data from the American Arbitration Association (AAA), the chief provider of consumer arbitrations, the Bureau determined that few consumers go to arbitration to resolve disputes with financial institutions.In making these and other determinations, the Bureau examined information involving four major financial services and products: credit cards, checking accounts, prepaid cards and payday loans. Other consumer financial services sectors under the CFPB's jurisdiction similarly use forced arbitration clauses and prohibit class actions. Notably, the debt settlement and auto loan sectors recently have fallen under considerable scrutiny by the Bureau and other state and federal officials for engaging in questionable practices. A review of materials involving these sectors shows that businesses within them have used forced arbitration to avoid having to respond to allegations and, in many instances, escaped accountability for actual wrongdoing. Meanwhile, users of their products and services who have suffered financial injuries from predatory and deceptive practices have been denied adequate legal remedies. Another sector that makes widespread use of forced arbitration clauses is the private student loan industry. The agency recently released findings from its investigation into the private student loan market, which documented the impact of the high-cost loans. In 2012, Public Citizen also issued a report on the industry. It concluded that unsavory conduct by the private student loan industry combined with restrictive terms in borrowers' promissory notes that require disputes to be resolved in private arbitration were not conducive to fair lending.The Bureau can make these industry sectors answerable for some of their shady practices by restoring consumers' ability to enforce their rights on their own. The Bureau has the authority to write a rule to require the regulated consumer financial services industry to eliminate predispute binding mandatory (or forced) arbitration from consumer transactions involving all products under its jurisdiction

Vernal Pool Conservation: Enhancing Existing Regulation Through the Creation of the Maine Vernal Pool Special Area Management Plan

Conservation of natural resources is challenging given the competing economic and ecological goals humans have for landscapes. Vernal pools in the northeastern US are seasonal, small wetlands that provide critical breeding habitat for amphibians and invertebrates adapted to temporary waters, and are exceptionally hard to conserve as their function is dependent on connections to other wetlands and upland forests. A team of researchers in Maine joined forces with a diverse array of governmental and private stakeholders to develop an alternative to existing top-down vernal pool regulation. Through creative adoption and revision of various resource management tools, they produced a vernal pool conservation mechanism, the Maine Vernal Pool Special Management Area Plan that meets the needs of diverse stakeholders from developers to ecologists. This voluntary mitigation tool uses fees from impacts to vernal pools in locally identified growth areas to fund conservation of “poolscapes” (pools plus appropriate adjacent habitat) in areas locally designated for rural use. In this case study, we identify six key features of this mechanism that illustrate the use of existing tools to balance growth and pool conservation. This case study will provide readers with key concepts that can be applied to any conservation problem: namely, how to work with diverse interests toward a common goal, how to evaluate and use existing policy tools in new ways, and how to approach solutions to sticky problems through a willingness to accept uncertainty and risk

Ethical Issues in Mass Tort Plaintiffs’ Representation: Beyond the Aggregate Settlement Rule

Those who have addressed ethics issues for plaintiffs’ lawyers in mass tort litigation have focused on possible reform of the aggregate settlement rule to facilitate global settlements. This Article addresses a broader range of ethical issues, including (1) application of the general conflicts of interest rule to both client-client and client-lawyer conflicts; (2) unresolved issues concerning the interpretation of the current aggregate settlement rule, including the need to disclose client names and the applicability of the rule to court-approved settlements and formula or matrix allocations; and (3) the ability of lawyers to voluntarily withdraw from representing plaintiffs who reject an offer of settlement

Retooling Waterfront Governance in the New York-New Jersey Harbor: Case Studies from Waterfront Cities

Who is in charge of the waterfront? Everybody and nobody. The scramble of commissions and task forces in the wake of Superstorm Sandy brought the challenge of waterfront governance into sharp relief. With literally dozens of city, state, and federal agencies regulating and protecting New York Harbor and the regional waterfront, it is high time to construct a new regime that will manage our waterways and shorelines holistically, efficiently, and with dedicated foresight. We are developing a 21st century waterfront, with great opportunities and grave challenges for our coastal city. We need governance to match.As in New York, cities from around the world are reinventing their waterfronts. From Seattle to Sydney, other waterfront cities can provide valuable examples and innovative models for New York. This paper distills some of these examples into case studies meant to inform the discussion on how to improve waterfront governance in New York City. It concludes with the recommendation that a Department of the Waterfront is necessary to realize the economic benefi ts of a revitalized waterfront, to capture the cost savings from better coordination and planning, and to implement the city's critical goals for protecting its waterfront

Residential Docks and Piers: Inventory of laws, regulations, and policies for the Southeastern United States

While the homes threatened by erosion and the developer illegally filling in marshlands are the projects that make the headlines, for many state regulatory programs, it’s the residential docks and piers that take up the most time. When is a dock too long? What about crossing extended property lines? And at what point does a creek have too many docks? There are no easy answers to any of the dock and pier related questions. Each state has to craft the laws and policies that are best for its natural resources and its political and legal environment. At the same time, mistakes in judgment can be costly for the organization, the homeowner, and the natural resources. At the request of the Georgia Coastal Management Program, the National Oceanic and Atmospheric Administration (NOAA) Coastal Services Center compiled an inventory of dock information for four states—Georgia, Florida, North Carolina, and South Carolina. Federal laws, state laws and regulations, permitting policies, and contact information are included in a tabular format that is easy to use. (PDF contaions 18 pages

Citizen Suit Attorney Fee Shifting Awards: A Critical Examination of Government-“Subsidized” Litigation

Silicon Carbide (SiC) is an important wide band gap semiconductor with outstanding electronic properties. With figures of merit far better than silicon, SiC is believed to replace and outcompete silicon in many applications using high frequencies, high voltage and high temperatures. With the introduction of seeded sublimation technique, a realisation of substrates with large diameter and high quality became possible. Recent progress in the bulk growth using high temperature chemical vapour deposition (HTCVD) has shown excellent results with high purity substrates with semi insulating (SI) properties. The availability of high quality SI substrates allows the fabrication of microwave devices with low rf losses such as the Metal Schottky Field Effect Transistor (MESFET). With the introduction of the hot-wall CVD technique, thick low doped n-type epitaxial layers have been grown for high power devices (> 4 kV) such as the PiN diode. The main contribution of the present work relates to the investigation of growth of MESFET structures. The goal has been to demonstrate the ability to grow MESFET structures using the hot-wall CVD technique. The challenge with abrupt interfaces and controlled doping has been investigated. A comprehensive investigation has been made on how nitrogen and aluminum dopant atoms incorporate into the SiC lattice using the hot-wall CVD technique. Fundamental research of MESFET structures has been combined with growth of device structures for both Swedish and European groups as well as industries. The research has been focused towards the understanding of dopant incorporation, characterization of doped epitaxial layers, the growth of device structures, the modelling of temperature distribution in a hot-wall susceptor and the development of growth systems for future up scaling. In paper 1 we present how the nitrogen dopant is incorporated into the SiC lattice. The influence of several different growth parameters on the nitrogen incorporation is presented. Equilibrium thermodynamical calculations have been performed to give a further insight into the incorporation mechanism. The investigation shows that the N2 molecule itself does not contribute directly to the nitrogen incorporation, however, molecules like the HCN and HNC are more likely. In paper 2 the incorporation of the aluminum dopant into the SiC lattice is investigated in a similar way as the nitrogen incorporation in paper 1. The results show that the aluminum incorporation in SiC is mainly controlled by the carbon coverage on the SiC surface. The investigation shows that it is difficult to obtain high aluminum doping on carbon face whereas the silicon face is sensitive to changes of the growth parameters. High growth rate resulted in a diffusion controlled incorporation. In Paper 3 we present the results from the growth of MESFET structures as well as characterization of the structures and final device properties. Knowledge taken from paper 1 and 2 was used to improve the abruptness of the grown structures. Paper 4 presents the results obtained by low temperature photoluminescence (LTPL) on separately grown 4H-SiC epitaxial layers. Doping calibration curves for nitrogen in the doping range from 1⋅1014 to 2⋅1019 cm-3 are presented. A discussion concerning the Mott transition is also presented. Paper 5 presents the results of the use of simulation to investigate the heating of a hot-wall CVD reactor. New susceptor and coil design are tested. The simulation has been verified with experimental heating tests which show excellent agreement. The new design has a temperature variation of less than 0.5 % over more than 70% of the total susceptor length in addition to a decreased power input of 15 %. In the final two papers, paper 6 and 7, we present work of growth of AlN on SiC. Thin films were grown and characterized with different techniques concerning crystal quality and thickness. The use of infrared reflectance and the features of the AlN reststrahl reflectance band allowed us to determine the thickness of AlN films as thin as 250 Å