Transnational Area-Based Ocean Management

Note from the Digital Editor: In order to highlight the high-level of research and scholarship from the authors who have published in the William & Mary Policy Review’s peer-reviewed print journal, we have reproduced the abstracts from Volume 7, Issue 1 along with a link to an electronic copy of the full form of the piece. 

In the face of global environmental problems such as overfishing or marine habitat loss, ocean management experts have argued that managing areas of the sea in order to maximize one or a set of objectives might be more effective than the traditional non-spatial approach. Proponents of area-based management face a basic jurisdiction dilemma: marine resources and environmental problems pay no heed to international boundaries. When the same marine region belongs to different nations, the lack of uniform jurisdiction can turn ineffective even the most carefully drafted marine plan.

Efforts to confront this problem include several forms of international cooperation, ranging from “global governance” initiatives to the “peace parks” movement. This paper finds that these efforts are inadequate to confront the challenge of transboundary place-based management.

Seeking alternatives to these cooperation approaches, this paper finds a model on international treaties that establish maritime boundaries between nations. These treaties are abundant and broadly complied with. Moreover, some already contain transboundary ocean zoning clauses. These clauses pursue conservation and/or exploitation objectives for the benefit of all signing parties. Despite being overlooked by most area-based management advocates, these treaties establish truly harmonized transboundary place-based regulations, and provide durable, enforceable rules for interconnected marine spaces that belong to different nations.

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Xiao Recio-Blanco is a SJD Candidate at Duke University School of Law. He extends his thanks to Jim Salzman for his support and guidance throughout the writing process. For input on earlier versions of this work he thanks Stuart Barr, Josh Eagle, Susana Garcia, Steve Kourabas, and Ori Sharon. For invaluable discussion, he is grateful to Seline Trevisanut and Miguel Garcia Garcia-Revillo, and to the participants in the International law and the Sea Workshop of the European Society of International Law, held at the University of Vienna in September 2014. Any questions or comments should be addressed to xiao.recio-blanco@duke.edu

Housing Price Collapse Worsens Opportunities for Education For Youth in Cities Nationwide

Note from the Digital Editor: In order to highlight the high-level of research and scholarship from the authors who have published in the William & Mary Policy Review’s peer-reviewed print journal, we have reproduced the abstracts from Volume 7, Issue 1 along with a link to an electronic copy of the full form of the piece. 

The issues of greatest importance to Latinos, according to a recent poll, are those involving the economy and job creation, immigration reform, and education reform. Education reform is of particular importance to Latinos because of the strong linkage between educational attainment on the one hand and greater employment and income prospects on the other hand. In point of fact, many Latino families find their children attending public schools that can be characterized as receiving poor funding. Indeed, the public schools in cities with elevated high school dropout rates, for both young Latinos and other young people, are those that have the least amount of funding per pupil. And Latino students, along with their African American counterparts, on average, zpersistently score the lowest in the National Assessment of Educational Progress for the 4th, 8th, and 12th grade levels. The present study takes the position that the funding problems for public education in many cases may be attributable to the housing crisis component of the Great Recession. The recent housing crisis and its concomitant decline in housing prices may well have played a significant role in this public school funding problem because a very significant portion of public school funding comes from local property taxes that are based on home prices. The collapse in prices that occurred during the Great Recession reduced property tax revenues and thereby the principal source of funds available to public schools. Moreover, the housing price declines were greater in those cities with higher proportions of high school dropouts. Without reforms in our public school financing system that are targeted to a greater degree to help younger people in less well-off communities, the educational achievement of population cohorts such as Latinos/Hispanics and their African American counterparts is likely worsened. We now discuss in more detail these and related issues.

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I-Ling Shen has been a graduate student in Finance at Auburn University in Auburn, Alabama. Dr. James R. Barth is the Lowder Eminent Scholar in Finance at Auburn University in Auburn, Alabama. Dr. Richard J. Cebula is the Walker/Wells Fargo Endowed Chair in Finance at Jacksonville University in Jacksonville, Florida.

Erosion of Access to Consumer Bankruptcy’s “Fresh Start Policy” in the U.S.

Note from the Digital Editor: In order to highlight the high-level of research and scholarship from the authors who have published in the William & Mary Policy Review’s peer-reviewed print journal, we have reproduced the abstracts from Volume 7, Issue 1 along with a link to an electronic copy of the full form of the piece.

There is limited ability of qualified debtors to access justice in the form of bankruptcy relief in the United States. One-third of bankruptcy filers are below the poverty level. In the words of one researcher, “debtors are simply too broke to file.” This paper explores issues of access to justice through the Chapter 7 bankruptcy proceeding in the United States, in particular, access to justice in the era following the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the “Reform Act”). We show how, to date, policymakers have not adequately addressed the issue of access to justice raised by this paper. We argue that increased access to justice though bankruptcy is fundamental to the social and economic goals under Chapter 7 bankruptcy proceedings and that access to justice (or relief) is at the core of bankruptcy law and policy in the United States. One of the chief policies undergirding the Reform Act is to ensure that debtors who can pay creditors actually pay their creditors. For those debtors who cannot pay their creditors, bankruptcy proceedings extend relief. However, access for these debtors to bankruptcy relief is limited due to a number of barriers. We explore the limitations and barriers preventing debtors from accessing justice through Chapter 7 bankruptcy proceedings. We explore contending conceptions of justice in the context of bankruptcy and argue the purpose or intent behind bankruptcy relief is inherently a liberal conception of social justice. We propose several specific statutory reforms that will increase access to justice through Chapter 7 bankruptcy proceedings.

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Robert J. Landry, III is an Associate Professor of Finance at College of Commerce and Business Administration, Jacksonville State University, Jacksonville, AL.

David W. Read is an Assistant Professor of Management at Goddard School of Business & Economics, Weber State University, Ogden, UT.

How are We Doing? A Greater Role for Organizational Performance Measurement and Management in International Development

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Relative to program evaluation and global indicators, organizational performance measurement and management (PMM) has not garnered the attention as a discipline and technology of knowledge production and governance in international development. In this paper, I call for a bigger space for PMM in the toolkit of international development of justice and rule of law alongside program evaluation and global indicators. I argue that justice institutions and justice systems that take responsibility for measuring and managing their own performance in delivering justice using PMM, rather than relying on external assessment such as typically is done in program evaluation and global indicators, are likely to have more success and gain more legitimacy, trust and confidence in the eyes of those they serve. The paper concludes with the recommendation of three steps that should be taken before PMM can grow into a more appropriate space in the toolkit of international development alongside of program evaluation and global indicators: (1) the PMM that is taking place today in individual justice institutions and justice systems throughout the world should be documented and disseminated; (2) PMM, program evaluation, and global indicators should be, and be seen to be, complementary and not competing technologies and disciplines of knowledge production and governance; and (3) performance measures should be made consistent and harmonized at three levels of governance — within an individual institution and its various divisions and departments; across a government’s justice system as a whole; and at the level of global governance.

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Ingo Keilitz is a Research Professor, Public Policy, and Research Associate at Institute for the Theory and Practice of International Relations (ITPIR), College of William and Mary; Adjunct Professor, Victoria University, Melbourne, Australia, 2016-2017; and Principal, CourtMetrics. This paper grew out of a seminar presented by the author April 8, 2015 at ITPIR and benefitted greatly from the participants’ comments and questions. The author also is grateful for the insightful comments and suggestions of an anonymous peer reviewer and the assistance of the editors of this Journal.