Understanding State Rulemaking Processes: Developing Fracking Rules in Colorado,New York,and Ohio

Rulemaking is an integral component of environmental policy at both the federal and state level; however, rulemaking at the state level is understudied. With this research, we begin to fill that gap by focusing on rulemaking regarding the issue of hydraulic fracturing (fracking) in three states: Colorado, New York, and Ohio. This policy issue is well suited to begin exploring state‐level rulemaking processes because the federal government has left fracking regulation to the states. Through semistructured interviews with a range of actors in the rulemaking process across these states, we establish a foundation from which future research in this area may build. This exploratory research yields some valuable insights into the roles different stakeholders are playing in regulating fracking in these three states, and our findings may be useful for explaining state‐level rulemaking more generally.     

Fundamental Rights and Citizenship of the Union at a Crossroads: A Promising Alliance or a Dangerous Liaison?

The reinforcement of the protection of fundamental rights at the European level and the emergence of the status of Union citizenship are two closely connected phenomena. European citizenship has been and continues to be one of the central arguments in favour of the extension of the scope of EU fundamental rights. This argument arises out of a sentiment that vindicates equality at the core of the citizenship of the Union as a fundamental status. Against this background, this paper examines the different possibilities of interconnection between the traditional doctrine of EU fundamental rights and the jurisprudential construction of the citizenship of the Union. Particularly, it will be discussed whether fundamental rights should be placed at the core of the formula that protects the ‘genuine enjoyment of the substance’ of the rights conferred by EU citizenship, inaugurated by Ruiz Zambrano, already latent in Rottmann and substantially refined in an ever‐growing case‐law (McCarthy, Dereci, O. and S., Ymaraga and Alokpa). It will be argued that this formula carries the very valuable potential to reinforce citizenship of the Union as an independent source of rights able to overcome problems such as reverse discrimination. For these purposes, this formula could be considered to encompass not only the absolute deprivation of the ‘genuine enjoyment of the substance of citizenship rights’, but also the existence of serious obstacles thereto.     

Exploring the potential of stricter gun restrictions for people with serious mental illness to reduce homicide in the United States

This study explores the potential that current efforts to limit access to firearms for individuals with serious mental illness (SMI) have for reducing overall rates of murder by firearm in the United States. Official arrest, court and health records provided data on personal and offense characteristics of 95 individuals with SMI and 423 without, all of whom had been convicted of murder in the State of Indiana between 1990 and 2002. Bivariate analyses examined differences between the two groups and logistic regression models examined the relationship between SMI and offense characteristics. Compared to those without, a relatively small proportion of convicted murderers had a diagnosis indicating SMI. The presence of SMI was associated with reduced likelihood of targeting a stranger and was not associated with having multiple-victims or firearm use. Focusing on access to firearms exclusively by individuals with SMI will have little impact on multiple-victim or firearm-related homicides.     

Asian American Mobilization: The Effect of Candidates and Districts on Asian American Voting Behavior

Political Behavior - While numerous studies have examined the effect of a co-ethnic candidate on the ballot for African Americans and Latinos, Asian Americans remain understudied in this regard....     

Ruling the Sea: Managing Maritime Conflicts through UNCLOS and Exclusive Economic Zones

Two primary mechanisms for managing competitive interstate claims to maritime areas are evaluated: the creation of private ownership of maritime zones in the form of Exclusive Economic Zones (EEZs) and the creation of a global institution, the United Nations Convention on the Law of the Sea (UNCLOS), to establish standards for maritime claims and dispute resolution procedures. Analyses of maritime claims in the Western Hemisphere and Europe from 1900 to 2001 show that declared EEZs help states reach agreements over maritime conflicts in bilateral negotiations, while membership in UNCLOS prevents the outbreak of new maritime claims and promotes third-party management efforts of maritime conflicts. Neither mechanism influences the probability of militarized conflicts over maritime areas.     

Kamalaśīla on the Nature of Phenomenal Content (ākāra) in Cognition: A Close Reading of TSP ad TS 3626 and Related Passages

Traditional as well as contemporary interpreters of Indian Yogācāra divide that tradition into a variety of doxographical camps depending on whether awareness is understood tobe endowed with phenomenal content (ākāra) and, if so, whether that content is understood to be real or true. Kamala?īla’s extensive commentary on his teacher ?āntarak?ita’s Tattvasa?graha contains passages that throw into question certain doxographical equivalencies, especially the equivalencies sometimes proposed betweenthe doctrine that awareness is endowed with phenomenal content (sākāravāda) and the doctrine that such content is true or real (satyākāravāda) and between the doctrine that awareness is devoid of phenomenal content (nirākāravāda) and the doctrine that such content is false or unreal (alīkākāravāda). Further, in accord with his broadly rhetorical approach to the application of reason, Kamala?īla is seen in this commentary to endorse a range of seemingly contradictory positions vis-à-vis ākāra. This article argues that this situation can be explained by way of reference to Kamala?īla’s larger philosophical and soteriological program as a Mādhyamika thinker, a program not made explicit in the text yet nonetheless present in nascent form. That is, while various theories of awareness as endowed or not endowed with phenomenal content are useful in different rhetorical contexts as well as at different stages of philosophical analysis, at the end of the day such distinctions are moot since neither awareness nor its content is upheld as ultimately real. Instead, soteriologically efficacious phenomenal content is said to be like a “true dream” (satyasvapna), an illusion that satisfies only for as long as it remains unanalyzed.