Catalog: Digital Commons at Pace - New Repository Articles
Community ecologists, who consider the interdependence among organizations of different forms (Hannan and Freeman, 1986), have argued that that legitimacy can flow between organizational forms if they are sufficiently related or proximate in cognitive space (Ruef, 2000). De alio legitimation, the process by which an established population can facilitate the institutionalization of an emergent population, greatly minimizes the time period needed for the new form to achieve a taken-for-granted status (Dobrev, 2001). While some studies have looked at how this process operates across populations of organizations within the commercial sector, no study has looked at how this legitimacy might travel between populations of organizations which vary in their goals, from those following a purely commercial mission to those organizations which follow a social mission, or social enterprises (Mair and Martí, 2006; Phills et al., 2008). Our study fills this gap. Utilizing data from three major social entrepreneurship foundations – Ashoka, Schwab, and Skoll – as well as from the Global Entrepreneurship Monitor, we study the emergence of social entrepreneurship relative to commercial entrepreneurship in three countries: Brazil, Mexico, and India. We show that there is a relationship between the traditional commercial entrepreneurship and the growth of social entrepreneurship. However, varying institutional environments between countries impacts the extent to which social entrepreneurship and commercial entrepreneurship co-evolve.
NYC Budget Cuts: A Counter-productive Method to Effective Government-nonprofit Contracting Relationships?
This study examines the relationship between New York City budget cuts and the expenditure of human service nonprofits specifically involved in the government contracting relationship. With a focus on the Department for the Aging (DFTA), I examine nonprofits that provide a variety of services to the aging population on behalf of the DFTA. Correlations and regressions are presented examining the relationship between DFTA budget and nonprofit spending. The results of my analysis do not indicate a positive relationship between these two variables.
The Extraterritorial Application of Human Rights Treaties: Al-Skeini et al. v. United Kingdom (2011)
The decade proceeding the 9/11 tragedy has been very unkind to the human rights regime, as many western nations have committed human rights abuses in their mission to combat terrorism. Both the United States and the United Kingdom have been engaged in wars in Iraq and Afghanistan, where they perpetrated terrible crimes and violated important tenants of international law. These violations, ranging from allegations of torture to wrongful deaths, are prohibited by human rights law. In fact, human rights treaties such as the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR) were enacted with the express purpose of eliminating the very atrocities that have been committed in the “war on terror.” Unfortunately, the United States and the United Kingdom have maintained that human rights treaties do not apply beyond their territorial borders. The issue of the extraterritorial nature of the treaties is therefore crucially important because the crimes that have been committed by these two nations can only be remedied if the treaties can be interpreted to apply to the territory in question.
On July 7, 2011, the European Court of Human Rights (ECtHR) issued a landmark decision in Al-Skeini et al. v. The United Kingdom, overturning the United Kingdom’s House of Lords decision and issuing a strong precedent stating that human rights treaties should apply extraterritorially. Al- Skeini held that the ECHR applied to six Iraqi civilians who were killed while under the authority and control of the British military during their occupation in 2003. This case is the most recent of court opinions that have affirmed the notion that the object and purpose of a human rights instrument should be taken into heavy consideration when determining the extraterritorial nature of a treaty.
In determining whether human rights treaties apply extraterritorially, it is necessary to analyze important provisions and terms in a particular agreement. However, as illustrated in The Vienna Convention on the Law of Treaties (the Vienna Convention), the analysis of a human rights instrument often hinges on semantics. Traditionally, the meaning of a provision was based on the definiteness of the language and the plain meaning of the terms. Recently, however, courts such as the ECtHR have been reluctant to settle with the “ordinary meaning analysis” of treaty interpretation (as suggested in Article 31 of the Vienna Convention) when there are “manifestly absurd” results from adherence to such an approach. Instead, many international courts have embraced the exceptions present in Article 32 of the Vienna Convention, allowing them to bring in subsequent state practice, context, purpose, and travaux preparatoires.
Consequently, a complete understanding of the definitions of each word or phrase is essential to a proper analysis. As Joanne Williams points out in her article, Al-Skeini: A Flawed Interpretation of Bankovic, jurisdiction and territory are not interchangeable. "Jurisdiction refers to a particular sphere of legal competence, while "territory" refers to a geographical area." While all actions occurring within the state's sovereign territory are within its jurisdiction, it does not follow that actions occurring extraterritorially are therefore outside of the state's jurisdiction.
Most treaties are specific and clear to which geographical areas they apply. They contain provisions of territorial jurisdiction, limiting the treaties’ applicability to actions occurring within the boundaries of the state. The European Convention, however, does not contain any such provision, and is unclear as to its territorial scope. Moreover, while the ICCPR does have a territorial provision, it has not been applied in that fashion. This Note discusses the extraterritorial application of both treaties, and specifically seeks to determine whether their provisions apply to actions of state actors outside of their territories.
Central Government Poverty Policy and Local Deviation: A Comparison of <i>Dibao</i> Regulations Across State Levels
The Chinese government has implemented a means-tested social security net for the poorest known as dibao. We compare dibao legislation from the State Council, the Shandong provincial government, and the Qingdao municipal government. As a case study, this comparative analysis of dibao legislation across different state levels and time periods provides a method to analyze differences between central and local government levels. We show that local governments are able to subvert the intentions of the central government by adding sections and altering the language in key passages. This type of horizontal and vertical reading of multiple texts reveals priorities and differences between government levels in ways that are not apparent in any single text.
This September, we celebrated the 50th anniversary of the Civil Practice Law and Rules of New York State. The CPLR was the handiwork of the Advisory Committee on Practice and Procedure, appointed in 1955 by the New York State Temporary Commission on the Courts. Under the leadership of the Committee's reporter, then Columbia Law School Professor Jack B. Weinstein, the Committee members, which included former New York State Bar Association presidents Jackson Dykman and S. Hazard Gillespie, spent five years overhauling, revising and reforming the Civil Practice Act of 1920. This remarkable joint venture between the practicing bar and the academy involved thousands of hours of detailed research, two full-day meetings a month, many public hearings, hundreds of draft reports, extensive debate, myriad hours of consultation with the bench and bar and, in 1961, submission of a final report to the Legislature. Although the Legislature did not adopt all of the Committee's proposals, the CPLR was enacted and became effective on September 1, 1963. This impressive document is one of the nation's oldest state procedural codes; it is appropriate to review its origins and to salute those involved in its creation.
Teaching mobile solution development in a global context: Comparing solutions proposed by students in the developed and developing world
This paper presents and reflects on the different approaches of teaching mobile solution development at Pace University in the US and in different universities in Senegal in the last three years. The evolution of the objectives, contents, and targeted mobile technologies of the different courses are described based on our lessons learned and the state-of-the-art technologies and practices used in the industry. Students developed mobile solutions aimed at improving life on campus in the US and in Senegal, sometimes collaboratively. These initiatives permitted us to do a cross-cultural exploration of what students saw themselves as needing and how mobile technology can meet these needs given the nature of the specific and local constraints of their institutions, infrastructures, and cultures. This paper summarizes the findings of this exploration and presents recommendations for faculty interested in teaching mobile solution development in a global context.
Convergence of Rorschach variables and MMPI-A PSY-5 Scales: With and Without Response Character Styles
This study was an effort to extend Meyer's (1997, 1999, & 2000) findings regarding how response-character styles relates to the convergence of the Rorschach and the PSY-5 scales in an adolescent inpatient psychiatric sample (N=673). The MMPI-A PSY-5 constructs and the Rorschach variables measuring similar constructs were generally negatively correlated in adolescents with discordant response-character styles and positively correlated in those with concordant response-character styles. The most important conclusion that can be drawn from these findings is that the Rorschach and MMPI-A PSY-5 scales do demonstrate convergent validity across some theoretically related constructs once response-character style is taken into account.^
This work introduces a novel computer implementation of the elements of music composition that allows for maximum flexibility in creating music. The representation is derived from Joseph Schillinger’s “The Schillinger System of Musical Composition”, a largely forgotten methodology whose popularity peaked in the 1930’s and 1940’s.^ The Schillinger system is built upon mathematical patterns which are then permuted in various ways to produce an extremely large set of possible musical works encompassing styles that span the range of human cultures across the globe, and the range of human civilization over time. The methods that Schillinger taught at Columbia University and the New School used a mathematical notation and a graphical notation using Cartesian coordinate graph paper. The Composer’s Algorithmic Assistant (CAA) makes this method more accessible by letting the computer do the math allowing the composer to use the system while remaining in an emotive mode that is more conducive to being musically creative.^ Joseph Schillinger contends that the patterns produced by his system are derived from universal natural patterns. These patterns can be found in music that has withstood the test of time in the sense that it remains powerful and emotive to those who listen to it. Great composers used these patterns even though they may not have been aware of the universal nature of the patterns they employed. This is quite similar to the patterns introduced by Christopher Alexander in the latter half of the twentieth century in the field of architecture. Where Christopher Alexander speaks of “Quality Without A Name” (QWAN), Schillinger speaks of “Universal Patterns” in the same context.^ The CAA also uses several novel algorithms for matching a composer’s partially completed work to the most appropriate Schillinger patterns so that a composer who is not familiar with the Schillinger techniques can still use the program. The CAA can therefore be used to teach the Schillinger System to music composition students, or simply to show composition students some possibilities that are natural consequences of their works-in-progress.^
Mindfulness: A Factor in Consideration of Parent Stress and Theory of Mind Among Children With and Without Autism Spectrum Disorder
Parents of children with special needs, including those with problems of relating and communicating such as in autism spectrum disorder, are at risk for significantly higher levels of stress than parents of neurotypical children. This study investigated the relationship between a particular way of attending to experience, known as mindfulness, and dimensions of parent stress and children's theory of mind. Parents completed self-report measures of parenting stress and mindfulness, and a widely accepted screening tool for autism spectrum disorder (ASD) regarding their child. Children completed a performance-based battery of theory of mind tasks. Using published, psychometrically-defined cut scores, group differences analyses were conducted, with particular attention given to likelihood (p value) and magnitude (Cohen's d) of differences between parents endorsing or not endorsing clinically elevated levels of stress, and having children rated as having or not having a high probability of ASD diagnosis, among different facets of mindfulness. Additionally, single-predictor linear regression models were examined to explore relationships between parenting stress, degree of the child's impairment in functioning, and the parent's level of mindfulness. Within regression models, analysis of individual participant influence yielded information on the coherence of each model, providing idiographic information as to what demographic effects may affect covariation between constructs. Certain factors related to mindful living correspond with greater stress tolerance or resilience in parents of children with autisim, including having a non-reactive and non-judgmental response style. Further, theory of mind development in children was positively related to all mindfulness factors. These data suggest that a larger investigation of mindfulness and their relation to parenting stress is indicated. If a more robust investigation yields results consistent with this pilot study, and mindfulness practices or behaviors are demonstrated to be beneficial for parents with children on the autism spectrum, then a suitable evidence base exists for development of a supportive parenting intervention for parents of ASD children. ^