US Case Study Research Articles

Balancing Constitutional Rights: Introduction

This Working Paper presents the Introduction to my new book "Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse" (Cambridge University Press, November 2013, ISBN 978-1107044418). The language of balancing is pervasive in constitutional rights jurisprudence around the world. This book offers a comparative and historical account of the origins and meanings of this talismanic form of language, and of the legal discourse to which it is central. Contemporary discussion has tended to see the increasing use of balancing as the manifestation of a globalization of constitutional law. I argue instead that "balancing" has always meant radically different things in different settings. The book makes use of detailed case studies of early Postwar US and German constitutional jurisprudence to show that the same unique language expresses both biting skepticism and profound faith in law and adjudication, and both deep pessimism and high aspirations for constitutional rights. An understanding of these radically different meanings is essential for any evaluation of the work of constitutional courts today.

Community Action To Prevent Childhood Obesity: Lessons from Three US Case Studies

A 2005 Institute of Medicine report argues that "prevention of obesity in children and youth is, ultimately, about community," yet the literature lacks empirical research on what communities are doing to prevent childhood obesity. This research helps fill this gap and highlights promising practices. This research entailed exploratory analysis of three descriptive case studies of community efforts to prevent childhood obesity in the northeastern United States: Shape Up Somerville in Massachusetts, MA (urban), Whole Community Project in New York, NY (semiurban), and Eat Well Play Hard Chemung in NY (semirural). Data included stakeholder interviews (n=23), participant observation (n ≥ 7 events and meetings/case), and document analysis (n≈100/case) from project inceptions until March, 2010. Meeting participation was tracked. Data were coded for actions and strategies. Actions were mapped to an adapted version of the ANalysis Grid for Environments Linked to Obesity (ANGELO) framework. These three projects were successful in changing physical environments for food and activity through program and event offerings. The projects were less active in generating policy and economic change. The scale and scope of actions related to project longevity. Demographics of key project stakeholders may have hinged on individual and institutional identities of project facilitators and on intentionality of inclusion strategies. Such projects could likely generate greater scope and scale of environmental changes to prevent childhood obesity if funding agencies provided long-term financial support and technical assistance, even if at lower levels. Diversity of participation would also benefit from stable support and from dispersal of decision-making powers, including through distributed funding.

Using Relational and Transactional MCSs to Manage the Delivery of Outsourced Public Services: Evidence from Twelve Cases in the USA

AbstractThe successful management of the purchaser–provider relationship is essential for the effective delivery of public services, and entails the use of both transactional and relational approaches. We herein analyse the degree and complementarity of transactional and relational management control systems in the management of purchaser–provider relationships for the successful delivery of public services using evidence from 12 US case studies. We demonstrate that transactional and relational management control systems are controlled differently in order to improve contracting efficiency. We also show how a combination of these management control systems offers a framework for structured public accountability and service flexibility.

Evaluating the Efficacy of Shared-use Vehicles for Reducing Greenhouse Gas Emissions: A U.S. Case Study of Grocery Delivery

This paper compares the CO2 emissions from the use of personal vehicles to shared-use vehicles for grocery shopping in Seattle, Washington. The research builds on existing literature by considering the importance of modeling the logistical details of routing and scheduling, and by comparing the results of an American case study to existing European case studies. We find the US and European case studies to provide consistent results, that low customer density provides greater opportunities for emissions reductions, and that logistical efficiencies can account for approximately 50% of CO2 reductions.

Promoting teacher development in a racially/ethnically, socioeconomically, linguistically and academically diverse school: a US case study

This article provides analysis of a site-based professional development model that is grounded in teacher best practices. Developed by the administration and teacher leaders of a racially/ethnically, socioeconomically, linguistically and academically diverse school in the USA, the teacher-centered coaching model described is an example of an internal professional development program that aligns with research and involves exemplary best practices where the teachers are empowered to: identify the area of focus for growth; gather information about best practices related to the area of development; analyze and interpret the information gathered by research; facilitate training sessions on the topics of interest identified by the teachers; and engage all teaching faculty in study as a learning community. As indicated by analysis of a post-program survey, this practice-based approach to the development of teachers enabled the improvement of their instructional methods and assisted in building knowledge that was useful beyond a particular reform program. A critical look at suggestions for improvement of the model based on international standards of best practice for professional development of teacher educators is also offered.

Debate: Restoring fiscal sanity—a US case study

Click to increase image sizeClick to decrease image size Additional informationNotes on contributorsDavid M. WalkerThe Hon David M. Walker is the founder and CEO of the Comeback America Initiative (seewww.tcaii.org). He was formerly comptroller general of the United States (1998–2008).

Global capitalism and twenty-first century fascism: a US case study

This seminal article analyses the current structural crisis and instability in an ever more polarised world in relation to earlier systemic crises that were resolved through fascism or through Fordist-Keynesian ‘class compromise’ (the 1930s) and the emergence of capitalist globalisation (the 1970s). The authors identify three basic responses to the crisis: popular insurgency from below; reformist stabilisation from above; and, a twenty-first century neo-fascism. Looking specifically at the US, they analyse political and economic developments that demonstrate fascistic characteristics. While no simple replication of the past, the emergence of a Christian Right since the mid-1980s, the growth of certain currents within the Tea Party movement, the sharp increase in violent hate groups, the spread of a vicious anti-immigrant movement, the psychopathology of white decline, sharp militarisation and pervasive policing give some indications of the rise of fascist tendencies. But what is crucial today is the sophistication of such a project, made possible by the ideological domination of media together with new surveillance and social control technologies that allow it to rely more on selective than generalised repression. In calling for a co-ordinated fightback, both in the US and beyond, the authors see the only viable solution to the crisis of global capitalism as a massive redistribution of wealth and power downward towards the poor majority of humanity, along the lines of a twenty-first century democratic socialism.

Sharing the Joke? ‘Britcom’ Remakes in the United States: A Historical and Socio-Cultural Perspective

In an increasingly ‘glocalized’ world, the success of NBC’s still-running remake of the BBC’s The Office would seem to indicate the continuing vitality of ‘Britcom’ adaptations on American network television. Initiated by US producer and comedy writer Norman Lear in the early 1970s, such cross-cultural translation has nevertheless had a long history of hit-or-miss experiences over the decades. Following an analysis of how the early television developments of the situation comedy genre in both countries may have favoured the emergence of different types of sitcom humour, this article will introduce several case-studies of US ‘Britcom’ remakes so as to map out the socio-cultural specificities at work in the retooling process central to such exchanges from the British to the American television industry.

Google and the “Twisted Cyber Spy” Affair: US–Chinese Communication in an Age of Globalization

The “twisted cyber spy” affair began in 2010, when Google was attacked by Chinese cyber-warriors charged with stealing Google's intellectual property, planting viruses in its computers, and hacking the accounts of Chinese human rights activists. In the ensuing international embroglio, the US mainstream press, corporate leaders, and White House deployed what I call the rhetoric of belligerent humanitarianism to try to shame the Chinese while making a case for global free markets, unfettered speech, and emerging democracy. That rhetorical strategy carries heavy baggage, however, as it tends to insult the international community, exalt neo-liberal capitalism, sound paternalistic, and feel missionary. Belligerent humanitarianism sounds prudent, however, when compared to the rhetorical strategy of the US military–industrial complex, which marshals the rhetoric of warhawk hysteria to escalate threats into crises and political questions into armed inevitabilities. To counter these two rhetorical strategies, this essay argues that China's leaders deploy the rhetoric of traumatized nationalism, wherein they merge a biting sense of imperial victimage, Maoist tropes of heroism, and a new-found sense of market mastery to portray the US as a tottering land of hypocrisy and China as the rising hope for a new world order. The “Twisted Cyber Spy” affair therefore offers a case study of US–Chinese communication in an age of globalization.

Transfer Pricing: Data Dumps and Comparability - US, UK, Canadian, and Australian Case Studies

Comparability is the heart of transfer pricing. The OECD, U.K., Canadian, Australian, and U.S. transfer pricing rules all echo one another on how critically important the comparability analysis is. Performing this analysis and proving comparability, however, is a demanding exercise. What makes proving comparability so difficult is that the analysis is two sided. Both controlled and uncontrolled transactions must be thoroughly analyzed. Just as much effort needs to be applied to determine the functions, contract terms, risks and the economic conditions for the unrelated party comparables as is spent on analyzing the related parties (taxpayers). But there is more to this equation. On the “comparables side”, there are not one but two steps. First a comparables search is needed. Then the differences must be carefully scrutinized and adjust for differences if they are material. Case law has always demanded balanced or dual comparability analysis. The OECD however, has recently become critical of database dumps - the extensive automated financial database searches for potential comparables that are then dumped on (or presented to) tax authorities as-they-are. This is problematical. The search is being substituted for meaningful analysis. A database dump, no matter how well the screens are fit or how carefully crafted are the filters, never provides solid proof of comparables. This paper considers a sequence in US and Australian cases where arguments based heavily on database searches are involved. Observations are extended to Canada and the UK. The paper concludes that if searches for comparables in commercial databases are becoming the norm in transfer pricing and if there is a growing tendency to substitute the search itself for sound comparability analysis (the database dump), then what is the likely result on audit or through litigation is a profit split.

An Innovative Trading Approach for Mercury Waste Management

This work proposes an innovative approach of watershed level mercury trading for sustainable management of mercury pollution. An optimization based decision-making framework has been developed to optimize the selection of mercury treatment technologies by industries in a watershed in the presence of nonlinearity and uncertainty in technology cost models. The impact of the regulation on technology selection by industries, often ignored in existing trading literature, has been quantified. A particularly novel contribution of this framework is the consideration of health care cost as an objective. The application of the framework to the Savannah River watershed case study in US emphasizes the importance of health care cost while evaluating the benefits of trading. Nonlinearity and uncertainty in the cost models is shown to significantly affect technology selection. The ecological perspective of innovation comes from the proposal of using water body liming to mitigate mercury bioaccumulation and concerns of mercury hotspots.

Innovative Strategic Management: The Case of Mumbai Suburban Railway System

Business organizations today have to survive and grow in a turbulent and volatile business environment. Continuous metamorphosis in technology, competition, inconsistent government policies, group dynamics of employees and militant unions, rational customers and their forums have been constantly reminding them to be more vigilant. Generation and rendering of services is often more vulnerable as services are perishable and dynamic. The strategic management of any service sector must be innovative and sustainable. Efficient urban transport systems are critical elements of the sustainable development of urban areas. This paper presents the innovative strategic management system of Mumbai Railway Vikas Corporation (MRVC) in addressing the Mumbai suburban public transport problems. An incredible 88 per cent of all travel in Mumbai is by bus and rail; this illustrates the popularity and necessity of having an effective and efficient public transport system, particularly the railways. The paper outlines a case study of US $2.5 billion expansion and improvement of the Suburban Railway Network, as a part of the multi-modal Mumbai Urban Transport Project (MUTP). Increase in suburban trains in Mumbai has not kept pace with the passenger demand and therefore loading in the existing suburban trains have increased and the travelling conditions in the trains have become unbearable. The paper gives an insight into the process of building social and political consensus while taking into consideration the aspirations of people for conducive and comfortable commutation. The diverse but integrated objectives that were achieved holistically, is indeed through innovative strategic management that led MRVC to attain customer satisfaction, energy conservations, socioeconomic benefits, environmental upgradation through afforestation, rain water harvesting, and noise reduction. MRVC is doing rain water harvesting, mangrove plantation, tree plantation and transplantation to compensate for cutting of tress at project sites. A glaring example of an infrastructure project that aptly envisaged ecological balance and environmental and social upgradation of slum dwellers. Innovative improvement in commuters' amenities including ventilation system, GPS-based passenger information system, pneumatic suspension for comfortable riding, etc., have enhanced customer satisfaction that is required for a long-term business growth.

Improving mathematics teachers’ content knowledge via brief in‐service: a US case study

This study is an evaluation on whether middle‐level mathematics teachers’ participation in a week‐long in‐service course on middle‐level mathematics concepts increases their understanding of this content. A secondary purpose of this study is an exploration of teacher perceptions before and after the institute via self‐report surveys. Participants include 31 middle‐level mathematics teachers who attended at least one of the two in‐services, one emphasizing algebra concepts and the other emphasizing probability and geometry concepts. The findings indicate that teachers’ content knowledge significantly improved, as measured by pretest and post‐test results. The self‐report survey responses did not change as a result of participation in the in‐service, but overall patterns of responses in both the quantitative and qualitative survey data indicate how the institutes can contribute to a larger professional development strategy. Both in‐service courses are described and implications are discussed.

Commissioning hybrid advanced naturally ventilated buildings: a US case study

A new building for a university near Chicago, Illinois, US, utilizes a hybrid advanced natural ventilation strategy to condition a deep-plan library. The design and construction are described, but the paper focuses on the post-construction, pre-occupancy commissioning trials undertaken to test both the active and passive environmental control systems. These simple qualitative trials confirmed that the advanced natural ventilation strategy functioned broadly as intended, but reveal unexpected features of the mechanical systems, faulty components, errors in the control logic of the building management system, and design omissions. Many of these could be readily corrected before occupancy, thereby improving the likely energy and environmental performance. The trials highlighted the need for forms of contract and methods of working that enable the integrated working of design teams, especially when designing innovative buildings. The benefits of adopting simple qualitative commissioning trials, and some of the current barriers to achieving this, are discussed. Un nouvel immeuble pour une université située près de Chicago, dans l'Illinois, aux Etats-Unis, utilise une stratégie de ventilation naturelle hybride évoluée pour climatiser une bibliothèque de type « deep plan » (à plan en profondeur). La conception et la construction sont décrites, mais l'article se concentre sur les essais de mise en service après construction et avant occupation entrepris pour tester les systèmes de contrôle environnemental aussi bien actifs que passifs. Ces essais qualitatifs simples ont confirmé que cette stratégie de choix d'une ventilation naturelle évoluée fonctionnait largement comme escompté, mais ont révélé des caractéristiques imprévues des systèmes mécaniques, des éléments défectueux, des erreurs dans la logique de commande du système de gestion du bâtiment et des oublis de conception. Cela a pu être en grande partie corrigé facilement avant occupation, améliorant ainsi le rendement énergétique et environnemental probable. Les essais ont mis en évidence la nécessité de formes de contrat et de méthodes de travail qui permettent un travail intégré des équipes de conception, en particulier lors de la conception de bâtiments innovants. Il est discuté des avantages de l'adoption d'essais qualitatifs simples de mise en service et de certains des obstacles actuels pour y parvenir. Mots clés: système de gestion des bâtiments, performance des bâtiments, mise en service, refroidissement, conception, retour d'information, bâtiment hybride, ventilation naturelle, amélioration des processus, contrôle qualité, services pour les bâtiments

Building a Workforce Development System as an Economic Development Strategy: Lessons from US Programs

In the knowledge economy, the economic prosperity of places is increasingly tied to the talents of its people. Therefore, many cities and regions have made the attraction and retention of skilled people a core economic development strategy. This article argues that a better strategy is actually to increase the overall pool of talent available, and to do so means rethinking, and investing in, the workforce system. Once the literature and theory has been reviewed, the second half of the article mines multiple US case studies for useful lessons on how workforce systems can be developed and better aligned to economic development.

Errors in representing regional acid deposition with spatially sparse monitoring: Case studies of the eastern US using model predictions

The current study uses case studies of model-predicted regional precipitation and wet ion deposition over 5-year periods to estimate errors in corresponding regional values derived from the means of site-specific values within regions of interest located in the eastern US. The mean of model-predicted site-specific values for sites within each region was found generally to overestimate the corresponding model-predicted regional wet ion deposition. On an annual basis across four regions in the eastern US, these overestimates of regional wet ion deposition were typically between 5 and 25% and may be more exaggerated for individual seasons. Corresponding overestimates of regional precipitation were typically <5%, but may be more exaggerated for individual seasons. Period-to-period relative changes determined from the mean of site-based model-predicted wet deposition for the current regional ensembles of sites generally estimated larger beneficial effects of pollutant emissions reductions in comparison to changes based on model-predicted regional wet deposition. On an annual basis site-based relative changes were generally biased low compared to regional relative changes: differences were typically <7%, but they may also be more exaggerated for individual seasons. Spatial heterogeneities of the wet ion deposition fields with respect to the sparse monitoring site locations prevented the monitoring sites considered in the current study from providing regionally representative results. Monitoring site locations considered in the current study over-represent the geographical areas subject to both high emissions and high wet ion deposition and under-represent the geographical areas subject to low emissions and low wet deposition. Since the current case studies consider only those eastern US site locations that have supported concurrent wet and dry deposition monitoring, similar errors may be expected for dry and total deposition using results from the same monitoring site locations. Current case study results illustrate the approximate range of potential errors and suggest caution when inferring regional acid deposition from a network of sparse monitoring sites.

The continuing bonds of US expatriates living in Egypt

Abstract This study used the continuing bonds model, which describes the process of loss and mourning, to build a theory about the acculturation process of US expatriates. We examined six case studies of US expatriates permanently residing and working in Egypt. Participants were interviewed about the loss of their US culture and their cultural experiences in Egypt. All participants acknowledged losing aspects of their US culture, and kept continuing bonds with it, but these bonds took different forms depending on the way they responded to their loss and the way they negotiated the influences of both host and native cultures. We present three of these case studies in this paper due to space limitations. One participant believed that his continuing bonds might be imagined or outdated and used religion to avoid the influences of both US and Egyptian cultures in his life. Another participant used his continuing bonds to inspire marginalized Egyptians and refugees. The third participant used his continuing bonds to isolate himself from the Egyptian culture and lead an exclusive American lifestyle. External factors such as political climate of host country, family members, privilege, circumstances of coming to Egypt, and age influenced the mourning process.

A framework for evaluating international cooperation in space exploration

Today's spacefaring nations lack a systematic framework for evaluating international cooperation proposals that takes both political and technical concerns into account. By simultaneously considering technology and policy, a more informed decision may be made about how best to cooperate. An original framework is set forth for identifying and evaluating different cooperative schemes for their impact on technical and political concerns. The strength of this framework is then illustrated using a case study of US and Italian cooperation.

Nitrogen speciation in wastewater treatment plant influents and effluents—the US and Polish case studies

The fate of N species, particularly dissolved organic nitrogen (DON), through process trains of a wastewater treatment plant (WWTP) was investigated. In this study, three fully nitrifying plants in Illinois, USA and biological nutrient removal (BNR) plants in northern Poland were sampled for N characterization in the primary and secondary effluents as a function of the particle size distribution. The correlations between dissolved organic carbon (DOC) and dissolved organic nitrogen (DON) concentrations were examined. The key findings are that DON becomes significant portion (about 20%) of the effluent N, reaching up to 50% of effluent total N in one of the Polish plants. The DON constituted 56-95% of total ON (TON) in the secondary effluents, whereas in the Polish plants the DON contribution was substantially lower (19-62%) and in one case (Gdansk WWTP) colloidal ON was the dominating fraction (62% of TON). The DOC to DON ratio in the US plants is significantly lower than that in the receiving waters indicating potential for deterioration of receiving water quality. In Polish plants, the influent and effluent C:N ratios are similar, but not in the US plants.

Financial Statement Fraud: Some Lessons from US and European Case Studies

This paper studies 14 companies that were subject to an official investigation arising from the publication of fraudulent financial statements. The research found senior management to be responsible for most fraud. Recording false sales was the most common method of financial statement fraud. Meeting external forecasts emerged as the primary motivation. Management discovered most fraud, although the discovery was split between incumbent and new management.