Equity & Justice Archives - Page 7 of 12

Contractual Battles for Higher Ground: Case Examples

Ottesen, Jeffery L.; Migliaccio, Giovanni C.; Wulfsberg, H. James. (2016). Contractual Battles for Higher Ground: Case Examples. Journal Of Legal Affairs And Dispute Resolution In Engineering And Construction, 8(1).

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Abstract

Dispute resolution requires pursuit of mutual agreement and implies accordant resolve between the disputing parties. In truth, mutual agreement stems from acceptable risks and negotiated terms centered upon equity arguments wherein the parties assess, evaluate, negotiate, and battle for high ground. Where the parties clearly understand their respective positions relative to the applicable laws, facts outweigh emotions, and the parties are more likely to avoid disputes. This paper defines high ground based upon legal theory in quantum meruit, which means, as much as he deserves. Equity arguments can trump written contractual provisions. Owners, architects, engineers, and contractors must become wise to these arguments to protect its shareholders' interests. To promote understanding, five different case scenarios are presented using actual disputes experienced on (1) notice provisions, (2) cumulative impact claims, (3) no damages for delay clauses, (4) acceleration, and (5) owner review durations. These case scenarios demonstrate that acquiring high ground requires clear understanding and synchronization of both the contract and the applicable governing laws. Ultimately, the party possessing higher ground will find itself in a more favorable position when disputes occur. (c) 2015 American Society of Civil Engineers.

Keywords

Legislation; Subcontracting; Disputing Parties; Equity Arguments; Legal Theory; Quantum Meruit; Contractual Provisions; Architects; Notice Provisions; Cumulative Impact Claims; Owner Review Durations; Governing Laws; Engineers; Contractors; Dispute Resolution; Contractual Battles; Project; Equity; Delay; Contractual Notice; Cumulative Impact; Total Cost Claim; No Damages For Delay; Acceleration

Within- and Between-Person Associations of Neighborhood Poverty with Alcohol Use and Consequences: A Monthly Study of Young Adults

Rhew, Isaac C.; Duckworth, Jennifer C.; Hurvitz, Philip M.; Lee, Christine M. (2020). Within- and Between-Person Associations of Neighborhood Poverty with Alcohol Use and Consequences: A Monthly Study of Young Adults. Drug & Alcohol Dependence, 212.

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Abstract

Background: Studies have shown associations between neighborhood disadvantage and alcohol misuse among adults. Less is known about the role of neighborhood context in young adults (YAs), who engage in more disordered forms of alcohol use compared to other age groups. Using data collected monthly, this study examined whether YAs reported more alcohol use and consequences when they were living in neighborhoods with greater concentration of poverty. Method: This study used data from 746 participants aged 18-23 years living in the Seattle, WA, region. Surveys were administered each month for 24 consecutive months. Measures included typical number of drinks per week and past month count of alcohol-related consequences. Residential addresses at each month were geocoded and linked to census-tract level percentage of households living at or below poverty threshold. Multilevel over-dispersed Poisson models were used to estimate associations between standardized monthly deviations in tract-level poverty from one's average and alcohol outcomes. Results: Across 14,247 monthly observations, the mean number of typical drinks per week was 4.8 (SD = 7.4) and the mean number of alcohol consequences was 2.1 (SD = 3.5). On months when they were living in neighborhoods with higher levels of poverty than their average, participants reported significantly higher levels of alcohol consequences (Count Ratio = 1.05; p = .045). Conclusion: YAs may engage in more problematic forms of drinking when they reside in neighborhoods with higher levels of disadvantage. During a time of frequent residential changes, YAs moving to more disadvantaged neighborhoods may benefit from additional supports.

Keywords

Alcohol Drinking; Young Adults; Neighborhoods; Age Groups; Poverty; Western Australia; Seattle (wash.); Alcohol; Neighborhood Context; Young Adulthood; Emergency-department Visits; Heavy Episodic Drinking; College-students; United-states; Substance Use; Use Disorders; Models; Health; Disorganization; Availability

Symbiotic And Regenerative Sustainability Frameworks: Moving Towards Circular City Implementation

Horn, Erin; Proksch, Gundula. (2022). Symbiotic And Regenerative Sustainability Frameworks: Moving Towards Circular City Implementation. Frontiers In Built Environment, 7.

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Abstract

Growing in popularity, the circular city framework is at the leading-edge of a larger and older transitional dialogue which envisions regenerative, circular, and symbiotic systems as the future of urban sustainability. The need for more research supporting the implementation of such concepts has been often noted in literature. To help address this gap, this holistic review assesses a range of pertinent sustainability frameworks as a platform to identify actionable strategies which can be leveraged to support and implement circular city goals. This assessment is grounded in a holistic overview of related frameworks across interdisciplinary and scalar domains including circular city, the food-water-energy nexus, circular economy, bioeconomy, industrial symbiosis, regenerative design, and others. Building on these interrelationships, the applied strategies espoused within these publications are synthesized and assessed in the context of circular city implementation. From an initial 250 strategies identified in literature, thirty-four general implementation strategies across six thematic areas are distinguished and discussed, finding strong overlaps in implementation strategies between frameworks, and opportunities to further develop and harness these synergies to advance circular city toward sustainable urban futures.

Keywords

Circular City; Implementation Strategies; Literature Review; Circular Economy; Fwe-nexus; Regenerative Design; Systems Integration; Environmental Assessment; Rooftop Greenhouses; Anaerobic-digestion; Urban Agriculture; Built Environment; Waste Management; Climate-change; Carbon Nexus; Food Nexus; Economy

Physical Activity and the Built Environment in Residential Neighborhoods of Seoul and Seattle: An Empirical Study Based on Housewives’ GPS Walking Data and Travel Diaries

Park, Sohyun; Choi, Yeemyung; Seo, Hanlim; Moudon, Anne Vernez; Bae, C. -h. Christine; Baek, So-ra. (2016). Physical Activity and the Built Environment in Residential Neighborhoods of Seoul and Seattle: An Empirical Study Based on Housewives’ GPS Walking Data and Travel Diaries. Journal Of Asian Architecture And Building Engineering, 15(3), 471 – 478.

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Abstract

This paper is based on a collaborative pilot-study to ascertain the characteristic walking patterns and neighborhood features in residential areas of Seoul, Korea and Seattle, USA. As for sample sites, four case neighborhoods were selected: two from Seoul and two from in and outside of the Seattle-Shoreline areas. As for participants, thirty Korean housewives in Seoul and thirty Korean-American housewives in the Seattle area were selected respectively, and their socio-demographic characteristics, GPS records, and travel diary data for seven days were collected and analyzed. Considering the typical rainy seasons in the two cities, data collections, including the physical activity assessment by GPS devices, were carried out from May to June and from September to October in Seoul, and from July to October in Seattle during the year 2010. Noteworthy research findings include the following: Korean participants in Seoul walk about 2.6 km on average per day, while Korean-American participants in Seattle walk about 400m on average per day. In the case sites of Seoul, 75% of grocery shopping activities happen within the neighborhood by walking, while only 17% of those activities on foot happen in the case sites of Seattle. As for the most walking activity, about 70% of total walking amounts are related to utilitarian walking in Seoul sites, while 50% of total walking are related to recreational walking in Seattle sites. Recreational walking and utilitarian walking occur separately in Seattle sites, while the two walking types are often combined in Seoul sites, which also contribute to more walking amounts and farther walking distances in Seoul sites. This paper empirically confirms the widely held assumptions in part that residents in Seoul, a relatively high-density and high mixed-use city, walk more than those in Seattle, a relatively low-density and low mixed-use city. This paper also recognizes that in the case of both cities, more walking activities occur in the neighborhood built environment, where finely-grained street networks, small lots and blocks, various pedestrian destinations, public transit access, etc are provided in close connection. The amount and frequency of walking activities, as well as the fineness of neighborhood features, however, are remarkably different in the two cities, whose implications deserve in-depth exploration in further studies.

Keywords

Urban Design; Physical Activity; Neighborhood Environment; Objective Measures; Gps Walking Data; International Comparative Study

The Ecological and Evolutionary Consequences of Systemic Racism in Urban Environments

Schell, Christopher J.; Dyson, Karen; Fuentes, Tracy L.; Des Roches, Simone; Harris, Nyeema C.; Miller, Danica Sterud; Woelfle-Erskine, Cleo A.; Lambert, Max R. (2020). The Ecological and Evolutionary Consequences of Systemic Racism in Urban Environments. Science, 369(6510), 1446.

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Abstract

Urban areas are dynamic ecological systems defined by interdependent biological, physical, and social components. The emergent structure and heterogeneity of urban landscapes drives biotic outcomes in these areas, and such spatial patterns are often attributed to the unequal stratification of wealth and power in human societies. Despite these patterns, few studies have effectively considered structural inequalities as drivers of ecological and evolutionary outcomes and have instead focused on indicator variables such as neighborhood wealth. In this analysis, we explicitly integrate ecology, evolution, and social processes to emphasize the relationships that bind social inequities-specifically racism-and biological change in urbanized landscapes. We draw on existing research to link racist practices, including residential segregation, to the heterogeneous patterns of flora and fauna observed by urban ecologists. In the future, urban ecology and evolution researchers must consider how systems of racial oppression affect the environmental factors that drive biological change in cities. Conceptual integration of the social and ecological sciences has amassed considerable scholarship in urban ecology over the past few decades, providing a solid foundation for incorporating environmental justice scholarship into urban ecological and evolutionary research. Such an undertaking is necessary to deconstruct urbanization's biophysical patterns and processes, inform equitable and anti-racist initiatives promoting justice in urban conservation, and strengthen community resilience to global environmental change.

Keywords

New-york; Climate-change; Land-cover; Socioeconomic-status; Ecosystem Services; Oxidative Stress; Green Spaces; Gene Flow; Justice; Cities

For Democracy: Planning and Publics Without the State

Purcell, Mark. (2016). For Democracy: Planning and Publics Without the State. Planning Theory, 15(4), 386 – 401.

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Abstract

This article argues that planning should develop a robust conception of publics without the State. We should do so because the State is a necessarily oligarchical arrangement that prevents us from achieving real democracy. We should explore publics without the State in both theory and practice.

Keywords

Participation; Democracy; Hobbes; Locke; Publics; State

Paratransit Services For People With Disabilities In The Seattle Region During The Covid-19 Pandemic: Lessons For Recovery Planning

Abu Ashour, Lamis; Dannenberg, Andrew L.; Shen, Qing; Fang, Xun; Wang, Yiyuan. (2021). Paratransit Services For People With Disabilities In The Seattle Region During The Covid-19 Pandemic: Lessons For Recovery Planning. Journal Of Transport & Health, 22.

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Abstract

Introduction: Along with all public transit services, paratransit services for people with disabilities experienced substantially reduced demand and an increased need to provide equitable services while protecting their clients and staff's safety during the COVID-19 pandemic. Paratransit services provide a lifeline for their clients' essential mobility needs, including access to medical appointments and grocery stores. In the absence of pre-existing pandemic response plans, examining transit agencies' responses to provide paratransit services during the pandemic can help inform planning for post-pandemic recovery and future disruptive events. Methods: In September 2020, we conducted semi-structured interviews with 15 decision-makers, planners, and drivers working for the primary transit agency in the Seattle region - King County Metro - and its paratransit contractors. Interview questions were designed to identify current services, policy gaps, and critical challenges for recovery planning and post-pandemic paratransit services. Interview transcripts were analyzed using NVivo software to obtain essential themes. Results: The interviewees provided insights about (1) paratransit service changes in response to the pandemic, (2) anticipated impacts of a returning demand on paratransit service efficiency, equity, and quality during the recovery period, and (3) innovative approaches for maintaining post-pandemic equitable paratransit services while balancing safety measures with available resources. Conclusions: Study findings suggest that paratransit service providers should consider (1) developing guidelines for future disruptive events, (2) examining alternative methods for food delivery to clients, (3) planning scenarios for delivering equitable services in the post-pandemic recovery period, and (4) increasing resilience possibly by establishing partnerships with transportation network companies.

Keywords

Paratransit; Mobility; Equity; Covid19 Pandemic; Scenario Planning; Recovery

Utilitarian and Recreational Walking Among Spanish- and English-Speaking Latino Adults in Micropolitan US Towns

Doescher, Mark P.; Lee, Chanam; Saelens, Brian E.; Lee, Chunkuen; Berke, Ethan M.; Adachi-mejia, Anna M.; Patterson, Davis G.; Moudon, Anne Vernez. (2017). Utilitarian and Recreational Walking Among Spanish- and English-Speaking Latino Adults in Micropolitan US Towns. Journal Of Immigrant & Minority Health, 19(2), 237 – 245.

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Abstract

Walking among Latinos in US Micropolitan towns may vary by language spoken. In 2011-2012, we collected telephone survey and built environment (BE) data from adults in six towns located within micropolitan counties from two states with sizable Latino populations. We performed mixed-effects logistic regression modeling to examine relationships between ethnicity-language group [Spanish-speaking Latinos (SSLs); English-speaking Latinos (ESLs); and English-speaking non-Latinos (ENLs)] and utilitarian walking and recreational walking, accounting for socio-demographic, lifestyle and BE characteristics. Low-income SSLs reported higher amounts of utilitarian walking than ENLs (p = 0.007), but utilitarian walking in this group decreased as income increased. SSLs reported lower amounts of recreational walking than ENLs (p = 0.004). ESL-ENL differences were not significant. We identified no statistically significant interactions between ethnicity-language group and BE characteristics. Approaches to increase walking in micropolitan towns with sizable SSL populations may need to account for this group's differences in walking behaviors.

Keywords

Walking; Confidence Intervals; Ecology; Ethnic Groups; Hispanic Americans; Income; Language & Languages; Metropolitan Areas; Population; Public Health; Recreation; Rural Conditions; White People; Logistic Regression Analysis; Socioeconomic Factors; Social Context; Body Mass Index; Acquisition Of Data; Physical Activity; Data Analysis Software; Odds Ratio; United States; Environment Design; Ethnicity; Rural Populations; Physical-activity; Built Environment; United-states; Postmenopausal Women; Acculturation; Risk; Transportation; Mortality; Health; Associations; Studies; Demographic Aspects; Telephone Surveys; Minority & Ethnic Groups; Physical Fitness; Low Income Groups; Urban Environments; Demographics; Language; Accounting; Statistical Analysis; Urban Areas; Towns; Populations; Adults; Lifestyles; Latin American Cultural Groups; Sociodemographics; Landscape Architecture; Population Growth; Pediatrics; Leisure; Health Care; Noncitizens; Preventive Medicine; United States--us

Transitioning to Homeownership: Asset Building for Low- and Moderate-Income Households

Acolin, Arthur; Ramiller, Alex; Walter, Rebecca J; Thompson, Samantha; Wang, Ruoniu. (2021). Transitioning to Homeownership: Asset Building for Low- and Moderate-Income Households. Housing Policy Debate, 31(6), 1032 – 1049.

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Abstract

This article assesses the asset building of households that take part in shared-equity homeownership (SEH) models. The contribution of this article is a comparison of outcomes for households participating in shared-equity programs with other low- and moderate-income households who rent or own properties without restrictions on appreciation. We matched participants in SEH programs to households with similar characteristics from the Panel Study of Income Dynamics (PSID) over the 1997-2017 period. The findings indicate that in real terms, median SEH homeowners accumulated about $1,700 in housing wealth annually or around $10,000 during their holding period. This amount is lower than the $2,100 median annual gain in home equity experienced by similar PSID owners but statistically and economically significantly larger than the $16 in annual gain experienced by similar PSID renters. The findings provide evidence that households participating in SEH programs experienced positive, but modest, wealth gains that were slightly lower than those of homeowners in unrestricted units but substantially higher than those of renters.

Keywords

Appreciation; Households; Property; Wealth; Income; Housing; Dynamic Tests; Home Ownership; Assets; Tenants; Equity; Owners

The Residential Segregation of San Antonio, Texas in 1910: An Analysis of Ethno-racial and Occupational Spatial Patterns with the Colocation Quotient

Cordoba, Hilton A.; Walter, Rebecca J.; Foote, Nathan S. (2018). The Residential Segregation of San Antonio, Texas in 1910: An Analysis Of Ethno-racial and Occupational Spatial Patterns with the Colocation Quotient. Urban Geography, 39(7), 988 – 1017.

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Abstract

The segregation of cities can be traced to a time when the compartmentalization of space and people was based on factors other than race. In segregation research, one of the limiting factors has always been the geographic scale of the data, and the limited knowledge that exists of segregation patterns when the household is the unit of analysis. Historical census data provides the opportunity to analyze the disaggregated information, and this paper does so with San Antonio during 1910. A spatial analysis of residential segregation based on race, ethnicity, and occupations is carried out with the colocation quotient to map and measure the attraction of residents. Results reveal the presence of residential segregation patterns on different sectors of the city based on households' ethno-racial and occupational attributes; therefore, providing evidence of the existence of residential segregation prior to the commonly cited determinants of segregation of the 20th century.

Keywords

Housing Tax Credit; Local Indicators; New York; Association; Indexes; Cities; Scale; City; Differentiation; Environment; Residential Segregation; Colocation Quotient; San Antonio; Spatial Analysis