Digital Commons Network^™

Workshop | Body Worn Video Recorders: The Socio-Technical Implications Of Gathering Direct Evidence, Katina Michael, Alexander Hayes

Alexander Hayes Mr.

- From in-car video recording to body-worn video recording

- Exploring available technologies: how do they work, pros and cons

- Storing direct evidence in secure storage: factors to consider

- Citizens “shooting” back with POV tech – what are their rights?

- Crowdsourced sousveillance- harnessing public data for forensic profiling

- Police force policies and practices on the application of new media

Self-Defensive Force Against Cyber Attacks: Legal, Strategic And Political Dimensions, Matthew C. Waxman

International Law Studies

No abstract provided.

Vol. 5 No. 1, Fall 2013; "Correcting" The Foreclosure Crisis?, Matthew Broucek

Northern Illinois Law Review Supplement

Mortgage Resolution Partners, a venture capitalist firm based out of San Francisco, has been visiting with state and local governments across the country. Mortgage Resolution Partners proposes that eminent domain can, and should, be used to seize mortgages and refinance them in an attempt to correct the United States' foreclosure crisis. This article identifies and analyzes the policy issues and constitutional concerns that are inherent in the plan. The most critical constitutional concerns with the plan implicate the Takings Clause, the Contracts Clause, and the Dormant Commerce Clause of the United States Constitution.

F13rs Sgr No. 7 (Code Of Honor, Honor Board), Rees, Pinac, Voss, Muehleman, J Karam, Polander, Williams, Triche, Geymann, Grotte, Bourgeois

Student Senate Enrolled Legislation

No abstract provided.

Trauma-Informed Approaches To Law: Why Restorative Justice Must Understand Trauma And Psychological Coping, Melanie Randall, Lori Haskell

Dalhousie Law Journal

Becoming trauma informed entails becoming more astutely aware of the ways in which people who are traumatized have their life trajectories shaped by the experience and its effects, and developing policies and practices which reflect this understanding. The idea that lawand, in particular the criminaljustice system, should be trauma informed is novel, and, as a result, quite underdeveloped. In this paper we advance the general argument that more effective, fair, intelligent, and just legal responses must work from a perspective which is trauma informed. We specifically apply this argument to legal work being carried out and developed under the rubric …

Public Pensions And Debt In The State Of Maine, Ryan Knaus

Muskie School Capstones and Dissertations

Maine has taken important steps in recent years to reduce indebtedness and adequately fund their Public Employee Pension System (MainePERS), and is well-positioned relative to other U.S. states. The challenge for the State is to continue financing MainePERS and existing UALs with the same commitment, diligence and prudence.

Enhancing The Attractiveness Of Research To Female Faculty, Ronald G. Ehrenberg

Ronald G. Ehrenberg

[Excerpt] CSWEP has long been concerned about the underrepresentation of women in faculty positions at major research universities. I have been charged by the committee with enumerating a set of policies that might enhance the attractiveness of research universities to female faculty. After presenting some data that suggest the magnitude of the underrepresentation problem, I do so below. In each case, I sketch the pros and cons of the policy. Although the focus is on increasing the attractiveness of research universities to female faculty, many of the policies would increase the attractiveness of academic careers per se to new female …

Harmonising Australian Environmental Law: An Australian Oceans Act For Australia’S Oceans, G. L. Rose, C. Smythe

Professor Gregory Rose

A synopsis of a dicussion paper canvassing a new national approach to marine management: an Australian Oceans Act and an Australian Oceans Authority. The Australian Conservation Foundation and National Environmental Law Association launched the discussion paper in March 2006 about the future of Australia’s laws for its oceans.

Legal Frameworks For Integrated Marine Environmental Management, G. L. Rose

Professor Gregory Rose

The Australian federal government is rethinking its policy-based approach to integrated marine environmental management. Does effective coordination of oceans management activities require an overarching legislative framework? Should legislation operate to enforce cross-jurisdictional coordination? Can it also assure cross-sectoral integration? This paper explores possible answers to these questions, considering options for a legal framework for integrated marine environmental management in a federal context.

Managing Social Security Disability & Other Public Benefits: Development Of A Guide For Consumers And Providers, Stephanie L. Derochers

Muskie School Capstones and Dissertations

One in five Americans has a disability, making it the largest minority group in the U.S. (Soffer, McDonald, & Blanck, 2010). In 2011, 13.4 million working-aged adults received a disability cash benefit from the Social Security Administration (Kregel, 2012).

The Social Security Administration (SSA) is the federal agency responsible for managing, executing and overseeing retirement, survivor, old-age and disability benefits. There are over 1,500 Social Security offices and over 65,000 employees nationwide (SSA, 2013). SSA manages at least five disability benefit programs: Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), Disabled Widow(er) Benefit (DWB), Childhood Disability Benefit (CDB), though …

Vol. 4 No. 2, Spring 2013; The “Cowardly Counsel” Exception: Eliminating The Contemporaneous Objection Rule, Elizabeth George

Northern Illinois Law Review Supplement

The contemporaneous objection rule is very clear and precise in its application. However, as the law stands in the Ninth Circuit, failure to contemporaneously object coupled with any mention of race by the sentencing judge is automatic grounds for resentencing. This article explores the origins of this exception to the contemporaneous objection rule. Next, it explores why these statements constitute harmless error on the part of the trial court. Finally, it explains why this “cowardly counsel” exception could have potentially devastating effects to the policies that underlie the contemporaneous objection rule.

S13rs Sgr No. 5 (Medical Amnesty), Westbrook, Boudreaux, Tillay, Vargas

Student Senate Enrolled Legislation

No abstract provided.

Thresholds Of Actionable Mental Harm In Negligence: A Policy-Based Appraisal, Louise Bélanger-Hardy

Dalhousie Law Journal

Common law courts, in Canada and elsewhere, currently insist on proof of a recognizable psychiatric illness (RPI) before granting damages to plaintiffs seeking compensation for stand-alone mental harm caused by negligent acts. This article argues that the time has come to revisit this well-entrenched principle. The inquiry focuses specifically on the policy concerns underlying the current rule. As a first step, policy considerations for and against limiting the extent of actionable mental harm are canvassed and assessed. The author concludes that some of the perceived advantages of the RPI rule, in particular predictability,are debatable and that insistence on the traditional …

International Legal And Policy Frameworks For Integrated Coastal And Oceans Management: An Initial Analysis, Ben Tsamenyi, Georgia Nogueira De Souza Patu

Professor Ben M Tsamenyi

No abstract provided.

Future Environmental Policy Trends To 2020: Impact On Ship Design And Operation, Cameron Moore, Stuart Kaye, G. Rose, Ben Tsamenyi, Kwame Mfodwo, Linda Munoz, Barry Snushall

Professor Ben M Tsamenyi

The aim of this report is to provide the Royal Australian Navy with a strategic assessment of trends in international and domestic environmental law, policy and standards over the next 20 years, and the extent to which these may impact on future ship design and naval operation.

Promoting Sustainable Fisheries: The International Legal And Policy Framwork To Combat Illegal, Unreported And Unregulated Fishing, William Edeson, Ben Tsamenyi, Mary Ann Palma

Professor Ben M Tsamenyi

No abstract provided.

Navigating Pacific Fisheries: Legal And Policy Trends In The Implementation Of International Fisheries Instruments In The Western And Central Pacific Region, Quentin Hanich, Ben M. Tsamenyi

Professor Ben M Tsamenyi

Navigating Pacific Fisheries analyses the legal and policy context for the conservation, management and exploitation of tuna fisheries in the Western and Central Pacific region.

Reasonable Expectations: Seeking A Principled Application, William A. Mayhew

Pepperdine Law Review

No abstract provided.

Interpreting The Recently Enacted California Underinsurance Provisions Of The Uninsured Motorist Statute, Linda M. Schmidt

Pepperdine Law Review

No abstract provided.

Health Insurance Exchanges: Legal Issues, Timothy S. Jost

Timothy S. Jost

Health insurance exchanges (HIE) are entities that organize the market for health insurance by connecting small businesses and individuals into larger pools that spread the risk for insurance companies, while facilitating the availability, choice and purchase of private health insurance for the uninsured. While there are legal issues that warrant consideration under a federal, state, or private exchange framework, those issues are not insurmountable barriers to implementation.

Law And The Fog Of Healthcare: Complexity And Uncertainty In The Struggle Over Health Policy, Paul Starr

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Dual Use Research Policy Implementation, Carole R. Baskin, Todd J. Richardson

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Watch The World "Burn": Copyright, Micropatent And The Emergence Of 3d Printing, Matthew A. Susson

Matthew A Susson

Where the Industrial Revolution introduced the notion of mass production of goods — and thereby upended previous economic models — 3D printing now “makes it as cheap to create single items as it is to produce thousands,” which “may have as profound an impact on the world as the coming of the factory did.” In short, a new fabrication revolution is coming.

3D printing is, put simply, a technology that allows one to transform a digital file into a physical product — in other words, we can now print actual objects. Technology that allows users to manufacture complex objects at …

Federal Circuit V. Ninth Circuit: A Split Over The Conflicting Approaches To Dmca Section 1201, Robert Arthur

Marquette Intellectual Property Law Review

None.

Kiobel And Extraterritoriality: A Rule Without A Rationale, David L. Sloss

Maryland Journal of International Law

No abstract provided.

Submission To The Strategic Policy Division, Department Of Defence, On The Development Of The 2013 Defence White Paper, Christopher Rahman

Faculty of Law, Humanities and the Arts - Papers (Archive)

This submission on the development of the 2013 Defence White Paper addresses briefly four aspects:

1. The structure and content of the White Paper itself

2. Australia’s strategic environment

3. Australia’s military strategy

4. Force structure

Teaching Access, Or Freedom Of Information Law, Richard J. Peltz-Steele

Faculty Publications

Based on the author's experience developing and administering the course and materials, this article provides an introduction and resources to teach a graduate journalism or professional law school course on access to government, commonly called "freedom of information law", which may be constructed as a capstone course in law school. The appendices provide supporting material and references.

The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory, Jeffrey F. Addicott

Faculty Articles

A rules of engagement (“ROE”) Review Board should be created in order to provide an impartial review process for service members facing adverse administrative action for violations of ROE. Politicians defining the ROE, rather than military experts, create rules that are so restrictive and confusing that they ultimately run counter to the military objective of victory. A violation of a ROE can be a criminal offense under the Uniform Code of Military Justice, but violations are issued arbitrarily, and often the military does not charge the service member with a crime, instead using adverse administrative measures to impose punishment.

While …

Keep Your “Friends” Close And Your Enemies Closer: Walking The Ethical Tightrope In The Use Of Social Media., John G. Browning

St. Mary's Journal on Legal Malpractice & Ethics

This Article will examine the ethical issues posed by lawyers’ use of social media platforms in light of the ABA Ethics Commission 20/20 changes to the Model Rules of Professional Conduct. Social networking has had a transformative effect both on the way society shares information and on the legal profession. Much of the discussion to date focuses on the discovery and use of evidence from social media sites in criminal cases and civil litigation, but attention must also be directed to the ethical quandaries posed by the legal profession’s use of social media. This Article will consider issues such as …

The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory., Jeffrey F. Addicott

St. Mary's Law Journal

A rules of engagement (“ROE”) Review Board should be created in order to provide an impartial review process for service members facing adverse administrative action for violations of ROE. Politicians defining the ROE, rather than military experts, create rules that are so restrictive and confusing that they ultimately run counter to the military objective of victory. A violation of a ROE can be a criminal offense under the Uniform Code of Military Justice, but violations are issued arbitrarily, and often the military does not charge the service member with a crime, instead using adverse administrative measures to impose punishment. While …