Digital Commons Network^™

Who Watches The Watchmen? How Prosecutors Fail To Protect Citizens From Police Violence, Joshua Hegarty

Journal of Public Law and Policy

No abstract provided.

How Reasonable Is A Warrantless Protective Sweep? And How A Limited Search Is Better For Society As A Whole, Jamie Sotiropoulos

Journal of Public Law and Policy

No abstract provided.

On Teenage ‘Sexting’ And The Law, Rayeed Ibtesam

Journal of Public Law and Policy

No abstract provided.

Cop-Watch: An Analysis Of The Right To Record Police Activity And Its Limits, Raoul Shah

Journal of Public Law and Policy

No abstract provided.

Hate Crimes, The Death Penalty, And Criminal Justice Reform, J. Richard Broughton

Journal of Public Law and Policy

No abstract provided.

The Italian Enlightenment And The American Revolution: Cesare Beccaria’S Forgotten Influence On American Law, John Bessler

Journal of Public Law and Policy

The influence of the Italian Enlightenment—the Illuminismo—on the American Revolution has long been neglected. While historians regularly acknowledge the influence of European thinkers such as William Blackstone, John Locke and Montesquieu, Cesare Beccaria’s contributions to the origins and development of American law have largely been forgotten by twenty-first century Americans. In fact, Beccaria’s book, Dei delitti e delle pene (1764), translated into English as On Crimes and Punishments (1767), significantly shaped the views of American revolutionaries and lawmakers. The first four U.S. Presidents—George Washington, John Adams, Thomas Jefferson and James Madison—were inspired by Beccaria’s treatise and, in some cases, …

Fairness, Trust And Security In Online Dispute Resolution, Noam Ebner, John Zeleznikow

Journal of Public Law and Policy

No abstract provided.

Downgrading Non-Violent Drug Crimes:An End To The “Lock ‘Em And Leave ‘Em” Mentality, Tran T. Nguyen

Journal of Public Law and Policy

No abstract provided.

We Wouldn’T Be Here If It Weren’T For Them: Encouraging Family Caregiving Of Indigent Parents Through Filial Responsibility Laws, Katie Sisaket

Journal of Public Law and Policy

No abstract provided.

From The Stocks, To Handcuffs, To Hollywood: An Analysis Of Public Humiliation In Judge Judy’S Syndi-Court, Martin Mckown

Journal of Public Law and Policy

No abstract provided.

Restoring Justice: Lessons From Truth And Reconciliation In South Africa And Rwanda, Emily B. Mawhinney

Journal of Public Law and Policy

No abstract provided.

The Role Of Women In International Conflict Resolution, Cassandra K. Shepherd

Journal of Public Law and Policy

No abstract provided.

This Is The Family I Chose: Broadening Domestic Partnership Law To Include Polyamory, J. Boone Dryden

Journal of Public Law and Policy

No abstract provided.

The Societal And Economic Impacts Of Recent Dramatic Shifts In State Marijuana Law: How Should Minnesota Proceed In The Future?, Andrew L. Scherf

Journal of Public Law and Policy

No abstract provided.

One Size Does Not Fit All: A Look At The Disproportionate Effects Of Federal Mandatory Minimum Drug Sentences On Racial Minorities And How They Have Contributed To The Degradation Of The Underprivileged African–American Family, Danielle Snyder

Journal of Public Law and Policy

No abstract provided.

On The Occasion Of The 50th Anniversary Of The Civil Rights Act Of 1964: Persistent White Supremacy, Relentless Anti-Blackness, And The Limits Of The Law, Nancy A. Heitzeg Ph.D.

Journal of Public Law and Policy

No abstract provided.

Judicial Histories And Racial Disparities: Affirmative Action And The Myth Of The “Post Racial”, Alan A. Aja Ph.D., Daniel Bustillo

Journal of Public Law and Policy

No abstract provided.

Public Accommodations And The Civil Rights Act Of 1964: A Surprising Success?, Brian K. Landsberg

Journal of Public Law and Policy

No abstract provided.

Implications For The Mille Lacs Lake Fishery With Continued Enforcement Of The 1837 Treaty Of St. Peters, Matthew Steffes

Journal of Public Law and Policy

Mille Lacs Lake, one of Minnesota’s over 13,000 lakes, holds a reputation for being one of the best walleye fisheries in Minnesota, as well as being a fishing destination for anglers across the nation. In 1999 the Supreme Court held that the Mille Lacs Band of Chippewa Indians retained hunting and fishing rights on ceded land that were granted to them in the 1837 Treaty of St. Peters. Part of this ruling allowed the Mille Lacs tribe to continue their commercial walleye fishing operation on Mille Lacs Lake. Since the Supreme Court’s ruling, the walleye population on Mille Lacs Lake …

Assessing The Silica (Frac) Sand Mining Environmental Regulatory Frameworks In Minnesota And Wisconsin: Who Has A Better Plan For Digging, The Gophers Or Badgers?, William Miley

Journal of Public Law and Policy

In recent years silica (frac) sand mining activity in Minnesota and Wisconsin has grown significantly due to high demand for the sand from the hydraulic fracturing (or “fracking”) oil and gas extraction industry. Consequently, there has been much debate in the region over the proper state and local regulatory controls and overall framework to adequately protect against health and environmental impacts associated with the mining activities while also avoiding undue regulatory burdens that hinder economic development. This article analyzes the silica sand mining regulatory schemes in Minnesota and Wisconsin to determine if this booming industry is met with appropriate oversight. …

How ‘Comprehensive’ Is The Comprehensive Immigration Reform Bill? S. 744 And Its Implications For Muslims, Arabs, South Asians, Somalis And Iranian Immigrants, Samira Afzali

Journal of Public Law and Policy

This article discusses the failure of the current immigration reform debate in addressing immigration policies that affect highly unpopular ethnic communities including Muslims, Arabs, South Asians, Somalis and Iranians. The current debate on immigration reform was heavily shaped and influenced by the 2012 presidential elections and both parties’ attempts to win the Hispanic vote. For this reason, the current discourse on immigration reform has focused on one segment of the population, albeit a diverse segment.

Since the Clinton Administration, Congress has passed legislation that converged national security interests with immigration law. The current debate on immigration reform fails to address …

Narrowing The Scope Of Judicial Review For Humanitarian Appeals Of Deportation Orders In Canada, New Zealand And The United States, Timothy Philip Fadgen, Guy Charlton, Mark Kielsgard

Journal of Public Law and Policy

The paper will compare the humanitarian and compassionate appeal provisions in relevant immigration law allowed to deportees in Canada, New Zealand and the United States. It argues that while recent changes in each of the countries have preserved the humanitarian appeals process, the basis of the appeal and judicial review have been dramatically narrowed by changes in legislation and case law. These changes have particularly limited the scope of judicial review and the ability of the courts to overturn administrative decisions regarding the fitness of an applicant to benefit from the appeal provisions.

Immigration After Doma: How Equal Is Marriage Equality?, John Medeiros

Journal of Public Law and Policy

Nearly 36,000 United States citizens are currently living with their foreign-born same-sex partners. Until recently, same-gendered binational spouses have been unable to avail themselves of the immigration advantages shared by their heterosexual counterparts, largely because of Section 3 of the Defense of Marriage Act (DOMA), which defines “marriage” at the federal level as “a legal union between one man and one woman.” This dual treatment changed, however, in the summer of 2013, when the Supreme Court heard the case of United States v. Windsor, which challenged Section 3 of DOMA. In Windsor, the Court held that by restricting …

When Ferae Naturae Attack: Public Policy Implications And Concerns For The Public And State Regarding The Classification Of Indigenous Wildlife As Interpreted Under State Immunity Statutes, L. Reagan Florence

Journal of Public Law and Policy

Generally, most states have Immunity Statutes that grant municipal entities, and the government, immunity from particular tort-suit liabilities. Every state has a varied list of elements and factors that fall under particular municipality protection. One such protection is for when injuries arise from a “natural condition”, which has been interpreted to include many natural elements like: a rushing river; an avalanche, falling rocks, heavy rain, etc. But what about wildlife—especially indigenous wildlife? This article examines a case recently decided by the Utah Supreme Court, which involved the horrific story of an 11-year-old boy who was stolen from his tent by …

Snopa And The Ppa: Do You Know What It Means For You? If Snopa (Social Networking Online Protection Act) Or Ppa (Password Protection Act) Do Not Pass, The Snooping Could Cause You Trouble, Angela Goodrum

Journal of Public Law and Policy

This article discusses the importance of passing the Social Networking Online Protection Act and the Password Protection Act to afford vital protection against discrimination in hiring and admission decisions. Existing laws fail to adequately provide protection against discrimination after the advent of social media. Furthermore, failure to provide to provide protection via federal laws will create a disparity in the protection afforded individuals across the United States.

Social media has introduced a new world of opportunities for sharing, networking, but it has also created ample opportunities for others to snoop around, discriminate, and base their hiring or admission decisions, in …

“Sharing” Copyrights: The Copyright Implications Of User Content In Social Media, Jessica Gutierrez Alm

Journal of Public Law and Policy

Copyright law in America, in its current stage of development, does not sit well with common social media practices. This article explores the copyright implications of user content on social media platforms, such as Facebook, Twitter, and Pinterest. It first examines the copyrightability of "user-generated" content, and the broad licenses that users grant by agreeing to the vague Terms of Use that social media sites set forth. The article then looks to "user-found" content and activities such as "sharing" or "pinning" the creative works of others. Through these practices and conflicting Terms of Use, social media websites both encourage and …

Bringing America Back To The Future: Reclaiming A Principle Of Honesty In Property And Ip Law, Joshua J. Schroeder

Journal of Public Law and Policy

Seemingly undaunted by global market crisis, intangible assets have continued their course toward maximization as an absolute form of property. In fact, companies worldwide have been criticized for not claiming hundreds of billions of dollars of intangible value including their marketplace goodwill.[1] Overvalued intangible property can be a negative effect on pension funds, retirement and stock prices in general.[2] Shareholders have very little recourse when public businesses write off bad acquisitions of intangibles worth billions. The problem has infected our government to the highest levels. For instance, in 2011, the U.S. treasury's valuation of the U.S. varied by $2 trillion …