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2012

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Full-Text Articles in Law

Juvenile Delinquency: An Investigation Of Risk Factors And Solutions., Lauren Cardoso Aug 2012

Juvenile Delinquency: An Investigation Of Risk Factors And Solutions., Lauren Cardoso

Pell Scholars and Senior Theses

This article proposes that educational and community based programs can help juveniles stay away from crime and prevent recidivism. A presentation of federal and state statistics, along with an analysis of the risk factors for delinquency, will be provided in order to illustrate the important areas that should be addressed in successful programs. Testimonies, including personal interviews with those who have experience working at the RI Training School, DCYF, Boys' Town, Child and Family Services will be shared as evidence of the research found. Finally, recommendations based on the findings will be proposed.


Perceptual Framing Of Homeland Security, Linda Kiltz, James D. Ramsay Aug 2012

Perceptual Framing Of Homeland Security, Linda Kiltz, James D. Ramsay

Security Studies & International Affairs - Daytona Beach

This article analyzes the phenomenon of homeland security through the development of four conceptual lenses that were created out of the existing literatures in criminal justice, public administration, organization behavior, risk management, international relations, and the overlap between them. Using terrorism as a proxy for the homeland security enterprise, these conceptual lenses include: (1) homeland security as a criminal justice problem which views terrorism as a crime; (2) homeland security as a international relations problem which views terrorism as a war; (3) homeland security as an organization design problem which views terrorism as a network of sub-state transnational actors; and …


Chasing Until The Wheels Fall Off: Developing A Typology Of High-Risk Police Pursuits In Georgia, Lee Miller Wade Aug 2012

Chasing Until The Wheels Fall Off: Developing A Typology Of High-Risk Police Pursuits In Georgia, Lee Miller Wade

Dissertations

The goal of this research project was to examine the potential variables associated with high-risk police pursuits in the state of Georgia. The objectives of the research project were to develop a typology of high-risk pursuits, ascertain the usage of pursuit termination techniques, and inform on the current status of pursuits amongst accredited agencies in the state of Georgia. The Georgia Association of Chiefs of Police (GACP) initiated data collection of pursuits among accredited agencies as a result of the decision in Scott v. Harris 2007. A sample of 2,155 pursuit reports from 2007 to 2009 was analyzed using descriptive …


The Cultural Complex Of Innocence: An Examination Of Media And Social Construction Of Missing White Woman Syndrome, Sarah Land Stein Aug 2012

The Cultural Complex Of Innocence: An Examination Of Media And Social Construction Of Missing White Woman Syndrome, Sarah Land Stein

Dissertations

This study examined the etiology and promulgation of the sociological phenomenon known as missing white woman syndrome. It was hypothesized that missing white woman syndrome may not be entirely attributable to racial disparity as has been claimed in the past. Rather, citing the work of Dr. Carl Jung, the researcher believed that missing white woman syndrome may be partially explained by a concept known as a cultural complex. The cultural complex that was hypothesized for purposes of this study is one related to innocence: That is, as a western society, we have been culturally overexposed to the blonde, Caucasian female …


Mr. Taney’S ‘Capital Gap’: Charting The Growth Of The Federal Colony System, 1789-1960, Peter J. Aschenbrenner Jul 2012

Mr. Taney’S ‘Capital Gap’: Charting The Growth Of The Federal Colony System, 1789-1960, Peter J. Aschenbrenner

Peter J. Aschenbrenner

When Chief Justice Roger Taney conceded the existence of ‘colonies … established and maintained’ by the federal government, albeit denying ‘power given’ in the Constitution, he had the corpus of American history to contend with. The ‘capital gap,’ as OCL defines it, supplies several measures: the balance of power between regions, the remaining inventory of nascent (ready to be made) states (=territories), the remaining inventory of available territories in gross or subdividable, and for the latter two, the net of these inventories on a regional basis. Taney’s opinion, in this fourth in a series, rises or falls on the historical …


The Imperial Semicolon Holds Court At Il Ristorante Beauflanx, Selections From Story Conquers, Peter J. Aschenbrenner Jul 2012

The Imperial Semicolon Holds Court At Il Ristorante Beauflanx, Selections From Story Conquers, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Alaska Territory, July, 1947, Il Ristorante Beauflanx: At a dinner party the assembly turns its attention to the Imperial semicolon, citation to works published before the reign of Otto III, and the competing virtues of the double (“) vs. the single (‘) quotation mark. Dydo Barclay presides. Orthographically correct footwear does not make its appearance, however.


Table Annexed To Article: Mr. Madison Counts The Debates Of ‘The People In Their Conventions’, Peter J. Aschenbrenner Jul 2012

Table Annexed To Article: Mr. Madison Counts The Debates Of ‘The People In Their Conventions’, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Madison referred to the ‘sense’ of the Constitution as the ‘sense attached to it by the people in their conventions.’ OCL tables the availability of that ‘sense’ as a resource through the publication (or lack thereof) of ratification convention journals and debates.


Table Annexed To Article: Appraisives In The Early Constitution, Peter J. Aschenbrenner Jul 2012

Table Annexed To Article: Appraisives In The Early Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The vocabulary of the federal constitution includes appraisives such as ‘needful’, ‘comfort’ and ‘good.’ These are words employed when the writer is making a value judgment and wants the reader to know that a judgment has been made at the time of the communicative act. In addition, these words can be employed when the writer permits, commands, or prohibits the reader’s conduct in the future. Appraisives used in the Early Constitution are surveyed.


The Pasha's Gift: How The Few Benefit The Many By Arguing About The Perfect World, Peter J. Aschenbrenner Jul 2012

The Pasha's Gift: How The Few Benefit The Many By Arguing About The Perfect World, Peter J. Aschenbrenner

Peter J. Aschenbrenner

We know that process matters (for the wrong reasons) because participants in the process of organizing future process (such as a convention organizing a congress) will seek to ‘game’ the process. But does why the legislative (second-named) process exist at all? The presumption of rejection asserts that the many are jealous of the few; so how can the few overcome the presumption? The net social benefit conferred by the few is investigated and the Pasha’s search for answers requited.


Stop, Look And Lament: Jeremy Bentham Explains The Texture Of The Bill Of Rights, Peter J. Aschenbrenner Jul 2012

Stop, Look And Lament: Jeremy Bentham Explains The Texture Of The Bill Of Rights, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Words, phrases and sentences devoted to if … then … or provided that or but or as will not cue restraints, which enhance or diminish the force of commands and permissions, on the one hand, and, on the other hand, prohibitions, in the Early Constitution. Bentham and Madison are surveyed to mine an explanation for variance in texture of the Bill of Rights (1789) as opposed to the Philadelphia Constitution (1787) and the two amendments (1795, 1804) which complete the Corrective Constitution.


Classifying Our Constitution: Amendments Thirteen Through Twenty-Seven In Ctu Format With Word Counts, Peter J. Aschenbrenner Jul 2012

Classifying Our Constitution: Amendments Thirteen Through Twenty-Seven In Ctu Format With Word Counts, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Amendments Thirteen through Twenty-Seven are presented in CTU format with word counts to establish word placement. Amendments are grouped by purpose and various versions of the federal constitution are compared and named.


Table Annexed To Article: The Decline Of Virginia’S Voting Strength In Congress, Peter J. Aschenbrenner Jul 2012

Table Annexed To Article: The Decline Of Virginia’S Voting Strength In Congress, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The voting strength of the original thirteen states declined as new states entered the Union and population moved west. OCL tables the changes in Virginia’s congressional delegation. The information backgrounds Sen. Calhoun’s speech (March 4, 1850) against the Compromise of 1850.


Dr. Franklin's Dilemma: Per Capita Meets Per Stirpes At The Federal Convention, Peter J. Aschenbrenner Jul 2012

Dr. Franklin's Dilemma: Per Capita Meets Per Stirpes At The Federal Convention, Peter J. Aschenbrenner

Peter J. Aschenbrenner

At the federal convention, Benjamin Franklin highlighted the difference between the two voting regimes which divide the logical possibilities between them: per capita and per stirpes. Franklin forced the convention to consider what process was best designed to overcome the presumption of rejection by which assemblies are deemed to have rejected action.


The Decline Of Virginia’S Voting Strength In Congress, Peter J. Aschenbrenner Jul 2012

The Decline Of Virginia’S Voting Strength In Congress, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The voting strength of the original thirteen states declined as new states entered the Union and population moved west. OCL tables the changes in Virginia’s congressional delegation. The information backgrounds Sen. Calhoun’s speech (March 4, 1850) against the Compromise of 1850.


Who Were The Superfounders? And Why Does It Matter?, Peter J. Aschenbrenner Jul 2012

Who Were The Superfounders? And Why Does It Matter?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Thirty-two of the fifty-five delegates who attended the federal convention went on to attend a ratifying convention; twenty-five are Yes-Founders and one, Gov. Edmund Randolph, won his ‘SuperFounder’ status at the Virginia Ratifying Convention. Never before surveyed as a group, the table annexed names the SuperFounders and details their opposite numbers, the No-Founders.


Table Annexed To Article: The Crittenden Amendment: The Key To American History, Peter J. Aschenbrenner Jul 2012

Table Annexed To Article: The Crittenden Amendment: The Key To American History, Peter J. Aschenbrenner

Peter J. Aschenbrenner

“Whereas, serious and alarming dissensions have arisen between the Northern and Southern States,” the Crittenden amendment (1860-1861) proposed “constitutional provisions, which shall do equal justice to all sections, and thereby restore to the people that peace and good will which ought to prevail between all the citizens of the United States.” So what was wrong with the 5,224 words of the federal constitution that these 1,348 words were going to fix?


محاسن دستور مكتوب من وراء ستار الجهل, Ahmed Souaiaia Jul 2012

محاسن دستور مكتوب من وراء ستار الجهل, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


Agenda: Drafting Model Laws On Indoor Pollution For Developing And Developed Nations, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Natural Resources, Energy And Environmental Law Review Jul 2012

Agenda: Drafting Model Laws On Indoor Pollution For Developing And Developed Nations, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Natural Resources, Energy And Environmental Law Review

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

On July 12 and 13, 2012, experts convened at Colorado Law to demonstrate the extent to which a model law could help address the global problem of indoor air pollution from inefficient cook stoves. The air pollution that results from inefficiently burning biomass as fuel for cooking has serious health and climatic consequences. The workshop produced two sets of Model Laws and commentaries to help nations solve the problem, and the commentaries were published in the Colorado Natural Resources, Energy, and Environmental Law Review.


Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy Jul 2012

Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

11 pages.

"This Essay introduces the framework for deliberation and legislative drafting undertaken at the workshop: Drafting Model Laws on Indoor Pollution for Developing and Developed Nations on July 12-13, 2012, in Boulder, Colorado. There are a number of fundamental premises upon which the workshop was based, and this Essay refers to the most salient among them."-- Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 319 (2013).


Development And Dissemination Of Clean Cookstoves: A Model Law For Developed Countries, Scott Miller Jul 2012

Development And Dissemination Of Clean Cookstoves: A Model Law For Developed Countries, Scott Miller

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

21 pages.

"This model law was developed at a legislative drafting workshop on July 12-13, 2012, entitled Drafting Model Laws on Indoor Pollution for Developing and Developed Nations, which was sponsored by the Center for Energy & Environmental Security and the Colorado Natural Resources, Energy & Environmental Law Review at the University of Colorado Law School in Boulder, Colorado."-- Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 355 (2013).

"Scott Miller ed."


Development And Dissemination Of Clean Cookstoves: A Model Law For Developing Countries, Lakshman Guruswamy Ed. Jul 2012

Development And Dissemination Of Clean Cookstoves: A Model Law For Developing Countries, Lakshman Guruswamy Ed.

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

24 pages.

"This model law was developed at a legislative drafting workshop on July 12-13, 2012, entitled Drafting Model Laws on Indoor Pollution for Developing and Developed Nations, which was sponsored by the Center for Energy & Environmental Security and the Colorado Natural Resources, Energy & Environmental Law Review at the University of Colorado Law School in Boulder, Colorado." Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 331 (2013).


Table Annexed To Article: Mr. Madison Speaks Out: Re-Creation Text Sourced From The Farrand Survey And Detached Memoranda, Peter Aschenbrenner Jul 2012

Table Annexed To Article: Mr. Madison Speaks Out: Re-Creation Text Sourced From The Farrand Survey And Detached Memoranda, Peter Aschenbrenner

Peter J. Aschenbrenner

The text of James Madison�s Letters from Farrand�s Volume III are analyzed along with Madison�s �Detached Memoranda,� his constitutional testament.


Table Annexed To Article: Madison’S Top Twenty Words In Farrand And The Detached Memoranda,, Peter Aschenbrenner Jul 2012

Table Annexed To Article: Madison’S Top Twenty Words In Farrand And The Detached Memoranda,, Peter Aschenbrenner

Peter J. Aschenbrenner

Abstract. Madison’s entries in Farrand after 1817, his Detached Memoranda, and his essays in The Federalist Papers are analyzed for word frequencies.


Radiography To The Chilean Human Rights Institution: Between Law And Politics, Sergio Verdugo Sverdugor@Udd.Cl, José Francisco Garía Jul 2012

Radiography To The Chilean Human Rights Institution: Between Law And Politics, Sergio Verdugo Sverdugor@Udd.Cl, José Francisco Garía

Sergio Verdugo R.

The article examines the fundamental recommendations for the national human rights institutions (NHRI) to function with proper autonomy against the state and, also, against NGOs that try to capture the commission´s agenda. The authors analyse the institutional design of the Chilean Human Rights Institution (INDH) and evaluates the profile and the nomination process of its membership. The paper provides evidence that demonstrates that the INDH´s research agenda is associated with a partial political view. Then, the authors suggest certain changes to strengthen the independence of the INDH.


Table Annexed To Article: Text Of Early State Bills Of Rights, Peter J. Aschenbrenner Jun 2012

Table Annexed To Article: Text Of Early State Bills Of Rights, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The thirteen newly-organized colonies (states) began to adopt Bills of Rights. These are presented in Constitutional Text Unit format and analyzed.


Table Annexed To Article: Dual Office Holding / Status Acquisition In The Federal Constitution: The Logic Of Aspirations Introduced, Peter J. Aschenbrenner Jun 2012

Table Annexed To Article: Dual Office Holding / Status Acquisition In The Federal Constitution: The Logic Of Aspirations Introduced, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The federal constitution addresses a number of situations in which an aspirant to office or status must abide by requirements/prohibitions regarding dual office holding and status acquisition. The pertinent provisions are reviewed and logical aspects of this issue are introduced.


Recovered Textures In The Early Constitution: Schemes Vs. Dreams, Peter J. Aschenbrenner Jun 2012

Recovered Textures In The Early Constitution: Schemes Vs. Dreams, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Are the Philadelphia Constitution and the Bill of Rights works of art? If so, how would critics describe these works in program notes? Contrast is the order of the day: the features of each one, played against the other. Goethe, Cervantes, Beethoven , Wagner and the divine Wolfgang are invoked, along with Pope, Richardson, and the Immortal Bard.


Crafting The Northwest Ordinance Of 1787: Tracking Delegates Blount, Few, Pierce And Butler, Peter J. Aschenbrenner Jun 2012

Crafting The Northwest Ordinance Of 1787: Tracking Delegates Blount, Few, Pierce And Butler, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Tracking Paths of Four Men Who were Delegates and Attendees at both the 1787 Federal Convention and the 1787 Session of the Continental / Confederation Congress, when combined with internal quorum requirements of the Congress, yields significant information about the adoption of the Northwest Ordinance. First in a series.


Table Annexed To Article: What The Polar Bears Taught The Cops, Peter J. Aschenbrenner Jun 2012

Table Annexed To Article: What The Polar Bears Taught The Cops, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Charting of Shouldstatements is explored: while parliamentary procedure guides delegates at a constitutional assembly, who, in ordered discourse will tease out goodness, right and duty statements, the delegates could, on the voicing of any proposal, generate twelve statements by resort to a routine which deploys grammatically correct sentences.


Identifying And Attributing Similar Traces With Greatest Common Factor Analysis, Fred Cohen Jun 2012

Identifying And Attributing Similar Traces With Greatest Common Factor Analysis, Fred Cohen

Journal of Digital Forensics, Security and Law

This paper presents an algorithm for comparing large numbers of traces to each other and identifying and presenting groups of traces with similar features. It is applied to forensic analysis in which groups of similar traces are automatically identified and presented so that attribution and other related claims may be asserted, and independently confirmed or refuted. The approach of this paper is to identify an approximate algorithm that will find a large subset of greatest common factor similar groups of arbitrary factors in far less time and space than an exact algorithm using examiner-provided selection criteria for factor definition.