Digital Commons Network^™

Perpetual Panic, Michael M. O'Hear

Faculty Publications

No abstract provided.

Civic Republicanism, Public Choice Theory, And Neighborhood Councils: A New Model For Civic Engagement, Matthew J. Parlow

Faculty Publications

This paper analyzes the lack of civic engagement in local government decision-making and the problems that result from it. I consider one explanation as viewed through public choice theory: dominant special interest groups capture local governments for their own private interests. Thus, average citizens are not only alienated from their local government, but they also find the barriers to entry into local politics too high for collective action and participation. While at first glance this account seems descriptively accurate, public choice theory has normative limitations in explaining local governments because it fails to recognize these features of the local politics …

Pretrial Discovery Of Expert Testimony, Paul C. Giannelli

Faculty Publications

No abstract provided.

Settling The Matter: Does Title I Of The Ada Work?, Sharona Hoffman

Faculty Publications

Analysis of cases decided under Title I of the Americans with Disabilities Act (ADA), which addresses employment discrimination, reveals that defendants have consistently prevailed in well over 90% of cases since the ADA's inception. This empirical evidence has led many commentators to conclude that the ADA's Title I has failed to improve workplace conditions for individuals with disabilities.

This article attempts to assess the efficacy of Title I through a different lens. It focuses on several data sets that have previously received little attention. It examines Equal Employment Opportunity Commission merit resolutions, lawsuit settlement statistics, and reports concerning reasonable accommodation …

Nontestimonial Identification Orders For Dna Testing, Paul C. Giannelli

Faculty Publications

No abstract provided.

Faith In The Rule Of Law, Marc O. Degirolami

Faculty Publications

This is an essay on Brian Z. Tamanaha's Law as a Means to an End: Threat to the Rule of Law (2006).

For all but the most unflinching consequentialist, "instrumentalism" tends to draw mixed reviews. So it does from Brian Tamanaha. His book, Law as a Means to an End: Threat to the Rule of Law, documents with measured diffidence the ascendancy and current reign of "legal instrumentalism," so entrenched an understanding of law that it is "taken for granted in the United States, almost a part of the air we breathe." Professor Tamanaha shows that in our legal theorizing, …

Why Protect Private Arms Possession? Nine Theories Of The Second Amendment, Michael S. Green

Faculty Publications

No abstract provided.

Wireless Power Transmission To A Buried Sensor In Concrete, Khan M.Z. Shams, Mohammod Ali

Faculty Publications

The feasibility of sending wireless power to a buried sensor antenna within concrete was studied. a receive patch rectenna with 75.8% conversion efficiency was designed for operation at 5.7 GHz. The received DC power at the rectenna was measured within dry and wet concrete samples with various cover thicknesses and air-gaps. For the rectenna buried within 30 mm of the concrete, the received DC power was 10.37 mW, which was, about 70% of the received DC power in free-space.

Cognitive Radio: Fundamentals And Opportunities., Robert H. Morelos-Zaragoza

Faculty Publications

This talk is aimed at MSEE students in San Jose State University. It provides an overview of cognitive radio concepts and technologies. A MATLAB Simulink of demonstration of digital channel selection using a low IF radio architecture is presented. Technical challenges that remain to be solved in this area are identified.

Investigating The Justice System Response To Domestic Violence In Missouri, Mary M. Beck, Brandi L. Byrd, M. Meghan Davidson, Niels C. Beck, Gregory F. Petroski

Faculty Publications

One in four women will experience domestic violence in their lifetimes. Each year, 5.3 million domestic violence assaults occur in the United States alone and domestic violence is the leading cause of injury to women. Yet, despite the prevalence of domestic violence, little empirical research on the justice system's response to it exists. This paper seeks to describe a state funded project that was created to assess and compare responses to domestic violence throughout the state of Missouri. The project lasted for three years and was conducted by an interdisciplinary team of University of Missouri-Columbia (MU) professors and students.

Displacing Dissent: The Role Of Place In First Amendment Jurisprudence, Thomas P. Crocker

Faculty Publications

From the perspective of free speech theory, both of the central First Amendment values - human autonomy and deliberative democracy - require robust protection for the places and spaces in which speech and public discourse occur. This Article argues that current Supreme Court doctrine does not effectively protect speech from content neutral regulation of place. The problem is that remaining neutral is consistent with policies that would dislocate the very place for the "marketplace of ideas." Moreover, free speech theory focused on autonomy and deliberative democracy has not adequately addressed the role that place plays in furthering these values. Speech …

Josep Pujiula I Vila’S Labyrinthine Environment, Jo Farb Hernandez

Faculty Publications

No abstract provided.

The Second Chance Act And The Future Of Reentry Reform, Michael M. O'Hear

Faculty Publications

No abstract provided.

A Localist's Case For Decentralizing Immigration Policy, Matthew Parlow

Faculty Publications

In the past year, local governments have made a foray into the hotly debated arena of immigration law and policy by adopting laws to address illegal immigration in their respective jurisdictions. Courts have struck down many of these laws on the grounds that they are preempted pursuant to a traditional view of federalism. From a localist perspective, however, this is troubling for two reasons. First, traditional federalism fails to recognize local control and autonomy by insisting on treating local governments as mere arms of the state. Instead of the traditional two-tier, federal-state federalism model, localists favor a more modern view …

Response, What’S Good About Trials?, Michael M. O'Hear

Faculty Publications

This response questions whether trial distortion represents a significant problem. Professor O'Hear believes our main focus should be on “mak[ing] plea bargaining processes look more like trial processes.” According to Professor O'Hear, “The trick is to find ways of injecting the values of voice, neutrality, and respect into the plea bargaining process without robbing plea bargaining of its efficiency advantages over the trial process.”

Is The U.S. Government’S Mining Of Commercial Data Contributing To An Erosion Of Public Trust In Government?, Carter H. Manny Jd

Faculty Publications

Following the terrorist attacks of September 11, 2001, the executive branch of the U.S. Government turned to data mining practices for the avowed purpose of protecting public security. Relying on a combination of legislative authorization and cooperation by the private sector, federal institutions have obtained access to information in commercial databases collected largely from routine business transactions by ordinary people posing no particular threat to public order. Much of the data mining has occurred without safeguards like prior court authorization and limitations in the Privacy Act of 1974. In the absence of these safeguards designed to protect individual liberty, data …

Undermining Individual And Collective Citizenship: The Impact Of Exclusion Laws On The African-American Community, S. David Mitchell

Faculty Publications

The purpose of this article is to expose felon exclusion laws as a method for undermining the individual and collective citizenship rights of the African-American community, and to call for their abolition.

The First Amendment And Non-Political Speech: Exploring A Constitutional Model That Focuses On The Existence Of Alternative Channels Of Communication, Patrick Garry

Faculty Publications

No abstract provided.

On Terrorism And Whistleblowing, Michael P. Scharf, Colin T. Mclaughlin

Faculty Publications

At a Bio-Terrorism Conference at Case Western Reserve University School of Law on March 31, 2006, the government participants were asked what they would do if a superior instructed them not to disclose information to the public about the likely grave health affects of an ongoing bio-terrorist attack. In response, they indicated that they would be reluctant to become a "whistleblower." This is not surprising since, despite the federal and state laws that purport to facilitate such whistleblowing for the public good, government whistleblowers routinely have faced loss of promotion, harassment, firing, and in some instances criminal prosecution when they …

Visual Representations Of The Spatial Relationship Between Bermuda High Strengths And Hurricane Tracks, Jason T. Knowles, Michael Leitner

Faculty Publications

The 2004 and 2005 hurricane seasons dramatically demonstrated the magnitude of the societal significance of hurricanes, negatively impacting on all scales from the personal to the national. Although definitive identification of the forcing mechanisms controlling hurricane tracks and landfall patterns remains elusive, increasing evidence supports the hypothesis that the increase in hurricane activity along the Gulf Coast is due to a southwestward shift in the position of the Bermuda High. This research uses multiple visualization techniques to explore the spatial correlation between Bermuda High strengths - as interpreted from the North Atlantic Oscillation (NAO) index - and hurricane tracks. Using …

Mentally Ill Prisoners In The California Department Of Corrections And Rehabilitation: Strategies For Improving Treatment And Reducing Recidivism, W. David Ball

Faculty Publications

The California state prison system is proving ill-equipped to deal with the state's mentally ill prisoner population. This paper examines the ways in which mentally ill felons are not receiving adequate care while in prison as well as appropriate preparation for life after their release. The paper argues that the result is an avoidable drain on the state's budget as well as unnecessarily high recidivism rates for this population. Accordingly, constructive policy recommendations for ameliorating this shortcoming of the prison system are proposed.

Who Knew - The Admissibility Of Subsequent Remedial Measures When Defendants Are Without Knowledge Of The Injuries, Ryan Vacca, Mark G. Boyko

Faculty Publications

Federal Rule of Evidence 407 and equivalent state court rules prohibit the introduction of subsequent remedial measures for the purpose of demonstrating negligence, culpable conduct, or product defect. The rule breaks down, however, in application and purpose, when a defendant undertakes a new safety measure after the plaintiff's injury but before the defendant had knowledge of the loss. Such a situation is not uncommon. Would-be defendants frequently improve their products and product safety, whether in response to injuries incurred by other users, business pressures, or simply advances in the state of the art and scientific knowledge. Toxic exposure cases, where …

Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Eloisa Rodriguez-Dod, Olympia Duhart

Faculty Publications

Hurricane Katrina destroyed the homes of many people living in parts of the Gulf Region. The storm displaced as many as 800,000 victims and it is still difficult for them to return home. Consequently, many homeowners have turned to renting because of the slow recovery process. Renters face added difficulties; they are often the last in line for government benefits and other assistance. There is much hostility towards the rights of renters, creating even more difficulties for them.

This article focuses on the difficulties evacuee renters faced in New Orleans following the disaster. This article discusses legislation and attempted legislation …

Santa Clara County Soft First Story Multi Unit Building Survey, Guna S. Selvaduray, S. Vukazich, J. Tran

Faculty Publications

The objective of this survey was to provide data to emergency managers in Santa Clara County on the number of soft first-story multifamily dwellings (MFD) located in their communities using a cost-effective town-gown partnership. Target areas of cities were found by identifying areas containing residential units of two or more stories that had four or more living units. The survey found that 2,630, or 36%, of the 7,391 MFD in Santa Clara County are of the soft first-story construction type. It was found that one out of every nine apartment units in Santa Clara County is located in a soft …

Examining The Cdcynergy Event Assessment Tool: An Investigation Of The Anthrax Crisis In Boca Raton, Florida, J. J. Mcintyre, Steven J. Venette

Faculty Publications

This paper examines the dependability of the Event Assessment Tool over time. The latter is part of a CD-ROM-Emergency Risk Communication CDCynergy-distributed primarily to public information officers in the United States by the Centers for Disease Control and Prevention. The Event Assessment Tool is designed to aid emergency professionals in identifying the magnitude of a crisis event and to suggest appropriate actions to confront such a situation. Applied twice during the 2001 anthrax bioterrorism crisis in Boca Raton, Florida, the tool functioned in a binary manner by first indicating a moderate crisis level (on 4 October) and then four days …

Wrongful Convictions And Forensic Science: The Need To Regulate Crime Labs, Paul C. Giannelli

Faculty Publications

DNA testing has exonerated over 200 convicts, some of whom were on death row. Studies show that a substantial number of these miscarriages of justice involved scientific fraud or junk science. This article documents the failures of crime labs and some forensic techniques, such as microscopic hair comparison and bullet lead analysis. Some cases involved incompetence and sloppy procedures, while others entailed deceit, but the extent of the derelictions - the number of episodes and the duration of some of the abuses, covering decades in several instances - demonstrates that the problems are systemic.

Paradoxically, the most scientifically sound procedure …

Taxation, The Student Athlete, And The Professionalization Of College Athletics, Erik M. Jensen

Faculty Publications

It has become common to hear critics argue that big-time college athletes are being exploited by their institutions and that they should be paid fair market value for their services. This article argues that such a policy, if adopted, could have some unexpected consequences for the colleges. The traditional justification for not taxing athletic income (basically meaning, for most big-time schools, that from football and basketball) is that the participants are student athletes, that the activities are related to the colleges’ overall educational purposes, and that the athletic revenue is therefore not subject to the tax on unrelated business income. …

Federalism’S Battle With History: The Inaccurate Associations With Unpopular Politics, Patrick Garry

Faculty Publications

No abstract provided.

The "Mature" Rehnquist Court And The Dormant Commerce Clause Doctrine: The Expanded Discrimination, David Day

Faculty Publications

No abstract provided.

Aliens With Guns: Equal Protection, Federal Power, And The Second Amendment, Pratheepan Gulasekaram

Faculty Publications

The nexus between guns and alienage presents a window through which to assess the competing constitutional values embodied in the Equal Protection Clause, the federal foreign-affairs power, and the Second Amendment. This Article analyzes the application of equal-protection norms and the federal foreign-affairs power on federal and state statutes that restrict the ability of non-citizens to bear arms. Professor Gulasekaram argues that courts should evaluate alienage restrictions at both the state and federal level under a unified analytic framework that would attempt to reconcile both personhood norms, such as equality, and gate-keeping norms vindicated by reliance on federal-power doctrines. As …