Digital Commons Network^™

Sentenced To Purgatory: The Indefinite Detention Of Mariel Cubans, Yvette M. Mastin

The Scholar: St. Mary's Law Review on Race and Social Justice

Indefinite detention of Cuban immigrants is unconstitutional. Immigrants detained in American jails are being treated the same as individuals serving criminal sentences or awaiting disposition of their cases. Congress should, therefore, create a mandatory and uniform system of procedural due process. The system should be modeled after the procedural due process system established by the Kansas Legislature in the Kansas Sexually Violent Predator Act of 1994.  Although the U.S. Supreme Court has yet to rule on the indefinite detention of the Mariel Cubans, lower courts have held that the indefinite detention of Mariel Cubans does not violate the Constitution. Nonetheless, …

Insiders & Instrument: The Seventh Circuit's Reversal Of The Tax Court In United Cancer Council V. Commissioner, Daniel M. Ford

Case Western Reserve Law Review

No abstract provided.

Judicial Review Of Arbitration Awards On Public Policy Grounds: Lessons From The Case Law, Ann C. Hodges

Law Faculty Publications

A review of the case law demonstrates that most of the labor arbitration awards challenged on public policy grounds involve reinstatement of discharged employees. This article analyzes 138 private sector federal cases in which labor arbitration ·awards have been contested on public policy grounds. All the cases reviewed are discharge cases in which arbitration awards reversing the terminations were challenged. The article attempts to determine the factors that influence courts to uphold or overturn arbitration awards. This analysis will provide assistance to arbitrators in writing opinions that are less subject to challenge, and to employers, unions, and their attorneys in …

Cpa's Guide To Tackling Tough Tax Issues For Nonprofit Organizations, Robert R. Lyons

Guides, Handbooks and Manuals

No abstract provided.

Public Data And Personal Privacy, Steven C. Carlson, Ernest D. Miller

Santa Clara High Technology Law Journal

No abstract provided.

Big Bird Meets Big Brother: A Look At The Children's Online Privacy Protection Act , Laurel Jamtgaard

Santa Clara High Technology Law Journal

No abstract provided.

Fall 2000

University of Richmond Magazine

No abstract provided.

The Development And Current Status Of Parental Liability For The Torts Of Minors, Jeffrey L. Skaare

North Dakota Law Review

No abstract provided.

The Delicate Art Of Practicing Municipal Law Under Conditions Of Hell And High Water, Howard D. Swanson

North Dakota Law Review

No abstract provided.

Undergraduate Bulletin Of The University Of San Diego 2000-2002, University Of San Diego

Undergraduate Course Catalogs (1973- )

228 pages : illustrations, photographs ; 28 cm

Legislative Committee Abbreviations

California Regulatory Law Reporter

No abstract provided.

Medical Board Of California, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Board For Professional Engineers And Land Surveyors, Caroline J. Clark, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Senate Office Of Research, Elisa D'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.

2000-2001 Just The Facts, University Of San Diego

USD Fact Books (1985- )

No abstract provided.

Alcalá 2000

University of San Diego Yearbooks (1968-2010)

No abstract provided.

A Primer On The Civil Trial Of A Sexually Violent Predator, Joan Comparet Cassani

San Diego Law Review

Involuntary commitment' for sexually violent predators became the law in California in 1996. This law, the Sexually Violent Predator Act, provides for a civil jury trial.! This trial is unique, since some of the procedural protections afforded a criminal defendant apply. For example, a unanimous jury must find, beyond a reasonable doubt, that the individual is a sexually violent predator.

The Act provides for the treatment of the individual if committed, and carefully crafts the procedures for the mental health evaluation and review process. Unfortunately, the part of the statute that provides for the civil trial is not as tightly …

Suspected Unapproved Parts In The Aviation Industry: Consideration Of System Safety And Control, Steven J. Sletten

Journal of Aviation/Aerospace Education & Research

It is well known and highly touted that there is a historically high level of safety in U.S. air transportation. The American traveling public has come to expect this level of safety in the skies. Key elements in maintaining this high level of air safety are specific federal regulations, along with Federal Aviation Administration (FAA) surveillance, inspection, and enforcement activities. The U.S. Code of Federal Regulations include a framework of rules governing the design, manufacture, and use of aviation products and parts. The rules are in place to assist the aviation industry in maintaining its excellent safety record, and serve …

Faculty Senate Minutes-2000

Faculty Senate Minutes

No abstract provided.

Faculty Handbook, Georgia Southern University

Faculty Handbooks

Faculty Handbook for Georgia Southern University for the 2000-2001 academic year. The Faculty Handbook is published online by the Office of the Vice President for Academic Affairs and archived in Digital Commons@Georgia Southern.

Pretrial Release In Virginia: Investigating The Influence Of Defendant Characteristics And Community Type On Pretrial Outcome, Marie L. Vannostrand

Theses and Dissertations in Urban Services - Urban Management

This study identified defendant characteristics that are related to pretrial outcome (success or failure pending trial) in Virginia. The study also investigated the potential differences in predictors across community types (Large Urban, Small Urban, Mixed, and Rural). Identification of factors that are predictors of outcome, as well as any differences across community types, can assist judicial officers in making the bail decision. The bail decision, to release or incarcerate a defendant pending trial, is a monumental one. Judicial officers must attempt to fairly and equitably balance the rights and needs of the defendant with those of the public at large. …

Sustainable Orchard Management System, Diane Alston

All Current Publications

Fruit production in the intermountain west is besieged with problems. To cope with these problems, fruit growers mustbe competent in financing, banking, buying, public relations, marketing, meteorology, climatology, plant science, soil science, entomology, pathology, irrigation, fertilization, chemistry, physics, mechanics, and management.

Just Because John Marshall Said It, Doesn't Make It So: Ex Parte Bollman And The Illusory Prohibition On The Federal Writ Of Habeas Corpus For State Prisoners In The Judiciary Act Of 1789, Eric M. Freedman

Hofstra Law Faculty Scholarship

In recent times, both the Court and Congress (in the Anti-Terrorism and Effective Death Penalty Act of 1996, known as AEDPA) have placed increasingly severe restrictions on the ability of state prisoners to challenge the constitutionality of their convictions by bringing federal habeas corpus proceedings. At some point, these developments risk offending the Suspension Clause of the Constitution, which provides: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

In considering the scope of the Suspension Clause, the Court and scholars alike have …

Has Affirmative Action Been Negated? A Closer Look At Public Employment, H Lee Sarokin, Jane K. Babin, Allison H. Goddard

San Diego Law Review

First, this Article argues that affirmative action is right and necessary in certain circumstances. Second, it examines whether affirmative action has survived under current case law. Part II.A reviews the Supreme Court decisions that define the test of strict scrutiny in the public employment context. Part II.B discusses the current focus of the Court's debate on affirmative action. Part III looks at how strict scrutiny analysis and the Supreme Court's precedents are being applied by the lower federal courts. Part IV concludes that more guidance is needed from the Supreme Court on the first prong of the strict scrutiny analysis …

University Baccalaureate Curriculum Analysis For Safety And Health In The United States Of America (Usa) Toward A Model University Baccalaureate Curriculum, Margie L. Kolbe-Mims

Theses: Doctorates and Masters

The goal of this research was to determine a model safety and health baccalaureate curriculum. A secondary target was to ascertain if safety and health practitioners and safety and health educators would concur on course offerings. To simplify this study effort, a search of literature was conducted on the Occupational Safety and Health field. There were no in-depth studies of this type for such a general population; therefore no instrument was available for this study. The perusal of literature indicated that most such studies had been conducted using a more specific target group of subjects. That is, faculties or former …

Urine Trouble! Extending Constitutionality To Mandatory Suspicionless Drug Testing Of Students In Extracurricular Activities, James M. Mccray

Vanderbilt Law Review

The United States makes clear its reverence for education by demanding that its children attend school.' What is less clear, how- ever, is the nation's dedication to each student's constitutional rights. From the earliest days of the common law, public school students have lacked fundamental rights, even the right of liberty in its narrowest sense.' Although public students retain certain constitutional rights,' the public school system maintains an elevated power over its students." This power is like that of a parent,' including the duty to "inculcate the habits and manners of civility" into its students.' The public school's control over …

Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser

Scholarly Works

No abstract provided.

Monstrous Offenders And The Search For Solidarity Through Modern Punishment, Joseph E. Kennedy

UC Law Journal

In this article, Professor Kennedy examines the tremendous increase in the severity of punishment in America in recent decades. He posits that criminal punishment has come to serve as a new civic religion of sorts for a society worried about its ability to cohere. The depth of our anxieties about our social solidarity, Kennedy argues, expresses itself in our monstrous conceptions of crime and in the corresponding severity of our punishment. His conclusion is that crime has come to serve as a rallying cry for a divided and insecure society, and that individuals and groups try to use punishment and …

Toward The Restorative Constitution: A Restorative Justice Critique Of Anti-Gang Public Nuisance Injunctions, Joan W. Howarth

Scholarly Works

Gang members from elsewhere congregated on lawns, on sidewalks, and in front of apartment complexes at all hours. They displayed a casual contempt for notions of law, order, and decency -- openly drinking, smoking dope, sniffing toluene, and even snorting cocaine laid out in neat lines on the hoods of residents' cars. San Jose prosecutors responded by obtaining and enforcing a broad injunction against the gangs and their members, based on the finding that the gangs' activities constituted a public nuisance. California prosecutors have sought such anti-gang public nuisance injunctions since 1987. Their constitutionality was in doubt for ten years …

Guns, Extremists, And The Constitution, Calvin R. Massey

Faculty Scholarship

No abstract provided.