Digital Commons Network^™

The Future Of American Sentencing: A National Roundtable On Blakely, Ronald J. Allen, Albert Alschuler, Douglas A. Berman, Stephanos Bibas, Frank O. Bowman Iii, Daniel P. Blank, Charles R. Breyer, Steven Chanenson, Michael R. Dreeben, Margareth Etienne, Jeffrey L. Fisher, Patrick Keenan, Joseph E. Kennedy, Nancy J. King, Susan J. Klein, Rory K. Little, Marc L. Miller, J. Bradley O'Connell, David Porter, Kevin R. Reitz, Daniel C. Richman, Kate Stith, Barbara Tombs, Richard B. Walker, Robert Weisberg, Robert F. Wright Jr., Jonathan Wroblewski, David N. Yellen

Faculty Scholarship

In the wake of the dramatic Supreme Court decision in Blakely v. Washington, Stanford Law School convened an assembly of the most eminent academic and professional sentencing experts in the country to jointly assess the meaning of the decision and its implications for federal and state sentencing reform. The event took place on October 8 and 9, just a few months after Blakely came down and the very week that the Supreme Court heard the arguments in United States v. Booker and United States v. Fanfan, the cases that will test Blakely's application to the Federal Sentencing Guidelines. Thus the …

Of Money And Judicial Independence: Can Inherent Powers Protect State Courts In Tough Fiscal Times?, Michael L. Buenger

Kentucky Law Journal

No abstract provided.

Monterey County Volunteer Agencies, Alice Mitchell

Capstone Projects and Master's Theses

The Federal Probation office was faced with a great problem dealing with offenders. As part of an offender's terms of probation they must complete community service hours. Offenders are required to complete hours ranging from 100-400 hours. The Federal Probation office was lacking a set of resources available for offenders to volunteer. I created an electronic database, which consisted of Monterey County volunteer agencies willing to accept federal offenders. This database helps address the agency's problem of helping offenders complete all terms of probation.

Northeastern Illinois University, Academic Catalog 2004-2005, Northeastern Illinois University

Course Catalogs

No abstract provided.

The Debate Over Genetically Modified Crops In The United States: Reassessment Of Notions Of Harm, Difference, And Choice, Matthew Rich

Case Western Reserve Law Review

No abstract provided.

Evaluating Population Management Scenarios: Crunching The Numbers Before Going To The Field, Bradley F. Blackwell, Brian E. Washburn, Michael J. Begier

United States Department of Agriculture Wildlife Services: Staff Publications

Effolts to mitigate wildlife-human conflicts tpically involve management of unacceptably abundant populations. Increasingly, however, reduction of dense or increasing populations of certain wild species evokes both support and contention kom the public. Management decisions involving population reduction, particularly those directed at highly visible species, should therefore be based on quantitative evaluation of potential outcomes prior to implementation. The purpose of th~sp aper is to revisit a call for use of population modeling in management decisions by reviewing basic aspects of population analysis and the use of publicly available long-term data sets in environmental assessments and impact statements. Our objectives are …

The State Department Of Education's Role In Creating Safe Schools, Marilyn Grady, Jean Haar, Mary Ann Losh

Department of Educational Administration: Faculty Publications

The authority for public education in the United States does not stem from the Constitution, but rather is a "reserved" power remaining with the states. It originates from the Tenth Amendment, which reserves to the states those powers neither expressly given to the national govennnent nor denied to the state governments. However, most states have not exercised their authority for public education directly until recent decades. Education is a state function that is largely locally administered (Aikin, Linden, Noel, & Ray, 1992). Each state exercises its education function completely or in part through a state department of education that has …

Doing Good, Doing Well Symposium, Howard M. Erichson

Faculty Scholarship

Rather than focusing on the differences between tort lawyers and activists as they ally with each other, this Article focuses on the motivations and explanations of the tort lawyers themselves. Positioned at the intersection of big-money practice and social change litigation, mass torts provide a useful study in multiple motivations. While financial incentives for plaintiffs' lawyers explain much of what happens in mass torts, policy objectives come into play as well, at least in the lawyers' rhetoric. Despite the obvious difficulty distinguishing reasons from rhetoric and rationalization, it is worth exploring the significance of mixed motives for lawyers who are …

Seven Habits Of A Highly Effective Scholar, Jerold H. Israel

Articles

Yale Kamisar has been my friend and colleague for almost forty years now, and my first inclination was to write about those relationships, which have meant so much to me. But I know that other friends and colleagues participating in this tribute issue can bring to the description of those relationships far greater skill and far greater eloquence. I have been Yale's coauthor for roughly thirty-five years on his professional "pride and joy" - Modern Criminal Procedure' - and that is another relationship that I could describe with warmth and affection. But Wayne LaFave, who has shared this same role, …

Why I Write (And Why I Think Law Professors Generally Should Write), Yale Kamisar

Articles

As my colleague James Boyd White has observed, It may look as though we are all doing the same thing, as we huddle over our typewriters or computers, producing work called articles or books, but we are in fact often doing very different things, and I think it is important to recognize and value these differences, in ourselves and in others. There are not only differences in what we write but in whom it is that we write for. Unlike Professor White,2 I usually write as professional to professional. Again, unlike Professor White,3 I am fairly comfortable with "the voice …

Is There A First Amendment Defense For Bush V. Gore , Abner S. Greene

Faculty Scholarship

Could so many well-established scholars be wrong? Is it possible that Bush v. Gore is defensible, after all? The two pillars of the decision-the Equal Protection Clause justification for the merits holding and the "safe harbor" remedial ruling - indeed seem weak. The alternative merits view-that the Florida Supreme Court had engaged in statutory amendment under the guise of statutory interpretation, thus violating Article II of the federal Constitution-runs aground against the plausible (albeit not necessarily correct) readings of the state high court. If one agrees that these merits and remedial arguments are indefensible, then mustn't one agree with the …

"Doublethink"Ing Privacy Under The Multi-State Antiterrorism Information Exchange, Thomas V. Burch

Scholarly Works

This Article examines the development of the Matrix program and analyzes its effect on what Justices Warren and Brandeis termed the individual's "right to be let alone." To understand the Matrix's effect on individual privacy, one must scrutinize the program in the context of United States history.From the Alien and Sedition Acts to the Red Squads of the 1960s and 1970.

Part II of this Article examines how civil liberties often suffer unnecessarily in times of national crisis. Part III then discusses how this truism applies in the current "war on terror" and details the development and operation of the …

A Well Regulated Right: The Early American Origins Of Gun Control, Saul Cornell, Nathan Dedino

Fordham Law Review

No abstract provided.

Elites, Identity Politics, Guns, And The Manufacture Of Legal Rights, Calvin Massey

Fordham Law Review

No abstract provided.

Cook And Ludwig's Principles For Effective Gun Policy: An Extension To Suicide Prevention, Deborah Azrael

Fordham Law Review

No abstract provided.

On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard E. Harcourt

Fordham Law Review

No abstract provided.

Teaching Ethics/Doing Justice, Anthony V. Alfieri

Fordham Law Review

No abstract provided.

A Duty To Make Reasonable Efforts And A Defense Of The Disparate Impact Doctrine In Employment Discrimination Law, Laya Sleiman

Fordham Law Review

No abstract provided.

Rule 37 And/Or A New Rule 34.1: Safe Harbors For E-Document Preservation And Sanctions, Thomas Y. Allman, Stephen G. Morrison, Laura Lewis Owens, Anthony Tarricone

Fordham Law Review

No abstract provided.

The Unknown Past Of Lawrence V. Texas, Dale Carpenter

Faculty Journal Articles and Book Chapters

This Article is an attempt to fill in some of the gaps in the public's knowledge of the case Lawrence v. Texas. Much of the rich post-arrest history of the case has been ignored. But for the courage, insight, and initiative of three men in particular, the arrest might have been another forgotten episode in what the author calls the under history of the Texas sodomy law, the history not told in appellate opinions or in most other accounts.

Section II reviews the "somewhat known" past, tracing the evolution of the Texas sodomy law from a statute so facially …

Sex Offender Reentry Courts: A Proposal For Managing The Risk Of Returning Sex Offenders To The Community, John G. La Fond, Bruce J. Winick

Seton Hall Law Review

No abstract provided.

The Containment Approach To Managing Sex Offenders, Kim English

Seton Hall Law Review

No abstract provided.

Legislating Under The Influence: Are Federal Highway Incentives Enough To Induce State Legislatures To Pass A 0.08 Blood Alcohol Concentration Standard?, Christopher O'Neill

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Vectors, Polluters, And Murderers: Hiv Testing Policies Toward Prostitutes In Nevada, Cheryl L Radeloff

UNLV Retrospective Theses & Dissertations

This case study explores HIV testing policy and prostitution in Nevada. Three general themes emerge from analysis of Nevada's HIV/AIDS policy regarding prostitution. First, HIV testing policies reflect and reproduce hegemonic sexuality-specifically gender inequality, heterosexist orientation, and negative stereotypes of prostitutes. Second, Nevada's legalized prostitution industry makes visible the effects of economic dynamics, specifically tourism, on policies related to sexuality. Finally, the policymaking process depicts conflict between two approaches to regulation: the punitive control measures favored by law enforcement, and prevention and public health strategies favored by health bureaucracies. Testing prostitutes for HIV became the dominant policy response to an …

Cultivation Of Fear Of Blacks In Las Vegas Television News Media, Mark Leigh Curry

UNLV Retrospective Theses & Dissertations

This study was a content analysis of Las Vegas television news ( N = 1,145) and was designed to determine whether the potential exists for media consumers in the Las Vegas market to become fearful due to the overrepresentation of crime committed by Black offenders. One research question and two hypotheses were generated for this study. Research question one asked if there was an inverse relationship existing between media reports of index crimes and actual data offered by the State of Nevada Department of Motor Vehicles and Public Safety, and was supported. There was partial support for hypothesis one. Results …

Positively Identifying Children As Citizens: A Call For Parallel Due Process Rights, Margot Elizabeth Rudy

UNLV Retrospective Theses & Dissertations

This work addresses the need for parallel due process rights for children by investigating the nature of juvenile welfare policies that affect abused and neglected children by focusing on the Adoption Safe Families Act. Upon the settlement of the U.S., common law from England, known as parens patriae, has governed the juvenile justice system. This common law has recognized children are indeed a State interest and that a child is a different type of citizen than an adult. Because children are dependant on their parents and not seen as full-fledged citizens, the State has assumed the responsibility of ensuring that …

The Relationship Between Time On The Job And Compassion/Satisfaction Fatigue In Firefighters, Juanita M Buck

UNLV Retrospective Theses & Dissertations

First Responders such as firefighters who experience disasters and observe traumatic events may be at risk for generalized stress resulting from the type of work they do. Studies suggest that the more a person is subjected to traumatic incidents, the more they are at risk. This study assessed the relationship between time on the job and the levels of compassion fatigue and job burnout in firefighters. Results of this study did not indicate that there was a significant relationship between time on the job and compassion fatigue and burnout in the studied population. However, results did indicate that participants were …

Survival Of Enterococcal And Streptococcal Species In Natural Waters, Kameron L Entrekin

UNLV Retrospective Theses & Dissertations

Survival capabilities of indicators of fecal pollution, such as enterococci, in the natural aquatic environment are of particular importance in proper management of a watershed. The Las Vegas Wash (LVW) is a naturally occurring and engineered tributary to Lake Mead; The ability of the Las Vegas Wash to sustain microbial viability over time was assessed utilizing ATCC cultures and environmentally isolated species. Wash water samples were autoclaved and seeded with known concentrations of enterococci. Microcosms were incubated at 25°C, and decline was measured by heterotrophic plate counts at specific time intervals. Results of survival studies using ATCC derived species showed …

Determination Of Reliability Indices For Congestion On Urban Arterial Streets, Venu Parimi

UNLV Retrospective Theses & Dissertations

Motorists tend to accept certain levels of delay during peak traffic conditions, but become increasingly agitated when the travel times increase unpredictably due to incidents on roadways. The objective of this thesis is to develop a reliability index quantifying the spatial and temporal distribution of traffic congestion on urban arterial streets. Delays caused due to recurrent and non-recurrent congestion need to be differentiated. Two approaches for estimating road network reliability are proposed to quantify delays due to recurrent and non-recurrent congestion. These indices are expressed as functions of operating speed and travel time respectively. A case study using urban arterial …

New Jersey's Assembly Bill 2566 Finally Attempted To Regulate Bounty Hunters, Lori J. Zeglarski

Seton Hall Journal of Legislation and Public Policy

No abstract provided.