Digital Commons Network^™

Parks As Gyms? Recreational Paradigms And Public Health In The National Parks, Jay D. Wexler

Faculty Scholarship

When scholars and policymakers think about the relationship between public health and environmental law and policy, they likely think first about controlling pollution and other toxic substances. As other articles have amply demonstrated, water pollution, air pollution, and other environmental toxins can have significant deleterious effects on the public's health. Scholars rightly pay serious attention to these relationships, and policymakers wisely devise methods and strategies to ameliorate the public health risks posed by these polluting substances.

Although pollution control might be the most obvious and important intersection between environmental policy and public health, legal and policy decisions regarding the management …

Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton

Articles

No abstract provided.

Agency Costs In International Human Rights, David H. Moore

Faculty Scholarship

No abstract provided.

Constitutional Law - The Supreme Court Still Hasn't Found What It Should Be Looking For: A Test That Effectively And Consistently Defines Punishment For Constitutional Protection Analysis, William F. Shimko

Wyoming Law Review

No abstract provided.

Women's Perceptions Of Safety : Cctv In An Inner City Setting, Kate Hancock

Theses: Doctorates and Masters

To date, most research on closed circuit television (CCTV) has come out of the United Kingdom (UK) where the growth of CCTV has reached immense proportions with wide support and funding from the Home Office. There are 33 systems operating in Australia, with the focus of this research on the first system installed in Perth, Western Australia in 1991. There is a dearth of information on CCTV in Australia, and little research looking at the link between CCTV, women’s safety and fear of crime. The literature on fear of crime shows that women are more fearful than men even though …

Aedpa's "Adjudication On The Merits" Requirement: Collateral Review, Federalism, And Comity, Robert D. Sloane

Faculty Scholarship

The modern law of federal habeas corpus is a labyrinth of counterfactuals and arcane procedural hurdles that few state petitioners manage to navigate-as Justice Blackmun once wrote less charitably in dissent, "a Byzantine morass of arbitrary, unnecessary, and unjustifiable impediments to the vindication of federal rights." The convoluted inquiries required arise from the need to reconcile three developments of the past four decades that remain in tension with one another: first, the Warren Court's expansion of federal habeas relief, identified with Fay v. Noia and its progeny; second, the Burger and Rehnquist Courts' curtailment of that expansion, identified with Wainwright …

Public Confidence Laws Gone Awry: A Modern Circuit Split Reveals That Some Federal Courts Manipulate Standing Rules To Promulgate Severe First Amendment Restrictions On The Spouses And Children Of Public Employees, Nicholas R. Farrell

Vanderbilt Law Review

Federal courts in the United States have consistently upheld the constitutional doctrine that "[t]he essential rights of the First Amendment in some instances are subject to the elemental need for order without which the guarantees of civil rights to others would be a mockery." Given the central role of government workers in maintaining that order, the First Amendment rights of public employees have been particularly susceptible to restriction. For example, in 1940, Congress enacted the Hatch Act, which declared unlawful certain political activities of federal employees. Specifically, section nine of the Act prohibited officers and employees in the executive branch …

Forcible Medication For Courtroom Competence: The Case Of Charles Sell, George J. Annas

Faculty Scholarship

The right to refuse treatment is firmly recognized in U.S. law. Competent persons have the legal right to refuse treatment, even life-sustaining treatment, and incompetent patients can also refuse treatment through an advance directive, by naming a health care agent to make decisions for them or by having a person who knows their wishes express them.

Nature Is To Nurture: A Post Occupancy Evaluation Of The St. Michael Health Care Center, Texarkana, Tx, Leigh Lafargue

LSU Master's Theses

This thesis explores therapeutic garden design and its role in landscape architecture. It also conducts a post occupancy evaluation (POE) for an existing therapeutic landscape. The St. Michael Health Care Center campus, Texarkana, Texas, is a Sisters of Charity institution and was designed and built in 1994 as a healing environment for patients, staff, and visitors. In this thesis, A POE was conducted to determine (1) user-perceptions and utilization of the campus, (2) whether the campus reduces stress and fosters restoration, and (3) any barriers or constraints to use of the campus. Results from visual analysis, behavioral observations, and survey …

O Say, Can You See: Free Expression By The Light Of Fiery Crosses, Jeannine Bell

Articles by Maurer Faculty

This Article presents a comprehensive, context-based theory which both places cross burning in its proper doctrinal framework and recognizes the history of cross burning as one of Ku Klux Klan-inspired terrorism directed at African Americans. The author prefaces critical commentary on the Supreme Court's decision in Virginia v. Black with analysis of the full landscape of cross burning cases including another issue to which others have paid little attention - the ways in which state courts have negotiated First Amendment challenges to cross burning statutes. Thoroughly examining cross burning from each of these perspectives, the Article argues that cross burning …

"Bread For The Poor": Access To Justice And The Rights Of The Needy In India, Marc Galanter, Jayanth K. Krishnan

UC Law Journal

India's courts suffer from enormous backlogs. To remedy this, Indian politicians and judges have been promoting various reforms, including alternative forms that would dispose of cases more quickly. One forum in particular, the Lok Adalat or people's court, has been promoted with special fervor for nearly two decades. The Lok Adalat has been widely trumpeted as a success by its proponents, but very little information is available on the workings of this institution. This study is a preliminary empirical assessment of several sorts of Lok Adalats. These Lok Adalats exhibit great variation in how they function. We find that their …

Juvenile Recidivism: An Analysis Of Race And Other Socio-Demographic Predictors Within Three Intervention Modalities In The State Of Louisiana, Jospeter M. Mbuba

LSU Doctoral Dissertations

Owing to the increasingly growing problem of juvenile crime and the recognition that adult criminals begin their criminal careers in their juvenile years, the need to contain juvenile offending has never before been so glaring. Delinquency of young offenders can be predicted and prevented. But the methods most often used to predict juvenile recidivism typically derive from stereotypical conceptions, which often yield very low accuracy levels. This study is an attempt to make up for this shortfall. It tracks one year recidivism of 2,810 juvenile offenders released from state custody of Louisiana between July 1999 and June 2000. Of these …

Constraining Modern Mercenarism, James R. Coleman

UC Law Journal

Mercenarism's metamorphosis during the final decades of the twentieth century from the profession of soldiers of fortune into the work of publicly traded private military assistance corporations has enabled modern mercenaries to evade a burgeoning international legal movement toward their eradication. Despite persistent efforts to recognize private military corporations as mercenary companies, the evolution of legal definitions of mercenarism has failed to keep pace with the strong international consensus against mercenaries, thereby causing the letter of international law to diverge from its spirit. Hiding mercenarism behind a corporate veil flouts the spirit of international law and serves to eviscerate the …

Assessment Of Instructional Methodologies And Student Information Processing Styles In A Terrorism Preparedness Course, William James Mccarthy

LSU Doctoral Dissertations

The focus of the research was the evaluation of two instructional methodologies for teaching terrorism preparedness at several universities in Louisiana. Participants were taught a curriculum for an audience who may work at a potential terrorist target. The purpose of the research was to determine if processing styles based instruction improved learning. The objectives of the study were to: 1) Describe participant demographics: a) age, b) gender, c) credit hours, d) field of study; and e) preferred Strategic Information Processing Style (SIPS); 2) Determine if changes occur in knowledge of terrorism preparedness as measured by the Terrorism Awareness test; 3) …

Special Needs And Special Deference: Suspicionless Civil Searches In The Modern Regulatory State, Fabio Arcila

Scholarly Works

This Article examines the Supreme Court’s application of the "special needs" principle, which is part of its Fourth Amendment search and seizure jurisprudence, with an emphasis on suspicionless searches. It argues that both courts and commentators have insufficiently acknowledged the tension between the modern regulatory state, which is significantly dependent upon such searches, and adequately protecting liberty interests. The commentators who criticize the Court’s deference ignore that a deferential approach can be justified. Suspicionless civil searches, for example, are not necessarily incompatible with original intent. Moreover, the many proposals for reforming suspicionless civil search jurisprudence, such as reinvigorating the individualized …

The New Formalism: Requiem For Tiered Scrutiny?, Calvin R. Massey

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Claims For Protection Based On Religion Or Belief: Analysis And Proposed Conclusions, Karen Musalo

Faculty Scholarship

No abstract provided.

The Laudable South Carolina Court Rules Must Be Broadened, Richard Zitrin

Faculty Scholarship

No abstract provided.

The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin

Faculty Scholarship

No abstract provided.

Two Wrongs Make A Right: Hybrid Claims Of Discrimination, Ming Hsu Chen

Faculty Scholarship

This Note reinterprets and recontextualizes the pronouncement in Employment Division v. Smith (Smith II) that exemptions from generally applicable laws will not be granted unless claims of free exercise are accompanied by the assertion of another constitutional right. It argues that when Arab American Muslims, and others who are of minority race and religion, bring claims for exemption from gen­ erally applicable laws on the basis of free exercise and equal protection principles, they ought to be able to invoke Smith Il's hybridity exception, thus meriting height­ ened judicial scrutiny and increased solicitude from courts.