Digital Commons Network^™

The Dangers Of Fighting Terrorism With Technocommunitarianism: Constitutional Protections Of Free Expression, Exploration, And Unmonitored Activity In Urban Spaces, Marc Jonathan Blitz

Fordham Urban Law Journal

Part I of this article examines how some commentators can plausibly argue that constitutional liberty and privacy protections do not protect the individual liberty and privacy that modern individuals have come to expect in many public spaces, particularly in urban environments. Constitutional liberalism, this section points out, makes this question a difficult one, because it is marked by scrupulous neutrality towards different visions of “the good life.” In other words, the constitutional order does not condemn those who choose a communitarian way of life and favor those who prefer individualism. Rather, it tolerates both of these (and other) preferences about …

Will 9/11 Continue To Take A Toll On America’S Cities?, David Dixon

Fordham Urban Law Journal

Terrorism and enhanced security concerns are firmly planted in the American psyche. It is hard for most Americans to accept the need to balance the risks of terrorism against the costs and benefits of responding to these risks. In the absence of quantitative measures for most risk assessments, Americans will need to establish qualitative measures for deciding where and how to respond to terrorism. Architects, planners, and others who deal daily with the qualitative issues of city building can play an important leadership role in this effort, in part because the people who traditionally make risk assessments cannot. This qualitative …

Automobile Accidents Associated With Cell Phone Use: Can Cell Phone Service Providers And Manufacturers Be Held Liable Under A Theory Of Negligence?, Jordan B. Michael

Richmond Journal of Law & Technology

Cell phone related car accidents have received a lot of attention in the press and academic journals over the past few years.1 Articles have discussed the impact of driving while using a hand-held or hands-free cell phone, and in some instances have identified liability on the part of employers. A number of cases have gone to the jury on employer liability based on respondeat superior, where the employer is held responsible for the actions of an employee acting within the scope of employment.

Community Benchmarks: An Analysis Of Performance Measurements In Urban Planning Management, Susan Joan Daluddung

Dissertations and Theses

New public management practices in the U.S. call for governmental accountability, performance measures and benchmarks. Community benchmarks research provides a basis for current information and further research for planners and educators in the urban planning profession. A benchmark is simply a standard for performance or targeted level of service delivery aspired to by the city. Community benchmarks, as defined by the researcher, are tied to an adopted community plan. Community plans take many shapes including the General or Comprehensive Plan, the city's budget document, or a variety of strategic planning documents.

The intent of the study was to complete research …

Home: A Concept Analysis With Application Of The Concept To Experiences Of Individuals With Serious And Persistent Mental Illness, Corinne A. Overmyer

Masters Theses

The purpose of this paper was to explore and define the concept of home through an extensive review of the literature. The concept analysis framework of Walker and Avant (1995) was used to structure the paper and the theories of Johnson (1980) and Maslow (1954) were used for operationalization. The literature search examined characteristics of home applicable to all individuals. The concept’s defining attributes were discovered and applied to the home experiences of those living with serious and persistent mental illness. Homes were evaluated to assess for attribute presence and to determine if the homes were model, borderline, or contrary. …

Measuring The Effect Of Subprime Lending On Neighborhood Foreclosures: Evidence From Chicago, Dan Immergluck, Geoff Smith

Peer Reviewed Articles - Public, Nonprofit, and Health Administration

Since the early 1990s, there has been a very large growth in mortgages made by so-called subprime lenders, which specialize in lending to borrowers with credit history problems. One reason for concern about this trend is that it has been associated with a large and simultaneous rise in foreclosures, which can entail significant costs not just for those directly affected but also for surrounding neighborhoodsand larger communities. This study usesmultivariate estimations to quantify the impact of subprime lending on neighborhood foreclosure levels. After controlling for neighborhood demographics and economic conditions, the authors find that subprime loans lead to foreclosures at …

A Prescription For Perilous Times (Reviewing Geoffrey R. Stone, Perilous Times: Free Speech In War Time From The Sedition Act Of 1798 To The War On Terrorism (2004)), Neil S. Siegel

Faculty Scholarship

In this Essay, I argue that Professor Stone has written an important work of constitutional history, not only because of what he has to say, but also because of the time in which he says it. The tragedy of September 11, 2001 generated reactions by every branch of the federal government, as well as by the general public and a host of public-regarding institutions in American society. Each of those reactions has implicated the balance between liberty and security that historically has been tested in this country during times of crisis. 'Perilous Times' lucidly conveys the nation's accumulated lessons of …

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.

Special Defenses In Modern Products Liability Law, David G. Owen

Missouri Law Review

This article examines special defenses in products liablitly. Specifically, the government contractor defense, the regulatory compliance defense, and statutes of limitations and repose. These defenses are less common than those based on plantiff conduct, but when they do apply they can control the outcome of a case.

Applying Restraints To Private Police, Heidi Boghosian

Missouri Law Review

Private security needs better public oversight. This Article argues that equitable remedies in the form of improved training and oversight should be requested as part of relief in all Section 1983 claims involving private police. Improved training would greatly benefit society by reducing the number of violent encounters between private security officers and the public.

Fourth Amendment Codification And Professor Kerr's Misguided Call For Judicial Deference, Daniel J. Solove

GW Law Faculty Publications & Other Works

This essay critiques Professor Orin Kerr's provocative article, The Fourth Amendment and New Technologies: Constitutional Myths and the Case for Caution, 102 Mich. L. Rev. 801 (2004). Increasingly, Fourth Amendment protection is receding from a litany of law enforcement activities, and it is being replaced by federal statutes. Kerr notes these developments and argues that courts should place a thumb on the scale in favor of judicial caution when technology is in flux, and should consider allowing legislatures to provide the primary rules governing law enforcement investigations involving new technologies. Kerr's key contentions are that (1) legislatures create rules …

Touchard V. La-Z-Boy Inc : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Allen R. Ervin V. Lowe\'S Companies Inc. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH, HONORABLE SANDRA N. PEULER

Uintah Mountain Rtc, Llc, D. Brad Hancock; John D. Hancock; Tyson B. Hancock; Beau D. Hancock V. Duchesne County : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appellants' Opening Brief

Utah State Tax Commission V. Eric Stevenson : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEE

Undergraduate Catalog, 2005-2006, University Of South Florida St. Petersburg.

Undergraduate Catalogs

No abstract provided.

State Of Utah V. Graham Austin : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM CONVICTIONS FOR MURDER, A FIRST DEGREE FELONY; THEFT OF AN OPERABLE MOTOR VEHICLE, A SECOND DEGREE FELONY; AND INTERFERENCE WITH ARRESTING OFFICER, A CLASS B MISDEMEANOR, IN THE SEVENTH JUDICIAL DISTRICT COURT,GRAND COUNTY, UTAH, THE HONORABLE LYLE R. ANDERSON PRESIDING.

State Of Utah V. Jeffery Don Ireland : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Brief of Petitioner

Utah V. Jeffrey Don Ireland : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF RESPONDENT ON CERTIORARI REVIEW This writ of certiorari arises from the court of appeals' decision reversing the conviction of Unlawful Possession of a Controlled Substance, a third degree felony, in violation of Utah Code Ann. § 58-37-8 (2)(a) (1998), in the Third Judicial District Court, in and for Salt Lake County, State of Utah, the Honorable Sheila K. McCleve, Judge, presiding.

State Of Utah V. Toni Lynn Biggs : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEE APPEAL FROM A CONVICTION FOR ATTEMPTED POSSESSION OF A CONTROLLED SUBSTANCE (METHAMPHETAMINE), A CLASS A MISDEMEANOR, UNDER UTAH CODE ANN. § 58-37-8(2)(a)(i) (WEST 2004), IN THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, THE HONORABLE TERRY L. CHRISTIANSEN PRESIDING

Quinn Millet V. Logan City : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

Utah Public Employees Association And Roes 1-5 V. State Of Utah : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from Order Granting Motion for Judgment on the Pleadings and Denying Motion for Preliminary Injunction of the Third District Court for the State of Utah, Salt Lake County, Honorable William W. Barrett

Utah V. Millsap : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

STATE OF UTAH Plaintiff/Appellee vs. JOHNNIE B. MILLSAP, Defendant/Appellant Case No. 20050765-CA BRIEF OF APPELLANT THIS IS AN APPEAL APPEALING FROM A JUDGMENT, SENTENCE AND COMMITMENT, DATED FEBRUARY 4,2005. THE DEFENDANT PLED GUILTY TO DRIVING UNDER THE INFLUENCE OF ALCOHOL, A CLASS A MISDEMEANOR, IN VIOLATION OF U.C.A. § 41-6-44(2004). THE PLEA WAS ENTERED PURSUANT TO STATE V. SERY, 758 P.2D 935 (UTAH CT. APP. 1988) IN THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, THE HONORABLE W. BRENT WEST PRESIDING. MARK SHURTLEFF Attorney General 160 East 300 South, 6th Floor Salt Lake City, Utah …

Cameron Smith V. Phounsavath Phitsnoukanh And Bank Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a Summary Judgment Order Of the Second Judicial District Court Weber County, State of Utah The Honorable Judge Parley Baldwin, Presiding

Hamdi V. Rumsfeld: Judicious Balancing At The Intersection Of The Executive's Power To Detain And The Citizen-Detainee's Right To Due Process, James B. Anderson

Journal of Criminal Law and Criminology

No abstract provided.

Everything Old Is New Again: Justice Scalia's Activist Originalism In Schriro V. Summerlin, Marc E. Johnson

Journal of Criminal Law and Criminology

No abstract provided.

Dretke V. Haley And The Still Unknown Limits Of The Actual Innocence Exception, Eric Seinsheimer

Journal of Criminal Law and Criminology

No abstract provided.

Missouri V. Seibert: Two-Stepping Towards The Apocalypse, Stewart J. Weiss

Journal of Criminal Law and Criminology

No abstract provided.

Prisons Of The Mind: Social Value And Economic Inefficiency In The Criminal Justice Response To Mental Illness, Amanda C. Pustlinik

Journal of Criminal Law and Criminology

No abstract provided.

When Punishing Innocent Conduct Violated The Eighth Amendment: Applying The Robinson Doctrine To Homelessness And Other Contextual Crimes, Benno Weisberg

Journal of Criminal Law and Criminology

No abstract provided.