Digital Commons Network^™

American Indians, Crime, And The Law, Kevin Washburn

Faculty Scholarship

This Article evaluates the federal Indian country criminal justice regime, not against norms of Indian law and policy, but against those of criminal law and policy. Specifically, this Article evaluates the federal constitutional norms that lie at the heart of American criminal justice and that are designed to ensure the legitimacy of federal criminal trials. Toward that end, Part I presents a critical description of key facets of the federal Indian country criminal justice system. Part II begins the critical evaluation by evaluating a key institutional player in the federal system, the federal prosecutor. It highlights the handicaps faced by …

The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus

Faculty Publications

No abstract provided.

Old Ground And New Directions At Sacred Sites On The Western Landscape, Kristen A. Carpenter

Publications

The federal public lands contain places with both religious and secular value for American people. American Indians, in particular, hold certain natural features to be sacred, and visit them for ceremonies and worship. Simultaneously, non-Indians use the same places for economic, recreation, and many other purposes - and conflicts arise between these groups. In the past twenty years, a body of constitutional jurisprudence has developed to address questions of religious freedoms and public access rights on these lands that are owned and managed by the federal government. This article outlines the relevant First Amendment framework as well as recent statutes …

Against "Academic Deference": How Recent Developments In Employment Discrimination Law Undercut An Already Dubious Doctrine, Scott A. Moss

Publications

When the defendant in an employment case is a college or other institution of higher education, the plaintiff usually will face an "academic deference" argument. Citing the importance of their "academic freedom," defendants and sympathetic courts have asserted that federal courts should decline to "invade" higher education with "federal court supervision." Whether or not courts cite the "academic deference" doctrine expressly, they certainly have proven hostile to professors' claims of discrimination, dismissing as a matter of law claims that seemed quite strong, or at least solid enough to allow a factfinder to rule either way. Indeed, empirical evidence shows that …

The Juridical Structure Of Habitual Offender Laws And The Jurisprudence Of Authoritarian Social Control, Ahmed A. White

Publications

No abstract provided.

The Crime Of Economic Radicalism: Criminal Syndicalism Laws And The Industrial Workers Of The World, 1917-1927, Ahmed A. White

Publications

No abstract provided.

Return To Sender: Reconsidering Prisoner Correspondence Under Article 8 In Dankevich V. Ukraine, Alexander Sario

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Incomplete Compensation And Migration Behavior: Has Anything Changed Between 1990 And 2000?, David E. Clark, William E. Herrin, Thomas A. Knapp, Nancy E. White

Economics Faculty Research and Publications

Spatial equilibrium models rely on migration to arbitrage away differences in utility across locations net of moving costs, where remaining differences in wages and rents reflect the compensating differentials related to site-specific amenities. Recent refinements to the spatial equilibrium model focus upon the prospect of disequilibrium in amenity markets. Amenity market disequilibrium implies over- or under-compensation (incomplete compensation) across some locations, which suggests a role for these factors in subsequent migration. This paper follows the theoretical and empirical approach of Clark, Herrin, Knapp, and White (2003). An intercity wage regression is estimated where fixed effects capture the impact of site …

2006-2007 Graduate Catalog, Morehead State University

Morehead State Catalog Archive

2006-2007 graduate catalog for Morehead State University.

The "Public Use" Of Private Sports Stadiums: Kelo Hits A Homerun For Private Developers, Cristin F. Hartzog

Vanderbilt Journal of Entertainment & Technology Law

Part I of this note briefly discusses the principle of eminent domain and the evolution of the Supreme Court's interpretation of the Takings Clause. Part II analyzes the application of the Court's interpretations of the "public use" requirement of the Takings Clause on the issue of whether it is proper for a state to exercise its power of eminent domain pursuant to a stadium development project. Finally, Part III offers a solution to the conflict between property owners' interests in keeping their land and cities' interests in creating economic growth.

From Cooperative To Inoperative Federalism: The Perverse Mutation Of Environmental Law And Policy, Robert L. Glicksman

GW Law Faculty Publications & Other Works

Beginning in 1970, Congress adopted a series of statutes to protect public health and the environment that represented an experiment in cooperative federalism. The operative principle of cooperative federalism is that the federal government establishes a policy - such as protection of public health and the environment and sustainable natural resource use - and then enlists the aid of the states, through a combination of carrots and sticks, in pursuing that policy. The result is a system in which both levels of government work together to achieve a common goal. If the process works well, the synergism of related federal …

Federalism And Faith, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

Should the U.S. constitution afford greater discretion to states than to the federal government in matters affecting religion? In recent years, a number of commentators have been asserting that the Establishment Clause should not apply to the states. Justice Thomas has embraced this view, while offering his own refinements to it. Moreover, the Supreme Court's decision in Locke v. Davey (2004) ruled that a state did not run afoul of the Free Exercise Clause when it refused to subsidize religious studies, in a context in which the Establishment Clause would have permitted the subsidy.

This paper offers a focused (re)consideration …

Overcoming The Fear Of Guns, The Fear Of Gun Control, And The Fear Of Cultural Politics: Constructing A Better Gun Debate, Donald Braman, Dan M. Kahan

GW Law Faculty Publications & Other Works

The question of how strictly to regulate firearms has convulsed the national polity for the better part of four decades, and in this article Donald Braman and Dan M. Kahan conclude that the best way to engender productive debate is to investigate deeper than the statistics and address the competing American social attitudes on guns themselves: guns symbolizing honor, human mastery over nature, and individual self-sufficiency on the one hand, and guns creating the perpetuation of illicit social hierarchies, the elevation of force over reason, and the expression of collective indifference to the well-being of strangers on the other. Braman …

General Damages Are Incoherent, Incalculable, Incommensurable, And Inegalitarian (But Otherwise A Great Idea), Richard Abel

DePaul Law Review

No abstract provided.

Chapter Four: A New Storm Gathers

Rosalie Rendu

No abstract provided.

Lisa Bybee V. Alan Abdulla And John Does 1 Through 5 : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal From A Decision Of The Second Judicial District Court, Davis County; The Honorable Pamela G. Hefferman, District Judge.

Westerner, 2006-2010, Western New England College

Student Newspapers

The official student newspaper of Western New England College

Research Into Integrated Crime Prevention Strategies For Rail Station Environs: Final Report, Trudi Cooper, Terence Love, Erin Donovan

Research outputs pre 2011

The initial impetus for this project arose from concerns about responses to ‘anti-social behaviour’, especially by young people, in and around rail stations. The primary goal of the research was to develop a collaborative approach that provided a more constructive and integrated response that would produce benefit for local communities, for the Public Transport Authority, and for the young people themselves. In practical terms, this involved:

• Development of interagency collaboration processes to support agencies with diverse goals to participate constructively without loss of autonomy;

• Identification at a local level of the common issues of concern, their causes, and …

Nineteenth-Century Free Exercise Jurisprudence And The Challenge Of Polygamy: The Relevance Of Nineteenth-Century Cases And Commentaries For Contemporary Debates About Free Exercise Exemptions, Clark B. Lombardi

Articles

Does the Free Exercise Clause of the U.S. Constitution require judges to exempt religious objectors from the application of nondiscriminatory and otherwise applicable laws? Over the last twenty years, judges and academics have debated fiercely whether the Clause should be interpreted to provide religiously observant citizens with a right to “free exercise exemptions.” The debate has led indirectly to a new interest in nineteenth-century views on free exercise jurisprudence. In this Article, I will examine the scholarship on nineteenth-century free exercise jurisprudence to date and ask what it adds to our understanding of the Clause and the question of exemptions.

State V. Cummings: Collision With Nevada V. Hicks, Laura A. Shattuck

South Dakota Law Review

No abstract provided.

Forest Products Road Manual: A Handbook For Municipal Officials And Forest Products Industry, Cooperative Extension

UNH Cooperative Extension

No abstract provided.

Beyond City And Suburb: Thinking Regionally, Richard Briffault

Faculty Scholarship

“City” and “suburb” as they were known and debated in the twentieth century are no more. Increasingly, the key urban unit in metropolitan America is the region. Robert Bruegmann’s Sprawl: A Compact History, a chronicle of the melding of city and suburban land use patterns, illustrates this development. Joel Kotkin’s The City: A Global History, which expresses concern about the loss of traditional urban distinctiveness, also reflects this. In her review of both books, Nicole Stelle Garnett appropriately raises issues of interlocal competition and equity, and the quality of urban life in metropolitan America, but she errs in framing them …

Assessing Human Trafficking In Canada: Flawed Strategies And The Rhetoric Of Human Rights, Constance Macintosh

Intercultural Human Rights Law Review

This paper will present the argument that Canada's rhetoric of protecting the human rights of trafficking victims is at odds with its practice. Trafficking victims are treated essentially the same as any other irregular migrant, and the specter of trafficking is invoked to justify acts which arguably violate Canada's international human rights obligations. This paper will offer an overview of what little information is available regarding the extent of trafficking in Canada, and then will conduct a close examination of the Canadian approach to trafficking and its victims. In addition to considering the logic and consequences of the Canadian strategy …

The Past, Present, And Future Of Violent Crime Federalism, Daniel C. Richman

Faculty Scholarship

The history of the federal involvement in violent crime frequently is told as one of entrepreneurial or opportunistic action by presidential administrations and Congress. The problem with this story, however, is that it treats state and local governments as objects of federal initiatives, not as independent agents. Appreciating that state and local governments courted and benefited from the federal interest is important for understanding the past two decades, but also for understanding the institutional strains created by the absolute priority the feds have given to counterterrorism since September 11, 2001. Intergovernmental relations are at a crossroads. For two decades, the …

The Rehnquist Court's Noninterference With The Guardians Of National Security, Gregory E. Maggs

GW Law Faculty Publications & Other Works

Based on an examination of the Rehnquist Court's national security cases decided between 1986 and 2005, this essay makes three claims. The first claim is that the Rehnquist Court generally did not interfere with the governmental units that serve as the guardians of national security. The Rehnquist Court almost always rejected challenges to governmental actions when the official responsible justified the actions based on the need to protect the United States from external threats. The second claim is that the Rehnquist Court's hands-off approach generally had favorable consequences. It promoted national security by leaving the subject to the governmental units …

Symposium On Sentencing Rhetoric: Competing Narratives In The Post-Booker Era, David M. Zlotnick

Roger Williams University Law Review

No abstract provided.

Symposium On Sentencing Rhetoric: Competing Narratives In The Post-Booker Era, David M. Zlotnick

Law Faculty Scholarship

No abstract provided.

Undergraduate Catalog 2006-2007, University Of North Florida

UNF Course Catalogs

No abstract provided.

Shoeprint Analysis: A Gis Application In Forensic Evidence, Michael Anthony Walnoha Jr.

Graduate Theses, Dissertations, and Problem Reports (ETD)

The overall intent of this study is to illustrate how GIS and crime mapping methods can be applied to forensic evidence to better understand and comprehend spatial patterns that exist in these data. This study bridges common crime mapping principles such as hot spot mapping, exploratory data analysis, and spatial statistics to spatial forensic evidence investigation. In particular, forensic shoeprint evidence is examined and spatial relationships are analyzed using both exploratory and confirmatory statistical analysis. It is found that crime mapping principles can be indirectly related to shoeprint evidence mapping. Exploratory spatial data analysis is extremely helpful in breaking up …