Digital Commons Network^™

Rulemaking In The Ages Of Globalization And Information: What America Can Learn From Europe, And Vice Versa, Peter L. Strauss

Faculty Scholarship

This Article stems from a project on European Union Administrative Law undertaken by the American Bar Association's Section on Administrative Law and Regulatory Practice. It explores the generation of normative texts by the Commission of the European Union, its executive body, from the perspective of Americans familiar with notice and comment rulemaking. Legislative drafting (an exclusive responsibility of the Commission), subordinate measures corresponding to American rules and regulations, and soft law generated by the Commission are all considered In creating legislative proposals, the Commission uses techniques quite like American rulemaking, but with consultative practices (including electronic consultations) that seem more …

Nyar Savannah Program 2006, National Youth-At-Risk Conference, Savannah

National Youth Advocacy & Resilience Conference

N/A

Faculty Handbook, Georgia Southern University

Faculty Handbooks

Faculty Handbook for Georgia Southern University for the 2006-2007 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.

The Use Of The Tripartite Model Of Attitudes To Explain Ems Providers' Attitudes About The Ems Agenda For The Future, Carolyn Angela Rinaca

Health Services Research Dissertations

A dynamic and revolutionary health care system compels the Nation to develop a more cohesive, unified healthcare workforce. The Emergency Medical Services (EMS) profession has contributed to this development with the publication of the EMS Agenda for the Future. The EMS Agenda for the Future describes the future direction for emergency medical services agencies and organizations within the nation. It is a vision that integrates EMS systems with other health care professions. The EMS Agenda for the Future is designed to assist EMS professionals in realizing their full potential for proficiency and contributes to the development of the EMS profession. …

The Crimmigration Crisis: Immigrants, Crime, And Sovereign Power, Juliet Stumpf

American University Law Review

This article provides a fresh theoretical perspective on the most important development in immigration law today: the convergence of immigration and criminal law. It proposes a unifying theory - membership theory - for why these two areas of law recently have become so connected, and why that convergence is troubling. Membership theory restricts individual rights and privileges to those who are members of a social contract between the government and the people.

Membership theory provides decisionmakers with justification for excluding individuals from society, using immigration and criminal law as the means of exclusion. It operates in the intersection between criminal …

Education Law - Fundamentally Flawed: Wyoming's Failure To Protect A Student's Right To An Education, Rm V. Washakie County School District Number One, O'Kelley H. Pearson

Wyoming Law Review

No abstract provided.

Meth Epidemic Solutions, Rob Bovett

North Dakota Law Review

No abstract provided.

Exploring The Evolution Of Drug Endangered Children's Movement And Drug Courts, Holly Elizabeth Hopper

North Dakota Law Review

No abstract provided.

The Effect Of Transportation Subsidies On Urban Sprawl, Qing Su

USF Tampa Graduate Theses and Dissertations

This dissertation investigates transportation subsidies as sources of urban sprawl. Apart from tolls, motorists do not pay highway user-fees, but they do pay gasoline taxes. Gasoline tax revenues are insufficient to cover the U.S. highway costs. Government, therefore, uses general tax revenues to cover highway expenditures. Since users do not pay the full cost of their travel, they have an incentive to travel longer commuting distances. Highway subsidies are, therefore, a potential contributor to urban sprawl. A similar argument applies to public transit. To capture the effects of subsidized automobile and public transit travel, we ex-tend the standard urban spatial …

Indecent Standards: The Case Of U.S. Versus Weldon Angelos, Eva Nilsen

Faculty Scholarship

In today's highly punitive culture, perhaps Weldon Angelos' fifty-five-year sentence does not seem unusual. He's a 25-year-old man who was convicted in December 2003 of selling marijuana, possessing firearms while drug dealing, and money laundering. ³ The facts proven at trial are that on three occasions in June and July, 2002, Angelos sold eight one-ounce bags of marijuana for $350 each to a government informant. ⁴ The purchaser testified that a firearm was visible during two of these drug sales.⁵ Police seized another gun from Angelos' home five months later pursuant to a warrant.⁶ At no time was …

Foreword: Globe-Hopping Pharmaceuticals, Frances H. Miller

Faculty Scholarship

No abstract provided.

Consolidating Pharmaceutical Regulation Down Under: Policy Options And Practical Realities, Frances H. Miller

Faculty Scholarship

Pharmaceutical regulatory agencies struggle worldwide to maintain public trust these days. Drug safety issues proliferate,' the costs of lharmaceuticals take increasingly larger shares of most countries' health service spending, and conflicts of interest afflicting the drug approval and marketing processes capture more and more public attention. The Australian and New Zealand governments are keenly aware of these problems, and have been attempting to forge a regulatory alliance to combine their respective pharmaceutical regulatory agencies, Australia's Therapeutic Goods Administration (TGA) and New Zealand's Medicines and Medical Devices Safety Authority (Medsafe), into the pending Trans Tasman Therapeutic Products Authority (ANZTPA, or TPA). …

Eminent Domain Legislation Post-Kelo: A State Of The States, Patricia E. Salkin

Scholarly Works

In Kelo v. City of New London, the U.S. Supreme Court ruled that the use of eminent domain for economic development is a permissible“public use” under the Takings Clause of the Fifth Amendment. The decision proved controversial, as many feared that it would benefit large corporations at the expense of individual homeowners and local communities. Shortly thereafter, numerous states introduced legislation limiting the use of eminent domain.This article surveys those state initiatives that have been signed into law following the Court’s decision in Kelo.

Super Precedent, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Instituting Innocence Reform: Wisconsin's New Governance Experiment, Katherine R. Kruse

Scholarly Works

The DNA exoneration cases of the past two decades have provided a window into what hasn't been working in the criminal justice system and an agenda for criminal justice reform. The challenge currently facing the innocence reform community is to translate this agenda into concrete reforms that institute and sustain best practices for the investigation and prosecution of crimes, while allowing flexibility for the understanding of best practices to continue to evolve. In 2005, Wisconsin underwent a breathtaking course of legal reform in two of the problem areas that have plagued wrongful convictions: mistaken eyewitness identification and false confession. The …

Theoretical And Experimental Study On Cable Vibration Reduction With A Tmd-Mr Damper, Wenjie Wu

LSU Doctoral Dissertations

Stay cables are vulnerable to dynamic excitations because of their low intrinsic damping. Excessive cable vibrations cause frequent maintenance and are detrimental to the safety of the entire bridge. Targeting the severe cable vibration problem, in addition to using the existing Magnetorheological (MR) damper, the current study proposes a new type of damper, called the Tuned Mass Damper-Magnetorheological (TMD-MR) damper. Theoretical and experimental investigations for the damper performance on the cable vibration reduction are conducted, which provides the necessary research support for practical implementation. Experiments on the individual MR damper are carried out first to gain some experience on the …

Reconceptualizing Due Process In Juvenile Justice: Contributions From Law And Social Science, Mark R. Fondacaro, Christopher Slobogin, Tricia Cross

UC Law Journal

This Article challenges the accepted wisdom, at least since the Supreme Court's decision in Gault, that procedures in juvenile delinquency court should mimic the adult criminal process. The legal basis for this challenge is Gault itself, as well as the other Supreme Court cases that triggered the juvenile justice revolution of the past decades, for all of these cases relied on the due process clause, not the provisions of the Constitution that form the foundation for adult criminal procedure. The Court's reliance on due process means that the central goal in juvenile justice is fundamental fairness, which does not have …

Delinquent Or Disabled? Harmonizing The Idea Definition Of "Emotional Disturbance" With The Educational Needs Of Incarcerated Youth, Moira O'Neill

UC Law Journal

Congress enacted the Individuals with Disabilities Education Act (IDEA) to meet the special education needs of disabled youth. Yet the Department of Education regulations defining "emotional disturbance," one of the qualifying disabilities under the IDEA, have consistently defined the term to exclude youth diagnosed as "socially maladjusted." Special education scholars and professionals have long criticized this definition of emotional disturbance as imprecise and inconsistent with mental health constructs of emotional and behavioral disorders. Incarcerated youth are particularly affected by this definition of "emotional disturbance," as they demonstrate a higher prevalence of special educational needs than does the public school population. …

Companion Animals As Being-Objects: The Role Of The Self/Other Binary In The Human-Animal Bond, Amanda Kelly Reed

LSU Master's Theses

This research project is an investigation into the human-dog bond and the practice of pet adoption and pet surrender at the East Baton Rouge Parish Animal Control Center. The human-dog bond is an excellent vehicle for an investigation into how we create categories of other because it is a highly complex and intersubjective relationship with deep evolutionary roots that is often reduced to a relationship between possessor and possessed in which cultural, historical, and biological contexts are not considered. It is a relationship in which constructed meaning is taken for fact. This thesis explores how animal control centers both resist …

Ignoring The Supreme Court: State V. White, The Civil Commitment Of Sexually Violent Predators, And Majoritarian Judicial Pressures, Eric W. Buetzow

UC Law Journal

In Kansas v. Hendricks, the Supreme Court upheld the constitutionality of state statutes that allow for the civil commitment of "sexually violent predators" after completion of their criminal sentences. But the Court in Hendricks left uncertain the precise requirements demanded by substantive due process in this context. Specifically, questions remained regarding whether, and to what degree, a defendant must suffer from volitional inability for the commitment to pass constitutional muster. The Supreme Court responded five years later in Kansas v. Crane, where it held that "there must be proof of serious difficulty in controlling behavior." This could have been considered …

Comparison Of Data Mining And Statistical Techniques For Classification Model, Rochana Lahiri

LSU Master's Theses

The purpose of this study is to observe the performance of three statistical and data mining classification models viz., logistic regression, decision tree and neural network models for different sample sizes and sampling methods on three sets of data. It is a 3 by 2 by 3 by 8 study where each statistical or data mining method has been employed to build a model for each of 8 different sample sizes and two different sampling methods. The effect of sample size on the overall performance of each model against two sets of test data are observed and compared. It is …

Documenting The Impact Of Measure 37: Selected Case Studies, Sheila A. Martin, Katie Shriver

Institute of Metropolitan Studies Publications

Oregon has long been known for progressive planning policies and visionary government. The passage of Senate Bill 100 in 1973 ushered in Oregon’s modern era of land use planning and reflected a commitment by Oregonians to the protection of farm land and other natural resources while planning for substantial urban growth. Many other states have envied Oregon’s framework as they struggle with the pressures of urban sprawl. While other states were quickly converting farmland to residential uses, Oregon converted just over one percent of its farmland to other uses between 1982 and 1997.

On November 2, voters in Oregon chose …

War Of A Much Different Kind: Poverty And The Possessive Investment In Color In The Multiracial 1960s United States, Tom I. Romero Ii

Scholarly Works

No abstract provided.

Traumatic Loss And Transformative Life Experiences: The Lived Experience Of Green Cross Traumatologists Deployed To The New York City World Trade Center Disaster, Carron C. Cherrie

USF Tampa Graduate Theses and Dissertations

This exploratory study examines the lived experience of Green Cross traumatologists deployed to the New York City World Trade Center disaster. The deployment took place five days after the terrorist attacks on September 11, 2001. The author was a member of a ten member advance team that provided crisis stabilization services to an international union in Lower Manhattan. Disaster Mental Health Services and community outreach were provided for a month. The purpose of the study was to describe in an anthropologically holistic perspective the lived experience of traumatologists, who as Americans were also affected by the terrorist disaster. Thirty-one traumatologists …

Milwaukie Ave Main Street Plan, Sine Adams, Matt Johnson, Lance Lindahl, Kate Marcello, Erin Wilson

Master of Urban and Regional Planning Workshop Projects

This plan provides an analysis of Milwaukie Avenue as a neighborhood Main Street and provides recommendations for its growth and improvement. Methods of analysis included a comprehensive land use and transportation safety inventory, data collection from neighborhood residents and master of urban and regional planning students, comparison to other Main Streets, and feedback from a technical advisory committee. The analysis shows that Milwaukie Avenue has great potential as a Main Street, although improvements in the existing zoning code and transportation infrastructure will greatly benefit its condition. Other features, including Green Streets and elements that provide neighborhood identity, will also improve …

Going Public! Strategies For Meeting Public Restroom Need In Portland's Central City, Josh Ahmann, Kevin Bond, Warren Greaser, Sarah Selden, Amber Springberg, Kartik Srinivas, Jon Swae

Master of Urban and Regional Planning Workshop Projects

PSU Urban & Regional Planning graduate students contacted the Office of Mayor Tom Potter with a proposal to conduct an in-depth analysis of Portland's public restrooms. The PSU team, Relief Works, and the Mayor's Office agreed to explore the issues and potential solutions surrounding demand and supply of public restrooms within Portland's Central City. This report is Relief Works' final product for the Office of the Mayor. This project was conducted under the supervision of Sy Adler, Deborah Howe, Connie Ozawa, and Sumner Sharpe.

Horizontal Political Externalities The Supply And Demand Of Disaster Management, Ben Depoorter

Faculty Scholarship

No abstract provided.