Digital Commons Network^™

Is The Wisconsin State Constitution Obsolete? Toward A Twenty-First Century, Functionalist Assessment, Robert F. Williams

Marquette Law Review

No abstract provided.

The New York Police Officer: Democratic And Moral Accountability In Conflict, Sarah Ryan, Dan Williams

Publications and Research

The following case draws upon two views of accountability. One is democratic accountability the other is accountability to one's own moral conscience. As the story unfolds, other facts may get in the way but these central views should not be forgotten. The focus of this case is on the individual. However, the material also covers institutional decisions and policies that deserve considering. The institutional story is the background, not the foreground, of this case. Yet, when the institutional features are considered, they may give new insight to the individuals' decisions.

Margaret Brent—Maryland’S First Female Lawyer, Pamela J. White

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Gang Member Perpetrated Domestic Violence: A New Conversation, Videtta A. Brown

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Calendar Year 2007 Report To The Rio Grande Compact Commission, Dick Wolfe, John R. D'Antonio, Patrick R. Gordon, Bill Ruth

Law of the Rio Chama

No abstract provided.

Higher Power: Strategic Capacity For State And National Organizing, Richard L. Wood

Sociology Faculty and Staff Publications

This chapter studies an organizing effort of the PICO National Network, which organizes in poor, working-class, and middle-class neighborhoods in the United States, mostly in urban areas. PICO engages in faith-based community organizing to generate democratic pressure to advance the interests of its nonelite, highly multiracial participants. The research reported here goes beyond other studies of grassroots organizing through its focus on efforts to influence policymaking on health care, public safety, education, immigrant rights, and housing at the state and national levels.'

International Non-Governmental Organizations, Karla W. Simon

The International Lawyer

No abstract provided.

Companies Positioned In The Middle:Municipal Wireless And Its Impact On Privacy And Free Speech, Nicole Alexandra Ozer

University of San Francisco Law Review

When a city institutes a municipal wireless system, it is building a new communications infrastructure on behalf of its residents. Like our rights to privacy in our public telephone communications, individuals have the right to a municipal wireless network that respects privacy and free speech, allowing users to explore all that the Internet offers without worrying where information about their online activities will end up or how it will be used or abused. Cities have a duty to protect the privacy and free speech rights of their residents, and safeguards for these rights must be priorities, not afterthoughts.

Valuation Of The Family Home: Why Feminist Theory Supports The Exclusive Use Of Appraisers As Experts When The Wife Wants To Keep The Home, Marisa San Filippo

University of San Francisco Law Review

This Comment explains the importance of valuing the family home in marital dissolution, introduces the feminist legal theory lens, and provides a statutory framework regarding the current use of experts in family home valuation. This Comment also discusses why the courts should limit expert testimony on the fair market value of the family home when the wife is trying to keep it to licensed California appraisers. A comparative analysis of the competency and conflicts of appraisers and real estate salespersons will support this conclusion. Lastly, this Comment identifies how potential overvaluation of the family home can negatively impact the wife's …

Insights- September 2007, University Relations Staff

Insights

No abstract provided.

Focus- Winter 2007, Newsletter Staff

Focus on Student Affairs

No abstract provided.

Due Process Rights And Terrorist Emergencies, James W. Nickel

Articles

This essay discusses the grounds for due process rights (DPRs) and the permissibility of suspending them during terrorist and other emergencies. The two topics are profitably treated together because DPRs - along with freedoms of movement, expression, and political participation - are often suspended or restricted when national emergencies occur. Although I present a strong case for DPRs as human rights, this justification does not settle their priority during emergency situations. That issue raises additional questions, and I discuss some of them. The overall thrust of the essay is to defend the importance of respecting DPRs during troubled times. The …

"Unchain The Children": Gault, Therapeutic Jurisprudence, And Shackling, Bernard P. Perlmutter

Articles

No abstract provided.

Underlying Principles, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In his forthcoming article, Original Meaning and Abortion, Jack Balkin makes the startling disclosure that he is now an originalist. "[C]onstitutional interpretation," he writes, "requires fidelity to the original meaning of the Constitution and to the principles that underlie the text. The task of interpretation is to look to original meaning and underlying principle and decide how best to apply them in current circumstances. I call this the method of text and principle."

In this brief reply, the author cautions that, to remain faithful to the Constitution when referring to underlying principles, we must never forget it is a text …

Institutional Review Boards, Regulatory Incentives, And Some Modest Proposals For Reform, Dale Carpenter

Faculty Journal Articles and Book Chapters

It is time to rethink the role of Institutional Review Boards (IRBs) in approving social science research. While most law professors conduct their research in an almost unregulated environment - pouring through cases, statutes, and each other's articles, all without the kind of human interaction subject to IRB regulation - their colleagues elsewhere in the university have been coping for decades with an increasingly intrusive bureaucracy that sometimes undermines basic academic values. Three things seem very clear. First, there are a lot of IRBs - at least 4,000 - and their numbers are growing. Second, they have recently "increased their …

Privacy, Crime And Terror: Legal Rights And Security In A Time Of Peril By Stanley A. Cohen (Markham: Lexisnexis Butterworths, 2005), Teresa Scassa

Canadian Journal of Law and Technology

It is now trite to say that the events of September 11, 2001 have had a profound impact on our national security, in terms of its institutional and normative dimensions, and also in terms of a more general public anxiety. The hastily enacted Anti-terrorism Act of 2001 brought about significant changes to a wide range of statutes including, among others, the Criminal Code, the Official Secrets Act, the Canada Evidence Act, and the Proceeds of Crime (Money Laundering) Act. An early conference and resultant book on the Anti-terrorism Act raised serious concerns about the potential impact of the changes on …

Militating Democracy: Comparative Constitutional Perspectives, Ruti Teitel

Articles & Chapters

Can constitutional review by judges save democracy? This Article identifies and discusses the rise of militant constitutional democracy by exploring diverse approaches to the role of constitutional and transnational judicial review in rights protection and the challenges that these approaches present to the workings of democracy, the possibilities of compromise, consensus, and conciliation in political life, and the challenge to other constitutional values as well. Militant constitutional democracy ought to be understood as belonging to transitional constitutionalism, associated with periods of political transformation that often demand closer judicial vigilance in the presence of fledgling and often fragile democratic institutions; it …

One Minute To Midnight-Grasp And The Kinshasa Declaration Implement Critical Measures To Save The Great Apes, Rachel L. Polikoff

Colorado Environmental Law Journal

No abstract provided.

Anti-Exclusionary Zoning In Pennsylvania: A Weapon For Developers, A Loss For Low-Income Pennsylvanians, Katrin Rowan

Journal Articles

No abstract provided.

A Textual And Historical Case Against A Global Constitution, Andrew Kent

Faculty Scholarship

he emerging conventional wisdom in the legal academy is that individual rights under the U.S. Constitution should be extended to noncitizens outside the United States. This claim - called globalism in my article - has been advanced with increasing vigor in recent years, most notably in response to legal positions taken by the Bush administration during the war on terror. Against a Global Constitution challenges the textual and historical grounds advanced to support the globalist conventional wisdom and demonstrates that they have remarkably little support. At the same time, the article adduces textual and historical evidence that noncitizens were among …

New Access Control Technologies: Biometric Identification, Purdue Ect Team

ECT Fact Sheets Archive

Biometrics are computerized methods of recognizing people based on physical or behavioral characteristics. The main biometric technologies include face recognition, fingerprint, hand geometry, iris, palm prints, signature and voice. Biometric technologies can work in two modes – authentication (one-to-one matching) and identification (one-to-many) matching. However, only three biometrics are capable of the latter – face, finger and iris.

Hipaa Hypocrisy And The Case For Enforcing Federal Privacy Standards Under State Law, Daniel J. Oates

Seattle University Law Review

Part II of this Comment summarizes the background of the HIPAA statute as an attempted solution to the privacy problem described above, including its legislative history and HHS promulgation of administrative rules. Next, Part III addresses the agency-imposed limitations on the scope of the statute. The Secretary's decision to rely solely on an administrative complaint process, combined with the government's narrow interpretation of the statute granting third parties immunity from penalties, has undermined enforcement of the privacy provision. Accordingly, Part IV discusses previous attempts to circumvent the administrative limitations by creating a private right of action and the reasons these …

Enrollment, Hiring Trends, And College Recruiting For Industrial Education Courses In Northeastern Wisconsin And Michigan's Upper Peninsula Secondary Schools, Kyle L. Bell

All NMU Master's Theses

No abstract provided.

Innocence, Race, And The Death Penalty, Barry Scheck

Articles

The article argues that the death penalty in the United States is deeply flawed due to systemic issues such as wrongful convictions, racial disparities, and procedural failures. It emphasizes the critical role of DNA exonerations in revealing these injustices and advocates for reforms to address the root causes of wrongful convictions, including inadequate legal representation and flawed forensic science. The article also highlights the moral and financial costs of capital punishment, urging its abolition.

Cooperative Localism: Federal-Local Collaboration In An Era Of State Sovereignty , Nestor M. Davidson

Faculty Scholarship

Contemporary debates about federalism and localism often proceed with, at best, a glancing reference to each other.' Commentators portray parallel, largely disconnected worlds in which the federal government relates only to the states, and the states, in turn, hermetically encompass local governments. In practice, however, numerous federal regulatory, spending, and enforcement policies actively rely on the participation of local governments independent from the states. Indeed, direct relations between the federal government and local governments-what this Article calls "cooperative localism"-play a significant role in areas of contemporary policy as disparate as homeland security, law enforcement, disaster response, economic development, social services, …

Are Public Facilities Different From Private Ones: Adopting A New Standard Of Review For The Dormant Commerce Clause, Bradford C. Mank

SMU Law Review

No abstract provided.

Efficient Routing Of Snow Removal Vehicles, Masoud Omer

Graduate Theses, Dissertations, and Problem Reports (ETD)

This research addresses the problem of finding a minimum cost set of routes for vehicles in a road network subject to some constraints. Extensions, such as multiple service requirements, and mixed networks have been considered. Variations of this problem exist in many practical applications such as snow removal, refuse collection, mail delivery, etc. An exact algorithm was developed using integer programming to solve small size problems. Since the problem is NP-hard, a heuristic algorithm needs to be developed. An algorithm was developed based on the Greedy Randomized Adaptive Search Procedure (GRASP) heuristic, in which each replication consists of applying a …

From “Just” To “Just Decent”? Constitutional Transformations And The Reordering Of The Twenty-First-Century Public Sphere, Cindy Skach

Maryland Law Review

No abstract provided.

Cleaning Up Disaster Or Making More - A Look At Avenues Of Relief For Those Devastated By The Clean-Up Efforts Of Hurricane Katrina, Samatha Turino

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Eagle Environmental Ii, L.P. V. Commonwealth: The Harms/Benefits Test And Appealing The Environmental Hearing Board - Who Decides The Standard Of Review, Meghan Flavin

Villanova Environmental Law Journal (1991 - )

No abstract provided.