Digital Commons Network^™

The Usa Patriot Act: A Constitutional Analysis, Dean Sterling Kidd

Honors Theses

This thesis is an examination of various arguments for and against the constitutionality of the USA Patriot Act in regard to the First and Fourth Amendments. The arguments are generally in a framework of competing interests: national security and civil liberties. Specifically, Sections 203, 206, 213, 215, 216, 218, and 505 of the Act are discussed. The analysis of these sections includes their actual language, and commentary from law journal articles. Relevant Supreme Court and lower court cases that relate to national security are also incorporated. The thesis also has a general commentary about the teiTor attacks which led to …

The Effect Of Gm Label Variation On Perceptions Of Genetically Modified Foods, Alexandra Jane Costello

School of Psychology Theses

This thesis investigates the factors which are suggested to affect perceptions of genetically modified (GM) foods. It first tests the extent to which the components of the Theory of Planned Behaviour and perceived `outrage' are able to predict intentions towards buying GM foods using linear regression. It then focuses on how GM label design characteristics and linguistic variations influence perceptions of GM foods including measures of hazard perception and purchase intention using ANOVA repeated measures. Modelling is then used to identify whether label variations affect the components of the Theory of Planned Behaviour, namely attitudes, subjective norms and perceived behavioural …

The Difference A Day Makes: How Courts Circumvent Federal Immigration Law At Sentencing, David S. Keenan

Seattle University Law Review

Efforts in criminal courts to avoid deportation as a result of convictions are prevalent throughout the United States. Although defendants in Washington have a statutory right to be advised of the potential immigration consequences of a guilty plea, there is no statutory or constitutional requirement that a judge take immigration consequences into consideration in imposing sentence. Nonetheless, as was the case in the assault on Micah Painter, judges can and do make what are effectively policy judgments when sentencing defendants, with an eye toward helping them avoid deportation.

Chinks In The Armor: Municipal Authority To Enact Shoreline Permit Moratoria After Biggers V. City Of Bainbridge Island, Ryan M. Carson

Seattle University Law Review

Why would a relatively mundane dispute over what amounts to a few cubic yards of concrete warrant the extensive discussion encom passed in this Note? This dispute gives rise to a fundamental question about power: What is the scope of municipal power under one of Washington's most important environmental protection laws? Additionally, questions arise about competing normative values within environmental protection, property rights, and responsible land use and development. Placed against a backdrop of growing contentiousness surrounding these issues in Washington politics, the relevance and timeliness of these questions cannot be doubted.

Breaching The Great Firewall Of China: Congress Overreaches In Attacking Chinese Internet Censorship, Miriam D. D'Jaen

Seattle University Law Review

The Global Online Freedom Act of 2007 promotes freedom of expression on the Internet by prohibiting U.S. businesses from cooperating with officials in Internet-restricting countries. While the Act should be commended for imposing a higher standard of ethical business practices on U.S.corporations, there are significant problems with curing China's censorship policies by imposing liability on U.S. Internet companies. The standards and recommendations proposed by Congress within the Act correspond with an inherently American conception of freedom of expression. Thus, the Act imposes our domestic standards, rooted in the First Amendment, on states with very different political ideologies. A better alternative …

Lemanda Lillian Mecham V. David L. Johnson And Sean D. Frazier : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Order Accepting Certified Questions of Utah Law from the United States Court of Appeals for the Tenth Circuit

From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Who Knew - The Admissibility Of Subsequent Remedial Measures When Defendants Are Without Knowledge Of The Injuries, Ryan Vacca, Mark G. Boyko

Faculty Publications

Federal Rule of Evidence 407 and equivalent state court rules prohibit the introduction of subsequent remedial measures for the purpose of demonstrating negligence, culpable conduct, or product defect. The rule breaks down, however, in application and purpose, when a defendant undertakes a new safety measure after the plaintiff's injury but before the defendant had knowledge of the loss. Such a situation is not uncommon. Would-be defendants frequently improve their products and product safety, whether in response to injuries incurred by other users, business pressures, or simply advances in the state of the art and scientific knowledge. Toxic exposure cases, where …

Civil Liberties In Uncivil Times: The Perilous Quest To Preserve American Freedoms, Kenneth Lasson

All Faculty Scholarship

The perilous quest to preserve civil liberties in uncivil times is not an easy one, but the wisdom of Benjamin Franklin should remain a beacon: "Societies that trade liberty for security end often with neither." Part I of this article is a brief history of civil liberties in America during past conflicts. Part II describes various actions taken by the government to conduct the war on terrorism - including invasions of privacy, immigration policies, deportations, profiling, pre-trial detentions, and secret military tribunals. Part III analyzes the serious Constitutional questions raised by the government's actions in fighting terrorism. The thesis throughout …

Resistance Of Membrane Retrofit Concrete Masonry Walls To Lateral Pressure, Lee Moradi

All ETDs from UAB

No abstract provided.

Development And Testing Of Feed - A Feedback Expert System For Ems Documentation, Devashish Saini

All ETDs from UAB

Emergency Medical Services (EMS) are delivered in a chaotic, dynamic, unpre-dictable, and therefore error-prone environment. Deviations from protocol are common and some may be severe enough to cause harm to the patient. EMS personnel, like all healthcare providers, can benefit from feedback, continued education and medical over-sight. A Feedback Expert system for EMS Documentation (FEED) was developed for providing feedback to EMS personnel after the ambulance run is completed and docu-mented electronically. FEED’s knowledge base was derived from Alabama State EMS Protocols and discussions with two EMS faculty members from UAB School of Medi-cine. FEED is rule-based and uses confidence …

The African-American Church, Political Activity, And Tax Exemption, Vaughn E. James

Seton Hall Law Review

No abstract provided.

The Mature Rehnquist Court And The Dormant Commerce Clause Doctrine: The Expanded Discrimination Tier, David S. Day

South Dakota Law Review

No abstract provided.

Staff Council Meeting Minutes, Georgia Southern University, Staff Council

Staff Council Meeting Minutes & Agendas

No abstract provided.

Integrative Collaborative Activities: Public Deliberation With Stakeholder Processes, National Policy Consensus Center

National Policy Consensus Center Publications

Collaborative governance is the process of public, private, and non-profit sectors jointly developing solutions to public problems.

This process—convening people from different sectors to work together on a shared issue—can yield the best solutions to public problems. Research and experience show that solutions created in a collaborative governance process are “better informed, stronger in concept and content, and more likely to be implemented,” according to Terry Amsler, Director of the Collaborative Governance Initiative.

These solutions go beyond what any one sector could achieve on its own. They are more lasting and effective than solutions from traditional approaches. They are more …

The Health Of Patient Privacy: The Patient's Perspective On The Hipaa Protected Health Information, Deborah Lange-Kuitse

Dissertations

Problem

As healthcare entities continue to focus on HIPAA compliance, they must enforce policies that require patients to sign and express understanding of the organization’s privacy policies. It appears the patient’s perspective on healthcare privacy has not been considered within the HIPAA privacy ruling. Patients are healthcare consumers, yet little research has been done on assessing the individual consumer’s perspective on what Protected Health Information (PHI) is actually important to protect and from whom it is important to protect it.

Method

A quantitative survey was developed and distributed to the participants of the Carnegie group, an independent insurance firm in …

An Evaluation Of Reserve Component Leaders' Attitudes And Motivation As They Relate To Situational Leadership Theory In A Peacekeeping Operational Environment, Clark C. Barrett

Dissertations

Program. This study investigated the relationships between Reservist leaders' attitudes and Hersey and Blanchard's Situational Leadership Theory (SLT), and Thomas's Integrative Model of Intrinsic Motivation during a 2004 Sinai, Egypt, peacekeeping mission.

Methodology. This descriptive study provided quantitative and qualitative results. Three instruments were used with a convenience sample of leaders within one forward-deployed National Guard infantry battalion. The LEADSelf instrument determined the SLT style of unit officers and non-commissioned officers. The Thomas Empowerment Survey profiled participants' intrinsic motivation. A researcher-developed survey determined preferences for intrinsic versus extrinsic motivator factors.

The study centered on the following issues: (1) Are the …

Lessons From Katrina: Response, Recovery And The Public Health Infrastructure, Elizabeth Weeks

Scholarly Works

This paper was presented at DePaul University in March 2006, as part of a Symposium on Shaping a New Direction for Law and Medicine: An International Debate on Culture, Disaster, Biotechnology & Public Health. Following the catastrophic events of 2005, including Hurricane Katrina, Pakistani Earthquakes, bird flu transmission to human populations, and the real threat of bioterrorism, government struggled in the aftermath to make sense of the devastation and human displacement. Medical teams, try as they might, are not always prepared and alerted as to how best investigate and quickly render assistance. The Symposium addressed the role of government, policy-makers, …

Judge Richard Posner On Civil Liberties: Pragmatic Authoritarian Libertarian, Bernard Harcourt

Faculty Scholarship

How do you reconcile an opinion like Edmond v Goldsmith with the anti-civil-libertarian positions that Richard Posner advocates in his book Not a Suicide Pact: The Constitution in a Time of National Emergency? The book itself is self-consciously directed against a civil libertarian framework. "The sharpest challenge to the approach that I am sketching," Posner knowingly anticipates, "will come from civil libertarians," by which he means those "adherents to the especially capacious view of civil liberties that is often advanced in litigation and lobbying by the American Civil Liberties Union." In his book, Richard Posner argues in defense of the …

Kelo's Wake: In Search Of A Proportional Benefit, Jennie C. Nolon

Pace Environmental Law Review

No abstract provided.

The Buried Bodies Case: Alive And Well After Thirty Years, Lisa G. Lerman, Frank H. Armani, Thomas D. Morgan, Monroe H. Freedman

Scholarly Articles

No abstract provided.

The Tower Clock 2007, Tower Clock

Tower Clock Yearbooks

No abstract provided.

Reconsidering Incarceration: New Directions For Reducing Crime, Don Stemen

Criminal Justice & Criminology: Faculty Publications & Other Works

Little empirical study had been done to confirm or refute the effectiveness of incarceration in reducing crime rates when America began its historic reliance on prisons in the 1970s. Today, conversely, policymakers are faced with a large, complex, and sometimes contradictory body of research. This paper seeks to help officials make sense of this information and offers an up-to-date understanding of what works best. It also examines research on several of the other factors that might be developed as part of an expanded notion of public safety. Informed by this more inclusive understanding of current research, it suggests that effective …

The Hypocrisy Of The Milberg Indictment: The Need For A Coherent Framework On Paying For Cooperation In Litigation, Bruce H. Kobayashi, Larry E. Ribstein

Journal of Business & Technology Law

No abstract provided.

First Circuit Interprets Rapanos To Determine Which Test To Apply, Jonathan Lew

Sea Grant Law Fellow Publications

No abstract provided.

Sustainable Intensive Agriculture: High Technology And Environmental Benefits, Drew L. Kershen

Faculty Articles

No abstract provided.

Cradle To Cage: Confronting The Premature Institutionalization Of The Children Of The Incarcerated, Jen Fell

Theses and Dissertations

American prisons are swollen and distended. Over 2 million Americans sit in jail or prison today. About 2/3 of the incarcerated are parents. They parent approximately 2 million children in America today who are separated from mom or dad because of incarceration. Their children suffer from poverty, inconsistency in caregivers, separation from siblings, reduced opportunity to health and education and increased risk for substance abuse, alcoholism and incarceration themselves. Children of the incarcerated are seven times more likely than their peers to become incarcerated as adults.Many of these children are unable to visit their parents. Over half the mothers in …

Residential Outcomes Of Hope Vi Relocatees In Richmond, Va, Lallen Tyrone Johnson-Hart

Theses and Dissertations

In 1997 the Richmond Redevelopment and Housing Authority received a HOPE VI grant from the U.S. Department of Housing and Urban Development in the amount of $26.9 million to revitalize the Blackwell scattered site public housing community. The mixed income approach of HOPE VI calls for a reduction of public housing units, thus requiring all households to relocate to other neighborhoods. This research analyzed socioeconomic data to examine the relocation of households, assess whether they moved to better neighborhoods, and compare them to other poor households. Over half of all households moved to other distressed neighborhoods in the Northside, East …

Protecting Academic And Non-Profit Research: Creating A Compulsory Licensing Provision In The Absence Of An Experimental Use Exception, Kimberly M. Thomas

Santa Clara High Technology Law Journal

No abstract provided.

City Of Longview Cultural Assessment: Employee Survey Report, Masami Nishishiba, Jun Suzuki, Pachida Lo

Center for Public Service Publications and Reports

This report summarizes the result of the cultural assessment employee survey administered in April 2007 to all City of Longview employees. Responses were obtained from 235 people (response rate 67%).

The survey results include the following key findings:

* Average scores indicate that employees generally support diversity and understand the importance of diversity in the workplace.

* On average, employees rated departmental support and understanding toward diversity lower than their personal support.

* Average scores on the level of comfort discussing diversity-related issues was somewhat lower than other scores. Some people expressed that they do not feel comfortable speaking up …