Digital Commons Network^™

Wartime Security And Liberty Under Law, Robert H. Jackson

Buffalo Law Review

Address delivered at Buffalo Law School. May 9, 1951

Quo Vadis, Habeas Corpus?, James Robertson

Buffalo Law Review

The 2007 James McCormick Mitchell Lecture

Second-Amendment Scrutiny: Firearm Enthusiasts May Win The Battle But Ultimately Lose The War In District Of Columbia V. Heller, John W. Whittlesey

Case Western Reserve Law Review

No abstract provided.

Intuition, Morals, And The Legal Conversation About Gay Rights, Suzanne B. Goldberg

Nova Law Review

No abstract provided.

Nova Law Review 32, 3

Nova Law Review

No abstract provided.

Little To Be Gay About: Few Protections In Florida Against Discrimination Based Upon Sexual Orientation, B. George Walker

Nova Law Review

No abstract provided.

Peak Alarm Company, Inc., Jerry D. Howe And Michael Jeffrey Howe V. Salt Lake City Corporation, Shanna Werner, Charles F. "Rick" Dinse, Scott Atkinson, And James Bryant : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLANTS PEAK ALARM COMPANY, INC., JERRY D. HOWE and MICHAEL JEFFREY HOWE APPEAL FROM THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH HONORABLE L. R. DEVER PRESIDING

Supreme Court Case No. 20080918 Trial Court No. 050906433

Liberty, Judicial Review, And The Rule Of Law At Guantanamo: A Battle Half Won, Douglass Cassel

Journal Articles

In Boumediene v. Bush, 128 S. Ct. 2229 (2008), five members of the Supreme Court held that foreign prisoners at Guantanamo enjoy the constitutional privilege of habeas corpus; that their imprisonment had lasted too long for the Court to await completion of statutory review by lower courts of military tribunal findings that the prisoners were "enemy combatants"; and that the statutory judicial review was too deficient to substitute for the Great Writ.

Four Justices vigorously dissented. On the surface they differed on the history of the reach of the common law writ of habeas corpus, and on the procedural …

Fixing The Fatal Flaws In Oui Implied Consent Laws, Tina Wescott Cafaro

Faculty Scholarship

This Article explores the use of implied consent laws as a method of deterring and punishing alcohol-impaired driving. Part I introduces the history and purpose of implied consent laws. Part II discusses the inadequacies of current statutory implied consent provisions and their failure to effectively attain their designed purpose. This section also highlights two particularly detrimental aspects of the law as currently implemented: (1) the lack of uniformity in the application of the laws by individual states; and (2) the disparate treatment of persons who refuse to submit to BAC testing, both in terms of consequences of refusal to submit …

When The Bell Can't Be Unrung: Document Leaks And Protective Orders In Mass Tort Litigation, William G. Childs

Faculty Scholarship

This Article focuses on the proper balance for the tort system to strike between its role as a means for resolving disputes and its potential role as a means for obtaining information about the conduct of the parties, especially as that conduct affects public health.

The Author states that most protective orders in mass torts have been appropriate, and most documents presently designated as confidential have been properly designated, at least under the policies that have been established to date. The Author starts with the notion that protective orders have value and that there are reasons to try to prevent …

Data Protection Conflicts Between The United States And The European Union In The War On Terror: Lessons Learned From The Existing System Of Financial Information Exchange, Matthew R. Vanwasshnova

Case Western Reserve Journal of International Law

No abstract provided.

Providing A Safe Harbor For Those Who Play By The Rules: The Case For A Strong Regulatory Compliance Defense, Richard C. Ausness

Utah Law Review

On September 25, 2003, a fire broke out at the National Health Care (NHC) nursing home facility in Nashville, Tennessee, causing sixteen deaths and a number of injuries from smoke inhalation.1 Thirty-two victims subsequently filed suit against the nursing home, alleging that NHC was negligent for failing to install sprinklers in its facility.2 This claim was made notwithstanding the fact that applicable federal, state, and local safety regulations did not require the installation of sprinklers in this particular type of building, and notwithstanding that the NHC facility had been inspected by state fire inspectors just months before the fire and …

Quickly Assuaging Public Fear: How The Well-Intended Adam Walsh Act Led To Unintended Consequences, Brittany Enniss

Utah Law Review

The past several decades have witnessed an increase in sexual violence against children. This epidemic has created a national fear, which Congress has tried to calm by quickly passing sex-offender registration and notification laws. Most recently, Congress passed the most encompassing sex-offender registration law to date by enacting the Adam Walsh Child Protection and Safety Act of 2006 (Adam Walsh Act or Adam's Law). This Note argues that by hastily appeasing the public's desire of retribution and understanding, Congress passed legislation that harms those~ it ai~ to protect~hildren. The Adam Walsh Act subjects juveniles to the same sanctipns and restrictions …

Fight Blight: Cities Sue To Hold Lenders Responsible For The Rise In Foreclosures And Abandoned Properties, Creola Johnson

Utah Law Review

In the aftermath of the subprime mortgage meltdown,l Americans have been forced to change the way they view homeownership. Once considered to be the average person's most valuable asset, for many, homes have transformed into a burdensome liability. Spurred by the expansive securitization of the residential mortgage industry, many subprime mortgage lenders dismissed traditional lending standards and issued what some call "liar," "naked," or "no doc" loans, which were loans approved by lenders based on falsified or little-to-no documentation about the borrower's income or assets. Some of these loans were given to borrowers with poor credit histories and in amounts …

A Literature Review Examining The § 501 (H) Election And § Irc 501 (C)(3) Organizations, Kimberly Anne Hefernan Moss

Graduate Research Papers

The purpose of the study was to conduct a literature review to determine what IRC § 501(c)(3) organizations know about the§ 501 (h) election, and why they do or do not take it. The literature review is divided into three sections: 1) IRC 501 (c) Organizations and Legislation; 2) IRC § 501 (c) lobbying; and 3) IRC § 501(c)(3) Lobbying Rules/Regulations. There has been scant research conducted surrounding lobbying by nonprofit organizations. The first national study that addressed IRC § 501 (c)(3) organizations' lobbying was the Strengthening Nonprofit Advocacy Project (SNAP). Despite the fact that very few organizations have taken …

Georgia Southern University Fact Book, Georgia Southern University

Georgia Southern Fact Books (1976-2022)

No abstract provided.

Fourth Amendment Challenges To Camping Ordinances: A Legal Strategy To Force Legislative Solutions To Homelessness, Nicholas May

Richmond Public Interest Law Review

This Article argues that Fourth Amendment challenges to camping ordinances can prompt legislative efforts to solve the problem of homelessness in U.S. cities. By properly employing the Supreme Court of the United States' judicial standard for privacy rights, courts should consider the efforts of individual cities' efforts to curb poverty when asking the following question: does society view a homeless person's expectation of privacy as reasonable?

Comprehensive Planning In Louisiana, Lynn A. Maloney-Mújica

LSU Master's Theses

This study explores the factors associated with the implementation of land use planning policies and tools among the parishes (counties) of Louisiana. There is an absence of statutory standards, strict guidelines, and other external drivers for planning in Louisiana and the extent to which local governments regulate land use varies widely among local jurisdictions. The purpose of this study is to provide an empirical model of intrinsic factors that might explain why some parishes have decided to intervene in land use by adopting a high number of planning policies and tools, and why others have failed to adopt few, if …

An Analysis Of The Benefits And Patterns Of Public Support For Urban Forestry Programs, Barbi Marisa Landano

LSU Master's Theses

Trees are an essential element in a healthy urban community. They provide many benefits if they are properly managed and maintained throughout their lives. In order to accomplish this, urban forestry programs need to be established and there needs to be a good support system within the city. The objectives of this study are to identify key factors that may influence public support for urban forestry programs and to examine the role of nonprofit organizations in building support for and implementing urban forest programs. Surveys of Baton Rouge, Louisiana residents were conducted to identify the variables that are associated with …

Food Handling Practices Of High-Risk Populations, Bobby Babak Rasulnia

All ETDs from UAB

Populations such as the immuno-compromised (HIV/AIDS, chemotherapy, and transplant patients) and those with chronic conditions (gastric illness, cirrhosis, on anti-microbial therapy, antacid medication and steroid medications) are more susceptible to food borne illness. Examining differences in food handling practices and personal characteristics of high-risk groups verses the general population is the focus of this research. This study is based on secondary data from an established quantitative survey instrument developed and administered by the 2001 FDA Food Safety Survey. Descriptive, chi square, and logistic regression methods were used in the analysis. A statistically significant relationship was not found between health status …

2007 Annual Town Report Lempster, New Hampshire., Lempster Town Representatives

Lempster, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

The Outrageous God: Emotional Distress, Tort Liability, And The Limits Of Religious Advocacy, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

When Matthew Snyder died fighting for his country, his memory was celebrated, and his loss mourned. The Westboro Baptist Church conducted a celebration of a different kind by picketing near Matthew’s funeral service. The church held signs that read, “You are going to hell,” “God hates you,” “Thank God for dead soldiers,” and “Semper fi fags.” In the weeks following the funeral, the church posted on its website, godhatesfags.com, an “epic” entitled “The Burden of Marine Lance Cpl. Matthew Snyder.” Matthew’s burden, as the church saw it, was that he had been “raised for the devil” and “taught to defy …

Global Education And Training Initiatives Directory (Geti), Cisr

Global CWD Repository

The Global Education and Training Initiatives Directory has been created through the generous funding of the U.S. Department of State, Office of Weapons Removal and Abatement (PM/WRA).

The Global Education and Training Initiatives Directory represents a first effort to document the collective training and education opportunities that span a range of technical activities within mine action, explosive ordnance disposal and small arms/light weapons control and destruction. Efforts to counter the threats of landmines, unexploded ordnance and small arms/light weapons have traditionally been treated as separate entities; however, this directory is an effort to bring them together.

Training and education opportunities …

The Future Of Federal Sentencing Policy: Learning Lessons From Republican Judicial Appointees In The Guidelines Era, David M. Zlotnick

Law Faculty Scholarship

In the two years since the landmark Booker decision, federal sentencing policy has been in a state of suspended animation. This Article urges federal sentencing reform advocates to look to an unlikely source for realistic goals and ideological support --the experiences of Republican judicial appointees in the Guidelines Era. Its findings are based upon a long-term research project into cases in which Republican appointees stated their disagreement with the sentences required by law from the bench. The Article discusses the primary product of my research, forty comprehensive case profiles and their policy implications. Specifically, the Article demonstrates how the lessons …

Incest And Sex Offender Registration: Who Is Registration Helping And Who Is It Hurting?, Jocelyn Ho

Cardozo Journal of Equal Rights & Social Justice

The note argues that sex offender registration and notification laws, such as Megan's Law, disproportionately harm victims and offenders in cases of incest. It contends that incest is distinct from other sex crimes due to its familial nature and low recidivism rates, making its inclusion in public registries unnecessary and counterproductive. The psychological and social consequences of registration extend to victims, violating their privacy and perpetuating stigma. The note advocates for a shift in policy focus toward prevention, victim empowerment, and rehabilitation rather than punitive measures.

Heller And Insurrectionism, Carl Bogus

Law Faculty Scholarship

No abstract provided.

What Happens In North Minneapolis Doesn’T Stay In North Minneapolis: Arguing Credibility In A Criminal Trial, Rebutting Implicit Jury Bias, And Taking A New Look At Why A Prosecutor Would Tell Jurors That Civilian Witnesses Are From A “Different World”, Joshua R. Larson

School of Law Student Projects

In several recent homicide cases from Minneapolis, Minnesota, prosecutors have used a particular rhetorical device in closing argument that suggests to jurors that certain civilian witnesses from North Minneapolis live in a different world than the jurors do and that, therefore, the jurors must consider the witnesses’ unique cultural characteristics when weighing the witnesses’ credibility. Defense attorneys have decried these “different world” arguments, and the Minnesota Supreme Court has expressed concern that such arguments could violate a defendant’s right to a fair trial by insinuating that the defendant is from a different world and by introducing unnecessary racial or socioeconomic …

News Framing, Pre-Existing Schemas And Public Opinion On International Trade And Individual Investment Intentions, Wei Zha

LSU Doctoral Dissertations

Considerable research has been devoted to detailing how news framing structures public opinion. As a major rhetoric device to present information to the public, framing has the capacity of enlightening the public on the costs and benefits of particular policy choices. However, few studies have examined media framing of international trade and its impact on public opinion, and no study to date has connected how framing of international agreements might affect individual investment attentions. This study attempts to fill this gap in the literature by examining individual responses to pro-trade versus anti-trade and gain versus lose frames. It further extends …

New Media In New Democracies: Perceptions Of Good Governance Among Traditional And Internet-Based Media Users In Kyrgyzstan, Svetlana Viktorovna Kulikova

LSU Doctoral Dissertations

This dissertation explores the potential and role of the Internet-based media in the Kyrgyz Republic’s political processes after the 2005 March Revolution. It uses a model of interaction between the government and citizens through various types of realities: the reality constructed and imposed by the state-controlled media, the reality created by alternative, independent sources of information online, and the realities experienced by citizens in their daily lives. The model pulled together various theories from political science, sociology, psychology, and mass communication and focused on the exit-voice-loyalty options available for the citizens in response to governance practices. The research project uses …

Rural Telehealth Networks: Saving Lives Through Increased Connectivity, Ann Weilbaecher

Public Interest Law Reporter

No abstract provided.