Digital Commons Network^™

Why Protect Private Arms Possession? Nine Theories Of The Second Amendment, Michael S. Green

Faculty Publications

No abstract provided.

Examining The Effect Of Organizational Policy Changeon Taser Utilizations, Michael Miller

Electronic Theses and Dissertations

The purpose of this study is to examine the effect of organizational policy changes within the Use-of-Force Continuum on taser usage and officer's perceptions of taser effectiveness. Tasers have been used by police since the 1970s and their use is increasing as the technology has improved. Data reveals that tasers are beneficial for controlling non-compliant suspects while preventing serious injuries and rarely has their use resulted in death. Much of the public controversy surrounding tasers centers on when and how often officers deploy them. Use of force data from 890 police citizen encounters during a two-year period was analyzed to …

A Libel Law Analysis Of Media Abuses In Reporting On The Duke Lacrosse Fabricated Rape Charges, David A. Elder

Vanderbilt Journal of Entertainment & Technology Law

The broad outlines of the monumental injustices involved in the Duke lacrosse rape-that-never-happened case are well known. An unethical local prosecutor, Michael B. Nifong, for partisan political reasons, pursued the Duke lacrosse team and ultimately indicted three of its members based almost solely on the accusations of a wholly unreliable, self-proclaimed victim. Nifong received generous support and sustenance from many left-leaning, politically active Duke faculty, an extraordinarily inept (or worse) Duke administration, and almost the entirety of the mainstream media. Ultimately, following a detailed analysis by his office, North Carolina Attorney General Roy A. Cooper publicly excoriated Nifong in concluding …

The Arms Of Safety: Al Lingo And The Strategy Of Massive Interference, 1963-1965, Christopher Joel Ewing

All ETDs from UAB

No abstract provided.

The Case For Tolerant Constitutional Patriotism: The Right To Privacy Before The European Courts, Francesca Bignami

GW Law Faculty Publications & Other Works

The theory of constitutional patriotism has been advanced as a solution to the European Union's legitimacy woes. Europeans, according to this theory, should recognize themselves as members of a single human community and thus acknowledge the legitimacy of Europe-wide governance based on their shared belief in a common set of liberal democratic values. Yet in its search for unity, constitutional patriotism, like nationalism and other founding myths, carries the potential for the exclusion of others. This article explores the illiberal tendencies of one element of the liberal canon - the right to privacy - in the case law of Europe's …

Public Safety And The Right To Bear Arms, Robert J. Cottrol, Raymond T. Diamond

GW Law Faculty Publications & Other Works

On Tuesday November 20th, 2007 the United States Supreme Court granted certiorari in a case involving the District of Columbia's ban on handguns. The statute had been successfully challenged in the United States Court of Appeals for the District of Columbia Circuit on the grounds that it violated the Second Amendment's guarantee of "the right of the people to keep and bear arms." With its decision to grant certiorari, the Supreme Court entered a constitutional controversy from which it had been largely absent for nearly seventy years, the meaning and scope of the Second Amendment. That controversy, the debate over …

Grand Jury Discretion And Constitutional Design, Roger A. Fairfax Jr.

GW Law Faculty Publications & Other Works

The grand jury possesses an unqualified power to decline to indict - despite probable cause that alleged criminal conduct has occurred. A grand jury might exercise this power, for example, to disagree with the wisdom of a criminal law or its application to a particular defendant. A grand jury might also use its discretionary power to send a message of disapproval regarding biased or unwise prosecutorial decisions or inefficient allocation of law enforcement resources in the community. This ability to exercise discretion on bases beyond the sufficiency of the evidence has been characterized pejoratively as grand jury nullification. The dominant …

Romans Jest At The Protestant Test Or How Catholic Missions And Debate Changed Protestant Minds About Toleration, Lisa Clark Diller

Faculty Works

No abstract provided.

Jean-Paul Marat: The Politics Of Death, Joseph Paul Wallace

Honors Theses

The following thesis discusses the death and quasi-deification of Jean-Paul Marat, politician and journalist of the French Revolution. I focus on the tensions between social, artistic, and political movements that sprung up in the wake of the radical’s martyrdom. I also demonstrate the drastic change in general attitudes and policies— political, social and artistic—toward Marat between the years of the Terror and Thermidor. I hope to prove that Marat, in transcending his own policies and words after death by becoming a visual and tactile symbol representing both social justice and political terror, is a pivotal figure for the French Revolution. …

Steve Clegg V. Wasatch County And Bruce T. Jensen : Supplemental Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a Judgment of Fourth Judicial District Court Wasatch County, State of Utah Honorable Fred Howard

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

Utah Supreme Court Briefs (2000–2020)

Brief of Appellees

When Obscenity Discriminates, Elizabeth M. Glazer

Hofstra Law Faculty Scholarship

When public indecency statutes outlaw gender nonconformity, obscenity discriminates; when movie ratings censor representations of sexual minorities, obscenity discriminates, and discriminates on the basis of their status as sexual minorities. This Article addresses obscenity doctrine's infliction of first generation, or status discrimination against sexual minorities by conflating "sex" - and the prurient representation of sex that constitutes obscenity - and "sexual orientation." Civil rights lawyers and scholars have turned their attentions away from "first generation" discrimination," where groups experience discrimination on the basis of their status, and toward "second generation" discrimination, where groups experience discrimination for failing to downplay or …

A Game Of Cat And Mouse - Or Government And Prisoner: Granting Relief To An Erroneously Released Prisoner In Vega V. United States, Danielle E. Wall

Villanova Law Review (1956 - )

No abstract provided.

An Exploration Of Factors Related To Hypertension Control In African American And Caucasian Municipal Employees, Sunun Sinsuesatkul

All ETDs from UAB

Hypertension is a major contributor to morbidity, mortality, and medical costs in the United States. African Americans (AAs) have the highest prevalence of hypertension in the world, exhibiting at least twice the rate for Caucasians in almost every age and sex group. AAs are also at higher risk for complications from hypertension than Caucasians. While several factors have been proposed as accounting for those differences, there is no consensus on which factors may be responsible; the reasons for disparities in hypertension control in AAs are complex, and need further investigation. This study explored relationships between multiple factors to identify how …

Occupational Stressors, Job Satisfaction, And Back Pain In Firefighters, Mantana Damrongsak

All ETDs from UAB

Occupational back pain is a significant health and safety problem in many industrialized countries for persons who are required to perform work-related forceful movement and lifting. Firefighters, an occupational group at high risk for back injury, perform many job tasks under hazardous work conditions. One-third of firefighters retire due to job-related health and safety problems and 49.4% of this group retire as a result of back pain, the leading cause of early retirements in firefighters. Most studies have examined factors influencing back problems among other workers, especially nurses and hospital workers, but few studies have investigated factors that influence back …

Religious Accommodations In Education: A Comparison Of Non-Establishment In The United States And Established Religion In England And Wales, Jaclyn Kass

Seton Hall Law Review

No abstract provided.

Institutional Identity And The Rule Of Law: Belmarsh, Boumediene, And The Construction Of Constitutional Meaning In England And The United States, Douglas E. Edlin

Loyola of Los Angeles Law Review

No abstract provided.

Limiting Federal Agency Preemption: Recommendations For A New Federalism Executive Order, William Funk, Thomas Mcgarity, Nina A. Mendelson, Sidney Shapiro, David Vladeck, Matthew Shudtz, James Goodwin

Other Publications

The structure of the U.S. Constitution reflects a profound respect for the principles of federalism and state sovereignty. These principles require the federal government to recognize and encourage opportunities for state and local governments to exercise their authority, especially in areas of traditional state concern such as the protection of the health, safety, and welfare of their citizens. However, over the last six years there has been a coordinated Executive Branch effortto use the regulatory process to shield certain product manufacturers from state tort liability. The Food and Drug Administration, National Highway Traffic Safety Administration, and Consumer Product Safety Commission, …

When And Why Lawyers Are The Problem, David A. Hyman

DePaul Law Review

No abstract provided.

The Last Straw: The Department Of Justice's Privilege Waiver Policy And The Death Of Adversarial Justice In Criminal Investigations Of Corporations, Julie R. O'Sullivan

DePaul Law Review

No abstract provided.

The Vioxx Litigation: A Critical Look At Trial Tactics, The Tort System, And The Role Of Lawyers In Mass Tort Litigation, Frank M. Mcclellan

DePaul Law Review

No abstract provided.

Winter Performance Assessment Of Permeable Pavements: A Comparative Study Of Porous Asphalt, Pervious Concrete, And Conventional Asphalt In A Northern Climate, Kristopher M. Houle

Master's Theses and Capstones

This study presents the findings from two active parking lots constructed of permeable pavements: porous asphalt and pervious concrete. Focus is given to the performance of these pavements in a cold-climate setting. Winter places great demands on pavements so it is of particular interest to evaluate how they compare to conventional designs. Analyses include measurements of frost penetration, surface infiltration rates, snow and ice cover, skid resistance, chloride retention, and effective salt loads. Infiltration rates were retained in winter conditions and with frost depths as high as 27-inches. A 75% average reduction in annual salt use was observed for porous …

Adolescent Development And The Regulation Of Youth Crime, Elizabeth S. Scott, Laurence Steinberg

Faculty Scholarship

Elizabeth Scott and Laurence Steinberg explore the dramatic changes in the law’s conception of young offenders between the end of the nineteenth century and the beginning of the twenty-first. At the dawn of the juvenile court era, they note, most youths were tried and punished as if they were adults. Early juvenile court reformers argued strongly against such a view, believing that the justice system should offer young offenders treatment that would cure them of their antisocial ways. That rehabilitative model of juvenile justice held sway until a sharp upswing in youth violence at the end of the twentieth century …

Phase Change Cooling Applications - Engine Cooling, Kiran Kumar Katta

Open Access Theses & Dissertations

Waste heat recovery system composed of two phase cooling system, exhaust heat exchanger, and mini-turbine has been proposed by Henry Works, Inc to generate auxiliary power via harvesting engine cooling and exhaust heat loss from heavy duty vehicles. The objective of this research is to evaluate the two phase cooling system through the engine dynamometer test and obtain initial test data for the development of the waste heat recovery system. Engine dynamometer experiment for evaluating two phase cooling has been conducted using Perkins diesel engine. During two phase cooling phase, the coolant temperature showed less than 1 °C variation in …

Juvenile Crime And Criminal Justice: Resolving Border Disputes, Jeffrey Fagan

Faculty Scholarship

Rising juvenile crime rates during the 1970s and 1980s spurred state legislatures across the country to exclude or transfer a significant share of offenders under the age of eighteen to the jurisdiction of the criminal court, essentially redrawing the boundary between the juvenile and adult justice systems. Jeffrey Fagan examines the legal architecture of the new boundary-drawing regime and how effective it has been in reducing crime.

The juvenile court, Fagan emphasizes, has always had the power to transfer juveniles to the criminal court. Transfer decisions were made individually by judges who weighed the compet­ing interests of public safety and …

Rights And The Hijâb: Rationality And Discourse In The Public Sphere, Howard Adelman

Human Rights & Human Welfare

The Rights of Others: Aliens, Residents, and Citizens by Seyla Benhabib. Cambridge, UK: Cambridge University Press, 2004. 251 pp.

and

Why the French Don’t Like Headscarves: Islam, the State, and Public Space by John R. Bowen. Princeton: Princeton University Press, 2006. 290 pp.

and

Muslim Girls and the Other France: Race, Identity Politics & Social Exclusion by Trica Danielle Keaton. Bloomington: Indiana University Press, 2006. 223 pp.

and

Human Rights and Religion: The Islamic Headscarf Debate in Europe by Dominic McGoldrick. Portland, Oregon: Hart Publishing, 2006. 320 pp.

The Future Of Enterprise Regulation: Corporate Social Accountability And Human Freedom, Lindsay J. Thompson

Journal of Business & Technology Law

No abstract provided.

A Vote Delayed Is A Vote Denied: A Proactive Approach To Eliminating Election Administration Legislation That Disenfranchises Unwanted Voters, Gilda R. Daniels

All Faculty Scholarship

In an effort to determine voter eligibility and access to the voting booth, our democratic system has allowed political forces, to develop laws that would meet their aims of either granting or denying access to the franchise. Caught in this web of regulations, practices and procedures is the "unwanted voter" - the disabled, elderly, poor, and minority voter. New millennium models of exclusion, such as overly restrictive identification requirements, unwarranted voter purges, restrictive voter registration rules, increasing costs for underlying documents to support citizenship and eligibility for voting, are creating a caste system in the electoral process. The practice of …

To License Or Not To License: An Examination Of State Statutes Regarding Private Investigators And Digital Examiners, Thomas Lonardo, Doug White, Alan Rea

Journal of Digital Forensics, Security and Law

In this paper the authors examine statutes that regulate, license, and enforce investigative functions in each US state. After identification and review of Private Investigator licensing requirements, the authors find that very few state statutes explicitly differentiate between Private Investigators and Digital Examiners. After contacting all state agencies the authors present a distinct grouping organizing state approaches to professional Digital Examiner licensing. The authors conclude that states must differentiate between Private Investigator and Digital Examiner licensing requirements and oversight.

The Last Straw: The Department Of Justice's Privilege Waiver Policy And The Death Of Adversarial Justice In Criminal Investigations Of Corporations, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

The white-collar criminal defense bar has never been reticent to complain about U.S. Department of Justice (DOJ) policies that threaten its clients or the viability of its practice. But nothing--at least in the author's twenty-plus years of involvement in white-collar issues--has consumed the bar as much as the threats posed to the corporate attorney-client privilege and work-product doctrine. While commentators have identified a variety of assaults on these protections, the bar is most vocally outraged by the DOJ policy, pursuant to which, it charges, federal prosecutors regularly insist that corporations waive these protections to secure cooperation credit, declination of criminal …