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The Irrelevancy Of The Fourth Amendment In The Roberts Court, Thomas K. Clancy

Chicago-Kent Law Review

Since John Roberts Jr. became Chief Justice of the Supreme Court, there has been a measurable decline in the number of cases addressing Fourth Amendment questions. This article examines the reasons for that decline and predicts the substantial elimination of Fourth Amendment litigation in the Roberts Court. The prediction is based on several premises, including the lack of interest of the Justices on the Court concerning search and seizures principles and two significant recent cases, Pearson v. Callahan and United States v. Herring, which presage a significant decline in the number of lower court cases addressing the merits of …

Fourth Amendment Federalism And The Silencing Of The American Poor, Andrew E. Taslitz

Chicago-Kent Law Review

In Virginia v. Moore, police officers searched Moore incident to an arrest for a minor traffic infraction for which Virginia statutory law in fact prohibited arrest. The officers found cocaine on Moore's person, arresting him for that crime too. The United States Supreme Court ultimately found that the arrest for the traffic infraction and the subsequent search were valid under the federal Constitution's Fourth Amendment. Central to the Court's reasoning was its insistence that the state statute was irrelevant. Any contrary conclusion, explained the Court, would wrongly make the Fourth Amendment's meaning vary from place to place. Professor Taslitz …

Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak

Chicago-Kent Law Review

The exclusionary rule, which bars from admission evidence obtained in violation of the Fourth Amendment's prohibition of unreasonable searches and seizures, is a bedrock of American law. It is highly controversial, but there seems to be no equally effective way to protect citizens' rights. This paper proposes that an admissibility standard be adopted that is in keeping with virtually every jurisdiction around the world other than the United States. Thus, before ruling evidence inadmissible, the court would consider the level of the constitutional violation, the seriousness of the crime, whether the violation casts substantial doubt on the reliability of the …

Melendez-Diaz And The Right To Confrontation, Craig M. Bradley

Chicago-Kent Law Review

In Crawford v. Washington, the Supreme Court overruled Ohio v. Roberts and adopted new law concerning the use of hearsay testimony at criminal trials. This was based on the Sixth Amendment's command that "In all criminal prosecutions the accused shall enjoy the right . . . to be confronted with the witnesses against him .. " On its face this provision seems to say that the accused has the right to cross-examine anybody who testifies for the prosecution at trial, whether as a live witness or through hearsay. The Supreme Court acknowledged much of this in Crawford, but …

Stacking In Criminal Procedure Adjudication;Symposium On Criminal Procedure: Judicial Proceedings, Luke M. Milligan

Chicago-Kent Law Review

The institutionalist branch of "Law and Courts" studies how judges incorporate institutional constraints into their decision-making processes. Congressional constraints on judicial review, as the literature currently stands, fall into one of two general classes: overrides and Court-curbing measures. This taxonomy, however, is incomplete. Neither overrides nor curbing measures are needed to explain the not uncommon situation where a policy-oriented Justice deviates from a preferred vote based on the belief that such a vote will prompt Congress to alter an "insulated base rule" in a way that disrupts the Justice's larger policy agenda. An "insulated base rule" is a Congressional policy …

No Tax For "Phantom Income": How Congress Failed To Encourage Responsible Housing Consumption With Its Recent Tax Legislation, Rue Toland

Chicago-Kent Law Review

In the midst of the recent housing crisis, Congress passed two key pieces of federal tax legislation in an attempt to stem the tide of foreclosures and prevent further economic collapse. These two bills, the Mortgage Forgiveness Debt Relief Act in 2007 and the Housing and Economic Recovery Act in 2008, both sought competing goals: lessening the harm to existing homeowners, and encouraging purchases by new homebuyers. However, neither bill adequately addressed one of the root causes of the housing crisis, namely homeowners obtaining mortgages that, for whatever reason, they could not afford. Indeed, the tax incentives these bills created …

Don't Bet On It: Casino's Contractual Duty To Stop Compulsive Gamblers From Gambling, Irina Slavina

Chicago-Kent Law Review

To address the problem of compulsive gambling, most states with commercial casinos have enacted statewide self-exclusion programs—a mechanism by which patrons petition to be physically removed from a casino if they are discovered on the premises. The casinos in the remaining states voluntarily instituted facility-based programs to assist problem gamblers in fighting their addiction.

But besides having any intended effect, these programs provided gamblers with a new ground for lawsuits—breach of contract. This note argues that neither states nor individual casinos should be liable to self-excluded patrons for breach of contract, even if they enter a casino and lose money …

Understanding Folk Dance And Gypsy Style In Selected Pieces For Clarinet And Piano By 20th Century Hungarian Composers: An Interpretive Guide, Jessica Vansteenburg

Glenn Korff School of Music: Dissertations, Theses, Student Creative Work, and Performances

Hungary has a long and rich history of folk music and dance. The clarinet has played a part in this history and remains a popular instrument in the country. Clarinet is most often associated with the verbunkos and is a regular member of the Gypsy band. The desire for composers of art music to compose in the folk tradition grew out of Hungarian nationalism in the 19th century and continued into the 20th century partly due to political pressures and the value of tradition in Hungarian music education.
Following a historical overview of the folk music and dance tradition in …

Speleo Spiel, No. 375, November-December 2009, Alan Jackson

Speleo Spiel

Contents: Regular Bits -- Trip Reports -- Other Exciting Stuff

Into The Murky World Of Class Consciousness, Peter S. Carmichael

Civil War Institute Faculty Publications

In a 1975 article on the place of yeomen farmers in a slave society, Eugene D. Genovese identified a critical question concerning the nature of the Old South. The issue, he wrote, is to explain “the degree of class collaboration and social unity” that existed among all whites, which to Genovese appeared “all the more impressive in the face of so many internal strains.” Although some critics mistakenly charged that Genovese argued for non-slaveholder passivity in the face of planter hegemony, he was, in actuality, acknowledging that class relations were permeated with tension and discord, causing bitter resentments that occasionally …

Towards Reasoning Pragmatics, Pascal Hitzler

Computer Science and Engineering Faculty Publications

The realization of Semantic Web reasoning is central to substantiating the Semantic Web vision. However, current mainstream research on this topic faces serious challenges, which force us to question established lines of research and to rethink the underlying approaches.

Atoms And Molecules In Strong Midinfrared Laser Fields, Cosmin Ioan Blaga

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

When atoms and molecules are subjected to low frequency laser fields whose electric fields rival the atomic and molecular ones, the liberated photoelectrons can revisit and subsequently rescatter on their parent ions within a fraction of the laser period. In the last few years, using nearinfrared pulses it has been shown that the photoelectron momentum distribution carries the fingerprint of a diffraction pattern from which for molecules it is possible to extract structural information. Given that the maximum kinetic energy of the returning photoelectron wave packet increases with the intensity and the square of the wavelength of the driving field, …

Individual Responsibility As Explained In The Odyssey, Jill Britten

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

This thesis attempts to explain the relevance of teaching the Odyssey in the contemporary classroom. Although it is arguable that the rift between today‟s world and the world of the ancient Greeks is too great, accessible connections can be made. A close reading of the text reveals that one of the major themes in the Odyssey pertains to the concept of individual responsibility and how the individual plays a vital role to the wellbeing of a healthy society. Through the depiction of various societies that range from hypercivilized to savage, the reader can begin to form a solid idea of …

Spatial Distribution Of Petroleum Hydrocarbons In Sediment Cores From Blind Pass, St. Pete Beach, Florida, Charles M. Featherstone, John Proni, Thomas P. Carsey, Cheryl J. Brown, Madeleine M. Adler, Patricia Blackwelder, Husain Alsayegh, Teresa A. Hood, Christina Piela, Donald S. Mccorquodale Jr.

Marine & Environmental Sciences Faculty Reports

One hundred and one sediment cores were collected to characterize the spatial distribution of petroleum hydrocarbons within and just outside Blind Pass, St. Pete Beach, Florida. Twenty-five percent of the cores exhibited levels of petroleum hydrocarbons above detection limits of the gas chromatograph/flame ionization detector (GC/FID) (0.01 mg/Kg), but at generally low concentrations. Petroleum hydrocarbon speciation studies of these samples (gas chromatography/mass spectroscopy [GC/MS]) indicate above-detection level (1 μg/Kg) petroleum hydrocarbons are similar to the non-volatile petroleum hydrocarbons found in a Bouchard 155 reference sample collected after the 1993 oil spill in the area, but are in a much degraded …

Extraction And Analysis Of Coral Reef Core Samples From Broward County, Florida., Anastasios Stathakopoulos

HCNSO Student Theses and Dissertations

The reefs off Broward County exist as three shore-parallel, sequentially deeper terraces named the "inner", "middle", and "outer" reefs and also a shallower, nearshore ridge complex. These structures span the continental coast of southeast Florida from Palm Beach County to southern Miami-Dade County and were characterized as relict, early Holocene shelf-edge and mid-shelf reefs along with limestone ridges. Presently, the reefs are colonized by a fauna characteristic of West Atlantic/Caribbean reef systems. Scleractinian coral cover is low except for a few dense patches of Acropora cervicornis, while Acropora palmata is absent except for a few individual living colonies.

Coral …

Behavioral Changes In Aging But Not Young Mice After Neonatal Exposure To The Polybrominated Flame Retardant Decabde, Deborah C. Rice, W. Douglas Thompson, Elizabeth A. Reeve, Kristen D. Onos, Mina Assadollahzadeh, Vincent P. Markowski

Applied Medical Sciences [Discontinued]

BACKGROUND: After several decades of commercial use, the flame-retardant chemicals polybrominated diphenyl ethers (PBDEs) and their metabolites are pervasive environmental contaminants and are detected in the human body. Decabrominated diphenyl ether (decaBDE) is currently the only PBDE in production in the United States. OBJECTIVES: Little is known about the health effects of decaBDE. In the present study we examined the effects of neonatal decaBDE exposure on behavior in mice at two ages. METHODS: Neonatal male and female C57BL6/J mice were exposed to a daily oral dose of 0, 6, or 20 mg/kg decaBDE from postnatal days 2 through 15. Two …

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

The Role Of Innocence Commissions: Error Discovery, Systemic Reform Or Both?, Kent Roach

Chicago-Kent Law Review

This article examines the role of innocence commissions as emerging criminal justice institutions. It draws a distinction between commissions devoted to the correction of errors in individual cases and commissions which make systemic reform recommendations in an effort to prevent wrongful convictions in future cases. The British and Scottish Criminal Cases Review Commission and the North Carolina Innocence Inquiry Commission are examined as examples of the former type of commission while Canadian public inquiries and commissions in Illinois, California and Virginia are examined as examples of the latter type of commission. Innocence commissions have had difficulties combining error correction and …

The Fourth Amendment, The Exclusionary Rule, And The Roberts Court: Normative And Empirical Dimensions Of The Over-Deterrence Hypothesis, Donald Dripps

Chicago-Kent Law Review

This essay engages in the risky business of predicting future Supreme Court developments. In the first part, I analyze the evidence suggesting that the Roberts Court might abolish the exclusionary rule. The critique of exclusion in Hudson v. Michigan is both less and more probative than appears at first blush. Part II turns to some less obvious evidence pointing in the direction of retaining the exclusionary rule. First, abolition of the exclusionary rule is inconsistent with the Hudson majority's apparent content with prevailing police behavior. Second, abolition of the exclusionary rule would curtail the power of the Supreme Court. Part …

Regional Variation In Perceptions About Climate Change., Lawrence C. Hamilton, Barry D. Keim

Sociology

A 2007 survey covering rural areas in nine US states provides data on perceived local impacts of climate change. Perceptions vary from region to region, with a pattern suggesting links to real climate specifically to winter warming in snow country. A multivariate analysis using mixed-effects ordered logit regression confirms a significant perception-temperature relationship, net of individual background and ideological characteristics, and of regional variations. These findings invite more detailed research.

2009 Vol. 58 No. 3, Cleveland-Marshall College Of Law

2000s

No abstract provided.

Impact Of Missouri Reading Initiative On Student Achievement: An Administrative Perspective, Timothy E. Jamieson

Dissertations

Reading and critical thinking skills are a source of concern when analyzing student achievement relative to No Child Left Behind (NCLB). In Fort Zumwalt, middle school Missouri Assessment Program (MAP) test scores in communication arts have not consistently met NCLB requirements. To address this concern, Fort Zumwalt implemented Missouri Reading Initiative (MRI) as a pilot at North Middle School during the 2007-08 school year. Collaborative researchers collected data derived from student test scores on the 2006-07 and 2007-08 communication arts MAP to assess MRI effectiveness. Quantitatively, this study examined the relationship between implementation of MRI and student achievement on the …

Prism Vol. 1, No. 1, Center For Complex Operations

PRISM (Full PDF Issues)

Welcome to PRISM, a national security journal tailored to serve policymakers, scholars, and practitioners working to enhance U.S. Government competency in complex operations. PRISM explores the analysis, planning, and implementation of community-wide approaches to the three Ds—Defense, Diplomacy, and Development—and provides a forum for U.S. Government agencies, academic institutions, foreign governments, allied militaries, nongovernmental organizations, and other participants in the complex operations arena. PRISM is chartered to study, promote, and reinforce emerging thought and best practices as civilian capacity increases in stability, reconstruction, security, counterinsurgency, and irregular warfare operations. PRISM complements Joint Force Quarterly, chartered by General Colin …

Context-Dependent Fusion With Application To Landmine Detection., Lijun Zhang

Electronic Theses and Dissertations

Traditional machine learning and pattern recognition systems use a feature descriptor to describe the sensor data and a particular classifier (also called "expert" or "learner") to determine the true class of a given pattern. However, for complex detection and classification problems, involving data with large intra-class variations and noisy inputs, no single source of information can provide a satisfactory solution. As a result, combination of multiple classifiers is playing an increasing role in solving these complex pattern recognition problems, and has proven to be viable alternative to using a single classifier. In this thesis we introduce a new Context-Dependent Fusion …

Polynomial Approximation Method For Stochastic Programming., Dongxue Ma 1986-

Electronic Theses and Dissertations

Two stage stochastic programming is an important part in the whole area of stochastic programming, and is widely spread in multiple disciplines, such as financial management, risk management, and logistics. The two stage stochastic programming is a natural extension of linear programming by incorporating uncertainty into the model. This thesis solves the two stage stochastic programming using a novel approach. For most two stage stochastic programming model instances, both the objective function and constraints are convex but non-differentiable, e.g. piecewise-linear, and thereby solved by the first gradient-type methods. When encountering large scale problems, the performance of known methods, such as …

Mechanisms Mediated By Cxcl12 Signaling Through Cxcr4 And Cxcr7 In Breast Cancer., Lasharon Denise Mosley

Electronic Theses and Dissertations

Interactions between chemokines and their receptors are involved in organ- specific homing and propagation of metastatic breast cancer (BrCa) cells. BrCa cells express higher levels of CXCR4 and CXCR7 mRNA and cell surface protein, than normal human mammary epithelial cells (HMECs). CXCR4 is ubiquitously expressed by a multitude of cancerous and normal cell types; while CXCR7 is differentially expressed by T helper lymphocytes, cancer cells, and normal epithelium. Importantly, recent studies show CXCR7 is highly expressed by activated endothelial cells (i.e., neovasculature), fetal liver cells, and many tumors, but not by non-transformed (or normal) human tissues. Unlike other chemokine receptors, …

A Ferrari Engine With Bicycle Brakes : Mothers' Perceptions Of Family Communication Patterns When Having An Adhd Child., Anita Hoag 1967-

Electronic Theses and Dissertations

The purpose of this study was to explore how mothers with an ADHD child living in the household perceive and manage family communication. In-depth interviews were conducted amongst nine married mothers who have an ADHD child. Three themes emerged from the interview data: relational management, time management, and internal and external support. Mothers communicate with their ADHD child differently than their non-ADHD children and must also manage communication about the ADHD diagnosis. Mothers are not always open about their child's ADHD with non-family members as they are afraid of the stigma that is attached to the condition. Mothers recognize that …

The Leadership Styles Of Social Work Educators., Patricia Louise Desrosiers 1969-

Electronic Theses and Dissertations

The purposes of this study are twofold: (1) to describe the leadership styles of social workers in educational administration and (2) to explain possible differences in leadership style by determining if context or gender or a combination of both factors influences style. This study will explore and describe the leadership styles of social work education administrators in the United States. The research design was a cross-sectional survey design and utilized multiple methods, both qualitative and quantitative, to achieve its purposes. Leadership styles were explored primarily through the collection of quantitative data in the form of a scale: the MLQ 5x-Short …

Psuedo-Randomly Controlled Analog Synthesizer, Jared Huntington

Electrical Engineering

The goal of this project was to design and build a portable box recreating classic sounds heard in science fiction films. These include sounds ranging from droning hums to bloops and bleeps. Currently no other device is made specifically for generating these sounds. The user controls and manipulates the sounds produced using a combination of switches and knobs to shape the sound generation. The sounds are generated using analog electronics. The project was successful in meeting the desired goal by designing and building a Randomizer, MIDI controller, VCO, LFO, VCA, Ring Modulator, and Fuzz Section. The resulting device is useful …

Switching Circuit For A Permanent Magnet Dc Motor, Alex Boatman

Electrical Engineering

The project is a circuit that will basically supply current from the battery to the different stator coils at opportune moments. With a hall-effect sensor on the shaft as a feedback to a microcontroller, I was able to toggle switches based on the position of the shaft at the moments where we would be using as little power as possible. The operation of the control circuit works similar to a stepper motor; it takes a signal from the microcontroller that is sent to some FET drivers, which in turn sends signals to the FETs to open or close as the …