Digital Commons Network^™

Safe: Restrictive Covenants And The Next Wave Of Sex Offender Legislation, Asmara M. Tekle

SMU Law Review

No abstract provided.

Quantum Of Competence: Balancing Bivens During The War On Terror, Kristina Kiik

SMU Law Review

No abstract provided.

Social Movements And Judging: An Essay On Institutional Reform Litigation And Desegregation In Dallas, Texas, Darren Hutchinson

SMU Law Review

No abstract provided.

Equality And The Free Exercise Of Religion , Bret Boyce

Cleveland State Law Review

Part I of this Article begins with a brief overview of Supreme Court case law on free exercise exemptions, which provides a background for modern historical and normative debates. Part II examines the original understanding of the Religion Clauses, which proponents of “substantive neutrality” claim supports their position. This Part rejects that claim, concluding that the limited evidence of the original understanding of the First Amendment and the Fourteenth Amendment (under which current doctrine makes the First Amendment's guarantees applicable to the states) does not provide a firm basis for resolving modern debates over exemptions, but is at least as …

Stripped Of Justification: The Eleventh Circuit's Abolition Of The Reasonable Suspicion Requirement For Booking Strip Searches In Prisons, Andrew A. Crampton

Cleveland State Law Review

Part II of this Note will provide an historical judicial background of the decisions leading up to the Powell v. Barrett decision. This section will first take a brief look at the history of the prison strip search before conducting an in-depth analysis at the Bell v. Wolfish decision, including the facts, rationale, and ambiguities of the decision. Next, this Note will examine the subsequent use of the Bell v. Wolfish decision by the federal courts in the context of strip searches conducted pursuant to facilities' booking policies, focusing on the rise of the “reasonable suspicion” standard. Part III of …

Arms In The Hands Of Jews Are A Danger To Public Safety: Nazism, Firearm Registration, And The Night Of The Broken Glass, Stephen P. Halbrook

St. Thomas Law Review

The following begins with a detailed analysis of the arrest reports of Alfred Flatow and two other Berlin Jews who possessed registered firearms or whose firearms were discovered in house searches by the police. It then shows these arrests to have been part of an orchestrated Nazi police campaign to disarm all Berlin Jews, including those whose firearms were lawfully possessed. Having rendered Jews defenseless, the stage was set for a major pogrom. When an incident, which took place abroad, gave the Nazis the excuse they needed for a rampage throughout all of Germany, the Night of the Broken Glass--characterized …

The Banality Of Excessive Defender Workload: Managing The Systemic Obstruction Of Justice, Bennett H. Brummer

St. Thomas Law Review

This article focuses on the impact of public defender' ("PD") excessive caseload ("EC") and related indigent defense issues on the values of professionalism, stewardship, and patriotism. It can be regarded as a sequel to my previous article, "Independent, Professional Judgment: The Essence of Freedom," which dealt with the same fundamental values, but a wider range of topics. The article is intended as a reference, including recent material, in a somewhat different context from previous studies. In my experience, for the last 40 years, the normal functions of our state and local criminal justice systems ("CJS"), especially indigent defense and the …

Temple, New Hampshire 2008 Annual Report For The Year Ending December 31, 2008., Temple Town Representatives

Temple, NH Annual Reports

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

Leveraging Maximum Reform While Enforcing Minimum Standards, Alphonse Gerhardstein

Fordham Urban Law Journal

This Article focuses on criminal justice reform in the context of litigation. Specifically, it offers solutions for how to promote effective policies to reduce recidivism and ultimately keep the public safe from crime. It takes the position that litigation that merely focuses on constitutional violations of prison confinement is not complete without a focus on programming and supervision options upon return to society. Part I of the Article reviews some of the problems facing efforts to improve recidivism rates, specifically litigation that solely focuses on prison conditions. Part II deals with programs that should be undertaken to reduce recidivism in …

Are We All Together? : A Study Of Evacuation And Sheltering Of Public Safety Special Needs Populations In The Commonwealth Of Virginia, Anna M. Mcray

Master's Theses

Events thousands of miles away from Virginia have led to enhancements of the existing evacuation and emergency sheltering planning, highlighting the need to consider more than traditional special needs populations. Updated state-level plans specifically address the medical needs of evacuation populations. Pets were taken into consideration and inclusion of dogs, cats, and birds in traditional sheltering planning has begun. Planning began to address those with social needs such as low-income families who may not be able to evacuate until the final hours of an active evacuation. It became clear that there were specific populations that had not been included in …

A Suggested Model For Emergency Medical System Response During An Outbreak Of Human Pandemic Influenza, Ellen A. Black

Master's Theses

Predictions on infection rates for a possible outbreak of human pandemic influenza have officials in Public Health, Epidemiology, Public Safety, and other organizations developing plans on the federal, state, and local levels. These plans are outlining prevention, preparedness, and response during an outbreak, stressing interagency collaboration and contingencies for significant employee absenteeism rates for extended periods of time. However, Emergency Medical Service (EMS) providers will likely face a marked increase for calls for service to the community; and may be forced to provide service with a diminished workforce and additional duties not traditionally performed by their personnel. This Thesis examines …

Local Law Enforcement's Initial Role In Response To A Radiological Dispersion Device Attack, Andrew Robert Hoehl

Master's Theses

Today the potential exists for a terrorist organization to use a Radiological Dispersion Device or a dirty bomb within the United States. The results of such an attack could be catastrophic to the affected population. The response by law enforcement must be calculated and planned.

To properly analyze the law enforcement's role in a radioactive incident a qualitative approach was taken. A determination must be made prior to an attack to discern what kind of training will be necessary, what equipment will be required, and what response procedures need to be in place to ensure a safe and efficient response. …

The Tsa's New X-Ray Vision: The Fourth Amendment Implications Of Body-Scan Searches At Domestic Airport Security Checkpoints, Tobias W. Mock

Santa Clara Law Review

No abstract provided.

New Approach To Overcoming The Insurmountable Watershed Rule Exception To Teague's Collateral Review Killer, A, Ezra D. Landes

Missouri Law Review

This Article will propose a new approach to overcoming the seemingly insurmountable watershed rule exception. While a single case - such as Crawford or Blakely - may not rise to watershed status, this Article will suggest that a line of cases could be considered watershed. 8 It will be shown that the highly subjective nature of this exception lends itself perfectly to this type of reasoning, and that adoption of this approach would help reconcile some inherent conflicts encountered by the Court whenever Teague retroactivity comes before it. Part II of this Article will provide the necessary legal framework, by …

The Social-Obligation Norm In American Property Law, Gregory S. Alexander

Cornell Law Review

No abstract provided.

Defining The Contours Of United States V. Hensley: Limiting The Use Of Terry Stops For Completed Misdemeanors, Rachel S. Weiss

Cornell Law Review

No abstract provided.

A Frontier Justinian: An Introduction To The Life And Writings Of Harry Toulmin, Territorial Judge Of Mississippi And Alabama Legal History, Paul M. Pruitt Jr.

Articles

No abstract provided.

From “Preferred Position” To “Poor Relation:” History, Wilkie V. Robbins, And The Status Of Property Rights Under The Takings Clause, Michael B. Kent Jr.

Scholarly Works

This article discusses the status of constitutional property rights in light of the Supreme Court’s 2007 decision in Wilkie v. Robbins. In Wilkie, the Court rejected a property owner’s claim that he had been retaliated against by federal officials for exercising his right to resist an uncompensated taking of his property, notwithstanding its prior precedents recognizing similar claims in the context of other constitutional rights. This article suggests that Wilkie reveals an attitude among the Justices that property rights are less worthy of judicial protection than other rights guaranteed by the Constitution. Moreover, the article contrasts this attitude with that …

Bulletin: General Catalog Issue 2009-2010, Portland State University

Bulletin & Curriculum Change Documents

No abstract provided.

Leadership Behaviors In Cross-Boundary Information Sharing And Integration : Comparing The Us And China, Lei Zheng

Legacy Theses & Dissertations (2009 - 2024)

This study comprises a comparative analysis between the US and China regarding public sector leadership behaviors in the context of cross-boundary information sharing and integration. Based on the literature on leadership, public sector information sharing, and cross-cultural analysis, the research begins with an original case study in China set in the product safety and food safety policy domain. The case explores leadership behaviors of middle-level information leaders in the technological, organizational, and legal context of cross-boundary information sharing in this domain. Qualitative data were collected from in-depth interviews and government documents. The data were analyzed with an inductive approach to …

Explaining Torture And Its Reduction In A Police Department : A View From Below, Ahmet Guler

Legacy Theses & Dissertations (2009 - 2024)

This is an ethnographic study of police deviance and police reform. This study investigates how organizational members rationalize the torture they perpetuated in the past, how they explain their sensemaking process and organizational identity change during the change process using empirical data from a counterterrorism division of the metropolitan police department (MPD) in a prospective member state of the EU.

Changing The Subject: From Welfare To Poverty To A Living Income, Peter B. Edelman

Northwestern Journal of Law & Social Policy

No abstract provided.

Protecting Global Cities : New York, London, And The Internationalization Of Urban Counterterrorism, Brian H. Nussbaum

Legacy Theses & Dissertations (2009 - 2024)

This dissertation examines the impact of international terrorism on the policing (both the policing structures and policing strategies) of large globaized cities, with a focus on New York City and London. Combining historical analysis, secondary source material, and extensive interviews with police officials and officers, it seeks to examine the underlying structural constraints and resources that lead these cities to internationalize their counterterrorism efforts.

Refining The Nondelegation Doctrine In Light Of Real Id Act Section 102(C): Time To Stop Bulldozing Constitutional Barriers For A Border Fender, Bryan Clark

Catholic University Law Review

No abstract provided.

Sentencing "Cybersex Offenders": Individual Offenders Require Individualized Conditions When Courts Restrict Their Computer Use And Internet Access, Emily Brant

Catholic University Law Review

No abstract provided.

The Ultimate Disillusionment: The Need For Jury Trials In Juvenile Adjudications, Carl Rixey

Catholic University Law Review

No abstract provided.

Delinquent Of Distracted - Attention Deficit Disorder And The Construction Of The Juvenile Offender, Rashmi Goel

Minnesota Journal of Law & Inequality

No abstract provided.

Apco Project 25 Wireless Data Services Over Land Mobile Radio Channel For Smaller Law Enforcement Agencies, Ivan Elhart

Master's Theses and Capstones

Digital data messages are very important in modern communication systems and advanced mobile data technologies have opened the door to a wide range of applications and services in the public safety environment. Still, the availability of mobile data services among public safety agencies is hampered by two issues of the implementation of data communication: the reliability of commercial data services and the high cost of the equipment needed to support mixed voice and data transmissions over private land mobile radio channels.

This thesis describes the design and development of an inexpensive Software Defined APCO Project 25 Data Base Station that …

Environmental Law, Scott D. Deatherage, Brendan Lowrey, Chris Smith, Emily Miskel

SMU Law Review

No abstract provided.

Impact Of Terrorism On The Rule Of Law

The International Lawyer

No abstract provided.