Digital Commons Network^™

Categoricalism And Balancing In First And Second Amendment Analysis, Joseph Blocher

Faculty Scholarship

The least discussed element of District of Columbia v. Heller might ultimately be the most important: the battle between the majority and dissent over the use of categoricalism and balancing in the construction of constitutional doctrine. In Heller, Justice Scalia’s categoricalism essentially prevailed over Justice Breyer’s balancing approach. But as the opinion itself demonstrates, Second Amendment categoricalism raises extremely difficult and still-unanswered questions about how to draw and justify the lines between protected and unprotected “Arms,” people, and arms-bearing purposes. At least until balancing tests appear in Second Amendment doctrine—as they almost inevitably will—the future of the Amendment will depend …

Introduction Essay: International Law Implications Of The United States War On Terror, Ved P. Nanda

Denver Journal of International Law & Policy

No abstract provided.

Transnational Wiretaps And The Fourth Amendment, Kristopher A. Nelson

UC Law Constitutional Quarterly

The Fourth Amendment protects Americans within the borders of the United States, but its applicability outside American territory is less clear. This Note maintains that Fourth Amendment protections should cover wiretap evidence seized abroad, not just that gathered domestically. These protections should apply whenever a prosecutor seeks to admit such evidence in criminal prosecutions in the United States. Such protections are fundamental whenever the government acts to gather or use evidence, whether that evidence was obtained outside the territorial jurisdiction of the United States or not.

The practical application of these protections for evidence gathered abroad presents problems, however. For …

The Manly Sports: The Problematic Use Of Criminal Law To Regulate Sports Violence, Jeffrey Standen

Journal of Criminal Law and Criminology

No abstract provided.

Jennifer Ottens V. Nickolas Coleman And Dan Mcneil : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Educators Mutual Insurance Association V. Joel Evans : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE EDUCATORS MUTUAL INSURANCE ASSOCIATION

Educators Mutual Insurance, Association, A Non-Profit Corporation V. Joel Evans : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM SUMMARY JUDGMENTS (Trial Court Case No. 040924591) THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH

Ricky Angilau V. State Of Utah, Sheriff James M. Winter, And The Honorable Vernice Trease : Brief Of Amicus Curiae, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF AMICUS CURIAE, THE DIVISION OF JUVENILE JUSTICE SERVICES, A SUB-AGENCY OF THE DEPARTMENT OF HUMAN SERVICES APPEAL FROM AN ORDER OF THE THIRD JUDICIAL DISTRICT COURT FOR SALT LAKE COUNTY, STATE OF UTAH DISTRICT COURT CASE NUMBER 090903982

Privacy, Surveillance And The State: A Comparison Of U.S. And British Privacy Rights, Angelina Lander

Electronic Theses and Dissertations

This study investigates the effects of institutional structure on the privacy rights regimes in the United States and the United Kingdom, from 2000-2006. The goal of this research is to analyze how variation in the institutional arrangements across these two countries allowed for more or less protection of privacy rights for citizens. Domestic terrorist attacks during the time period represent a catalyst for changes in police and government surveillance activities. Veto points literature provides the framework for institutional comparison. The first part of the research provides a discussion of the historical evolution of privacy rights in both states, focusing on …

Protecting Gun Rights And Improving Gun Control After District Of Columbia V. Heller, Allen K. Rostron

Faculty Works

The Supreme Court’s decision in District of Columbia v. Heller, rejecting the narrow interpretation of the Second Amendment that most courts previously embraced, might seem to be a significant setback for gun control supporters and a major victory for gun rights advocates. Challenging that conventional wisdom, the author contends that Heller ultimately will help rather than hinder the push toward strong, sensible gun control laws. Justice Scalia’s opinion for the majority in Heller ultimately backs away from the most drastic implications of its reasoning and instead steers toward a more moderate approach under which virtually all existing gun laws should …

Adjusting The Role Of Chiropractors In The United States: Why Narrowing Chiropractor Scope Of Practice Statutes Will Protect Patients, Peter Morrison

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Adolescent Transfer, Developmental Maturity, And Adjudicative Competence: An Ethical And Justice Policy Inquiry , Brian G. Sellers, Bruce A. Arrigo

Journal of Criminal Law and Criminology

No abstract provided.

The Criminalization Of Poverty, Kaaryn Gustafson

Journal of Criminal Law and Criminology

No abstract provided.

Streamlining Nepa To Combat Global Climate Change: Heresy Or Necessity?, Irma S. Russell

Faculty Law Review Articles

This article discusses the impact of the National Environmental Policy Act (NEPA) on the development of noncarbon energy sources and raises the question of whether the NEPA process should be altered to bring clean power online faster. The article examines the ability of the market to respond to the call for rapid adaptation to climate change and for rapid development of noncarbon sources of energy, given the regulatory environment and existing regulatory treatment of NEPA processes. In addition, the article examines examples of current streamlining of the NEPA process in the energy arena. The author notes arguments for and against …

Dignity And Speech: The Regulation Of Hate Speech In A Democracy, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.

The Spirit Of Brown In Parents Involved And Beyond, Shron L. Browne, Elizabeth A. Yi

University of Miami Law Review

No abstract provided.

The Psychology Of Amber Alert: Unresolved Issues And Implications, Monica K. Miller, Timothy Griffin, Samantha S. Clinkinbeard, Rebecca M. Thomas

Criminology and Criminal Justice Faculty Publications

The AMBER alert system is likely affected by a number of psychological processes, yet remains understudied. The system assumes people will remember Alert information accurately and notify police, but psychological research on related phenomena (e.g., memory, willingness to help) indicates that people may not be able or willing to act in ways the promote the success of the system. In addition, the system is intended to deter child abductions, however, the system could prompt copycat crimes from perpetrators seeking publicity. The system could also cause a precipitation effect in which a perpetrator who sees the Alert could decide to murder …

2009 Legislative Briefing Book, Nevada Institute For Children’S Research And Policy, Unlv, School Of Public Health, The Children’S Advocacy Alliance, Southern Nevada Area Health Education Center, Denise Tanata Ashby, Amanda Haboush, Tara Phebus, Jennifer Waddoups

Nevada Institute for Children's Research and Policy Reports

The purpose of the Nevada Institute for Children’s Research and Policy (NICRP) Legislative Briefing Book is to provide a quick snapshot of some of the most pressing issues facing Nevada’s children in order to provide advocates and policymakers with a stepping stone in creating positive changes to improve the lives of Nevada’s children. While this book will not cover every issue facing our children, it is intended to highlight those of greatest concern, covering issues in education, health, safety and security, and the juvenile justice system. Diligent efforts need to be made during the 2009 Legislative Session to improve policies, …

Private Import Safety Regulation And Transnational New Governance, Errol E. Meidinger

Contributions to Books

Published as Chapter 12 in Import Safety: Regulatory Governance in the Global Economy, Cary Coglianese, Adam M. Finkel & David Zaring, eds.

This paper examines the role of ‘private’ (non-governmental) regulatory programs in assuring the safety of imported products. Focusing particularly on food safety it argues that private regulatory institutions have great capacity to control safety hazards and to implement dynamic systems for detecting and correcting nascent risks. However, to establish the accountability and legitimacy relationships necessary for long-term effectiveness, private safety regulatory programs must devise new ways of incorporating and responding to the interests of developing country producers, laborers, …

Modeling Scenes And Human Activities In Videos, Arslan Basharat

Electronic Theses and Dissertations

In this dissertation, we address the problem of understanding human activities in videos by developing a two-pronged approach: coarse level modeling of scene activities and fine level modeling of individual activities. At the coarse level, where the resolution of the video is low, we rely on person tracks. At the fine level, richer features are available to identify different parts of the human body, therefore we rely on the body joint tracks. There are three main goals of this dissertation: (1) identify unusual activities at the coarse level, (2) recognize different activities at the fine level, and (3) predict the …

Providing A Better Understanding For The Motorist Behavior Towards Signal Change, Noor Elmitiny

Electronic Theses and Dissertations

This research explores the red light running phenomena and offer a better understanding of the factors associated with it. The red light running is a type of traffic violation that can lead to angle crash and the most common counter measure is installing a red light running cameras. Red light running cameras some time can reduce the rates of red light running but because of the increased worry of the public towards crossing the intersection it can cause an increase in rear end crashes. Also the public opinion of the red light running cameras is that they are a revenue …

A Comment On Making Sustainable Land-Use Planning Work, Peter Pollock

University of Colorado Law Review

Many models exist for creating better communities: for example, smart growth, new urbanism, and sustainable development. City planners have at their disposal a number of model ordinances and policies that could help communities meet the challenges of climate change and looming changes in transport and energy supply. The problem is not the lack of tools, but other policy issues that stymie their effective application. The localized nature of community planning, the inability to overcome local opposition to redevelopment within existing city boundaries, the lack of rigor in assigning costs to new development, the local competition for taxes, and the legacy …

Synthesis Of Best Practices In Transportation Security, Volume Ii: Emergency Response, Rodrigo Vargas, Jon D. Fricker

JTRP Technical Reports

Part I of the research focused on developing a methodology to identify and evaluate the most critical and vulnerable INDOT assets. This method aims at obtaining an index that reflects the vulnerability and criticality of an asset on the basis of multiple performance criteria. This methodology was tested on the seven INDOT districts. Because not all the factors that influence the vulnerability do have same weight, the analytical hierarchical process is used to obtain the weights for the criteria. Countermeasures are suggested as a part of the research to reduce the vulnerability of a given asset based on its relevant …

Reconciling Classified Evidence And A Petitioner's Right To A "Meaningful Review" At Guantanamo Bay: A Legislative Solution, Sarah Lorr

Fordham Law Review

In Boumediene v. Bush, the U.S. Supreme Court determined that the detainees held at Guantánamo Bay have a constitutional right to a writ of habeas corpus and are entitled to a “meaningful review” of their habeas petitions. This Note attempts to reconcile the need for a “meaningful review” with the government’s reliance on classified evidence that is completely inaccessible to the detainee-petitioners. After examining three other contexts in which the reliance on classified evidence has been sanctioned—federal criminal courts, immigration cases, and the ongoing military commissions at Guantánamo—this Note concludes that a “meaningful review” of the Guantánamo habeas petitions requires …

Status Report: Inventory Of Investment Measures Taken Between November 2008 And June 2009, Organisation For Economic Co-Operation And Development (Oecd)

Documents

No abstract provided.

Feasibility Study: Consolidated Dispatch Center For Police, Fire And Ems Services, Daila Shimek, Ryan Foster, Holly Cooper, Kevin O'Brien, Claudette Robey, Caitlin Johnson

All Maxine Goodman Levin School of Urban Affairs Publications

This report provides an assessment of the feasibility of consolidation of public safety dispatch for 14 communities in Cuyahoga County, Ohio. The findings are that consolidation of dispatch services among the participating communities would reduce staffing costs by an estimated $1.7 million annually. Consolidation of services would reduce the duplication of services and redundant capital projects. Instead of the duplicate purchase of expensive equipment by several communities, the cost of large capital will be distributed over a larger base of beneficiaries. Centralization will reduce the physical blueprint of dispatch operations which in turn should reduce operating costs such as natural …

Florida's Regulation Of Child Exploitation: Senate Bill 1442, Laura R. Salpeter

Nova Law Review

No abstract provided.

Guideline For Handling Cases Involving Sexual Abuse Of A Minor By A Public School Teacher, Diana Santa Maria, Laura D. Dolin

Nova Law Review

No abstract provided.

Changing Florida's "Dazed And Confused" Past: How Recent Legislation Provides More Options For Sentencing Drug Addicted Offenders, Lindsay Timari

Nova Law Review

No abstract provided.

Rural Subdivision Planning In Missoula County, Montana: A Planner's Perspective, John Michael Newman

Graduate Student Theses, Dissertations, & Professional Papers

Missoula County, Montana, located in the western portion of the state along its border with Idaho, consists of the City of Missoula and a number of unincorporated population centers extending outward from the urban area. The former benefits from typical urban services and faces land use planning issues typical of city locales, including public transportation, brownfields and infill development, and enhancement of the urban core. The latter areas, by virtue of their rural nature, are the subject of an entirely different series of land use planning conversations. The unincorporated areas of the county, in towns such as Seeley Lake, Florence, …