Digital Commons Network^™

College Of Allied Health And Nursing Student Handbook 2009-2010, Nova Southeastern University

Health Professions Divisions Course Catalogs and Course Descriptions

No abstract provided.

Wartime America And The Wire: A Response To Posner’S Post-9/11 Constitutional Framework, Dawinder S. Sidhu

Faculty Scholarship

This article challenges Not a Suicide Pact by using a single component of practical experience that has factored into legal reasoning: television. In particular, it will invoke various themes from The Wire—an HBO series that explores the relationship between the drug trade and law enforcement in Baltimore, Maryland—to demonstrate the problematic nature of the aforementioned arguments set forth in Posner’s book.

Crises, Congress, And Cognitive Biases: A Critical Examination Of Food And Drug Legislation In The United States, Sharon B. Jacobs

Publications

No abstract provided.

Constitutional Law - Recent Developments In Wyoming's Reasonableness Requirement Applied To The Search Incident To Arrest Exceptions; Holman V. State, 183 P.3d 368 (Wyo. 2008), Maryt L. Fredrickson

Wyoming Law Review

No abstract provided.

Ending A Decade Of Federal Prosecutorial Abuse In The Corporate Criminal Charging Decision, Dane C. Ball, Daniel E. Bolia

Wyoming Law Review

No abstract provided.

Terrorist Detention: Directions For Reform, Benjamin Priester

Journal Publications

Counterterrorism efforts by the U.S. government since 2001 have produced numerous legal controversies. One of the most controversial subjects has been the detention of individuals allegedly involved with terrorist organizations or activities. Unlike traditional criminal detainees, such persons are not held pursuant to indictment on charges pending trial or to a verdict of conviction. Unlike traditional military detainees, they are not battlefield captives from combat in a war zone against the military forces of another nation. Rather, terrorist detainees are held based on the individual's alleged connections to terrorist organizations and activities, without more. Terrorist detention, so defined, is an …

Cease Fire: Win-Win Strategy On Gun Policy For The Obama Administration, Allen K. Rostron

Faculty Works

Amidst all the economic trouble, one industry has reason to celebrate. Sales of firearms increased significantly before the 2008 election, driven by fears that as President Barrack Obama would bring tighter restrictions on guns. The FBI reported that almost fifty percent more background checks were conducted in the first week of November 2008 compared to the same week in 2007.

While generating a surge for the gun industry, the 2008 elections may have a more significant effect on policy issues surrounding guns. After several years of momentum in favor of the National Rifle Association (NRA), the 2008 election favored gun …

Politicking From The Pulpit: An Analysis Of The Irs’S Current Section 501(C)(3) Enforcement Efforts And How It Is Costing America, Stephanie A. Bruch

Saint Louis University Law Journal

No abstract provided.

Scaling Waller: How Courts Have Eroded The Sixth Amendment Public Trial Right, Daniel Levitas

Emory Law Journal

American courts and legal commentators have long praised the Sixth Amendment public trial right, but courts often lack the willingness to enforce it. Although the Supreme Court has consistently held that violations of the public trial right belong to an exceedingly small class of constitutional errors requiring reversal, appellate courts persist in upholding improper courtroom closures even when the record shows that courts below have violated the applicable constitutional standard. When criminal trials are fatally fouled by structural, constitutional error of this kind, the reluctance of appellate courts to reverse is damaging in two ways¿it encourages repetition of the same …

Hiding Behind The Corporate Veil: A Guide For Non-Profit Corporations With For-Profit Subsidiaries, Seong J. Kim

UC Law Business Journal

The non-profit sector is ripe for abuse due to non-profit organizations' unique regulatory positions, favorable tax treatment, and potential to earn large profits. For example, private foundations have become large repositories of untaxed wealth that accumulate great economic power. Additionally, dozens of non-profit directors and executives are also officers of outside companies that engage in business activities with non-profit organizations. This article addresses an emerging and complex problem surrounding non-profit corporations: whether or not a party should be able to pierce the corporate veil of a non-profit corporation for actions of their for-profit subsidiary. It also looks at the underlying …

Deliberative Democracy At The Local Level, Tony Derosa

Honors Theses

This thesis addresses the role that deliberative democracy can play in local politics. Deliberative democracy is a theory that posits discourse among free and equal citizens as a route to better public policy outcomes, a more just society, the fostering of social capital, and the cultivation of civic virtues. While both liberals and civic republicans have endorsed the theory, it stands in direct contrast to the economic theory of democracy. This view equates citizens to consumers, whose private preferences are to be aggregated by the political system. Votes are the equivalent of capital in the market, according to the economic …

Travis Turner V. Lone Peak Public Safety District : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a Decision of the Lone Peak Public Safety District Employee Appeals Board

Schools, Mandates, And Money: Education In The 2009 Session Of The Virginia General Assembly, Angela A. Ciolf, Sarah A. Geddes

Richmond Journal of Law and the Public Interest

This article will recount the development of this year's revisions to the 2008-2010 budget, examine the long-term implications of budgetary decisions affecting public education, and review notable pieces of substantive education legislation. It will also highlight the major features of the new Standards of Accreditation-implementing graduation rate accountability-and special education regulations. Finally, this article will offer a framework for analyzing the critical education-funding decisions likely to come before the 2010 General Assembly as Virginia continues to feel the effects of a global economic crisis.

A View Through The Gun Show Loophole, Andrew Goddard

Richmond Journal of Law and the Public Interest

The term "Gun Show Loophole" came about as a result of the passage of the Firearm Owners Protection Act of 19861 and the Brady Handgun Violence Prevention Act of 1993. These laws effectively created a dual standard for gun sales based on the federal license status of the seller. The Brady Act mandated that licensed gun dealers must conduct criminal background checks on potential buyers regardless of whether the sale takes place at the dealer's store or at a gun show, whereas the Firearm Owners Protection Act expressly exempted "persons making occasional sales or selling all or part of a …

Lowering The Bar: In Re Van Orden And The Constitutionality Of The 2006 Amendments To Missouri's Sexually Violent Predator Act, Lauren Standlee

Richmond Journal of Law and the Public Interest

Given the public's fear and anxiety regarding sex offenders, especially those who target children, society is predisposed to lock them up and throw away the key. To avoid reproach, however, our society must trust in our judicial processes and involuntarily commit only those who are found to be sexually violent predators beyond a reasonable doubt. Furthermore, the judicial system must unconditionally release sexually violent predators when they are deemed to no longer pose a danger to themselves or to others. The methods by which our society commits and holds such individuals implicate not only their behavior but also our own, …

Changing Tides: A Lesser Expectation Of Privacy In A Post 9/11 World, Derek M. Alphran

Richmond Journal of Law and the Public Interest

In sum, the Court has in recent years balanced the degree of government intrusion of the individual or place searched against the government's need for the search. This article addresses some of the questions posed by the evolution of the Fourth Amendment doctrine in light of terrorist concerns since 9/11. Part II will address the history of Fourth Amendment jurisprudence, from the Boyd Era of property protection and the use of general warrants to discover evidence of crime, to Olmstead and the development of the right of privacy under the Fourth Amendment. Part III will address the modern test under …

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

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

State Of Utah V. Ricky Angilau : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

This is the reply brief of the appellant, Ricky Angilau, in his interlocutory appeal from the trial court's order upholding the constitutionality of the direct file statute, entered in the Third District Court in and for Salt Lake County, State of Utah, the Honorable Vernice Trease presiding.

Gordie News, January 2009, West Chester University Of Pennsylvania

Gordon Natural Area History & Strategic Plan Documents

No abstract provided.

Gordon Natural Area (Gna) - (2009) - An Ecological Treasure Island In A Sea Of Development, Gerard Hertel

Gordon Natural Area History & Strategic Plan Documents

No abstract provided.

Hydrogen Applications For Lambert - St. Louis International Airport, Mathew Thomas

Masters Theses

"Today, major airports are facing challenges related to pollution, energy efficiency, and safety and security. Hydrogen and fuel cell technologies, regarded as one of the key energy solutions of the 21st century are more energy efficient and reliable than conventional systems and have the potential to diminish these challenges. These technologies can also play a significant role in reducing the noise, air, and water pollution and enhancing energy security. This paper presents the design of a set of hydrogen technologies and systems that are commercially available and are ready for practical, real-world use. The hydrogen applications selected for Lambert-St. Louis …

Travis Turner V. Lone Peak Public Safety District : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

PETITION FOR REVIEW OF AGENCY ACTION of the Lone Peak Public Safety District

This Right Is Not Allowed By Governments That Are Afraid Of The People: The Public Meaning Of The Second Amendment When The Fourteenth Amendment Was Ratified , Clayton E. Cramer, Nicholas J. Johnson, George A. Moscary

Faculty Scholarship

The lingering question following the U.S. Supreme Court's decision in District of Columbia v. Heller is whether the Court will employ the Fourteenth Amendment to incorporate the newly confirmed right to keep and bear arms as a limitation on states. The answer will hinge substantially on the Court's assessment of the intent and purpose of the Fourteenth Amendment with regard to the right to keep and bear arms. Discerning such intent requires detailed evaluation of the context within which the amendment emerged and the understanding of the right to keep and bear arms at the time. This Essay pursues in …

Dilemmas Of Cultural Legality: A Comment On Roger Cotterrell's 'The Struggle For Law' And A Criticism Of The House Of Lords' Opinions In Begum, John Mikhail

Georgetown Law Faculty Publications and Other Works

In “The Struggle for Law: Some Dilemmas of Cultural Legality,” Professor Roger Cotterrell argues that the law’s most distinctive aspiration is to promote a respectful exchange of ideas among different parts of a multicultural society. He illustrates his thesis with the House of Lords’ decision in Begum, describing it as “a relatively successful contribution to the process by which battlefields of rights are turned into areas of routine structuring” and finding much to admire in the messages communicated by the Lords in this case. I am more troubled by the Lords’ opinions in Begum and less convinced than Cotterrell seems …

Empirical Health Law Scholarship: The State Of The Field, Michelle M. Mello, Kathryn Zeiler

Georgetown Law Faculty Publications and Other Works

The last three decades have seen the blossoming of the fields of health law and empirical legal studies and their intersection--empirical scholarship in health law and policy. Researchers in legal academia and other settings have conducted hundreds of studies using data to estimate the effects of health law on accident rates, health outcomes, health care utilization, and costs, as well as other outcome variables. Yet the emerging field of empirical health law faces significant challenges--practical, methodological, and political.

The purpose of this Article is to survey the current state of the field by describing commonly used methods, analyzing enabling and …

Synthesis Of Best Practices In Transportation Security, Volume I: Vulnerability Assessment, Haritha Reddy Venna, 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 …

From Baghdad To Bagram: The Length & Strength Of The Suspension Clause After Boumediene, Justin D. D'Aloia

Fordham International Law Journal

This is a predictive Note that will examine the doctrine relating to war-time detention and endeavor to decipher who currently maintains a right to challenge executive detention in the wake of Boumediene. This Note therefore does not centrally discuss the authority of the United States to detain wartime prisoners, what procedure is due to detainees, the wisdom of the Boumediene approach to constitutional domain, or any other related issues. Instead, this Note will attempt to define the outer contours of the Suspension Clause by looking through the Boumediene prism to determine who may presently invoke the protections of the Suspension …

Navigating The Gaze: Young People's Intimate Knowledge With Surveilled Spaces At School, Patricia Krueger

Dissertations, Theses, and Capstone Projects

The 1980s introduced numerous state and federal policies that created a similar ideology of discipline and punishment in the educational system and the criminal justice system, a phenomenon known today as the school-to-prison pipeline. Several critical elements are involved in the production and maintenance of the school-to-prison pipeline, such as zero tolerance regulations, surveillance technologies, and strengthened in-school discipline practices. In this dissertation I argue that these elements of the pipeline maintain a strong presence and occupy the physical spaces of public schools. Moreover, surveillance cameras and police officers are most often installed in the cities' most under-resourced public schools, …

A Few Good Women: Break Through Roles In Three War Plays, Bobby Ellis Pelts

Honors Theses

A Few Good Women: Break Through Roles in Three War Plays (Under the direction of Colby Kullman)

This thesis explores the roles played by women in three war plays: Lysistrata by Aristophanes, Mother Courage and Her Children by Bertolt Brecht, and A Piece ofMy Heart by Shirley Lauro. The thesis describes the ways in which the characters of each of these plays defy traditional social expectations of women in wartime. These characters challenge the ideals of femininity and "proper" behavior while defying the typical roles of wife, mother, and nurse in war. The thesis argues that the context of war …

Death Penalty Appeals And Habeas Proceedings: The California Experience, Gerald F. Uelmen

Marquette Law Review

The administration of the death penalty has become completely dysfunctional in California, to use the words of California Chief Justice Ronald M. George. The California Supreme Court is overwhelmed with a backlog of 80 fully briefed death appeals, and 100 fully briefed habeas petitions. California has the longest delays in the county, with 20-24 years elapsing between sentence and execution. With the longest death row in the county (680+), the chief cause of death on death row is death by natural causes, followed by suicide. California has had 13 executions since the death penalty was restored in 1978. The current …