Digital Commons Network^™

Reshaping The Common Good In Times Of Public Health Emergencies: Validating Medical Triage, George P. Smith Ii

Scholarly Articles

Public health ethics require individuals who are inherently at risk for transmitting communicable disease to be subjected, oftentimes, to isolation, quarantine, or compulsory vaccination - all undertaken, as such, to protect the common good and thereby secure the public-at-law for exposure to the spread of an infectious disease.

This article tests the extent to which public health emergencies necessitate a reinterpretation or reshaping of the common good and proceeds to analyze the extent to which the medical principle of triage is a relevant construct for allocating scarce medical resources during contemporary public health emergencies. The article proceeds to test the …

Transitions To Justice: Prisoner Reentry As An Opportunity To Confront The Counteract Racism, Adrienne Lyles-Chockley

UC Law Journal of Race and Economic Justice

This article discusses the issues facing formerly incarcerated individuals upon reentry from prison into their communities, focusing primarily on the unique challenges faced by African-American males. The article first highlights the strong correlation between incarceration and race: People of color make up a disproportionate percentage of the U.S. prison population, are more likely to receive harsh prison sentences, and are less likely to be found eligible for parole. The article focuses specifically on the challenges facing African-American males as they exit prison and attempt to reenter a society where they will face institutional racism in multiple forms and on multiple …

San Fransisco Public Housing As An Avenue For Empowerment: The Case For Spirited Compliance With Tenant Participation Requirements, Nicole Schmidt

UC Law Journal of Race and Economic Justice

This note examines the spirit and letter of statutes aimed at improving the state of public housing in America, focusing on the realities of the San Francisco Housing Authority's jurisdiction. The Quality Housing and Work Responsibility Act of 1998 devolved responsibility for public housing administration to local housing authorities and in turn required that each jurisdiction submit an Annual Plan detailing all aspects of the local housing programs. In addition, the Act required that Resident Advisory Boards be established to gather information and concerns from tenants and present them to local authorities for consideration and comment. The vague language of …

Vol. 37, No. 4: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Evidence-Based Sentencing: The Application Of Principles Of Evidence Based Practice To State Sentencing Practice And Policy, Roger K. Warren

University of San Francisco Law Review

This Article examines these basic recidivism reduction principles of Evidence-Based Practice and the research on which they are based.

Are Fusion Centers Standardized To Effectively Communicate And Share Information?, Peter Hayes Lantz

Electronic Theses and Dissertations

No abstract provided.

Business Interruption &(And) Employer Liability In The Age Of Ice Raids, Tyler D. Bolden Esq.

South Carolina Journal of International Law and Business

No abstract provided.

Boumediene V. Bush: Justice Scalia’S Fear Of An Unfamiliar Race And Religion, Scott S. Allen Jr.

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Green Helmets: Eco-Intervention In The Twenty-First Century, Linda A. Malone

Faculty Publications

No abstract provided.

Managing Tsunami Risk: Social Context Influences On Preparedness, Douglas Paton, Bruce F. Houghton, Chris E. Gregg, David Mcivor, David M. Johnston, Petra Bürgelt, Penny Larin, Duane A. Gill, Liesel A. Ritchie, Steven Meinhold, Jennifer Horan

ETSU Faculty Works

This article describes the testing of a model that proposes that people's beliefs regarding the effectiveness of hazard preparedness interact with social context factors (community participation, collective efficacy, empowerment and trust) to influence levels of hazard preparedness. Using data obtained from people living in coastal communities in Alaska and Oregon that are susceptible to experiencing tsunami, structural equation modelling analyses confirmed the ability of the model to help account for differences in levels of tsunami preparedness. Analysis revealed that community members and civic agencies influence preparedness in ways that are independent of the information provided per se. The model suggests …

The Relative Effect Of Alternative Regulatory Actions: Benchmarks For The Compliance And Discipline Process In Different Jurisdictions And Occupations, Robert J. Mcatee

MPA/MPP/MPFM Capstone Projects

The compliance processes of many regulatory agencies have recently come under close scrutiny. The media have portrayed the compliance and discipline processes of many regulatory agencies as being inefficient and not timely in many instances. The Council of Licensure, Enforcement, and Regulation (CLEAR) intends to assist regulatory agencies to do their work in a more efficient and timely manner by providing them with adequate and helpful information.

In the spirit of CLEAR’s mission, a collaborative effort was embarked upon by CLEAR staff and leadership, professionals with experience in the compliance and discipline process along with myself to produce a survey …

Unaccountable? The United Nations, Emergency Powers, And The Rule Of Law, Simon Chesterman

Vanderbilt Journal of Transnational Law

For a body committed to the rule of law in theory, the applicability of the rule of law to the United Nations in practice remains oddly unclear. This Article will not consider the personal responsibility of UN officials, who generally enjoy personal or functional immunity from legal process in the territories where they work. Rather the focus of this Article is on the quasi-constitutional question of the liability of the organization itself. As the United Nations has assumed more state-like functions-in particular through the coercive activities of its Security Council--the question of what limits exist on the powers thus exercised …

University Reporter - Volume 13, Number 05 - January 2009

1996-2009, University Reporter

This issue of the University Reporter features, among others, articles about energy-saving efforts, the University's entrepreneur-inresidence Dan Phillips and his role in student mentoring and the newly established Venture Development Center, and a UMass Boston initiative, in partnership with the Harvard School of Public Health (HSPH) and the Cherishing Our Hearts and Souls Coalition (COHS) of Roxbury, to reduce socioeconomically-based health disparities.

It’S Doom Alone That Counts: Can International Human Rights Law Be An Effective Source Of Rights In Correctional Conditions Litigation?, Michael L. Perlin, Henry A. Dlugacz

Articles & Chapters

Over the past three decades, the US judiciary has grown increasingly less receptive to claims by convicted felons about the conditions of their confinement while in prison. Although courts have not articulated a return to the 'hands off' policy of the 1950s, it is clear that it has become significantly more difficult for prisoners to prevail in constitutional correctional litigation. The passage and aggressive implementation ofthe Prison Litigation Reform Act has been a powerful disincentive to such litigation in many areas ofprisoners' rights law.

From the perspective of the prisoner, the legal landscape is more hopeful in matters that relate …

Federal Regulation Of Fios And Lightspeed: A Tale Of Two Jurisdictional Dilemmas, Michael Botein

Articles & Chapters

No abstract provided.

Cops, Robbers, And Search Engines: The Questionable Role Of Criminal Law In Contributory Infringement Doctrine, Mark Bartholomew

Journal Articles

Online technologies have created a new litigation locus for intellectual property rights holders, one that targets intermediaries, not direct infringers. This unprecedented litigation strategy has put sudden pressure on the courts to evaluate the liability of indirect infringers. Without a developed body of precedent at their disposal, judges have resorted to analogies from the criminal law of accomplice liability to set the boundaries of contributory infringement. Does it make sense for intellectual property regulation to depend on the same principles that animate criminal law? This Article maintains that it would be a mistake to remake contributory infringement law in criminal …

Proportional Deportation, Angela M. Banks

Faculty Publications

No abstract provided.

Understanding The Nd Parole Violator, Josh Bearfield

Theses and Dissertations

No abstract provided.

Constitution And The Laws Of War During The Civil War, The Federal Courts, Practice & Procedure, Andrew Kent

Faculty Scholarship

This Article uncovers the forgotten complex of relationships between the U.S. Constitution, citizenship and the laws of war. The Supreme Court today believes that both noncitizens and citizens who are military enemies in a congressionally-authorized war are entitled to judicially-enforceable rights under the Constitution. The older view was that the U.S. government’s military actions against noncitizen enemies were not limited by the Constitution, but only by the international laws of war. On the other hand, in the antebellum period, the prevailing view was U.S. citizenship should carry with it protection from ever being treated as a military enemy under the …

Bad Medicine: On Disciplining Physician Felons, Milton Heumann, Brian Pinaire, Simon Burger

Cardozo Journal of Conflict Resolution

Perhaps it is the white coat or the degrees encased and mounted on the wall. Perhaps it is the Hippocratic Oath that new physicians recite and that established physicians have putatively internalized over time, or perhaps it is the title, "Doctor," which conjures up images of a stethoscope, a black bag, house calls, nurture, and trust. When we are sick, we head to the doctor. Young children are urged to become doctors. When we watch television or go to the movies doctors are, with certain recent exceptions, portrayed in a positive light as compared to lawyers or politicians. In this …

Reconciling People And Place In Housing And Community Development Policy Essay, Nestor M. Davidson

Faculty Scholarship

In housing and community development theory, scholars have long debated tensions between place-based policies and those that focus on fostering mobility. In practice, this is a false dichotomy and this essay explores ways in which place-based policies change the calculus of mobility, while mobility policies deeply shape both the communities people seek and those they leave behind.

Reforming Eyewitness Identification Law And Practices To Protect The Innocent, Margery Koosed

Akron Law Faculty Publications

This article discusses varying eyewitness identification reform proposals that may help to finally achieve a greater level of reliability in this critical phase of the criminal justice process. The author concludes a comprehensive reform that includes tightening exclusionary rules, along with (minimally) corroboration requirements for death-sentencing, and more appropriately, for convictions in capital and non-capital cases, with a concomitant loosening of standards for relief on appeal, hold the most promise.

The article addresses adopting best practices; assuring compliance by means of exclusion; admitting expert testimony and educating juries; instructing on the vagaries of eyewitness identification; requiring corroboration with independent and …

Constitution On Ice: A Report On Immigration Home Raid Operations, Bess Chiu, Lynly Egyes, Peter L. Markowitz, Jaya Vasandani

Articles

No abstract provided.

Studying The Impacts Of Primary Incidents On Freeways To Identify Secondary Incidents, Rohit Reddy Saddi

UNLV Theses, Dissertations, Professional Papers, and Capstones

Freeway incidents are associated with different impacts such as traffic congestion, delays, fuel consumption, secondary incidents etc. Secondary incidents are caused due to primary incidents and require the same personnel who are already engaged. This thesis studies various impacts caused by primary incident in space and time occurring on the freeways and these results are applied to identify secondary incidents. Three types of impacts are identified and proposed in this study. Dynamic nature of queue length in the direction of accident is studied. Dynamic nature of congestion in the opposite direction of the freeway till the accident is cleared is …

A Downwind View Of The Cathedral: Using Rule Four To Allocate Wind Rights, Troy A. Rule

Faculty Publications

The rapid pace of U.S. wind energy development is generating a growing number of conflicts over competing wind rights. The “wake” of a commercial wind turbine creates turbulence and unsteady wind flow that can reduce the productivity of other wind turbines situated downwind. Existing law is unclear as to whether a landowner who installs a wind turbine on its property is liable for the lost productivity of a downwind neighbor’s turbine resulting from such wake effects. Legal uncertainty as to how competing wind rights are shared among neighbors can induce wind energy developers to abandon otherwise lucrative turbine sites situated …

Does "Proceeds" Really Mean "Net Profits"? The Supreme Court's Efforts To Diminish The Utility Of The Federal Money Laundering Statute, Jimmy Gurulé

Journal Articles

The Supreme Court’s decision in United States v. Santos is severely hampers the fight against drug traffickers, terrorists, mobsters and white collar criminals. It restricts the scope of the money laundering statute, defining the term “proceeds” in it as net profits, not gross receipts from unlawful activity. This imposes an unreasonable and unwarranted burden on prosecutors to prove net criminal profits, money acquired beyond the defendant’s overhead expenses from unlawful activities. The court’s holding also restricts other provisions of the money laundering statute, such as the concealment theory of money laundering, and it creates confusion over whether the Court’s restrictive …

Book Review: Rethinking Juvenile Justice, By Elizabeth S. Scott And Laurence Steinberg, Glenn M. Stuart

Osgoode Hall Law Journal

No abstract provided.

District Of Columbia V. Heller: Failing To Establish A Standard For The Future, Lindsay Goldberg

Maryland Law Review

No abstract provided.

A Primer On North Carolina And Federal Use Of Force Law: Trends In Fourth Amendment Doctrine, Qualified Immunity, And State Law Issues, J. Michael Mcguinness

Campbell Law Review

This Article analyzes recent trends and updates the status of use of force law under North Carolina and federal standards.

Why Affirmative Action Remains Essential In The Age Of Obama, Reginald T. Shuford

Campbell Law Review

No abstract provided.