Digital Commons Network^™

Arresting Development: A Call For North Carolina To Expand Its Forensic Database By Collecting Dna From Felony Arrestees, John Maddux

Campbell Law Review

For nearly twenty years, state and federal law enforcement agencies have turned to DNA databases as a means of identifying offenders, generating leads in cold cases, and on occasion, exonerating the innocent. Naturally, the larger the database, the more likely it is that a new DNA profile entered into the system will generate a match. Currently, fifty states maintain DNA databases, and of those, forty-seven-including North Carolina-collect and store DNA profiles from all persons convicted of any felony offense. Statutes requiring the collection of DNA profiles from convicts are a positive step toward improving the database tools; however, by only …

Making Sense Of Schaumburg: Seeking Coherence In First Amendment Charitable Solicitation Law, John D. Inazu

Scholarship@WashULaw

The Supreme Court shaped its approach to charitable solicitation in a trilogy of cases in the 1980s: Schaumburg v. Citizens for a Better Environment (1980), Secretary of State of Maryland v. Joseph H. Munson Co. (1984), and Riley v. National Federation of the Blind of North Carolina (1988). Owing largely to ambiguity surrounding the concepts of content analysis, tiered scrutiny, and commercial speech emerging during that era, the Court failed to articulate a coherent framework for evaluating regulations of charitable solicitation. The result has left the Court without a clear rationale for the value of charitable solicitation and lower courts …

The C.A.P. Effect: Racial Profiling In The Ice Criminal Alien Program, Trevor George Gardner, Aarti Kohli

Scholarship@WashULaw

The goal of the Criminal Alien Program (CAP) is to improve safety by promoting federal-local partnerships to target serious criminal offenders for deportation. Indeed, the U.S. Congress has made clear that Immigration and Customs Enforcement (ICE) “should have no greater immigration enforcement priority than to remove deportable aliens with serious criminal histories from the United States…” The Warren Institute’s analysis of arrest data pursuant to an ICE-local partnership in Irving, Texas demonstrates that ICE is not following Congress’ mandate to focus resources on the deportation of immigrants with serious criminal histories.

This study also shows that immediately after Irving, Texas …

Public Interest, Professional Bargains: Ethical Conflicts Between Lawyers And Professional Engineers, Elizabeth J. Hubertz

Scholarship@WashULaw

Environmental experts come from many fields, including biology, geosciences, ecology, chemistry, engineering, social science, and economics. Each discipline has its own set of norms, practices, ethics, guidelines, and procedures, which differ from those of the legal profession. Wherever the disciplines intersect, there is a potential for disagreement. This Article examines one such set of potential clashes — the conflict between a lawyer‘s duties of loyalty and confidentiality, and the engineer‘s paramount duty to the public health, safety, and welfare.

The Primary Prevention Of Sexual Violence Against Adolescents In Racine County And The Community Readiness Model, Theresa A. Dewalt

Dissertations (1934 -)

Sexual violence affects tens of thousands of people annually in the United States. The majority of sexual assault victims are under the age of 18. Victims of sexual violence often experience severe, long-lasting ramifications, including post-traumatic stress disorder, depression, anxiety, interpersonal problems, suicidal ideation, self-harm behaviors, and eating disorders. As a result of these effects, it is imperative that communities provide effective primary prevention of sexual violence programs. However, it is challenging to effectively implement sexual violence primary prevention strategies for a variety of reasons. One challenge is because it is difficult to construct a prevention program that changes the …

Tire Jockey Service, Inc. V. Commonwealth: If A Used Tired Falls Into Pennsylvania And No One Is There To Regulate It, Will The Courts Make A Sound, Michael D. Beck

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power

Faculty Scholarship

In the American constitutional system the sovereign has the power to enact “regulations which are necessary to the common good and general welfare.” But the Fifth Amendment to the United States Constitution proscribes that : “No person shall be . . . deprived of . . . property, without due process of law; nor shall private property be taken for public use, without just compensation.” And the question of whether a sovereign regulation has “taken” private property without just compensation has puzzled the United States Supreme Court for over two hundred years in over four hundred cases. This paper chronicles …

Towards A Public Human Tissue Trust, Martin Harvey

Case Western Reserve Law Review

No abstract provided.

How Does A Democratic Brazil Constrast With Authoritarian Brazil In Terms Of Promoting Human Security?, Pablo Albuquerque Banhos

Browse all Theses and Dissertations

This study compares and contrasts two distinct regimes, the Brazilian military regime (1964-1985) and Brazil's current democratic regime (1985-2007). The focus of this thesis is to determine why, compared to the authoritarian regime, human security has improved measurably under democracy in some areas but not in others. To assess this paradox, one variable has been chosen: the rule of law, specifically conceptualized as violations of physical integrity. This research centers on the metropolitan areas of São Paulo and Rio de Janeiro and is based on a qualitative examination supplemented by quantitative evidence. The study finds that violations of physical integrity …

The Cost Of A Countermeasure: The Expansive Liability Protection Of The Public Readiness And Emergency Preparedness Act Of 2005, Angela Marino

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Rules And Institutional Roles: The Fate Of The Equal Protection Class Of One And What It Means For Congressional Power To Enforce Constitutional Rights, William Araiza

Faculty Scholarship

No abstract provided.

For-Profit Philanthropy, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

International Law And Domestic Legitimacy: Remarks Prepared For Lincoln’S Constitutionalism In Time Of War: Lessons For The Current War On Terror?, Scott Sullivan

Journal Articles

No abstract provided.

Real Estate And Construction Industry Developments - 2009; Audit Risk Alerts, American Institute Of Certified Public Accountants

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Proportional Mens Rea, Stephen F. Smith

Journal Articles

This Essay makes the case for "proportional mens rea," a proportionality-based approach to mens rea selection. Proportional mens rea would provide proportionality safeguards that are otherwise entirely lacking in substantive criminal law and,as a practical matter, unavailable in constitutional law. Creating implied mens rea requirements, where necessary to ensure proportional punishment, is not a judicial usurpation of a legislative function. Rather, it is to take seriously the role that courts play, under both constitutional and substantive criminal law, to ensure that punishment "fits" the crime. Moreover, proportional mens rea would represent a needed counterweight to prosecutorial behavior whereas current doctrine …

Trawling Dna Databases For Partial Matches: What Is The Fbi Afraid Of?, David H. Kaye

Faculty Scholarship

DNA evidence is often presented as the “gold standard” for forensic science. But this was not always the case. For years, eminent scientists complained that the estimates of the tiny frequencies of DNA types were unfounded. It took scores of research papers, dozens of judicial opinions, and two committees of the National Academy of Sciences to resolve the dispute by the mid-1990s. Since 2000, however, reports have surfaced of shocking numbers of “partial matches” among samples within large DNA databases, and some scientists have complained that the infinitesimal figures used in court to estimate the probability of a random match …

Privacy And Public Health In The Information Age: Electronic Health Records And The Minnesota Health Records Act, Kari Bomash

Minnesota Journal of Law, Science & Technology

No abstract provided.

How States And Municipalities Can Retain The Power To Regulate Rail Carrier-Owned Solid Waste Transfer Facilities In The Context Of The Metro Enviro Transfer, Llc V. Village Of Croton-On-Hudson And Buffalo Southern Railroad, Inc. V. Village Of Croton-On-Hudson Decisions, Christina Hawkins

Pace Environmental Law Review

No abstract provided.

Europe And The 'Resolution Revolution': 'European' Legal Approaches To Privacy And Their Relevance For Space Remote Sensing Activities, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

English abstract: With the increasing general availability of very high resolution (VHR) satellite remote sensing data, issues of potential invasion of personal spheres of privacy will become ever more important. As of yet, there is no international law providing for a clear-cut regime balancing the freedom of information, including information gathering, with the rights of individual persons to remain free from interference with their privacy. The latter issues therefore essentially can be tackled only at a national level, with the obvious disadvantage that any regulation remains principally limited in scope to the national jurisdiction concerned.

Also at the European level …

Intraspecific Comparison Of Population Structure, Genetic Diversity, And Dispersal Among Three Subspecies Of Townsend’S Big-Eared Bats, Corynorhinus Townsendii Townsendii, C. T. Pallescens, And The Endangered C. T. Birginianus, Antoinette J. Piaggio, Kirk W. Navo, Craig W. Stihler

United States Department of Agriculture Wildlife Services: Staff Publications

Townsend’s big-eared bat, Corynorhinus townsendii, is distributed broadly across western North America and in two isolated, endangered populations in central and eastern United States. There are five subspecies of C. townsendii; C. t. pallescens, C. t. australis, C. t. townsendii, C. t. ingens, and C. t. virginianus with varying degrees of concern over the conservation status of each. The aim of this study was to use mitochondrial and microsatellite DNA data to examine genetic diversity, population differentiation, and dispersal of three C. townsendii subspecies. C. t. virginianus is found in isolated populations in the eastern United States and …

The Rules Of Engagement: German Women And British Occupiers, 1945–1949, Barbara Smith

Theses and Dissertations (Comprehensive)

This dissertation is a document based administrative study of the British occupation of Germany, 1945–49, and its impact on specific areas of the lives of German women who were living in the British zone. The study examines the effect of British occupation policy on the regulation of marriage, prostitution and venereal disease, and German women’s organizations. British occupation strategies were unique; although the British worked with the Americans on many levels they maintained separate policy approaches. The British brought their own social perspectives and systems to Germany and attempted to impose them on German social and civil procedures. German women …

Nonprofits And Narrative: Piers Plowman, Anthony Trollope, And Charities Law, Jill R. Horwitz

Articles

What are the narrative possibilities for understanding nonprofit law? Given the porous barriers between nonprofit law and the literature about it, there are many. Here I consider two. First, nonprofit law and nonprofit literature are each enriched and made fully explicable by reference to the other. Nonprofit law has grown in parallel with literature. It may even be that important legal texts, texts about doing and being good, were imported directly from literary sources into law. Second, in writings ranging from sensational journalism to high literature, nonprofit laws and the scandals involving their violations have captured the public imagination for …

No More Power To Imply: Gonzaga V. Doe And The Evisceration Of § 253(C) Of The Telecommunications Act, Josh Gajer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Convergence And Competition: Why A Duopoly Of Convergent Competitors Might Be Sufficient To Protect Broadband Consumers Without Regulation, Paul Shoning

Colorado Technology Law Journal

No abstract provided.

Spectrum Auctions And The Public Interest, Ellen P. Goodman

Colorado Technology Law Journal

No abstract provided.

Weaving The Navajo.Net, David B. Wilson

Colorado Technology Law Journal

No abstract provided.

Inadequacies Of The Humanitarian And Compassionate Procedure For Abused Immigrant Spouses, Heather Neufeld

Journal of Law and Social Policy

No abstract provided.

Lincoln And Habeas: Of Merryman And Milligan And Mccardle, John Hafetz

Chapman Law Review

No abstract provided.

Constitutional Intelligence: Restoring Politics In The War On Terror, Roger Pilon

Chapman Law Review

No abstract provided.

A Citizen's Guide To Protecting Sandown's Wetlands And Water Resources, Sandown Conservation Commission

PREP Reports & Publications

No abstract provided.