Digital Commons Network^™

State Of Utah V. Ricky Angilau : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This is the opening 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.

Ignorance Is Effectively Bliss: Collateral Consequences, Silence, And Misinformation In The Guilty-Plea Process, Jenny Roberts

Hofstra Law Faculty Scholarship

In the 2009-2010 term, the U.S. Supreme Court will decide if it matters whether a criminal defense lawyer correctly counsels a client about the fact that the client faces deportation as a result of a guilty plea. Under prevailing constitutional norms in almost every jurisdiction, a lawyer does not have a duty to tell her client about many serious but "collateral" consequences of a guilty plea. Yet, in every jurisdiction that has considered the issue, that very same lawyer will run afoul of her duties if she affirmatively misrepresents a collateral consequence-every jurisdiction, that is, except Kentucky. The Supreme Court …

Tillich And King On Love And Justice And The Significance For Models Of Restorative Justice, Jonathan Rothchild

Theological Studies Faculty Works

No abstract provided.

Occupational Stress, Dietary Self-Efficacy, Eating Habits And Body Composition In Police Officers, Rebecca Witten Grizzle

All ETDs from UAB

Obesity is a paramount public health threat in the U.S. as approximately twothirds of the adult population is overweight. Police officers have an even higher prevalence of overweight and obesity and other cardiovascular risk factors. Police officers often attribute their above average cardiovascular disease risk to shift work, jobrelated stress, and poor dietary habits while working. Occupational stress is a major concern among police officers. Therefore, it is important to understand the relationships among occupational stress, obesity, and diet habits. However, few research studies have characterized these relationships in police officers. The specific aims of this study were to determine …

Communicator, Winter 2009, Wnec Alumni Association

Alumni Magazines

No abstract provided.

Rough Seas Ahead: Confronting Property Doctrines To Jumpstart Wave Energy, Rachael E. Salcido

McGeorge School of Law Scholarly Articles

No abstract provided.

The Truth About Torts: Rethinking Regulatory Preemption And Its Impact On Public Health, William Buzbee, William Funk, Thomas Mcgarity, Nina A. Mendelson, Sidney Shapiro, David Vladeck, Matthew Shudtz

Other Publications

As consumers, we assume that the automobiles, pharmaceuticals, medical devices, and other products we purchase are generally safe for their intended uses. We rely on manufacturers to design and produce safe products, and we assume that federal regulators are conscientious watchdogs of the marketplace. In most instances, our assumptions are valid and we safely go about our lives. But the regulatory system is now frayed to the point that dangerous products sometimes slip through the cracks. Vioxx, Firestone/ATX tires, and toxics-laden children’s toys have endangered and harmed millions. In these cases, society depends on the state courts as a venue …

Miranda V. Arizona, Yale Kamisar

Other Publications

384 U.S. 436 (1966), argued 28 Feb. 1966, decided 13 June 1966 by vote of 5 to 4; Warren for the Court, Clark, Harlan, White, and Stewart in dissent. The Warren Court's revolution in American criminal procedure reached its high point (or, depending upon one's perspective, its low point) on 13 June 1966. That day the Court handed down its opinion in Miranda, the most famous, and most bitterly criticized, confession case in the nation's history. To some, Miranda symbolized the legal system's determination to treat even the lowliest and most despicable criminal suspect with dignity and respect. But …

Before The Verdict And Beyond The Verdict: The Csi Infection Within Modern Criminal Jury Trials, Tamara F. Lawson

Articles

In criminal law, the term “CSI Effect” commonly refers to the perceived impact the CSI television show has on juror expectation and unexpected jury verdicts. This article coins a new phrase, “CSI Infection,” by focusing on the significant legal impact that the fear of “CSI Infected Jurors” has made upon the criminal justice system. The CSI Infection is the ubiquitous “It” factor that scholars cannot conclusively prove nor effectively explain away; however, practitioners overwhelmingly confirm the CSI Effect’s impact on criminal jury trials. The CSI Effect’s existence, the CSI Effect’s true or perceived impact on acquittals and convictions, and how …

Gaming Goldmines Grow Green: Limited Gaming, Good Faith Negotiations, And The Economic Impact Of The Indian Gaming Regulatory Act In South Dakota, Brooke Delores Swier

South Dakota Law Review

No abstract provided.

A Compatibilist Theory Of Justice And Desert, Matthew John Cutler

Master's Theses and Capstones

This thesis argues against the asymmetry of desert observed across theories of distribution and retribution. While distributive theories have downplayed the significance of desert, retributive theories have outwardly embraced the role of desert in punishment. At the heart of this imbalance rests an unresolved tension between determinism and freedom. In the interest of bringing symmetry to theories of justice, this thesis reconciles determinism and freedom as two compatible notions of human actions and traits.

Additionally, this thesis argues for an increase in opportunities afforded to the least advantaged in order to balance punishments and benefits. This position stems from an …

Heller High Water? The Future Of Originalism, Jamal Greene

Faculty Scholarship

Has originalism won? It's easy to think so, judging from some of the reaction to the Supreme Court's recent decision in District of Columbia v. Heller. The Heller Court held that the District of Columbia could neither ban possession of handguns nor require that all other firearms be either unloaded and disassembled or guarded by a trigger lock. In finding for the first time in the Court's history that a gun control law violated the Second Amendment, Justice Scalia's opinion for the 5-4 majority appeared to be a sterling exemplar of originalism, the method of constitutional interpretation that he …

Police And National Security: American Local Law Enforcement And Counter-Terrorism After 9/11, Matthew C. Waxman

Faculty Scholarship

This article examines three national security law challenges resulting from greater involvement of state and local police agencies in protecting national security, especially in combating terrorism: organizational challenges, accountability challenges, and institutional tensions with traditional local police functions. Each threatens the balance of security and civil liberties.

Job Related Stress And The Ability To Transition Among Life Roles For Police Officers, Stacy Dawn Seay

Master's Theses

No abstract provided.

Police Violence In Brazil, Kyra Moon

Human Rights & Human Welfare

“This was just the beginning. They want war, and they‟ll get war. The problem of trafficking will only be resolved with blood. It is the only language they understand.” This was the response of Mario Azevedo, chief delegate of the 21st police precinct in the Bonsucsso neighborhood in Rio de Janeiro, after drug traffickers killed three police officers. Three days after that assault, one hundred and twenty heavily armed police officers stormed into the Nova Brasilia favela (the Brazilian term for slum or shantytown) and killed thirteen residents, four of which were minors. Press reports initially described this incident in …

The Method And Role Of Comparative Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

To License Or Not To License Revisited: An Examination Of State Statutes Regarding Private Investigators And Digital Examiners, Thomas Lonardo, Doug White, Alan Rea

Journal of Digital Forensics, Security and Law

In this update to the previous year's study, the authors examine statutes that regulate, license, and enforce investigative functions in each US state. After identification and review of Private Investigator licensing requirements, the authors find that very few state statutes explicitly differentiate between Private Investigators and Digital Examiners. After contacting all state agencies the authors present a distinct grouping organizing state approaches to professional Digital Examiner licensing. The authors conclude that states must differentiate between Private Investigator and Digital Examiner licensing requirements and oversight.

Confronting The State Budget And Establishing Quality-Of-Life Benchmarks In Illinois: Results And Analysis Of The Paul Simon Public Policy Institute 2008 Statewide Poll, Charles W. Leonard

The Simon Review (Occasional Papers of the Paul Simon Public Policy Institute)

In Fall 2008, The Paul Simon Public Policy Institute at Southern Illinois University Carbondale conducted its first statewide public opinion survey since 2004. Topics included the general direction of the country, the state, and respondents’ respective areas of the state; benchmark quality of life measures for education, public safety, the environment, and the economy; opinions on important public issues, such as a proposal to amend the Illinois Constitution to allow recall of statewide elected officials and the proposed Constitutional Convention; and opinions on judicial selection issues in the state. By far the most newsworthy section of the survey, released October …

Modifying The Religious Land Use And Institutionalized Persons Act To Create A Constitutional Statutory Protection For Religious Landowners, Sara Witt

Case Western Reserve Law Review

No abstract provided.

Revocation Of Police Officer Certification: A Viable Remedy For Police Misconduct?, Roger L. Goldman, Steven Purro

All Faculty Scholarship

We take it as a given that any profession or occupation, which involves interaction with the public, will be regulated by a state agency. Accountants, architects, attorneys, barbers, cosmeticians, dentists, etc. are all required to undergo training, meet selection standards and, if they seriously misbehave, they will have their licenses or certificates revoked by the board or commission which regulates that profession. Until fairly recently, there was no license or professional certificate issued by a state agency for law enforcement officers. That meant that an officer, who had successfully completed his police academy training and received a diploma, could be …

Responding To Disruptive Or Threatening Student Behavior: A Guide For Faculty (Draft), Georgia Southern University

Faculty Senate: Index

No abstract provided.

Critical Infrastructure Protection Status And Action Items Of Turkey, Bilge Karabacak, Sevgi Ozkan

All Faculty and Staff Scholarship

Critical infrastructures are the physical and virtual systems essential to the minimum operations of the economy and the government. Critical Infrastructure Protection (CIP) is a critical agenda item for governments in the developed countries. In these countries, policies and procedures on CIP are already in place and required laws are in action as well. In Turkey, some official introductory studies have been performed in 2009. However, there are a number of steps that Turkey still has to take. In this study, key definitions are provided firstly. After the definitions, the efforts of USA, EU, OECD and NATO are summarized. The …

Introduction , Amanda C. Dupree

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Ricci Glitch? The Unexpected Appearance Of Transferred Intent In Title Vii, Kerri Lynn Stone

Faculty Publications

In the case of Ricci v. DeStefano, the Supreme Court officially opened the door to what this Article identifies as a theory of “transferred intent” jurisprudence under Title VII. The principle of transferred intent, borrowed from tort and criminal law, has never before been seen as factoring into Title VII antidiscrimination jurisprudence. In Ricci, the Supreme Court assumed that a city’s refusal to promote firefighters qualifying for promotion based on exams that appeared to disproportionately screen out members of minority groups amounted to deliberate discrimination, irrespective of their individual races or whether their individual races were actually taken into account. …

Balancing Law Student Privacy Interests And Progressive Pedagogy: Dispelling The Myth That Ferpa Prohibits Cutting-Edge Academic Support Methodologies, Louis N. Schulze Jr.

Faculty Publications

Controversy exists over whether the Family Education Records Privacy Act prohibits certain progressive law school academic support methodologies. This Article analyzes these claims, using the text of the statute, the related regulations, case law from the Supreme Court of the United States and other federal courts, and statements from the Department of Education. The thesis of this Article is that most academic support methods are perfectly lawful and that FERPA and progressive pedagogy can peaceably coexist.

The Campus Crime And Security Report, V. 13 (Fall 2008), Illinois State University Police Department

Clery Act Annual Security Report

Illinois State University Police Department Annual Security Report

Policy Preference Change And Appointments To The Supreme Court Of Canada, Benjamin Alarie, Andrew Green

Osgoode Hall Law Journal

Canadian prime ministers appoint judges to the Supreme Court of Canada at their own discretion. This practice has been criticized as providing prime ministers with the ability to appoint judges whose policy preferences are regarded as politically congenial. We examine the Court's judgments in the post-Charter era to discern the apparent policy preferences of the judges. Our results suggest that the policy preferences of judges are not strongly associated with the political party of the prime minister and that their policy preferences shift over time in seemingly unpredictable ways. We discuss the implications of this analysis for possible reforms of …

Guns As Smut: Defending The Home-Bound Second Amendment, Darrell A. H. Miller

Faculty Scholarship

In District of Columbia v. Heller, the Supreme Court held that the Second Amendment guarantees a personal, individual right to keep and bear arms. But the Court left lower courts and legislatures adrift on the fundamental question of scope. While the Court stated in dicta that some regulation may survive constitutional scrutiny, it left the precise contours of the right, and even the method by which to determine those contours, for 'future evaluation."

This Article offers a provocative proposal for tackling the issue of Second Amendment scope, one tucked in many dresser drawers across the nation: Treat the Second Amendment …

Between The Wheels: Quest For Streetcar Unionism In The Carolina Piedmont, 1919--1922, Jeffrey M. Leatherwood

Graduate Theses, Dissertations, and Problem Reports (ETD)

Between the Wheels examines three Carolina Piedmont streetcar strikes in 1919-22. These years were marked by the aspirations of workers for industrial democracy, corporate anti-labor backlash and by the first Red Scare. Inevitably, these trends swept through the Carolina Piedmont, long viewed as isolated and resistant toward progress. But scholars should now re-examine the New South in light of broader American context. Three case studies in Spartanburg and Columbia, South Carolina, and Charlotte, North Carolina, highlight the struggles of New South labor reformers against union-busting monopolists, exemplified by James B. Duke.;During World War I, many Carolina Piedmont entrepreneurs viewed labor …

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

Faculty Scholarship

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 understanding of the value of charitable solicitation. It has also …