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Insider Vol. 10 No. 2 Fall 2009, College Of Arts & Sciences

College of Arts and Sciences news

College of Arts & Sciences Alumni Newsletter

The Murray State News, October 1, 2009, The Murray State News

Murray State University Collection

No abstract provided.

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

Cornell Journal of Law and Public Policy

No abstract provided.

Kendra’S Law And The Rights Of The Mentally Ill: An Empirical Peek Behind The Courts’ Legal Analysis And A Suggested Template For The New York State Legislature’S Reconsideration For Renewal In 2010, Kathryn A. Worthington

Cornell Journal of Law and Public Policy

No abstract provided.

The Innocence Quarterly [Fall 2009], Northern California Innocence Project

Northern California Innocence Project Newsletter

No abstract provided.

Supreme Court Decisions Recent Decisions

The Journal of Law and Education

No abstract provided.

Primary &(And) Secondary Education Law Review Digests

The Journal of Law and Education

No abstract provided.

Sex Trafficking Needs Assessment For The State Of Minnesota, Mary C. Ellison

Annual Interdisciplinary Conference on Human Trafficking: 1st (2009)

Sex trafficking is a form of slavery and involuntary servitude resulting in grave human rights violations. Minnesota was a place of origin, transit, and destination for sex trafficking operations even before federal or state law defined the crime of “sex trafficking.” In September 2008, The Advocates for Human Rights published the Sex Trafficking Needs Assessment Report at the request of the State of Minnesota Human Trafficking Task Force. The Report focuses on trafficking of persons for commercial sexual exploitation or prostitution as defined in federal law and Minnesota law. The qualitative research conducted by The Advocates compliments data by the …

Shattered Hearts (Full Report): The Commercial Sexual Exploitation Of American Indian Women And Girls In Minnesota., Alexandra (Sandi) Pierce

Annual Interdisciplinary Conference on Human Trafficking: 1st (2009)

Table of contents

Acknowledgements iii

Background 1

Organization of the report 3

I The context 4

Native women’s experiences during colonization 5

Native women’s experiences during national expansion 7

Native girls’ boarding school experiences 8

Impact of assimilation policies on Native women 10

The damage caused by life in prostitution 14

II Methods and definitions 16

III Prevalence 28

Involvement in prostitution 28

Involvement in the Internet sex trade 35

IV Patterns in entering the sex trade 36

Age of entry 36

Modes of entry 39

V Factors that facilitate entry 53

Generational trauma 53

Runaway, thrown away, and/or homeless …

Unjustified: The Practical Irrelevance Of The Justification/Excuse Distinction, Gabriel J. Chin

University of Michigan Journal of Law Reform

In recent decades, the distinction between justification and excuse defenses has been a favorite topic of theorists of philosophy and criminal law. Notwithstanding the impressive intellectual efforts devoted to the task, no single scholar or viewpoint appears to be on the verge of generating practical consensus about the concepts of justification and excuse, categorization of the defenses, or categorization of difficult individual cases. This Essay suggests that none of these goals can be usefully advanced through the justification/excuse distinction.

The Equal Protection Class Of One Claim: Olech, Enquist, And The Supreme Court's Misadventure, Robert C. Farrell

South Carolina Law Review

No abstract provided.

The Impact Of Hours-Of-Service Regulations On Transportation Productivity And Safety: A Summary Of Findings From The Literature, Hokey Min

Journal of Transportation Management

Since driver fatigue has known to be the primary cause of serious truck crashes, the Federal Motor Carrier Safety Administration (FMCSA) has attempted to implement new hours-of-service (HOS) regulations that aimed to promote safer driving environments. The new HOS regulations effective on October T‘ of2005, however, may lead to substantial cost increases for the trucking industry which will in turn hurt shippers and ultimately customers. For instance, motor carriers may need to hire additional drivers to comply with new HOS regulations requiring that drivers be placed out of service until they accumulated enough off-duty time. In particular, off-duty breaks required …

The Death Of Law: A Cinematic Vision, Lance Mcmillian

University of Arkansas at Little Rock Law Review

No abstract provided.

Motor Vehicles And Traffic Drivers’ Licenses: Amend Chapter 5 Of Title 40 Of The Official Code Of Georgia Annotated, Relating To Drivers’ Licenses, So As To Provide That Examinations For Drivers’ Licenses Shall Be Administered Only In The English Language; Provide For An Exception; Provide For Usage Of Licensed Defensive Driving Courses In Pretrial Diversion Programs; Provide That Certificates Of Completion From Unlicensed Courses Shall Not Be Recognized; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes., Kevin Morris, Christina Rupp

Georgia State University Law Review

The Bill requires that driver’s license exams be taken only in the English language. An exception is provided for temporary drivers’ licenses, which may be taken in a language other than English. The Bill also requires that defensive driving classes assigned as part of pretrial diversion programs be licensed by the state.

Crimes And Offenses Crimes And Offenses: To Change And Enact Provisions Of Law Relating To Classification Of Sexual Offenders, Sexual Offender Registration, And Restrictions On Sexual Offenders’ Residences, Workplaces, And Activities; To Amend Article 35 Of Chapter 6 Of Title 5 Of The Official Code Of Georgia Annotated, Relating To Appeals Requiring An Application For Appeal, So As To Make Such Code Section Applicable To Appeals From Decisions Of Superior Courts Reviewing A Decision Of The Sexual Offender Registration Review Board; To Amend Article 1 Of Chapter 10 Of Title 17 Of The Official Code Of Georgia Annotated, Relating To Procedures For Sentencing In Criminal Cases, So As To Provide That, With Respect To Sexual Offenses Committed After A Certain Date In This State, Classification Shall Be By The Sentencing Court Rather Than The Sexual Offender Registration Review Board; To Amend Article 2 Of Chapter 1 Of Title 42 Of The Official Code Of Georgia Annotated, Relating To Classification And Registration Of Sexual Offenders And Regulation Of The Conduct Of Such Offenders, So As To Revise Provisions Relating To Registration Of Sexual Offenders; To Change Certain Definitions; To Require The Department Of Corrections To Forward Certain Information To Sheriffs; To Provide For Registration And Reporting By Sexual Offenders Who Do Not Have A Residence Address; To Provide For Taking Of Palm Prints And Dna Samples In Certain Cases; To Change Certain Provisions Relative To Relief From Registration; To Change Provisions Relating To Residence, Workplace, And Volunteering Restrictions; To Change Provisions Relating To The Time Frame A Sheriff Has To Update Certain Information; To Remove Annual Registration Fees; To Change Registration Criteria For Persons Moving To This State; To Change Certain Penalty Provisions; To Change Restrictions On Volunteer And Religious Activities; To Revise Provisions Relative To Classification Of Sex Offenders; To Revise Certain Definitions; To Change Provisions Relative To The Process Of Classification By The Sexual Offender Registration Review Board And Review Of Such Classifications; To Provide For Procedure And Review; To Provide A Mechanism For Certain Elderly And Disabled Sexual Offenders To Petition The Superior Court To Be Released From Certain Residency Requirements; To Provide For Other Related Matters; To Provide For An Effective Date; To Repeal Conflicting Laws; And For Other Purposes., Meredith H. Carr, Hillary Rightler

Georgia State University Law Review

The purpose of this bill would have been to revise Georgia sex offender laws to promote the isolation of dangerous sexual predators from the public and ensure that they are adequately monitored in a manner that is constitutional. The key focus of the bill would have been to ensure the law properly directs resources towards protecting society from the sexual offenders who pose the greatest threat to others by truly isolating the dangerous sexual predator. The bill sought to narrow some of the previous statutory reporting requirements for sexual offenders that were implemented in 2008, after the Georgia legislature passed …

Crimes And Offenses, Criminal Procedure Crimes Against The Person, Sentence And Punishment: Amend Section 1 Of Article 1 Of Chapter 5 Of Title 16, And Chapter 10 Of Title 17 Of The Official Code Of Georgia Annotated, Relating To Murder And Felony Murder And Sentencing And Punishment, Respectively, So As To Provide For The Imposition Of Life Without Parole Of Persons Convicted Of Murder Independently Of A Death Penalty Prosecution; Provide That The Sentence Of Life Without Parole May Be Imposed Without The Necessity Of The Trier Of Facts Making A Recommendation Of Such Sentence Or Finding Statutory Aggravating Circumstances; Change Certain Provisions Relating To Punishment For Serious Violent Offenders; Repeal Certain Provisions Relating To Imprisonment For Life Without Parole And Finding Statutory Aggravating Circumstances; Provide For Certain Information To Be Reported To The Court Under Certain Circumstances; Repeal Provisions Relating To Duties Of The Judge And Certain Jury Instructions; Repeal Provisions Relating To Sentencing Of Person Subject To Death Penalty Or Life Without Parole Upon A Plea Of Guilty And The Duties Of The Judge; Provide For Related Matters; Provide An Effective Date; Provide For Applicability; Repeal Conflicting Laws; And For Other Purposes., Don Brown, Dmitri Epstein

Georgia State University Law Review

The Act provides for the imposition of life without parole for persons convicted of murder independent of a death penalty prosecution. The Act provides that the sentence of life without parole may be imposed without the necessity of the trier of fact making a recommendation of such sentence or finding statutory aggravating circumstances. The Act provides jury instructions as to the definitions of “life imprisonment” and “life without parole.” The Act amends existing law relating to prehearing sentences in felony cases. The Act repeals all conflicting laws.

Local Government General Provisions: Amend Chapter 80 Of Title 36 Of The Official Code Of Georgia Annotated, Related To General Provisions Applicable To Counties, Municipal Corporations, And Other Governmental Entities, So As To Prohibit Immigration Sanctuary Policies By Local Governmental Entities; Provide For Penalties; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws; And For Other Purposes., Denise Hoying, Parker Stephens

Georgia State University Law Review

The Act prohibits local governments from becoming sanctuary cities. The Act specifically forbids local Georgia governments from adopting any legislation or policy that would prohibit their local officials or employees from cooperating with federal law enforcement in reporting any information that is not legally confidential but otherwise might be relevant to the legal or illegal status of immigrants. Any local government violator is subject to withdrawal of funding controlled or distributed by the state, and any state-controlled governing body distributing funds may require proof of compliance.

Material Documentation Of Apothecary Collection And Patent Medicines In The Historical Collection Environment, Sarah M. Gaynier

Historic Preservation Final Projects

No abstract provided.

Application Of Non-Implemented International Law By The Federal Court Of Appeal: Towards A Symbolic Effect Of S. 3(3)(F) Of The Irpa?, France Houle, Noura Karazivan

Dalhousie Law Journal

Since 1999, the Supreme Court has explored the linkages between domestic statutes and international norms and values and has slowly developed the basic principles underlying a new mechanism of relevancy that the authors call harmonization of domestic law with international law The authors analyze this development in PartI of the present article. In Part II, they study the application of this harmonization mechanism in the field of Canadian immigration law Of, particular importance in the Immigration and Refugee Protection Act is s. 3(3)(f), for it directs judges to construe and apply the IRPA in a manner that "complies with international …

Proceeding With (Pre)Caution: Environmental Principles As Interpretive Tools In Applications For Pre-Trial Injunctions, Heather Mcleod-Kilmurray

Dalhousie Law Journal

In many cases of imminent environmental harm, a trial may take years. To prevent harm in the meantime, pre-trial injunctions are essential. The author highlights the important role of interlocutory injunctions in Canadian environmental litigation, uncovers the judicial assumptions and attitudes toward the environment which these decisions reveal, and proposes a precautionary approach to interpreting the interlocutory injunction test in environmental cases. She argues that prevailing judicial attitudes and presumptions in relation to environmental claims often negatively influence how the discretionary elements in procedural rules governing pre-trial injunctions are applied. Although there has been much analysis of principles such as …

Riegel V. Medtronic In Light Of The Recent Trend In Preemption Cases: A Case For Amending The Medical Device Act, Julie C. Solms

North Carolina Journal of Law & Technology

No abstract provided.

Reconciling Policy And Equity: The Ability Of The Internal Revenue Code To Resolve Disputes Regarding Nazi-Looted Art, Joseph F. Sawka

University of Miami International and Comparative Law Review

No abstract provided.

Montanan, Fall 2009, University Of Montana--Missoula

Montanan Magazine, 1969-2024

This is the magazine of the University of Montana with news about the University for UM alumni as well as current faculty, students, staff, and administrators. This is volume 26, number 3.

Sacred Heart University Magazine, Fall 2009, Sacred Heart University

Sacred Heart University Magazine

No abstract provided.

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

Faculty Works

No abstract provided.

The Southeastern Librarian V. 57, No. 3 (Fall 2009) Complete Issue

The Southeastern Librarian

Complete issue of The Southeastern Librarian, volume 57, No. 3 (Fall 2009).

Preserving And Providing Access To Digital State Publications In Alabama: A Case Of Cooperation, Rickey Best

The Southeastern Librarian

As initiatives to achieve a more interactive web-format for government information expand, concerns continue to mount over data security and preservation. While efforts to address these issues are ongoing at the federal level, at the state and local levels there continues to be gaps between state and local agencies creating digital publications and services and ensuring the long-term preservation of those publications. The nature of government information on theWeb also presents challenges. Some information is generated from databases (often federal) which pull together information and make it readily available. Such data, such as the Alabama’s agricultural statistics, are actually derived …

State Of Tennessee Treasurer's Report Fiscal Year Ended June 30, 2009, Tennessee. Department Of Treasury.

Treasurer’s Report

No abstract provided.

Private Trials Of A Public Man: Jimmie Allred And The Vicissitudes Of Family, L P. Hughes

East Texas Historical Journal

No abstract provided.

Substantive Review In Appellate Courts Since Dunsmuir, Gerald P. Heckman

Osgoode Hall Law Journal

In Dunsmuir v. New Brunswick, the Supreme Court re-examined its approach to judicial review of administrative decisions to develop a "more coherent and-workable" framework. It merged the deferential standards of reasonableness simpliciter and patent unreasonableness into a single reasonableness standard and emphasized the importance of precedent in determining the standard applicable to a specific category of decision makers. The author makes a preliminary assessment of Dunsmuir's impact on judicial review through an analysis of recent Canadian appellate decisions. He concludes that, white Dunsmuir simplifies the standard of review analysis by encouraging courts' reliance on satisfactory precedents and guidelines to determine …