Digital Commons Network^™

From Preferred Position To Poor Relation: History, Wilkie V. Robbins, And The Status Of Property Rights Under The Takings Clause, Michael B. Kent Jr.

New Mexico Law Review

No abstract provided.

State V. Padilla: An Aggravated Reading Of The State's Aggravated Fleeing A Police Officer Statute, Aaron Baca

New Mexico Law Review

No abstract provided.

Boumediene’S Quiet Theory: Access To Courts And The Separation Of Powers., Stephen I. Vladeck

Scholarly Articles in Law Reviews & Journals

At the core of Justice Kennedy's majority opinion in Boumediene v. Bush are his repeated suggestions that habeas corpus is an integral aspect of the separation of powers, and that, as such, the writ remains relevant even when the individual rights of those who would seek its protections are unclear. And whereas some might view these passages as little more than rhetorical flourishes, it is difficult to understand the crux of Kennedy's analysis - of why the review available to the Guantanamo detainees failed to provide an adequate alternative to habeas corpus - without understanding the significance of his separation-of-powers …

Inaccessible School Webpages: Are Remedies Available, Judith Stilz Ogden, Lawrence Menter

The Journal of Law and Education

No abstract provided.

Broadband Stimulus Policy In Europe And The Us: A Comparative Review, Dariusz Adamski

Media Law and Policy

No abstract provided.

Accelerated Wireless Broadband Infrastructure Deployment: The Impact On Gdp And Employment, Alan Pearce, Michael S. Pagano

Media Law and Policy

No abstract provided.

The Accelerator, Volume 2 Issue 4, Summer 2009, Christa Santos

The Accelerator

No abstract provided.

Table Of Contents

University of Miami Business Law Review

No abstract provided.

The Extension Newsletter, Issue 63, Summer Quarter 2009, Wright State University Retirees Association

The Extension Newsletter

An eight page newsletter from the Wright State University's Retirees Association.

The North American Transportation Security Center – Serri Analysis Update, Steven Douglas Kreis, Michael M. Barclay

Kentucky Transportation Center Research Report

Executive Summary

There are over 800,000 hazardous materials (hazmat) shipments over the nation’s roads each day. According to the U.S. Department of Homeland Security (DHS), terrorist activity related to the transportation of hazardous materials represents a significant threat to public safety and the nation’s critical infrastructure. Specifically, the federal government has identified the government’s inability to track hazmat shipments on a real-time basis as a significant security vulnerability.

In 2004, the U.S. Federal Motor Carrier Safety Administration (FMCSA) completed a study to determine if “smart truck” technology such as GPS tracking, wireless modems, panic buttons, and on-board computers could be …

New Trends In Global Outsourcing Of Commercial Surrogacy: A Call For Regulation, Ruby L. Lee

UC Law SF Journal on Gender and Justice

In a time where advancement of reproductive technologies evolve in a rapid pace beyond the ability of the government to anticipate public social costs associated with it; this Note seeks to address the legal, policy and ethical challenges surrounding commercial surrogacy - particularly from a global context. First, this Note explores India's role in commercial surrogacy, as a case study, to understand the growing global demand for surrogacy arrangements in countries that do not regulate commercial surrogacy. Second, this Note reviews comparatively the weaknesses in existing commercial surrogacy laws among some of the European Union states and the United States. …

"Purgatory Cannot Be Worse Than Hell": The First Amendment Rights Of Civilly Committed Sex Offenders, Tanya Kessler

City University of New York Law Review

No abstract provided.

States Of Resistance: The Real Id Act And The Limits Of Federal Deputization Of State Agencies In The Regulation Of Non-Citizens, Shirley Lin

Elisabeth Haub School of Law Faculty Publications

The goal of this Article is to discuss the justiciability of issues arising under immigration federalism by examining the constitutionality of the REAL ID Act. Part I discusses states' authority over non-citizens and the history of "immigration federalism" jurisprudence. Part II explores key provisions of the REAL ID Act, the WHTI, and similar attempts by the federal government to deputize states to engage in citizenship-policing and immigration enforcement. It describes the acute social and economic segregation that the denial of driver's licenses to non-citizens engenders, and examines a number of theories that attempt to capture the impact of the current …

Foreword: Freedom Of Expression: "Precious Right" In Europe, "Sacred Right" In The United States?, Elisabeth Zoller

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.

Free Speech And National Security, Geoffrey R. Stone

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.

City Of Gloucester Harbor Plan & Designated Port Area Master Plan, July 2009, Sarah Buck, Greg Ketchen, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

A harbor plan is a waterfront land and water use plan intended to establish the community’s objectives, standards, and policies for guiding public and private utilization of land and of water within and adjacent to the commonwealth’s jurisdiction. The 1999 Gloucester Harbor Plan was chiefly focused on infrastructure improvements for both maritime and visitor oriented industries along the waterfront as a central means of recharging the harbor’s economic engine. Many of the improvements have been completed in the wake of this plan. However, it largely ignored the confusing web of land use regulations that has since emerged as the central …

The European Court Of Human Rights And The Freedom Of Expression, Jean-François Flauss

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.

Freedom Of Expression In The United Kingdom Under The Human Rights Act 1998, Eric Barendt

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.

The United States Supreme Court And The Freedom Of Expression, Elisabeth Zoller

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.

Lessons From The Laboratory: The Polar Opposites On The Public Sector Labor Law Spectrum, Ann C. Hodges

Law Faculty Publications

Section I analyzes the legal framework and history of collective bargaining in Illinois, and Section II follows with a similar analysis for Virginia. Each section includes current data about public sector employees and union activity in the two states. Section III follows with a discussion of possible explanations for the differences in the law of the two states. Section IV looks at the lessons from this analysis for state and federal lawmakers, unions, employers, and labor relations advocacy groups.

Healing The Work Place: Wellness Initiative Programs For The City Of Marietta., Odulesi Ololade

Dissertations, Theses and Capstone Projects (Full IR Collection)

Due to the increase in health care costs and its impact on both employers and employees, the City of Marietta is interested in the wellness programs and how it can be implemented because they serve as good alternatives to reducing health care costs. Thus my main project is to research on the wellness programs, their implementation in other cities, how successful they were and to analyze their cost/benefit and cost-effectiveness in the cities of Lagrange and Atlanta.

Wellness programs consist of a combination of activities designed to increase awareness, assess risks, educate and promote voluntary behavior change to improve the …

The Role Of A Policy Analyst And School Choice: A Study And The History And Availability Of Educational Choices For Our Youth, James Robert Touchton

Dissertations, Theses and Capstone Projects (Full IR Collection)

The role of a policy analyst in the General Assembly, is to look at the many aspects of policies, research best practices and advise solutions that would serve the citizen taxpayers of Georgia in the most efficient and economical way possible. The job of an analyst requires the ability to understand current policies and use a fact-based approach when producing policy briefs and legislative findings. It was with this in mind that the decision to focus on the topic of school choice was made.

School choice is a relatively new concept as far as the practical application nationwide. Since its’ …

Office Of Lieutenant Governor Casey Cagle, Justin Mullis

Dissertations, Theses and Capstone Projects (Full IR Collection)

During the spring semester of 2009 I was fortunate to receive an internship at the office of Lieutenant Governor Casey Cagle, splitting time between his legislative office, and campaign office. The majority of my time however was spent at his campaign office as a policy advisor to the campaign as well as constituent liaison. It was decided that in order for my previous work experience to be used most effectively that I would be better suited in this compasity. My previous work experience consists of previously serving as a legislative aide with the Georgia House of Representatives majority caucus office …

Protective Privilege Versus Public Peril: How Illinois Has Failed To Balance Patient Confidentiality With The Mental Health Professional's Duty To Protect The Public, Mary I. Wood

Northern Illinois University Law Review

Mental health professionals face conflicting duties when their patients make threats of violence toward readily identifiable third parties: the duty to protect intended victims and the duty to maintain the confidentiality of patients. The seminal 1976 case, Tarasoff v. Regents of University of California, underscored the tension between these duties--unnecessary breaches of confidentiality may erode the therapeutic doctor/patient relationship and lead to liability for the doctor, but lack of action may cause devastating consequences for the victim. In the wake of the Tarasoff decision, most states enacted statutes codifying a mental health professional's duty to protect third parties from potentially …

Confronting The Challenges Of Persons Who Are Mentally Ill: A Judge's Perspective, Kathryn E. Zenoff

Northern Illinois University Law Review

In the last fifty years, persons with serious mental illnesses have gone from being institutionalized in psychiatric hospitals to being institutionalized in our county jails. The phenomenon has been called the "criminalization of the mentally ill" and has had adverse consequences both for our communities and for those persons with mental illnesses. This foreword discusses one judge's experiences in attempting to rise to the challenge of meeting the needs of persons with mental illnesses in the criminal justice system. The discussion extends to local, state, and national initiatives. These include the Therapeutic Intervention Program Court in Winnebago County, Illinois, and …

A Comparison Of The Freedom Of Speech Of Workers In French And American Law, Patrick Morvan

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.

States Of Resistance: The Real Id Act And Constitutional Limits Upon Federal Deputization Of State Agencies In The Regulation Of Non-Citizens, Shirley Lin

City University of New York Law Review

No abstract provided.

Throwing The Baby Out With The Bathwater: A Call To Reinstate The Public Housing Drug Elimination Program, Wendy Tolson Ross

Faculty Works

In fiscal year 2002, the federal government, upon recommendation by the Office of Management and Budget, eliminated funding to the Public Housing Drug Elimination Program (PHDEP), a grant program designed to assist public housing authorities in fighting drugs and crime. In explaining its decision, the government cited (1) the program’s ineffectiveness, (2) its duplication of activities, and (3) the availability of other enforcement tools (e.g., evictions) to control crime and drugs in public housing. On the surface, the budgetary concerns appear to be sound. However, today, seven years later, crime and drug violence are still causing problems in public housing …

To Walk The Earth In Safety 8th Edition (Fy2008), Us Dos Pm/Wra

Global CWD Repository

Welcome to the 8th edition of To Walk The Earth In Safety. Although we have seen real progress in combating the threat of mines and explosive remnants of war (ERW), conflicts persist, and the destabilizing effects of other weapons threaten peace and stability around the world.

The United States works with other nations to clean up the debris of war, combat trafficking in small arms and light weapons, and improve the security and management of munitions stockpiles. Catastrophic explosions at munitions storage facilities in populated areas have become a growing problem and have the potential to create more casualties than …

States Of Resistance: The Real Id Act And The Limits Of Federal Deputization Of State Agencies In The Regulation Of Non-Citizens, Shirley Lin

Faculty Scholarship

No abstract provided.