Digital Commons Network^™

Putting The Community Back In Community Benefit: Proposed State Tax Exemption Standard For Nonprofit Hospitals, Michele R. Goodman

Indiana Law Journal

No abstract provided.

Hiding In Full View: The “Forgotten” Bushman Genocides Of Namibia, Robert J. Gordon

Genocide Studies and Prevention: An International Journal

This article examines the Bushman genocide of 1912–1915 which, despite overwhelming evidence of its having occurred, has been largely ignored by both scholars and the local population. It invokes the Durkheimian distinction between necessary and sufficient conditions. Necessary conditions are akin to Marxian notions of ‘‘primitive accumulation’’ or Weberian ‘‘booty capitalism,’’ but in addition, the author emphasizes the demographics of the settlers, largely (aspiring) middle-class single men, and suggests that notions of the Rechtsstaat—code-based rather than case-based rule of law—represented an important, if not distinctive, sufficient condition in facilitating genocide, especially in tandem with the legitimation activities of turn-of-the-century scholars. …

Using Criminal Punishment To Serve Both Victim And Social Needs, Erin O'Hara O'Connor, Maria Mayo Robbins

Scholarly Publications

The criminal offender often commits two distinct wrongs with each criminal act. First, the offender commits a wrong against the victim, who is left feeling both aggrieved and vulnerable. Second, the offender wrongs society by engaging in conduct that violates social norms, thereby undermining others’ senses of personal security. The two wrongs are often addressed in different ways, and an exclusive or even primary focus on one can interfere with effective redress of the other.

For example, “criminal justice” in early western legal systems often began with vigilante justice, which was left entirely to victims and their allies. Even when …

Fire Treatment Effects On Vegetation Structure, Fuels, And Potential Fire Severity In Western Us Forests, Scott L. Stephens, Jason J. Moghaddas, Carl Edminster, Carl E. Fiedler, Sally Haase, Michael Harrington, Jon E. Keeley, Eric E. Knapp, James D. Mciver, Kerry Metlen, Carl N. Skinner, Andrew Youngblood

Forest Management Faculty Publications

Forest structure and species composition in many western U. S. coniferous forests have been altered through. re exclusion, past and ongoing harvesting practices, and livestock grazing over the 20th century. The effects of these activities have been most pronounced in seasonally dry, low and mid-elevation coniferous forests that once experienced frequent, low to moderate intensity,. re regimes. In this paper, we report the effects of Fire and Fire Surrogate (FFS) forest stand treatments on fuel load profiles, potential fire behavior, and fire severity under three weather scenarios from six western U. S. FFS sites. This replicated, multisite experiment provides a …

Falling Through The Cracks: Missouri Amends Its Felon Firearm Possession Statute, Adam E. Hanna

Missouri Law Review

In early September 2007, police in Cape Girardeau, Missouri, arrested a previously convicted felon whom they discovered drivinp with a loaded gun, a magazine of ammunition, and a stun gun in his vehicle. The man, who was convicted in Illinois in 2000 for sexual abuse and failing to register as a sex offender, was later released after police determined that his possession of the gun, ammunition, and the stun gun did not violate Missouri law. This incident inspired Cape Girardeau County Prosecuting Attorney H. Morley Swingle to lobby for changes to Missouri's statute prohibiting some felons from possessing firearms.

Saving Missouri's Public Defender System: A Call For Adequate Legislative Funding, Justine Finney Guyer

Missouri Law Review

The Constitutions of both the United States and the state of Missouri guarantee an indigent defendant the right to effective legal counsel when the defendant's freedom is in jeopardy. Due to a caseload crisis that is compounded by many other factors, the Office of the Missouri Public Defender cannot serve all the indigent clients who depend on it. The most notable of the issues plaguing the public defender system is that of funding. As a result of a severely underfunded system, public defenders are without resources necessary to effectively represent all of their clients. In order to improve client services …

The Daily Gamecock, Wednesday, April 1, 2009, University Of South Carolina, Office Of Student Media

April

No abstract provided.

Inartful Drafting Does Not Necessarily A Void, As Opposed To A Vague, Statute Make--Even Under The First Amendment, Samuel A. Terilli

University of Miami Law Review

No abstract provided.

Caesar's Faith: Limited Government And Freedom Of Religion In Bruker V. Marcovitz, F C. Decoste

Dalhousie Law Journal

The Supreme Court of Canada has long pursued the view that our law is somehow an expression and repository of what it terms "Canada 's fundamental values." In Bruker v. Marcovitz, the Court added to the catalogue of these judicially decreed and enforced values one concerning religion, namely, the protection of Canadians against the arbitrary disadvantages of their religions. This comment argues that the Court's judgment in this regard constitutes a fundamental threat to religious liberty inasmuch as it subordinates religious beliefand practice to state values by making the legal acceptability of the former turn on their conformity to the …

David Andress, The Terror: The Merciless War For Freedom In Revolutionary France, Norman C. Rothman

Comparative Civilizations Review

No abstract provided.

City-Assisted Evacuation Plan Participant Survey Report, John Kiefer, Pamela Jenkins, Shirley Laska

CHART Publications

The survey of participants in the City Assisted Evacuation Program (CAEP) indicated a variety of perceptions about their evacuation experience during and after Hurricane Gustav. While the CAEP was generally regarded by most participants as successful, there are some aspects that were identified as needing improvement. Some of these can be improved by the city; some improvements are under the purview of the state or the federal government. Some can be fixed expeditiously; some will require a long-term commitment.

The Impact Of Feedlot Waste On Water Pollution Under The National Pollutant Discharge Elimination System (Npdes), Kate Celender

William & Mary Environmental Law and Policy Review

No abstract provided.

A Preliminary Study Into The Contracting Out Of Services By Municipalities, Olufunmbi Akinluyi

Dissertations, Theses and Capstone Projects (Full IR Collection)

The contracting out of services, by municipalities, while not quite a new phenomenon, is still relatively new, that it provides a rich source of study for public administration scholars and students. Some of the arguments that proponents of privatization make, are that: contracting out is more efficient, that it makes it possible for municipalities to take advantage of specialized skills, which are lacking in the workforces of municipalities, and contracting permits a quicker response to new needs and facilitates experimentation with new programs, to name a few.

Critics of privatization say that the contracting process in the end tends to …

The National Flood Insurance Program: Maintaining Its Head Above Water, Aparna Kirknel Majmudar

University of Miami International and Comparative Law Review

National flood insurance programs implement flood prevention, create flood zone land-use policy, and establish protocols for relief With climate change and development raising the risk and exposure of human populations to flood, the United States 'National Flood Insurance Program (NFIP) has been heavily scrutinized, especially in the wake of Hurricane Katrina. This article examines the validity of the two main criticisms of NFIP, and seeks to inform a better understanding of NFIP's integrity through a comparative analysis between NFIP and several different flood insurance models in Europe. As a result, this analysis yields recommendations that can benefit NFIP, as well …

Separate But Unequal - When Overcrowed: Sex Discrimination In Jail Early Release Policies, Lara Hoffman

William & Mary Journal of Race, Gender, and Social Justice

It is currently constitutional to house male and female prisoners in separate jail facilities based solely on gender. But is it also constitutional to provide separate early release policies to male and female prisoners convicted of the same crime, in the same county, and sentenced to the same length of time based solely on gender and separate housing arrangements? For decades, jail officials in many counties have released some prisoners before the end of their judicially mandated sentences to relieve overcrowding and meet budget constraints. A small study of jails around the country conducted as research for this Article reflects …

Implied Reverse Preemption, Anita Bernstein

Faculty Scholarship

No abstract provided.

Terrorism Law Report, 2009 Spring, St. Mary's University School Of Law Center For Terrorism Law

Quarterly News

No abstract provided.

Does The Constitutional Norm Of Separation Of Church And State Justify The Denial Of Tax Exemption To Churches That Engage In Partisan Political Speech, Johnny Rex Buckles

Indiana Law Journal

No abstract provided.

Legal And Social Perspectives On Local Enforcement Of Immigration Under The Section 287(G) Program, Hannah Gill, Mai Thi Nguyen, Katherine Lewis Parker, Deborah Weissman

Faculty Publications

No abstract provided.

Deer Guards And Bump Gates For Excluding White-Tailed Deer From Fenced Resources, Kurt C. Vercauteren, Nathan Seward, Michael J. Lavelle, Justin W. Fischer, Gregory Phillips

United States Department of Agriculture Wildlife Services: Staff Publications

White-tailed deer (Odocoileus virginianus) causing damage is a reoccurring theme in the realm of wildlife damage management, especially regarding human safety, disease transmission, and agricultural losses. Fences often are the only reliable long-term nonlethal means of controlling deer damage. The efficacy of fences, however, relies on their weakest link: human-operated gates. Although not overly time-consuming, the act of closing a gate appears to be a burden to individuals, resulting in open-access to an otherwise protected resource. We examined the efficacy of 2 alternatives to traditional gates to evaluate their potential to be used for excluding or containing deer. …

The Rights Of Migrants, Eric A. Posner, Adam B. Cox

Coase-Sandor Institute for Law & Economics Research Paper Series

Why do states provide migrants rights associated with citizenship? Existing accounts typically answer this question in terms of obligation—of a duty on the part of states to confer citizenship. Moreover, scholars tend to lump together the bundle of rights conventionally associated with citizenship when they answer this question. In contrast, this Article disaggregates the rights associated with citizenship, asks what both states and migrants want, and inquires into how the suite of rights associated with citizenship might advance those interests. States want to encourage migrants to enter their territory and to make country-specific investments, but have an interest in being …

The Use Of Computer-Based Interventions In Cognitive Behavioral Therapy: Policy Implications For Violence And Delinquency Prevention In Community Corrections, Chad M. Posick

Theses

Abstract: This thesis tests the applicability of computer-based cognitive behavioral therapy for building skills that prevent deviancy and delinquency among youth. This is accomplished by first understanding cognitive behavioral therapy through an extensive literature review and then through data analysis of the SMART program which emphasizes anger management and conflict resolution skills using a pre- and post-test questionnaire. This thesis uses the SMART program as a self-administered cognitive behavioral intervention with youth between the ages of 12 and 17 who are on juvenile probation with a juvenile delinquent status. This is an innovative way of using the SMART program from …

Needs Assessment For Local Roads And Streets 2009, Indiana Ltap

Indiana Local Technical Assistance Program (LTAP) Publications

This report presents the results of a study whose objective was to use the condition of local transportation infrastructure to identify the funding level required to maintain the infrastructure and then compare this with existing funding to determine the adequacy of the current funding. The basic finding of the study is evidence that there is a severe shortage of funds to adequately maintain local transportation facilities.

A Global Architecture For Medical Counter-Measure Preparedness Against Bioviolence, Barry Kellman, Zachary D. Clopton

Cornell Law Faculty Publications

The obstacles to a functioning global infrastructure for bioviolence medical counter-measure (MCM) preparedness in the near future are legion. Naysayers could readily rattle off dozens of reasons why this or that initiative will not work, and they are right. The world is remarkably dysfunctional, and implementation of progressive reform in this context faces near infinite obstructions and frustrations. Moreover, there is scant evidence that global leaders consider such an infrastructure to be among their highest priorities.

The purpose of this article, however, is not to assess the political odds that such an infrastructure will be built soon; it is to …

Catching Up: The Need For New York State To Amend Its Juvenile Offender Law To Reflect Psychiatric, Constitutional And Normative National Trends Over The Last Three Decades, Michelle Haddad

Cardozo Public Law, Policy & Ethics Journal

The note argues that New York's Juvenile Offender Law of 1978 is outdated and in need of reform. Enacted in response to a tragic crime, the law shifted juvenile justice from rehabilitation to punishment, allowing children as young as 13 to be tried as adults. However, advancements in psychological understanding of adolescent brain development, constitutional rulings, and international trends emphasize the need for a more nuanced, rehabilitative approach. The note advocates for amending the law to reflect these developments and prioritize individualized consideration of juvenile cases.

Retention And Job Satisfaction Among Local Law Enforcement, Lisa N. Parron

Sociology & Criminal Justice Theses & Dissertations

This thesis is an exploratory study which examines the retention of police officers in the Norfolk Police Department. Focus group interviews with nine police officers provided the data for this study. Participants described aspects of their job that they enjoy and aspects of their job that could be improved. Themes identified include working conditions, supervisor relationships, interpersonal relationships, pay, responsibility, achievement and recognition, and appeal of the job.

This research was aimed at revealing what officers like and dislike about their job in order to reduce voluntary turnover and increase retention.

The findings from this study indicate that job satisfaction …

Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins

Law and Contemporary Problems

In recent decades, the criminal-justice pendulum has swung to the opposite extreme. Criminal law is often described as covering disputes between the offender and the state. Victims are not direct parties to criminal proceedings, they have no formal right to either initiate or terminate a criminal action, and they have no control over the punishment meted out to offenders. In this state-centric system, victim needs have been left unsatisfied, giving rise to a politically powerful victims' rights movement that has had success in giving victims rights of access to prosecutors and rights to be heard in the courtroom. Here, O'Hara …

The Legal See-Saw: The Rights Of The Sex Offender V. The Perception Of A Safe Community, Brittany E. Kane

Pell Scholars and Senior Theses

The question of how to safely deal with convicted sex offenders upon release from incarceration has been an ongoing hotly-debated topic within American society for decades, with one of the earliest approaches to dealing with these criminals dating back to the 1930s (Petrunik 486). Although it is universally acknowledged that sex crimes are deemed wrong from both the criminal and moral aspect, indecision exists with respect to the constitutionality and effectiveness of current legislation in place for the offenders to maintain rehabilitation and keep neighborhoods safe. Statutes, such as the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration …

Do We Need A New Fourth Amendment?, Orin S. Kerr

Michigan Law Review

Slobogin's book offers a new conceptualization of the Fourth Amendment rooted in what he calls the proportionality principle: An investigative technique should be permitted under the Constitution only if the strength of the government's justification for the technique is roughly proportionate to the level of intrusion it causes . Slobogin roots this principle in Terry v. Ohio and its pragmatic balancing of law-enforcement and privacy interests. To determine how much justification the Fourth Amendment requires, Slobogin argues, courts should assess the intrusiveness of the investigatory technique and then set a proportionate threshold of proof that the government must show. The …

Company Representatives In The Operating & Treatment Room: How To Navigate The Ever-Expanding Theories Of Liability For Medical Device & Pharmaceutical Companies, Michael J. Summerhill, Aaron M. Chandler

DePaul Journal of Health Care Law

No abstract provided.