Digital Commons Network^™

Fourth Amendment Federalism And The Silencing Of The American Poor, Andrew E. Taslitz

Chicago-Kent Law Review

In Virginia v. Moore, police officers searched Moore incident to an arrest for a minor traffic infraction for which Virginia statutory law in fact prohibited arrest. The officers found cocaine on Moore's person, arresting him for that crime too. The United States Supreme Court ultimately found that the arrest for the traffic infraction and the subsequent search were valid under the federal Constitution's Fourth Amendment. Central to the Court's reasoning was its insistence that the state statute was irrelevant. Any contrary conclusion, explained the Court, would wrongly make the Fourth Amendment's meaning vary from place to place. Professor Taslitz …

Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak

Chicago-Kent Law Review

The exclusionary rule, which bars from admission evidence obtained in violation of the Fourth Amendment's prohibition of unreasonable searches and seizures, is a bedrock of American law. It is highly controversial, but there seems to be no equally effective way to protect citizens' rights. This paper proposes that an admissibility standard be adopted that is in keeping with virtually every jurisdiction around the world other than the United States. Thus, before ruling evidence inadmissible, the court would consider the level of the constitutional violation, the seriousness of the crime, whether the violation casts substantial doubt on the reliability of the …

Melendez-Diaz And The Right To Confrontation, Craig M. Bradley

Chicago-Kent Law Review

In Crawford v. Washington, the Supreme Court overruled Ohio v. Roberts and adopted new law concerning the use of hearsay testimony at criminal trials. This was based on the Sixth Amendment's command that "In all criminal prosecutions the accused shall enjoy the right . . . to be confronted with the witnesses against him .. " On its face this provision seems to say that the accused has the right to cross-examine anybody who testifies for the prosecution at trial, whether as a live witness or through hearsay. The Supreme Court acknowledged much of this in Crawford, but …

Stacking In Criminal Procedure Adjudication;Symposium On Criminal Procedure: Judicial Proceedings, Luke M. Milligan

Chicago-Kent Law Review

The institutionalist branch of "Law and Courts" studies how judges incorporate institutional constraints into their decision-making processes. Congressional constraints on judicial review, as the literature currently stands, fall into one of two general classes: overrides and Court-curbing measures. This taxonomy, however, is incomplete. Neither overrides nor curbing measures are needed to explain the not uncommon situation where a policy-oriented Justice deviates from a preferred vote based on the belief that such a vote will prompt Congress to alter an "insulated base rule" in a way that disrupts the Justice's larger policy agenda. An "insulated base rule" is a Congressional policy …

Don't Bet On It: Casino's Contractual Duty To Stop Compulsive Gamblers From Gambling, Irina Slavina

Chicago-Kent Law Review

To address the problem of compulsive gambling, most states with commercial casinos have enacted statewide self-exclusion programs—a mechanism by which patrons petition to be physically removed from a casino if they are discovered on the premises. The casinos in the remaining states voluntarily instituted facility-based programs to assist problem gamblers in fighting their addiction.

But besides having any intended effect, these programs provided gamblers with a new ground for lawsuits—breach of contract. This note argues that neither states nor individual casinos should be liable to self-excluded patrons for breach of contract, even if they enter a casino and lose money …

Understanding Folk Dance And Gypsy Style In Selected Pieces For Clarinet And Piano By 20th Century Hungarian Composers: An Interpretive Guide, Jessica Vansteenburg

Glenn Korff School of Music: Dissertations, Theses, Student Creative Work, and Performances

Hungary has a long and rich history of folk music and dance. The clarinet has played a part in this history and remains a popular instrument in the country. Clarinet is most often associated with the verbunkos and is a regular member of the Gypsy band. The desire for composers of art music to compose in the folk tradition grew out of Hungarian nationalism in the 19th century and continued into the 20th century partly due to political pressures and the value of tradition in Hungarian music education.
Following a historical overview of the folk music and dance tradition in …

Table Of Cases

Mercer Law Review

No abstract provided.

Speleo Spiel, No. 375, November-December 2009, Alan Jackson

Speleo Spiel

Contents: Regular Bits -- Trip Reports -- Other Exciting Stuff

Into The Murky World Of Class Consciousness, Peter S. Carmichael

Civil War Institute Faculty Publications

In a 1975 article on the place of yeomen farmers in a slave society, Eugene D. Genovese identified a critical question concerning the nature of the Old South. The issue, he wrote, is to explain “the degree of class collaboration and social unity” that existed among all whites, which to Genovese appeared “all the more impressive in the face of so many internal strains.” Although some critics mistakenly charged that Genovese argued for non-slaveholder passivity in the face of planter hegemony, he was, in actuality, acknowledging that class relations were permeated with tension and discord, causing bitter resentments that occasionally …

China's Labor Enforcement Crisis: International Intervention And Corporate Social Responsibility., Dana C. Nicholas

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Towards Reasoning Pragmatics, Pascal Hitzler

Computer Science and Engineering Faculty Publications

The realization of Semantic Web reasoning is central to substantiating the Semantic Web vision. However, current mainstream research on this topic faces serious challenges, which force us to question established lines of research and to rethink the underlying approaches.

Removal Of Biofilm Through Controlled Cavitation, Mathew Chackalackal Mathew

Master's Theses - Daytona Beach

Human kind is poised to take the next "giant step" in space exploration, the manned mission to Mars, among other things. But before any plans for such long term habitation on an alien planet, there has to be consideration towards prevention and removal of bacterial contamination. Bacterial contamination or rather degradation of materials was considered of negligible importance. Bacterial degradation can be serious for long-term manned space mission, more so because there is no way to obtain quick replacements. For such conditions, a new innovative way of bacterial removal has been proposed wherein the bacteria is removed with no damage …

Bridging The Web Accessibility Divide, Yevgen Borodin

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

[to be added]

The Presence Of The Absent, Verónica Peña-Martínez

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

This thesis, The Presence of the Absent, is an autobiographical recounting of the production of my major works from 2006 through 2009. This period was marked by my separation from family and from my native country, Spain — and by my father's suicide. Since I left Spain, I have compensated for the physical absence of my loved ones through the creation of works that, through confining my body, function as thresholds between the (me) here and the (they) there. These works comprise a series of installations and performance pieces. Among my more important influences are the works of the visual …

Individual Responsibility As Explained In The Odyssey, Jill Britten

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

This thesis attempts to explain the relevance of teaching the Odyssey in the contemporary classroom. Although it is arguable that the rift between today‟s world and the world of the ancient Greeks is too great, accessible connections can be made. A close reading of the text reveals that one of the major themes in the Odyssey pertains to the concept of individual responsibility and how the individual plays a vital role to the wellbeing of a healthy society. Through the depiction of various societies that range from hypercivilized to savage, the reader can begin to form a solid idea of …

Dance Usm! Program [2009], University Of Southern Maine Department Of Theatre

Programs 2009-2010 Season

Directed by Maria Tzianabos

Crisis? What Crisis?: Global Recession And Learning At Bridgewater State College, Andrew C. Holman

Bridgewater Review

No abstract provided.

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

The Role Of Innocence Commissions: Error Discovery, Systemic Reform Or Both?, Kent Roach

Chicago-Kent Law Review

This article examines the role of innocence commissions as emerging criminal justice institutions. It draws a distinction between commissions devoted to the correction of errors in individual cases and commissions which make systemic reform recommendations in an effort to prevent wrongful convictions in future cases. The British and Scottish Criminal Cases Review Commission and the North Carolina Innocence Inquiry Commission are examined as examples of the former type of commission while Canadian public inquiries and commissions in Illinois, California and Virginia are examined as examples of the latter type of commission. Innocence commissions have had difficulties combining error correction and …

The Fourth Amendment, The Exclusionary Rule, And The Roberts Court: Normative And Empirical Dimensions Of The Over-Deterrence Hypothesis, Donald Dripps

Chicago-Kent Law Review

This essay engages in the risky business of predicting future Supreme Court developments. In the first part, I analyze the evidence suggesting that the Roberts Court might abolish the exclusionary rule. The critique of exclusion in Hudson v. Michigan is both less and more probative than appears at first blush. Part II turns to some less obvious evidence pointing in the direction of retaining the exclusionary rule. First, abolition of the exclusionary rule is inconsistent with the Hudson majority's apparent content with prevailing police behavior. Second, abolition of the exclusionary rule would curtail the power of the Supreme Court. Part …

Separating Church And State: Transfers Of Government Land As Cures For Establishment Clause Violations, Paul Forster

Chicago-Kent Law Review

The note examines one of the issues currently before the Supreme Court in Salazar v. Buono, the case concerning a Latin cross war memorial in the Mojave desert. The issue is whether the government may, by transferring land to private parties, cure Establishment Clause violations caused by permanent displays that contain religious imagery. The article surveys the Court's Establishment Clause jurisprudence as it applies to permanent displays, discussing the sometimes-used and sometimes-ignored Lemon-endorsement standard and the potential shift to a coercion standard. It concludes by arguing that even under the Lemon-endorsement standard, courts should often allow the …

Regional Variation In Perceptions About Climate Change., Lawrence C. Hamilton, Barry D. Keim

Sociology

A 2007 survey covering rural areas in nine US states provides data on perceived local impacts of climate change. Perceptions vary from region to region, with a pattern suggesting links to real climate specifically to winter warming in snow country. A multivariate analysis using mixed-effects ordered logit regression confirms a significant perception-temperature relationship, net of individual background and ideological characteristics, and of regional variations. These findings invite more detailed research.

2009 Vol. 58 No. 3, Cleveland-Marshall College Of Law

2000s

No abstract provided.

Number 13, 2009, Palara Editors

PALARA: Publication of the Afro-Latin/American Research Association

Complete Issue

Integrated Citizen Survey Plan For The City Of Southlake, Katie Bailey, Orisa Durggin, Anaiah Johnson, Chris Smith, Amanda Thomas

Public Administration Capstone Reports - Archive

The City of Southlake conducts a Citizen Survey every two years. The purpose of the survey is to measure resident’s satisfaction levels in the community and opinions on city services and policy issues. Since 2005, Southlake began incorporating their strategic plan into the survey to attempt to measure their success with meeting the goals of their strategies. This project was undertaken in an effort to ensure alignment of the survey questions with the strategy map, to analyze survey administration tools and techniques being used, and to provide a report of best practices within the realm of citizen surveys. The data …

Issues, Assets And Opportunities: A Survey Of Service Satisfaction For The Kennedale Fire Department And Municipal Court, Crystal Anderson, Kentesheia Dockery, Stephanie Portugal, Arthur Vasquez

Public Administration Capstone Reports - Archive

The City of Kennedale proposed that the University of Texas at Arlington's School of Urban and Public Affairs investigate customer satisfaction of services offered by the Fire Department and the Municipal Court. The City of Kennedale's mission is aimed at exemplifying excellence. A survey tool was researched, developed and implemented to customers who have received services from the Fire Department and the Municipal Court within the last six months.

The Impact Of The Instructional Practices Inventory At An Illinois Middle School, Karen Earhart Gauen

Dissertations

This participatory action research study followed a middle school for two academic years to determine if incorporating the Instructional Practices Inventory (IPI) would increase classroom experiences that engaged students in learning and encouraged deeper, higher-order thinking skills. This study also used student standardized test scores, the Illinois Standards Achievement Test (ISAT) and Northwest Evaluation Association Measures of Academic Progress (NWEA MAP), to determine if there was a relationship between the IPI process and improved test scores. I worked as the IPI coder, researcher, and facilitator for this study. During the research study, I kept field notes and observational data. Utilizing …

Exploring The Efficiency And Effectiveness Of Teacher Selection Tools: The Effects On The Total Group With A Focus On The Gender Sub-Groups, Sharon Lynn Ellerbrook

Dissertations

As schools struggle to meet federal testing requirements, the importance of having highly effective teachers in every classroom has never been greater, and, given the downward trend in the economy, there are more teaching applicants than ever. School districts would benefit from a streamlined process to interview and select only the most effective and highly-qualified teachers. The researcher’s purpose was to determine the efficiency and effectiveness of a unique and specific teacher selection process which included three Ventures for Excellence screening tools and one innovative instrument designed for this study, the performance rating scale. A collaborative correlational study involving three …

Exploring The Efficiency And Effectiveness Of Teacher Selection Tools: The Effects On The Total Group With A Focus On Elementary And Secondary Sub-Groups, Gregory Matthew Cicotte

Dissertations

As schools struggle to meet federal testing requirements, the importance of having highly effective teachers in every classroom has never been greater, and, given the current downward trend in the economy, there are more teaching applicants than ever. School districts would benefit from a streamlined process to interview and select only the most highly-qualified teachers. The researcher’s purpose in this study was to determine the efficiency and effectiveness of a unique and specific teacher selection process which included three Ventures for Excellence screening tools and one innovative instrument designed for this study, the performance rating scale. A collaborative correlational study …

Impact Of Missouri Reading Initiative On Student Achievement: An Administrative Perspective, Timothy E. Jamieson

Dissertations

Reading and critical thinking skills are a source of concern when analyzing student achievement relative to No Child Left Behind (NCLB). In Fort Zumwalt, middle school Missouri Assessment Program (MAP) test scores in communication arts have not consistently met NCLB requirements. To address this concern, Fort Zumwalt implemented Missouri Reading Initiative (MRI) as a pilot at North Middle School during the 2007-08 school year. Collaborative researchers collected data derived from student test scores on the 2006-07 and 2007-08 communication arts MAP to assess MRI effectiveness. Quantitatively, this study examined the relationship between implementation of MRI and student achievement on the …