Digital Commons Network^™

Databases, Doctrine And Constitutional Criminal Procedure, Erin E. Murphy

Faculty Articles

Over the past twenty years there has been an explosion in the creation, availability, and use of criminal justice databases. Large scale database systems now routinely influence law enforcement decisions ranging from formal determinations to arrest or convict an individual to informal judgments to subject a person to secondary pre-flight screening or investigate possible gang membership. Evidence gathered from database-related sources is now commonly introduced, and can play a pivotal proof role, in criminal trials. Although much has been written about the failure of constitutional law to adequately respond to the threat to privacy rights posed by databases, less attention …

Supreme Court Recognizes (A Derivative) Right To Access Information, Ryder L. Gilliland

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

On June 17, 2010, the Supreme Court of Canada released its long-awaited decision in Criminal Lawyers’ Assn. v. Ontario (Ministry of Public Safety and Security). The unanimous judgment of the Court, co-written by McLachlin C.J.C. and Abella J., is significant in that it recognizes, for the first time in Canada, that section 2(b) of the Charter protects a right to access government information. It remains to be seen, however, what impact the Criminal Lawyers’ Assn. decision will have from a practical perspective. The limited guidance provided by the Court is that there is a right to access information where it …

Freedom Of Religion At The Supreme Court In 2009: Multiculturalism At The Crossroads?, Nathalie Des Rosiers

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Religious toleration has meaning only when it leads to the acceptance of decisions that one finds unpalatable or incomprehensible. Otherwise, when religious toleration only means respect for differences within a generally acceptable spectrum of options, it requires no constitutional protection. It is because a majority may feel compelled to act against a minority, may feel sufficiently irritated, repelled or dismissive of a minority that constitutional protection is needed. The article critically examines the decision in Alberta v. Hutterian Brethren as an indication a waning commitment to multicultural values. The article suggests that freedom of religion has often been interpreted as …

The Law At War: Counterinsurgency Operations And The Use Of Indigenous Legal Institutions, Richard Morgan

UC Law SF International Law Review

Success in counterinsurgency campaigns requires the U.S. military to train, equip, and ultimately turn over responsibility for public safety to indigenous legal institutions. Doing so presents many challenges, as pragmatic concerns for operational security and use of intelligence as legal evidence must be reconciled with cultural differences and the weakness of indigenous legal institutions. This article argues, however, that such participation may be required under international law. Further, participation may help to legitimize counterinsurgency goals in the eyes of the local populace, and bring additional resources to military efforts. In order to realize such benefits, this article argues that military …

Slavery Jurisprudence On The Supreme Court Of North Carolina, 1828-1858: William Gaston And Thomas Ruffin, Timothy C. Meyer

Campbell Law Review

In the years preceding the Civil War, two North Carolina Supreme Court Justices, Chief Justice Thomas Ruffin and Associate Justice William Gaston, offered starkly different legal opinions on issues relating to slavery. Despite broad similarities in their backgrounds and their agreement on many other legal and judicial issues, Ruffin and Gaston approached slavery from sharply contrasting perspectives. Both men used their positions on the bench to influence the treatment and legal status of slaves. While Ruffin vigorously defended the peculiar institution and took the concept of chattel to a logical extreme, Gaston denounced many of its dehumanizing elements. In fact, …

Concerns Associated With Expanding Dna Databases, Candice Roman-Santos

UC Law Science and Technology Journal

The establishment of DNA databases has been and continues to be a source of controversy. Proponents of DNA databases argue that it supports a discipline that does not rely on subjective judgments and interpretations, and expanding DNA databases will not only help to solve more crimes but also exonerate innocent people who have been wrongly convicted, ultimately reducing the need to reverse previous miscarriages of justice. Opponents of DNA databases, on the other hand, argue that there is a risk of DNA being used to the exclusion of material that might prove the innocence of the suspect. Also, the fact …

Community Change In The Northern Forest, Chris R. Colocousis

Doctoral Dissertations

In 2006, the pulp mill in Berlin, NH was closed and dismantled, marking an end to more than a century of dependence on the pulp and paper industry. The city's location in a high-amenity and recreation-dependent region suggests that the rebirth of the local economy would follow a general transition from a production orientation to consumption. Using in-depth interviews and other qualitative methods, survey work, and secondary quantitative data I chronicle a century change, focusing on how the industry has shaped the community and its present ability to reinvent itself. I analyze the ways in which patterns of change and …

(2) Sample Syllabus: Econ 4060, Miao Wang

Economics Courses

No abstract provided.

Farmers, Ranchers, And The Railroad: The Evolution Of Fence Law In The Great Plains, 1865–190, Yasuhide Kawashima

Great Plains Quarterly (through 2013)

In North America, building fences was an essential part of life for the English settlers from the beginning. Departing from the English common law rule that required owners to fence in their cattle, nearly all the colonial legislatures and courts imposed upon landowners a duty to fence their property against trespassing cattle.l The reasons were partly to increase the meager supply of livestock by permitting cattle to wander about in order to breed faster and partly to make full use of the vast virgin forest and grassland. Gradually, however, in New England and in much of New York and New …

A Visual Analytics Approach To Understanding Spatiotemporal Hotspots, Ross Maciejewski, Stephen Rudolph, Ryan Hafen, Ahmad Abusalah, Mohamed Yakout, Mourad Ouzzani, William S. Cleveland, Shaun Grannis, David S. Ebert

Cyber Center Publications

As data sources become larger and more complex, the ability to effectively explore and analyze patterns amongst varying sources becomes a critical bottleneck in analytic reasoning. Incoming data contains multiple variables, high signal to noise ratio, and a degree of uncertainty, all of which hinder exploration, hypothesis eneration/exploration, and decision making. To facilitate the exploration of such data, advanced tool sets are needed that allow the user to interact with their data in a visual environment that provides direct analytic capability for finding data aberrations or hotspots. In this paper, we present a suite of tools designed to facilitate the …

Financing The American Newspaper In The Twenty-First Century, Richard Schmalbeck

Faculty Scholarship

No abstract provided.

Outsourcing Democracy: Redefining The Public Private Partnership In Election Administration, Gilda R. Daniels

All Faculty Scholarship

“We are left with a system in which almost every state still outsources its elections to what are actually private organizations.”

Federal, state and local governments are deeply indebted to private organizations, political parties, candidates, and private individuals to assist it, inter alia, in registering voters, getting citizens to the ballot box through get out the vote campaigns (GOTV), assisting limited English proficient (LEP) citizens, and monitoring Election Day activities. In a recent Supreme Court case, Crawford v. Marion County, Justice Souter recognized that voting legislation has “two competing interests,” the fundamental right to vote and the need for governmental …

Predicting And Preventing Aggression And Violence Risk In High-Risk Girls: Lessons Learned And Cautionary Tales From The Gender And Aggression Project, Stephanie R. Penney, Zina Lee

Court Review: Journal of the American Judges Association

Youth violence is a serious public health concern when viewed in light of the costs incurred by the medical, social service, and criminal justice systems. Since the late 1980s, there has been a steady increase in violent crimes committed by youth in both Canada and the U.S. Although more recent rates of youth violence are decreasing, they have remained significantly above the averages recorded in the early to mid-1980s. Rates of official violent offending among adolescent girls in particular have been increasing at faster rates compared to boys, and self-report data shows that the gap between girls and boys’ rate …

Dispute Regarding Navigational And Related Rights (Costa Rica V. Nicaragua), Coalter G. Lathrop

Faculty Scholarship

No abstract provided.

Gilbert & Sullivan And Scalia: Philosophy, Proportionality, And The Eighth Amendment, Ian P. Farrell

Villanova Law Review (1956 - )

No abstract provided.

Index To The House Journal State Of Colorado: Sixty-Seventh General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Framing Justice: Media, Bias, And Legal Decisionmaking, Perry L. Moriearty

Articles

During the 1990s, the news media saturated the American public with stories and images of glassy-eyed, teenaged “superpredators,” who allegedly killed and maimed for sport. These violent, dark and “morally impoverished” youth were running wild in our city streets was the message, and unless we did something, they would destroy the very moral fabric of our society. Drawing on recent social science studies, which demonstrate that the graphic and racialized content of crime news coverage can increase consumers’ cognitive bias in imperceptible, but determinative ways, I argue that exposure to the “superpredator” narrative may have had a discernable impact on …

How Far Can The Automobile Exception Go? How Searches Of Computers And Similar Devices Push It To The Limit, 43 J. Marshall L. Rev. 1119 (2010), Andrew Wrona

UIC Law Review

No abstract provided.

Mexico, Mark E. Wojcik, Javier Zenteno Gomez, Jorge G. De Presno, David W. Austin

The International Lawyer

No abstract provided.

War And Peace Between Title Vii's Disparate Impact Provision And The Equal Protection Clause: Battling For A Compelling Interest, Eang L. Ngov

Loyola University Chicago Law Journal

No abstract provided.

Graduate Bulletin 2010-2011, John Jay College Of Criminal Justice

College Bulletins

No abstract provided.

Lancaster Economic Development Plan, Institute On Metropolitan Opportunity

Studies

Report

Learning And Engaging The Information Values Of A Karst Community Of Practice., Kaya Van Beynen, E S. Fleury

USF St. Petersburg Campus Faculty Publications

The Communities of Practice model is an innovative means to explore a local knowledge community and how informal practitioners contribute to karst science. By exploring the information values, this article strategizes how the Karst Information Portal can promote trust, engagement, and expand the scientific understanding and protection of karst environments.

Concerning Clarifying Civil Liability Regarding Negligent Hiring Practices For An Employer That Hires A Person With A Criminal Record., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Parole, And Making An Appropriation In Connection Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Behavioral Health Transformation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Increased Authority To Regulate Waste Tires, And Making An Appropriation Therefor., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Supplemental Appropriation To The Judicial Department., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Enhancing The Canada - United States Gateways And Corridors: East, West And Within, Chios Carmody, Sean O'Dell, David Oxner, Hugh Conroy

Canada-United States Law Journal

No abstract provided.

Annual Report Of The Officers For The Town Of Lincoln, New Hampshire, For The Year Ending December 31, 2009., Lincoln Town Representatives

Lincoln, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.