Digital Commons Network^™

Resurrecting Parents Of Legal Orphans: Un-Terminating Parental Rights, Lashanda Taylor Adams

Journal Articles

Despite federal and state legislation that requires termination of parental rights when a child has remained in foster care for a specified period of time, studies indicate that relationships with their biological parents (and other relatives) remain important to children in foster care.3 Especially for children whose parents’ parental rights have been terminated, the connection with their biological parent remains central to their development and these children make efforts to maintain that connection. Once it becomes clear that the purpose for terminating the parental rights (i.e., freeing the child for adoption) will not be served, in an increasing number of …

A Comparative Analysis Of California's Right Of Publicity And The United Kingdom's Approach To The Protection Of Celebrities: Where Are They Better Protected?, Reshma Amin

Journal of Law, Technology, & the Internet

No abstract provided.

What’S So Funny About Peace, Love, And Understanding? Restorative Justice As A New Paradigm For Domestic Violence Intervention, Laurie S. Kohn

Seton Hall Law Review

No abstract provided.

An Overview Of Special Populations In California Prisons, Eumi Lee

Faculty Scholarship

No abstract provided.

I'M Dying To Tell You What Happened: The Admissibility Of Testimonial Dying Declarations Post-Crawford, Peter Nicolas

UC Law Constitutional Quarterly

In Crawford v. Washington and its progeny, the U.S. Supreme Court retheorized the relationship between hearsay evidence and the Confrontation Clause. Post-Crawford, hearsay statements that are "testimonial" in nature are, as a general rule, inadmissible when offered against the accused in a criminal case. Yet in footnote six of Crawford, the Supreme Court suggested that an exception to the general rule may exist for dying declarations. This Article builds on the dictum set forth in footnote six of Crawford, the meaning of which the lower courts are just beginning to explore. Relying on historical evidence, this Article first demonstrates the …

Ballot Box Budgeting In California: The Bane Of The Golden State Or An Overstated Problem, Jessica A. Levinson, Robert M. Stern

UC Law Constitutional Quarterly

This Article analyzes the phenomenon known as ballot box budgeting. This Article examines both legislative measures put to a vote of the people and initiative measures which affect California's budget. The Article concludes that ballot box budgeting have lead to the state's current fiscal crisis are overblown, but that ballot box budgeting has in part contributed to California's economic woes. The Article includes a number of recommendations for improving the process of ballot box budgeting. First, a system of "pay-go" is recommended, whereby measures that reduce revenue should identify which program(s) will be cut, and measures that call for the …

Privacy Is The Problem, Raymond Shih Ray Ku

Faculty Publications

A local school district remotely activates laptop web cameras that allegedly record the activities of students, even in their bedrooms.1 The President authorizes the National Security Agency (NSA) to monitor the telephone calls and electronic communications of individuals within the United States on an unprecedented scale in the interest of national security.2 Even a cursory examination of the news suggests that the activities and communications of Americans are increasingly subject to government surveillance from every level of government. Whatever we may think about the necessity for this surveillance, we should question how such programs come into being; in other words, …

Aba Explains Prosecutor's Ethical Disclosure Duty, Peter A. Joy, Kevin C. Mcmunigal

Faculty Publications

The ABA Standing Committee on Ethics and Professional Responsibility recently issued an advisory ethics opinion explaining that the ethical duty of the prosecutor under Model Rule 3.8(d) to disclose exculpatory evidence and information to the defendant is separate from, and more expansive than, the disclosure obligations under the Constitution. This column reviews the opinion and its implications for discovery in criminal cases.

Scientific Fraud, Paul C. Giannelli

Faculty Publications

Although scientific fraud is rare, when it occurs, it needs to be identified and documented. This article discusses two of the most notorious cases in forensic science. Part I focuses on the misconduct of Fred Zain, a serologist with the West Virginia State Police crime laboratory and later with the County Medical Examiner’s laboratory in San Antonio, Texas. Part II examines the misconduct of Joyce Gilchrist, a forensic examiner with the Oklahoma City Police Department.

Unlimited Power: Why The President’S (Warrantless) Surveillance Program Is Unconstitutional, Raymond Shih Ray Ku

Faculty Publications

In this essay, Professor Ku explores the constitutionality of the President's Surveillance Program (PSP), and critiques the Bush Administration's legal explanations supporting warrantless surveillance. Defenders of the program have relied upon the President's inherent executive authority, the Congressional Authorization for Use of Military Force, the FISA Amendment Act of 2008, and ultimately that under any of these sources of authority the warrantless surveillance authorized is consistent with the right of privacy protected Fourth Amendment to the U.S. Constitution. As such, Professor Ku uses the PSP to illustrate the how and why current constitutional analysis both ignores and subverts “the right …

Independent Crime Laboratories: The Problem Of Motivational And Cognitive Bias, Paul C. Giannelli

Faculty Publications

One of the most controversial recommendations in the National Academy of Sciences report on forensic science — Strengthening Forensic Science in the United States: The Path Forward — concerns the removal of crime laboratories from the administrative control of law enforcement agencies. For decades scholars have commented on the “inbred bias of crime laboratories affiliated with law enforcement agencies.” Some commentators have proposed independent laboratories as the remedy for this problem, and in 22, the Illinois Governor’s Commission on Capital Punishment proposed the establishment of an independent state crime laboratory. This essay documents the problems that triggered the NAS Report’s …

Jockey Advertising Regulations In Horseracing, Natasha C. Farmer

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

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

Bristol, NH Annual Reports

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

Daniel Van Beuge V. Draper City : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah The Honorable William W. Barrett, District Court Judge Trial Court Case No. 080907334

Transforming Attitudes And Commitment To Missions At The Mt. Emmanuel Missionary Baptist Church In Greenville, South Carolina, Jermaine A. Boyce

Doctor of Ministry Projects

This ministry project's goal was to seek transformation in attitudes and commitment to missions at the Mt. Emmanuel Missionary Baptist Church in Greenville, South Carolina. The goal of transformation was to guide the congregation's mission practices to be exemplary of its 'Missionary' name and the overall mission of the church as discovered in Luke-Acts and in the Abrahamic Covenant.

The project tested the attitudes and commitment to missions from the Missionary Society in comparison to the general congregation. The project revealed both strengths and weaknesses in the attitudes and commitments of the Missionary Society and the congregation about missions. The …

University Of Northern Iowa Fact Book, 2009-2010, University Of Northern Iowa

University of Northern Iowa Fact Book

Contents:

Message From President Benjamin Allen ... Inside Front Cover
Mission Statement ... 1
UNI Organizational Chart ... 2
UNI Administration ... 3
Definitions of Terms Used ... 4
Calendar ... 6
New Students ... 7
Enrollment ... 13
Alumni ... 33
Faculty and Staff ... 41
Budget and Finance ... 63
Academic Departments ... 73
Colleges ... 83
Graduate College ... 93
Library ... 101
General Information ... 103
Peer Institutions ... 115
References ... 123

Criminal Alternative Dispute Resolution: Restoring Justice, Respecting Responsibility, And Renewing Public Norms, Maggie T. Grace

Student Articles and Papers

This Article explores theoretical concerns underlying contemporary appeals to Alternative Dispute Resolution ("ADR") in the criminal justice system. Analyzing literature on free will and responsibility and leading work on transitional justice, I argue that a restorative justice approach to criminal ADR better accommodates the realities of social conditions that correlate with criminality while respecting deeply-held concepts of responsibility. I further argue that this approach provides a useful response to critics, such as Owen Fiss, who argue that ADR privatizes disputes, thereby failing to produce and reinforce essential public norms.

2010 Annual Evaluation Of Administrative Support Services, Southwestern Oklahoma State University

Assessment Center Reports

Annual Evaluation of Administrative Support Services report produced by the SWOSU Assessment Center

Constitutional Dictatorship: Its Dangers And Its Design, Sanford Levinson, Jack M. Balkin

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Unreviewable Executive: Kiyemba, Maqaleh, And The Obama Administration, Stephen I. Vladeck

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Bryant University Undergraduate Course Catalog 2010 - 2011

Bryant University Undergraduate Course Catalog

No abstract provided.

Wastewater Disposal Practices And Change In Development In The Barton Springs Zone, Matthew Menchaca, Matthew Westbrook

KIP Data Sets and Technical Reports

County tax appraisal district records and regional population projections are used as surrogates to track historical and future development in the Barton Springs Zone of the Edwards Aquifer. Wastewater disposal by either Texas Land Application Permit (TLAP) and by individual on-site sewage facility (OSSF) are identified spatially and temporally. There are 27 active TLAP permits in the Barton Springs Zone and as of 2010 there is 3.8 million gallons per day of permitted wastewater irrigation volume. There are at least 9,470 OSSF permits in the Barton Springs Zone, with the highest density of permits observed in the Bear Creek watershed. …

Black And Brown Coalition Building During The “Post-Racial” Obama Era, Karla Mari Mckanders

Saint Louis University Public Law Review

No abstract provided.

Cross-Border Legal Preparedness: A Comparative Review Of Selected Public Health Emergency Legal Authorities In Canada And Mexico, Daniel D. Stier, María Guadalupe Uribe Esquivel

Saint Louis University Journal of Health Law & Policy

No abstract provided.

On The Road Towards Greater Mental Healthcare, Saira Husain, Jasia Mahdi

Big iDeas 2010 Proposals

No abstract provided.

Constitutional Protections: State V. Individual Interests – Which Should Prevail? Symposium Report, Jennifer Ponder, Abre’ Conner

American University Criminal Law Brief

No abstract provided.

The Attorney General’S Power Of Certification Regarding State Mechanisms To Opt-In Tostreamlined Habeas Corpus Procedure, Jennifer Ponder

American University Criminal Law Brief

No abstract provided.

Joint Statement Of Topix, Llc And Attorneys General, Topix

Historical and Topical Legal Documents

No abstract provided.

Putting The Community Back Into The "Community Benefit" Standard, Jessica Berg

Georgia Law Review

Disputes about tax exemption for hospitals are occurring all over the country. Local tax authorities have revoked tax- exempt status for some hospitals. State governments are considering whether to require minimum amounts of charity care in exchange for tax exemption. Congress is debating whether hospitals should remain a part of the nonprofit sector at all. At the same time, uninsured individuals are suing hospitals for unfair billing and collection practices. Creative accounting and expansive definitions of "free" care have led to a variety of non ideal practices by hospitals in order to balance their bottom line, while maintaining tax-exempt status. …