Digital Commons Network^™

Tainted Milk: What Kind Of Justice For Victims' Families In China, Yungsuk Karen Yoo

UC Law SF International Law Review

The Chinese government's reaction to the fallout from the 2008-2009 tainted milk scandal paints a vivid picture of modem Chinese legal culture and the development of the rule of law. Quick to institute criminal prosecutions but barring affected families from bringing civil suits, the government continues to maintain a firm grip on the courts, preferring to resolve disputes through mediation and settlement. Meanwhile, the Sanlu case marks a turning point in dispute resolution in China, testing the limits of access to justice for private litigants who bring tort law claims in Chinese courts. As China becomes a major global economic …

2010 Treasurer's Report, Tennessee. Department Of Treasury

Treasurer's Reports

No abstract provided.

Executive Activism Not Reciprocated With Judicial Activism: Wyeth V. Levine And Cuomo V. Clearing House Return Preemption To The Legislative Branch, Anthony C. Coveny, Shelly A. Sanford

St. Thomas Law Review

The Supreme Court has taken a strong stand on the preemption issue, with both liberal and conservative justices agreeing to return preemptive authority to Congress. In short, the Supreme Court has properly refused to reward Executive activism with Judicial activism. This article discusses the theoretical foundation of preemption; the requirement of clear Congressional intent; recent Executive Branch attempts to push preemption vis-d-vis agency regulation; the Supreme Court's refusal to reward Executive activism with Judicial activism in Wyeth v. Levine and Cuomo v. Clearing House Ass'n, L.L. C.; and the preemption landscape as it exists in 2009 going forward.

Creating Effective Broadband Network Regulation, Daniel L. Brenner

Federal Communications Law Journal

The Internet is central to the business and pastimes of Americans. Calls for increased regulation are ongoing, inevitable, and often justified. But calls for "network neutrality" or "nondiscrimination" assume with little hesitation federal agency competence to give predictable and accurate meaning to these terms and create regulations to implement them. This Article's chief contribution to Internet policy debate is to focus attention on the likelihood of successful FCC Internet regulation-a key assumption of some advocates.

The Article analyzes three characteristics that hobble the FCC, which is the likeliest federal agency to provide prescriptive rules. First, the record for the agency …

Network Neutrality Between False Positives And False Negatives: Introducing A European Approach To American Broadband Markets, Jasper P. Sluijs

Federal Communications Law Journal

Network neutrality has become a contentious issue both in Europe and the United States. Regulators on both sides of the Atlantic face digital divides in their society, and are confronted with potentially conflicting policy goals-to incentivize private investment in next-generation broadband while maintaining "neutral" and competitive broadband networks.

This Article compares nascent American and European network neutrality policy in terms of regulatory error costs. Emerging markets, such as broadband, are more likely to be affected by regulatory errors, and these errors have graver consequences in emerging markets than in regular markets. U.S. telecommunications policy traditionally has advanced a trial-and-error approach …

The Utilization Of Performance Appraisal In Local Governments: Extent And Challenges, Sandra Hindo

Wayne State University Dissertations

This study examines the utilization of employee performance appraisal in a sample of 59 Detroit-area suburban communities. Despite the emphasis placed on employee performance appraisal in the literature, over half of the communities do not possess formal systems of employee appraisal. Also two variables help explain performance appraisal usage: form of government and extent of unionization.

Importantly, respondents in non-utilizing communities often acknowledge the benefits of systems of performance appraisal but they cite various reasons for not having such systems in place, with the opposition of municipal unions being cited most often. This was true even though many jurisdictions with …

Just Kids: Baltimore’S Youth In The Adult Criminal Justice System, Wendy Hess

Faculty Publications

Maryland’s 20 year experiment with the “tough on crime” approach of automatically sending youth into adult criminal courts, jails and prisons for certain offenses has failed. National studies show that youth who are sent to adult facilities go on to commit more—and more violent—crimes than those who received rehabilitative services in the juvenile system. This costs taxpayers much more in the long run. Automatically charging youth as adults has been politically popular. But the data shows that when their cases are individually considered, most cases in Baltimore are dismissed or sent back to the juvenile system, raising the question of …

Protecting Cats And Dogs In Order To Protect Humans: Making The Case For A Felony Companion Animal Statute In Mississippi, Deborah J. Challener

MC Law Review

No abstract provided.

Protecting Cats And Dogs In Order To Protect Humans: Making The Case For A Felony Companion Animal Statute In Mississippi, Deborah Challener

Journal Articles

During the 2010 session of the Mississippi legislature, Senator Billy Hewes (R-Gulfport) introduced Senate Bill No. 2623 which, inter alia, made it a felony to "with malice torture, mutilate, maim, burn, starve, disfigure or kill any domesticated dog or cat." The penalty for a conviction under the proposed companion animal statute was one to five years in prison and a fine of $1500 to $10,000. Senate Bill No. 2623 passed the Senate but failed in the House, largely because the Mississippi Farm Bureau Federation argued that it would be harmful to Mississippi's farming industry. This objection, along with the others …

How One State Reduced Both Crime And Incarceration, Hon. Jonathan Lippman

Hofstra Law Review

No abstract provided.

A Descriptive Analysis Of Bookings In Sibley County Jail Between January 1, 2008 And December 31, 2009, Deanna Aufderheide

All Graduate Theses, Dissertations, and Other Capstone Projects

Each year approximately 12 million admissions and releases occur in U.S. jails (Solomon, A. L., Osborne, J. W. L, LoBuglio, S. F., Mellow, J., & Mukamal, D. A.). Those that cycle in and out of jail often times are unstable. These instabilities include: substance abuse, lack of housing and employment, mental illness, and health concerns. More than 80 percent of offenders are incarcerated for less than one month; some for a few hours or a few days (Solomon, et. al.). This concern was identified by the Public Health Nurse (PHN) who has seen the same offenders being booked in, time …

Table Of Contents - Issue 1

Missouri Law Review

Table of Contents - Issue 1

The New Sanctuary Movement: When Moral Mission Means Breaking The Law, And The Consequences For Churches And Illegal Immigrants, Kara L. Wild

Santa Clara Law Review

No abstract provided.

Administering The Second Amendment: Law, Politics, And Taxonomy, Nicholas J. Johnson

Santa Clara Law Review

No abstract provided.

Unasked (And Unanswered) Questions About The Role Of Neuroimaging In The Criminal Trial Process, Michael L. Perlin, Valerie Mcclain

Articles & Chapters

The robust neuroimaging debate has dealt mostly with philosophical questions about free will, responsibility, and the relationship between brain abnormalities, violence and crime. This debate, however, obscures several important issues of criminal procedure to which little attention has as of yet been paid: 1) an indigent defendant's right of access to expert testimony in cases where neuroimaging tests might be critical, 2) a defendant's competency to consent to the imposition of a neuroimaging test; and 3) the impact of antipsychotic medications on a defendant's brain at the time that such a test is performed. This article will consider these questions …

Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless

Articles

No abstract provided.

Uni – College Hill Neighborhood Parking Study, Brian L. Gedlinske

Other Faculty and Staff Publications

Adequate parking is often a challenging and a controversial issue that plagues most university campuses and the University of Northern Iowa (UNI) is no exception. According to the UNI Public Safety Department records, there are approximately 8,936 parking spaces on campus. However, the number of students, faculty, staff, and visitors on campus exceeds 16,000 daily. Adding to the campus parking controversy is the high density street parking that accompanies neighborhoods located near campus, an undesirable characteristic to perennial residents of Cedar Falls, Iowa. This high density street parking is largely the result of rental housing in the area combined with …

Law In The Shadow Of Bargaining: The Feedback Effect Of Civil Settlements, Ben Depoorter

Cornell Law Review

No abstract provided.

Death Ineligibility And Habeas Corpus, Lee Kovarsky

Cornell Law Review

No abstract provided.

Bulletin: General Catalog Issue 2010-2011, Portland State University

Bulletin & Curriculum Change Documents

No abstract provided.

Promiscuous Pioneers Of Morality : The Code Of Ethics Of A Secret Service Functionary In Communist Poland As Set By Law And Practice, 1944-1989, Leszek Murat

Legacy Theses & Dissertations (2009 - 2024)

In recent years the historical literature on the communist system has grown to significant proportions, yet it has not made a comprehensive attempt to answer the empirical question of how successful communist regimes were in inculcating their moral principles into societies. But the empirical conflict between ethics and realityb is crucial to understanding why communism eventually failed. My dissertation makes the first attempt to juxtapose the communist code of ethics, the morality it preached, and the ideal it championed, with ethical dilemmas, moral transgressions, and legal violations of the "purest of the pure" - communist security functionaries.

Regionalization Of Selected Police Services Through A Law Enforcement Council : Is It Worth The Cost?, Julie Schnobrich-Davis

Legacy Theses & Dissertations (2009 - 2024)

This research study presents results from an evaluation and cost effectiveness analysis of a regionalization of selected police services into a Law Enforcement Council approach, as practiced by the Metropolitan Law Enforcement Council (Metro-LEC). The Metro-LEC is a non-profit organization comprising forty three law enforcement agencies in the Commonwealth of Massachusetts. The results from wave two surveys administered to officers in the organization as well as a survey distributed to the Chief Executive Officers of the participating law enforcement agencies illustrate the overall effectiveness of the organization. Additionally, a cost effectiveness analysis presents data from the costs of operating regionalized …

The Only Constant Is Change: A Narrative On Ten Years Of Collaborative Chat Reference Service At San Jose Public Library, Ronna C. Nemer

Collaborative Librarianship

This article documents and highlights the evolution of collaborative, web-based chat reference service at a large metropolitan public library from 2000 to 2010.

Birmingham's Jewish Women And The Civil Rights Movement "We Could Have Done More", Kaye Cochran Nail

Vulcan Historical Review

pp. 171-191

2010 Dillon Lecture: Rebooting Indian Law In The Supreme Court, Matthew L. M. Fletcher

South Dakota Law Review

No abstract provided.

Independence Of Aviation Safety Investigation Authorities: Keeping The Foxes From The Henhouse, Paul Stephen Dempsey

Journal of Air Law and Commerce

No abstract provided.

Annual Report, Fiscal Year 2009-2010, Tennessee. Department Of Safety And Homeland Security

Annual Reports

This document is the annual report for the Tennessee Department of Safety and Homeland Security during the fiscal year.

News From The Flock, Vol. 2010 Issue 1, Sperry-Galligar Audubon Society

Sperry-Galligar Audubon Society Newsletters

No abstract provided.

Journal Of The House Of Representatives 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.

Peer Review Report 2010

United States Department of Transportation: Publications

The purpose of this document is to report findings from the research peer reviews held April 14, April 15, April 27 & April 28, 2010 for PHMSA’s Pipeline Safety Research and Development Program. The findings and recommendations in this report are derived from the scoring and comments collected from the peer review panelists.

Department of Transportation (DOT) Operating Agencies (OA) are required to develop and execute a systematic process for peer reviews and for all influential and highly influential information that the OA plans to disseminate in the foreseeable future.

Through the Information Quality Act, Congress directed the Office of …