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Articles 1891 - 1920 of 2244
Full-Text Articles in Entire DC Network
Who Should Authorize A Commuter Tax?, Clayton P. Gillette
Who Should Authorize A Commuter Tax?, Clayton P. Gillette
Faculty Articles
The decision to impose a commuter tax - a tax on income earned within the city by nonresidents - is typically made at the state level. There are both doctrinal and economic reasons for this allocation of authority. Cities are creatures of the states of which they are political subdivisions, and legal doctrine requires that they receive either state legislative or constitutional approval before exercising authority. States have jealously guarded their prerogatives over the taxing power. Perhaps there is nothing surprising about this state of affairs with respect to commuter taxes. After all, the natural stopping point for the exercise …
Criminal Analysis And The Effect On Police Decision Making, Deanna T. Dimartino
Criminal Analysis And The Effect On Police Decision Making, Deanna T. Dimartino
Electronic Theses and Dissertations
No abstract provided.
Protecting Water Resources And Managing Stormwater: A Bird's Eye View For New Hampshire Communities, Julia Peterson, Amanda Stone, James J. Houle
Protecting Water Resources And Managing Stormwater: A Bird's Eye View For New Hampshire Communities, Julia Peterson, Amanda Stone, James J. Houle
UNH Stormwater Center
No abstract provided.
Behavioral Decision Theory And Implications For The Supreme Court's Campaign Finance Jurisprudence, Molly J. Walker Wilson
Behavioral Decision Theory And Implications For The Supreme Court's Campaign Finance Jurisprudence, Molly J. Walker Wilson
Cardozo Law Review
America stands at a moment in history when advances in the understanding of human decision-making are increasing the strategic efficacy of political strategy. As campaign spending for the presidential race reaches hundreds of millions of dollars, the potential for harnessing the power of psychological tactics becomes considerable. Meanwhile, the Supreme Court has characterized campaign money as "speech" and has required evidence of corruption or the appearance of corruption in order to uphold restrictions on campaign expenditures. Ultimately, the Court has rejected virtually all restrictions on campaign spending on the ground that expenditures, unlike contributions, do not contribute to corruption or …
Point Of Sale Advertising: Baseline Policy Assessment, Center For Public Health Systems Science, Sarah Moreland-Russell, Julianne Cyr, Doneisha Snider
Point Of Sale Advertising: Baseline Policy Assessment, Center For Public Health Systems Science, Sarah Moreland-Russell, Julianne Cyr, Doneisha Snider
Center for Public Health Systems Science
This report provides an overview of the retail environment and point of sale advertising in a sample of St. Louis County tobacco retailers. These findings were provided to the St. Louis County Department of Health and other CPPW stakeholders, including the Leadership Team, to help inform intervention efforts for strengthening point of sale policies.
Affordable Private Education And The Middle Class City, Nicole Stelle Garnett
Affordable Private Education And The Middle Class City, Nicole Stelle Garnett
University of Chicago Law Review
City leaders, who have struggled for decades with public education reform, are well aware that good schools are needed to attract residentially mobile families to urban neighborhoods. But, while critically important, public education reform alone is not enough. Rather, state and local officials hoping to make our central city neighborhoods attractive places to raise children should come to understand that affordable private schools serve an important urban-development function: they partially unbundle the residential and educational decisions of families with children. Most middle class families, however, cannot afford to send their children to private schools. Thus, state and local officials hoping …
Who Should Authorize A Commuter Tax?, Clayton P. Gillette
Who Should Authorize A Commuter Tax?, Clayton P. Gillette
University of Chicago Law Review
The decision to impose a commuter tax — a tax on income earned within the city by nonresidents — is typically made at the state level. There are both doctrinal and economic reasons for this allocation of authority. Cities are creatures of the states of which they are political subdivisions, and legal doctrine requires that they receive either state legislative or constitutional approval before exercising authority. States have jealously guarded their prerogatives over the taxing power. Perhaps there is nothing surprising about this state of affairs with respect to commuter taxes. After all, the natural stopping point for the exercise …
Evaluation Of Transient Cognitive Changes From Maximal Exertion And Respirator Wear, Sally Martinsen Bardsley
Evaluation Of Transient Cognitive Changes From Maximal Exertion And Respirator Wear, Sally Martinsen Bardsley
Graduate Student Theses, Dissertations, & Professional Papers
A comprehensive occupational respiratory protection program is mandated by federal law to protect workers exposed to breathing hazardous atmospheres. Those wearing respirators and/or performing high-intensity physical work may endure physiological and/or psychological impairment from cardiorespiratory stress, respirator anxiety, and working in hazardous conditions. The effects of multiple stressors may impede or override physiological and psychological adaptation mechanisms, causing cognitive deterioration or disruption when clarity and speed of thought and action are crucial. This study examined transient cognitive differences due to activity, respirator, and gender wear through examination of archival data collected during two studies that evaluated the physiological effects of …
Fine-Labor: The Symbiosis Between Monetary And Work Sanctions, Martin H. Pritikin
Fine-Labor: The Symbiosis Between Monetary And Work Sanctions, Martin H. Pritikin
University of Colorado Law Review
Monetary sanctions (fines and restitution) and work sanctions are theoretically superior to incarceration: they can deliver deterrence more cheaply, benefit victims tangibly, and promote offender rehabilitation. Yet incarceration remains the dominant punishment in America, even where incapacitation concerns are secondary. This is due in large part to practical drawbacks to the alternatives: monetary sanctions are difficult to enforce and do not seem punitive enough, and unions have successfully lobbied against the competitive threat of convict labor. In a hybrid "fine-labor" system, in which offenders are made to work to pay fines and restitution, the work component could remedy the flaws …
Legislatures, Judges, And Parole Boards: The Allocations Of Discretion Under Determinate Sentencing, Dhammika Dharmapala, Nuno Garoupa, Joanna M. Shepherd
Legislatures, Judges, And Parole Boards: The Allocations Of Discretion Under Determinate Sentencing, Dhammika Dharmapala, Nuno Garoupa, Joanna M. Shepherd
Faculty Scholarship
The most significant development in criminal sentencing in recent decades has been the shift from indeterminate to determinate sentencing. Yet no study has systematically explored the factors leading to this shift. In this Article, we provide the first analysis to explain why state legislatures enact reforms that significantly reduce both judges' and parole boards' discretion over criminal sentencing. First, we develop a political economy model that explains why legislatures acting in their own self-interest may be motivated to enact these laws. Our model predicts that legislatures are more likely to enact determinate sentencing reforms when there is tension among the …
Too Good To Be True: Second Thoughts On The Proliferation Of Mental Health Counts, H Archibald Kaiser
Too Good To Be True: Second Thoughts On The Proliferation Of Mental Health Counts, H Archibald Kaiser
Articles, Book Chapters, & Popular Press
The last two decades have witnessed the proliferation of mental health courts, proffered by governments as an efficacious and sometimes exclusive response to the complex social dynamics causing the criminalization of persons who live with mental health problems. the ready embrace of this variant of the problem-solving-courts genre has diverted policy-makers and citizens from confronting the root causes of the challenging intersection of mental illness and crime. the new courts have acquired a legitimacy that belies a wide range of doubts about their existence and operation. this commentary will offer a counterpoint to the accelerating momentum of mental health courts. …
Watch Your Language: A Review Of The Use Of Stigmatizing Language By Canadian Judges, Jocelyn Downie, Michelle Black
Watch Your Language: A Review Of The Use Of Stigmatizing Language By Canadian Judges, Jocelyn Downie, Michelle Black
Articles, Book Chapters, & Popular Press
Despite ongoing advances in understanding the causes and prevalence of mental health issues, stigmatizing language is still often directed at people who have mental illness. Such language is regularly used by parties, such as the media, who have great influence on public opinion and attitudes. Since the decisions from Canadian courtrooms can also have a strong impact on societal views, we asked whether judges use stigmatizing language in their decisions. To answer this question, we conducted a qualitative study by searching through modern Canadian case law using search terms that were indicative of stigmatizing language. We found that, although judges …
The Role Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia
The Role Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia
Faculty Scholarship
The concept of "prosecutorial discretion" appears in the immigration statute, agency memoranda and court decisions about select immigration enforcement decisions. Prosecutorial discretion extends to decisions about which offenses or populations to target; whom to stop, interrogate, and arrest; whether to detain or release a noncitizen; whether to initiate removal proceedings; and whether to execute a removal order; among other decisions. Similar to the criminal context, prosecutorial discretion in the immigration context is an important tool for achieving cost-effective law enforcement and relief for individuals who present desirable qualities or humanitarian circumstances. Yet there is a dearth of literature on the …
Iqbal And Supervisory Immunity, Kit Kinports
Iqbal And Supervisory Immunity, Kit Kinports
Faculty Scholarship
Prior to the Supreme Court’s 2009 decision in Ashcroft v. Iqbal, the federal courts generally acknowledged that high-ranking government officials could be held liable for the constitutional injuries inflicted by their subordinates, though they differed on the appropriate standard of supervisory liability. In Iqbal, the Supreme Court called this case law into question, holding that constitutional tort liability hinges on proof that each defendant, “through the official’s own individual actions, has violated the Constitution.” The Court’s cursory treatment of this issue, without the benefit of briefing or oral argument, was based entirely on the misguided assumption that the doctrine of …
Databases, Doctrine, And Constitutional Criminal Procedure, Erin Murphy
Databases, Doctrine, And Constitutional Criminal Procedure, Erin Murphy
Fordham Urban Law Journal
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 …
Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller
Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller
Fordham Urban Law Journal
No abstract provided.
The Nas Report: In Pursuit Of Justice, Geoffrey S. Mearns
The Nas Report: In Pursuit Of Justice, Geoffrey S. Mearns
Fordham Urban Law Journal
This article discusses the NSA report entitled “Strengthening Forensic Science in the United States: A Path Forward.” It argues that law enforcement officials should embrace the recommendations in the NAS report. The Committee identified many of the systemic problems that plague forensic science, and the report identified thirteen specific recommendations to address these systemic problems.
Are All Perpetrators Alike? Comparing Risk Factors For Sexual Coercion And Aggression, Sarah Degue, David K. Dilillo, Mario J. Scalora
Are All Perpetrators Alike? Comparing Risk Factors For Sexual Coercion And Aggression, Sarah Degue, David K. Dilillo, Mario J. Scalora
Department of Psychology: Faculty Publications
The present study developed and contrasted predictive models of male nonphysical sexual coercion (e.g., verbal pressure or manipulation) and physical sexual aggression (e.g., incapacitation, physical force, or threats) using a sample of 369 incarcerated males to identify shared and unique risk factors for each form of sexual perpetration. Results revealed a set of shared risk characteristics that predisposed individuals to both sexual coercion and aggression (i.e., belief in rape myths, sexual promiscuity, aggressive tendencies, and empathic deficits). In addition, findings indicated that whether the offenders engaged in only sexual coercion or also used more violent sexually aggressive tactics depended on …
Service For All: Mental Health Services For At-Risk Children, Miquel Lewis, Michael Fletcher, Randell Strickland
Service For All: Mental Health Services For At-Risk Children, Miquel Lewis, Michael Fletcher, Randell Strickland
Public Interest Law Reporter
No abstract provided.
Low-Income Health Care Networks: Initial Conditions, Extent, And Intensity Relevant To County Government Participation, Hillary Knepper
Low-Income Health Care Networks: Initial Conditions, Extent, And Intensity Relevant To County Government Participation, Hillary Knepper
Electronic Theses and Dissertations
Contemporary health care systems in the United States are not equitable. Indeed, as the literature indicates, there are substantial differences in the variety and scope of service delivery based on age, income, and other socio-economic indicators. The recent passage of health care reform in the United States illustrates that Americans are seeking to bring balance and equity to health care. However, as learned in this study, county governments across the country have been working in their communities to ensure some balance and equity, by making a safety net available for those citizens who are unable to access health care. Perhaps …
Public Attitudes Toward Applying Sex Offender Registration Laws To Juvenile Offenders, Jessica M. Salerno, Margaret C. Stevenson, Tisha R. A. Wiley, Cynthia J. Najdowski, Bette L. Bottoms, Rachel A. Schmillen
Public Attitudes Toward Applying Sex Offender Registration Laws To Juvenile Offenders, Jessica M. Salerno, Margaret C. Stevenson, Tisha R. A. Wiley, Cynthia J. Najdowski, Bette L. Bottoms, Rachel A. Schmillen
Psychology Faculty Scholarship
In this chapter, we provide a summary of current registration laws for juvenile sex offenders across the United States and discuss the assumptions that drive these laws. We consider whether these assumptions have been supported or refuted by the research produced on the topic thus far. Then, turning to new data from our own laboratory, we discuss public perceptions of registration laws. This is an important issue because expansion of registry laws to juveniles might be driven by strong public support—or politicians' and policy makers' perceptions that there is public support—for expansion of the registry. As we discuss, research does …
Investigation And Prosecution Of Sexual Assault, Domestic Violence, And Stalking, André B. Rosay, Darryl S. Wood, Marny Rivera, Greg Postle, Katherine Tepas
Investigation And Prosecution Of Sexual Assault, Domestic Violence, And Stalking, André B. Rosay, Darryl S. Wood, Marny Rivera, Greg Postle, Katherine Tepas
Reports
This project examined sexual assault, domestic violence, and stalking cases reported to the Alaska State Troopers. More specifically, we examined all sexual assault and sexual abuse of minor incidents reported to Alaska State Troopers in 2003 and 2004, all assaults in domestic violence incidents reported to Alaska State Troopers in 2004, and all stalking incidents reported to Alaska State Troopers from 1994 to 2005. In addition, we examined whether cases were referred to the Alaska Department of Law for prosecution, were accepted for prosecution, and resulted in a conviction. This report provides a thorough overview of key characteristics on reports, …
Green Local Governments In Florida: Assessment Of Sustainability Performance, Naimish Upadhyay, Robert Brinkmann
Green Local Governments In Florida: Assessment Of Sustainability Performance, Naimish Upadhyay, Robert Brinkmann
School of Geosciences Faculty and Staff Publications
The sustainability performance of local governments that adopted the Florida Green Building Coalition’s Green Local Government standard was evaluated using a web-based review and survey of 26 local governments within the context of the Three Es of environment, equity, and economic development. The results indicate that while many local governments exhibit a broad commitment to sustainability as evidenced by the inclusion of sustainability in formal documents, such efforts are not present across all government functions or departments. In addition, while local issues are often addressed, interrelated sustainability goals of equity and economic development are not clearly articulated. Most local governments …
Legislatures, Judges, And Parole Boards: The Allocations Of Discretion Under Determinate Sentencing, Dhammika Dharmapala, Nuno Garoupa, Joanna Shepherd
Legislatures, Judges, And Parole Boards: The Allocations Of Discretion Under Determinate Sentencing, Dhammika Dharmapala, Nuno Garoupa, Joanna Shepherd
Faculty Articles
The most significant development in criminal sentencing in recent decades has been the shift from indeterminate to determinate sentencing. Yet no study has systematically explored the factors leading to this shift. In this Article, we provide the first analysis to explain why state legislatures enact reforms that significantly reduce both judges’ and parole boards’ discretion over criminal sentencing. First, we develop a political economy model that explains why legislatures acting in their own self-interest may be motivated to enact these laws. Our model predicts that legislatures are more likely to enact determinate sentencing reforms when there is tension among the …
Challenging Ohio's Adam Walsh Act: Senate Bill 10 Blurs The Line Between Punishment And Remedial Treatment Of Sex Offenders, Daniel J. Schubert
Challenging Ohio's Adam Walsh Act: Senate Bill 10 Blurs The Line Between Punishment And Remedial Treatment Of Sex Offenders, Daniel J. Schubert
University of Dayton Law Review
No abstract provided.
Barrio Capital De Analco: A Living Capitol Neighborhood For Santa Fe, New Mexico, The 2009 Urban Design Studio, Andrew C. Von Maur, Paula Dronen, Daniel Acevedo
Barrio Capital De Analco: A Living Capitol Neighborhood For Santa Fe, New Mexico, The 2009 Urban Design Studio, Andrew C. Von Maur, Paula Dronen, Daniel Acevedo
Books
Diverse cultures and the high desert have always defined the unique American story of Santa Fe. For centuries Santa Feans have shaped their city’s buildings and spaces for economic opportunity while conserving the precious natural resources of northern New Mexico. This history of continuous change and preservation has yielded the distinctive identity of Santa Fe. Its spirit and values are manifested in its people and culture, its art and architecture, and its health-giving natural beauty. Within this context, Santa Fe seeks to cultivate a Living Tradition, rooted in its past and anticipating the future. Restored and improved for the next …
Fire Pattern Analysis, Junk Science, Old Wives Tales, And Ipse Dixit: Emerging Forensic 3d Imaging Technologies To The Rescue?, Thomas R. May
Fire Pattern Analysis, Junk Science, Old Wives Tales, And Ipse Dixit: Emerging Forensic 3d Imaging Technologies To The Rescue?, Thomas R. May
Richmond Journal of Law & Technology
Forensic science is undergoing a period of transformation as legal and scientific forces converge and force older forensic sciences toward a new scientific paradigm. Fire investigative undertakings are not an exception to this trend. Skeptical defense attorneys who routinely formulate astute Daubert challenges to contest the scientific validity and reliability of every major forensic science discipline are one catalyst to this revolution. Furthermore, a steady influx of novel scientific advances makes possible the formulation of consistent and scientifically-based quantitative forensic evidence analyses to overcome the “undervalidated and oversold” problems affecting many areas of forensic science.
Reforming 501(C)(3): Putting The Charity Back In The Charitable Deduction, Jennifer Mccrabb Black
Reforming 501(C)(3): Putting The Charity Back In The Charitable Deduction, Jennifer Mccrabb Black
Richmond Public Interest Law Review
This paper seeks to lay out a proposal to redefine what it takes to receive tax-deductible donations. Part H of this paper will summarize the current state of the law as it applies to the charitable contribution deduction and the qualification for tax exemption under the Internal Revenue Code. Part III discusses the Charities Act 2006, a recent British act aimed at attempting to redefine charity for England and Wales by requiring organizations to prove that they provide a public benefit before receiving the benefits of being a charity. Part IV proposes additions and changes to the Internal Revenue Code …
Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities - How Senate Bill 585 Could Have Helped, Jillian Malizio
Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities - How Senate Bill 585 Could Have Helped, Jillian Malizio
Richmond Public Interest Law Review
The right to counsel is a fundamental right, one the framers of our Constitution intended to apply to all American citizens. Virginia statutes and case law have protected the rights of incarcerated adults and it is now time to grant those same protections to the juveniles in their custody. Part II of this comment will review the requirement of a prisoner's right to "meaningful access" to the courts from both an adult and juvenile's perspective. An examination of jurisprudence from the Supreme Court of the United States, and Circuit Courts, reveals the history and importance of "meaningful access" and shows …
Notable Bills Of The 2010 Virginia General Assembly
Notable Bills Of The 2010 Virginia General Assembly
Richmond Public Interest Law Review
Includes House and Senate Bills from the 2010 General Assembly