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As Old As The Hills: Detention And Immigration, Lenni Benson

Articles & Chapters

No abstract provided.

Minimalism And Deliberative Democracy: A Closer Look At The Virtues Of "Shallowness", Matthew J. Steilen

Journal Articles

Cass Sunstein has long argued that judicial minimalism promotes democracy. According to Sunstein’s view, a court can encourage the political branches of government to address an issue by using doctrines such as vagueness, nondelegation, and desuetude. Although much has been written about minimalism, very little has been said about the democracy-promotion thesis in particular. Yet it is one of the central claims of contemporary minimalism. This article attempts to remedy the deficiency. It argues that minimalism does not promote democracy because minimalist decisions lack the depth necessary to trigger democratic deliberation. The argument occurs in three steps. First, the article …

Blast Off? — Strict Liability’S Potential Role In The Development Of The Commercial Space Market, Mark Flores

Richmond Journal of Law & Technology

The sun rises over the mountains in Southern New Mexico and the windows of Spaceport America blind those looking on at the terminal. A sudden boom shakes the ground and a plane unlike any other takes off toward the sky, leaving Spaceport America in the distance.

Geospatial Analysis Of Roadway Traffic Volume, Flow Simulation, And Air Pollution Impacts On Built Environment, Jessica Headrick

Electronic Theses and Dissertations

No abstract provided.

An Assessment Of White-Tailed Deer (Odocoileus Virginianus) Dynamics, Management, And Impacts In Highly Fragmented Landscapes, Bambi Shafer

Browse all Theses and Dissertations

Habitat and forage selection by deer can cause local extinction of plant species. In my research, I asked: 1) How do deer population growth rates in urban parks change through time? 2) Are culling rates and deer densities correlated? 3) Are browse rates on Trillium spp. and deer densities correlated? I used FLIR deer census data from Davis Aviation and culling data from Five Rivers MetroParks (Montgomery County, Ohio). I found that deer population growth rates generally declined from 2003 to 2008. The number of deer culled was positively correlated to the deer densities. The browse rates of Trillium spp. …

The Art Of Collaboration: Interlocal Collaboration In The Provision Of Fire Services In The Metropolitan Detroit Area, William David Hatley

Wayne State University Dissertations

Metropolitan regions have emerged in the United States as important economic units with numerous small local governments each providing various public services. The movement toward city-county consolidation has frequently been defeated at the polls. Frederickson (1999) argues that metropolitan areas have become so fragmented in their approach to service delivery that they constitute what he describes as a "disarticulated state", characterized by the declining salience of jurisdiction, the fuzziness of borders and an erosion of the capacity of the local jurisdiction to contain and, thereby, manage complex social, economic and political issues. Feiock (2009) contends that much of the urban …

Negotiating Implementation Of A Peace Agreement: Lessons Learned From Five Years At The Negotiating Table, Amos N. Guiora

Cardozo Journal of Conflict Resolution

For five years (1994-1999), I directly negotiated on-theground implementation of the Oslo Peace Process in the Gaza Strip. In my capacity as the Judge Advocate General's ("JAG") Corps Legal Advisor to the Israel Defense Forces ("IDF") Commander, Gaza Strip (1994-1997), I had primary responsibility for both interpretation and negotiation, first for the Gaza-Jericho Agreement and subsequently for the Interim Agreement as it applied to the Gaza Strip.

Criminal Justice Students' Perceived Effectiveness Of Campus Security Measures At Mid-South Universities, Jeffrey Michael Cottam

Electronic Theses and Dissertations

No abstract provided.

The Exclusionary Rule Lottery Revisited, Eugene Milhizer

Catholic University Law Review

No abstract provided.

Rebranding Public Nuisance: City Of Cleveland V. Ameriquest Mortgage Securities, Inc. As A Failed Response To Economic Crisis, Matthew Saunig

Catholic University Law Review

No abstract provided.

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

Intercultural Human Rights Law Review

This article demonstrates that the basic, analytical concept of a question of law in immigration court decisions is more expansive than is typically understood. I unearth and analyze confusion in immigration case law and propose some ways for us to think more clearly about the law-fact distinction, focusing on questions that involve the application of law to facts that have already been established - questions that are commonly called mixed questions. Part II of this article briefly traces the history of immigration judicial review, culminating with the REAL ID Act of 2005 and the jurisdictional savings clause contained in it. …

Good Things Come To Those Who Wait - Reconsidering Indeterminate And Indefinite Detention As Tools In U.S. Immigration Policy, Michael S. Vastine

Intercultural Human Rights Law Review

This article will primarily focus on illustrating examples of lengthy detention that surely seem unending to the immigrants involved, if not "indefinite" as determined by the U.S. Supreme Court. I will address all other aspects of detention more fully than actual "indefinite" detention. Detention is one of many tools at the disposal of DHS to assure orderly immigration and provide predictable consequences for violators of the United States immigration system. I hope to illustrate the frequently coercive affects of the detention scheme and argue that in some, if not many, contexts detention actually impedes the orderly administration of justice, despite …

Changes In The Wind: How Increased Detention Rates, New Medical Care Standards, And Ice Policy Shifts Alter The Debate On Immigrant Detainee Healthcare, Angela Morehouse

Intercultural Human Rights Law Review

This paper provides an analysis of the recent changes in immigration detainee healthcare and argues that ICE is taking significant and proactive steps to address the systemic failures of the prior regime. Briefly discussed at the conclusion of this paper is ICE's significant August 6, 2009 announcement that it is enacting additional major reforms to the immigration detention system. This critical development lends credence to this paper's argument that ICE is developing a workable framework for providing appropriate healthcare to immigrant detainees. However, as the announcement came after this paper had been written, a detailed discussion of how those changes …

“All The Men Here Have The Peter Pan Syndrome— They Don’T Want To Grow Up”: Navajo Adolescent Mothers’ Intimate Partner Relationships—A 15-Year Perspective, Rochelle L. Dalla, Alexandria M. Marchetti, Elizabeth (Beth) A. Sechrest, Jennifer L. White

Department of Child, Youth, and Family Studies: Faculty Publications

In 1992 and 1995, data were collected from 29 Navajo Native American adolescent mothers. In 2007 and 2008, data were collected from 21 of the original 29 (72%). Guided by feminist family theory, this investigation sought to (a) examine Navajo adolescent mothers’ intimate partner relationships during the transition to parenthood, (b) identify themes in the young mothers’ intimate partnerships across time, and (c) assess participants’ psychosocial well-being in adulthood. Four themes emerged in the women’s long-term intimate relationships: limited support, substance abuse, infidelity, and intimate partner violence. Implications of the findings and suggestions for future research are discussed.

An Exclusive Countryside? Crime Concern, Social Exclusion And Community Policing In Two English Villages, Richard Yarwood

School of Geography, Earth and Environmental Sciences

No abstract provided.

Governing? Gentrifying? Seceding? Real-Time Answers To Questions About Business Improvement Districts, Nicole Stelle Garnett

Journal Articles

Business improvement districts (BIDs) have become a ubiquitous feature of the urban development toolkit. An important - perhaps the most important - instantiation of the trend in urban governance toward the devolution of local authority to new sublocal, quasi-governmental institutions, BIDs play an important role in urban re-development efforts, especially efforts to revitalize downtowns and satellite center-city business districts. Drawing upon case studies of Philadelphia’s BIDS, this symposium essay seeks to answer three questions about how BIDs actually work on the ground: First, whether BIDs are actually functioning as local governments rather than quasi-private providers of supplemental services; second, whether …

The Order-Maintenance Agenda As Land Use Policy, Nicole Stelle Garnett

Journal Articles

Debates about the broken windows hypothesis focus almost exclusively on whether the order-maintenance agenda represents wise criminal law policy — specifically on whether, when, and at what cost, order-maintenance policing techniques reduce serious crime. These questions are important, but incomplete. This Essay, which was solicited for a symposium on urban-development policy, considers potential benefits of order-maintenance policies other than crime-reduction, especially reducing the fear of crime. The Broken Windows essay itself urged that attention to disorder was important not just because disorder was a precursor to more serious crime, but also because disorder undermined residents’ sense of security. The later …

The Cross-Dressing Case For Bathroom Equality, Jennifer Levi, Daniel Redman

Faculty Scholarship

This Article offers a new set of arguments for transgender equality based on a little-known series of cases in which courts declined to enforce cross-dressing laws against transgender defendants. As shown below, the arguments brought by the defenders of these laws closely mirror the arguments brought today in favor of bathroom discrimination. The Authors discuss both the bathroom and cross-dressing debates in historical context, draw out the underlying reasoning in the two sets of cases,and argue that the reasoning that supports bathroom discrimination is as flawed as the reasoning behind criminal cross-dressing laws. The analysis also suggests that, just as …

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

Maryland Law Review

No abstract provided.

Retribution And Reform, Chad Flanders

Maryland Law Review

No abstract provided.

Litigation Over Prison Medical Services, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Virginia Dental Journal (Vol. 87, No. 1, 2010)

Virginia Dental Journal

No abstract provided.

Something Stinks: The Need For Environmental Regulation Of Puppy Mills, Melissa Towsey

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Outsourcing Criminal Prosecution?: The Limits Of Criminal Justice Privatization, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

In an era of scarce public resources, many jurisdictions are being forced to take drastic measures to address severe budgetary constraints on the administration of criminal justice. As prosecutors' budgets around the nation are being scaled back and enforcement capacities are being narrowed, one conceivable response is the outsourcing of the criminal prosecution function to private lawyers. Indeed, prosecution outsourcing currently is utilized in surprising measure by jurisdictions in the United States.

This Article, prepared for the University of Chicago Legal Forum Symposium on Crime, Criminal Law, and the Recession, argues that the outsourcing trend in criminal justice-seen most prominently …

The Disregarding Of The Rehabilitative Spirit Of Juvenile Codes: Addressing Resentencing Hearings In Blended Sentencing Schemes, Grace Shear

Kentucky Law Journal

No abstract provided.

The Many Faces Of Strict Scrutiny: How The Supreme Court Changes The Rules In Race Cases, Evan Gerstmann, Christopher Shortell

Political Science and International Relations Faculty Works

In this paper, we argue that there is no single test called strict scrutiny when the Court considers claims of racial discrimination. In fact, the Court changes the rules depending on why and how the government is using race. By examining racial redistricting, remedial affirmative action, and diversity-based affirmative action cases, we show how the Court uses at least three very different versions of strict scrutiny. The costs of maintaining the fiction of unitary strict scrutiny is high. In the area of racial profiling, for example, courts refuse to apply strict scrutiny for fear that it will either overly hamper …

When Is A Lot Still Not Enough? Health Information, The Public Good And Privacy Rights, Robert J. Mcgrath

The University Dialogue

No abstract provided.

A Lose-Lose Situation: Analyzing The Implications Of Investigatory Pretexting Under The Rules Of Professional Responsibility, Jeannette Braun

Case Western Reserve Law Review

No abstract provided.

Affordable Private Education And The Middle Class City, Nicole Stelle Garnett

Journal Articles

This Essay, which was prepared for a University of Chicago Law School’s symposium on “Rethinking the Local Government Toolkit,” argues that affordable private schools serve an important urban-development function: They partially unbundle the residential and educational decisions of families with children. Thus, state and local officials hoping to make our make central city neighborhoods attractive places to raise children should consider employing a familiar urban development tool - tax incentives - to make quality private schools more financially accessible to middle-income families. The Essay proceeds in three parts. Part I builds the case for a middle class city. Part II …

Fostering Social Enterprise: A Historical And International Analysis, Matthew F. Doeringer

Duke Journal of Comparative & International Law

No abstract provided.