Digital Commons Network^™

Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri

Articles

No abstract provided.

First Principles For And Effective Federal Housing Policy, David Reiss

Faculty Scholarship

No abstract provided.

Closing The Loop On Guantanamo, Scott Sullivan, Joshua Colangelo-Bryan

Journal Articles

No abstract provided.

We Call Ourselves By Many Names: Storytelling And Inter-Minority Coalition-Building, Celina Su

Publications and Research

Scholars debate whether new immigrants will join minority native-born groups, especially African-Americans, in battling racial disparities, income inequalities, and discrimination in the United States. Although scholars have investigated inter-minority coalition-building in the context of electoral politics, a substantial share of newer immigrant social and political action has not been formalized. Social change organizations play an integral role in less formalized politics. The article draws upon ethnographic data on two case study organizations to investigate how they built coalitions between immigrants and non-immigrants. It pinpoints the ways in which they engaged in storytelling to emphasize multiple identity – namely, how any …

Management Of Damage By Elk (Cervus Elaphus) In North America: A Review, W. David Walter, Michael J. Lavelle, Justin W. Fischer, Therese L. Johnson, Scott E. Hygnstrom, Kurt C. Vercauteren

United States Department of Agriculture Wildlife Services: Staff Publications

Abundant populations of elk (Cervus elaphus) are cherished game in many regions of the world and also cause considerable human–wildlife conflicts through depredation on agriculture and specialty crops, lack of regeneration to native ecosystems, collisions with vehicles and transmission of disease between free-ranging and farmed hoofstock. Management of elk varies, depending on current and historical agency objectives, configuration of the landscapes elk occupy, public perception, population density and behaviour of elk. Selection of the method to manage elk often requires knowledge of timing of impacts, duration relief from elk damage is desired, cost-effectiveness of management activities, tolerance of …

Towards A Seamless Support Sysetm For Federally Sentenced Women Returning To The Community, Jessica Hutchison

Theses and Dissertations (Comprehensive)

Women are the fastest growing prison population in the world. Furthermore, there has been a significant increase in the numbers of federally sentenced women identified as having a mental health problem. The goal of this study was to determine how the Waterloo Region can create a seamless support system for women with mental health issues leaving Grand Valley Institution for Women (GVI). An anti-oppressive framework was used, which emphasizes issues of power and oppression within the lives of individuals who have been marginalized and oppressed. Three participant groups took part in this research: (a) 12 women with mental health issues …

What Does Graham Mean In Michigan?, Kimberly A. Thomas

Articles

In Graham v. Florida, the United States Supreme Court held that life without parole could not be imposed on a juvenile offender for a nonhomicide crime.1 In this context, the Graham Court extensively discussed the diminished culpability of juvenile criminal defendants, as compared to adults. The Court relied on current scientific research regarding adolescent development and neuroscience. While the narrowest holding of Graham has little impact in Michigan, the science it relies on, and the potential broader implications for adolescents in Michigan, are significant.

Leveraging Asylum, James C. Hathaway

Articles

I believe that the analysis underlying the leveraged right to asylum is conceptually flawed. As I will show, there is no duty of non-refoulement that binds all states as a matter of customary international law and it is not the case that all persons entitled to claim protection against refoulement of some kind are ipso facto entitled to refugee rights. These claims are unsound precisely because the critical bedrock of a real international legal obligation-namely, the consent of states evinced by either formal commitments or legally relevant actions -does not yet exist.

Regulating Segregation: The Contribution Of The Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger

Articles

Over recent decades, solitary confinement for prisoners has increased in prevalence and in salience. Whether given the label "disciplinary segregation," "administrative segregation," "special housing," "seg," "the hole," "supermax," or any of a dozen or more names, the conditions of solitary confinement share basic features: twenty-three hours per day or more spent alone in a cell, with little to do and no one to talk to, and one hour per day or less in a different, but no less isolated, setting-an exercise cage or a space with a shower. Long-term segregation units operated along these lines are extraordinarily expensive to build …

Business Planning For New Ventures, Mike Roer, Benoit Boyer, Ken Kollmeyer, Matthew Smith

WCBT Faculty Publications

Table of contents:

Assessing Entrepreneurial Aptitude -- Identifying Sources of Capital -- Selecting a Legal Structure -- Preparing the Business Plan -- Presenting the Plan to Capital Providers -- Glossary.

Lost Children: The Abuse And Neglect Of Minors In Polygamous Communities Of North America, Kelly R. Schwab

Cardozo Journal of Equal Rights & Social Justice

The note examines the challenges of addressing child abuse in polygamous communities, highlighting the tension between religious freedom and child protection. It argues that while religious beliefs are protected under the First Amendment, religious conduct, such as polygamy, should not be exempt from legal scrutiny when it harms children. The author advocates for courts to prioritize children's best interests over religious practices, especially in cases involving criminal activities like polygamy.

Sects' Offenders: The Inefficacy Of Sex Offender Residency Laws And Their Burdens On The Free Exercise Of Religion, Amol N. Sinha

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Spatial Inequality As Constitutional Infirmity: Equal Protection, Child Poverty And Place, Lisa R. Pruitt

Montana Law Review

Spatial Inequality as Constitutional Infirmity

Matters Of Public Safety And The Current Quarrel Over The Scope Of The Quarles Exception To Miranda, Rorie A. Norton

Fordham Law Review

In October 1984, the Burger Court set forth an exception to the Miranda doctrine in New York v. Quarles permitting officers to intentionally abstain from administering Miranda warnings to suspects where a threat to the safety of the public or officers exists. However, latent ambiguity arising from the Quarles decision authored by Justice William Rehnquist has resulted in a split among the federal courts of appeals as to what constitutes a “public safety threat.” Some courts broadly extend the Quarles exception to inherently dangerous situations, including the threat of an officer mishandling an undiscovered weapon. Other courts narrowly apply Quarles …

The Texas Mis-Step: Why The Largest Child Removal In Modern U.S. History Failed, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

This Article sets forth the historical and legal reasons as to how the State of Texas botched the removal of 439 children from the Fundamentalist Church of Jesus Christ of Latter-Day Saints parents residing in Eldorado, Texas. The Department of Family and Protective Services in Texas overreached its authority by treating this case like a class-action removal based on an impermissible legal argument, rather than focusing on the facts and circumstances that could have been substantiated for a select group of children at risk. This impermissible legal argument regarding the “pervasive belief system” of a polygamist sect that allowed minor …

Consumer Protection In An Ebay Marketplace: An Analysis Of The Supreme Court Of New Jersey's Radir Wheels Decision To Extend Liability Under The New Jersey Consumer Fraud Act To Individual Ebay Sellers, William J. Diggs

Seton Hall Law Review

No abstract provided.

Solving The Medical Crisis For Immigration Detainees: Is The Proposed Detainee Basic Medical Care Act Of 2008 The Answer, Brianna M. Mooty

Minnesota Journal of Law & Inequality

No abstract provided.

Performance Management Process Report: John Jay College Year End Results 2009-2010, John Jay College Of Criminal Justice

Reports and Publications from John Jay College

No abstract provided.

Katz In The Era Of Mobile Computing: How Society's Changing Expectations Of Privacy Impact The Law, Michael B. Fusco

Student Works

No abstract provided.

An Exploratory Investigation Of The Practice Of Planned Unit Development And Its Theoretical Implementation In The “Second Life” Virtual Community, Ryan M. Jennings

Student Works

No abstract provided.

How To Tame The New Wild-Wild West: Potential Lassos For Virtual Crime, Ian Leyden

Student Works

No abstract provided.

Public Consensus As Constitutional Authority, Richard A. Primus

Articles

Barry Friedman's new book The Will of the People attempts to dissolve constitutional law's countermajoritariand ifficulty by showing that, in practice,t he Supreme Court does only what the public will tolerate. His account succeeds if "the countermajoritarian difficulty" refers to the threat that courts will run the country in ways that contravene majority preference, but not if the "the countermajoritarian difficulty" refers to the need to explain the legitimate sources of judicial authority in cases where decisions do contravene majority preference. Friedman's book does not pursue the second possibility, and may suggest that doing so is unimportant, in part because …

Slipping Through The Cracks: Why Can't We Stop Drugged Driving?, Tina Wescott Cafaro

Faculty Scholarship

Part I of this Article briefly explains the history of impaired driving laws, with respect to both alcohol and drugs. It then sets forth the various frameworks currently in place to establish that an individual is OUI drugs and evaluates the effectiveness of each standard. Part II discusses the impediments to detecting and prosecuting OUI drug cases. This section details the difficulties associated with the science behind drugged driving, including determining the effect a drug may have on an individual as well as the validity of tests used to determine if one has a drug in their system. Part II …

Assesment Of Motorcycle Safety In Alabama, Santosh Chitikesi

All ETDs from UAB

No abstract provided.

Characteristics Of Fundraising For Nonprofit Hospital Organizations, Cathleen Owens Erwin

All ETDs from UAB

This study addresses a gap that has been noted in the charitable fundraising literature, which is a scarcity of theoretically-based studies of fundraising by nonprofit organizations and the need to study fundraising within sub-sectors of organizations rather than the full nonprofit sector. The study uses institutional theory and strategic management constructs to examine the characteristics of the fundraising operations of nonprofit organizations. A categorization scheme is created based on nonprofit organizational effectiveness and performance characteristics to analyze fundraising by nonprofit hospital organizations as an organizational field. The categorization scheme identifies distinct clusters of organizations that are then investigated to determine …

First Principles For An Effective Federal Housing Policy, David J. Reiss

Brooklyn Journal of International Law

No abstract provided.

The Next Step: The Future Of New York State's Human Trafficking Law, Marisa Nack

Journal of Law and Policy

No abstract provided.

Black And Brown Coalition Building During The Post-Racial Obama Era, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

This essay explores how the past Civil Rights Movement and discrimination against persons of color, mainly Latinos and African Americans, can help to address current forms of discrimination in our country. In particular, since the election of the first African American President, who also has immigrant parents, many people have claimed that we have reached a “post-racial” America. In the new post-racial America, proponents claim that the pre-Civil Rights Movement racial caste system of the sixties has been eradicated. In this context, this essay seeks to explore whether there is any link between the past experiences of African Americans with …

Innocence Commissions And The Future Of Post-Conviction Review, David Wolitz

Georgetown Law Faculty Publications and Other Works

In the fall of 2006, North Carolina became the first state to establish an innocence commission – a state institution with the power to review and investigate individual post-conviction claims of actual innocence. And on February 17, 2010, after spending seventeen years in prison for a murder he did not commit, Greg Taylor became the first person exonerated through the innocence commission process. This article argues that the innocence commission model pioneered by North Carolina has proven itself to be a major institutional improvement over conventional post-conviction review. The article explains why existing court-based procedures are inadequate to address collateral …

You Got The Job, Now What?: An Evaluation Of The New Employee Orientation Program At The University Of Montana, Shiloh M. A. Sullivan

Graduate Student Theses, Dissertations, & Professional Papers

When new members begin their employment with an organization, they make a transition from being an outsider to an insider. A significant moment arranged by the organization to facilitate socialization is the New Employee Orientation (NEO). This evaluation examines NEO in relation to the encounter stage of the socialization process. Focusing on what and how information is provided during the NEO program at the University of Montana (UM), this evaluation is based on research of the informational components of Klein and Weaver (2000) and the socialization tactics from Van Maanen and Schein (1979). General conclusions regarding NEO and socialization as …