Digital Commons Network^™

Torture Cannot Be Used As A National Security Policy, Peter Moshang

Honors Theses

This paper looks at the acceptability of torture as a national security policy to combat terrorism. This paper finds that torture is an ineffective and unconstitutional practice. It also explains that torture infringes upon the most basic human rights as well as basic democratic rights. The legalization of torture for antiterrorism would lead to the expansion of torture in the future as society became more accepting of torture. The legalization of torture could increase the amount of torture that occurs across the globe because the United States often sets global precedents. Finally, this paper explains that a national security option …

No Hope For Redemption: The False Choice Between Safety And Justice In Hope Vi Ex-Offender Admissions Policies, Kathleen F. Donovan

DePaul Journal for Social Justice

No abstract provided.

Disproportionate Disenfranchisement Of Aboriginal Prisoners: A Conflict Of Law That Australia Should Address, Megan A. Winder

Washington International Law Journal

In 2006, Australia’s Parliament banned all prisoners from voting. A year later, Vickie Lee Roach, a female prisoner of Aboriginal descent, challenged the blanket ban promulgated in the 2006 amendment to the Commonwealth Electoral Act of 1918 (“Electoral Act”). Vickie won, but in a limited way. The High Court found an implied right to vote in the Australian Constitution, but held that Parliament could limit such voting, as it did in the Electoral and Referendum Amendment of 2004 (“E & R Amendment”), disenfranchising any prisoner serving three or more years in jail. This Comment argues that the E & R …

Case Studies In Community Vitality And Downtown Revitalization: A Focus On Maine’S Employment And Service Hubs, Matthew Klebes, Elizabeth Mclean, Kathy Lynn Tombarelli

Muskie School Capstones and Dissertations

The purpose of this research is to consider the efforts made by municipalities to revitalize their downtowns and improve community livability. Our primary focus will be on Maine municipalities, but we will include two case studies outside of Maine to provide a comparison.
We are also including communities in both northern and southern Maine, as well as both coastal and inland communities. By using this approach, we can identify common indicators of success, independent of geographic location.

Respecting Foundation And Charity Autonomy: How Public Is Private Philanthropy?, Evelyn Brody, John Tyler

Chicago-Kent Law Review

Recent years have seen a disturbing increase in legal proposals by the public and government officials to interfere with the governance, missions, strategies, and decision-making of foundations and other charities. Underlying much of these debates is the premise—stated or merely presumed—that foundation and charity assets are "public money" and that such entities therefore are subject to various public mandates or standards about their structure, operations, and policies. The authors' experiences and research reveal three "myths" that, singly or collectively, underlie claims that charitable assets are public money. The first myth conceives of charities as shadow governments due to the requirement …

The Power Of The Parental Trump Card: How And Why Frazier V. Winn Got It Right, Jocelyn Floyd

Chicago-Kent Law Review

When two fundamental rights are in conflict, such that the protection of one requires the infringement of the other, courts must weigh those rights against each other to determine which is ultimately greater. In Frazier v. Winn, the Eleventh Circuit dealt with precisely such an issue: specifically, the rights of parents pitted against those of their children. This note explores the history of both parental rights and student's rights in school to show why the court appropriately affirmed that children's right to free speech is only as expansive as their parents allow, justified by the parents' fundamental right to …

The Constitutionality Of Iowa's Sex Offender Residency Restriction, Jacob Salsburg

University of Miami Law Review

No abstract provided.

The Obstacles Of Outsourcing Imported Food Safety To China, Chenglin Liu

Cornell International Law Journal

No abstract provided.

Protecting Consumers By Tracking Advertisers Under The National Broadband Plan, Courtney A. Barclay

Media Law and Policy

No abstract provided.

Broadband In America: Introduction To A New Federal Priority, Jennifer A. Manner, Ronnie S. Cho

Media Law and Policy

No abstract provided.

Special Investigation Techniques, Data Processing And Privacy Protection In The Jurisprudence Of The European Court Of Human Rights, Toon Moonen

Pace International Law Review Online Companion

No abstract provided.

“The Slow Creep Of Complacency”: Ongoing Challenges For Democracies Seeking To Detain Terrorism Suspects, Maureen T. Duffy

Pace International Law Review Online Companion

This article assesses shifting presumptions by three democracies -- the United States, Canada, and the United Kingdom – all of whom appear to have permanently adopted some alterations to their detention practices for certain terrorism-related cases since the attacks of September 11, 2001 (hereinafter “9/11”). A review of executive, legislative and judicial outcomes in these three countries often reveals an ongoing tension between the judiciary and the other branches of government, with the judiciary frequently citing to traditional constitutional principles to reassert the primacy of individual liberties and fair trial guarantees. In spite of such rulings, however, the advance towards …

Improving Performance Through The Understanding Of Organizational Culture: Binghamton University's Emergency Management Program, David J. Hubeny

MPA Capstone Projects 2006 - 2015

Emergency situations and unplanned events have the potential to throw an organization into chaos and seriously impact the ability of that organization to fulfill its mission. Critical incidents are unpredictable in nature of emergency incidents will often force and organization to immediately address the event at the expense of providing its essential services. Whether the agency is responsible for maintaining public safety, operating municipal parks, educating the community, or managing youth services facilities, the mission of the organization can be seriously impacted by the occurrence of an unplanned event.

Juvenile Delinquency Policy And Juvenile Crime In The American States, Jennifer Baker

Political Science Theses and Capstones

Every year each state comes out with a report on all the possible crimes that were committed and how many people were convicted for various crimes in a given state. The same goes for juveniles, as reported in the Juvenile Offenders and Victims 2006 National Report. I compiled data on the fifty states and their programs directed towards juveniles. I then compared the different crimes against the different programs to see if there was any significant difference in Crime rates between states having a specific juvenile justice program or not. I found that some of the programs did affect crime …

Acuta Enews April 2010, Vol 39, No. 4

ACUTA Newsletters

ln This lssue

From the President.. ...,Harvey "Buck" Buchanan, Florida State Univ., ACUTA President

Board Report...........,.. George Denbow, Univ of Texas, ACUTA Secretary/Treasurer

Tech Talk Riding the Hype Cycle ...Kevin Tanzillo, Dux PR

Washington Update Newsletter

DC Update Dave Ostrom, Washington State Univ (retired)

Magnussen Named to Pandemic Planning Working Group

Congratulations to Sharon Stille and Mark Watters

Add Names from Your Campus to Your ACUTA Roster

Member Anniversaries

Multi-Event Discount: Attend More in 2010 and Save More!

Welcome New Members

Check lt Out: Press Releases...Job Postings...RFls/RFPs...Special Deals

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

William & Mary Journal of Race, Gender, and Social Justice

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 …

Wave Energy Converter Performance Modeling And Cost Of Electricity Assessment, Dmitri Jarocki

Master's Theses

California is experiencing a rapid increase in interest for the potential of converting ocean waves into clean electricity. Numerous applications have been submitted for the permitting of such renewable energy projects; however the profitability, practicability, and survivability have yet to be proven. Wave energy conversion technology has steadily matured since its naissance in the 1970’s, several wave energy power installations currently exist, and numerous plans for commercial power plant are in the works on the shores of multiple continents. This study aims to assess the economic viability of two proposed commercial wave energy power plant projects on the Central California …

S10rs Sgr No. 3 (Traffic Cam), Bourgeois, Palermo, D Jones, Clark

Student Senate Enrolled Legislation

No abstract provided.

S10rs Sgr No. 14 (Traffic Cam Hb), Bourgeois

Student Senate Enrolled Legislation

No abstract provided.

The Construct Of Resilience And Its Application To The Context Of Political Violence, Benjamin Doty

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

This article is intended to be the first in a series of inquiries into the theory and application of the construct of resilience. The article begins by providing a synopsis of the history, conceptualization, and significance of the construct across various fields of scientific examination. This first section focuses explicitly on the complexity of resilience. The next section follows with a discussion of whether the construct—in light of its most basic and established tenets—is applicable to the context of political violence. It does so by presenting analyses of data collected from youth and young adults living in the conflict-affected regions …

A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd

Indiana Law Journal

For much of our nation's history, the poor have faced pervasive discrimination in the exercise of fundamental rights. Nowhere has the impairment been more severe than in the area of privacy. This Article considers the enduring legacy of this tradition with respect to the Fourth Amendment right to domestic privacy. Far from a matter of receding historical interest, the diminution of the poor's right to privacy has accelerated in recent years and now represents a powerful theme within the jurisprudence of poverty. Triggering this development has been a series of challenges to aggressive administrative practices adopted by localities in the …

The Southern Illinois Poll, Spring 2010, Paul Simon Public Policy Institute

Paul Simon Public Policy Institute Southern Illinois Polls

The mission of the non-partisan Paul Simon Public Policy Institute polling is to provide citizens, policy-makers, and academic researchers with objective information about trends and issues facing society.

The 2010 Southern Illinois Poll interviewed 401 registered voters in 18 southern Illinois counties. The sample of voters came from the Southern Illinois counties of Alexander, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jefferson, Johnson, Massac, Perry, Pope, Pulaski, Randolph, Saline, Union, Washington, White, and Williamson. For the entire sample, the statistical margin for error of plus or minus 4.9 percentage points at the 95 percent confidence level. Poll conducted from April 5-13, 2010. …

Cj Times Volume 3, Issue 1, Department Of Criminal Justice

CJ Times (Newsletter)

No abstract provided.

One Free Swerve? Requiring Police To Corroborate Anonymous Tips In Order To Establish Reasonable Suspicion For Warrantless Seizure Of Alleged Drunk Drivers, Michael B. Kunz

Distinguished Student Research Papers

The Supreme Court holds that warrantless searches and seizures are presumptively unreasonable. Nonetheless, the Court has carved out exceptions that give law enforcement officials considerable flexibility with which to conduct their day-to-day criminal investigations. One such exception to the warrant requirement is that police may stop and question an individual so long as the detaining officer has a reasonable belief that criminal activity may be taking place. Furthermore, the Court permits this requisite reasonable suspicion to be based on information provided by third-party sources, and has identified specific limits as to the type and quality of information police may use. …

Heeding "The Best Of Prophets": Historical Perspective And Potential Reform Of Public Sector Collective Bargaining In Indiana, Todd C. Dvorak

Indiana Law Journal

No abstract provided.

Su People, David Marc, Jay Cox, Kathleen Haley

Syracuse University Magazine

No abstract provided.

Lawyering At The Intersection Of Public Law And Legal Ethics: Government Lawyers As Custodians Of The Rule Of Law, Adam M. Dodek

Dalhousie Law Journal

Government lawyers are significant actors in the Canadian legal profession, yet they are largely ignored by regulators and by academic scholarship. The dominant view of lawyering fails to adequately capture the unique role of government lawyers. Government lawyers are different from other lawyers by virtue of their role in creating and upholding the rule of law Most accounts of government lawyers separate public law duties of government from ethical duties of lawyers; for example, acknowledging the "public interest" role ofgovernment lawyers but asserting that this has no impact on their ethical duties as lawyers. Instead of this compartmentalized approach, this …

The End Of Indeterminate Sentencing In New York: The Death And Rebirth Of Rehabilitation, Joshua Logan Pennel

Buffalo Law Review

No abstract provided.

Mcnair Messenger- Spring 2010, Mcnair Staff

McNair Messenger

McNair Scholars Program

An Examination Of The Relationship Between The Hypersexual Environment Of Las Vegas And Forcible Rape, Lisa Ann Dooley

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to examine whether rates of forcible rape in Nevada are high, possibly a side effect of living in a hypersexual city. The study will explore whether these rates compare to other cities of the same size that are tourism focused and whether rates of forcible rapes are higher in counties without prostitution than with prostitution. This paper will also consider rates of sexual victimization among undergraduate students at the University of Nevada, Las Vegas, University of British Columbia, and Simon Fraser University. Lastly, the study will consider whether the hypersexual nature of the city …