Digital Commons Network^™

Hear No Evil, See No Evil - Speak No Evil - A Re-Examination Of Public Employee Free Speech Rights, Erika Eisenoff

First Amendment Law Review

No abstract provided.

Security And Governance: Foundations For International Stability, Dru Lauzon Mr., Andrew Vine Mr.

Articles & Editorials

Stability operations in fragile states are likely to remain an important focus of the foreign policy of Western countries for the foreseeable future. The central question to consider when launching these operations is whether a particular type of intervention is more effective than others, and to determine what insights can be drawn from previous deployments in failed and fragile states. Capacity building is a lengthy process that requires a considerable amount of resources to produce lasting results. The progress achieved through military partnerships between countries should therefore be measured over decades rather than in months or years, as a lengthy …

Integrating Values And Ethics Into Wildlife Policy And Management—Lessons From North America, Camilla H. Fox, Marc Bekoff

Conservation Collection

Few animals provoke as wide a range of emotions as wolves. Some see wolves as icons of a lost wilderness; others see them as intruders. As the battle continues between wolf proponents and opponents, finding solutions that resolve conflicts while supporting the integrity of nature is challenging. In this essay we argue that we need to make room for wolves and other native carnivores who are re-colonizing areas from which they were extirpated. Strategies that foster coexistence are necessary and wildlife agencies must consider all stakeholders and invest adequate resources to inform the public about how to mitigate conflicts between …

March 2011 Vol. 2 No. 2, Near Westside Intiative

Newsletters from Near Westside Initiative

No abstract provided.

Redressing Deprivations Of Rights Secured By State Constitutions Outside The Shadow Of The Supreme Court's Constitutional Remedies Jurisprudence, Gary S. Gildin

Dickinson Law Review (1908-2003)

No abstract provided.

Searching For Security: The Proposed Workplace Religious Freedom Act (Wrfa) And Need For Heightened Protections For The Religious Expression Of Prison Employees In The Work Environment, John H. Lawrence

First Amendment Law Review

No abstract provided.

The Global H1n1 Pandemic, Quarantine Law, And The Due Process Conflict, Gregory P. Campbell

San Diego International Law Journal

This comment argues that the CDC should develop a uniform due process standard to govern all quarantine procedures in the United States and then recommend that the standard be adopted by the WHO for incorporation into the IHR. Specifically, the standard should include: (1) a finding by a health professional that an individual poses a significant risk of spreading a contagious disease; (2) a quarantine order by a judicial authority or fact finder based on clear and convincing evidence that an individual poses a serious health risk; (3) an opportunity for a hearing and the right to appeal a quarantine …

Speaking Briefly: The First Amendment & Historic Preservation, J. Graham Corriher

First Amendment Law Review

No abstract provided.

Journal Of Sociology & Social Welfare Vol. 38, No. 1 (March 2011)

The Journal of Sociology & Social Welfare

TABLE OF CONTENTS

• PROTECTING OLDER WORKERS: THE FAILURE OF THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 - Jessica Z. Rothenberg and Daniel S. Gardner
• ATTITUDES, BEHAVIOR, AND SOCIAL PRACTICE - Harris Chaiklin
• SHOULD I STAY OR SHOULD I GO? WHY APPLICANTS LEAVE THE EXTENDED WELFARE APPLICATION PROCESS - Marci Ybarra
• U.S. IMMIGRATION POLICY AND IMMIGRANT CHILDREN'S WELL-BEING: THE IMPACT OF POLICY SHIFTS - David K. Androff, Cecilia Ayón, David Becerra, Maria Gurrola, Lorraine Salas, Judy Krysik, Karen Gerdes, and Elizabeth Segal
• ANALYZING THE POVERTY REDUCTION EFFECTIVENESS OF THE CANADIAN PROVINCES: DO POLITICAL PARTIES MATTER? - Robert D. Weaver, Nazim …

City Of Soledad Downtown Specific Plan Proposal, Ryan Santillan

City and Regional Planning

No abstract provided.

Flyer News, Vol. 58, No. 31 (March 1, 2011), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.

Guantanamo And Beyond: Reflections On The Past, Present, And Future Of Preventive Detention, Kristine A. Huskey

The University of New Hampshire Law Review

[Excerpt] “January 11, 2011 began the tenth year of existence of the detention center at the U.S. Naval Base at Guantanamo Bay, Cuba (“Guantanamo” or “GTMO”). In human-being terms, what this means is that large numbers of men have been detained by the U.S. military for almost a decade, in prison-like conditions, without trial. In a pre-9/11 world, a “Guantanamo” and the idea of “detention without trial” would have been seen as decidedly un-American and a violation of our democratic values. Over the last decade, however, Guantanamo” and the practice of long-term detention without trial for terrorism suspects (or, “preventive …

Territorial Sovereignty And The Evolving Boumediene Factors: Al Maqaleh V. Gates And The Future Of Detainee Habeas Corpus Rights, Luke R. Nelson

The University of New Hampshire Law Review

[Excerpt] “In November 2010, the U.S. government prosecuted in a civilian federal court an accused terrorist detainee housed since 2004 at the Guantanamo Bay Detention Center (Guantanamo Bay). The Obama Administration considered this trial a “test case” for prosecuting accused terrorist detainees in civilian federal courts. Of the more than 280 charges against the detainee defendant, a civilian jury convicted him of one count and acquitted him of the remaining charges. Yet, the defendant received a life sentence without parole.

This “test case” is one example of a changing landscape in international armed conflict and detainee rights jurisprudence following September …

Wireless Efficiency Versus Net Neutrality, Charles L. Jackson

Federal Communications Law Journal

Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania's Center for Technology Innovation and Competition on May 6-7, 2010.

This Article first addresses congestion and congestion control in the Internet. It shows how congestion control has always depended upon altruistic behavior by end users. Equipment failures, malicious acts, or abandonment of altruistic behavior can lead to severe congestion within the Internet. Consumers benefit when network operators are able to control such congestion. One tool for controlling such congestion is giving higher priority to some applications, such as telephone calls, and …

Rough Consensus And Running Code: Integrating Engineering Principles Into Internet Policy Debates, Christopher S. Yoo

Federal Communications Law Journal

Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania's Center for Technology Innovation and Competition on May 6-7, 2010.

Deporting Families: Legal Matter Or Political Question?, Angela M. Banks

Georgia State University Law Review

Last year 245,424 noncitizens were removed from the United States, and courts played virtually no role in ensuring that these decisions did not violate individual substantive rights like freedom of speech, substantive due process, or retroactivity. Had these individuals been deported from a European country, domestic and regional courts would have reviewed the decisions to ensure compatibility with these types of rights. Numerous international law scholars and immigration scholars seek to minimize the gap between the legal processes offered in the United States and Europe for noncitizens challenging deportation orders. Many of these scholars contend that greater recognition of international …

Roberts' Rules: The Assertiveness Of Rules-Based Jurisprudence, Joseph Blocher

Tulsa Law Review

No abstract provided.

Report On The Chelsea School Nursing Program, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

At the request of the Chelsea Public Schools, the Collins Center conducted an analysis of the school health services delivery system. The research included: (1) Review of City and School documents, (2) Interviews and on‐site visits, (3) Review of related research, and (4) Conversations with other experts. Like most urban school systems, Chelsea is facing the challenges of increased educational, social, and health care needs of its students and dwindling financial resources. Despite this, it was clear that the nurses and staff care deeply about their work and the children they serve. An innovative and cooperative network within each school …

Guns, Crime Control, And A Systemic Approach To Federal Sentencing, David E. Patton

Cardozo Law Review

Recent scholarship about the role of sentencing reform in reducing high levels of incarceration has focused on evidence-based, offender-specific solutions, such as how to better assess offenders' risk of recidivism and their amenability to diversionary programs. This Article proposes a new, systemic approach. In particular, it suggests that in cases where the primary rationale for steep sentences is crime reduction, as opposed to retributive notions of harm and blameworthiness, judges ought to engage in an evidence-based examination of how the government is making "use" of the sentences it seeks in its law enforcement efforts. And where the government's efforts fall …

The Law Of Religious Liberty In A Tolerant Society, Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.

Is Driving With The Intent To Gather News A Crime? The Chilling Effects Of California’S Anti-Paparazzi Legislation, Christina M. Locke, Kara Carnley Murrhee

Loyola of Los Angeles Entertainment Law Review

While celebrities may have a love-hate relationship with the photographers who give them red carpet publicity but also pursue shots of their most intimate moments, the California Legislature has little use for the paparazzi. The 2010 anti-paparazzi bill is the most recent in a string of legislative attempts to curb aggressive paparazzi. Assembly Bill 2479 makes two major changes. The first change penalizes those who capture images or audio recordings by false imprisonment, targeting paparazzi who swarm celebrities and prevent them from moving or driving freely. The second change enhances penalties for reckless driving if one has an intent to …

Proposed Exactions, Timothy M. Mulvaney

Faculty Scholarship

In the abstract, the site-specific ability to issue conditional approvals offers local governments the flexible option of permitting a development proposal while simultaneously requiring the applicant to offset the project’s external impacts. However, the U.S. Supreme Court curtailed the exercise of this option in Nollan and Dolan by establishing a constitutional takings framework unique to exaction disputes. This exaction takings construct has challenged legal scholars on several fronts for the better part of the past two decades. For one, Nollan and Dolan place a far greater burden on the government in justifying exactions it attaches to a development approval than …

Alaska Justice Forum ; Vol. 28, No. 1 (Spring 2011), Brad A. Myrstol, N/A Uaa Justice Center

Vols 21-30 (2004-2014)

The Spring 2011 issue of the Alaska Justice Forum features articles on Anchorage residents' perceptions of Anchorage Police Department, Internet crime in the U.S. and Alaska, and Internet crimes against children.

United States V. Comstock: The Next Chapter In The Struggle Between State And Congressional Power, Lauren Kulpa

Loyola of Los Angeles Law Review

No abstract provided.

"Justice Is Blind": A Model For Analyzing Metaphor Transformations And Narratives In Actual Discourse, L. David Ritchie

Communication Faculty Publications and Presentations

In this article I present a model of how metaphors are transformed and re-presented as narratives, how this process helps shape communicative interactions, and how it contributes to relevance effects and the generation of meaning, often by simultaneously affecting multiple cognitive contexts. I demonstrate the application of the model to samples of discourse from current research and show how it can contribute to understanding troubled communicative relationships and potentially to improving communication in situations of misunderstanding and conflict.

The Parthenon, March 1, 2011, Marshall University

The Parthenon

No abstract provided.

The Update, March 2011, University Of Northern Iowa. College Of Humanities, Arts And Sciences.

Update

Inside this issue:

-- The Center for Holocaust and Genocide Education: Spring Events
-- 2011 UNI Clarinet Symposium
-- Department News
-- UNI Gallery of Arts Presents Annual Juried Student Art Exhibition
-- In Memory of Jürgen Koppensteiner, German Professor
-- Student Spotlight: Theatre: Rachel Russell
-- Student Spotlight: Computer Science: Katelyn Haw
-- 2010 Seed Grant Proposals
-- Why Felly
-- Memorial Program Planned for Susan Allbee
-- Womens History Month: Save the Date
-- Science Education Resource Center
-- School of Music Events
-- UNI Department of Art Presents First Annual Art History Symposium: Arts and Sciences
-- …

Sorry Seems To Be The Hardest Word: The Fair Sentencing Act Of 2010, Crack, And Methamphetamine, Kyle Graham

University of Richmond Law Review

No abstract provided.

Human Trafficking In San Luis Obispo County: Assessing The Local Law Enforcement's Mechanisms For Prevention, Paige K. Wopschall

Social Sciences

No abstract provided.

And Death Shall Have No Dominion: How To Achieve The Categorical Exemption Of Mentally Retarded Defendants From Execution, J. Amy Dillard

University of Richmond Law Review

No abstract provided.