Digital Commons Network^™

Annual Report Town Of Lisbon, New Hampshire Year Ending December 31, 2010., Lisbon Town Representatives

Lisbon, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Regulating Morality Through The Common Law And Exclusionary Zoning, George P. Smith Ii, Gregory P. Bailey

Scholarly Articles

The extent to which a free society seeks to regulate sexual expression is problematic. What was defined as immoral or contra bonos mores in the 20th century, has become less of an issue in today’s liberal society. Freedom of sexual intimacy and expression are, to be sure, 1st Amendment and 14th Amendment rights. But, with every assertion of a fundamental right or liberty must come a concomitant understanding that there is a co-ordinate responsibility to exercise that right reasonably. Determining the reasonableness of any conduct grounded in these two amendments must be fact sensitive and guided by community standards. Broad, …

Differentiating The Federal Circuit, Elizabeth I. Winston

Scholarly Articles

In 1982, Congress created the United States Court of Appeals for the Federal Circuit. Often referred to as an experiment, the Federal Circuit has flourished. Born again from the ashes of its predecessors, the aptly nicknamed Phoenix Court continues to grow in significance, stature, and strength. As it grows, however, the court remains rooted in its history and in its unique nature. This Article explores the Federal Circuit’s structure and its impact on the development of Federal Circuit jurisprudence. The Federal Circuit is distinguishable by more than its national jurisdiction – the very essence of the court sets it apart …

Charity In The 21st Century: Trending Toward Decay, Roger Colinvaux

Scholarly Articles

The Article argues that the federal tax law framework relating to charitable organizations is decaying. Through an overview of the historical development of the law relating to charity in the 20th century, the Article shows that the statutory law has passively accommodated significant growth of the charitable sector without demanding any rigor of the sector in the form of positive requirements or quantitative measures. This has led to growth without meaningful oversight – a recipe for problems. The Article then provides an overview of many of the scandals that engulfed the sector during the early 21st century and shows that …

Feminists And Firearms: Why Are So Many Women Anti-Choice?, Lindsay K. Charles

Cardozo Journal of Equal Rights & Social Justice

The article argues that gun rights should be recognized as a feminist issue, emphasizing women's autonomy, safety, and equality. It challenges the conventional narrative that gun control aligns with feminist values, asserting that disarming women disempowers them and undermines their ability to defend themselves. The author advocates for women's right to bear arms as a means of self-defense, drawing parallels to other feminist issues like abortion, and proposes a rebuttable presumption for issuing concealed carry permits to women.

Nottebohm's Nightmare: Have We Exorcised The Ghosts Of Wwii Detention Programs Or Do They Still Haunt Guantanamo?, Cindy G. Buys

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

California Penal Code Sec. 270.1: A Constitutionally Impermissible Attempt To Combat Truancy, Alison Cordova

UC Law Constitutional Quarterly

In the 2008-2009 academic school year, over a quarter of the California public school student population was truant. There is a well established correlation between truancy and dropping out of high school. And high school dropouts make up over three quarters of the prison population of the State of California.

Responding to this alarming domino effect, the California Legislature enacted Penal Code section 270.1 in September, 2010. This statute imposes criminal liability on parents of chronically truant students for not encouraging or supervising their child's school attendance. While the aim of this law is clearly to attack criminality before it …

The End Of Innocence? Federal Habeas Corpus Law After In Re Davis, Joshua M. Lott

Georgia State University Law Review

“This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent.” Justice Scalia may already be well known for a strict approach to statutory construction, but his dissenting statement in the 2009 Supreme Court decision, In re Davis, caused quite a buzz among national media. Although callous in appearance, Justice Scalia’s words provide a technically correct reading of Supreme Court precedent and federal habeas corpus law: actual innocence is not a recognized claim of …

Comprehensive Annual Financial Report, For The Fiscal Year Ended June 30, 2011, Tennessee Consolidated Retirement System

Annual Financial Reports

This document is the annual comprehensive financial report for the Tennessee Consolidated Retirement System during the fiscal year.

Beyond Rehabilitation: A New Theory Of Indeterminate Sentencing, Michael M. O'Hear

Faculty Publications

Indeterminate sentencing - that is, sentencing offenders to a range of potential imprisonment with the actual release date determined later, typically by a parole board - fell into disrepute among theorists and policymakers in the last three decades of the twentieth century. This sentencing practice had been closely associated with the rehabilitative paradigm in criminal law, which also fell from favor in the 1970’s. In the years that followed, most states eliminated or pared back the various devices that had been used to implement indeterminate sentencing, especially parole release. Yet, sentencing remained indeterminate most places to varying degrees, and now …

Sheep In Wolves' Clothing: Removing Parens Patriae Suits Under The Class Action Fairness Act, Alexander Lemann

Faculty Publications

This Note examines the applicability of the Class Action Fairness Act’s (CAFA) removal provisions to parens patriae suits. CAFA expanded federal diversity jurisdiction to include class actions with minimal diversity, doing away with a rule that had kept most class actions in state court. Although CAFA does not mention parens patriae suits, their inherent similarity to class actions raised the question of whether they too could now be removed to federal court. The Fifth Circuit, in Louisiana ex rel. Caldwell v. Allstate Insurance Co., has held that the real parties in interest — those whose injuries form the basis of …

When Mixed Use Development Moves In Next Door: Finding A Home For Public Discourse And Input, Dorothy D. Nachman

Fordham Environmental Law Review

No abstract provided.

Annual Report, Fiscal Year 2010-2011, Tennessee. Department Of Correction

Annual Reports

This document is the annual report for the Tennessee Department of Correction during the fiscal year.

The Budget, Fiscal Year 2011-2012, Tennessee. Department Of Finance And Administration

Budget Volume 1

This document is the final budget for the coming fiscal year.

The Fracturing Of Place: The Regulation Of Marcellus Shale Development And The Subordination Of Local Experience, Nancy D. Perkins

Fordham Environmental Law Review

No abstract provided.

International Legal Updates, Aimee Mayer, Jessica Lynd, Shubra Ohri, Catherine Davies, Molly Hofsommer, Misty Seemans, Leah Chavla, Kaitlin Brush

Human Rights Brief

No abstract provided.

Special Coverage Of The 141st Period Of Sessions Of The Inter-American Commission On Human Rights, Kaitlin Brush, Alma Liliana Mata Noguez, Melanie Debrosse

Human Rights Brief

No abstract provided.

Alumni Profile, Jessica Lynd, Lindsay Roberts

Human Rights Brief

No abstract provided.

Taming Technology In The Context Of The Public Access Doctrine: New Jersey's Amended Rule 1:38, Kristin M. Makar

Seton Hall Law Review

No abstract provided.

When "The Evil Day" Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge?, Eang L. Ngov

Faculty Scholarship

"The road to hell is paved with good intentions." Employers must be careful about the intentional and unintentional effect of their employment practices, even when acting with good motive. Title VII’s disparate impact provision holds employers liable for employment practices that cause an adverse impact on racial groups, even when the employment practice applies equally to all groups and was not implemented to disadvantage a particular group. A prima facie case of disparate impact can arise solely based on numbers - a comparison between the rate at which one racial group passes a test or is selected for hiring or …

Revitalizing Distressed Older Suburbs, Kathryn W. Hexter, Edward W. Hill, Brian A. Mikelbank, Benjamin Y. Clark, Charles Post

All Maxine Goodman Levin School of Urban Affairs Publications

No abstract provided.

Annual Report Of The Town Officers Of The Town Of Jefferson, Nh For The Year Ending December 31, 2010., Jefferson Town Representatives

Jefferson, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

From Sound Bites To Sound Policy: Reclaiming The High Ground In Criminal Justice Policy-Making, Anthony C. Thompson

Faculty Articles

In this article, the author contemplates the way the criminal justice system is portrayed in the media and suggests how the media's emphasis on "sound bites" - which makes it difficult to separate fact from hype - has had significant policy ramifications. The author makes a point of exploring the many ways that conceptions of crime are formed and influenced, as well as how the media has shaped legislation. In the author's opinion, in order to curb the excessive influence of most mainstream representations of the criminal justice system, there must be some mechanism for oversight of both the media …

Canada, Sandra Walker, Mark Katz, Jim Dinning, Marcela B. Stras, John Boscariol, Sergio R. Karas

The International Lawyer

No abstract provided.

Early Release From Prison In Wyoming: An Overview Of Parole In Wyoming And Elsewhere And An Examination Of Current And Future Trends, Daniel M. Fetsco

Wyoming Law Review

No abstract provided.

Space Weather And Technological Impacts, Jennifer L. Meehan, G. Fisher, W. Murtagh

All Physics Faculty Publications

No abstract provided.

Social Disorganization And Sex Offenders In Minneapolis, Mn: A Socio-Spatial Analysis, Joseph Koncur

All Graduate Theses, Dissertations, and Other Capstone Projects

Using a combination of techniques stemming from the spatial analysis approach of Geography, structural-functionalist theory in Sociology, and an ecological perspective of Criminology, this thesis addresses where sex offenders reside and why. Analyses were performed using the twin cities of Minneapolis and St. Paul, Minnesota as a typical urban setting. The study fuses multiple disciplines work on the complex social problem of released risk level III sex offender management in a spatially-conscious, micro-scale analysis attempting to understand the distribution of released offenders and the relevance of social disorganization theory in explaining their distribution. Socio-economic status and family disruption are tested …

Nursing The Primary Care Shortage Back To Health: How Expanding Nurse Practitioner Autonomy Can Safely And Economically Meet The Growing Demand For Basic Health Care , Michael B. Zand

Journal of Law and Health

This article first discusses the history and educational requirements of the Nurse Practitioner profession. It then discusses the policy reasons why Nurse Practitioners should, and do, play an important role in the country's health care delivery system. The core of the article deals with the legal issues surrounding the NP's scope of practice including the need for collaborative agreements with physicians, authority to prescribe drugs, and identification. Finally the article discusses how NPs fit into the health insurance scheme and their liability for malpractice.

Off The Roads & Out Of The Courts: Enter A Technology Fix For Drunk Driving, Nora J. Pasman-Green

Journal of Law and Health

For years, scholars, scientists, policymakers, and public advocacy groups have been exploring and debating whether AIIDs (alcohol ignition interlock devices) would effectively prevent someone from driving drunk. AIIDs measure blood alcohol content (BAC), which is the underlying scientific evidence of driving impairment. Indeed, the technology supporting AIIDs has steadily improved. Progress toward a consensus that identifies and ranks the potential goals that can be achieved with the AIID technology is slowly crystallizing. AIIDs have their found into way into legislation, both nationally and internationally, particularly legislation aimed at repeat offenders. And, installing AIIDs as standard equipment on vehicles has, indeed, …

Reforming Public Interest Tort Law To Redress Public Health Epidemics, Michael L. Rustad, Thomas H. Koenig

Journal of Health Care Law and Policy

No abstract provided.