Digital Commons Network^™

The Supreme Court's Love-Hate Relationship With Miranda, Kit Kinports

Faculty Scholarship

In recent years, the Supreme Court has enjoyed a love-hate relationship with its landmark decision in Miranda v. Arizona. While the Court has not hesitated to narrow Miranda’s reach, it has also been wary of deliberate efforts to circumvent it. This pragmatic approach to Miranda can be doctrinally unsatisfying and even incoherent at times, but it basically maintains the core structure of Miranda as the police have come to know and adapt to it.

Last Term provided the first glimpse of the Roberts Court’s views on Miranda, as the Court considered three Miranda cases: Maryland v. Shatzer …

New York’S Fight Over Blight: The Role Of Economic Underutilization In Kaur, Kaitlyn L. Piper

Fordham Urban Law Journal

This note discusses the issues raised by the policy of seizing land through eminent domain by saying that a certain property is "blighted". The author of the note feels that blight should be limited and not merely a way of saying that economic interests of the city are better served by seizing the property through eminent domain. Part I of this Note describes the background of eminent domain and, in particular, the elimination of blight as a qualifying public use. It summarizes the history of the “public use” requirement in the federal and state context and how economic underutilization fits …

Cyber-Attacks And The Use Of Force: Back To The Future Of Article 2(4), Matthew C. Waxman

Faculty Scholarship

This Article makes two overarching arguments. First, strategy is a major driver of legal evolution. Most scholarship and commentary on cyber-attacks capture only one dimension of this point, focusing on how international law might be interpreted or amended to take account of new technologies and threats. The focus here, however, is on the dynamic interplay of law and strategy – strategy generates reappraisal and revision of law, while law itself shapes strategy – and the moves and countermoves among actors with varying interests, capabilities, and vulnerabilities. The purpose is not to come down in favor of one legal interpretation or …

The Bulletin, Undergraduate Catalog 2011-2012 (2011), Minnesota State University Moorhead

Undergraduate Bulletins (Catalogs)

No abstract provided.

Graduate Online Bulletin, 2011-2012 (2011), Minnesota State University Moorhead

Graduate Bulletins (Catalogs)

No abstract provided.

Tennessee Law Enforcement Officers Killed Or Assaulted 2011, Tennessee. Bureau Of Investigation

Law Enforcement Officers Killed-Assaulted

This report is published by the TBI presenting information on reported incidents of assaults or deaths of law enforcement officers in the line of duty that occurred in Tennessee.

The Limitations And Admissibility Of Using Historical Cellular Site Data To Track The Location Of A Cellular Phone, Aaron Blank

Richmond Journal of Law & Technology

Imagine someone has just committed a crime. Shortly thereafter, law enforcement responds and quickly apprehends a suspect on the scene or close by. In order to prove guilt beyond a reasonable doubt, the time and place of apprehending the suspect, combined with witness testimony or physical evidence, may be enough for the prosecution to meet its burden of proof.

Sanctuary From De Facto Deportation: The New Sanctuary Movement And De Facto Deportation Claims For Children Challenging Illegal Immigrant Parents' Removal Orders, Kristin Maun

Richmond Public Interest Law Review

This comment will give an overview of past and present sanctuary movements, the legal strategies they have formulated to defend those whom they shelter, and their impact on immigration law and policy. Then it will examine the particular strategy of de facto deportation-the NSM's legal strategy of choice-to understand what is necessary to establish the claim, and whether it could nullify an alien parent's removal order. Next, it will analyze two legal principles underlying de facto deportation claims: the right of a child to be raised by his parents and the right of a citizen child to reside in the …

The New Habeas Revisionism, Stephen I. Vladeck

Scholarly Articles in Law Reviews & Journals

There is relatively little in the Constitution’s drafting history or ratification debates to illuminate the intended meaning of the Suspension Clause, and what it specifically protects by preserving “the Privilege of the writ of Habeas Corpus” except in cases where habeas is properly suspended. Most jurists and commentators at least seem to agree on the constitutional floor - that, as Justice Stevens put it in 2001, “at the absolute minimum, the Suspension Clause protects the writ ‘as it existed in 1789.’” But even that limited point of consensus only begs a separate question: what was the scope of the writ …

Calculations Of Conscience: The Costs And Benefits Of Religious And Conscientious Freedom, Howard Kislowicz, Richard Haigh, Adrienne Ng

Articles & Book Chapters

This article examines the Supreme Court of Canada’s cost-benefit analysis of freedom of conscience and religion guaranteed by s. 2(a) of the Canadian Charter of Rights and Freedoms in Alberta v. Hutterian Brethren of Wilson Colony. The article finds that while the Supreme Court’s reasoning was ultimately flawed, its use of cost-benefit analysis may be a positive development in the freedom of religion framework. The article also looks at the Court’s treatment of the freedom of conscience guarantee in relation to freedom of religion. The article suggests that this treatment may foreshadow a more uniform approach to the broader …

Managing White-Tailed Deer: Midwest North America, Kurt Vercauteren, Scott E. Hygnstrom

School of Natural Resources: Faculty Publications

It easily can be said that the white-tailed deer is the most important species of wildlife in the midwestern United States. Approximately 10 million white-tailed deer inhabit the Midwest, which is more than any other region in North America. Further, many of the most impressive whitetails have come from the Midwest (Figure 17.1). Dramatic changes have occurred on the landscape since European settlement that influenced populations of white-tailed deer in this region. Timber harvest in the north and east and agricultural tillage and residential development throughout the region have had both positive and negative impacts on deer numbers. White-tailed deer …

Using Brownfields To Think Green: Investigating Factors That Influence Community Decision-Making And Participation, Charissa Ruth Stair

Dissertations and Theses

Brownfield restoration and remediation is a growing concern across the United States. Brownfields are vacant or abandoned properties with real or perceived contamination. Successfully restoring these properties requires strong stakeholder collaboration, including the local community. The purpose of this study was to explore the complexities of creating a community garden on a residential brownfield site located in a low-income, high-minority neighborhood and to gain a better understanding of how a community based project develops and impacts individuals from the community. Specifically, the study investigated who chose to participate in the project, what motivated individuals to become involved and remain committed, …

Normative Elements Of Parole Risk, W. David Ball

Faculty Publications

Parole boards evaluate the public safety risk posed by parole-eligible prisoners to determine whether they should be released. In this Essay, I argue that this process, at least as it operates in California, is fundamentally flawed because it asks the wrong question. Rather than ask whether an inmate poses any public safety risk, parole board officials should instead ask whether this risk is worth taking.

One way to answer this question would be to make our calculations more inclusive of all the costs and benefits of release and comparing them with the costs and benefits of retention. Elementary as this …

Like Deck Chairs On The Titantic: Why Spectrum Reallocation Won't Avert The Coming Data Crunch But Technology Might Keep The Wireless Industry Afloat, Brian J. Love, David J. Love, James V. Krogmeier

Faculty Publications

Skyrocketing mobile data demands caused by increasing adoption of smartphones, tablet computers, and broadband-equipped laptops will soon swamp the capacity of our nation's wireless networks, afact that promises to stagnate a $1 trillion slice of the nation's economy. Among scholars and policymakers studying this looming "spectrum crisis, " consensus is developing that regulators must swiftly reclaim spectrum licensed to other industries and reallocate those rights to wireless providers. In this interdisciplinaryp iece, we explain in succinct terms why this consensus is wrong. With data demands increasing at an exponential rate, spectrum reallocation plans that promise only linear growth are destined …

Revisiting Search Engine Bias, Eric Goldman

Faculty Publications

Questions about search engine bias have percolated in the academic literature for over a decade. In the past few years, the issue has evolved from a quiet academic debate to a full-blown regulatory and litigation frenzy. At the center of this maelstrom is Google, the dominant market player.

This Essay looks at changes in the industry and political environment over the past half-dozen years that have contributed to the current situation. This essay supplements my prior contribution to the literature, a 2006 essay entitled Search Engine Bias and the Demise of Search Engine Utopianism.

The Dynamics Of Change Among Community Development Corporations In Inner North/Northeast Portland, 1987-2006, Louisa Jenkins Brown

Dissertations and Theses

This project is a comparative case study of five Community Development Corporations (CDCs) that emerged in the seven central neighborhoods of Inner North/Northeast Portland, Oregon in the late 1980s. Of the five organizations that began at that time, only two exist currently. Analyzing how and why these organizations rose and fell, merged and failed, struggled and survived in a compressed time frame and geographic area will elucidate the different paths that each organization chose in a neighborhood that changed from derelict to gentrified. Drawing on the overlapping bodies of literature that cover low-income and affordable housing development, CDC structure and …

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

Faculty Scholarship

No abstract provided.

Reasoning About The Irrational: The Roberts Court And The Future Of Constitutional Law, H. Jefferson Powell

Faculty Scholarship

Commentary on the future direction of the Roberts Court generally falls along lines that correlate with the commentators' political views on the desirability of the Court's recent decisions. A more informative approach is to look for opinions suggesting changes in the presuppositions with which the Justices approach constitutional decision making. In footnote 27 in his opinion for the Court in the District of Columbia v. Heller Second Amendment decision, Justice Scalia suggested a fundamental revision of the Court's assumptions about the role of judicial doctrine, and the concept of rationality, in constitutional law. Justice Scalia would eliminate the normative aspects …

The Regrettable Clause: United States V. Comstock And The Powers Of Congress, H. Jefferson Powell

Faculty Scholarship

In this Article, Powell argues that in Comstock, the Court encountered one of the oldest and most basic constitutional issues about the scope of congressional power-whether there are justiciable limits to the range of legitimate ends Congress may pursue. The Justices, without fully recognizing the fact, were taking sides in an ancient debate, and in doing so, they inadvertently reopened an issue that ought to be deemed long settled. Part II of the Article first addresses the question before the Court in Comstock, which was limited to a pure question of Article I law: is a specific provision of a …

The Origins Of The American Military Coup Of 2012, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Sex Offender Reintegration : Exploring And Managing The Barriers To Employment, Jenna Marko

Honors Capstones

Employment reduces the risk of recidivism for sex offenders by providing pro-social opportunities, structured schedules, and steady income. However, legislation and stigmatization often prevent sex offenders form obtaining and/or maintaining employment. This is detrimental not only to the reintegration of the sex offender into society, but also to the community itself. The skills, knowledge, and abilities of the sex offender are lost to the stigma of the label while the lack of employment increases the risks associated with recidivism. There are a variety of resources available to sex offenders that may increase the likelihood of obtaining or maintaining employment, such …

The Future Of Human Rights In The Age Of Globalization, M. Cherif Bassiouni

Denver Journal of International Law & Policy

No abstract provided.

Discovere, 2011-2012, Vol. 2, No. 1, Eastern Washington University. Academic Affairs

EWU Research Magazines

This issue contains articles on EWU and engineering professors working to introduce the science behind renewable energy to new generation of students and teachers, benefits of the red "inferno" football field, Eastern researchers dedicating decades to restoring fisheries and ecosystems in Northwest, Communication disorders students hep bridge the memory gap for patients with dementia

Advocacy, True Threats, And The First Amendment, Mark Strasser

UC Law Constitutional Quarterly

Brandenburg v. Ohio is thought by many to represent an extremely speech-protective doctrine. Yet, much of the protection offered by Brandenburg can easily be swallowed up by the true threat doctrine, which provides the basis for a robust exception to First Amendment protections. Both the Brandenburg protections and the true threat exception are important to maintain-the great challenge for the Court is to include both within the formulation and articulation of First Amendment jurisprudence so that sufficient protection is afforded to the implicated societal and the individual interests represented by each. Regrettably, rather than provide helpful guidelines that would establish …

Stacie Powell V. Utah Department Of Commerce : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

ON APPEAL FROM DECISION OF THE UTAH DEPARTMENT OF COMMERCE

Jim Purkey And Jan Purkey V. Kent Max Roberts And Jilene Roberts : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

IN THE UTAH COURT OF APPEALS JIM PURKEY AND JAN PURKEY, Plaintiffs, v. KENT MAX ROBERTS AND JILENE ROBERTS*, Defendants/Cross-Claimants/ Appellant, v. DR. ROGER RUSSELL,* Cross-Defendant/Appellee. * - Parties on Appeal CaseNo.:20110365-CA Dist. Ct. Case No.: 070600015 BRIEF OF APPELLANT Appeal from a Final Judgment and an Order Denying Motion to Alter or Amend the Judgment of the Sixth Judicial District Court in and for Sanpete County, The Honorable Marvin D. Bagley Presiding Jerry D. Reynolds 230 N. 350 E. Orem,UT 84057 Attorney for Appellee Michael E. Day (7843) Nathan Whittaker (11978) DAY SHELL & LILJENQUIST, L.C. 45 E. Vine …

Jamis M. Johnson V. State Of Utah: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from order and judgement revoking probation, the honorable James Brady, Fourth District Court, Millard County, Utah presiding.

Wall Street As Community Of Fate: Toward Financial Industry Self-Regulation, Saule T. Omarova

Cornell Law Faculty Publications

This Article proposes an approach to regulatory design that aims to create structural incentives for the emergence of a new model of embedded self-regulation in the financial industry. Without a doubt, the ideas laid out in this Article are more of a thought experiment than a polished set of fully developed regulatory proposals. These ideas and suggestions need a great deal of additional thought and a deeper, more granular and rigorous analysis of their potential consequences, benefits, and costs. Moreover, this Article explores only how to create conditions conducive to the emergence of comprehensive industry self-regulation that is embedded in …

Convergences And Divergences In International Legal Norms On Migrant Labor, Chantal Thomas

Cornell Law Faculty Publications

This essay will argue that even where disparate treaties converge doctrinally, they may diverge normatively and that normative divergence may be significant in its own right. Section I of this essay seeks to chart out an initial such analysis, conducting a concise comparison of particular rules affecting migrant workers from different realms of international law. Section I concludes with both a graphic representation of doctrinal convergences and divergences, and a further discussion the doctrinal relationships among treaties as elucidated through consideration of hypothetical legal disputes.

Section II considers the normative implications of divergent rule systems. In particular, Section II raises …

Bp's Use Of Twitter As A Crisis Communication Tool During The Gulf Oil Spill Crisis Response Phase, Lindsay Ann Jordan

Electronic Theses and Dissertations

On April 20, 2010, British Petroleum's Deepwater Horizon drilling rig located in the Gulf of Mexico exploded, creating the largest oil spill in U.S. history. BP launched a major public relations response that targeted its online audience through strategic use of its corporate website, Twitter feed, Facebook page, YouTube channel, and Flickr photostream. This content analysis examines BP's use of Twitter during the crisis response phase of the oil spill. BP tweeted on 1,161 occasions from the time of the explosion to the capping of the well. All tweets during this 13-week period were coded by two separate coders to …