Digital Commons Network^™

Pakistan's Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid

Law Student Publications

The United Nations (“UN”) adopted the International Covenant on Civil and Political Rights (“ICCPR”) in 1966 and officially implemented it in 1976 to ensure, among other guarantees, that no human is denied his or her right to equal voting, freedom of political association, due process of law, freedom of life, freedom of religion, freedom of speech, and freedom of assembly. The Islamic Republic of Pakistan is among 166 nations that have signed and ratified the ICCPR. Since signing the ICCPR in 2008 and ratifying it in 2010, however, Pakistan has perpetuated state-sanctioned and violent persecution of religious minority groups such …

Against Flexibility, David A. Super

Georgetown Law Faculty Publications and Other Works

Contemporary legal thinking is in the thrall of a cult of flexibility. We obsess about avoiding decisions without all possible relevant information while ignoring the costs of postponing decisions until that information becomes available. We valorize procrastination and condemn investments of decisional resources in early decisions.

Both public and private law should be understood as a productive activity converting information, norms, and decisional and enforcement capacity into outputs of social value. Optimal timing depends on changes in these inputs’ scarcity and in the value of the decision they produce. Our legal culture tends to overestmate the value of information that …

Influence Of Life Skills Training On The Preparedness Of Secondary Students Entering Post-Secondary Education And/Or The Workforce, Antonio Juarez

OTS Master's Level Projects & Papers

The purpose of this study was to determine the relationship of teaching life skills at the secondary school level toward the attitude of preparedness of graduating high school seniors to enter the workforce and/or post-secondary education.

Revenge Of The Sunrise Shift, Susan Weich

Theses

This novella is a fictional account of a journalist's struggle with her own integrity as it relates to her job covering the crime beat and as a victim of a brutal crime. The story explores how Kendra Hall's attack changes her perspective of the people she covers on a daily basis and resurrects a lesson about justice taught to her by her police detective grandfather, who caused her to go into a career in police reporting in the first place. When Hall realizes that the assault isn't over, she must face a series of decisions that have repercussions for her …

"Until Death (Or Sex Change) Do Us Part": Advocating For Adoption Of The European Legal Approach To Validating Marriages Involving Post-Operative Transsexuals, Erin Bender

Cardozo Journal of Equal Rights & Social Justice

The article advocates for the adoption of the European legal approach to validating marriages involving post-operative transsexuals, emphasizing privacy rights and the fundamental right to marry, rather than the outdated U.S. approach that focuses on biological criteria such as chromosomes and birth sex. It argues that the current U.S. framework unduly restricts the rights of post-operative transsexuals and fails to align with modern societal views on marriage, which prioritize companionship and privacy over procreation.

The Methodology Of Comparative Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Aicpa Audit Committee Toolkit : Government Organizations, 2nd Edition, American Institute Of Certified Public Accountants. Audit Committee Effectiveness Center, Cna Financial Corporation

Guides, Handbooks and Manuals

No abstract provided.

Network Accountability For The Domestic Intelligence Apparatus, Frank Pasquale, Danielle Keats Citron

Faculty Scholarship

No abstract provided.

Fatalities Due To Hurricane Katrina's Impacts In Louisiana, Ezra Clay-Kelly Boyd

LSU Doctoral Dissertations

This dissertation presents a comprehensive analysis of the loss of life in Louisiana associated with Hurricane Katrina and the catastrophic failure of the federal hurricane protection system. While Louisiana officials attribute 1,464 deaths to this disaster, a Louisiana Katrina Victim Database compiled for this dissertation lists 1,575 victims whose death can be linked to circumstances related to the disaster. First, this dissertation presents a comprehensive assessment of the multiple hazards impacting a dynamic population within southeast Louisiana. This is followed by a comprehensive descriptive analysis of victims’ characteristics. Both of these assessments point to an important conclusion: circumstances matter in …

Capital Punishment, Psychiatrists And The Potential Bottleneck Of Competence , Jacob M. Appel

Journal of Law and Health

The purpose of this paper is to merge two largely separate bodies of writing on the subject of psychiatric participation in capital punishment. Much has already been written from the perspective of legal academics regarding the rights of prisoners to be free from unwanted medical care if the purpose of providing such care is to render them fit for execution. Medical ethicists have also written much on the degree to which physicians, and specifically psychiatrists, may participate in facilitating the death penalty before they become so complicit as to violate accepted standards of professional ethics. Surprisingly, these two fields of …

Making Language Access To Health Care Meaningful: The Need For A Federal Health Care Interpreters' Statute, Alvaro Decola

Journal of Law and Health

This Note will argue that there are strong public policy, and legal and equity considerations for Congress to enact a federal statute to address the inadequacies of the current policies and regulations pertaining to language access to health care. The issue has become a significant one throughout the United States, given the influx of LEP (Limited English Proficiency) Americans navigating the health care system. Part II of this writing discusses the existing federal laws dealing with language access and the hurdles faced by LEP individuals in bringing legal action, because of existing case law on the subject. Part II also …

Remarks To The Florida A&M University College Of Law Environmental Law And Justice Symposium, Gwendolyn Keyes Fleming

Florida A & M University Law Review

No abstract provided.

Dow Chemical Vs. ‘Coercive Utopians’: Constructing The Contested Ground Of Science And Government Regulation In 1970s America, Amy M. Hay

History Faculty Publications

In 1979, the Dow Chemical Company published an excerpt from a speech by H. Peter Metzger that announced an emerging conflict in American ideals and public policy. He stated that a new kind of individual inhabited Washington, people from the counterculture who were “coercive utopians” because they sought to achieve their agenda through covert actions and hoped to end the American free market economy. Following the 1962 publication of Rachel Carson’s Silent Spring and the subsequent banning of DDT in 1972, Dow and other chemical manufacturers fought to keep the regulatory climate favorable to industry. Dow found itself defending the …

Gvsu Press Releases, 2011, Grand Valley State University

University Press Releases, 1961-Present

A compilation of press releases for the year 2011 submitted by University Communications (formerly News & Information Services) to news agencies concerning the people, places, and events related to Grand Valley State University.

The Constitutional Choices Afforded To A Prisoner On Hunger Strike: Guantanamo, Amanda Gordon

Santa Clara Journal of International Law

No abstract provided.

U.S. State Employee Pension Systems: An Investigation Into The Causes Of Unfunded Liabilities, Chuck Truesdell

MPA/MPP/MPFM Capstone Projects

Defined benefit retirement plans for state employees have come under fire, both financially and politically, following recent market volatility and subsequent losses in pension investments. Asset losses matched with liabilities that are set years in advance translate to pressures on state policymakers and plan administrators to either find ways to improve the finances of these pension systems or transition to defined contribution plans that put the financial risk on individual employees rather than the state government. Because most states are legally and contractually obligated to pay retiree benefits regardless of the pension system’s financial condition — even to the point …

The Electronic “Scarlet Letter”: Criminal Backgrounding And A Perpetual Spoiled Identity, Daniel S. Murphy, Brian Fuleihan, Stephan C. Richards, Richard S. Jones

Social and Cultural Sciences Faculty Research and Publications

Crimes are multifaceted events that are not adequately explained with basic descriptors, yet a considerable amount of significance is afforded to relatively few simplistic labels that make up the contemporary “scarlet letter.” Today's criminal records create a lifetime of stigmatization for a person. These public records employ a limited range of information. By acknowledging the deleterious effects of even one documented criminal event on an individual's self-concept and status in society, we cannot avoid being faced with a serious moral dilemma in light of society's prevalent reliance upon electronic criminal records. The electronic brand carried for life poses great challenges …

English Language Needs Of Investigating Officers In A Criminal Investigation Department / Shalini Ramakrishnan., Shalini Ramakrishnan

Student Works (2010-2019)

No abstract provided.

No Exception To The Rule: The Unconstitutionality Of State Immigration Enforcement Laws, Pratheepan Gulasekaram

Publications

No abstract provided.

An Overview And The Evolution Of The Anti-Counterfeiting Trade Agreement, Margot Kaminski

Publications

No abstract provided.

¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin

Publications

At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's immigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police to report …

Under Attack: Terrorism Risk Insurance Regulation, Alexia Brunet Marks

Publications

Scholarly debates over the September 11th attacks focus predominantly on high-profile issues, such as torture, preventive detention, interrogation, privacy, and surveillance. These debates have overshadowed the equally important and far-reaching issue of terrorism risk insurance, which not only involves billions of dollars, but provides powerful incentives to keep us safe. Developing a sound understanding of the market for terrorism risk insurance is essential to guiding the difficult determination of the appropriate balance between private and public responsibility for preventing and (when necessary) compensating for terrorism.

The attacks of September 11th represented one of the costliest insurance events in American history. …

The Development Of A Code For Australian Psychologists, Alfred Allan

Research outputs 2011

Section 35(1)(c) of the Health Practitioner Regulation National Law Act (200929. Health Practitioner Regulation National Law Act of 2009. (Queensland). View all references) requires the newly formed Psychology Board of Australia (PsyBA) “to develop or approve standards, codes and guidelines.” In 2010 the PsyBA decided to initially adopt the Australian Psychological Society's (APS) Code of Ethics (200711. Australian Psychological Society . 2007 . Code of ethics , Melbourne, , Australia : Author . View all references) and develop a new code in the future with the involvement of key stakeholders without deciding what the nature of this code will be. …

Insurance Theory And Challenges Facing The Development Of Microinsurance Markets, James C. Brau, Craig B. Merrill, Kim B. Staking

Faculty Publications

Microinsurance institutions and instruments have developed rapidly over the last decade, with policies covering tens of millions at the base of the economic pyramid. Ranging from simple policies providing life or health insurance to complex policies covering catastrophic risks for small landholders, it is a market with proven potential that demands closer attention. This paper provides a review of the nascent academic literature and then suggests some critical elements of insurance theory that may help us understand the challenges facing microinsurance markets and how these markets can better serve the needs of their customers. Although the basic theory is well …

Beware Of Wooden Nickels: The Paradox Of Florida's Legislative Overreaction In The Wake Of Kelo, Ann Marie Cavazos

Journal Publications

This article addresses Florida's reaction to the United States Supreme Court decision in Kelo v. City of New London. In Kelo, the Court provided a more expansive view of "the public use" of the Fifth Amendment Takings Clause to include taking property from one private owner and transferring it to a corporation or non-private citizen when the transfer is deemed by the lawmakers to be in the public good or for a public purpose. Florida, together with several other states, concluded that such eminent domain takings, while constitutionally permissible, offend the states' sense of fair play as it relates to …

A Hypothetical Postulate For The Polemic Of Extraordinary Rendition Vis-A-Vis The Paradigm Of Asymmetric Warfare, John C. Duncan, Jr.

Journal Publications

This article presents a controversial hypothetical approach to a side of the polemic regarding extraordinary rendition. War is not always controlled by rules, fairness, or ethics. The United States would prefer the foregoing if forced to go to war, but the enemy may not follow the same approach. As a result, the United States becomes hampered by unilaterally self-imposed rules and standards. Conceivably, we could fail to achieve our military objective because of the enemy's adherence to a very different approach and beliefs regarding warfare. Were we to have the privilege of fighting under relatively similar rules with the other …

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

Utah Court of Appeals Briefs (2007– 2019)

IN THE UTAH COURT OF APPEALS JIM AND JAN PURKEY, Plaintiffs, v. KENT MAX ROBERTS AND JILENE ROBERTS, Defendants/Cross-Claimant/Appellant, V. DR. ROGER RUSSELL, Cross-Defendant/Appellee. CaseNo.:20110365-CA Dist. Ct. Case No.: 070600015 AMENDED BRIEF OF APPELLEE 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 Michael E. Day (7843) Nathan Whittaker (11978) Day Shell & Liljenquist, L.C. 45 E. Vine Street Murray, Utah 84107 Attorneys for Appellant \k. Charles W.Hanna (1326) Law Offices of Charles W. Hanna 50 …

Have You Been Drinking Tonight Ms. Prynne - Ohio's Scarlet Letter For Ovi/Dui Offenders: A Violation Of First Amendment Protection Against Compelled Speech, William Livingston

Cleveland State Law Review

This note examines the history of scarlet letter punishments. These types of sanctions raise many constitutional concerns; this Note will specifically address First Amendment compelled speech. Different standards of constitutional review for First Amendment violations and probation conditions will also be discussed. The note will also explain how Ohio's special license plate violates the First Amendment. Because the license plate is a legislative requirement that infringes upon free speech and eliminates judicial sentencing discretion, the state's interest must pass strict scrutiny. This analysis will confirm that the state's interest is legitimate but not compelling. The special license plate fails to …

The Constitutional Status Of Speech About Oneself, R. George Wright

Cleveland State Law Review

We have accepted above the well-established idea that speech about oneself that is also intended to convey some sort of political idea or to address some matter of public concern can typically be distinguished from speech about oneself with no such further intent. On this basis, we have argued, contrary to recent contentions, that the latter sort of speech-speech that is "merely" about the self, or about one's merely personal or private concerns-should not generally qualify for any sort of elevated free speech protection. Fundamentally, this is because such speech does not systematically promote any of the consensually recognized and …

The Importance Of Immutability In Employment Discrimination Law, Sharona Hoffman

Faculty Publications

This article argues that recent developments in employment discrimination law require a renewed focus on the concept of immutable characteristics. In 29 two new laws took effect: the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act Amendments Act (ADAAA). This Article’s original contribution is an evaluation of the employment discrimination statutes as a corpus of law in light of these two additions.

The Article thoroughly explores the meaning of the term “immutable characteristic” in constitutional and employment discrimination jurisprudence. It postulates that immutability constitutes a unifying principle for all of the traits now covered by the employment …