Digital Commons Network^™

Public Sector Labor Law And History: The Politics Of Ancient History?, William A. Herbert

Publications and Research

This article discuss three books that address various aspects of public sector labor history. It seeks to contextualize the current debate over public sector labor law and relations through the lessons of relevant history. The first book discussed is entitled The Man Who Saved New York: Hugh Carey and the Great Fiscal Crisis of 1975, by Seymour P. Lachman and Robert Polner. It recounts the leadership of Governor Carey and public sector labor leaders in reaching negotiated solutions through collective bargaining that helped solve New York City's fiscal crisis in 1975. The second book is a long-forgotten 1948 treatise Government …

Haiti Earthquake January 2010: What Actions And Policies Can The Government Of Haiti Implement To Improve Emergency Management Response, Steve Cohen

Master's Projects

In 2010, Haiti experienced a devastating earthquake that destroyed much of its capital city and the governmental offices that should have guided the response to the disaster. This research focuses on how Haiti can benefit from the Caribbean Disaster Management Agency’s standards for disaster resilience as it works to recover from the earthquake. Unfortunately, Haiti has long been dependent on assistance from non-governmental organizations due to its extreme poverty; its recovery is complicated by the need to integrate disaster assistance and on-going economic and social assistance into its development of a more resilient society.

Annual Report Fiscal Year 2009-2010, Tennessee. Department Of Safety & Homeland Security.

Annual Report

No abstract provided.

Putting Rationality Back Into The Rational Basis Test: Saving Substantive Due Process And Redeeming The Promise Of The Ninth Amendment, Jeffrey D. Jackson

University of Richmond Law Review

This article argues for the adoption of a strengthened rational basis test that would allow courts to scrutinize the actual purpose behind legislation and demand that the legislation actually be reasonably related to its valid legislative purpose. Part II looks at the question of why it is desirable to save substantive due process rather than replace it with some other doctrine. Part III examines how substantive due process came to be the dominant form of protection for unenumerated rights, and how it has evolved from its antecedents in English law to the current test. It concludes that substantive due process …

The Myths And Realities Of Correctional Severity: Evidence From The National Corrections Reporting Program On Sentencing Practices, John F. Pfaff

Faculty Scholarship

No abstract provided.

Finding A Lazarus, Keith Reeves , '88

Political Science Faculty Works

No abstract provided.

How Information Literacy Becomes Policy: An Analysis Using The Multiple Streams Framework, Sharon A. Weiner

Libraries Faculty and Staff Scholarship and Research

There is growing recognition that information literacy is a critical skill for educational and workplace success, engagement in lifelong learning, and civic participation. To be considered for allocations of financial and human resources, information literacy must become a policy priority for institutions and societies. There is no published examination of factors that may influence the adoption of information literacy as a policy priority. This article explores aspects of the policy process from a U.S. perspective that can favor or impede the inclusion of information literacy on political agendas. It examines these questions through the multiple streams framework of policy processes. …

Preparing The Young Offender For Return To Society: A Theoretical Evaluation Of Guyanese Juvenile Delinquents' Narratives Based On General Treatment Models, Bertlyn Gretna Reynolds

Wayne State University Dissertations

The site of the study is a co-educational detention center known as the New Opportunity Corps (NOC), located in a former British colony of South America, now known as Guyana. Forty- eight detainees of this institution, which is also legally designated a training school, were interviewed about their backgrounds, daily activities and plans for the future. These structured interviews were used to test the central tenets of Sociological theories with some bearing on crime. Some of the findings are presented in the form of narrative analysis which includes discussion of various factors likely to have caused their juvenile delinquency. Family …

Riot Or Rebellion: Media Framing And The 1967 Detroit Uprising, Casandra E. Ulbrich

Wayne State University Dissertations

Frames make sense of complex issues and events, including identifying who is to blame and who or what is responsible for overcoming the problem. This research builds on the growing list of framing research, but takes the focus in a new direction, focusing on the longevity of frames and how they may transition over time. This dissertation offers an in-depth case study of framing effects by analyzing media coverage from the 30 days following the 1967 Detroit uprising and comparing that coverage with the 40th anniversary coverage of the same event. By analyzing the uprising through a 40-year lens, this …

Conflict, Climate Change, And Environmental Catastrophe: How Mediators Can Help Save The Planet, Kenneth Cloke

Cardozo Journal of Conflict Resolution

The recent oil spill by British Petroleum in the Gulf of Mexico highlights an escalating set of difficulties in our responses to environmental catastrophes, with echoes that resonate and reverberate with experiences responding to Hurricane Katrina in New Orleans, earthquakes in Haiti and Peru, firestorms in Russia, flooding in Pakistan, the tsunami in Indonesia, and others.

Crime And Education: College Students And Their Relationship With The Clery Act, Matthew Robert Bush

All NMU Master's Theses

No abstract provided.

Mcdonald V. Chicago, Self-Defense, The Right To Bear Arms, And The Future, Richard Aynes

Akron Law Faculty Publications

This article examines the opinion of the Court in McDonald v. Chicago and its implications for the future. The author participated as a party-amicus in the case and an article he authored in 1993 was cited by the Court.

Using a concept that others have applied in other situations, this paper suggests that Chicago was a “outlier” and that this case simply involved reigning in a maverick outlier. While the paper finds Justice Thomas’s concurring opinion (with the exception of dicta on the establishment clause) being the most faithful to the meaning, intention, and public understanding of the 14th Amendment, …

Boumediene, Munaf, And The Supreme Court's Misreading Of The Insular Cases , Andrew Kent

Faculty Scholarship

In 2008, the Supreme Court embraced both global constitutionalism - the view that the Constitution provides judicially enforceable rights to non-citizens outside the sovereign territory of the United States - and what I call human-rights universalism - the view that the Constitution protects military enemies during armed conflict. Boumediene v. Bush found a constitutional right to habeas corpus for non-citizens detained as enemy combatants at the Guantanamo Bay naval base in Cuba, while Munaf v. Geren - decided the same day as Boumediene and involving U.S. citizens detained in Iraq during the war there - hinted that the Due Process …

Localities As Equality Innovators, Robin A. Lenhardt

Faculty Scholarship

This Article thus argues that instead of regarding cities and localities that, like Seattle and Louisville, try to develop serious solutions to existing racial disparities as "bad cities" no different from those whose notorious policies spurred the civil rights movement of the 1950s and 1960s, we should be regarding them as potential "equality innovators.” Their on-the-ground experience with the realities of race and its operation in the twenty-first century arguably places them in a better position than courts to develop innovative approaches to the structural racial inequities with which so many municipalities must grapple. Existing doctrine limits dramatically the ability …

Financial Industry Self-Regulation: Aspiration And Reality, Steven L. Schwarcz

Faculty Scholarship

This essay on financial industry self-regulation responds to Professor Saule Omarova’s recent article on that topic, Wall Street as Community of Fate: Toward Financial Industry Self-Regulation, 159 U. PA. L. REV. 411 (2011).

Maintaining And Enhancing The Integrity Of Adr Processes: From Principles To Practice Through People, Kellam, Nadja Alexander, Nadja Marie Alexander, Andrew Bickerdike, Andrew Greenwood, Margaret Halsmith, Norah Hartnett, Ian Hanger Hanger, Tom Howe, Elizabeth Kelly, Stephen Lancken, Gaye Sculthorpe, Lindsay Smith, Warwick Soden, Tania Sourdin

Research Collection Yong Pung How School Of Law

Nadja Alexander was contributor to the Report as council member of National Alternative Dispute Resolution Advisory Council.In this Report, the National Alternative Dispute Resolution Advisory Council (NADRAC) canvasses particular issues that support the integrity of alternative dispute resolution (ADR) processes, and that are identified in the Terms of Reference. These are: conduct obligations, rules about confidentiality and inadmissibility of communications within ADR processes, and immunity of ADR practitioners from being sued. The Report explains NADRAC’s understanding of the breadth of the concept of integrity as it applies to ADR processes, canvasses the views of interested parties about the integrity of …

An Overview Of The Capital Jury Project For Military Practitioners: Aggravation, Mitigation, And Admission Defenses, Eric R. Carpenter

Faculty Publications

No abstract provided.

Career And Technical Education Program Alignment With Local Workforce Needs, Karla Beth Hargis

Online Theses and Dissertations

This research attempted to answer whether or not career and technical education (CTE) in a section of Kentucky's Appalachian Region was meeting the employment needs of local business and industry through appropriate program alignment and provision of 21st century soft skills. This study utilized a quantitative approach devoid of researcher invention. Job quotients were used as a measure of program alignment. Job quotients were calculated using the number of jobs available in particular labor markets as the numerator and the aggregate enrollment of respective CTE programs as the denominator. A job quotient of one demonstrates alignment in that a position …

A Call To Arms: The Militarization Of Natural Disasters In The United States, Ashley Katherine Farmer

Online Theses and Dissertations

Natural disasters are an expected and uncontrolled part of history, and will continue and possibly worsen in the future. The humanitarian focus that has characterized disaster response throughout the years is changing, as is the way the federal government responds to large-scale natural disasters. In recent years, the primary concern in responding to these catastrophes has shifted from the well-being of citizens to the security and safety of the area impacted. Security and crime have become a main focus, with the military increasingly gaining a more prominent role in relief efforts. This thesis will provide evidence that the militarization of …

The Political (And Other) Safeguards Of Religious Freedom, Richard W. Garnett

Journal Articles

This essay is a contribution to a symposium marking the 20th anniversary of the Supreme Court’s still-controversial decision in Employment Division v. Smith. That decision, it is suggested, should not be read as reflecting or requiring hostility or indifference towards claims for legislatively enacted accommodations of religion. Smith is not an endorsement of religion-blind neutrality in constitutional law; instead, it assigns to politically accountable actors the difficult, but crucially important, task of accommodating those whose religious exercise would otherwise be burdened by generally applicable laws. The essay goes on to suggest several things that must be true of our law …

Prophylactic Rules And State Constitutionalism, Arthur Leavens

Faculty Scholarship

When the post-Warren Supreme Court began trimming back individual rights, some state courts responded by interpreting analogous or cognate state constitutional provisions to find broader protections, prompting a vigorous debate concerning the legitimacy and interpretive methodology of such state constitutionalism. How can two constitutional provisions, sharing the same language and history, mean different things? This Article looks at that question in the context of so-called prophylactic rules—those specific constitutional rules meant to guide the implementation of broader federal constitutional principles. Miranda ’s warning-and-waiver construct is probably the best known prophylactic rule, but such rules abound, particularly in criminal procedure.

This …

Amplify Pdx, Becky Bodonyi, Julia Crain, Rowan Steele, David West

Master of Urban and Regional Planning Workshop Projects

A two-pronged process, AmplifyPDX required managing two parallel and concurrent but mutually informative processes: creation of the Community Assessment Workbook as well as implementation of the Workbook in a particular community. To develop the Workbook, Mosaic Planning Group conducted a literature review, assembled an Advisory Committee and interviewed key informants with expertise on neighborhood planning, community organizing, and the Portland metropolitan region. Finally, in order to develop a user-friendly and effective community assessment workbook, Mosaic Planning Group tested certain elements of the Workbook in the Southeast Portland neighborhoods of Brentwood-Darlington and Woodstock. This project was conducted under the supervision of …

Public Safety Directors' Leadership Role For The Implementation Of The National Incident Management System, John C. Mccauley

Walden Dissertations and Doctoral Studies

The National Incident Management System (NIMS) is the result of Homeland Security Presidential Directive 5 (HSPD-5). NIMS requires the Secretary of Homeland Security to develop a national policy template for state, local, regional, and federal agencies to work together during emergencies. One difficulty with NIMS is that state and local agencies interpret and implement NIMS requirements differently. Using Lusier & Achua's theory of integrative leadership and Burns, Bass, Kouzes, and Posner's concept of transformational leadership, this study examined the relationship between the leadership provided by city public safety directors (CPSDs) and effective NIMS implementation at the local level. Two research …

The Federalization Of Nonprofit And Charity Law, Dana Brakman Reiser

Kentucky Law Journal

No abstract provided.

The Federalization Of The Duty Of Loyalty Governing Charity Fiduciaries Under United States Tax Law, Johnny Rex Buckles

Kentucky Law Journal

No abstract provided.

Choking Out Local Community Service Organizations: Rising Federal Tax Regulation And Its Impact On Small Nonprofit Entities, Nicole S. Dandridge

Kentucky Law Journal

No abstract provided.

Cost Conscious Justice: The Case For Wholly-Informed Discretionary Sentencing In Kentucky, Emily M. Grant

Kentucky Law Journal

No abstract provided.

In Defense Of Deterrence, Andrew Popper

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Career Locker For At-Risk Youth, Roberto Garcia

Capstone Projects and Master's Theses

While interning for the Santa Cruz Probation Department-Juvenile Division, during my Fall 2010 to Spring 2011semesters, I was able to offer an on-line career planning tool program for at-risk youth. The goal of the Career Locker program was to increase school bonding, and career school interest to decrease juvenile delinquency in Santa Cruz County. The Career Locker consisted of assessing the youth’s career interests to match those interests to a specific career, so that youth could explore different educational institutions that offered preparation for their desired career.

Promoting Democracy In Prosecution, Russell M. Gold

Articles

No abstract provided.