Digital Commons Network^™

Can Preemption Protect Public Participation ?, Adam Babich

Case Western Reserve Law Review

No abstract provided.

Imaginary Threats To Government's Expressive Interests, Helen Norton

Case Western Reserve Law Review

No abstract provided.

Ending Indefinite Detention Of Non-Citizens, Andrew Bramante

Case Western Reserve Law Review

No abstract provided.

Discretion Without Choice: Sexual Offender Legislation And Judicial Discretion, Jonathan C. Varhola

Browse all Theses and Dissertations

In a historically recent development, sex offenders have arguably become a focal point of attention in discourses surrounding sexuality, childhood, and crime. Much research has been accomplished regarding the treatment and recidivism of such offenders, as well as consequences of sex offender legislation and policy initiatives. However, little research has been done regarding specifically the discretion of criminal justice agency professionals involved in the day-to-day handling of these types of cases. This study focused on the effects of such policies on judicial discretion, as measured by sentencing outcomes. Data was collected from publicly available internet sexual offender registries and county …

Commerce In The Commons: A Unified Theory Of Natural Capital Regulation Under The Commerce Clause, Blake Hudson

Journal Articles

Scholars continue to debate the scope of Congress’s Commerce Clause authority and whether fluctuations in the U.S. Supreme Court’s Commerce Clause jurisprudence place federal environmental regulatory authority at risk. Yet when one analyzes major Commerce Clause cases involving resource regulation since the beginning of the modern regulatory state, a consistent theme emerges: both the Supreme Court and Circuit Courts of Appeal have consistently upheld federal authority to regulate depletable natural resources, the appropriation of which is non-excludable - key characteristics of a commons. Commerce Clause jurisprudence can be interpreted as treating appropriation of this natural capital, here described as “privatized …

Panel On Federalism In Practice -- National And Local Perspectives On States' Use Of Criminal Law To Regulate Undocumented Or Unauthorized Migration, Raymond T. Diamond, Ingrid Eagly, Hiroko Kusuda

Journal Articles

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

Faculty Scholarship

The second generation of state constitutionalism is now emerging. With the methodology of autonomous state constitutional protection more clearly defined, courts and legislatures are turning to the task of determining when, and from whom, they should award damages to citizens deprived of their state constitutional rights. State courts, as well as legislatures contemplating statutes authorizing damage actions, will be tempted to borrow United States Supreme Court interpretations of 42 U.S.C. §1983 in shaping civil relief for infringement of state constitutional rights. This article argues that the Supreme Court’s Section 1983 remedies doctrine is a product of statutory, structural and institutional …

Crumbling Infrastructure, Crumbling Democracy: Infrastructure Privatization Contracts And Their Effects On State And Local Governance, Ellen Dannin

Faculty Scholarship

Key arguments for privatizing public infrastructure range from providing money so cash-strapped governments can fix crumbling infrastructure and build much needed new infrastructure to shifting future financial risk from the public to a private contractor. The reality, though, is far different. Provisions commonly found in infrastructure privatization contracts make the public the guarantor of private contractors' expected revenues. Indeed, were it not for provisions that protect contractors from diminution of their expected returns, the contracts would be far shorter and much less complex. An effect of those contract provisions is to give private contractors a quasi-governmental status with power over …

Laboratory Assays Of Select Candidate Insecticides For Control Of Dendroctonus Ponderosae, Christopher J. Fettig, Christopher J. Hayes, Stephen R. Mckelvey, Sylvia R. Mori

United States Department of Agriculture, Forest Service / University of Nebraska-Lincoln: Faculty Publications

BACKGROUND: The mountain pine beetle, Dendroctonus ponderosae Hopkins (Coleoptera: Curculionidae, Scolytinae), is the most destructive bark beetle in western North America. Dendroctonus ponderosae can be prevented from successfully colonizing and killing individual trees by ground-based sprays of insecticides applied directly to the tree bole. However, the future availability of several active ingredients, including carbarylwhich is most commonly used in thewestern United States, is uncertain. Two novel insecticides, cyantraniliprole [Cyazypyr ™-OD (oil dispersion) and Cyazypyr ™-SC (suspension concentrate)] and chlorantraniliprole (Rynaxypyr ®), and carbaryl were assayed in both filter paper and topical assays.

RESULTS: Compared with 20 000 mg L^{−1 …}

The Carrot Or The Stick? Evaluation Of Education And Enforcement As Management Tools For Human-Wildlife Conflicts., Sharon Baruch-Mordo, Stewart W. Breck, Kenneth R. Wilson, John Broderick

United States Department of Agriculture Wildlife Services: Staff Publications

Evidence-based decision-making is critical for implementing conservation actions, especially for human-wildlife conflicts, which have been increasing worldwide. Conservation practitioners recognize that long-term solutions should include altering human behaviors, and public education and enforcement of wildlife-related laws are two management actions frequently implemented, but with little empirical evidence evaluating their success. We used a system where human-black bear conflicts were common, to experimentally test the efficacy of education and enforcement in altering human behavior to better secure attractants (garbage) from bears. We conducted 3 experiments in Aspen CO, USA to evaluate: 1) on-site education in communal dwellings and construction sites, 2) …

Regulated Commercial Harvest To Manage Overabundant White-Tailed Deer: An Idea To Consider?, Kurt C. Vercauteren, Charles W. Anderson, Timothy R. Van Deelen, David Drake, W. David Walter, Stephen Vantassel, Scott E. Hygnstrom

United States Department of Agriculture Wildlife Services: Staff Publications

Declines in hunter recruitment coupled with dramatic growth in numbers of white-tailed deer (Odocoileus virginianus) have challenged our ability to manage deer populations through regulated hunting. We review the efficacy of current regulated hunting methods and explain how they are unable to reduce deer numbers sufficiently in some environments. Regulated commercial harvest would provide an additional tool to help state wildlife agencies manage overabundant populations of white-tailed deer. We outline potential means to govern regulated commercial deer harvest and explain how it is compatible with the North American Model of Wildlife Conservation. We identified several benefits, including reduced …

Nevada County’S Assisted Outpatient Treatment Program: A Model For Other California Counties To Adopt?, Ralph J. Murrieta Jr.

Master's Projects

In May 2008, Nevada County became the first county in California to fully implement an Assisted Outpatient Treatment (AOT) program under the guidelines established by Assembly Bill 1421 (Keller, 2011). The Assisted Outpatient Treatment Demonstration Project Act of 2002, more commonly known as “Laura’s Law”, established guidelines for the court ordering of treatment for persons incapacitated by a mental disorder (California Department of Mental Health [CA DMH], 2003).

Passed in September 2002, the bill was highly controversial leading up to its passage and remains a very divisive issue today (Fagan, 2010). This paper will focus on the provisions of the …

An Approach To Engagement With Youth In Gangs Participatory Action Projects, Lisa Armstrong

Theses and Dissertations (Comprehensive)

The purpose of this study was to investigate the process of engaging youth who have been involved with gangs in the context of a local street gang prevention project. A case study of the local project was conducted with interviews with twelve (N= 12) participants, most of whom were project staff Interviews were conducted by the author and two youth co-researchers. Findings illustrate the meaning of youth engagement to the participants, ideal roles for staff members and youth, and the relevance of a youth advisory committee as an outlet for future engagement in this program. Based on these …

Do Sex Offender Registration And Notification Laws Affect Criminal Behavior?, J. J. Prescott, Jonah E. Rockoff

Articles

Sex offenders have become the targets of some of the most far-reaching and novel crime legislation in the U.S. Two key innovations in recent decades have been registration and notification laws which, respectively, require that convicted sex offenders provide valid contact information to law enforcement authorities, and that information about sex offenders be made public. Using the evolution of state law during the 1990s and 2000s, we study how registration and notification affect the frequency of reported sex offenses and the incidence of such offenses across victims. We find evidence that registration reduces the frequency of sex offenses by providing …

Arizona’S Senate Bill 1070: Targeting The Other1 And Generating Discourses And Practices Of Discrimination And Hate, William Arrocha

Journal of Hate Studies

The state of Arizona, through its Senate Bill 1070, has made legal the practice of profiling as one of the key tools to regulate migration and differentiate those who are presumed to be residing in the state without legal documents. The state is encouraging xenophobia and empowering the groups with a strong anti-immigrant sentiment to become directly involved in the monitoring of such practice. History has shown us that when the state and large sectors of civil society exclude the “other” and criminalize his/her presence, hate toward the “other” is the most common result. The consequences of such a dynamic …

Censoring Crimes, Barak Y. Orbach, Allison S. Woolston

Cardozo Arts & Entertainment Law Journal

Concerns regarding the harmful influence of films on youth and adults have always motivated censorship and justified, in some minds, greater government control over content. Many motion pictures portray illegal conduct-theft, robbery, embezzlement, arson, drug dealing, assault, rape, murder, treason, and other crimes. In most instances, commission of the underlying crime is not needed for the production of the film. Despite the perpetual fear of the "capacity for evil" of films, the legality of motion pictures that commercialize crimes has not been studied as a concept. This Essay explores the reasons for this neglect and examines the problems this omission …

Detection And Quantification Of Poliovirus Infection Using Ftir Spectroscopy And Cell Culture, Felipe T. Lee-Montiel, Kelly A. Reynolds, Mark R. Riley

Department of Agricultural and Biological Systems Engineering: Faculty Publications

Background: In a globalized word, prevention of infectious diseases is a major challenge. Rapid detection of viable virus particles in water and other environmental samples is essential to public health risk assessment, homeland security and environmental protection. Current virus detection methods, especially assessing viral infectivity, are complex and time-consuming, making point-of-care detection a challenge. Faster, more sensitive, highly specific methods are needed to quantify potentially hazardous viral pathogens and to determine if suspected materials contain viable viral particles. Fourier transform infrared (FTIR) spectroscopy combined with cellular-based sensing, may offer a precise way to detect specific viruses. This approach utilizes infrared …

Rohlfs V. Klemenhagen, Llc: Is It Time To Revise Montana's Dram Shop Act?, Ross Sharkey

Montana Law Review

Rohlfs v. Klemenhagen, LLC: Dram Shop Act

Digital Public Service Media Networks To Advance Broadband And Enrich Connected Communities, Ellen P. Goodman, Anne H. Chen

Colorado Technology Law Journal

No abstract provided.

Throwing Away The Key: Has The Adam Walsh Act Lowered The Threshold For Sexually Violent Predator Commitments Too Far?, Tamara Rice Lave

Articles

No abstract provided.

Ongoing Studies In Rio Grande Valley History, Milo Kearney, Anthony K. Knopp, Antonio Zavaleta

Studies in Rio Grande Valley Regional History Series

Chupacabras, a poem / Milo Kearney -- The Texas Center for Border and Transnational Studies / Antonio Zavaleta with help from others -- History Through World War I : Comparative freedom in the borderlands: fugitive slaves in Texas and Mexico from the age of enlightenment through the U.S. Civil War / Francis X. Galan and Joseph Leon -- Contraband trade in Matamoros and its impact on the northern Mexican economy during the 1820s / Melisa Galvan -- Preparando los festejos para la inauguración del Ferrocarril a Monterrey / Andres F. Cuellar -- Adolf F. Dittman and Brownsville's first motion picture …

Falling Between The Atkins And Heller Cracks: Intellectual Disabilities And Firearms, Jana R. Mccreary

Chapman Law Review

No abstract provided.

Book Review

Journal of Air Law and Commerce

No abstract provided.

The Reconciliation Doctrine In The Mclachlin Court: From A “Final Legal Remedy” To A “Just And Lasting” Process, Constance Macintosh

Articles, Book Chapters, & Popular Press

The issue upon which this paper focuses is one that runs through much of the Aboriginal rights jurisprudence over the last ten years: the idea of “reconciliation." However, the way in which the term is deployed, the values that inform it, the logic that drives it, and the conclusions that it supports have shifted and are continuing to shift. There are considerable differences between how this term was used at the time of Lamer C.J., its meaning for the bench under McLachlin C.J., and the new role it has evolved to take on most recently. In particular, reconciliation has come …

Does Diversionary Feeding Create Nuisance Bears And Jeopardize Public Safety?, Lynn L. Rogers

Human–Wildlife Interactions

Diversionary feeding of black bears (Ursus americanus) around campgrounds and residential areas has received little study because of concerns that it might create nuisance bears and jeopardize public safety. To evaluate those concerns and assess its effectiveness in mitigating human–bear conflict, we studied diversionary feeding, habituation, and food conditioning at a U.S. Forest Service campground and residential complex near Ely, Minnesota. During 1981 to 1983, 6 bears (2/year) had been removed from this area as nuisances; but during 8 years of diversionary feeding (1984 to 1991), the only removals were 2 bears that had newly immigrated to the …

Cost-Benefit Analysis Of Managed Shotgun Hunts For Suburban White-Tailed Deer, Ryan D. Hubbard, Clayton K. Nielsen

Human–Wildlife Interactions

Deer managers often utilize managed hunts to curtail burgeoning white-tailed deer (Odocoileus virginianus) populations in suburban areas. Although several studies have used population modeling to focus management, these efforts generally provide only harvest numbers, without considering the spatial placement of hunters on the landscape. Further, few studies have modeled management effort as deer density changes during the hunt. We modeled 2 types of managed shotgun hunts, a replacement hunt, where the stand of each successful hunter would be filled the following day, thus, ensuring the same number of hunters would be present each day of the hunt, and …

Factors Governing Risk Of Cougar Attacks On Humans, David Mattson, Kenneth Logan, Linda Sweanor

Human–Wildlife Interactions

Since the 1980s wildlife managers in the United States and Canada have expressed increasing concern about the physical threat posed by cougars (Puma concolor) to humans. We developed a conceptual framework and analyzed 386 human– cougar encounters (29 fatal attacks, 171 instances of nonfatal contact, and 186 close-threatening encounters) to provide information relevant to public safety. We conceived of human injury and death as the outcome of 4 transitions affected by different suites of factors: (1) a human encountering a cougar: (2) given an encounter, odds that the cougar would be aggressive; (3) given aggression, odds that the …

Imaginary Threats To Government's Expressive Interests, Helen Norton

Publications

The Supreme Court’s emerging government speech doctrine permits the government to refuse to allow other parties to join, and thus change or distort, its own message. In this way, the government speech doctrine appropriately protects government’s legitimate – and valuable – expressive interests by providing a defense to free speech clause claims by private speakers who seek to compel the government to deliver their own views. Too often, however, governmental bodies are asserting their own expressive interests to claim – and some courts are permitting them to exercise – the power to punish private parties’ speech that does not threaten …

A Standard For Salvation: Evaluating “Hybrid-Rights” Free-Exercise Claims, William J. Haun

Catholic University Law Review

No abstract provided.

Reforming New Jersey's Vaccination Policy: The Case For The Conscientious Exemption Bill, Michael Poreda

Seton Hall Law Review

No abstract provided.