Digital Commons Network^™

Your Mayor, Your “Friend”: Public Officials, Social Networking, And The Unmapped New Public Square, Bill Sherman

Faculty Articles

The use of online social networks by local public officials has drawn the ire of local governments, some of whom have gone so far as to bar public officials from social networks for fear of violating campaign finance, open meeting, freedom of information, and government ethics laws. These objections overlook the unique nature of civic social networks as an emerging political institution, characterized by a high degree of transparency and intense public pressure for accountability. The nature of this new institution renders the alarmist reaction overblown. Civic social networks are the new public square, and local governments should embrace them …

How (Not) To Censor: Procedural First Amendment Values And Internet Censorship Worldwide, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

A growing number of countries censor speech on the Internet-- dictatorships and democracies alike. Free speech advocates deplore this state of affairs and argue for achievement of a worldwide consensus in which all countries accord their citizens nearly unrestricted Internet access. This Utopia of uncensored Internet access is, however, radically different from the current state of affairs and--given the trend toward more, not less, control over Internet access--is not likely to be achieved in the near future. Calls for the rest of the world to adopt the United States’ First Amendment’s version of broad free speech protections are not likely …

The Resurgent Second Amendment, Robert J. Cottrol

GW Law Faculty Publications & Other Works

This review essay explores the extent to which Adam Winkler and Robert H. Churchill address the resurgence of the Second Amendment debate in their respective books, Gunfight: The Battle Over the Right to Bear Arms in America, and To Shake Their Guns in the Tyrant's Face: Libertarian Political Violence and the Origins of the Militia Movement in light of the Supreme Court's decision in District of Columbia v. Heller. Cottrol approves of Winkler's Gunfight as an excellent review of the background and view of the oral argument presented to the Supreme Court in Heller, but critiques it as falling short …

Creating Knowledge, Volume 4, 2011

Creating Knowledge

The College of Liberal Arts and Sciences, through the deliberations and efforts of its task force on “Students Creating Knowledge”, chaired by Professor Ralph Erber, associate dean for research in the College of Liberal Arts and Sciences, committed itself to a number of new strategic initiatives that would enhance and enrich the academic quality of the student experience within the college. Chief among these initiatives was one that would encourage students to become actively engaged in creating scholarship and research and give them a venue for the publication of their essays. The first volume of “Creating Knowledge: The LA&S Student …

The Pendulum's Dance With Dictatorship And Democracy: A Look At Journalistic Successes And Failures Of The Twentieth Century Spanish Press, Margaret Whitaker Hutter

Honors Theses

The Spanish press has been compared by some to a pendulum, oscillating back and forth between a free press and a press subject to complete censorship by the Spanish government. This thesis is a study of the twentieth-century Spanish press between the years 1939 and 1989. In it I examine the swinging of the pendulum of the Spanish press between the dictatorship of Francisco Franco, the transition to democracy, and throughout the first decade of the established democratic Spanish state. I take a critical look at the journalistic successes, failures and trends of the Spanish press throughout this 50-year scope …

Disentangling Administrative Searches, Eve Brensike Primus

Articles

Everyone who has been screened at an international border, scanned by an airport metal detector, or drug tested for public employment has been subjected to an administrative search. Since September 11th, the government has increasingly invoked the administrative search exception to justify more checkpoints, unprecedented subway searches, and extensive wiretaps. As science and technology advance, the frequency and scope of administrative searches will only expand. Formulating the boundaries and requirements of administrative search doctrine is therefore a matter of great importance. Yet the rules governing administrative searches are notoriously unclear. This Article seeks to refocus attention on administrative searches and …

International Human Rights, A "Foolproof" Death Penalty Act, And The Politics Of Capital Punishment, Russell G. Murphy

Suffolk University Law School Faculty Works

A majority of American states recognize the death penalty as a lawful and constitutional sentence for the most serious crimes committed by the most dangerous and blameworthy criminals. However, in recent years, numerous flaws in capital punishment systems have caused courts in the United States to reverse death sentences. Over one hundred death row inmates have been exonerated and released from prison. These same problems – racial bias, untrustworthy evidence, police and prosecutor misconduct, jury malfunctioning – have been joined with more philosophical notions of the limits of government and respect for human dignity to make capital punishment a human …

Towards An Understanding Of Litigation As Expression: Lessons From Guantánamo, Kathryn A. Sabbeth

Faculty Publications

No abstract provided.

Metropolitan Water District Of Salt Lake And Sandy V. Zdenek Sorf : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a Judgment of the Third Judicial District Court of Salt Lake County Honorable Joseph C. Fratto, Jr.

Hearing The Cries: Conversations With Luther And The Bishop, Jonathan Rothchild

Theological Studies Faculty Works

No abstract provided.

Characteristics Of Juveniles Charged With Domestic Violence In The Jefferson County Family Court And The Effect Of Prior Domestic Violence Conviction On Case Disposition., Omobolanle Atinuke Ene-Korubo

All ETDs from UAB

Juvenile violence has received considerable attention both in criminological literature and policy circles, but this attention has largely ignored juvenile domestic violence offending, which is a growing problem in the Jefferson County Family Court. This study identifies the characteristics of juvenile domestic offenders in the Jefferson County Family Court, and examines the effect of prior domestic violence conviction on case disposition. Results indicate that these juveniles are black, males, inschool and the most likely victim of the violence is the juveniles mother. Prior domestic violence offending has no statistically significant effect on case disposition.

How Do Proponents And Opponents Of The United Nations Convention On The Rights Of The Child Explain Their Views Regarding Children's Participatory Rights? A Multiple Case Study, Marilee Manning Ransom

All ETDs from UAB

The United Nations Convention on the Rights of the Child (CRC), an international human rights treaty, has been ratified by every State except the United States and Somalia. It contains enumerated rights, including five articles pertaining to children's participation rights such as the right to speech, privacy, association, and religion. Ratification of the CRC is controversial, particularly because religious and social conservatives deem the CRC potentially harmful to families. Major education groups are among the myriad of CRC supporters in the Untied States. Thus far, supporters have been unable to achieve ratification. The purpose of this multiple case study was …

Cyber Operations And The Jud Ad Bellum Revisited, Michael N. Schmitt

Villanova Law Review (1956 - )

The article discusses the international law's governance of cyber operations as of July 2011, focusing on the application of Article 2(4) of the United Nations (UN) Charter and customary international law to cyber operations, as well as the UN Security Council's potential role as an enforcement agency in regards to computer network security threats. The U.S. Cyber Command (USCYBERCOM) is also mentioned.

2011-2012 Risd Course Announcement, Risd Registrar's Office, Risd Archives

RISD Course Catalogs / Announcements

No abstract provided.

Rethinking The Indefinite Detention Of Sex Offenders, Fredrick E. Vars

Articles

Thousands of sex offenders in the United States are being held indefinitely under civil commitment programs The analysis in this Article suggests that none or precious few belong there Specifically in a large dataset an instrument as good as the one most widely used by experts the "Static99" could not identify even one sex offender who met the legal standards for commitment Supplementing such instruments with additional information appears not to improve matters so the failure of the instrument is profoundly disturbingThere are three possible responses 1 improve instruments to meet existing standards 2 lower the standards and 3 abandon …

The Past And Future Role Of The Second Amendment And Gun Control In Fights Over Confirmation Of Supreme Court Nominees, Allen K. Rostron

Faculty Works

America’s elected representatives do many things well, but making firearms policies and assessing Supreme Court nominees are two with which they have struggled.

Gun control is one of the most volatile public policy issues. Many contend that a heavy price is paid every day because of inadequate controls on firearms. Others believe that legal restrictions on guns are counterproductive and that the freedom to have guns is in peril. This gun control versus gun rights debate has become deeply enmeshed in the political culture wars.

Similarly, few have good things to say about how the U.S. Senate reviews nominations of …

Reading Between The Lines: The South Dakota Supreme Court's Interpretation Of S.D.C.L. Section 20-9-4.1 In Gronseth V. Chester Rural Fire Protection District & Chester Fire Department, Holly R. Farris

South Dakota Law Review

No abstract provided.

Employment Restrictions For Individuals With Felon Status And Racial Inequality In The Labor Market, Darren Wheelock, Christopher Uggen, Heather R. Hlavka

Social and Cultural Sciences Faculty Research and Publications

No abstract provided.

Development And Testing Of An Unmanned Aircraft System For Environmental Science, Jerald James Brady

Open Access Theses & Dissertations

For some environmental science applications, Unmanned Aircraft Systems (UASs) are increasingly recognized for their capacity to collect remotely sensed data in a safer, more efficient and effective manner than is permitted with manned aircraft and satellite remote sensing platforms. To date, however, technological, human, and other challenges have constrained adoption of UASs in the environmental sciences. This study developed and tested a new UAS for an archetypical environmental science research group (stakeholder) composed of non-UAS experts. Specifically, this thesis: 1) Assessed the research and operational needs of the stakeholder to determine the optimum UAS platform; 2) Developed an Unmanned Aerial …

Segundo Barrio: Rich, Poor, Or Both?, Julie Anne Krill

Open Access Theses & Dissertations

ABSTRACT

This manuscript describes an exploratory study which was undertaken in Segundo Barrio; a historic neighborhood in El Paso, Texas. The purpose of the study was to identify formal and informal sources of social support through the perceptions of female residents in different stages of life. This community, while economically disadvantaged, has unique characteristics and resources and the researcher was interested in seeing how different age groups perceive them.

Guiding Research Questions:

What sources of social support do residents of Segundo Barrio identify as key sources of support within their neighborhood, Greater El Paso, and Ciudad Juarez, Chihuahua?

* Social …

Building Pathways Of Possibility From Criminal Justice To College: College Initiative As A Catalyst Linking Individual And Systemic Change, Susan P. Sturm, Kate Skolnick, Tina Wu

Faculty Scholarship

Across the United States, communities, especially marginalized and low income communities, face challenges resulting from the “school-to-prison pipeline”—a continuum of conditions increasing the probability that people from such marginalized communities, particularly black men, will find themselves in prison rather than college.1 Dismantling this pipeline has become a significant national focus of advocates and policy makers. In New York City, a network has emerged in the last ten years to focus on building a new pipeline from criminal justice to college. This network focuses on rebuilding the lives of the over 70 thousand people who have fallen into the school-to-prison pipeline. …

Randomization And The Fourth Amendment, Bernard Harcourt, Tracey L. Meares

Faculty Scholarship

Randomized checkpoint searches are generally taken to be the exact antithesis of reasonableness under the Fourth Amendment. In the eyes of most jurists checkpoint searches violate the central requirement of valid Fourth Amendment searches – namely, individualized suspicion. We disagree. In this Article, we contend that randomized searches should serve as the very lodestar of a reasonable search. The notion of "individualized" suspicion is misleading; most suspicion in the modem policing context is group based and not individual specific. Randomized searches by definition are accompanied by a certain level of suspicion. The constitutional issue, we maintain, should not turn on …

Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca Bignami

GW Law Faculty Publications & Other Works

This paper examines a recent twist in EU data protection law. In the 1990s, the European Union was still primarily a market-creating organization and data protection in the European Union was aimed at rights abuses by market actors. Since the terrorist attacks of New York, Madrid, and London, however, cooperation on fighting crime has accelerated. Now, the challenge for the European Union is to protect privacy in its emerging system of criminal justice. This paper analyzes the first EU law to address data privacy in crime-fighting - the Data Retention Directive. Based on a detailed examination of the Directive's legislative …

Negotiating The Boundaries Of Mental Health And Illness: A Study Of Recovery In Permanent Supportive Housing, Dennis P. Watson

Dissertations

Current sociological understandings of the effect that mental health services on consumers' daily lives are still heavily informed by research conducted during the era of institutional treatment. This is problematic considering that changes to mental health care have shifted the locus of treatment to community settings for the majority of those living with serious and persistent mental illness (SPMI). With this shift there has been a greater focus on consumer-centered recovery in mental health care. The current study addresses this gap in the research by studying the recovery process for formerly chronically homeless individuals with dually diagnosed serious and persistent …

Faculty Handbook, Georgia Southern University

Faculty Handbooks

Faculty Handbook for Georgia Southern University for the 2011-2012 academic year. The Faculty Handbook is published online by the Office of the Vice President for Academic Affairs and archived in Digital Commons@Georgia Southern.

Legal Considerations Relating To The Development Of Hydroelectric Facilities Within Rhode Island, Scott R. Gunst Jr.

Sea Grant Law Fellow Publications

No abstract provided.

Methodology Of Comparative Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

The Architecture Of First Amendment Free Speech, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Hot Crimes: A Study In Excess, Steven P. Grossman

All Faculty Scholarship

Societies appear to be subject, every now and then, to periods of moral panic. . . . [I]ts nature is presented in a stylized and stereotypical fashion by the mass media; the moral barricades are manned by editors, bishops, politicians and other right thinking people; socially accredited experts pronounce their diagnoses and solutions; ways of coping are evolved or (more often) restored to; . . . sometimes the panic passes over and is forgotten . . . at other times it has more serious and long-lasting repercussions and might produce such as those in legal and social policy or even …

Weatherford: Undergraduate Catalog 2011-2012, Southwestern Oklahoma State University

Undergraduate Catalogs

No abstract provided.