Digital Commons Network^™

The University Of New Orleans 2011 Hazard Mitigation Plan Update, Uno-Chart

CHART Publications

No abstract provided.

A Tribute To Patrick Baude, Randall T. Shepard, Lauren K. Robel, Daniel O. Conkle, Laura J. Cooper, Roger B. Dworkin, Jeffrey E. Stake

Indiana Law Journal

The Board of Editors dedicates Volume 86 of the Indiana Law Journal to the memory of Patrick Baude, who taught at the School of Law from August 1968 until his death in January 2011, and who served for many years as the faculty advisor for the Indiana Law Journal. As evidenced below, Professor Baude’s influence spread far beyond the bounds of his classroom walls, and his presence in the Law School’s community will be sorely missed.

Incendiary Speech And Social Media, Lyrissa Barnett Lidsky

UF Law Faculty Publications

Incidents illustrating the incendiary capacity of social media have rekindled concerns about the "mismatch" between existing doctrinal categories and new types of dangerous speech. This Essay examines two such incidents, one in which an offensive tweet and YouTube video led a hostile audience to riot and murder, and the other in which a blogger urged his nameless, faceless audience to murder federal judges. One incident resulted in liability for the speaker, even though no violence occurred; the other did not lead to liability for the speaker even though at least thirty people died as a result of his words. An …

The Simon Poll, 2011. Illinois Statewide, Paul Simon Public Policy Institute

Paul Simon Public Policy Institute Statewide Polls

The mission of the non-partisan Paul Simon Public Policy Institute polling is to provide citizens, policy-makers, and academic researchers with objective information about trends and issues facing society.

The 2011 Simon Poll interviewed 1,000 registered voters across Illinois. For the entire sample, the statistical margin for error of plus or minus 3 percentage points at the 95 percent confidence level. Poll conducted from October 11-16, 2011.

Areas covered:

General outlook, Illinois 2012 Primary Election, Presidential Race, Legislative Redistricting, Illinois budget, Campaign Finance, Term limits, Political reform, Immigration policy, Political polarization, economic situation, abortion, and gay marriage. The data also includes …

A Critical Perspective On The Interplay Between Our Federal Labor And Arbitration Laws, Kenneth T. Lopatka

South Carolina Law Review

No abstract provided.

Annual Security Report, 2010, Illinois State University Police Department

Clery Act Annual Security Report

Illinois State University Police Department Annual Security Report

Shadowing The Flag: Extending The Habeas Writ Beyond Guantanamo, Dawinder S. Sidhu

William & Mary Bill of Rights Journal

The writ of habeas corpus activates courts’ duty to check arbitrary or unlawful restraints by the Executive on individual liberty. In times of war, courts have been compelled to determine whether the writ is available to individuals held by the Executive outside of the territorial boundaries of the United States. In Johnson v. Eisentrager, in which World War II detainees were held in Germany, the Supreme Court answered in the negative, while in Boumediene v. Bush, involving post–9/11 detainees housedat Guantánamo, the Court reached the opposite conclusion. Operating within these two guideposts, the U.S. Court of Appeals for the District …

A Baseline For Downtown Transit-Oriented Development: Planning For Success In The Loyola Corridor, Peter Bennett

LSU New Orleans Theses and Dissertations

Transit-Oriented Development (TOD) in downtown areas is a distinct form of new development, creating walkable districts and 24-hour neighborhoods. A new streetcar on Loyola Avenue in the New Orleans Central Business District was planned to encourage new development in the area. By analyzing the current land uses and values, projections of future change predict over $500 million in added value. For this development to become a successful TOD, policies must encourage uses that generate ridership and increase walkability. Although the Loyola corridor has many historic attributes of a transit-oriented downtown, it currently lacks neighborhood identity. The new development associated with …

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

Faculty Publications

This issue brief presents the argument that state immigration enforcement laws, like Arizona's SB 1070, are unconstitutional. The Supreme Court's recent Whiting decision, upholding Arizona's E-Verify and business licensing law, does not not alter the analysis or conclusion with regards to broader enforcement type schemes.

Conceptions Of Borrowers And Lenders In The Canadian Payday Loan Regulatory Process: The Evidence From Manitoba And Nova Scotia, Freya Kodar

Dalhousie Law Journal

Commentators characterize thinking aboutpaydayloans as falling into two general perspectives. In one theory payday loans respond to market demand and are a sensible choice for a consumer with limited assets, credit, or other support when an unexpected financial need arises. The opposing theory holds that the loans are usurious and exploit vulnerable low-income borrowers. In 2007, amendments were passed exempting payday loans from the application of the criminal interest rate provisions of the Criminal Code if they were made by companies licensed by a province with a regulatory scheme. The author examines how federal and provincial lawmakers and administrative decision-makers …

The Fda, Preemption, And Public Safety: Antiregulatory Effects And Maddening Inconsistency, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Most people think of preemption as a technical constitutional doctrine, but it is pivotally important to health and safety, while also opening the door to broad judicial discretion. The Rehnquist and Roberts Courts’ pro-business/pro-preemption jurisprudence is distinctly antiregulatory, invalidating major state public health rules, such as in occupational safety, tobacco control, and motor vehicle safety. Apart from the antiregulatory effects, there is maddening inconsistency. Consider three relatively recent Supreme Court cases. In Riegel v. Medtronic, Inc. (2008), the Court held that federal law bars injured consumers from challenging the safety or effectiveness of FDA-approved medical devices. A year later, …

Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons

Faculty Publications

Remedying an elusive practice such as racial profiling remains a challenging issue for the judiciary and reformers must rely on other avenues for a solution. For example, even where evidence demonstrates that minorities are disproportionately stopped and searched, courts rarely recognize the victim's claim or provide relief. Thus, it is clear that courts will not be the catalysts of change. This Article argues that while courts may be reluctant to provide judicial remedies, police departments themselves should not ignore [minorities'] perceptions [of racial discrimination] and should take measures to reduce any possible profiling and increase partnerships with communities. An indication …

Rights And Remedies Under The Constitution: Extraterritorial Application Of The Writ Of Habeas Corpus, Christopher S. Ford

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Student Right To Know & Campus Security, Lindenwood University

Security Reports

2011-2012 Clery Report

Maxine Goodman Levin College Of Urban Affairs Biennial Report: 2010-2011 Report To The Community, Roslyn Bucy-Kaleal

All Maxine Goodman Levin School of Urban Affairs Publications

Mission: The Levin College of Urban Affairs at Cleveland State University is a nationally recognized institution dedicated to excellence in teaching, research, and service, actively engaged in improving opportunities for the citizens of the Greater Cleveland region and the state of Ohio. ­

Vision: The Levin College of Urban Affairs at Cleveland State University is a nationally recognized home of thought leaders in the area of urban policy and public management who transfer and extend that knowledge through teaching, research, and service. ­

Core Values: The Levin College community—faculty, staff , and students—values creating and transmitting knowledge, intellectual freedom and …

The Viability And Necessity Of Desertxpress And The Future Of Las Vegas, Charles Alexander Wellington

UNLV Theses, Dissertations, Professional Papers, and Capstones

Purpose

The purpose of this professional paper is to determine the effects of the DesertXpress, an interstate high-speed rail which will connect Las Vegas, NV and Southern California and will provide critical information as to the viability and economic strength that the high-speed rail will bring to the region.

Alternative To Incarceration Methods: A Case Study Of The Hall County Drug Court, Kristen Long White

Dissertations, Theses and Capstone Projects (Full IR Collection)

Over the last several years, it has become more and more economically difficult for counties and states to run their programs. One of the areas that has seen drastic budgetary cuts is the Criminal Justice System. Prisons, detention centers and other rehabilitative programs have been closed down across the country to solve some of the impending budget problems. This is one of the reasons that accountability courts have become a more accepted and utilized part of the criminal justice system. Many jurisdictions are taking advantage of what these programs have to offer in an effort to battle the rising cost …

Create Your Path, Expand Your World, Achieve Your Success, Bryant University

Bryant University Communications and Press

No abstract provided.

Punishment V. Restoration: A Comparative Analysis Of Juvenile Delinquency Law In The United States And Mexico, Beth Caldwell

Cardozo Journal of International and Comparative Law

The article critiques the punitive approach to juvenile justice in the United States, particularly in California, by contrasting it with Mexico's restorative model, as seen in Oaxaca. It argues that the U.S. system violates international human rights standards, fails to address adolescent development, and prioritizes punishment over rehabilitation, while Oaxaca's approach aligns with the U.N. Convention on the Rights of the Child and incorporates restorative justice principles. The analysis calls for U.S. juvenile justice reform, urging policymakers to consider Oaxaca's model and align policies with adolescent brain development research and human rights frameworks.

The Removability Of Non-Citizen Parents And The Best Interests Of Citizen Children: How To Balance Competing Imperatives In The Context Of Removal Proceedings?, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

The massive influx of illegal immigrants over the preceding decades has combined with the United States’ jus soli citizenship regime to produce a growing class of removable aliens: non-citizen parents of United States citizen children. The removability of parents obviously places the citizen children in the unfortunate position of having to leave their country of citizenship behind to accompany the parents, or arrange for living situations within the United States, perhaps with a relative, but be separated from their parents. The compelling interests raised by the removability of parents in such circumstances have given rise to distinct forms of relief …

Running On Empty: Municipal Insolvency And Rejection Of Collective Bargaining Agreements In Chapter 9 Bankruptcy, Richard W. Trotter

Southern Illinois University Law Journal

This Article conducts an in-depth analysis of the facts and law surrounding the potential modification and rejection of collective bargaining agreements by municipal debtors in Chapter 9 bankruptcy.  American municipal governments are in the midst of a widespread financial crisis.  Many are facing enormous budget deficits in 2011 and beyond.  As a result, the heretofore-unthinkable option of filing for bankruptcy protection pursuant to Chapter 9 of the Federal Bankruptcy Code is becoming increasingly viable.  One of the most vital issues presented by this poorly understood chapter of the Bankruptcy Code is if and how would-be municipal debtors can modify and …

Discovery Of Breathalyzer Source Code In Dui Prosecutions, Aurora J. Wilson

Washington Journal of Law, Technology & Arts

In driving under the influence (DUI) cases, prosecutors habitually rely on the results from breathalyzer tests as proof of the defendant’s blood alcohol level at the time of arrest. In response, DUI defendants often attempt to compel discovery of the source code contained in the test device, which can reveal whether the breath test at issue was performed accurately. Despite the popularity of this strategy, nearly all states to consider the issue have denied the defendant’s motion for discovery of breathalyzer source code. The majority of courts construe state and federal rules of criminal procedure to limit discovery orders to …

State Of Tennessee Treasurer's Report Fiscal Year Ended June 30, 2011, Tennessee. Department Of Treasury.

Treasurer’s Report

No abstract provided.

Narrative Of Neglect: Texas Prisons For Men, J K. Price, Susan Coleman

East Texas Historical Journal

No abstract provided.

Isn't It Ironic? The Undermining Of American Public Policy By American Tax Law, And The Ramifications On Middle East Peace, Amanda Berman

Cardozo Public Law, Policy & Ethics Journal

The note critiques the broad and vague definition of "charitable" under U.S. tax law, particularly in the context of domestic organizations operating internationally. It argues that the current system allows organizations to act contrary to U.S. public policy while receiving tax-exempt status, and it calls for reform to prevent the misuse of tax-deductible funds for activities that undermine government policies. The analysis focuses on the IRS's oversight failures and the need for clearer guidelines to ensure charitable organizations align with public interest and policy goals.

The Fourth Amendment Rights Of Children At Home: When Parental Authority Goes Too Far, Kristin Henning

William & Mary Law Review

Although it is virtually undisputed that children have some Fourth Amendment rights independent of their parents, it is equally clear that youth generally receive less constitutional protection than adults. In a search for continuity and coherence in Fourth Amendment jurisprudence involving minors, Professor Henning identifies three guiding principles—context, parental authority, and the minor’s capacity—that weave together children’s rights cases. She argues that parental authority too often prevails over children’srights, even when context and demonstrated capacity would supportaffirmation of those rights. Context involves both the physical settingin which Fourth Amendment protections are sought and the nature of the privacy interest at …

Help Me Help You: An Answer To The Circuit Split Over The Delegation Of Post-Sentence Judicial Authority To Probation Officers, David Kelch

Penn State Law Review (2003 - Present)

No abstract provided.

Brief: Fostering A Movement Towards Evidence-Based Screening, Assessment, And Treatment, Institute For Public Health And Justice, Evidence-Based Treatment And Services, Evidence Based Practices Dissemination Strategies

Policy & Position Papers

No abstract provided.

Youth Outcomes Study, Institute For Public Health And Justice, Data Collecting And Reporting

Policy & Position Papers

No abstract provided.

Juvenile Detention Screening Instruments: Determining Appropriate Placement For Young Offenders, Institute For Public Health And Justice, Screening And Assessment, Stephen Phillippi, Sara Crosby Juneau, Kelsey Witmeir

Policy & Position Papers

No abstract provided.