Digital Commons Network^™

An Industry Missing Minorities: The Disparate Impact Of The Securities And Exchange Commission's Fingerprinting Rule, Kelly Noonan

Chicago-Kent Law Review

The Equal Employment Opportunity Commission ("EEOC") recently asserted that the use of criminal background checks as an employment screening tool may have a disparate impact on African Americans and Hispanics, in violation of Title VII of the Civil Rights Act of 1964. The EEOC and some private claimants have even filed lawsuits against employers claiming disparate impact violations based on statistics that show African Americans and Hispanics are considerably more likely to have criminal records than other racial groups. Yet, certain federal regulatory agencies require participants in their industries to subject employees to criminal background checks as a condition of …

Aedpa's Ratchet: Invoking The Miranda Right To Counsel After The Antiterrorism And Effective Death Penalty Act, David Rubenstein

Washington Law Review

In Davis v. United States, the United States Supreme Court established a high standard to invoke the Miranda right to counsel, holding that a suspect must make a clear and unequivocal request for an attorney. Two years later, Congress passed the Antiterrorism and Effective Death Penalty Act (AEDPA), which created a highly deferential standard of review for state court judgments challenged under federal habeas corpus jurisdiction. Generally, a state prisoner challenging the alleged deprivation of his Miranda right to counsel may obtain federal court relief under AEDPA only if his conviction in state court was based on an “objectively …

Nebraska Legislative Planning Database 2011-2012, Center For Public Affairs Research (Cpar)

Past Publications

The Nebraska Legislature's Planning Committee was created in 2009 with the passage of LB 653, in order to help establish a process of long-term state planning with the Nebraska Legislature. The committee was created to assist state government in identifying emerging trends, assets, and challenges of the state and the long-term implications of the decisions made by the Nebraska Legislature.

The goals and benchmarks in the database were developed and approved by the Legislature's Planning Committee to present a common-sense and data-driven assessment of key areas important to Nebraskans' quality of life. This database is a joint initiative with the …

Fiscal Year 2011 Fhwa-536 Report For The Kentucky Transportation Cabinet, Steven Douglas Kreis, Candice Y. Wallace, Bryan Gibson, Sarah M. Mccormack

Kentucky Transportation Center Research Report

The Federal Highway Administration (FHWA) requires state transportation agencies to submit a biennial report on local highway finances. The purpose of these reports is to provide FHWA with the data it needs to capture the financing of highway activities at the local level. Based on this information, it can identify trends in revenue, expenditures, investments, and program development, and in turn make decisions about future investments. The report, FHWA-536, asks agencies to report on four areas of local highway finance: 1) disposition of highway-user revenues; 2) revenues used for roads and streets identified by source and funding type; 3) road …

Spectrum Reallocation And The National Broadband Plan, Jeffrey A. Eisenach

Federal Communications Law Journal

Of the several significant changes in United States telecommunications policy proposed by the National Broadband Plan, none are more substantial than its proposals for spectrum policy. In particular, the Plan proposes to reallocate 500 MHz of spectrum from broadcast television, mobile satellite, government and other current uses to "mobile broadband" through the use of innovative "incentive auctions" and other voluntary, market-oriented mechanisms. The Plan's spectrum proposals have the potential to be a major step forward in the decades-long, bipartisan effort to replace "command-and-control" spectrum allocation with a more flexible, dynamic and market-oriented approach. Considerable work remains to be done, however, …

Putting A Price On Dirt: The Need For Better-Defined Limits On Government Fees For Use Of The Public Right-Of- Way Under Section 253 Of The Telecommunications Act Of 1996, Thomas W. Snyder, William Fitzsimmons

Federal Communications Law Journal

This Article addresses the enactment and inconsistent application of Section 253 of Telecommunications Act of 1996 ("FTA"). Most courts initially held that Section 253 imposed strong limitations on local governments seeking to charge fees to telecommunications carriers for use of the public rights-of-way ("PROW') by generally limiting the fees to management costs. Unfortunately, recent cases allowed local governments broad latitude in charging PROW fees to generate revenue, even where the fees are used to subsidize other government services. These "revenue-generating" fees are dangerous to the development of competition and the deployment of Internet services, which were the two primary goals …

Transcript From Faculty Senate Meeting December 1, 2011, Frank Bove

The University of Akron Faculty Senate Chronicle

No abstract provided.

India's Nuclear Civil Liability Bill And Supplier's Liability: One Step Towards Modernizing The Outdated International Nuclear Liability Regime, Arya Hariharan

William & Mary Environmental Law and Policy Review

No abstract provided.

Hawks' Herald -- December 1, 2011, Roger Williams University

Hawk's Herald

No abstract provided.

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn

Mercer Law Review

The difficult economic times and resulting budget cuts to many state agencies were evident in the reduced number of high-level administrative law cases brought before the courts during this survey period. It seems in tough times such litigation is often not pursued to the degree it is in a more comfortable economic climate. As the economy begins to recover, we will likely see an increase in the number and complexity of administrative law cases brought before the appellate courts.

This Article is a survey of cases from the Georgia Supreme Court and Georgia Court of Appeals from June 1, 2010 …

Alaska Justice Forum ; Vol. 28, No. 4 – Vol. 29 No. 1 (Winter 2012 / Spring 2012), Sharon Chamard, André B. Rosay, Barbara Armstrong

Vols 21-30 (2004-2014)

The Winter/Spring 2012 issue of the Alaska Justice Forum features articles on self-protective behaviors that people engage in to feel safe in their homes, key indicators affecting domestic violence and sexual assault in Alaska, results of an Alaska Judicial Council study of offender recidivism in Alaska, and predicting recidism among Alaska youth offenders.

Online Casinos Forced To Fold: Examining The Effects Of In Re Baum, 386 B.R. 649 (Bankr. N.D. Ohio 2008), Justin A. Volker

Southern Illinois University Law Journal

Passage of the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) drastically changed the landscape of the online gaming industry.  Although the law was aimed at stopping online gambling altogether, it did not actually make such activities illegal.  Rather, the legislation targeted the enforcement of gambling debts accrued online in a roundabout attempt to influence policy.  In Re Baum was the first court case to apply the new gaming statute, ruling that such gambling debts were not enforceable.  Although the court applied the law correctly to the given facts, this Note focuses on how the statute itself should be amended …

When The State Demands Disclosure, Rebecca Aviel

Cardozo Law Review

The obligation to provide certain types of information to government authorities - reporting child abuse, say, or insurance fraud - is proliferating. Are these laws enforceable against lawyers who obtain the sought-after information in the course of representing a client? This Article sets out to answer exactly that question. It begins by explaining why it is wrong to approach the question by balancing the policies that underlie attorney-client confidentiality against those underlying reporting statutes. Such an approach fails to grasp the essential nature of the question, which is one of legislative power and legislative intent. This Article is the first …

Parental Accountability For Children In Florida Examining The Oxymoron Of Parental Liability, Marco Specoli

HIM 1990-2015

This thesis examines the concept of parental liability and the effect it has in deterring juvenile delinquency, with an emphasis on Florida Law. It will also consider the concept's ability to properly compensate victims of juvenile offenses. The thesis focuses on the circumstances in which a parent or guardian may be liable for the actions of a child and how liability insurance law plays a key role in compensating innocent victims. It discusses Florida's public policy of seeking justice by holding parents responsible and the problems that it faces by doing so. The thesis further examines what issues arise when …

Criminal Law, Franklin J. Hogue, Laura D. Hogue

Mercer Law Review

We have culled through the most important criminal cases of this reporting period' and selected those that resulted in changes to criminal case law that will likely have an effect upon the way prosecutors and defense attorneys approach criminal cases in Georgia.

Maritime Stability Operations Game '11, Wargaming Department, Doug Ducharme, Hank Brightman

Game Reports

During the period of 6-8 December 2011, the United States Naval War College (NWC) in Newport, Rhode Island hosted the Maritime Stability Operations Game (MSTOG). The MSTOG was developed and executed at the request of the game sponsor, the Navy Irregular Warfare Program Office (NIWO).

The purpose of the MSTOG was to explore how to conduct maritime stability operations (MSTO) in order to prevent and respond to instability, thus building upon previous NIWO-sponsored efforts, such as the Irregular Challenges 2010 Game. Based on NIWO’s areas of interest and informed by this literature review, the MSTOG was structured to explore the …

Local Television Coverage Of A Mall Shooting: Separating Facts From Fiction In Breaking News, Jeremy Harris Lipschultz, Michael L. Hilt

Communication Faculty Publications

Local TV news emphasizes the earliest stage of crimes because ‘‘breaking news’’ is fresh, dramatic and visual. A qualitative analysis was conducted using a comprehensive set of recordings of the first three-and-a-half hours of local television news coverage in Omaha, Nebraska. This study identified a series of ongoing issues that have important implications for newsroom decision-makers. Local television news used charged and dramatic language, such as that shooting victims were ‘‘fighting for their lives.’’ Reporters and news managers find themselves in the middle of a struggle between two options: remaining a distant and objective observer of events, or connecting with …

December 2011 News Releases, University Of Montana--Missoula. Office Of University Relations

University of Montana News Releases, 1928, 1956-present

No abstract provided.

The Slippery Shelf: Ceding The Public Trust To Administrative Ambivalence In Offshore Development, Rachel Ganong

William & Mary Environmental Law and Policy Review

No abstract provided.

The Utilization And Effectiveness Of The Hesi E(Square) Exit Exam As A Graduation Requirement Toward Increasing Nclex-Rnrtm Pass Rates In Baccalaureate Nursing Programs, Debra Henline Sullivan

UNLV Theses, Dissertations, Professional Papers, and Capstones

Due to a desire to better prepare BSN students for the Nurse Council Licensure Examination for Registered Nurses (NCLEX-RN^® ) and to increase first-time pass rates, nursing programs across the US are using predictive testing to implement policies that require students to pass a standardized exit exam to graduate (National League for Nursing, 2010). Evolve Learning Systems owned by Elsevier, Inc. offers such an exit exam named the HESI E ² , which recommends a benchmark score to predict success on the NCLEX-RN^® . To offset an expected decrease in NCLEX-RN^® pass rates due to recent changes …

Retrospective Investigation Of Course Content Evaluation By Students: A Survey Of Domestic Violence Education And Experience Among Current Unlv-Sdm Dental Students, Rhonda J. Everett

UNLV Theses, Dissertations, Professional Papers, and Capstones

The overall purpose of this research project is to survey experience and education of current dental students regarding domestic violence. Domestic violence has been recognized as one of our nation's most serious public health issues. Domestic violence can result in physical injury, psychological trauma, and sometimes death. Dentists can act as one of the first lines of intervention in recognizing common dental and facial trauma which may be associated with domestic violence victims including: broken teeth, facial bruising, and jaw fractures.

Current data suggest that education about domestic violence can help the dental professional in overcoming some of the barriers …

Tennessee Forestry Commission Annual Report 2011, Tennessee. Department Of Agriculture.

Forestry Commission Annual Report

No abstract provided.

2010-2011 Annual Report Of The Tennessee Emergency Communications Board, Tennessee. Department Of Commerce And Insurance.

Emergency Communications Board Annual Report

No abstract provided.

Legitimate Exercises Of The Police Power Or Compensable Takings: Courts May Recognize Private Property Rights, Terence J. Centner

Journal of Food Law & Policy

Under their police power, governments regulate nuisances and take actions in emergency situations. For protecting humans, animals, and plants from diseases and other pests (jointly referred to as diseases), governments order inoculations, quarantine items and people, and seize and destroy property.' With respect to plants and animals, the United States Secretary of Agriculture is authorized to prohibit the importation and movement of items than may be infested. The Secretary also has the authority to hold, treat, and destroy items to prevent the dissemination of plant and animal pests. State governments take additional actions to prevent the introduction and dissemination of …

Current And Emerging Issues In The New Urban Agriculture: A Case Study, Kathryn A. Peters

Journal of Food Law & Policy

Urban agriculture takes many forms, including individual gardens on privately owned land, neighborhood gardens, community gardens, and gardens located on church and school grounds, housing developments, and other publicly owned property. The most essential factors for successful urban agriculture efforts include land acquisition, zoning ordinances, access to affordable water, infrastructure, and support services such as education and outreach. Cities across the United States have formed task forces with the mission of making their cities more sustainable or strengthening the local food supply system; urban agriculture is instrumental in both of these missions. Major cities across the United States are recognizing …

Journal Of Food Law & Policy - Fall 2011, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Dividing Stereotyping And Religion: The Legal Implications Of The Ambiguous References To Voodoo In U.S. Court Proceedings., Danielle N. Boaz

The Scholar: St. Mary's Law Review on Race and Social Justice

In human rights law, freedom of religion generally possesses three main components: the right to freedom of thought and conscience, freedom to manifest religion or beliefs, and freedom to profess, disseminate, or share religion or beliefs. The latter two are typically subject to restrictions such as public safety, health, morals, and the rights and freedoms of others. They are also the two most often litigated components. For centuries, colonizers deprived practitioners of their freedom of religion in the Americas – specifically African-based traditions, such as Voodoo. Stereotypes about Voodoo, which stem from early colonizer observance and belief that Haitians were …

Countering Criminalization: Toward A Youth Development Approach To School Searches., Sarah Jane Forman

The Scholar: St. Mary's Law Review on Race and Social Justice

Public schools are supposed to be the foundation for American students’ civic education. Students do not only gain this education through the curriculum but also through extra-curricular political and legal socialization occurring in schools. Large metropolitan school districts face a myriad of serious challenges, including inadequate funding low literacy, high dropout rates, teen pregnancy, and legitimate school safety concerns. Instead of being educated in the manners of civility, students are treated as threats to public safety the minute they walk through the metal detector at the schoolhouse door. Citizen education devolves into ghetto education when schools adopt a prison-like culture. …

Gis Assisted Problem Analysis Of Trail Erosion In Monongahela National Forest, Steven J. Storck

Graduate Theses, Dissertations, and Problem Reports (ETD)

This research investigates the frequency and patterns of trail erosion on purposefully selected natural surface trails in Monongahela National Forest. Trail erosion is considered a non-self-limiting process which degrades trail beds making them unattractive, difficult to travel on, and has the potential to impact local streams with the introduction of silt. Recreation ecology research delineates factors which influence the rate of erosion on a trail into three broad categories: recreational use, environmental conditions, and managerial actions. This study tests the relationship of variables from each of these categories to the local patterns of erosion. Three sampling strategies are used to …

Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said

BYU Law Review

No abstract provided.