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2012

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Predictors Of Drug Court Client Graduation, Marie E. Gill Dec 2012

Predictors Of Drug Court Client Graduation, Marie E. Gill

Theses and Dissertations (ETD)

Background: Substance use disorder in the United States adversely effects society by burdening the justice system with offender incarceration for drug-related crimes, it also strains in the healthcare system with costs in excess of $216 billion dollars for treatment of drug-related mental and physical illnesses. Many offenders of nonviolent crimes with substance use disorder have been diverted to Drug Court (DC) for year-long supervised community-based drug addiction treatment as an alternative to incarceration for non-violent drug-related crimes. Drug Court program outcomes, however, have been studied as a criminal justice intervention, rather than a primary care mental health intervention. The majority …


Deporting The Pardoned, Jason A. Cade Dec 2012

Deporting The Pardoned, Jason A. Cade

Scholarly Works

Federal immigration laws make noncitizens deportable on the basis of state criminal convictions. Historically, Congress implemented this scheme in ways that respected the states’ sovereignty over their criminal laws. As more recent federal laws have been interpreted, however, a state’s decision to pardon, expunge, or otherwise set-aside a conviction under state law will often have no effect on the federal government’s determination to use that conviction as a basis for deportation. While scholars have shown significant interest in state and local laws regulating immigrants, few have considered the federalism implications of federal rules that ignore a state’s authority to determine …


Functionalism’S Military Necessity Problem: Extraterritorial Habeas Corpus, Justice Kennedy, Boumediene V. Bush, And Al Maqaleh V. Gates, Richard Nicholson Dec 2012

Functionalism’S Military Necessity Problem: Extraterritorial Habeas Corpus, Justice Kennedy, Boumediene V. Bush, And Al Maqaleh V. Gates, Richard Nicholson

Fordham Law Review

   The U.S. Supreme Court has struggled over the last 150 years to definitively answer the question of whether the U.S. Constitution applies beyond the borders of the territorial United States. Because the Constitution is silent on the issue, the burden has fallen on the judiciary to establish the contours of the doctrine. At times, the Court has espoused formulistic theories limiting constitutional application to territorial sovereignty, while at others it has looked to more objective, practical solutions that reach beyond the borders.

   In 2008, the Supreme Court held in Boumediene v. Bush that the application of the Suspension Clause of …


Unearthing The Public Interest: Recognizing Intrastate Economic Protectionism As A Legitimate State Interest, Katharine M. Rudish Dec 2012

Unearthing The Public Interest: Recognizing Intrastate Economic Protectionism As A Legitimate State Interest, Katharine M. Rudish

Fordham Law Review

   In Oklahoma, a person must complete sixty-credit hours of undergraduate training and embalm twenty-five bodies before being legally licensed to sell caskets in the state. In Louisiana, in order to sell caskets, one must operate a fully licensed funeral establishment, defined as a place dedicated to preparing bodies for burial. In recent years, these states and others have faced legal challenges to casket sale restrictions by individuals who wish to sell caskets directly to the public, yet who are unable to do so as they are not licensed funeral directors. Courts have grappled with whether these state regulations, which in …


Leadership Development Training: Its Impact On Middle Managers In Law Enforcement, David P. Wedlick Dec 2012

Leadership Development Training: Its Impact On Middle Managers In Law Enforcement, David P. Wedlick

Education Doctoral

The purpose of this study was to explore leadership development training as it relates to the attributes and skills of middle managers in law enforcement agencies. The Skills Approach theory will be discussed relating to how middle managers in a county in New York State, with no middle management leadership development training, assume their positions. A qualitative method was used to capture data about the need for leadership development training versus the attributes and skills law enforcement middle managers already possess. The result of this study revealed that leadership development for this county is cultivated, not through formal training, but …


Southern Illinois Gis Mapping For Next Generation 9-1-1, William Lee Barrett Dec 2012

Southern Illinois Gis Mapping For Next Generation 9-1-1, William Lee Barrett

Theses

Next Generation 9-1-1 (NG 9-1-1) will revolutionize how the public accesses emergency services and will alter the technological landscape within which existing public safety agencies operate. A lack of systematic methodologies exists for quality control of the required geospatial data layers for NG 9-1-1 systems. The primary objective of this study was to develop and systematize a highly accurate NG 9-1-1 GIS database for Counties of Southern Illinois (CSI). The project goals included mapping relevant geospatial data layers required by and based on NENA standard data formats; conducting data quality control and standardization; and providing standardized spatial datasets for NG …


The Capacity Of A Southern University To Promote And Support Health Literacy Among College Students: A Case Study Approach, Alison Burton Epperson Dec 2012

The Capacity Of A Southern University To Promote And Support Health Literacy Among College Students: A Case Study Approach, Alison Burton Epperson

Dissertations

The primary purpose of this case study was to determine if the university under study had adequate health-related programs, services, and supports in place to develop health-literate young adults. A secondary purpose was to identify strengths and gaps in these university health-related programs, services, and supports, which, if addressed, could increase the likelihood that college graduates would be health-literate. This research study served to answer three broad research questions: 1) What are the health-related needs and concerns among selected university undergraduates? 2) What is the level of awareness and utilization of health-related programs, services, and supports by university undergraduate students? …


Can The States Keep Secrets From The Federal Government?, Robert A. Mikos Dec 2012

Can The States Keep Secrets From The Federal Government?, Robert A. Mikos

Vanderbilt Law School Faculty Publications

States amass troves of information detailing the regulated activities of their citizens, including activities that violate federal law. Not surprisingly, the federal government is keenly interested in this information. It has ordered reluctant state officials to turn over their confidential files concerning medical marijuana, juvenile criminal history, immigration status, tax payments, and employment discrimination, among many other matters, to help enforce federal laws against private citizens. Many states have objected to these demands, citing opposition to federal policies and concerns about the costs of breaching confidences, but the lower courts have uniformly upheld the federal government’s power to commandeer information …


Taxing And Tuition: A Legislative Solution To Growing Endowments And The Rising Costs Of A College Degree, Matt Willie Dec 2012

Taxing And Tuition: A Legislative Solution To Growing Endowments And The Rising Costs Of A College Degree, Matt Willie

BYU Law Review

No abstract provided.


December 2012 Commencement Program, Bowling Green State University Dec 2012

December 2012 Commencement Program, Bowling Green State University

Commencement Programs

No abstract provided.


Laboratory Modeling Of Critical Hydraulic Conditions For The Initiation Of Piping, Mandie Swainston Fleshman Dec 2012

Laboratory Modeling Of Critical Hydraulic Conditions For The Initiation Of Piping, Mandie Swainston Fleshman

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

The objective of this research is to provide fundamental understanding of the piping phenomenon. This will lead to practical solutions to the critical hydraulic conditions for piping that account for soil properties, direction of flow, stress condition and exit face conditions. In current geotechnical engineering practice, these factors are generally not considered. The critical hydraulic gradient is assumed to be only a function of the soil buoyant unit weight. In recent analyses, laboratory experiments, and field observations indicate that piping can be initiated at gradients much lower than the values predicted by the current practice. The current practice may be …


California High Speed Rail - The Broken Tracks Of Communication, Nathalie Nguyen Dec 2012

California High Speed Rail - The Broken Tracks Of Communication, Nathalie Nguyen

Master's Projects and Capstones

Proposition 1A, “Safe, Reliable, High –Speed Passenger Train Bond Act” was passed on November 8, 2008. Fifty-two percent of Californians voted to issue $10 billion in bonds to fund the clean, efficient, and safe high-speed train service, which is known today as the California High Speed Rail system (CHSR). The rail system will provide a mass transit system up and down the state of California if constructed, planned, and funded successfully.

This paper analyzes the City and County of Merced’s approach to planning for this highspeed rail while engaging in public discussion with the California High Speed Rail Authorities (CHSRA) …


An Analysis Of The Legal Obstacles To State Pension Reform, Jeremy Stuart Buck Dec 2012

An Analysis Of The Legal Obstacles To State Pension Reform, Jeremy Stuart Buck

Graduate Theses and Dissertations

Public pension systems are underfunded, straining state budgets. Historically, many states have presumed that they can modify pension benefits only as to newly-hired employees, and that they must leave benefit accruals untouched for current workers. More recently, though, states have begun enacting more fundamental pension reform that modifies future accruals or even reduces cost-of-living allowances for retirees. Nearly all such new reforms have been the subject of one or more lawsuits alleging that the federal and/or state constitution bars the legislature from reducing benefits or accrual patterns. This dissertation examines the legal underpinnings for arguments made against pension reform, and …


A Case Study In Collaborative Efforts At Spartanburg Community College, Frederick Cooper Dec 2012

A Case Study In Collaborative Efforts At Spartanburg Community College, Frederick Cooper

All Dissertations

The General Assembly of South Carolina radically changed the structure of secondary education with the enactment of the Education and Economic Development Act (EEDA) of 2005. A provision in the legislation requires post-secondary institutions to develop articulation agreements with secondary institutions in their service area(s). Traditionally, articulation agreements between secondary and post-secondary institutions have been few and far between. The question then becomes how articulation agreements are developed from the post-secondary perspective. Spartanburg Community College is one of the sixteen technical/community colleges in South Carolina. The development of articulation agreements is examined at Spartanburg Community College using the lens of …


Robust Real-Time Recognition Of Action Sequences Using A Multi-Camera Network, Rahul Ratnakar Kavi Dec 2012

Robust Real-Time Recognition Of Action Sequences Using A Multi-Camera Network, Rahul Ratnakar Kavi

Graduate Theses, Dissertations, and Problem Reports (ETD)

Real-time identification of human activities in urban environments is increasingly becoming important in the context of public safety and national security. Distributed camera networks that provide multiple views of a scene are ideally suited for real-time action recognition. However, deployments of multi-camera based real-time action recognition systems have thus far been inhibited because of several practical issues and restrictive assumptions that are typically made such as the knowledge of a subjects orientation with respect to the cameras, the duration of each action and the conformation of a network deployment during the testing phase to that of a training deployment. In …


Assessing The Impacts Of Surface Water Removal For Use In Natural Gas Extraction On A Watershed Level, Carrie Ann Davis Dec 2012

Assessing The Impacts Of Surface Water Removal For Use In Natural Gas Extraction On A Watershed Level, Carrie Ann Davis

Graduate Theses and Dissertations

In this study, the Soil and Water Assessment Test (SWAT) was used as a tool to predict whether diffuse water removal from the Cadron Creek watershed for use with natural gas development would have an impact on downstream flow within the watershed. Cadron Creek watershed expands across four counties within Arkansas and is located in the Fayetteville Shale Gas region. This region is experiencing significant growth in natural gas development. Successful development of shale gas depends on the identification of what water supplies are available for production without interfering with community and environmental needs. The SWAT model used to evaluate …


Leading Through Crisis: Competencies For Effective Sport Security Professionals, Steven Gerald Miller Dec 2012

Leading Through Crisis: Competencies For Effective Sport Security Professionals, Steven Gerald Miller

Dissertations

Professional sporting events represent an increasingly growing segment of the national economy and, as a pastime, include annual participation from hundreds of millions of spectators. Providing effective safety and security for these events is a daunting task. Many professional sport venues are iconic structures for mass gatherings that represent susceptible targets for crises such as rising episodes of fan violence, natural disasters, and acts of terrorism.

As concerns are ongoing, professional sport organizations need security professionals who not only have the competencies to manage a crisis, but who also lead an organization post-crisis in order to affect organizational learning and …


America Reads-Mississippi Future Teacher Corps: A Study Of Program Completers' Perception Of Factors Influencing The Decision To Become And Remain Classroom Teachers, Deborah Green Moore Dec 2012

America Reads-Mississippi Future Teacher Corps: A Study Of Program Completers' Perception Of Factors Influencing The Decision To Become And Remain Classroom Teachers, Deborah Green Moore

Dissertations

Despite the number of programs in Mississippi that focus on developing and training teachers, the State continues to face a critical teacher shortage. This non-experimental, ex-post facto, quantitative study investigated the America Reads- Mississippi (ARM) Future Teacher Corps (FTC) program, an AmeriCorps program in Mississippi with a mission to improve the reading skills of students, encourage public awareness, support literacy, and help increase the number of certified teachers in Mississippi. FTC, a sub-corps of ARM, was created in 2007 to address teacher shortages through structured community education and teacher-specific training, with the goal of increasing the number of certified teachers …


The Impact Of President Felipe Calderón’S War On Drugs On The Armed Forces: The Prospects For Mexico’S “Militarization” And Bilateral Relations, George W. Grayson Dr. Dec 2012

The Impact Of President Felipe Calderón’S War On Drugs On The Armed Forces: The Prospects For Mexico’S “Militarization” And Bilateral Relations, George W. Grayson Dr.

Books, Monographs & Collaborative Studies

View the Executive Summary

In the absence of honest, professional civilian law-enforcement agencies, President Felipe Calderón assigned the military the lead role in his nation’s version of the “War on Drugs” that he launched in 2006. While the armed forces have spearheaded the capture and/or death of several dozen cartel capos, the conflict has taken its toll on the organizations in terms of deaths, corruption, desertions, and charges by nongovernmental organizations (NGOs) of hundreds of human rights violations. The nation’s Supreme Court has taken the first step in requiring that officers and enlistees accused of crimes against civilians stand trial …


Diversity May Be Justified, Anita Bernstein Dec 2012

Diversity May Be Justified, Anita Bernstein

UC Law Journal

What about diversity as a rationale for affirmative action is compelling enough to justify the hurts it inflicts on individuals? Judges, legislators, public opinion, and implementers of diversity programs in education and the workforce have defended their initiatives either with vague, anodyne, ill-founded paeans or, more often, with silence about what the rationale achieves. They have offered no justification of diversity. From the premise that any state action that generates (or even risks) harm must be supported with reason, this Article undertakes the task of justification. What makes diversity unique among the rationales for affirmative action, this Article argues, is …


Diversity May Be Justified, Anita Bernstein Dec 2012

Diversity May Be Justified, Anita Bernstein

UC Law Journal

What about diversity as a rationale for affirmative action is compelling enough to justify the hurts it inflicts on individuals? Judges, legislators, public opinion, and implementers of diversity programs in education and the workforce have defended their initiatives either with vague, anodyne, ill-founded paeans or, more often, with silence about what the rationale achieves. They have offered no justification of diversity. From the premise that any state action that generates (or even risks) harm must be supported with reason, this Article undertakes the task of justification. What makes diversity unique among the rationales for affirmative action, this Article argues, is …


Assessing Risk Of Violence In Caucasian And African-American Male Forensic Patients, Brandy Lynn Herriott Dec 2012

Assessing Risk Of Violence In Caucasian And African-American Male Forensic Patients, Brandy Lynn Herriott

All-Inclusive List of Electronic Theses and Dissertations

No abstract provided.


Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance Nov 2012

Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance

Pepperdine Law Review

No abstract provided.


Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland Nov 2012

Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland

Pepperdine Law Review

No abstract provided.


Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson Nov 2012

Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson

Pepperdine Law Review

No abstract provided.


The Daily Egyptian, November 30, 2012, Daily Egyptian Staff Nov 2012

The Daily Egyptian, November 30, 2012, Daily Egyptian Staff

November 2012

No abstract provided.


Legislative Developments In The Aviation Sector In 2011, Filip Czernicki Nov 2012

Legislative Developments In The Aviation Sector In 2011, Filip Czernicki

Yearbook of Antitrust and Regulatory Studies

No abstract provided.


The Parthenon, November 30, 2012, Shane Arrington Nov 2012

The Parthenon, November 30, 2012, Shane Arrington

The Parthenon

The Parthenon, Marshall University’s student newspaper, is published by students Monday through Friday during the regular semester and weekly Thursday during the summer. The editorial staff is responsible for the news and the editorial content.


Cable Median Barrier Failure Analysis And Remediation, Cody S.. Stolle Nov 2012

Cable Median Barrier Failure Analysis And Remediation, Cody S.. Stolle

Department of Civil and Environmental Engineering: Dissertations, Theses, and Student Research

On divided roadways, cross-median fatalities are disproportionately overrepresented in fatal and serious injury crashes. Many state DOTs sought to mitigate cross-median crash risk by installing cable median barriers. Despite increased crash rates, studies evaluating crash rates before and after cable median barriers were installed indicated excellent improvement in overall safety.

Although cable median barriers are intended to prevent serious cross-median crashes, cable barriers can also contribute to serious injury and fatality crashes which would not have otherwise occurred, including penetration and rollover crashes. In order to reduce the frequency of undesirable penetration and rollover crashes occurring with cable median barriers …


Transgressing Sexuality: An Interdisciplinary Study Of Economic History, Anthropology, And Queer Theory, Jason Gary Damron Nov 2012

Transgressing Sexuality: An Interdisciplinary Study Of Economic History, Anthropology, And Queer Theory, Jason Gary Damron

Dissertations and Theses

This interdisciplinary thesis examines the concept of sexuality through lenses provided by economic history, anthropology, and queer theory. A close reading reveals historical parallels from the late 1800s between concepts of a desiring, utility-maximizing economic subject on the one hand, and a desiring, carnally decisive sexological subject on the other. Social constructionists have persuasively argued that social and economic elites deploy the discourse of sexuality as a technique of discipline and social control in class- and gender-based struggles. Although prior scholarship discusses how contemporary ideas of sexuality reflect this origin, many anthropologists and queer theorists continue to use "sexuality" uncritically …