Digital Commons Network^™

The Plural Of Anecdote Is Not Data: Teaching Law Students Basic Survey Methodology To Improve Access To Justice In Unemployment Insurance Appeals, Faith Mullen

Scholarly Articles

This project is part of Professor Mullen's larger Bellow Scholars research agenda, which concerns access-to-justice issues at the OAH more generally. This project tried to ascertain whether self-represented parties (both employees3 and employers) in unemployment insurance (UI) appeals perceive a need for more legal assistance. For three weeks in November of 2009, law students from The Catholic University of America administered a survey that asked self-represented parties in UI appeals whether, based on their experiences in the hearing, they perceived a need for more legal assistance and whether there were aspects of the hearings that they found particularly challenging. Initially …

Identifying Values In Land Use Regulation, Adam J. Macleod

Scholarly Articles

The rules governing the lawfulness of land use decisions are a mess. State enabling acts elide distinguishable and plural objectives of the police powers. Courts — especially state courts — generally fail to distinguish between different types of challenges and different types of land use regulatory actions. As a result, courts typically resort to the deferential position that the Supreme Court adopted in Village of Euclid, Ohio v. Ambler Realty Co., even where that standard of review is wholly inappropriate.

Meanwhile, the evidence is mounting that local governments often exercise their land use regulatory authority in arbitrary, irrational, and discriminatory …

Comparatively Speaking: Language Rights In The United States And Canada, Samuel W. Crowe

Canada-United States Law Journal

No abstract provided.

France’S Repatriation Of Roma: Violation Of Fundamental Freedoms, Caitlin T. Gunther

Cornell International Law Journal

No abstract provided.

Burying The Right To Justice In Backyard Battlefields: Militarization In Mexico Conflicts With The American Convention On Human Rights, Clarissa Pintado

American University International Law Review

No abstract provided.

Facilitating Appropriate Whistleblowing: Examining Various Approaches To What Constitutes Fact To Trigger Protection Under Article 33 Of The United Nations Convention Against Corruption, Kristian Soltes

American University International Law Review

No abstract provided.

International Human Rights, Cleveland Iii Ferguson, Elizabeth A. Turchi, Rebecca Farrar, Lawrence G. Albrecht, Christopher P. Denicola, Katarina Durcova, Matthew V. Kerns, Erin Louise Palmer, Sara Ramey

The International Lawyer

No abstract provided.

The Growth Of Social Media Norms And The Governments' Attempts At Regulation, Alexandra Paslawsky

Fordham International Law Journal

No abstract provided.

Brown, Governor Of California Et Al V. Plata Et Al., Mary Rogan

Articles

The case of Brown, Governor of California et at v. Plata et al (hereinafter Plata) is one of the most eye-catching decisions of the Supreme Court of the United States in recent times. The result in itself – the upholding of an order of a Californian District Court to reduce the state’s prison population by up to 46,000 prisoners – would warrant attention. The reasoning of the Court and the differences between the majority and minority are also, however, most significant. The willingness of the Court to uphold the drastic measure of ordering a sizeable reduction in the Californian prison …

Emergency Powers Of The Executive: The President’S Authority When All Hell Breaks Loose, Joshua L. Friedman

Journal of Law and Health

Within the perspective of Hamilton‘s admonition against limiting executive authority, this Article endeavors to generally discuss the historical and recent separation of powers issues arising with an active executive branch. Part II gives a brief overview of executive powers and their limitations: first discussing what actions are strictly executive in character, and then presenting Congress‘ attempts to question the executive‘s emergency powers and addressing the Judicial branch‘s struggle with finding a balance between judicial oversight and political question doctrine. Part III reviews specifically enumerated powers of the executive in emergencies where executive action is justified by the constitution, such as …

Sustaining Privacy And Open Justice In The Transition To Online Court Records: A Multidisciplinary Inquiry, Amanda Conley, Anupam Datta

Maryland Law Review

No abstract provided.

2012 Treasurer's Report, Tennessee. Department Of Treasury

Treasurer's Reports

No abstract provided.

The Wisconsin Public-Sector Labor Dispute Of 2011, Paul M. Secunda

Faculty Publications

The enactment in June 2011 of Wisconsin Act 10, legislation that eliminated most collective bargaining rights for most public employees in Wisconsin, did not necessarily follow from the economic conditions surrounding the global recession. The argument here is that it was a blatant power grab with political, social, and economic implications. Governor Walker’s claim that Act 10’s anti-collective bargaining approach was required to balance Wisconsin’s budget is belied by two unassailable facts. First, there were a number of provisions in the law, including an annual union recertification requirement and an anti-dues checkoff provision, which had absolutely nothing to do with …

The Great Recession And Its Implications For Community Policing, Matthew J. Parlow

Faculty Publications

During the last twenty years, community policing has been the dominant approach to local law enforcement. Community policing is based, in part, on the broken windows theory of public safety. The broken windows theory suggests a link between low-level crime and violent crime — that is, if minor offenses are allowed to pervade a community, they will lead to a proliferation of crime and, ultimately, a community plagued by violent crime. To maintain a perception of community orderliness, many local governments adopted “order maintenance” laws — such as panhandling ordinances and anti-homeless statutes. This emphasis on cracking down on such …

Tennessee Law Enforcement Officers Killed Or Assaulted 2012, Tennessee. Bureau Of Investigation

Law Enforcement Officers Killed-Assaulted

This report is published by the TBI presenting information on reported incidents of assaults or deaths of law enforcement officers in the line of duty that occurred in Tennessee.

Tennessee Agriculture 2012, Tennessee. Department Of Agriculture

Annual Report & Statistical Summary

This annual report and statistical summary highlights the accomplishments done by the Tennessee Department of Agriculture.

Annual Report Fiscal Years 2011 And 2012, Tennessee Commission On Children And Youth

Annual Reports

No abstract provided.

Updates From Inter-Governmental Organizations, Marie Soueid

Human Rights Brief

No abstract provided.

A Rose By Any Other Name: The Chilling Effect Of Ice's Secure Communities Program, Stephanie Kang

UC Law Journal of Race and Economic Justice

The September 11, 2001, terrorist attack on the United States created a national urgency to better police United States borders. However, the attack also led to a backlash against undocumented immigrants by increased Congressional funding to implement immigration enforcement measures. One of the more controversial state and federal collaborative efforts to enforce immigration laws is the Secure Communities program mandating all participating jurisdictions to submit fingerprint biometrics to Immigrations and Customs Enforcement ("ICE") to enable ICE to run the fingerprints through immigration databases and identify deportable immigrants.

The primary goal of the program is to remove the most dangerous criminals …

Annual Report Of The Town Officers Of The Town Of Jefferson, Nh For The Year Ending December 31, 2011., Jefferson Town Representatives

Jefferson, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Customs Law, Aaron Besser, John Boscariol, Cyndee B. Todgham Cherniak, Laura Fraedrich, Melanie Frank, Lawrence M. Friedman, Orisia K. Gammell, Gwendolyn L. Hassan, Greg Kanargelidis, Daniel L. Kiselbach, Christine Martinez, Luis F. Martinez, Perla Martinez, Cortney O'Toole Morgan, Matt Nakachi, Mercedes Ozcan, Julia S. Padierna-Peralta, Damon V. Pike, David Salkeld

The International Lawyer

No abstract provided.

West Virginia And Regional History Collection Newsletter Twenty-Year Index, Volume 1-Volume 20, Spring 1985-Spring 2005, Anna M. Schein

West Virginia & Regional History Center Newsletters

Index of articles and photographs appearing in the WVRHC Newsletter over a 20 year period.

Mods And Rockers, Drunken Debutants, And Sozzled Students: Moral Panic Or The British Silly Season?, Bill Thompson, Cecil Greek

Sociology Faculty and Staff Publications

Over the last decade, moral panic theory has affected a paradigm shift in the social construction of deviance and social problems in the United States, without any real debate about its viability. This article raises key questions about this perspective by offering the first ever critique of the seminal case study of British youth subcultures on which the paradigm is based. It argues that when analyzed in the context of contemporary criticism of vandalism, hooliganism, and delinquency, the Mods and Rockers case study never justified Cohen’s original criteria for a moral panic.

Balancing Business Interests With Consumer Concerns: A Comparative Examination Of U.S. And E.U. Commercial Expression Doctrines , Scott Sivley

Global Business Law Review

Warning: This Note does not deal with a particularly new nor particularly interesting subject. If sellers of goods and information were this forthcoming when making claims about their products, this Note would not be necessary. Unfortunately, there is a colossal tug of war, as illustrated by the Occupy Movement in the fall of 2011 and as campaign financing during the 2012 American election cycle has and will continue showing us, emerging in the domestic and global marketplace over who should ultimately be responsible for protecting consumers from irresponsible or false commercial speech. Should we continue down the road of survival …

The Globalization Of Tax Expenditure Reporting: Transplanting Transparency In India And The Global South, Lisa Philipps

Comparative Research in Law & Political Economy

This paper traces the rise of tax expenditure reporting in countries of the Global South, with a particular focus on India. It investigates why and how policy makers in some low and middle income countries are now moving to adopt a budgeting practice that originated in wealthy Western nations in the 1970s. I discuss the potential advantages of this trend, but also argue that there is a need for its champions to face up to some challenges and potential disadvantages of transplanting this form of fiscal transparency into different national contexts. These include methodological and political challenges that are well …

Hiring Sexters To Teach Children: Creating Predictable And Flexible Standards For Negligent Hiring In Schools, Kelly M. Feeley

New Mexico Law Review

No abstract provided.

Mexico's False Dilemma: Human Rights Or Security , Laura Carlsen

Northwestern Journal of Human Rights

Mexico is currently confronting a human rights crisis. Headlines document the overt violence that has claimed more than 50,000 lives since December 11, 2006 when President Felipe Calderón launched the war on drugs. Yet beneath the bloodshed, the erosion of the rule of law and the systematic violation of human rights in the context of the armed conflict caused by the drug war has created a more profound crisis in Mexican society, one whose causes and effects are not only ill-defined but often purposely obscured.

Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

United States natural gas production is likely to stunt the direction and intensity of renewable energy by up to two decades according to a MIT study. Gas will not provide a “’bridge’ to a low-carbon future if it erodes efforts to prepare a landing at the other end of the bridge.” Unconventional natural gas extraction need not become a “transition” to a new addiction. This article analyzes how cooperative federalism and inclusive decision-making can provide legitimacy and transparency when balancing property rights versus police powers to regulate natural gas production.

Governor Deval Patrick And The Representation Of Massachusetts’ Black Interests, Ravi K. Perry

Trotter Review

This article examines the rhetorical strategies and legislative initiatives of Deval Patrick and his efforts to represent black interests in Massachusetts. Utilizing speech content analysis, census data, interview data, and archives of executive and legislative actions, the article identifies that Massachusetts’ only black governor has been able to advance policies and programs designed to represent black interests. The results indicate that when black interest policy actions are framed utilizing a targeted universalistic rhetorical strategy, Patrick advanced black interests as he detailed how his proposed initiatives benefited all citizens. At the state level, the finding exposes the limits of the deracialization …

Commentary: Creating A Pipeline For A More Inclusive Democracy, Joyce Ferriabough

Trotter Review

After the 2010 elections, the number of women holding elective office in Massachusetts plummeted to 1998 levels, with women comprising only 24 percent of all officeholders and 20 percent of local elected officials.

The figures for women of color who were officeholders were even starker: They held only 2 percent of elected offices, despite people of color comprising more than 20 percent of the state’s population. Women of color who are current officeholders in Massachusetts are typically the “first and only.” In the state senate, there is one woman of color, Sonia Chang-Diaz. She is the first Latina woman to …