Digital Commons Network^™

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 …

Rethinking The New Public Health, Lindsay Wiley

Scholarly Articles in Law Reviews & Journals

This Article contributes to an emerging theoretical debate over the legitimate scope of public health law by linking it to a particular doctrinal debate in public nuisance law. State and local governments have been largely stymied in their efforts to use public nuisance litigation against harmful industries to vindicate collectively-held, common law rights to non-interference with public health and safety. The ways in which this litigation has failed are instructive for a broader movement in public health that is only just beginning to take shape. In response to evolving scientific understanding about the determinants of health, public health advocates are …

Film Review: Mississippi Innocence And The Prosecutor’S Guilt, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

Film review of Mississippi Innocence. A documentary film by Joe York. Media and Documentary Projects at the University of Mississippi (2011)

The Role Of Local Food In Increasing Access To Healthy Food In Indianapolis, Indiana, Anna Hostetter

Capstone Collection

In the United States today, incidents of obesity are on the rise, currently more than one-third, or 35.7% of U.S. adults are considered obese, up from 30.5% in 2000. These startling numbers are causing news institutions and politicians to refer to it as the “obesity epidemic”.

Obesity is linked to multiple health problems including Type 2 diabetes, coronary heart disease, hypertension, and breast cancer (Aronne, L.J., 2002). There are numerous causes of obesity, including genetics, yet high rates of obesity have also been positively linked with a diet high in processed foods and low in fruits and vegetables (Drewnowski, A. …

Find The Cost Of Freedom: The State Of Wrongful Conviction Compensation Statutes Across The Country And The Strange Legal Odyssey Of Timothy Atkins, Justin Brooks, Alexander Simpson

Faculty Scholarship

Tim Atkins was wrongfully convicted of a crime he did not commit and spent 23 years in prison. Although compensation statutes like California's have admirable goals, Tim Atkins's case fell through some substantial cracks that prompted the Authors to write this Article. As two of the many lawyers who have worked on Tim's case over the years, it has been an incredibly frustrating journey to see him denied compensation after all that has been done to prove his innocence. California's statute is flawed and is being misinterpreted, just as other compensation statutes are flawed and misinterpreted around the country. This …

"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Prosecutors sometimes use what are known as "bad juror" lists to exclude particular citizens from jury service. Not only does this practice interfere with an open and fair jury-selection process, thus implicating a defendant's right to be tried by a jury of his or her peers, but it also violates potential jurors' rights to serve in this important capacity. But who is on these lists? And is a prosecutor required to disclose the lists to defense counsel? These questions have largely gone unnoticed by legal analysts. This Article addresses the prosecutor's duty to disclose bad-juror lists. It reviews the federal …

Combating Inaccuracies In Criminal Background Checks By Giving Meaning To The Fair Credit Reporting Act, Noam Weiss

Brooklyn Law Review

No abstract provided.

Protecting The Border, One Passenger Interrogation At A Time, Dina Kleyman

Brooklyn Law Review

No abstract provided.

Freedom To Fail: The Keystone Of American Federalism, Paul E. Peterson, Daniel Nadler

University of Chicago Law Review

No abstract provided.

Alpha Phi Omega Section 50 Conference, Katherine Klindworth

A with Honors Projects

The following is an assessment of my work as Conference Chair of the Alpha Phi Omega Section 50 Fall conference hosted by the Alpha Zeta Omega chapter right here at Parkland College. In addition to a reflection on the conference I have included photos from the event and the handout provided to conference attendees.

Requiring The State To Justify Supermax Confinement For Mentally Ill Prisoners: A Disability Discrimination Approach, Brittany Glidden, Laura Rovner

Denver Law Review

No abstract provided.

Annual Report Of The Town Officers Of Stark, New Hampshire For The Year Ending December 31, 2011., Stark Town Representatives

Stark, NH Annual Reports

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

Drinking And Driving School Buses: Zero Alcohol Tolerance For Public School Bus Drivers, Nancy Vinsel

The Journal of Law and Education

No abstract provided.

Examining Cross-Cultural Counseling Competencies Of Substance Abuse Counselors In The Commonwealth Of Pennsylvania, Abdelhadi Elamin

Electronic Theses and Dissertations

With minority Americans expected to comprise more than 40% of the U.S population by 2035 and 47% by 2050 and substance abuse epidemic with 23.5 million nationwide in need for treatment, there is a growing need for cross-cultural counseling competence among substance abuse counselors. This study examined substance abuse counselors' level of cross-cultural counseling competence in the Commonwealth of Pennsylvania. The research method used was quantitative in nature. Substance abuse counselors were asked to self-assess their level of competence by completing a questionnaire and modified Cross-Cultural Counseling Inventory Revised (CCCI-R) subscales to determine whether counselor's gender, level of education, field …

The Charter Balance Against Unscrupulous Law And Order Politics, Don Stuart

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Part I of this paper documents the unscrupulous politics of the majority Harper Government in enacting Bill C-10, the Safe Streets and Communities Act, in the name of victims’ rights. The Government ignored the legion of advice from opposition members and from lawyers, correctional officials, criminologists and judges within and outside Canada that resort to greater use of imprisonment, and minimum penalties in particular, will be costly and will not make Canadians safer. Opponents also predicted that there would be a disproportionate impact on vulnerable communities. In Part II it is argued that entrenched Charter standards as asserted by our …

The Brilliant Career Of Section 7 Of The Charter, Peter W. Hogg

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Section 7 of the Charter of Rights was not intended by the framers to be a provision that authorized extensive judicial review of legislation. The protection of property was deliberately not included in its text in order to reduce its scope — and the potential for judicial review. and the phrase “the principles of fundamental justice” was intended to cover only procedural due process. Contrary to expectations in 1982, over the succeeding 30 years the Supreme Court of Canada has given an expansive interpretation to section 7 and used it to strike down a variety of laws, including the criminalization …

The Family, Welfare And Homelessness, Peter H. Rossi

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Business As Usual: Juvenile Justice During The 1980s, Ira M. Schwartz, Martha Wade Steketee, Jeffrey A. Butts

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Marijuana As A Holy Sacrament: Is The Use Of Peyote Constitutionally Distinguishable From That Of Marijuana In Bona Fide Religious Ceremonies, Cynthia S. Mazur

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Competing Paradigms Of Constitutional Power In The War On Terrorism, John S. Baker Jr., Jonathan C. Fritts

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Indefinite Civil Commitment Of Dangerous Sex Offenders Is An Appropriate Legal Compromise Between Mad And Bad - A Study Of Minnesota's Sexual Psychopathic Personality Statute, Katherine P. Blakey

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

La Historia De Nuestras Vidas: A Cultural Awareness Lesson Through Immigration Stories, Dawn Shattuck

Open Educational Resources

Students will be able to identify cultural and/or economic conditions that influence one’s desire to migrate to or from a country. Students will become aware of cultural differences and will develop a non-judgmental attitude of acceptance, understanding that there is more than one way to behave or more than one way to organize society. Students will be able to empathize with one from another culture. Students will be able to respect the strengths and weaknesses of cultures.

Subsidizing Hate: A Proposal To Reform The Internal Revenue Service's Methodology Test, Alex Reed

Fordham Journal of Corporate & Financial Law

Although a wide variety of organizations may qualify as tax-exempt public charities, reform is needed to ensure that hate groups masquerading as educational organizations do not receive preferential tax treatment. Since 1986, the Internal Revenue Service has utilized a methodology test to determine when advocacy of a particular viewpoint may be deemed educational so as to qualify the underlying organization as a public charity. Because Service has been reluctant to apply the test rigorously, however, a number of hate groups have been able to obtain charitable status under the guise of operating as legitimate educational organizations. This Article argues that …

The United States Drug Enforcement Administration: Pertaining To Public Safety And Homeland Security, Benjamin Martin Ogden

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

Despite the efforts of the United States Drug Enforcement Administration, United States Government, Armed Forces, and other law enforcement agencies, illegal drug uses continues to be a major issue. The direct connection between illicit drugs and terrorism, specifically in Afghanistan, poses a major threat to America along with the effects these drugs have on public health. In order to continue to successfully counter illegal drug trafficking and abuse in the United States it is essential to bolster numerous aspects of the Drug Enforcement Administration its efforts. This includes management, public-private partnerships, and critical infrastructure protection. It is also necessary for …

A Local Approach: Homeland Security Officers, Erik Grutzner

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

It has become apparent that true preparedness for a catastrophic event requires a strong local component. However, the patchwork of full and part time operators in a range of disciplines preparing for a variety of responsibilities creates the risk of an inexact or inefficient response. As a result, this document will support the idea that in order to improve the level of preparedness of municipalities, one full time police officer should be assigned to the newly created position of Homeland Security Officer (HSO), and be tasked with all manner of responsibilities for the most effective example of homeland security.

This …

Mamaroneck Ems And The Continuity Of Operations: Homeland Security On A Local Level, Samantha M. Gagliardi

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

The definition of homeland security and all that it encompasses has been an ongoing discussion since the events of 9/11. As a homeland security professional it has become clear to me that homeland security is not only a federal obligation, but a local priority as well. All events are local and the government cannot be solely responsible for the preparation, response, and resilience of each individual community. The Village of Mamaroneck is a small jurisdiction approximately 30 miles from New York City. The prime threat this Village has faced is inclement weather and severe flooding due to the multiple floodplains …

Fighting Narcoterrorism: A Counter Narcotic Approach To Homeland Security, Nicholas Levesque

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

The use of illicit drugs in the United States can be looked at as a homeland security concern for many reasons. The illicit drug trade challenges the security of our borders, fuels crime in many of our communities and when illicit drugs are abused by individuals, they can become unproductive members of society. This loss of productivity can be attributed to healthcare concerns, incarceration and the burden placed on the rest of society to make up for the loss. Terrorist organizations like Al-Qaeda have shown involvement in the illicit drug trade and use it as a means of funding their …

New York/New Jersey High Intensity Drug Trafficking Area Terrorist Financing & Drug Trafficking Strategy, Danielle Morita O'Mara

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

My Masters Project focuses around the New York/New Jersey High Intensity Drug Trafficking Area (NY/NJ HIDTA). Narco-terrorism has become a significant issue for the safety and security of the United States. Terrorist financing also plays a significant role in the war on terror. I chose to create a three part strategy for the NY/NJ HIDTA that will combat both narco-terrorism and terrorist financing. Each chapter describes another detailed plan of how the NY/NJ HIDTA, as well as particular agencies within, combat these issues in attempt to keep our nation secure. My Masters Project was carefully constructed with a strong focus …

Continuity Of Operations: A Strategy To Secure The Nation, Matthew J. Cassidy

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

The sharing of power and responsibilities between the individual states and the federal government is detailed in the US Constitution and is called federalism. Research has indicated that the shift of power between the states and federal government has waxed and waned over the last 236 years. This qualitative study is based upon literature review of the relationships of local, state, and federal governments in responding to catastrophes. Each level of government brings unique capabilities to the response to catastrophic events. There is no need to usurp federalism in order to survive the next catastrophe; it is going to take …

A Multifaceted Approach To Management And Homeland Security For The 21st Century, Vincent Antonecchia

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

This master’s thesis is a compilation of "short stories" which share one common theme, the immediate and long-term protection, preservation and prosperity of my country, the United States of America. I embarked on this journey to obtain a Master of Arts in Management and Homeland Security because I am truly concerned about my children’s future, the future of the United States of America, and the future of the world as a whole. On September 11, 2001, the world caught a glimpse of true evil and witnessed death and destruction as it was carried out by focused and motivated enemies.

I …