Digital Commons Network^™

No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer

Michigan Telecommunications & Technology Law Review

In 2010, New York City Police Commissioner Raymond Kelly announced a new network of video surveillance in the City. The new network would be able to prevent future terrorist attacks by identifying suspicious behavior before catastrophic events could take place. Kelly told reporters, "If we're looking for a person in a red jacket, we can call up all the red jackets filmed in the last 30 days," and "[w]e're beginning to use software that can identify suspicious objects or behaviors." Gothamist later made a witticism of Kelly's statement, remarking, "Note to terrorists: red jackets are not a good look for …

Forfeitures Revisited: Bringing Principle To Practice In Federal Court, David Pimentel

Articles

No abstract provided.

Arbitrary Disproportionality: A New Charter Standard For Measuring The Constitutionality Of Mandatory Minimum Sentences, Allan Manson

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

The development of section 12 jurisprudence began in 1987 with R. v. Smith. Since that time, any potential refinement of the “cruel and unusual” standard has been distracted by two methodological debates: The scope of “reasonable hypotheticals” and the role of constitutional exemptions. As a result, the jurisprudence has not moved beyond “gross disproportionality” and “outraging standards of decency”. In the process, any room for arbitrariness as a factor has evaporated. A few recent mandatory minimum sentence decisions have breathed some life into section 12 for sentencing purposes. Perhaps more importantly, the concept of arbitrariness has been embedded in section …

Metaphor And Stories In Discourse About Personal And Social Change, L. David Ritchie

Communication Faculty Publications and Presentations

Barack Obama campaigned on the theme of ‘change,’ and as the first African-American to win the U. S. Presidency, he embodies changes of historical and cultural importance. Central among the changes Obama advocates is his attempt, throughout his campaign, to depart from the ‘old politics’ and keep racial issues in the background. However, at a crucial point in the campaign he was forced to confront these issues when a potentially damaging controversy erupted over a series of comments, widely regarded as unpatriotic, made by his personal friend and spiritual adviser, the Reverend Jeremiah Wright. How Obama dealt with this crisis …

The Missed Opportunity Of United States V. Jones: Commercial Erosion Of Fourth Amendment Protection In A Post Google Earth World, Mary Graw Leary

Scholarly Articles

The Fourth Amendment protects people from unreasonable searches and seizures by the government. These protections, therefore, are only triggered when the government engages is a “search” or “seizure.” For decades, the Court defined “search” as a government examination of an area where one has a “reasonable expectation of privacy.” Such an expectation requires both that the individual demonstrate a subjective expectation of privacy and that the expectation is one society finds reasonable. In 1974, Anthony Amsterdam prophesized the unworkability of this test, warning of a day that the government would circumvent it my merely announcing 24 hour surveillance. Similarly, the …

Life After Act 10?: Is There A Future For Collective Representation Of Wisconsin Public Employees?, Martin H. Malin

Marquette Law Review

In 2011, Wisconsin largely gutted the collective bargaining rights of most public employees in the state. Wisconsin Act 10 largely replaced collective employee voice with unilateral employer control over employees’ wages, hours, and terms and conditions of employment. This article addresses the future of collective employee representation in Wisconsin in the wake of Act 10. It urges employers to continue to engage with their employees through the employees’ unions, demonstrating why such an approach better provides for the public interest than unilateral employer control. It looks to examples from other jurisdictions and presents a range of alternatives for Wisconsin public …

Bringing Balance To Mid-North America: Restructuring The Sovereign Relationships Between Tribal Nations And The United States, Angelique Townsend Eaglewoman (Wambdi A. Wastewin)

University of Baltimore Law Review

No abstract provided.

Superintendent's Perceptions Of Adequacy In Illinois School Finance, Mark Alan Cohen

Dissertations

This qualitative research study investigated superintendents' perceptions of school finance in the State of Illinois. An online survey instrument, distributed via email, was used to collect the results. Superintendents that chose to participate answered questions about themselves as well as the demographic variables of the district they represent. The participants then went on to answer the finance survey questions. Responses to the finance survey were triangulated with the particular demographic information, much of which was separated into quartiles. The study sought to determine the answers to the following questions: (1) Do public school K-12 superintendents believe that they have sufficient …

Serving Through Adversity: Community-Based Nonprofits Negotiating Race, Place, And A State Budget Crisis, 2007-2011, Eilleen Rollerson

Dissertations

This qualitative study examines the ways in which the leadership and staff of four community-based organizations in a high-poverty African American community in Chicago perceived and were impacted by economic, political, and social changes in their community from 2007 to 2011. During a time of economic hardship caused in part by the state's budget crisis that threatened their very survival, these nonprofits connected residents with community institutions, government, and church in response to their needs.

Processes of acquiring resources and capital, prioritizing the needs, shifting programs and people for maximum benefit, and finally shedding expendable programs and people for the …

Eastern Ichigan University Graduate Catalog, 2012-2013, Office Of The Registrar

Graduate Catalogs

No abstract provided.

Judges And Wrongful Convictions

Court Review: Journal of the American Judges Association

132 Judges and Wrongful Convictions.

Increasing Court-Appearance Rates And Other Benefits Of Live-Caller Telephone Court-Date Reminders: The Jefferson County, Colorado, Fta Pilot Project And Resulting Court Date Notification Program, Timothy R. Schnacke, Michael R. Jones, Dorian M. Wilderman

Court Review: Journal of the American Judges Association

It is likely during our first jobs in the justice system when we realize the adjective “important” is a somewhat relative term as it relates to the issues that we face. Far from what we learned in college or law school—and further still from the topics typically reported in the media—often the most important issues we face will be found in the most common of cases. There is a saying in city government that the public’s idea of how well you are doing your job is only as good as how well you administer the water bills. That is because …

An Experiment In The Law: Studying A Technique To Reduce Failure To Appear In Court, Alan Tomkins, Brian H. Bornstein, Mitchel Norman Herian, David I. Rosenbaum, Elizabeth Neeley

Court Review: Journal of the American Judges Association

It would be ideal if we knew the best ways to structure the judicial system, the best processes to use to ensure fairness for litigants, and the best incentives to ensure compliance with the law. Unfortunately, as all of us who work in or with the system and those of us who study such issues well know, we do not. So what should we do?

As social scientists trained to examine the judiciary and judicial processes from the perspectives of economics, law, political science, psychology, and sociology, we suggest that systematic experimentation should be used whenever feasible and warranted to …

To License Or Not To License Updated: An Examination Of State Statutes Regarding Private Investigators And Digital Examiners, Thomas Lonardo, Doug White, Alan Rea

Journal of Digital Forensics, Security and Law

In this update to the 2009 year's study, the authors examine statutes that regulate, license, and enforce investigative functions in each US state. After identification and review of Private Investigator licensing requirements, the authors find that very few state statutes explicitly differentiate between Private Investigators and Digital Examiners, but do see a trend of more states making some distinction. The authors contacted all state regulatory agencies where statutory language was not explicit, and as a result, set forth the various state approaches to professional Digital Examiner licensing. As was the case in the previous two iterations of this research, the …

Navigating The Second Amendment Crossfire: The Third Circuit Triggers Working Methodology In United States V. Marzzarella And United States V. Barton, Katherine L. Judkins

Villanova Law Review (1956 - )

No abstract provided.

Journal Of The Senate State Of Colorado: Sixty-Eighth General Assembly First Extraordinary Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Journal Of The Senate State Of Colorado: Sixty-Eighth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Journal Of The House Of Representatives State Of Colorado: Sixty-Eighth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Tiered Networks: Modeling, Resource And Interference Management, Mustafa Cenk Erturk

USF Tampa Graduate Theses and Dissertations

The wireless networks of the future are likely to be tiered, i.e., a heterogeneous mixture of overlaid networks that have different power, spectrum, hardware, coverage, mobility, complexity, and technology requirements. The focus of this dissertation is to improve the performance and increase the throughput of tiered networks with resource/interference management methods, node densification schemes, and transceiver designs; with their applications to advanced tiered network structures such as heterogeneous networks (i.e., picocells, femtocells, relay nodes, and distributed antenna systems), device-to-device (D2D) networks, and aeronautical communication networks (ACN).

Over the last few decades, there has been an incredible increase in the demand …

Crawford V. Washington: What Would Justice Thomas Do?, Brad Clary

Articles

No abstract provided.

The Community Prosecutor: Questions Of Professional Discretion, Bruce A. Green, Alafair S. Burke

Faculty Scholarship

No abstract provided.

Graduate Bulletin 2012-2013, Cuny John Jay College

College Bulletins

Covers academic year 2012-2013

The Charter Versus The Government’S Crime Agenda, Kent Roach

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

The Safe Streets and Communities Act, like many other parts of the government’s crime agenda, relies on both prosecutorial discretion and a general judicial reluctance to strike down mandatory sentences. Successful Charter challenges to mandatory sentences are not impossible, as seen by Molloy J.’s recent decision in Smickle, but they will be difficult. In particular, the use of reasonable hypotheticals in section 12 analysis may be precluded by reliance on the assumption that longer mandatory sentences will not be applied when the Crown has the power to avoid such sentences by electing to prosecute the relevant crime by way of …

Closet Crusaders : The Johns Committee And Homophobia, 1956-1965, James Anthony Schnur

USF St. Petersburg Campus Faculty Publications

John Howard's anthology, published by New York University Press in 1997, offered one of the first substantial monographs that examined the history of gays and lesbians in the American South. Chapters examined various time periods and geographical regions. Schnur's chapter focused on the Florida Legislative Investigation Committee, also known as the Johns Committee. This interim committee of the state legislature conducted a number of witch hunts that targeted perceived communists, socialists, advocates of integration, and homosexuals. This chapter was edited and revised from Schnur's 1995 M.A. thesis in history at the University of South Florida.

Concerning The Ability Of A Local Government To Permit, In Its Discretion, The Collection Of Charitable Solicitations From Motorists On A Certain Number Of Days Per Calendar Year., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Creation Of A Consolidated Communications System Authority., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Transfer Of Functions Pertaining To Health Facility Compliance With Certain Building Safety Standards From The Department Of Public Health And Environment To The Division Of Fire Safety In The Office Of Preparedness, Security, And Fire Safety Within The Department Of Public Safety, And, In Connection Therewith, Creating The Health Facility Construction And Inspection Section In The Division Of Fire Safety., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Provision For Payment Of The Expenses Of The Executive, Legislative, And Judicial Departments Of The State Of Colorado, And Of Its Agencies And Institutions, For And During The Fiscal Year Beginning July 1, 2012, Except As Otherwise Noted., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Authority Of The Department Of Public Safety To Use Grants And Donations For The Purpose Of Funding The Activities Of The Colorado Bureau Of Investigation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Welcome And Introduction, Daniel Ujczo, James Blanchard Hon., James S. Peterson Hon., Christopher Sands

Canada-United States Law Journal

No abstract provided.