Digital Commons Network^™

Criminal Law - Failed The Breathalyzer: Just Contest The Location Of The Stop - Commonwealth V. Virgilio, 947 N.E.2d 1112 (Mass. App. Ct. 2011), Jillise Ketcham

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Criminal Law - New Evidence In Gateway Claim Of Actual Innocence Requires Evidence Not Previously Available At Trail - Kidd V. Norman, 651 F.3d 947 (8th Cir. 2011), David Cashman

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Faces Of The Second Amendment Outside The Home: History Versus Ahistorical Standards Of Review, Patrick J. Charles

Cleveland State Law Review

This article disagrees that the courts need to reinvent or recast the Second Amendment outside the home to reflect its “fundamental” status as recognized in Heller and McDonald. The history of public arms regulation already provides significant guideposts for the courts to adjudicate the right to “keep and bear arms” in public. To accomplish this, it requires placing history in context and not letting mythical interpretations or historical assumptions to permeate.Thus, this article begins by decoding the public carrying of arms as the founding generation would have understood it. It provides substantiating historical evidence that counters the mythical meanings of …

Habeas Corpus, Protection, And Extraterritorial Constitutional Rights, Andrew Kent

Faculty Scholarship

This short essay is an exchange with Professor Steve Vladeck's about my Article entitled: Boumediene, Munaf, and the Supreme Court’s Misreading of the Insular Cases, 97 Iowa Law Review 101 (2011). My Article showed that the Supreme Court’s landmark ruling in Boumediene v. Bush relied on a demonstrably incorrect understanding of key precedents known as the Insular Cases, which arose from actions of the United States military and the new civil governments of the islands acquired by the United States at the turn of the twentieth century — Puerto Rico, the Philippines, Hawaii, and for a time Cuba. This reply …

Cruel And Unusual Punishment: Confining Juveniles With Adults After Graham And Miller, Andrea Wood

Emory Law Journal

Thousands of juveniles are currently confined with adults in detention and correctional facilities throughout the United States. Juveniles confined in adult facilities face grave dangers to their safety and well-being, including significantly higher rates of physical assault, sexual abuse, and suicide than their counterparts in juvenile facilities. These dangers and other conditions of juvenile confinement with adults give rise to concerns of constitutional dimension. In its Eighth Amendment jurisprudence, the United States Supreme Court has created categorical rules prohibiting the imposition of certain punishments on entire categories of offenders as cruel and unusual punishment.

Testing Our Teachers, Andrew Mckinley

Emory Law Journal

In recent years, a number of school districts have begun drug testing their teachers, only to find that the Supreme Court's special needs exception is failing. As it has in other corners of its Fourth Amendment jurisprudence, the Court has erected an exception predicated on a vague "reasonableness" standard, the application of which often varies with the ad hoc interpretations of individual courts.

Making Debt Pay: Examining The Use Of Property Tax Delinquency As A Revenue Source, Michelle Z. Marchiony

Emory Law Journal

In tough economic times, everyone looks for ways to do more with less. Local governments, however, face the challenge of doing more with money they do not have. With the recent shrinking of their budgets, it is critical that governments use their limited funding and opportunities for future funding wisely. One such opportunity for future revenue, the payment of delinquent property tax obligations, is critical to providing basic public services, such as education and emergency services. However, government officials may not be maximizing this resource and there is a risk that governments¿ financial needs are being exploited.

Predictive Policing And Reasonable Suspicion, Andrew Guthrie Ferguson

Emory Law Journal

Very soon we will be moving to a Predictive Policing model where, by studying real time crime patterns, we can anticipate where a crime is likely to occur.

Recidivism Rates Of Youth Discharged From Supervision 2006 - 2009, Becky Noréus, Jillian Foley Mppm

Justice Policy

The Maine Department of Corrections (MDOC) Division of Juvenile Services (DJS) collaborates with the Muskie School of Public Service in a state‐university partnership to analyze juvenile recidivism rates. DJS measures juvenile justice outcomes to guide policy and program development geared toward recidivism reduction. Reduction of youth recidivism in Maine increases public safety.

Recidivism in this report is defined as a re‐adjudication (juvenile system) or conviction (adult system) for a new offense committed by a youth in Maine within three years after release from DJS supervision. This report measures DJS impact on youth who have been released from DJS supervision by …

The Great Recession, The Resulting Budget Shortfalls, The 2010 Elections And The Attack On Public Sector Collective Bargaining In The United States, Kenneth Glenn Dau-Schmidt, Winston Lin

Hofstra Labor & Employment Law Journal

American public sector unions and collective bargaining have been subjected to a vicious attack under the auspices of balancing government budgets, promoting "equity" between private and public employees and limiting the impact of "special interests" on government policy. The American and world financial crisis of 2007 resulted in the Great Recession of 2008 and substantial budget shortfalls for local and national governments world-wide. This financial crisis and the resulting disintegration of aggregate demand and employment are eerily similar to the financial crisis and collapse that led to the Great Depression of the 1930’s. However, unlike the calamity of the 1930’s, …

Partnering For Rural Progress, Tennessee Agriculture 2011, Department Report & Statistical Summary, Tennessee. Department Of Agriculture.

Annual Report

No abstract provided.

Dallas County Conviction Integrity Unit And The Importance Of Getting It Right The First Time, Mike Ware

NYLS Law Review

No abstract provided.

Freeing The Guilty Without Protecting The Innocent: Some Skeptical Observations On Proposed New “Innocence” Procedures, Paul G. Cassell

NYLS Law Review

No abstract provided.

Getting Back To The Fourth Amendment: Warrantless Cell Phone Searches, Mireille Dee

NYLS Law Review

No abstract provided.

Judging Children As Children: Reclaiming New York’S Progressive Tradition, Michael A. Corriero

NYLS Law Review

No abstract provided.

When The Cure Makes You Ill: Seven Core Principles To Change The Course Of Youth Justice, Gabrielle Prisco

NYLS Law Review

No abstract provided.

Reducing Juvenile Detention: Notes From An Experiment On Staten Island, Nancy L. Fishman

NYLS Law Review

No abstract provided.

Green Building Liability: Considering The Applicable Standards Of Care And Strategies For Establishing A Different Level By Agreement, Darren A. Prum

UC Law Business Journal

Many in the construction industry have begun adopting green building practices, leading owners to demand specialists in this area to meet sustainable building goals. In taking on these projects, the parties may overlook the standard of care for disputes concerning green building liability. No case law has definitively resolved the appropriate standard of care for such projects, but through analysis of existing common law and approved strategies for creating contractual relationships, a likely standard for court treatment begins to emerge. The article recommends particular strategies that parties to green building contracts should undertake to avoid future disputes and set an …

On Madison, Muslims, And The New York City Police Department, Eric Lane

Hofstra Law Review

In the years before and after the ratification of the United States Constitution, James Madison offered, unsuccessfully, the view that a formal bill of rights would not safeguard individual liberties in the face of excessive federal power or the failure of the system of checks and balances. An examination of New York City Police Department (“NYPD”) treatment of Muslim-Americans in the years following the September 11, 2001 (“9/11”) attacks reveals the wisdom of Madison’s prediction. Since 9/11, the NYPD has espoused the view that the only way to prevent future terrorist attacks is to closely monitor Muslim communities, in case …

Decarceration Courts: Possibilities And Perils Of A Shifting Criminal Law, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

A widely decried crisis confronts U.S. criminal law. Jails and prisons are overcrowded and violence plagued. Additional causes for alarm include the rate of increase of incarcerated populations, their historically and internationally unprecedented size, their racial disproportionality, and exorbitant associated costs. Although disagreement remains over the precise degree by which incarceration ought to be reduced, there is a growing consensus that some measure of decarceration is desirable.

With hopes of reducing reliance on conventional criminal supervision and incarceration, specialized criminal courts proliferated dramatically over the past two decades. There are approximately 3,000 specialized criminal courts in the United States, including …

The U.S. Criminal-Immigration Convergence And Its Possible Undoing, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

The intensifying convergence of U.S. criminal law and immigration law poses fundamental structural problems. This convergence--which manifests in the criminal prosecution of immigration law violators, in deportation of criminal law violators, and in a growing immigration enforcement and detention apparatus--distorts criminal law incentives and drains enforcement resources, misguides immigration regulation, and undermines efforts to implement alternative immigration regulatory frameworks. This article offers an account, informed by social psychological and literary theory, of why this convergence persists notwithstanding these problems, as well as how the convergence (and inherently associated problems) might be undone. The U.S. criminal-immigration convergence holds powerful sway, despite …

Social Disorganization And The Public Level Of Crime Control: A Spatial Analysis Of Ecological Predictors Of Homicide Rates In Bogota, Colombia, Gipsy Escobar

Dissertations, Theses, and Capstone Projects

Research in the social disorganization tradition has found community disadvantage to be one of the strongest and most consistent macro-level predictors of homicides in urban areas in the United States (Pratt & Cullen 2005). This dissertation empirically tests the applicability of ecological theories of crime to the spatial distribution of homicides in Bogota, Colombia, while proposing alternative measures of social disorganization that are analogous to those used in the American literature but that are more reflective of both social realities and data availability in Colombia. The study used data from several sources including official homicide figures from the National Institute …

Feral Cat Management: Perceptions And Preferences (A Case Study), Rachel Lm Wilken

Master's Theses

Feral cat management is a highly debated topic. Trap, Neuter, and Return (TNR) programs have become increasingly popular as an alternative to eradication. Public preference about how to manage feral cats has been explored by previous authors, but no consensus has been reached. Public policy and best management practices depend in part upon public opinion on this topic. Wording of a feral cat management preference in surveys can play a role in respondent opinion. For this thesis, the researcher examined public opinion about feral cat control by surveying 298 Stanford University faculty and staff members using two different communication approaches. …

Municipal Liability And Liability Of Supervisors: Litigation Significance Of Recent Trends And Developments, Karen Blum, Celeste Koeleveld, Joel B. Rudin, Martin A. Schwartz

Touro Law Review

"The purpose of this presentation is to examine two recent Supreme Court decisions, Connick v. Thompson and Ashcroft v. Iqbal with an eye to their impact on how lower federal courts will assess such claims in the wake of new constraints imposed by these cases. The focus of the discussion will be on developments in single-incident liability cases after Connick and supervisory liability claims after Iqbal."

Ethics And Wolf Management: Attitudes Toward And Tolerance Of Wolves In Washington State, Julie Callahan

Master's Theses

Approximately seventy-five years after extirpation from Washington State, gray wolves (Canis lupus) returned. As of December 2012, eight packs had arrived from adjacent states and provinces. Delisted from the Federal Endangered Species List in the eastern one-third of Washington, state wildlife managers now have the authority to manage wolves without federal supervision. As a result, one seven-wolf pack has been destroyed. The current study was developed to provide information for managers and policymakers to modify wolf management policies to fit the new regulatory context. Effects of a range of cultural and demographic factors on attitudes toward wolves and tolerance of …

From The Oppressed To The Terrorist: Muslim-American Women In The Crosshairs Of Intersectionality, Sahar F. Aziz

UC Law Journal of Race and Economic Justice

In the post-9/11 era, Muslim women donning a headscarf in America find themselves trapped at the intersection of bias against Islam, the racialized Muslim, and women. In contrast to their male counterparts, Muslim women face unique forms of discrimination not adequately addressed by Muslim civil rights advocacy organizations, women's rights organizations, or civil liberties advocates.

This article examines how the September 11th attacks adversely impacted the lives of headscarved Muslim women in ways different than Muslim men. Ten years after 9/11, there is a plethora of literature about what has become known as "post-9/11 discrimination." Most of the discussion focuses …

A Deregulatory Framework For Alleviating Concentrated African-American Poverty, Benjamin Zimmer

UC Law Journal of Race and Economic Justice

America's urban poor have become more geographically concentrated and isolated, of which, African Americans comprise the majority. Governmental efforts to combat concentrated poverty have consisted primarily of new government interventions in the housing market: subsidies, mandates, and other programs and regulations designed to compel socio-economic or racial integration. All the while, a separate set of government interventions in the form of tax expenditures, education financing, and land-use controls are largely responsible for the perpetuation of concentrated African-American poverty in the first place.

It is time to consider that a successful approach to poverty de-concentration and residential integration must begin by …

Unlawful Arrests And Over-Detention Of America's Immigrants: What The Federal Government Can Do To Eliminate State And Local Abuse Of Immigration Detainers, Molly F. Franck

UC Law Journal of Race and Economic Justice

Ever since Arizona governor, Janice Brewer, signed S.B. 1070 into law in early 2010, national debates over immigration have dominated the public discourse, and precipitated a tidal wave of state legislative proposals to give states authority to regulate immigration. At the same time, however, many state and local police departments assist Immigration and Customs Enforcement ("ICE") with enforcing federal immigration law by means of 287(g) Agreements, the Secure Communities program, and immigration detainers. An immigration detainer, often referred to as an ICE detainer or ICE hold, authorizes state and local police to keep an arrestee for up to forty-eight hours …

Plume Dispersion Modeling Of Chlorine Gas Released Due To Ballistic Attack On Chlorine-Carrying Railway Tanker, Anna Claire Chapman

Electronic Theses and Dissertations

Hazardous dense gases such as chlorine are often transported throughout the United States in their liquid form in pressurized railway tankers. These tankers can hold up to 90 tons of liquid chlorine. A high-powered, ballistic attack on a chlorine-carrying tanker could cause devastating outcomes for the surrounding population and environment. This particular terrorist attack was modeled and analyzed by varying a large number of weather parameters and by varying terrain in order to provide specific concentration data at different distances from the source. Data was compiled to provide first responders with a reliable reference for such an emergency so that …

Unmas 2012 Annual Report, Unmas

Global CWD Repository

The year 2012 was an important one for UNMAS. Delivering on its commitment, UNMAS has successfully led and completed the United Nations Mine Action Strategy, which was endorsed, last December, by the heads of United Nations entities active in mine action. This was a welcome reaffirmation of UNMAS leadership and coordination role. Simultaneously, my counterparts entrusted UNMAS with the responsibility of establishing, hosting and operating the United Nations Monitoring and Evaluation Mechanism for Mine Action, a commitment to accountability and transparency that I wholeheartedly support. The Secretary-General appointed a new Director, the first woman to occupy this post, who immediately …