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2012

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When The Legislature Robs Peter To Pay Paul: Pretextual Takings And Goldstein V. Pataki, Michael V. Bernier Jan 2012

When The Legislature Robs Peter To Pay Paul: Pretextual Takings And Goldstein V. Pataki, Michael V. Bernier

MC Law Review

Note


Juveniles Convicted As Adults: An Annotated Bibliography Of Current Research., Brenda V. Smith, Jaime Yarussi Jan 2012

Juveniles Convicted As Adults: An Annotated Bibliography Of Current Research., Brenda V. Smith, Jaime Yarussi

Project on Addressing Prison Rape - Articles

This publication compiles case law, new stories, reports and helpful sites on the issue of juveniles convicted as adults (as of 2012).


Implementation Of A Community Education Project To Reduce Motorcycle Accidents And Injury, Della Teresa Hemphill Msn, Acnp-Bc, Fnp Jan 2012

Implementation Of A Community Education Project To Reduce Motorcycle Accidents And Injury, Della Teresa Hemphill Msn, Acnp-Bc, Fnp

Doctor of Nursing Practice (DNP)

No abstract provided.


Drugs, Guns, Police And Spatial-Temporal Analysis, Kristen N. Berg Jan 2012

Drugs, Guns, Police And Spatial-Temporal Analysis, Kristen N. Berg

USF St. Petersburg campus Honors Program Theses (Undergraduate)

This study sought to analyze the spatial patterns of drug and gun related crimes in the City of St. Petersburg, Florida by using Geographic Information Systems procedures. Hot Spot analysis and crime density were employed as two alternative measures of crime rates. Using ArcGIS, the records of drug and gun related crimes from August 1, 2010 to August 1, 2011, of St. Petersburg, Florida, were mapped. Data was provided by the St. Petersburg Police Department. Using this data we analyzed which census tracts have the most gun and drug activity associated with them. An overall density map of crime was …


Calendar Year 2012 Report To The Rio Grande Compact Commission, Dick Wolfe, Scott A. Verhines, Patrick R. Gordon, Hal Simpson Jan 2012

Calendar Year 2012 Report To The Rio Grande Compact Commission, Dick Wolfe, Scott A. Verhines, Patrick R. Gordon, Hal Simpson

Law of the Rio Chama

No abstract provided.


Can Drug Court Results Be Predicted? Completion And Termination Of Drug Court Participants, Christopher D. Geisler Jan 2012

Can Drug Court Results Be Predicted? Completion And Termination Of Drug Court Participants, Christopher D. Geisler

MPA/MPP/MPFM Capstone Projects

The substantial growth in Kentucky’s prison population since the 1980s has resulted in increased spending on corrections, both the total amount and as a percentage of total general fund spending. The sustained growth in corrections spending combined with shrinking budgetary realities has created an incentive to explore ways to reduce costs without compromising public safety. Community supervision programs are one alternative to addressing this problem. They are an attractive approach to dealing with certain types of criminals because the cost is significantly lower than incarceration. Drug courts are an example of community supervision that allows drug offenders to avoid imprisonment …


Internet As A Human Right: A Practical Legal Framework To Address The Unique Nature Of The Medium And To Promote Development, Young Joon Lim, Sarah E. Sexton Jan 2012

Internet As A Human Right: A Practical Legal Framework To Address The Unique Nature Of The Medium And To Promote Development, Young Joon Lim, Sarah E. Sexton

Washington Journal of Law, Technology & Arts

A Taiwanese court sentenced a blogger to 30 days of detention for her comments that a restaurant’s food was too salty and that the locale was unsanitary. In Indonesia, a woman was sentenced to six months in jail for libel after an e-mail she sent to friends about poor treatment she received in a hospital was posted on Facebook. These are not isolated cases of persecution, but part of a broad pattern of challenges facing individuals around the world. The United Nations recently released a report on legal trends involving restriction of expression on the Internet, declaring that freedom of …


Permitting Student-Athletes To Accept Endorsement Deals: A Solution To The Financial Corruption Of College Athletics Created By Unethical Sports Agents And The Ncaa's Revenue-Generating Scheme, Michael A. Corgan Jan 2012

Permitting Student-Athletes To Accept Endorsement Deals: A Solution To The Financial Corruption Of College Athletics Created By Unethical Sports Agents And The Ncaa's Revenue-Generating Scheme, Michael A. Corgan

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


The Hidden Limits Of The Charitable Deduction: An Introduction To Hypersalience, Lilian V. Faulhaber Jan 2012

The Hidden Limits Of The Charitable Deduction: An Introduction To Hypersalience, Lilian V. Faulhaber

Georgetown Law Faculty Publications and Other Works

Behavioral economics introduced the concept of salience to law and economics. In the area of tax policy, salience refers to the prominence of taxes in the minds of taxpayers. This article complicates the literature on salience and taxation by introducing the concept of “hypersalience,” which is in many ways the mirror image of hidden taxation. While a revenue-raising tax provision must be hidden for taxpayers to underestimate their tax bill, a revenue-reducing tax provision – such as a deduction, exclusion, or credit – must be more than fully salient for taxpayers to underestimate their tax bill. In other words, the …


Final Report: Siting Study For A Hydrokinetic Energy Project Located Offshore Southeastern Florida: Protocols For Survey Methodology For Offshore Marine Hydrokinetic Energy Projects., C. Vinick, A. Riccobono, Charles G. Messing, Brian K. Walker, John K. Reed, Stephanie Rogers Jan 2012

Final Report: Siting Study For A Hydrokinetic Energy Project Located Offshore Southeastern Florida: Protocols For Survey Methodology For Offshore Marine Hydrokinetic Energy Projects., C. Vinick, A. Riccobono, Charles G. Messing, Brian K. Walker, John K. Reed, Stephanie Rogers

Faculty Scholarship

The purpose of the project was to enhance the certainty of the survey requirements and regulatory review processes for the purpose of reducing the time, efforts, and costs associated with initial siting efforts of marine and hydrokinetic energy conversion facilities that may be proposed in the Atlantic Ocean offshore Southeast Florida. To secure early input from agencies, protocols were developed for collecting baseline geophysical information and benthic habitat data that can be used by project developers and regulators to make decisions early in the process of determining project location (i.e., the siting process) that avoid or minimize adverse impacts to …


What A Relief? The Availability Of Habeas Relief Under The Savings Clause Of Section 2255 Of The Aedpa, Scott R. Grubman Jan 2012

What A Relief? The Availability Of Habeas Relief Under The Savings Clause Of Section 2255 Of The Aedpa, Scott R. Grubman

South Carolina Law Review

No abstract provided.


An Innovative Leadership Effectiveness Measure: Applied Analytic Indicators Of High-Consequence Industry Performance, Brent D. Bowen, Erin E. Bowen, Dean E. Headley, Hatice Küçükönal, Clay Wildt Jan 2012

An Innovative Leadership Effectiveness Measure: Applied Analytic Indicators Of High-Consequence Industry Performance, Brent D. Bowen, Erin E. Bowen, Dean E. Headley, Hatice Küçükönal, Clay Wildt

Aviation Technology Faculty and Staff Publications

Leadership effectiveness in high-consequence industries has more than a bottom-line fiscal impact; it is linked to critical issues of human safety. Performance, productivity and overall quality of service have to be managed with focus on improvement in systemic safety while simultaneously maintaining a viable and profitable organization. This premise is specifically foremost in the leadership of airline organizations. The Airline Quality Rating has become a recognized and lauded indicator of airline performance in the United States. A valid case is presented herein to confirm that the Airline Quality Rating’s applied analytic methodology effectively provides a tool for assessing organizational leadership. …


A Needs Assessment Of Knowledge, Skills, And Values For Urban Planning Professionals Based On Competencies Set Forth By Professional Planning Organizations, Chade Saghir Jan 2012

A Needs Assessment Of Knowledge, Skills, And Values For Urban Planning Professionals Based On Competencies Set Forth By Professional Planning Organizations, Chade Saghir

Wayne State University Dissertations

Continuing education and training is pivotal in today's fast-paced technology driven society. A profession is defined by the theories and techniques that competent practitioners utilize in their everyday work. Therefore, determining the competencies that practitioners must possess for any given profession is a prerequisite for a respected profession. Most professions are bounded by competencies that are dictated by professional organizations and education programs, yet the real test is how practitioners view these competencies as they relate to their job. For a profession to reach the ultimate goal of improving society the first step is to align professional organization, education, and …


Sci-Tech Book News Reviews, Susan Fingerman Jan 2012

Sci-Tech Book News Reviews, Susan Fingerman

Sci-Tech News

No abstract provided.


Persistence Of Mycobacterium Bovis Bacillus Calmette– Guerin (Bcg) Danish In White-Tailed Deer (Odocoileus Virginianus) Vaccinated With A Lipid-Formulated Oral Vaccine, M. V. Palmer, T. C. Thacker, W. R. Waters, S. Robbe-Austerman, F. E. Aldwell Jan 2012

Persistence Of Mycobacterium Bovis Bacillus Calmette– Guerin (Bcg) Danish In White-Tailed Deer (Odocoileus Virginianus) Vaccinated With A Lipid-Formulated Oral Vaccine, M. V. Palmer, T. C. Thacker, W. R. Waters, S. Robbe-Austerman, F. E. Aldwell

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Mycobacterium bovis, the causative agent of tuberculosis in animals, has a broad host range, including humans. Historically, public health concerns prompted programs to eradicate tuberculosis from cattle in many nations. Eradication efforts decreased the prevalence of bovine tuberculosis; nevertheless, some countries encountered significant obstacles, not least of which was a wildlife reservoir of M. bovis. Efforts to decrease the size of the affected wildlife populations have neither eliminated disease nor eliminated transmission to cattle. Consequently, the use of a vaccine for wildlife is being explored. The vaccine most studied is M. bovis BCG, an attenuated live vaccine, first …


Promoting Positive Performance Relationships Between Law Enforcement Supervisors And Their Officers, Shanell M. Law Jan 2012

Promoting Positive Performance Relationships Between Law Enforcement Supervisors And Their Officers, Shanell M. Law

Theses and Dissertations

This study served to determine if sworn officers experiencing low or high levels of Leader-Member Exchanges (LMX) are more likely to engage in behaviors or have attitudes that can ultimately lead to more negative or positive performance outcomes respectively. Five research questions assisted in revealing the perspectives of sworn officers as they act under the auspices of their superiors. The following research questions were answered throughout this study: (1) Do sworn officers perceive that their supervisors are aware of the officer's professional needs? (2) Do sworn officers perceive that their supervisors have confidence in their professional ability? (3) Do sworn …


States' Investment In Human Capital: Higher Education Funding Effort, Elena Garrison Jan 2012

States' Investment In Human Capital: Higher Education Funding Effort, Elena Garrison

Graduate Student Theses, Dissertations, & Professional Papers

Diminishing state support for higher education threatens human capital development. This quantitative study undertook to determine the state factors that influence higher education funding and to what degree they do so, what level of funding is required to satisfy higher education expenditure need, and what can help to ensure that those funding needs are met. The focus of the study was the 15 WICHE states, with special attention to the situation in Montana. The states in the study varied dramatically in their fiscal capacity to generate the revenue needed to support public services, a capacity influenced by state resource endowment, …


Elk Hunting On Turnbull National Wildlife Refuge: Impacts On Elk Movement And Aspen Regeneration, Christopher E. Dwight Jan 2012

Elk Hunting On Turnbull National Wildlife Refuge: Impacts On Elk Movement And Aspen Regeneration, Christopher E. Dwight

EWU Masters Thesis Collection

"In the arid West, quaking aspen (Populus tremuloides) cover less than 10% of the forest landscape, yet support a disproportionate diversity of native plants and animals. When elk (Cervus elaphus) become overabundant, browsing prevents aspen regeneration, reduces survival, and consequently impacts local biodiversity. Given this, Turnbull National Wildlife Refuge (TNWR) initiated a limited annual elk hunt beginning in fall 2010. This study examines whether the hunt affected elk usage of the refuge and, indirectly, aspen growth and regeneration. To determine elk movement and usage of the refuge prior to and following the elk hunt, 34 radio-collared cow elk were monitored …


Requiring Miranda Warnings For The Christmas Day Bomber And Other Terrorists, Malvina Halberstam Jan 2012

Requiring Miranda Warnings For The Christmas Day Bomber And Other Terrorists, Malvina Halberstam

Articles

No abstract provided.


Why Proportionality Matters, Youngjae Lee Jan 2012

Why Proportionality Matters, Youngjae Lee

Faculty Scholarship

No abstract provided.


Civilian Aviation Screening: A Time-Series Analysis Of Confiscated Firearms At Screening Checkpoints, Shon Agard Jan 2012

Civilian Aviation Screening: A Time-Series Analysis Of Confiscated Firearms At Screening Checkpoints, Shon Agard

Online Theses and Dissertations

This study investigated the aviation screening process and sought to determine if the federalization of the screening process had any effect on the number of firearm confiscations at civilian aviation screening checkpoints. The hypothesis of the study was that airport screening firearms confiscations (per one million screenings) were lower before the U.S. government (TSA) took over screening in 2001-2002. This quantitative research required the performance of an interrupted time series analysis. Interrupted time series analysis evaluates the impact of one or more events on the values in the time series. An interrupted time series analysis attempts to determine whether an …


Exploring Military Service As An Alternative Sanction: Evidence From Inmates' Perspectives, Travis Wade Milburn Jan 2012

Exploring Military Service As An Alternative Sanction: Evidence From Inmates' Perspectives, Travis Wade Milburn

Online Theses and Dissertations

A large body of research exists that examines the punitiveness of prison compared to a wide variety of alternative sanctions. Generally, this research finds that there are numerous demographic and contextual differences in the way that people experience the punitiveness of prison. In this paper, I expand that research by using data from over 900 inmates to examine whether they view military service as more punitive than incarceration.

The research suggests females, Blacks, and those who have not had prior military service are more likely to desire imprisonment as opposed to military service. However, Whites and veterans appear to embrace …


The Effectiveness Of Homeland Security Training For Rural Communities: A Comparative Analysis Of Web-Based And Instructor-Led Training Delivery, Ryan K. Baggett Jan 2012

The Effectiveness Of Homeland Security Training For Rural Communities: A Comparative Analysis Of Web-Based And Instructor-Led Training Delivery, Ryan K. Baggett

Online Theses and Dissertations

The development of advanced training technologies such as Web Based Training (WBT), coupled with the proliferation of computer and Internet availability, has increased training opportunities for rural communities. This advancement is critical to meeting the training needs of emergency response personnel in rural communities who routinely face the challenge of providing continuous services to their community with limited resources. Despite the perceived convenience of WBT for emergency responders, little research has been conducted in homeland security on the knowledge acquisition of those who are trained using an electronic medium as compared to those in a traditional, Instructor-Led Training (ILT) delivery. …


A Review Of Air Medical Safety: 2005-2011, Andrew Holcomb Jan 2012

A Review Of Air Medical Safety: 2005-2011, Andrew Holcomb

Online Theses and Dissertations

This study was designed to research current air medical risks and identify the extent of the risk from 2005 - 2011 by looking at NTSB data. Sixty-eight rotorcraft air medical incidents were discovered based on preset criteria, such as resulting injury or significant damage to aircraft, for severe air medical incidents. Six major concerns in air medical safety were researched in this study: day and nighttime incidents, takeoff/landing and in-flight incidents, Part 91 and Part 135 regulations, pilot hours, post-crash fire, and changing visual conditions. From information given in the NTSB reports based on incident investigation, this information was collected …


Brief Of Professors Of Law As Amici Curiae In Support Of Appellants, Neil Vidmar, David Zevan Jan 2012

Brief Of Professors Of Law As Amici Curiae In Support Of Appellants, Neil Vidmar, David Zevan

Faculty Scholarship

No abstract provided.


Managing The Urban Commons, Nicole Stelle Garnett Jan 2012

Managing The Urban Commons, Nicole Stelle Garnett

Journal Articles

Over the past several decades, debates about the appropriate tools of commons management have played themselves out in a particularly illuminating way in the management of urban public spaces. Some commentators urge, a là Garrett Hardin, that government coercion is needed to restore order to the urban commons. Others urge the privatization or quasi-privatization of urban public-spaces. On the ground in American cities, these theoretical arguments have been translated into concrete policies, especially policing strategies (e.g., order-maintenance and community policing) and urban development strategies (e.g., business improvement districts). This is an opportune time to reexamine the commons-management questions raised by …


A Comparison Of Airway Dimensions Among Different Skeletal Craniofacial Patterns, Ronnie J. Sparks Jan 2012

A Comparison Of Airway Dimensions Among Different Skeletal Craniofacial Patterns, Ronnie J. Sparks

Graduate Theses, Dissertations, and Problem Reports (ETD)

Background and Objectives: Much attention has been given to the association of craniofacial skeletal morphology, upper airway dimension, and respiratory function with patients suffering from obstructive sleep apnea. However, much of the information gathered on the aforementioned has been established with the use of 2-Dimensional lateral cephalometry. The objective of this study was to investigate upper airway dimensions among different skeletal patterns using cone-beam computed tomography (CBCT). Methods: A sample of 279 patients who seught orthodontic treatment at the University of Nevada Las Vegas School of Dentistry Department of Orthodontics was included in this study. Pre-treatment multi-slice CBCT scans of …


Sensitivity Analysis Of Risk Guidelines For Mining Near Impounding Structures And Bodies Of Water, Thomas Wachtel Jan 2012

Sensitivity Analysis Of Risk Guidelines For Mining Near Impounding Structures And Bodies Of Water, Thomas Wachtel

Graduate Theses, Dissertations, and Problem Reports (ETD)

The coal mining industry has traditionally relied upon approaches that are principally based on US Bureau of Mines Information Circular (IC) 8741 by Babcock and Hooker (1977) for determining proximity distances and safety zones when mining under or near bodies of water. The proximity distance guidelines are limited by controlling the water inundation or seepage primarily for miners' safety. Since this initial work, research into mining under bodies of water has developed from subsidence studies performed by Kendorski (1993) and Bai et al. (1995). Recently, recovery of mineral reserves near bodies of water owned by the government is showing higher …


Response: One Market We Do Not Need, Giovanna Shay Jan 2012

Response: One Market We Do Not Need, Giovanna Shay

Faculty Scholarship

The Author responds to Alexander Volokh’s, Prison Vouchers, 160 U. Pa. L. Rev. 779 (2012). She argues that Professor Volokh is right that American prisons are considered to be “low quality,” and that they suffer from “high violence rates, bad medical care, [and] overuse of highly punitive measures like administrative segregation . . . .” But his proposed solution—a system of “prison vouchers” that would permit prisoners to choose their facilities and thus create a market for prison services—would provide only an illusion of choice. Even worse, such a system runs the risk of strengthening the self-interested forces that drive …


A Second Amendment Quartet - Heller And Mcdonald In The Lower Courts - Introduction, Stephen Kiehl Jan 2012

A Second Amendment Quartet - Heller And Mcdonald In The Lower Courts - Introduction, Stephen Kiehl

Maryland Law Review

No abstract provided.