Digital Commons Network^™

Factions For The Rest Of Us, John D. Inazu

Scholarship@WashULaw

This essay responds to essays by Professors Ashutosh Bhagwat, Susan Appleton, and Robert Vischer on my book Liberty’s Refuge: The Forgotten Freedom of Assembly. The essays were presented at a March 2012 discussion hosted by Washington University School of Law that included additional presentations from Gregory Magarian, Bernadette Meyler, Ian MacMullen, and Neil Richards.

I had three objectives in writing Liberty’s Refuge, one diagnostic, one historical, and one normative. The diagnosis highlights difficulties with the current doctrine of intimate and expressive association. The history excavates the prominent role that the right of assembly occupies in our constitutional and popular past. …

Justice Ginsburg And Religious Liberty, John D. Inazu

Scholarship@WashULaw

Justice Ginsburg has left an important mark on many areas of the Supreme Court’s jurisprudence, but she has written relatively little in the area of religion. This relatively small footprint increased significantly in the opinion that she wrote in the Court's 2010 decision in Christian Legal Society v. Martinez. In particular, Martinez's dismissal of the religious association claim at the center of the case dealt a severe blow to religious liberty advocates who have struggled to find alternate means of protecting religious expression in the twenty years since the Court’s decision in Employment Division v. Smith (which relegated to rational …

The California Project: Federal Government Continues Trend Of Preempting State Law In The Field Of Nuclear Safety In Boeing Co. V. Robinson, Denis Yanishevskiy

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Restoring Luster To The Palladium Of Freedom, Wm. T. Robinson Iii

Kentucky Law Journal

No abstract provided.

State Courts And Public Justice: New Challenges, New Choices, John T. Broderick, Lawrence Friedman

Kentucky Law Journal

No abstract provided.

Reconsidering State Parole Board Membership Requirements In Light Of Model Penal Code Sentencing Revisions, Stefan J. Bing

Kentucky Law Journal

No abstract provided.

"A Matter Of Grace": Alternatives To Billing Insurance For Sexual Assault Forensic Examinations, Jessica C. Harvey

Kentucky Law Journal

No abstract provided.

Voter Ideology, Tax Exporting, And State And Local Tax Structure, John M. Foster

Theses and Dissertations--Public Policy and Administration

State and local governments play an important role in financing and delivering public services in the United States. In 2008, state and local governments collected 57 percent of total federal, state, and local revenue (Urban Institute and Brookings Institution, Tax Policy Center, 2009). The decentralization of fiscal responsibility has enabled a high degree of variation in state and local tax structures to emerge. This dissertation presents two empirical studies that extend the positive literature on state and local tax policy.

The extant literature contains evidence of a direct relationship between voter ideology and state and local tax progressivity. However, the …

When Coercion Lacks Care: Competency To Make Medical Treatment Decisions And Parens Patriae Civil Commitments, Dora W. Klein

Faculty Articles

The subject of this Article is people who have been civilly committed under a state’s parens patriae authority to care for those who are unable to care for themselves. These are people who, because of a mental illness, are a danger to themselves. Even after they have been determined to be so disabled by their mental illness that they cannot care for themselves, many are nonetheless found to be competent to refuse medical treatment. Competency to make medical treatment decisions generally requires only a capacity to understand a proposed treatment, not an actual or rational understanding of that treatment. This …

Students With Felony Convictions In Higher Education: An Examination Of The Effects Of Special Admissions Policies On Applicants And On Campus Communities, Bradley Dean Custer

Browse all Theses and Dissertations

There is limited research documenting the outcomes of college admission policies that screen applicants with prior felony convictions. Without this data, there is no evidence to support that these policies make college campuses safer. Additionally, there is no information available on the effects of special admissions policies on the applicants or on academic performance of students with prior felony convictions. This mixed-method study examined the applications of 54 undergraduate applicants with prior felony convictions at a mid-sized, public institution in the Midwest to reveal demographic trends among the population, to reveal themes from written narratives, and to examine the academic …

The Ethics Of Library Resource Sharing In The Digital Age, Beth Posner

Publications and Research

Abstract

Purpose – The purpose of this paper is to outline ethical implications of the practical challenges facing resource sharing practitioners in the digital age.

Design/methodology/approach – The author presents an overview of major ethical challenges related to digital resource sharing using a framework of four key ethical theories: justice as fairness; utilitarianism; rights theory; and common good theory.

Findings – When administrators, publishers, lawmakers, or the public dictate policies and rules that are inconsistent with librarian values and norms, librarians should turn to ethical reasoning in defense of their work.

Social implications – Resource sharing practitioners everywhere will find …

Response, The Obama Administration, In Defense Of Daca, Deferred Action, And The Dream Act, Shoba S. Wadhia

Faculty Scholarship

This essay responds to “The Obama Administration, the DREAM Act and the Take Care Clause” by Robert J. Delahunty and John C. Yoo. Though I credit Yoo and Delahunty for considering the relationship between the DACA program and the President’s duties under the “Take Care” clause, they miss the mark in at least three ways: 1) Contrary to ignoring immigration enforcement, the Obama Administration has executed the immigration laws faithfully and forcefully; 2) Far from being a new policy that undercuts statutory law, prosecutorial discretion actions like DACA have been pursued by other presidents, and part of the immigration system …

Camreta And Al-Kidd: The Supreme Court, The Fourth Amendment, And Witnesses, Kit Kinports

Faculty Scholarship

Although few noticed the link between them, two Supreme Court cases decided in the same week last Term, Ashcroft v. al-Kidd and Camreta v. Greene, both involved the Fourth Amendment implications of detaining witnesses to a crime. Al-Kidd, an American citizen, was arrested under the federal material witness statute in connection with an investigation into terrorist activities, and Greene, a nine-year-old suspected victim of child abuse, was seized and interrogated at school by two state officials. The opinions issued in the two cases did little to resolve the constitutional issues that arise in witness detention cases, and in fact …

State And Local Governmental Developments - 2012; Audit Risk Alerts, American Institute Of Certified Public Accountants (Aicpa)

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Proportionality In Constitutional Law: Why Everywhere But Here?, Bernard Schlink

Duke Journal of Comparative & International Law

No abstract provided.

The Full Faith And Credit Clause: Do Factual Executive Documents Require Equivalent Treatment Between States?, Darren A. Prum

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Transformation In The Ecthr: Strasbourg’S Expansive Recourse To External Rules Of International Law, Julian Arato

Faculty Scholarship

No abstract provided.

Establishing The Quality Management Baseline In The Use Of Computed Tomography Machines In Kenya, Geoffrey K. Korir, Jeska S. Wambani, Ian K. Korir, Bernard O. Ochieng

Imaging & Diagnostic Radiology, East Africa

The objective of this study was to assess the level of compliance to quality assurance and image quality standards in computed tomography facilities in Kenyan hospitals. A quality assurance inspection and physical image quality assessment in eighteen representative computed tomography facilities were completed. A quantitative method was developed and used to score the results obtained from the physical image quality measurements using the American Association of Physicists in Medicine (AAPM) water phantom. Inspection was done in order to establish the level of compliance with internationally recognized standards such as those stipulated in the European Guidelines Quality Criteria for Computed Tomography …

Comparative Climate Change Torts, Robert F. Blomquist

Valparaiso University Law Review

No abstract provided.

The People Paradox, Nicole Stelle Garnett

Journal Articles

U.S. land-use regulators are increasingly embracing mixed-land-use “urban” neighborhoods, rather than single-land-use “suburban” ones, as a planning ideal. This shift away from traditional regulatory practice reflects a growing endorsement of Jane Jacobs’s influential argument that mixed-land-use urban neighborhoods are safer and more socially cohesive than single-land-use suburban ones. Proponents of regulatory reforms encouraging greater mixing of residential and commercial land uses, however, completely disregard a sizable empirical literature suggesting that commercial land use generates, rather than suppress, crime and disorder, and that suburban communities have higher levels of social capital than urban communities. This Article constructs a case for mixed-land-use …

Applications Of Cognitive Radio Networks, Jordi Perez-Romero, Linda Doyle, Mehmet C. Vuran

School of Computing: Faculty Publications

The term cognitive radio (CR), originally coined in the late 1990s, envisaged a radio that is aware of its operational environment so that it can dynamically and autonomously adjust its radio-operating parameters to accordingly adapt to the different situations. Cognition is achieved through the so-called cognitive cycle, consisting of the observation of the environment, the orientation and planning that leads to making appropriate decisions in accordance with specific operation goals, and finally, the execution of these decisions (e.g., access to the appropriate channel). Decisions can be reinforced by learning procedures based on the past observations and the corresponding results of …

Public Input For City Budgeting Using E-Input, Face-To-Face Discussions, And Random Sample Surveys: The Willingness Of An American Community To Increase Taxes, Alan Tomkins, Rick D. Hoppe, Mitch Herian, Lisa M. Pytlikzillig, Tarik Abdel-Monem, Nancy Shank

Lisa PytlikZillig Publications

Regular public input into a city's budget is frequently associated with municipal budgeting in Brazilian cities, successes in public engagement that have been emulated around the world. American communities are adopting the practice to varying degrees. This paper will report on a five-year old public input program that is taking place in Lincoln, Nebraska, the capital city of a politically conservative state in the U.S. We discuss the processes we use to engage the public about the City's budget. The process includes regular online input as well as face-to-face, deliberative discussions. On occasions, random sample surveys also have been used. …

A Novel Bipolar Electric Fence For Excluding White-Tailed Deer From Stored Livestock Feed, G. E. Phillips, M. J. Lavelle, Justin W. Fischer, Joshua J. White, Scott J. Wells, K. C. Vercauteren

United States Department of Agriculture Wildlife Services: Staff Publications

Where cattle (Bos taurus) and free-ranging white-tailed deer (Odocoileus virginianus) coexist, they frequently share space and resources, potentially resulting in damage to stores of livestock feed and risk of interspecies disease transmission. Preventing use of stored feed by deer can be an important objective in farm management, depending on amount of damage experienced and perceived risk of disease transmission. Woven wire fences (2.4 to 3.0 m high) are generally considered to be the most effective means for excluding deer. However, rapidly deployable temporary means of excluding deer could be useful, especially during late winter when deer …

On Overreaching, Or Why Rick Perry May Save The Voting Rights Act But Destroy Affirmative Action, Ellen D. Katz

Articles

The State of Texas is presently staking out two positions that are not typically pursued by a single litigant. On the one hand, Texas is seeking the invalidation of the Voting Rights Act, and, on the other, the State is now defending the validity of the expansive race-based affirmative action policy it uses at its flagship university. This Essay presses the claim that Texas has increased the chance it will lose in bothTexas v. Holder andFisher v. University of Texas because it has opted to stake out markedly extreme positions in each. I argue that Texas would be more likely …

San Jose Police Department: A Managerial Audit Of Patrol Staffing, Self-Initiated Activity, Response Times, And In-Field Arrest Rates, Justin T. Deoliveira

Master's Projects

No abstract provided.

Atr-Ftir Studies On The Kinetics Of Dimethylarsinic Acid (Dma) Surface Complexation With Iron(Oxyhydr)Oxides, Julia Tofan-Lazar Miss

Theses and Dissertations (Comprehensive)

Dimethylarsinic acid (DMA) is an organoarsenical compound that, along with monomethylarsonic acid, poses a health and an environmental risk, and a challenge to the energy industry. Little is known about the surface chemistry of DMA at the molecular level with materials relevant to geochemical environments and industrial sectors. The surface chemistry of phosphorus and arsenic compounds in their organic and inorganic forms is of great interest due to its role in controlling their transport, bioaccessibility and speciation. This thesis reports the first in-situ and surface-sensitive rapid kinetic studies on the adsorption and desorption of DMA to and from Fe-(oxyhydr)oxide films …

The Impact Of Social Work Services On Students With Disabilities, Bridgette D. Webster Wade

Abraham S. Fischler College of Education ETD Archive

This study assessed the impact of social work services on middle school students with disabilities at a selected district in Louisiana. Students with disabilities who received multiple office discipline referrals and suspensions were referred for social work services assessment. Many had a mental health diagnosis. The majority of infractions were disrespect to authority, willful disobedience, class or school disruption, fighting, dangerous substance, and profanity. The goal of the study was to determine whether social workers adhered to the district’s benchmarks of quality guidelines during the assessment and intervention processes and to ascertain whether there was a decrease in office discipline …

Do Sex Offender Registries Make Us Less Safe?, J. J. Prescott

Articles

State legislatures enacted sex offender registration and notification (SORN) laws with the explicit and exclusive aim of reducing sex offender recidivism. The general idea that we ought to “regulate” released offenders — of any type — to reduce the likelihood of their returning to crime is an attractive one, at least in theory. Criminal recidivism generates significant social harm. Nevertheless, despite their now-widespread use, SORN laws became the norm without any systematic study of their consequences. Admittedly, the logic underlying these laws seems at first difficult to gainsay: if a known sex offender poses even a small risk to a …

Switching The Flip: Questioning The Government's Authority To Shut Down Communication Networks In Furtherance Of Public Safety, Eric B. Einisman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 31, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.