Digital Commons Network^™

Internet Gambling: A Road To Strengthening Tribal Self-Government And Increasing Tribal Self-Sufficiency While Protecting American Consumers, Chris J. Thompson

American Indian Law Review

No abstract provided.

Kant On The Debt Of Sin, Lawrence Pasternack

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

The Fiscal Crisis As An Opportunity For Criminal Justice Reform: Defenders Building Alliances With Fiscal Conservatives, Randolph N. Jonakait, Larry Eger

Articles & Chapters

No abstract provided.

Saving The Puget Sound Wild Salmon Fishery, George Van Cleve

Faculty Articles

This article focuses on the prevention of future habitat losses. Part I explores flaws in how existing law deals with habitat protection and outlines alternative policies to improve it. Part II charts the decline of the Puget Sound salmon fishery and discusses the scientific support for the conclusion that habitat protection and restoration is a central element in restoring it. Part III considers how effective administrative action and related endangered species litigation are likely to be as means of protecting habitat. Since Native American tribes face very severe harm from the fishery's potential destruction, Part III also explores their distinctive …

Preliminary Report On Race And Washington’S Criminal Justice System, Robert S. Chang

Faculty Articles

For this Report, the Research Working Group reviewed evidence on disproportionality in Washington’s criminal justice system and considered whether crime commission rates accounted for this disproportionality. They found that crime commission rates by race and ethnicity are largely unknown and perhaps unknowable, but that some researchers simply take arrest rates as good proxies for underlying commission rates for all crimes. They found that use of arrest rates likely overstates black crime commission rates for several reasons. But even if arrest rates are used as a proxy for underlying crime commission rates, the extent of racial disproportionality is not explained by …

Crimes Of Misery And Theories Of Punishment, John B. Mitchell

Faculty Articles

Increasingly, one sees the homeless on the streets, alleys, and doorways of commercial, recreational, and living spaces of our cities otherwise populated by the affluent and relatively affluent. At the same time, there has been an increase in the creation and use of so-called “public order laws,” such as forbidding sitting on sidewalks, lying down on benches, and panhandling in certain tourist areas. Together with laws already on the books forbidding public intoxication, open containers of liquor in public and urinating in public, this suite of laws provide police with a means to control the day-to-day lives of the homeless …

How Can Better Food Labels Contribute To True Choice?, J. C. Horvath

Minnesota Journal of Law, Science & Technology

No abstract provided.

John Wiley & Sons, Inc. V. Kirtsaeng: The Uncertain Future Of The First-Sale Doctrine, Benjamin Hamborg

Minnesota Journal of Law, Science & Technology

No abstract provided.

Rethinking Off-Label Regulation In The Wake Of Sorrell V. Ims Health: Can State Involvement Compensate For Waning Fda Authority To Curb Commercial Free Speech?, Ashley A. Zborowsky

Minnesota Journal of Law, Science & Technology

No abstract provided.

Judicial Developments In The Application Of International Law To Domestic Violence, Benedetta Faedi Duramy

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Not Guilty As Charged: The Myth Of Mens Rea For Defendants With Mental Retardation, Elizabeth Nevins-Saunders

Hofstra Law Faculty Scholarship

The notion that mens rea is an indicia of culpability runs deep in the American criminal law psyche. For most defendants, a finding that they had the requisite legal intent may be all we need to know to pronounce them morally culpable. This is because most defendants – those of average intelligence – enjoy a level of socialization, rationality, and agency sufficient to be aware of social norms, make a choice to violate them or not, and to control their own impulses in doing so. But for defendants with mental retardation, the state-of-mind element fails to accurately signify a “guilty …

Judicial Decision Making In A World Of Natural Law And Natural Rights, George C. Christie

Villanova Law Review (1956 - )

No abstract provided.

Assessment Of Transit Oriented Development Impacts, Md Shah Imran

All ETDs from UAB

The recent interest in smart growth, livable communities, and sustainability creates new opportunities for the adoption, expansion, and enhancement of transit services in communities across the U.S. Given that promoting livability and alternative modes is a key priority in the U.S. DOT's agenda, research on economic impacts from integration of transit is both timely and essential. This is important as many of the possible gains from such integration are not fully understood and properly measured to date, such as the related health and quality of life benefits. This thesis analyzes the economic impacts from the implementation of a transit improvement …

Academic Realignment: An Investigation Of Change Within A New Academic Unit At A Research University, Abbygail Tull Langham

All ETDs from UAB

Even in normal times, limited resources require U.S. universities to be more open to change. In late 2007, however, a global recession, the worst since the Great Depression of the 1930s, intensified constraints on higher education. To achieve intended outcomes, leaders at colleges and universities often reorganize or realign their organizations during challenging times. Indeed, one public doctorate-granting research university with very high research activity in the southeastern United States has responded to the economic crisis by realigning four academic schools into one large college. Scholarly inquiry was needed to understand the impact of this realignment. The purpose of this …

Effect Of Increasing Truck Weight On Bridges, Denson Yates

All ETDs from UAB

The issue of increasing the gross vehicle weight limit on the interstate highway system has been debated on the local and federal levels. The driving forces for and against this topic cover a broad spectra ranging from economic benefits to public safety. The University Transportation Center of Alabama is sponsoring this study assessing the force effect that bridges experience when travelled by vehicles with a 97,000-lb gross vehicle weight (GVW). The maximum internal shear and moment caused by two proposed trucks (97-S and 97-TRB) are compared to effects from three base models: design live loadings from the American Association of …

Continuing Residency Requirements: Questioning Burdens On Public Employment In New Jersey, Jason Rindosh

Seton Hall Law Review

No abstract provided.

Empty Protection And Meaningless Review—The Need To Reform California's Stagnant Capital Clemency System, Brittney Cunningham

Loyola of Los Angeles Law Review

This Note examines California’s stagnant capital clemency system and its ability to properly function as a fail safe against miscarriages of justice. Finding that the state’s clemency system lacks transparency, appears arbitrary, and is strained by political pressure, this Note argues that California’s system of wide discretion fails to provide a meaningful review of clemency petitions. To restore clemency’s failsafe function, this Note urges California to create a clemency board and provide procedural guidelines for the board to follow when addressing petitions. This Note asserts that by enacting these reforms, California will invigorate its stagnant clemency system and ensure that …

Rebellious State Crimmigration Enforcement And The Foreign Affairs Power, Mary Fan

Articles

The propriety of a new breed of state laws interfering in immigration enforcement is pending before the Supreme Court and the lower courts. These laws typically incorporate federal standards related to the criminalization of immigration ("crimmigration'), but diverge aggressively from federal enforcement policy. Enacting states argue that the legislation is merely a species of "cooperative federalism" that does not trespass upon the federal power over foreign affairs, foreign commerce, and nationality rules since the laws mirror federal standards. This Article challenges the formalist mirror theory assumptions behind the new laws and argues that inconsistent state crimmigration enforcement policy and resulting …

Answering The Call: Drug Courts In South Dakota, Jerome Eckrich, Roland Loudenburg

South Dakota Law Review

No abstract provided.

A Database For Estimating Organ Dose For Chest And Head Ct Scans For Arbitrary Spectra And Angular Tube Current Modulation, Franco Rupcich, Andreu Badal, Iacovos Kyprianou, Taly Gilat Schmidt

Biomedical Engineering Faculty Research and Publications

Purpose: The purpose of this study was to develop a database for estimating organ dose in a voxelized patient model for coronary angiography and brain perfusion CT acquisitions with any spectra and angular tube current modulation setting. The database enables organ dose estimation for existing and novel acquisition techniques without requiring Monte Carlo simulations. Methods: The study simulated transport of monoenergetic photons between 5 and 150 keV for 1000 projections over 360◦ through anthropomorphic voxelized female chest and head (0◦ and 30◦ tilt) phantoms and standard head and body CTDI dosimetry cylinders. The simulations resulted in tables of normalized dose …

Preparing For Climate Change In Three New England Coastal Communities: Lessons On Motivations, Approaches, And Outcomes, Chris Keeley

Master's Theses and Capstones

This case study research investigated three coastal communities in New England engaged in climate change adaptation. The research goals were to (1) Identify and describe the factors that prompt communities to plan for climate change impacts, (2) To elucidate the types of approaches taken by communities in planning for climate change impacts, and (3) To identify outcomes that transpire from engaging in climate adaptation. The major factors prompting climate adaptation included experience with extreme weather events, local leadership on climate change, and access to technical assistance. Each adaptation process was largely stakeholder-driven. The approaches varied and included utilizing local stories …

Redemption From The Inside-Out: The Power Of Faith-Based Programming, Barbara H. Zaitzow, Richard S. Jones

Social and Cultural Sciences Faculty Research and Publications

Prisons are tense, cheerless, and often degrading places in which all inmates struggle to maintain their equilibrium despite violence, exploitation, lack of privacy, stringent limitations on family and community contacts, and a paucity of opportunities for meaningful education, work, or other productive activities. As a general matter, prisoners come to see prison as their home and try to make the most of the limited resources available in prison; they establish daily routines that allow them to find meaning and purpose in their prison lives, lives that might otherwise seem empty and hopeless. The resilience shown by prisoners should not be …

Managing The Socially Marginalized: Attitudes Towards Welfare, Punishment And Race, Darren Wheelock, Pamela Wald, Yakov Shchukin

Social and Cultural Sciences Faculty Research and Publications

Welfare and incarceration policies have converged to form a system of governance over socially marginalized groups, particularly racial minorities. In both of these policy areas, rehabilitative and social support objectives have been replaced with a more punitive and restrictive system. The authors examine the convergence in individual-level attitudes concerning welfare and criminal punishment, using national survey data. The authors' analysis indicates a statistically significant relationship between punitive attitudes toward welfare and punishment. Furthermore, accounting for the respondents' racial attitudes explains the bivariate relationship between welfare and punishment. Thus, racial attitudes seemingly link support for punitive approaches to opposition to welfare …

An Empirical Analysis Of The Ciudad Juárez Homicides: The Impact Beyond An International Border, Pedro Nino

Open Access Theses & Dissertations

Homicides, induced by the drug war, in Ciudad Juárez drastically increased beginning in 2007. Few studies have been carried out which asses the economic impacts of crime and homicides. Furthermore, the existing literature lacks regional assessment efforts (Rios 2008). Because of geographical proximity and close economic ties, this paper reviews some of the potential impacts the Ciudad Juárez homicides may have on the El Paso regional economy. A time series data approach is employed to assess potential impacts on factors including the El Paso metro business cycle index, El Paso employment, and El Paso retail sales. Findings indicate that fluctuations …

Managing Internal Migration In Modern China: Regional Interests And Forced Removal, 1949-2010s, Bryan Winter

Open Access Theses & Dissertations

This thesis explores how the People's Republic of China (PRC) has attempted to halt internal migration, particularly rural-to-urban migration, in order to maintain socio-political control, and how by the mid-1980s migrant laborers from the countryside had unintentionally created conflicts between authorities from different regions of the country who were either for or against large-scale migration. With the advent of a more open market system that was created after the economic reforms began in 1978, we see that the migrants' movements exposed the differing economic situations of the wealthier coastal provinces and the poor inland ones. This, in turn, led to …

The Texas Deterrence Muddle, Jeffrey A. Fagan, Amanda Geller, Franklin E. Zimring

Faculty Scholarship

The ongoing debate about capital punishment in the United States juggles several contentious questions. Innocence, cost, racial fairness, proportionality, retributivist calculus, and deterrence concerns thread a literature whose richness testifies to the endurance of capital punishment in American legal and political culture. For proponents of capital punishment, the connection between the moral and utilitarian or consequentialist positions trumps all other concerns: They suggest that if the death penalty can prevent – through the incapacitation of the offender and general deterrence of would-be killers – the loss of even one innocent life from murder, then execution is a morally justified or …

Killing The Internet To Keep America Alive: The Myths And Realities Of The Internet Kill Switch, Scott M. Ruggiero

SMU Science and Technology Law Review

No abstract provided.

January Roundtable: Crime And Human Rights In Brazil: The Police Pacification Units, Introduction, Claudia Fuentes Julio

Human Rights & Human Welfare

An annotation of:

“Brazil slum raids impress, but what's the impact?” By Bradley Brooks. Huffington Post, November 14, 2011.

Crisis Preparedness, Charles Maida

Dissertations

School disaster planning is important because schools are places of frequent mass gathering. An estimated 53 million children in the United States attend public and private schools each day. As mass gathering places, schools are prone to mass injury in a natural disaster and unfortunately may serve as a terrorist target (Graham, 2007). Schools must prepare for the worst and hope for the best, because the worst disaster to occur is not preparing for disaster in the first place. Comprehensive crisis management plans must be in place, practiced, revisited, and altered to remain effective.

Community-based strategies have been successful in …

Net Neutrality Besieged By Comcast Corp. V. Fcc: The Past, Present And Future Plight Of An Open Internet, Adam Holofcener

Journal of Business & Technology Law

No abstract provided.