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Clark Magazine, Fall 2012, Clark University

Clark Magazine

The Fall 2012 edition of Clark Magazine. Clark Magazine is a twice-yearly publication primarily geared towards Clark University Alumni.

The cover story is 'Padma Power: Entrepeneur, philanthropist, and the host of Top Chef, Padma Lakshi '92 has found the recipe for a sweet and savory life.'

Shedding Rights At The College Gate: How Suspicionless Mandatory Drug Testing Of College Students Violates The Fourth Amendment, Jeremy L. Kahn

University of Miami Law Review

No abstract provided.

National Discretion And International Deference In The Restriction Of Human Rights: A Comparison Between The Jurisprudence Of The European And The Inter-American Court Of Human Rights, Pablo Contreras

Northwestern Journal of Human Rights

No abstract provided.

2012 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Campus News, page 3

Working for New Jobs, page 16

Faculty Briefs, page 18

Teaching Law Now, page 23

Alumni News & Advancement, Class Notes, page 34

Practicing Law Now, page 37

Studying Law Now, page 48

The White House … The Supreme Court … Guantanamo Bay, page 70

Looking Back, page 72

Japan-China Relations 2005–2010: Managing Between A Rock And A Hard Place An Interpretative Essay, James J. Przystup

INSS Strategic Perspectives

Between China and Japan, the past is ever-present. Notwithstanding shared cultural and historic ties, throughout the past century and going back to the Sino-Japanese war at the end of the 19th century, a bitter legacy of history—the Boxer Rebellion; the Mukden Incident and Japan’s occupation of South Manchuria (1931); the Marco Polo Bridge Incident, Japan’s subsequent invasion of China, and the Nanjing Massacre (1937); and the Sino-Japanese War (1937– 1945)—has left an indelible mark on this relationship.

Assessing The Cost Effectiveness Of Policy Options To Address Overcrowding At The Broome County Public Safety Facility, Daniel J. Reynolds

MPA Capstone Projects 2006 - 2015

In 1996, Broome County opened the new Broome County Public Safety Facility (BCPSF) that doubles the County's capacity for housing inmates locally. However, the County has experienced a significant increase in jail population since BCPSF was opened. This has resulted in the resumption of the practice of boarding excess inmates at regional facilities. Given the County's desire to contain costs associated with overcrowding, this research project conducted a cost effectiveness analysis of three policy alternatives to address the jail overcrowding issues: (1) maintaining the current practice of boarding, (2) renovating a gymnasium into a 48 bed "Gym-Pod," or (3) constructing …

Droughtscape, Fall 2012, National Drought Mitigation Center

DroughtScape: Quarterly Newsletter of the National Drought Mitigation Center (2007–2023)

Contents

Director’s report

Updated resources

Drought outlook and review

2012 and past droughters

Summer impacts summary

Urban planners and drought

USDM wins CLEAN seal

Meixiu Yu's Chinese SPEI

Ethiopian project

Mexican VegDRI

Drought monitor sculpture

The Bush Administration And The Office Of Legal Counsel (Olc) Torture Memos: A Content Analysis Of The Response Of The Academic Legal Community, Arthur H. Garrison

Cardozo Public Law, Policy & Ethics Journal

The article critically examines the Office of Legal Counsel (OLC) torture memos authored by John Yoo and Jay Bybee in 2002, which were intended to justify interrogation techniques such as waterboarding post-9/11. These memos have been widely criticized for undermining human rights and international law, and for compromising the OLC's role in providing impartial legal advice. The memos' perceived advocacy for White House policies rather than objective analysis led to ethical breaches and procedural shortcomings, ultimately resulting in their withdrawal. The article emphasizes the crucial role of ethical standards and independence in legal institutions to prevent such abuses and maintain …

New Police Surveillance Technologies And The Good-Faith Exception: Warrantless Gps Tracker Evidence After United States V. Jones, Caleb Mason

Nevada Law Journal

No abstract provided.

Can You Hear Me Now? Cell Phone Jamming And The Tenth Amendment, Thomas L. Chittum, Iii

Nevada Law Journal

No abstract provided.

Constitutional Apostasy: The Ambiguities In Islamic Law After The Arab Spring, Brian O'Connell

Northwestern Journal of Human Rights

No abstract provided.

Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu

Indiana Law Journal

It is a challenge for the United States to adequately protect the interests of its intellectual property industries. It is particularly difficult to effectively achieve this objective when the interests of the United States are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the United States has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this Article contributes to the growing body of literature on developing a …

Value Divergence In Global Intellectual Property Law, J. Janewa Osei-Tutu

Articles

It is a challenge for the United States to adequately protect the interests of its intellectual property industries. It is particularly difficult to effectively achieve this objective when the interests of the United States are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the United States has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this Article contributes to the growing body of literature on developing a …

Etsu Today - Fall 2012, University Marketing And Communication, East Tennessee State University

ETSU Today [magazine]

On behalf of my wife Donna and our family, thank you for welcoming us so warmly into the East Tennessee State University family. During the past nine months, we have learned volumes about ETSU. As many of you know, I am a note-taker. I have filled 14 legal pads of notes since January. Those notes contain stories of inspiration, stories of persistence and dedication, stories that, taken collectively, portray a university deeply engaged with the world around it. I will share some of those stories with you. We have learned about ETSU and the amazing work being carried out by …

The Price They Pay: Protecting The Mother-Child Relationship Through The Use Of Prison Nurseries And Residential Parenting Programs, Anne E. Jbara

Indiana Law Journal

Over the past century, while advocates of prison nurseries have applauded their individual and societal benefits, opponents have criticized their touchy-feely undertones, arguing that children do not belong behind bars. New York instituted the first modern prison nursery program in 1901 at its Bedford Hills facility, and the nursery has existed ever since. The federal government and a number of other states have followed suit in developing programs that, to varying degrees, give mothers and infants an opportunity to remain together until the infant reaches a particular age. The requirements for such programs vary by state but generally only permit …

Reforming The Good Moral Character Requirement For U.S. Citizenship, Kevin Lapp

Indiana Law Journal

This Article explores the impact of the convergence of criminal law and immigration law on the most valued government benefit in the land: citizenship. Specifically, it examines how criminal history influences the opportunity to naturalize through the good moral character requirement for U.S. citizenship.

Since 1790, naturalization applicants have been required to prove their good moral character. Enacted to ensure that applicants were fit for membership and would not be disruptive or destructive to the community, the character requirement also allowed for the reformation and eventual naturalization of those guilty of past misconduct. This Article shows that recent changes in …

Wayfinding In Boise, Thomas Wuerzer, Cherilyn Blender, Bradley Clark, Breland Draper, Paul Morrow, Andrew Mitzel, Alisha Peña

Urban Studies and Community Development Faculty Publications and Presentations

This document reviews the strengths, weaknesses, opportunities, and threats of wayfinding within the Boise and downtown areas. This project was done in coordination with the City of Boise Parks & Recreation (Boise P&R) Department as an in-class Service Learning component of the Community and Regional Planning course “CRP 503 Plan Making and Implementation” at Boise State University.

The purpose of this project is to develop a quality set of findings and recommendations that adhere to accepted planning processes and sound methodology. The goal from the onset is to develop content that is broad-based, all-inclusive, and will be helpful to Boise …

Freedom Of Contact Without Fear Of Criminal Misconduct: The Constitutionality Of Florida's Drug Abuse Prevention And Control Act , Erika Concetta Pagano

University of Miami Law Review

No abstract provided.

Judicial Review In Louisiana: A Bicentennial Exegesis, Paul R. Baier, Georgia D. Chadwick

Journal of Civil Law Studies

No abstract provided.

Complete V.5 Number 1

Journal of Civil Law Studies

No abstract provided.

Changing And/Or Funding Opeb Promises: A Typology Of Local Government Responses To Gasb 45 And The Realization Of Opeb Liabilities, Juita-Elena Yusuf, Thomas Musumeci

School of Public Service Faculty Publications

GASB Statement No. 45 addresses how governmental units account for employees' other post-employment benefits (OPEB), requiring government employers to replace OPEB reporting on a pay-as-you-go basis with an accounting of the cost of current and future benefits. This requirement and the resulting OPEB liability may prompt government employers to reconsider key questions regarding their OPEB provision. The size of the OPEB liability depends on both the benefit promises made to employees and the assets to fund these promises. We propose a typology that defines four approaches for governments to respond to GASB 45 and their OPEB liabilities. These approaches represent …

Expatriate Guide To Beijing, China, William Z. Crump

UNLV Theses, Dissertations, Professional Papers, and Capstones

The hospitality industry spans the globe, employing millions of jobs worldwide. In recent years, many well-known hotel companies such as, Hilton Worldwide, Marriott, Fairmont, Four Seasons, and The Peninsula, have expanded their portfolios around the world. With this vast expansion hospitality companies look for leaders that want to have unique experiences, and are able to travel the world during their career. The Asian economic market has done extremely well, particularly Mainland China, the People’s Republic of China. In response to this, Americans have packed their bags and headed to China to live and work in the hospitality industry. According to …

An Insight Into The Wrongly Convicted: Going Beyond The Perceptions And Beliefs Of The Causes, Chermaine Cribb

Dissertations, Theses and Capstone Projects (Full IR Collection)

This study examined the number of wrongful convictions that were exonerated from January 1, 2004 to September 1, 2012. Four hundred forty seven exoneration cases were examined to obtain the factors that contributed to wrongful convictions, the most common offenses related to wrongful convictions, the evidence that led to a new trial, and the outcome of the exoneration based on dismissal of charges, acquittal, or pardons. Interviews were conducted to obtain exoneration case representation criteria, challenges faced in handling exonerations, and the factors found that contributed to wrongful conviction cases worked on. This study revealed that the most common offenses …

Organized Crime Outlaws: An Evaluation Of Criminal Organization Legislation In Canada, Carol Fleischhaker

PhD Dissertations

This thesis explains how some organized crime outlaws, such as anti-Prohibitionists, the North American Mafia or La Cosa Nostra, outlaw motorcycle gangs, and Aboriginal street gangs, come to exist and thrive in Canadian society. It sets forth the historical development and nature of criminal organization laws in Canada, and compares the definition of “criminal organization” in the Criminal Code with other criminal law concepts, such as corporate criminals and white-collar criminals; conventional criminality or garden-variety predatory crime; terrorists; and criminal conspirators, parties, and accessories. It uses various concepts and assertions within criminological, sociological and psychological theories to explain the formation …

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

Nevada Law Journal

No abstract provided.

Defining Reasonable: The Implications Of State V. Mbacke On Fourth Amendment Protections, David B. Mckaig

North Carolina Central Law Review

No abstract provided.

Rising To The Challenge, Tennessee Agriculture 2012 Department Report & Statistical Summary, Tennessee. Department Of Agriculture.

Annual Report

No abstract provided.

Broke: The Pocketbook Of Illinois And The Single Subject Rule After Wirtz V. Quinn, 953 N.E.2d 899 (Ill. 2011)., Eric Block

Southern Illinois University Law Journal

State courts have wrestled with the single subject rule for over a century and a half.  A workable legal standard for this rule has been elusive, however.  A recent Illinois case addressing a controversial piece of legislation illustrates just how evasive the application of this rule can be.  In Wirtz v. Quinn, the Illinois Supreme Court upheld a state “stimulus” package, which addressed topics ranging from candy taxes to video gaming in its nearly three hundred pages, because it felt that the bill fell under the subject of “capital projects.”  In addition to introducing a new “smoking gun” requirement, …

“Indians, In A Jurisdictional Sense”: Tribal Citizenship And Other Forms Of Non-Indian Consent To Tribal Criminal Jurisdiction, Paul Spruhan

Faculty Scholarship

Can tribes exert criminal jurisdiction over non- Indians who consent, by whatever means, to adhere to tribal laws? Has federal Indian law, and tribes’ reaction to it, changed the universe of tribal jurisdiction so significantly that non-Indians can truly never be subject to tribal criminal law? This article explores the concept of consent as a still viable theory of tribal criminal jurisdiction. I first examine some historical examples of non-Indian consent through adoption or naturalization under tribal law, and reactions to such consent by federal officials. I then discuss modern examples of tribal law theories of consent, primarily through recent …

Public-Private Cooperation In The Department Of Defense: A Framework For Analysis And Recommendations For Action, Linton Wells Ii, Samuel Bendett

Defense Horizons

In 2010, a National Defense University (NDU) research project called TIDES1 (Transformative Innovation for Development and Emergency Support) was invited to partner with a company to produce a tradeshow about humanitarian assistance and disaster relief missions and related capabilities. Despite senior-level Department of Defense (DOD) guidance to pursue public-private partnerships, DOD attorneys told TIDES managers to reject the agreement. Differing legal interpretations of the word partner generated concern that the proposed partnership could create an impermissible perception of government endorsement of a private company. Even though it would have advanced the government’s mission and promoted efficiency, a variety of obstacles …