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2012

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Razing Lafitte: Defending Public Housing From A Hostile State, Leigh Graham Jan 2012

Razing Lafitte: Defending Public Housing From A Hostile State, Leigh Graham

Publications and Research

The contentious politics of the demolition of Lafitte public housing in post- Katrina New Orleans and its replacement with mixed-income properties is a telling case of the strategic conflicts housing advocates face in public housing revitalization. It reveals how the qualified outcomes of HOPE VI interact with local institutional and historical circumstances to confound the equity and social justice goals of housing and community development advocates. It shows the limits to public housing revitalization as an urban recovery strategy when hostile government leadership characterizes a region, and the state is recast as an adversary rather than revitalization partner. This case …

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The Federal Reserve As Last Resort, Colleen M. Baker Jan 2012

The Federal Reserve As Last Resort, Colleen M. Baker

Journal Articles

The Federal Reserve, the central bank of the United States, is one of the most important and powerful institutions in the world. Surprisingly, legal scholarship hardly pays any attention to the Federal Reserve or to the law structuring and governing its legal authority. This is especially curious given the amount of legal scholarship focused on administrative agencies that do not have anywhere near as critical a domestic and international role as that of the Federal Reserve. At the core of what the Federal Reserve does and should do is to conduct monetary policy so as to safeguard pricing, including that …

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Critical Bifocality And Circuits Of Privilege: Expanding Critical Ethnographic Theory And Design, Lois Weis, Michelle Fine Jan 2012

Critical Bifocality And Circuits Of Privilege: Expanding Critical Ethnographic Theory And Design, Lois Weis, Michelle Fine

Publications and Research

Almost 10 years ago, in Working Method (2004), we argued for a critical theory of method for educational studies, which would analyze lives in the context of history, structure, and institutions, across the power lines of privilege and marginalization.

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The Man On The Flying Trapeze, Barry Cushman Jan 2012

The Man On The Flying Trapeze, Barry Cushman

Journal Articles

Any history of the controversy over President Franklin D. Roosevelt's Court-packing plan sets out to answer three principal questions. The first is how best to tell what I will call the political story: how to understand the political trajectory of the Plan from its initial conceptualization to its ultimate failure. The second is how best to tell what I will call the legal story: how to understand the constitutional landscape that confronted New Deal reformers, how they negotiated it, and how and in what respects the Supreme Court transformed that body of constitutional law during the Great Depression. The third …

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Do We Have A Debt Collection Crisis? Some Cautionary Tales Of Debt Collection In Indiana, Judith Fox Jan 2012

Do We Have A Debt Collection Crisis? Some Cautionary Tales Of Debt Collection In Indiana, Judith Fox

Journal Articles

The Federal Trade Commission, in 2009, raised issues about debt collection practices and called on jurisdictions to investigate local practices that may be abusive to consumers. This article is the beginning of a larger study of debt collection practices in Indiana. It examines debt collection cases filed in Indiana courts in a three month period of 2009 and 2011 While most research on this issues has been in small claims court systems, this article suggests that the same, if not greater, consumer abuses exist in other courts. The research shows a pattern of large, national debt collection firms moving away …

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Cyber Security Without Cyber War, Mary Ellen O'Connell Jan 2012

Cyber Security Without Cyber War, Mary Ellen O'Connell

Journal Articles

Which government agency should have primary responsibility for the Internet? The USA seems to have decided this question in favour of the military—the US military today has the largest concentration of expertise and legal authority with respect to cyberspace. Those in the legal community who support this development are divided as to the appropriate legal rules to guide the military in its oversight of the Internet. Specialists on the international law on the use of force argue that with analogy and interpretation, current international law can be applied in a way that allows great freedom without sending the message that …

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Sindh Health Sector Strategy 2012 – 2020, Shehla Zaidi Jan 2012

Sindh Health Sector Strategy 2012 – 2020, Shehla Zaidi

Community Health Sciences

No abstract provided.

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Overcoming Overcriminalization, Stephen F. Smith Jan 2012

Overcoming Overcriminalization, Stephen F. Smith

Journal Articles

The literature treats overcriminalization (and, at the federal level, the federalization of crime) as a quantitative problem. Legislatures, on this view, have simply enacted too many crimes, and those crimes are far too broad in scope. This Article uses federal criminal law as a basis for challenging this way of conceptualizing the overcriminalization problem. The real problem with overcriminalization is qualitative, not quantitative: federal crimes are poorly defined, and courts all too often expansively construe poorly defined crimes. Courts thus are not passive victims in the vicious cycle of overcriminalization. Rather, by repeatedly interpreting criminal statutes broadly, courts have taken …

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Explaining Abuse Of The Disabled Child, Margaret F. Brinig Jan 2012

Explaining Abuse Of The Disabled Child, Margaret F. Brinig

Journal Articles

This article discusses abuse of disabled children in terms of two competing theories for why it may occur. The evolutionary biology theory has been discussed in the legal literature as well as in biological and social science pieces. The author contrasts this theory with a novel one, mimetic desire, which may be less familiar in legal circles, but which, he believes, better explains the abuse of Attention Deficit Hyperactive Disorder children and offers more hope for preventing abuse without disrupting intact families. While the evolutionary biology explanations for child abuse may be helpful and important, more territory can be covered …

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Judging Parents, Judging Place: Poverty, Rurality, And Termination Of Parental Rights, Janet L. Wallace, Lisa R. Pruitt Jan 2012

Judging Parents, Judging Place: Poverty, Rurality, And Termination Of Parental Rights, Janet L. Wallace, Lisa R. Pruitt

Missouri Law Review

Parents are judged constantly, by fellow parents and by wider society. But the consequences of judging parents may extend beyond community reputation and social status. One of the harshest potential consequences is the state's termination of parental rights. In such legal contexts, the state assesses parents' merits as parents in relation to a wide array of their characteristics, decisions and actions, including where the parents live. Among those parents judged harshly in relation to geography are impoverished parents who live in rural places. We argue that such judgments are unjust because poor rural parents often do not have ready access …

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Defending The Historic Preservation Tax Credit, Lauren K. Shores Jan 2012

Defending The Historic Preservation Tax Credit, Lauren K. Shores

Missouri Law Review

Part II of this Comment discusses Missouri's historic preservation tax credit, and supplementing the discussion is some background on the federal rehabilitation tax credit. Part III explains how an historic preservation tax credit statute can be structured and outlines the advantages and disadvantages of these structural aspects. In addition, it discusses how historic preservation tax credits can be used as a redevelopment tool and the economic impact that these credits have had in Missouri. Part III of this Comment will review the recommendations made by the Tax Credit Commission appointed by Missouri Governor Jay Nixon. Finally, in Part IV, this …

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Trapped: Missouri Legislature Seeks To Close Workers' Compensation Loophole With Some Co-Employees Still Inside, Alexander Cornwell Jan 2012

Trapped: Missouri Legislature Seeks To Close Workers' Compensation Loophole With Some Co-Employees Still Inside, Alexander Cornwell

Missouri Law Review

This Note is a primer for Missouri practitioners to better understand the practical effect Robinson has had on co-employee liability in Missouri. Part II provides the unassuming factual background giving rise to Robinson's substantial departure from previous case law. To understand the context in which the court decided Robinson, Part III outlines Missouri's historical approach to co-employee liability and the recent statutory amendments mandating strict construction of the workers' compensation act that prompted the court's holding. In response, Part IV considers whether that extensive departure was warranted. After illustrating that the holding is not congruent with legislative intent and historical …

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Not So Special After All: How Mayo Granted The Treasury Unfettered Rule-Making Discretion, Daniel W. Graves Jan 2012

Not So Special After All: How Mayo Granted The Treasury Unfettered Rule-Making Discretion, Daniel W. Graves

Missouri Law Review

On January 11, 2011, the Supreme Court decided Mayo Foundation for Medical Education and Research v. United States, in which it definitively settled on the more deferential Chevron standard for analyzing Treasury Department regulations, finding no justification in treating them differently from regulations of other agencies. In doing so, the Court has given the Treasury Department virtually free rein in crafting new regulations and amending those regulations already in existence. Because taxpayer lawsuits were one of the few ways in which Treasury regulations could be overturned, by instructing the lower to give such regulations the heightened degree of deference that …

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Implementer Perspectives: The Implementation Of A School-Based Mentoring Program, Amanda Angela Fixsen Jan 2012

Implementer Perspectives: The Implementation Of A School-Based Mentoring Program, Amanda Angela Fixsen

Dissertations and Theses

This research describes organizational level implementation strategies utilized in piloting enhancements to the school-based mentoring program from Big Brothers Big Sisters of America. Semi-structured interviews (n=15) with lead agency implementers along with conference call meeting notes were analyzed using qualitative content analysis. Findings yield a description of the challenges to implementation and strategies to overcome these challenges, formal implementation strategies engaged in, and the extent to which these align with an implementation framework put forth by Klein, Conn, and Sorra (2001) with supplement from Fixsen, Naoom, Blase, Friedman, and Wallace (2005). Findings from this study indicate that financial resources, management …

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Development And Implementation Of Acoustic Feedback Control For Scanning Probe Microscopy, Rodolfo Fernandez Rodriguez Jan 2012

Development And Implementation Of Acoustic Feedback Control For Scanning Probe Microscopy, Rodolfo Fernandez Rodriguez

Dissertations and Theses

A remote-sensing acoustic method for implementing position control feedback in Scanning Probe Microscopy (SPM) is presented. The capabilities of this feedback control using the new Whispering Gallery Acoustic Sensing (WGAS) method is demonstrated in a Shear-force Scanning Probe Microscope that uses a sharp probe attached to a piezoelectric Quartz Tuning Fork (QTF) firmly mounted on the microscope's frame. As the QTF is electrically driven its mechanical response reaches the SPM frame which then acts as a resonant cavity producing acoustic modes measured with an acoustic sensor strategically placed on the SPM head. The novelty of the WGAS resides in using …

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Exploring Support Network Structure, Content, And Stability As Youth Transition From Foster Care, Jennifer E. Blakeslee Jan 2012

Exploring Support Network Structure, Content, And Stability As Youth Transition From Foster Care, Jennifer E. Blakeslee

Dissertations and Theses

Many older youth in foster care lack adequate resources and ongoing support in their social networks as they transition into young adulthood, while other youth in these circumstances experience stable social networks providing comprehensive support. Systematically measuring the supportive personal and service-oriented relationships in youth networks expands the scope of inquiry in this area by identifying patterns of social network structure, member composition, and relational qualities that are associated with more or less support provision through formal and informal relationships. These can also be measured over time to observe changes in network form and content and assess network stability. This …

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Scale Invariant Object Recognition Using Cortical Computational Models And A Robotic Platform, Danny Voils Jan 2012

Scale Invariant Object Recognition Using Cortical Computational Models And A Robotic Platform, Danny Voils

Dissertations and Theses

This paper proposes an end-to-end, scale invariant, visual object recognition system, composed of computational components that mimic the cortex in the brain. The system uses a two stage process. The first stage is a filter that extracts scale invariant features from the visual field. The second stage uses inference based spacio-temporal analysis of these features to identify objects in the visual field. The proposed model combines Numenta's Hierarchical Temporal Memory (HTM), with HMAX developed by MIT's Brain and Cognitive Science Department. While these two biologically inspired paradigms are based on what is known about the visual cortex, HTM and HMAX …

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Risk Factors For Homelessness Among Community Mental Health Patients With Severe Mental Illness, Rupert Talmage Van Wormer Jan 2012

Risk Factors For Homelessness Among Community Mental Health Patients With Severe Mental Illness, Rupert Talmage Van Wormer

Dissertations and Theses

The purpose of this study was to identify risk factors associated with homelessness, assess the relationship between housing status and consumption of costly publicly funded resources, to identify characteristics associated with service retention, and to evaluate whether length of treatment is associated with better outcomes. The target population was homeless and formerly homeless adults with SMI enrolled in community mental health services at the Downtown Emergency Service Center SAGE mental health program located in Seattle. The sample consisted of 380 SAGE patients who had continuous enrollment in 2005. These patients formed the cohort for the study. Agency records for these …

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Catholic Schools And Broken Windows, Nicole Stelle Garnett Jan 2012

Catholic Schools And Broken Windows, Nicole Stelle Garnett

Journal Articles

Our previous work has suggested that the closure of Catholic elementary schools generates disorder and suppresses social cohesion in urban neighborhoods-findings that support the conclusion that Catholic elementary schools create neighborhood social capital. We extend our inquiry here by asking if Catholic school closures might also affect crime rates. Using factors independent from neighborhood indicators, specifically school and parish leadership characteristics, we created an exogenous factor that predicted which Catholic schools might close in urban Chicago, and used that factor, with sociodemographic variables, to predict police-beat-level crime rates. We find that Catholic school closures slow the rate of decline of …

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Catholic Schools, Charter Schools, And Urban Neighborhoods, Nicole Stelle Garnett Jan 2012

Catholic Schools, Charter Schools, And Urban Neighborhoods, Nicole Stelle Garnett

Journal Articles

This Article addresses previously unstudied implications of two dramatic shifts in the American educational landscape. The first shift is the rapid disappearance of urban Catholic schools. More than 1,600 Catholic elementary and secondary schools, most of them located in urban neighborhoods, have closed during the last two decades. The Archdiocese of Chicago alone (the subject of our study) has closed 148 schools since 1984. Since the economic and demographic realities underlying urban Catholic school closures persist, this trend likely will continue and even accelerate in coming years. The second shift is the rise of charter schools. In 2010 more than …

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Practical Legal And Ethical Considerations For The Provision Of Acute Disaster Mental Health Services, Mike Jenuwine, John A. Call, Betty Pfefferbaum, Brian W. Flynn Jan 2012

Practical Legal And Ethical Considerations For The Provision Of Acute Disaster Mental Health Services, Mike Jenuwine, John A. Call, Betty Pfefferbaum, Brian W. Flynn

Journal Articles

Mental health professionals who provide emergency psychosocial assistance in the immediate aftermath of disasters do so in the midst of crisis and chaos. Common roles undertaken by disaster mental health professionals include treating existing conditions of disaster survivors and providing psychosocial support to front line responders and those acutely affected. Other roles include participating in multidisciplinary health care teams as well as monitoring and supporting team members’ mental health. When, in the immediate aftermath of a disaster, mental health professionals provide such assistance, they may take on legal and ethical responsibilities that they are not fully aware of or do …

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The Value Of Modeling And Simulation Standards, Andrew J. Collins, David Meyr, Solomon Sherfey, Andreas Tolk, Mikel Petty Jan 2012

The Value Of Modeling And Simulation Standards, Andrew J. Collins, David Meyr, Solomon Sherfey, Andreas Tolk, Mikel Petty

VMASC Publications

In the current economic climate, there is a requirement to justify all government spending by demonstrating the added-value that the expenditure gives. Modeling and Simulation (M&S) community is not exempted from this rule. This paper focuses on attempts to value standards and demonstrates that even though a myriad of different standards exist in the United States today, no one has "cracked the nut" on determining their value. This does not mean that standards are without value. The paper highlights their importance to our society and human development as a whole. Thus if we cannot give a value to M&S standards, …

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On Critical Infrastructure Interdependency, Polinpapilinho F. Katina, C. Ariel Pinto Jan 2012

On Critical Infrastructure Interdependency, Polinpapilinho F. Katina, C. Ariel Pinto

Engineering Management & Systems Engineering Faculty Publications

Developing effective protection, mitigation, and recovery measures for critical infrastructure (CI) systems is paramount in the wake of increasing natural and manmade hazards, risks, and threats. Influencing protection, rescue, and recovery measures are interplays (i.e., interdependencies) among infrastructure systems. Understanding interdependencies plays an essential role in minimizing and reducing cascading failures among complex interdependent infrastructure systems. This paper asserts that deployment of protection, mitigation, and recovery solutions can have little effect on infrastructure management if infrastructure operators and policymakers have partial understanding of infrastructure interdependencies. Using narrative research, authors illustrate that effective coordination and response for protection, mitigation, and recovery …

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Constructing The Threat And The Role Of The Expert Witness: A Response To Aziz Rana's Who Decides On Security?, Wadie E. Said Jan 2012

Constructing The Threat And The Role Of The Expert Witness: A Response To Aziz Rana's Who Decides On Security?, Wadie E. Said

Publications

Aziz Rana's article presents clearly the overlooked but crucial question of "Who Decides on Security?" Namely, is determining who or what groups constitute a threat something that we are capable of making ourselves, or must we necessarily cede that authority to those in power-who supposedly have both the access to knowledge and the ability to understand it-to protect us from threats we cannot perceive? Using Rana's historical analysis as a framework, this Article builds on his thesis to show how the wide latitude granted to the conclusions of the Executive Branch's national security specialists in political matters has migrated into …

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The Message And Means Of The Modern Terrorism Prosecution, Wadie E. Said Jan 2012

The Message And Means Of The Modern Terrorism Prosecution, Wadie E. Said

Publications

This Article, written in conjunction with Transnational Law and Contemporary Problems' 2011 Symposium on Ten Years After 9/11: Rethinking Counterterrorism, stemmed from a panel that examined "how the United States and other Western countries receive Islamic culture in their societies and how they export their Western cultures to the Islamic world, in each case to assess the degree to which their cross-cultural behaviors mitigate or worsen anti-Western terrorism from the Middle East and Central/South Asia and to recommend solutions if needed."' This contribution focuses on the criminal terrorism prosecution in the United States, and takes up the panel's theme by …

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Google, Gadgets, And Guilt: Juror Misconduct In The Digital Age, Thaddeus Hoffmeister Jan 2012

Google, Gadgets, And Guilt: Juror Misconduct In The Digital Age, Thaddeus Hoffmeister

University of Colorado Law Review

This Article begins by examining the traditional reasons for juror research. The Article then discusses how the Digital Age has created new rationales for juror research while simultaneously affording jurors greater opportunities to conduct such research. Next, the Article examines how technology has also altered juror-to-juror communications and juror-to-non-juror communications. Part I concludes by analyzing the reasons jurors violate court rules about discussing the case. In Part II, the Article explores possible steps to limit the negative impact of the Digital Age on juror research and communications. While no single solution or panacea exists for these problems, this Article focuses …

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Waltzing Through A Loophole: How Parens Patriae Suits Allow Circumvention Of The Class Action Fairness Act, Jacob Durling Jan 2012

Waltzing Through A Loophole: How Parens Patriae Suits Allow Circumvention Of The Class Action Fairness Act, Jacob Durling

University of Colorado Law Review

This Note explores the applicability of the Class Action Fairness Act's (CAFA) mass action removal provision to parens patriae suits. CAFA amended the federal rules governing aggregate litigation, replacing the complete diversity requirement with a minimal diversity requirement. CAFA's applicability to parens patriae suits, a type of representative lawsuit brought by a state alleging injuries to its citizens, was first addressed in Louisiana ex rel. Caldwell v. Allstate Insurance Co. In Caldwell, the Fifth Circuit held that a parens patriae suit was mislabeled because the real parties in interest-the parties whose interests constitute the basis of the parens patriae standing-represented …

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Table Of Contents (Vol.83, Issue 3) Jan 2012

Table Of Contents (Vol.83, Issue 3)

University of Colorado Law Review

No abstract provided.

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Alive But Irrelevant: The Prior Appropriation Doctrine In Today's Western Water Law, Reed D. Benson Jan 2012

Alive But Irrelevant: The Prior Appropriation Doctrine In Today's Western Water Law, Reed D. Benson

University of Colorado Law Review

The Prior Appropriation Doctrine has long been the foundation of laws governing water allocation and use in the American West, but it has been under pressure from forces both external and internal to the western states. Twenty years ago, Prior Appropriation was pronounced dead in a provocative essay by Charles Wilkinson. Other scholars argued that it was still alive, but it now appears to have lost its force as the controlling doctrine of western water law. This Article analyzes three recent cases upholding state laws that undermine a fundamental Prior Appropriation principle, then considers the water policy implications of the …

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Administering Justice: Removing Statutory Barriers To Reentry, Joy Radice Jan 2012

Administering Justice: Removing Statutory Barriers To Reentry, Joy Radice

University of Colorado Law Review

No abstract provided.

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