Digital Commons Network^™

Enforcement, Rehabilitation And Public Protection: Developments, Issues And Tensions Impacting On The Work Of The Probation Service, Sam Walker

The Plymouth Law and Criminal Justice Review

No abstract provided.

Editorial, Tom Smith

The Plymouth Law and Criminal Justice Review

No abstract provided.

The Extent To Which Laws And Regulations On Environmental Liability Protect The Environment And Compensate The Victims, Jessica Maidment

The Plymouth Law and Criminal Justice Review

This article provides an examination and analysis of the laws and regulations on environmental liability, in light of the growing global concern of oil pollution of the marine environment. It considers several fundamental legal provisions that have attempted to protect the environment and compensate the victims of oil pollution and assesses the extent to which these provisions have achieved these aims. A recent high profile incident has reinstated the issue as a worldwide public concern and provides context for this article.

Electronic Payment Systems, Samahir Abdulah

The Plymouth Law and Criminal Justice Review

Electronic commerce online is expanding at an exponential rate. Much of this relates to the type of consumer transactions which would otherwise have been fulfilled in the market using one of electronic funds transfer at the point of sale devices (EFT-POS), such as cheque cards, debit cards, credit cards or debit cards. The legal consequences of the use of the cards are based on the contract between the card issuer and the card holder. Without exception, these contracts will be standard form, on the issuer's provisions. The Consumer Credit Act 1974 (CCA) is considered the main source of statutory regulation …

In What Ways Has Criminology Sought To Understand The Rave Movement As Organised Deviance?, Steven Brown

The Plymouth Law and Criminal Justice Review

No abstract provided.

Extinction And Recovery Dynamics Of Triassic-Jurassic Macro-Invertebrate Communities, Luis Felipe Opazo Mella

School of Geography, Earth and Environmental Sciences Theses

This work is focused on characterising and evaluating the intensity and selectivity of the marine fauna during the Tr/J mass extinction and recovery of the ecosystem in different localities throughout Pangaea. To address this, four localities were studied: St. Audrie’s Bay, Larne and Pinhay Bay in the UK, and Portezuelo Providencia in Chile. From each locality, samples were taken at approximately 1m intervals throughout the Tr/J sections. Species abundance per sample was estimated and each species was classified according to autoecological information derived from the literature. In order to assess changes in the structure and composition of the assemblages, NMDS …

The Impact Of Future Sea-Level Rise On The London-Penzance Railway Line, David Dawson

School of Geography, Earth and Environmental Sciences Theses

The coastal section of the London to Penzance railway line (Dawlish-Teignmouth) lies very close to sea level and has been susceptible to frequent closure during high seas and storm events. As the main railway connection for the southwest of England to the rest of Great Britain, it is a vital transport link for the Devon and Cornwall economy. Current understanding of future sea-level rise in the region is compromised by a lack of reliable geological data on which to establish accurate future sea-level projections. Furthermore, the impacts – in engineering and economic terms – of potential sea-level change on the …

Foundations In Wisconsin: A Directory [31st Ed. 2012], Mary C. Frenn, Anne M. Carpenter, Nathan Lunsford, Sarah Martin, Jakob K. Rinderknecht, Claire Seigworth, Joseph Torchedlo

Foundations in Wisconsin: A Directory

The 2012 release of Foundations in Wisconsin marks the 31st edition of the print directory and the twelfth year of the online version. The directory is designed as a research tool for grantseekers interested in locating information on private, corporate, and community foundations registered in Wisconsin. Each entry in this new edition has been updated or reviewed to provide the most current information available. Most of the data was drawn from IRS 990-PF tax returns filed by the foundations. Additional information was obtained from surveys, foundation Web sites, annual reports, and newsletters.

Fortunately, Wisconsin foundations are rebounding from the recent …

Carbon Management And Scenario Planning At The Landscape Scale With Gis, Shabnam Delfan Azari

School of Geography, Earth and Environmental Sciences Theses

Carbon Management and Scenario Planning at the Landscape Scale with GIS By: Shabnam Delfan Azari It is now widely believed that globally averaged temperatures will rise significantly over the next 100 years as a result of increasing atmospheric concentrations of greenhouse gases (GHG) such as carbon dioxide. Responses to the threat of future climate change are both adaptations to new climate conditions, and mitigation of the magnitude of change. Mitigation can be achieved both through reducing emissions of greenhouse gases and by increasing storage of carbon in the earth system. In particular it is thought that there is potential for …

The Governance Of Security In The Revanchist City- The Case Of Cape Town, South Africa, Till Frederik Paasche

School of Geography, Earth and Environmental Sciences Theses

The governance of security in the revanchist city- The case of Cape Town, South Africa Much has been written on the revanchist city (for example Smith, 1996; MacLeod, 2002; Belina and Helms, 2003) and the reclaiming of space from so-called ‘undesirables‘ through the means of the police. Here, the guiding ideas are policing strategies such as the ‘broken windows syndrome‘ (Kelling and Wilson, 1982) and ‘zero tolerance policing‘ (Giuliani and Bratton, 1994; Beckett and Herbert, 2008; Herbert and Beckett, 2010). However, the role of private security companies in the reclaiming of public space remains under-researched. Using a case study in …

Entering Student Affairs: A Comparative Study Of Graduate School Choice, Norma Mertz, Ellen Eckman, Terrell Strayhorn

College of Education Faculty Research and Publications

This article describes the college choice process of graduate students in College Student Personnel programs at a public university and a private religiously affiliated university. Despite differences in size, mission, and location of the two institutions studied, the research findings show that respondent populations were similar demographically and in the factors important to their choice of college, their reasons for choosing the field of student affairs, and the processes they used to select a graduate school.

Mechanisms Of Decadal Sea Level Variability In The Eastern North Atlantic And The Mediterranean Sea, F. M. Calafat, D. P. Chambers, M. N. Tsimplis

Marine Science Faculty Publications

[1] Decadal sea level variations from tide gauge records along the western European coast and in the Mediterranean Sea commencing in the late 19th and early 20th centuries are examined relative to large-scale atmospheric forcing. Recent studies have provided evidence for a link between sea level in the eastern North Atlantic and atmospheric forcing, however the nature of this relationship is still unclear. Here the outputs of a regional barotropic model and a nearly global baroclinic model are used in conjunction with wind stress and heat flux data to explore the physical mechanisms responsible for the observed sea level variability. …

Instrumen Stimulus Fiskal: Pilihan Kebijakan Dan Pengaruhnya Terhadap Perekonomian, Wisynu Wardhana, Djoni Hartono

Jurnal Ekonomi dan Pembangunan Indonesia

This study aims to identify the impact of the fiscal stimulus instrument choices on the economy, and to formulate policy options appropriate with the fiscal stimulus in boosting the economy, especially on economic growth, employment, and household income. The analysis tools is Applied General Equilibrium Model for Fiscal Policy Analysis (AGEFIS) using the Social Accounting Matrix database (SAM) of Indonesia in 2005. The simulation results show that (i) fiscal stimulus provide a boost to economic growth, employment, and household income, but on the other hand have a potential to cause an increase in price, (ii) government spending and cutting taxes …

Antisemitism In The Academic Voice: Confronting Bigotry Under The First Amendment, Kenneth Lasson

All Faculty Scholarship

The romanticized vision of life in the Ivory Tower - a peaceful haven where learned professors ponder higher thoughts and where students roam orderly quadrangles in quest of truth and other pleasures - has long been relegated to yesteryear. While universities like to nurture the perception that they are protectors of reasoned discourse, and indeed often perceive themselves as sacrosanct places of culture in a chaotic world, the modern campus, of course, is not quite so wonderful.

This chapter examines the relationship between antisemitic and anti-Zionist speech and conduct, how they both play out on contemporary university campuses - and …

What Useful Role (If Any) Could Legal Positivism Play In The Study Or Advancement Of International Law?, Mortimer N.S. Sellers

All Faculty Scholarship

What useful role (if any) could legal positivism play in the study or advancement of international law? For most of those who remember this once fashionable term at all, "international legal positivism" is redolent of the early years of the twentieth century-of Lassa Oppenheim' at best, and at worst of his model, John Austin, who famously denied that international law is or ever could be genuine law at all, "properly so called." 2 "Positive" law in its central and most usual sense is law "set by a sovereign individual or a sovereign body ... to a person or persons in …

Sex On The Bench: Do Women Judges Matter To The Legitimacy Of International Courts?, Nienke Grossman

All Faculty Scholarship

This article seeks to advance our understanding of international courts' legitimacy and its relationship to who sits on the bench. It asks whether we should care that few women sit on international court benches. After providing statistics on women's participation on eleven of the world's most important courts and tribunals, the article argues that under-representation of one sex affects normative legitimacy because it endangers impartiality and introduces bias when men and women approach judging differently. Even if men and women do not think differently, a sex un-representative bench harms sociological legitimacy for constituencies who believe they do nonetheless. For groups …

Don't Forget Dad: Addressing Women's Poverty By Rethinking Forced And Outdated Child Support Policies, Daniel L. Hatcher

All Faculty Scholarship

In the dialogues regarding reducing poverty among women, especially mothers, the inextricably linked issues surrounding low-income men must be simultaneously considered. In social policy addressing women’s poverty, poor fathers have too often been considered primarily as an enemy to be pursued rather than a fellow victim of poverty’s wrath, and potential partner towards the cure. We want someone to blame, and many assume that poor single mothers are best served by always being encouraged — and even forced — to pursue the noncustodial fathers for financial support through adversarial means. Mothers applying for public assistance are forced to sue the …

Beyond Saints And Sinners: Discretion And The Need For New Narratives In The U.S. Immigration System, Elizabeth Keyes

All Faculty Scholarship

Beyond Saints and Sinners examines the forces affecting the exercise of discretion in American immigration courts, and argues that in this present age of immigration anxiety, the same facts that place an individual in deportation proceedings may constitute the reasons a judge will, relying on discretion, deny them relief for which they are otherwise eligible. The article explores the polarized narratives told about "good" and "bad" immigrants, the exceptionally difficult task of adjudicating in overburdened immigration courts, and the ways in which these polarized narratives interact with psychological short-cuts, or heuristics, that affect judicial exercises of discretion. After engaging in …

How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller

All Faculty Scholarship

Title IX is widely credited with shaping new norms for the world of sports by requiring educational institutions to provide equal athletic opportunities to women. The statute and regulations send a message that women are entitled to participate in sports on terms equal to men. For several decades, this message of equality produced dramatic results in participation rates, as the number of women interested in athletics grew substantially. Despite these gains, however, many women and girls, especially those of color and lower socio-economic status, still do not participate in sports, or remain interested in participating, in numbers comparable to their …

Thinking Like A Lawyer Abroad: Putting Justice Into Legal Reasoning, James Maxeiner

All Faculty Scholarship

Americans are taking new interest in legal reasoning. Thinking Like a Lawyer: A New Introduction to Legal Reasoning by Professor Frederick Schauer suggests why. According to Schauer, American legal methods often require decision-makers “to do something other than the right thing.” There has got to be a better way.

Now comes a book that offers Americans opportunities to look into a world where legal methods help decision-makers do the right thing. According to Reinhard Zippelius in his newly published Introduction to German Legal Methods, German legal methods help decision makers resolve legal problems “in a just and equitable manner.”

This …

Big Brother Or Little Brother? Surrendering Seizure Privacy For The Benefits Of Communication Technology, José F. Anderson

All Faculty Scholarship

Over two centuries have passed since Benjamin Franklin quipped that we should defend privacy over security if people wanted either privacy or security. Although his axiom did not become a rule of law in its original form, its principles found voice in the Fourth and Fifth Amendments of the Constitution's Bill of Rights. To a lesser extent, provisions against the quartering of troops in private homes found in the Third Amendment also support the idea that what a government can require you to do, or who you must have behind the doors of your home, is an area of grave …

Acoustic Sensing Of Gas Seeps In The Deep Ocean With Split-Beam Echosounders, Thomas C. Weber, Kevin W. Jerram, Larry A. Mayer

Center for Coastal and Ocean Mapping

When in the form of free gas in the water column, methane seeps emanating from the seabed are strong acoustic targets that are often detectable from surface vessels using echo sounders.In addition to detecting that a seep is present at some location, it is also desirable to characterize the nature of the seep in terms of its morphology and flux rates. Here, we examine how much we can learn about seeps in the deep (> 1000 m) northern Gulf of Mexico using narrow-band split-beam echo sounders operating at fixed frequencies (18 kHz and 38 kHz).Methane seeps in this region are …

Confine Is Fine: Have The Non-Dangerous Mentally Ill Lost Their Right To Liberty? An Empirical Study To Unravel The Psychiatrist’S Crystal Ball, Donald H. Stone

All Faculty Scholarship

This Article will examine the reverse trend in civil commitment laws in the wake of recent tragedies and discuss the effect of broader civil commitment standards on the care and treatment of the mentally ill. The 2007 Virginia Tech shooting, the 2011 shooting of Congresswoman Giffords, and the 2012 Aurora movie theatre shooting have spurred fierce debates about the dangerousness of mentally ill and serve as cautionary tale about what happens when warning signs go unnoticed and opportunities for early intervention missed. This piece will explore the misconception about the role medication and inpatient civil commitments should play in prevention …

Could This Train Make It Through: The Law And Strategy Of The Gold Train Case, Charles Tiefer, Jonathan W. Cuneo, Annie Reiner

All Faculty Scholarship

In 1944-45, the Nazis seized personal belongings of the Hungarian Jewish population and dispatched some of the most valuable of them on a train. The United States Army took control of this "Gold Train" and gave reassurances that it would keep the valuables safe. However, the items were plundered by individual soldiers, including officers, and diverted to various uses. After decades of dormancy, a Presidential Commission exposed the facts, but the government still did not right the wrong — until there was litigation.

The "Gold Train" case (Rosner v. United States) represents a measure of justice for the victimized community …

Shelf‐Basin Exchange Times Of Arctic Surface Waters Estimated From 228Th/228Ra Disequilibrium, M. Rutgers Van Der Loeff, P. Cai, I. Stimac, D. Bauch, C. Hanfland, T. Roeske, S. Bradley Moran

Graduate School of Oceanography Faculty Publications

The transpolar drift is strongly enriched in ²²⁸Ra accumulated on the wide Arctic shelves with subsequent rapid offshore transport. We present new data of Polarstern expeditions to the central Arctic and to the Kara and Laptev seas. Because ²²⁶Ra activities in Pacific waters are 30% higher than in Atlantic waters, we correct ²²⁶Ra for the Pacific admixture when normalizing ²²⁸Ra with ²²⁶Ra. The use of ²²⁸Ra decay as age marker critically depends on the constancy in space and time of the source activity, a condition that has not yet adequately been tested. While ^{228 …}

Chlorophyll Aalgorithms For Oligotrophic Oceans: A Novel Approach Based On Three-Band Reflectance Difference, Chuanmin Hu, Zhongping Lee, Bryan Franz

Marine Science Faculty Publications

[1] A new empirical algorithm is proposed to estimate surface chlorophyll a (Chl) concentrations in the global ocean for Chl ≤ 0.25 mg m⁻³(∼78% of the global ocean area). The algorithm is based on a color index (CI), defined as the difference between remote-sensing reflectance (R_rs, sr⁻¹) in the green and a reference formed linearly between R_rsin the blue and red. For low-Chl waters, in situ data showed a tighter (and therefore better) relationship between CI and Chl than between traditional band ratios and Chl, which was further validated using global …

Introduction: Benefits Of Private Enforcement: Empirical Background, Robert H. Lande

All Faculty Scholarship

This short piece takes a first step toward providing the empirical bases for an assessment of the benefits of private enforcement. It presents evidence showing that private enforcement of the antitrust laws is serving its intended purposes and is in the public interest. Private enforcement helps compensate victimized consumers, and it also helps deter anticompetitive conduct. This piece demonstrates this by briefly summarizing a more detailed analysis of forty of the largest recent successful private antitrust cases.

To analyze these cases' compensation effects this presents, inter alia, the amount of money each action recovered, what proportion of the money was …

Montana Nonresident Visitation Trends: 2000-2010, Kara Grau

Institute for Tourism and Recreation Research Publications

This report displays the total number of individual nonresidents visiting Montana from 2000-2010. It also shows the total number of groups visiting Montana during the same time period.

Montana Nonresident Traveler Expenditures And Economic Contribution: 2010, Kara Grau

Institute for Tourism and Recreation Research Publications

This report shows the economic contributions, expenditures, and average daily spending of nonresident visitors to Montana during 2010.

Montana Tourism Businesses: 2011 Review And 2012 Outlook, Norma P. Nickerson, Jake Jorgenson

Institute for Tourism and Recreation Research Publications

Outlook for 2012 and Review of 2011.