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2013

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The Second Amendment’S Fixed Meaning And Multiple Purposes, Thiago Luiz Blundi Sturzenegger Dec 2013

The Second Amendment’S Fixed Meaning And Multiple Purposes, Thiago Luiz Blundi Sturzenegger

Southern Illinois University Law Journal

Being faithful to the Constitution’s textual meaning may provide the interpreter with the ability to perceive the adaptability of a constitutional provision to different social and political contexts.  The text of the Constitution refers to principles of law, principles that are indispensable in different ways throughout time.  Textualism as a constitutional interpretation model may offer the path to a more versatile Constitution.

To support this statement, this Article examines the cases in which the Supreme Court interpreted the Second Amendment to the Constitution.  The focal point is the use of history and historic research in constitutional adjudication.  The main argument …


Like A Boss: Presidential Prerogative As A Means For National Security, Joshua E. Darichuk Dec 2013

Like A Boss: Presidential Prerogative As A Means For National Security, Joshua E. Darichuk

Honors Theses

Executive power in America is outlined by the U.S. Constitution, but presidents have made decisions which questionably violate the rights American citizens are guaranteed by the same document. How are we able to maintain sovereignty as “we the people,” if our most powerful elected official is able to overstep the rules during a national security threat? The answer is because the constitution would not exist without a state, therefore the union must always be preserved. Niccolo Machiavelli, John Locke, Alexander Hamilton, and Carl Schmitt share very different views on democracy, but their insistence on national security is universally present. The …


Epilogue: Reflections And Observations On Peru's Past And Present, Ernesto Silva Dec 2013

Epilogue: Reflections And Observations On Peru's Past And Present, Ernesto Silva

Journal of Global Initiatives: Policy, Pedagogy, Perspective

The aim of this essay is to provide a panoramic socio-historical overview of Peru by focusing on two periods: before and after independence from Spain. The approach emphasizes two cultural phenomena: how the indigenous people related to the Conquistadors in forging a new society, as well as how immigration, particularly to Lima, has shaped contemporary Peru. This contribution also aims at providing a bibliographical resource to those who would like to conduct research on Peru.


Characteristics And Contributing Factors Of Emergency Vehicle Crashes, Naji Abdelwanis Dec 2013

Characteristics And Contributing Factors Of Emergency Vehicle Crashes, Naji Abdelwanis

All Dissertations

The purpose of this study is to determine the contributing factors and characteristics associated with emergency vehicle(EV) crashes in order to generate insights about the emergency crashes. This dissertation consists of three approaches to address the purpose. In the first analysis a binary logistic regression model was used to identify the critical factors associated with EV crashes that resulted in fatality compared to those that did not. In the second analysis, an ordered regression model was used to identify critical factors that contributed to the severity of injuries that EV occupants experience in crashes as well as the effect of …


Interning Dissent: The Law Of Large Political Events, Aaron Johnson Dec 2013

Interning Dissent: The Law Of Large Political Events, Aaron Johnson

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


2013 Greater New Haven Community Index, Mark Abraham, Camille Seaberry, Kelly Davila, Andrew Carr Dec 2013

2013 Greater New Haven Community Index, Mark Abraham, Camille Seaberry, Kelly Davila, Andrew Carr

Reports

No abstract provided.


Exploring Police Active Shooter Preparedness In Michigan: A Grounded Study Of Police Preparedness To Active Shooter Incidents, Developing A Normative Model, Daryl Darwin Green Dec 2013

Exploring Police Active Shooter Preparedness In Michigan: A Grounded Study Of Police Preparedness To Active Shooter Incidents, Developing A Normative Model, Daryl Darwin Green

Dissertations

On September 22, 2013, at a memorial for people killed in a September 16, 2013 active shooter incident, President Barack Obama stated that the United States “can’t accept” the killing of 12 people at Washington’s Navy Yard as “inevitable” and that the shooting should “lead to some sort of transformation” (Merica, 2013). Active shooter incidents remain a constant societal concern that are deserving of continued academic research. The following grounded theory study examined the active shooter incident preparedness systems of police agencies in three Michigan counties. The principal investigator observed the strategic and tactical objectives of police agencies relative to …


Pre-Employment Drug Screening: Cost And Benefits, Rena Sultany Dec 2013

Pre-Employment Drug Screening: Cost And Benefits, Rena Sultany

UNLV Theses, Dissertations, Professional Papers, and Capstones

This paper will answer the question of whether pre-employment drug testing of applicants is helpful or harmful to an organization as a whole. The following question will be explored in this paper: What are the benefits and costs associated with pre-employment drug-screening?

The target of this study will be the hospitality industry in Las Vegas. A recommendation to the industry will be made once a thorough literature review of past research on the topic is conducted. Drug testing is a common practice in hospitality companies in Las Vegas. It is costly to these companies to conduct such tests. It is …


Vol. 5 No. 1, Fall 2013; "Correcting" The Foreclosure Crisis?, Matthew Broucek Dec 2013

Vol. 5 No. 1, Fall 2013; "Correcting" The Foreclosure Crisis?, Matthew Broucek

Northern Illinois Law Review Supplement

Mortgage Resolution Partners, a venture capitalist firm based out of San Francisco, has been visiting with state and local governments across the country. Mortgage Resolution Partners proposes that eminent domain can, and should, be used to seize mortgages and refinance them in an attempt to correct the United States' foreclosure crisis. This article identifies and analyzes the policy issues and constitutional concerns that are inherent in the plan. The most critical constitutional concerns with the plan implicate the Takings Clause, the Contracts Clause, and the Dormant Commerce Clause of the United States Constitution.


Diversity May Be Justified, Anita Bernstein Dec 2013

Diversity May Be Justified, Anita Bernstein

Faculty Scholarship

No abstract provided.


Updated Methods For Traffic Impact Analysis, Including Evaluation Of Innovative Intersection Designs: Volume I—Technical Report, Gerald T. Bollinger, Jon D. Fricker Dec 2013

Updated Methods For Traffic Impact Analysis, Including Evaluation Of Innovative Intersection Designs: Volume I—Technical Report, Gerald T. Bollinger, Jon D. Fricker

JTRP Technical Reports

In 1992, an Applicant’s Guide and a Reviewer’s Guide to Traffic Impact Analyses to standardize the methodologies for conducting traffic impact analyses (TIAs) in Indiana were developed for the Indiana Department of Transportation (INDOT). The methodologies were meant to help streamline the process of preparing and reviewing TIAs. The methodology is applicable for other transportation and government entities as well. Because 20 years have passed since the publication of the guides, INDOT wished to evaluate how effective the guides have been, determine what in the guides has worked well, revise parts of the guides that have not worked well, and …


Development And Verification Of Web-Based Bridge Monitoring Interface, Jason B. Lloyd, Robert J. Connor Dec 2013

Development And Verification Of Web-Based Bridge Monitoring Interface, Jason B. Lloyd, Robert J. Connor

JTRP Technical Reports

With the advancement of many off-the-shelf data acquisition systems readily available today and the availability of 3G and 4G high-speed wireless cellular networks, the potential for remote monitoring of critical bridges has never been better. Needs exist regarding scour and general structural response for long-term monitoring. However, short-term monitoring using quickly deployable, rugged systems are also desirable in cases where impact, fire, environmental effects, or other damage may occur. These robust systems can be deployed rapidly, and endure harsh elements, enabling DOTs to constantly assess and monitor a structure, or a network of structures. Hence, the objective of this project …


An Investigation Of The Asit Problem-Solving Method On Middle School Technology Education Student's Ability To Produce Creative Solutions, Jared Aaron Merrill Dec 2013

An Investigation Of The Asit Problem-Solving Method On Middle School Technology Education Student's Ability To Produce Creative Solutions, Jared Aaron Merrill

Theses and Dissertations

This study compared two groups of students being instructed in various methods of problem solving over a two-week period. The control group was instructed using the standard Career and Technology Education (CTE) Introduction curriculum on using brainstorming to solve problems. The treatment group was instructed using a structured problem solving method developed to help focus problem solving on finding a solution that satisfies the conditions. Students were selected from 7th grade students at a suburban middle school in Utah. The independent variable in this study was the type of problem solving instruction received. The dependent variables of interest were the …


A Critical Examination Of Green Economic Development As A Post-Disaster Recovery Approach: The Case Of Greensburg, Kansas 2007-2012, David Edgardo Leiva Dec 2013

A Critical Examination Of Green Economic Development As A Post-Disaster Recovery Approach: The Case Of Greensburg, Kansas 2007-2012, David Edgardo Leiva

Master's Theses

In May 2007, an EF-5 tornado ripped through and annihilated 95% of Greensburg, Kansas, a town of about 1,500 people in the southwestern portion of the state. On the heels of the disastrous Hurricane Katrina federal response and with the promise of two sitting presidents to use all of the federal support available, the town vowed not only to "survive, but thrive." Months later, Greensburg civic, business and elected leaders - with a host of external expertise - unveiled a recovery plan that not only set in motion the rebuilding of the two-square mile town but also offered the opportunity …


An Examination Of Delay Discounting In Sex Offenders With Dual Diagnoses, Chad A. Poncinie Dec 2013

An Examination Of Delay Discounting In Sex Offenders With Dual Diagnoses, Chad A. Poncinie

Theses

AN ABSTRACT OF THE THESIS OF CHAD A. PONCINIE. For the Master of Science degree in Behavior Analysis and Therapy, presented on 21 June 2013. TITLE: AN EXAMINATION OF DELAY DISCOUNTING IN SEX OFFENDERS WITH DUAL DIAGNOSES MAJOR PROFESSOR: Dr. Mark R. Dixon Discounting of delayed rewards by sex offenders with dual diagnoses was compared to discounting of delayed rewards by matched control non-offenders with dual diagnoses. All participants completed a hypothetical choice task in which they made repeated choices between 10 dollars/servings after a delay and an equal or lesser amount available immediately. The delay to the large reward …


Pretext Searches And Seizures: In Search Of Solid Ground, Jeff D. May, Rob Duke, Sean Gueco Dec 2013

Pretext Searches And Seizures: In Search Of Solid Ground, Jeff D. May, Rob Duke, Sean Gueco

Alaska Law Review

Despite numerous attempts to subject the use of pretext law enforcement stops to Alaska Constitutional scrutiny, the issue has never been thoroughly reviewed. Alaska courts currently allow pretext investigative stops so long as a reasonable officer following permissible police practices could have made the stop for the proffered reason. This is a minority position, inconsistent with federal law which deems pretext motivations constitutionally irrelevant. It is also far less protective of individual rights than an outright ban on officer pretext. This reasonable officer standard, however, offers some advantages over banning all types of pretext. This Article explores Alaska's historical treatment …


A Report On The New Orleans Center For Creative Arts, Justin Shiels Dec 2013

A Report On The New Orleans Center For Creative Arts, Justin Shiels

Arts Administration Master's Reports (1984-2016)

In order to maintain relevance, arts organizations must continuously evolve to fulfill the needs of an ever--‐changing consumer landscape. The following paper documents Justin Shiels’ internship with the New Orleans Center of Creative Art (NOCCA), in furtherance of the degree requirements for the Master of Arts in Arts Administration. NOCCA is a regional, pre--‐professional arts training center that offers students intensive arts and academic instruction. Through analysis of current operations, SWOT analysis, and best practices model, this report will explore the core competencies for established arts organizations and the methods of shifting from a good organization to a great organization.


Head Versus Heart: Applying Empirical Evidence About The Connection Between Child Pornography And Child Molestation To Probable Cause Analyses, Emily Weissler Dec 2013

Head Versus Heart: Applying Empirical Evidence About The Connection Between Child Pornography And Child Molestation To Probable Cause Analyses, Emily Weissler

Fordham Law Review

    As the internet has become nearly ubiquitous, child pornography possession has become increasingly widespread. Law enforcement efforts to combat the reach of these images have become increasingly aggressive and sophisticated. Sentences have also dramatically increased. As of 2008, the mean sentence for child pornography possession was ninety–two months, with a mandatory minimum sentence of five years.

    Circuit courts have confronted child pornography search warrant applications based mainly upon a prior child molestation conviction or enticement of a minor. Evaluating similar fact patterns, the Second, Sixth, and Ninth Circuits have held that child molestation or child enticement cannot be used to …


The Impact Of The Great Recession On Nevada’S Latino Community, John P. Tuman, David F. Damore, Maria J.F. Agreda Dec 2013

The Impact Of The Great Recession On Nevada’S Latino Community, John P. Tuman, David F. Damore, Maria J.F. Agreda

Brookings Mountain West Publications

The emergence of the Great Recession of 2008 had a profound impact in Nevada. The economic downturn generated high unemployment levels and led to turbulence in many sectors, particularly residential home construction and the hospitality industry. In the wake of the crisis, median home prices in Nevada plunged, while the residential foreclosure rate increased and remains one of the highest rates in the country. By 2009, it was evident that a tightening of commercial bank lending for new mortgages, combined with the impact of rising joblessness and plunging housing values, was hampering recovery efforts in the housing sector and Nevada’s …


Our Dark Places: Questions About Prison Privatization’S Benefit To Louisiana, Christian Hess Dec 2013

Our Dark Places: Questions About Prison Privatization’S Benefit To Louisiana, Christian Hess

Honors Capstones

No abstract provided.


December 2013 Commencement Program, Bowling Green State University Dec 2013

December 2013 Commencement Program, Bowling Green State University

Commencement Programs

No abstract provided.


Shelter From The Storm: Companion Animal Emergency Planning In Nine States, Jessica J. Austin Dec 2013

Shelter From The Storm: Companion Animal Emergency Planning In Nine States, Jessica J. Austin

The Journal of Sociology & Social Welfare

Failure to evacuate pets in an emergency has negative implications for public health, the economy, emotional well-being of pet owners, and physical health of animals. These effects may be at least partially mitigated by a robust plan to accommodate pets. Nine state companion animal emergency plans were reviewed to determine the extent to which they addressed the needs of companion animals, utilizing characteristics of a model emergency plan. States were compared utilizing variables such as population, pet friendliness, and emergency preparedness funding in order to explain differences in plan composition. This comprehensive review produced a list of recommendations for emergency …


The Legality Of Deliberate Miranda Violations: How Two-Step National Security Interrogations Undermine Miranda And Destabilize Fifth Amendment Protections, Lee Ross Crain Dec 2013

The Legality Of Deliberate Miranda Violations: How Two-Step National Security Interrogations Undermine Miranda And Destabilize Fifth Amendment Protections, Lee Ross Crain

Michigan Law Review

As part of the global “War on Terror,” federal agents intentionally delay issuing Miranda warnings to terrorism suspects during custodial interrogations. They delay the warnings presuming that unwarned suspects will more freely offer vital national security intelligence. After a suspect offers the information he has, agents administer Miranda warnings and attempt to elicit confessions that prosecutors can use at the suspect’s trial. No court has ruled on the constitutionality of this two-step national security interrogation process to determine whether admitting the second, warned confession is allowed under Miranda v. Arizona and its progeny. A fragmented Supreme Court examined two-step interrogations …


Terror In Twilight: Border Patrol Involvement In Local Policing, Fred T. Korematsu Center For Law And Equality, Forks Human Rights Group Dec 2013

Terror In Twilight: Border Patrol Involvement In Local Policing, Fred T. Korematsu Center For Law And Equality, Forks Human Rights Group

Fred T. Korematsu Center for Law and Equality

Terror in Twilight: Border Patrol involvement in local policing


To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day Dec 2013

To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day

Seattle Journal for Social Justice

No abstract provided.


Broadband Access For Students At East Tennessee State University, Thomas Scott Sawyer Dec 2013

Broadband Access For Students At East Tennessee State University, Thomas Scott Sawyer

Electronic Theses and Dissertations

The purpose of this study was to determine the availability of Internet access for students attending East Tennessee State University during the fall semester 2013. It has been unknown to what degree broadband access is available in the East Tennessee State University service area that includes counties in East Tennessee, Southwest Virginia, and Western North Carolina.

The research was conducted during the fall semester 2013 including the months of August, September, and October of 2011. Data were gathered by surveying currently enrolled students of the university. Seven hundred eighty-four students responded to the survey. The survey instrument covered areas of …


What's Law Got To Do With It? Designing Compensation Schemes In The Shadow Of The Tort System, Anthony J. Sebok Dec 2013

What's Law Got To Do With It? Designing Compensation Schemes In The Shadow Of The Tort System, Anthony J. Sebok

DePaul Law Review

No abstract provided.


Money Talks: Searching For Justice Through Compensation For Personal Injury And Death, Deborah R. Hensler Dec 2013

Money Talks: Searching For Justice Through Compensation For Personal Injury And Death, Deborah R. Hensler

DePaul Law Review

No abstract provided.


Tort And Social Welfare Principles In The Victim Compensation Fund, Matthew Diller Dec 2013

Tort And Social Welfare Principles In The Victim Compensation Fund, Matthew Diller

DePaul Law Review

No abstract provided.


The September 11th Victim Compensation Fund: A Circumscribed Response Or An Auspicious Model?, Robert L. Rabin Dec 2013

The September 11th Victim Compensation Fund: A Circumscribed Response Or An Auspicious Model?, Robert L. Rabin

DePaul Law Review

No abstract provided.