Digital Commons Network^™

Joint Reform?: The Interplay Of State, Federal, And Hemispheric Regulation Of Recreational Marijuana And The Failed War On Drugs, Steven W. Bender

Faculty Articles

In 2012, Washington and Colorado voters surprised the nation by authorizing the recreational use of marijuana. The outcome sent state regulators scrambling to implement the directive and supply a product source, while the federal government faced its own dilemma of whether to tolerate or squelch these state initiatives contradicting longstanding federal law. Surely the Mexican drug cartels (and other illicit growers and suppliers from Canada and within the United States) weighed the prospect for wider reform and its consequences for their multi-billion dollar industry. Although few of these uncertainties have been resolved with any clarity at the time of this …

Church-State Cooperation Does Not Violate A Guarantee Of Religious Freedom: A Study Of The 1978 Spanish Constitution And 1979 Concordat With The Catholic Church, Melissa Curvino

Emory International Law Review

For much of Spanish history, to be a Spaniard and to be a Catholic were understood as equivalent. Spain had seven different constitutions in a span of 150 years and the question of religion was one of the main issues in each new constitution. From the early 1800s until the Constitution of 1978 Spain oscillated between two extremes: on one side, complete identification of the Church with the state; and on the other, state discouragement and restriction of the Church. Neither extreme provided for religious freedom. The Constitution of 1978 was different. It struck a workable balance in church-state relations …

A Continuum In Remedies: Reconnecting Vacant Houses To The Market, James J. Kelly Jr.

Journal Articles

For decades, America’s older, undercrowded cities have struggled with neighborhoods beset by vacant houses that seemingly have no connection with a functioning real estate market. A nationwide foreclosure crisis has brought even greater attention to the need for inner-city communities to address vacant house nuisances. This paper argues that recent developments in property theory help us understand and complete reforms of legal remedies that address this continuing national need.

Traditional, in personam code enforcement remedies emanate from a legal understanding of real estate ownership as the strongest of property-rule-protected entitlements. Local government authorities hold owners directly accountable for any failures …

Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions: A Constitutional Crisis Looms., Patrick S. Metze

St. Mary's Law Journal

The consolidation of the Texas Youth Commission (TYC) and the Texas Juvenile Probation Commission (TJPC) into the Texas Juvenile Justice Department (TJJD) in 2011, produced a unified state juvenile justice agency to promote public safety first and to produce positive outcomes for youth, families, and communities second. As Professor Metze’s second paper discussing ways to effect a change in the School-to-Prison Pipeline, he first highlights the progress of TJJD’s use of Positive Behavioral Interventions and Supports (PBIS) in the Texas juvenile correctional context as continued evidence that such techniques, if effective in the correctional setting, will certainly work in the …

A Therapeutic Jurisprudence Analysis Of The Use Of Eminent Domain To Create A Leasehold, Carol L. Zeiner

Utah Law Review

Therapeutic jurisprudence provides an excellent tool to analyze and guide the development of the law on the use of eminent domain to create leaseholds. The objective of these takings is for the condemnor to become a tenant under a “lease,” rather than the fee simple owner. I am perhaps the only scholar who has written extensively on the topic of takings to create a leasehold. In a previous work, I provided an exhaustive analysis of the conclusion that government can use eminent domain to create a leasehold. That work went on to conclude that there are circumstances in which government …

Utah And Juvenile Incompetency, Dannon Lee

Utah Law Review

This Note discusses the recent Utah law and the issues it creates, focusing on where to place minors during the attainment period and what should be done if the minor is not able to achieve competency. This Note examines whether committing the minor during attainment accords with due process as well as the real possibility that detention will be used as a placement during the attainment period. Next, it looks to what other states have done when a minor cannot achieve competency and how Utah handles similar situations with adults. Finally, this Note addresses some possible areas of improvement that …

Undergraduate Bulletin 2013-2014, John Jay College Of Criminal Justice

College Bulletins

Covers academic year 2013-2014

Corporate Responsibility And Climate Justice: A Proposal For A Polluter-Financed Relocation Fund For Federally Recognized Tribes Imperiled By Climate Change, Randall S. Abate

Fordham Environmental Law Review

No abstract provided.

The Keyes To The Nation's Educational Future: The Latina/O Struggle For Educational Equity, Kevin R. Johnson

Denver Law Review

No abstract provided.

Keywords

Richmond Public Interest Law Review

Keywords for the bills

House Bills

Richmond Public Interest Law Review

Listing of House bills from the 2013 General Assembly

Senate Bills

Richmond Public Interest Law Review

Listing of Senate bills from the 2013 General Assembly

Table Of Contents

Richmond Public Interest Law Review

The issue examines two areas of the law: the impact of the Religious Land Use and Institutionalized Persons Act ("RLUIPA") and controversial issues on the outer edges of evidence law.

Quarreling Over Quarles: Limiting The Extension Of The Public Safety Exception, Andrew T. Winkler

Richmond Public Interest Law Review

This article addresses the issue of whether the Quarles public safety exception applies after a suspect invokes his Fifth Amendment right to counsel. Due to the lack of guidance in the Quarles opinion, lower courts have expressed confusion as to whether the public safety exception applies to Edwards. Several courts have extended the exception, including the U.S. Court of Appeals for the Fourth and Ninth Circuits, while some state appellate courts have declined to do so. Part II of this article provides the requisite background for understanding Miranda's Fifth Amendment right to counsel, the Edwards rule, and the Quarles public …

Special Topic Introduction: Minerva At The Departure Gate, Robert N. Strassfeld

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Yield Detection For Non-Destructive Testing Using Ultrasonic Signal Processing, Bharath Murali Thekkedath

LSU Master's Theses

Structural health monitoring (SHM) is a very important field for many engineering disciplines. SHM deals with the monitoring of material structures periodically for assessing the lifetimes of the structures. There are various techniques for SHM. Non-destructive testing (NDT) is one of the most popular SHM tools to monitor structures. It demonstrates the indispensable advantage of providing structural health assessment without the need of intrusion. In this thesis, a new NDT tool for yield detection using ultrasonic signal processing is investigated. In this work, for the study of yield detection, steel specimen samples have been acquired, which were obtained from the …

2012 Annual Town Report Lempster, New Hampshire., Lempster Town Representatives

Lempster, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Long-Range, Passive Wireless Monitoring Using Energy-Efficient, Electrically-Small Sensor Nodes And Harmonic Radar Interrogator, Ibrahim Nassar

USF Tampa Graduate Theses and Dissertations

This dissertation investigates the use of the harmonic radar technique for passive wireless sensing applications. Issues of DC power consumption, high RF activation power, large node size, and short communication range associated with the existing passive wireless sensing technologies are addressed by the development of novel, completely passive, high efficiency, compact 3-D harmonic sensor nodes. The node transceiver employs a passive frequency doubler to return the second harmonic of the interrogation signal, and electrically-small 3-D antennas to achieve the compactness and high efficiency. The developed nodes fit inside a sphere with a diameter < 3 cm and achieve communication range > 60 m using a 43 dBm EIRP …

Northeast Natural Energy, Llc V. City Of Morgantown, Emery L. Lyon

NYLS Law Review

No abstract provided.

Discriminating Speech: The Heterophilia Of The Freedom Of Speech Doctrine, Zvi Triger

Cardozo Journal of Equal Rights & Social Justice

In this Article, I seek to shed light on freedom ofspeech jurisprudence as it is reflected in the Snyder v. Phelps and Skokie cases, as well as in two analogous Israeli cases, namely petitions of members of the extreme right against the pride parades in Jerusalem, as well as petitions by the same petitioners for police permits to hold anti-Arab processions in the Arab town of Umm al-Fahm.

Comparing the cases, I identify the moral relativity built into the interpretation offreedom of expression doctrine in both countries. I introduce the concept of discriminating speech, which is speech that is designed …

Doe V. Harris, United States District Court For The Northern District Of California

Historical and Topical Legal Documents

No abstract provided.

Disinfection Performance Of Peracetic Acid In Florida Wastewater Reuse Applications, Killian Eckert

UNF Graduate Theses and Dissertations

As Florida’s population continues to grow and urbanization increases, traditional freshwater sources are in danger of being exhausted. Wastewater reuse programs offer a way to create a potable offset in order to protect these freshwater sources and the environments in which they are found. Reuse regulations for the disinfection of wastewater are increasingly becoming more stringent. In addition to tough regulations, operating costs have also become a driving force behind a movement to assess new and potentially economical chemicals and processes for disinfection. The objective of this thesis is to assess the disinfection performance of peracetic acid (PAA), an alternative …

Strict Photo Id, Voter Turnout, And Race, Thomas La Voy

Honors Papers

Everett Dirksen, the senator who introduced the Voting Rights Act, once said: "the right of a free citizen to vote is somehow a battle that is never quite fully won in any time or generation." So far, he seems to have been right. In recent years, a push across many states to enact stricter voter identification laws has received widespread attention. This issue and its ramifications are often discussed in the media, but without much empirical evidence. In 2007, Alvarez, Bailey and Katz assembled a working paper titled "The Effect of Voter Identification Laws on Turnout," which was recently referenced …

License To Thrive, Andrea Bland

Public Interest Law Reporter

No abstract provided.

George C. Wright: A Decade Of Dedication, Prairie View A&M University

President Emeritus George C. Wright Speeches

No abstract provided.

The Illusion Of A Second Chance: Expunctions Versus The Law School And State Bar Application Processes, Lydia Johnson

Florida A & M University Law Review

No abstract provided.

Corporate Responsibility And Climate Justice: A Proposal For A Polluter-Financed Relocation Fund For Federally Recognized Tribes Imperiled By Climate Change, Randall S. Abate

Journal Publications

Climate change threatens to displace as many as 200 million people internally and across national borders by the middle of the twenty-first century. Indigenous peoples are among the most vulnerable to these changes. With the loss of their village rapidly approaching, the residents of the Native Village of Kivalina are captives in their homeland bracing for disaster because they do not have the millions of dollars needed to relocate and there is no government fund or process in place to provide them with adequate assistance.

Part I of this article describes the factual context of the Kivalina litigation and how …

Modeling Approaches, Physiological Responses, And Climate Change: How Good Is "Good Enough?", Nicole Kish

Theses and Dissertations

Predicting spatial and temporal patterns in the responses of organisms and ecosystems to climate change has emerged as a major focus of macrophysiological research, with much work centered on the impacts of temperature. A potential difficulty lies in the observation that measures of 'habitat' such as air, land and sea surface temperature often differ greatly from the body temperature actually experienced by organisms, as the latter drives reproduction and survival. As a result, it is unclear how often these simple measurements of habitat are 'good enough' for predicting physiological stress in the field, and when more complicated methods are needed. …

Homeland Security Grant Program: An Analysis Of The Determinants Of Federal Homeland Security Funding To States, Michaela Miles

MPA/MPP/MPFM Capstone Projects

Ever since the devastating attacks of 9/11, America has made terrorism prevention a top priority, and the Department of Homeland Security has transferred billions of dollars to states in Domestic Preparedness and Anti-Terrorism programs. However, there has been much debate on how these funds are allocated, many speculating that some states receive more funding than others as “pork.”

Basing an analysis of funding on a variety of determinants, it can be concluded that this speculation might very well be the case. An analysis of allocation of federal Homeland Security funds to states was conducted, hypothesizing the following variables were determinants …

Kentucky Pharmacist Opinions Of The Potential Reclassification Of Pseudophedrine As A Legend Drug, Kathleen E. Monson

MPA/MPP/MPFM Capstone Projects

Methamphetamine is a drug of abuse, which is often produced in clandestine laboratories. Recent efforts to curb methamphetamine abuse are aimed at controlling access to precursors, including pseudoephedrine (PSE), used in illicit methamphetamine production. Currently, access to PSE is controlled in Kentucky by placement behind pharmacy counters, retail quantity limitations and electronic tracking. Recent legislation proposed in Kentucky to change PSE from non-prescription to a legend medication was unsuccessful and highly controversial. The objective of this project is to collect and analyze pharmacists’ opinions on the effectiveness of current precursor controls, proposed legislation to make PSE a legend drug and …