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2013

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More Restrictive Than Necessary: A Police Review Of Secure Housing Units, Zafir Shaiq Jan 2013

More Restrictive Than Necessary: A Police Review Of Secure Housing Units, Zafir Shaiq

UC Law Journal of Race and Economic Justice

When almost seven thousand Pelican Bay inmates refused food for weeks on end, California took notice of the unacceptable living conditions in its Secure Housing Units (or SHUs). SHU residents live for months and years with almost no human contact, and succumb to serious mental illness as a result. Despite the attention that the hunger strikes brought to the issue, however, meaningful improvement to California's SHUs does not appear to be on the horizon.

This note begins with the history of isolation in American prisons and its use as a means of long-term punishment and control. It then depicts the …


Is The Nfl Playing Dirty With Super Bowl Clean Zones?: Will The Noerr-Pennington Doctrine Be Successfully Applied By The Nfl In Williams V. City Of Arlington And Future Cases Involving The Super Bowl Clean Zone Ordinance, Andrew Sachs Jan 2013

Is The Nfl Playing Dirty With Super Bowl Clean Zones?: Will The Noerr-Pennington Doctrine Be Successfully Applied By The Nfl In Williams V. City Of Arlington And Future Cases Involving The Super Bowl Clean Zone Ordinance, Andrew Sachs

Student Works

No abstract provided.


Keweenaw National Historical Park: Heritage Partnerships In An Industrial Landscape, Scott F. See Jan 2013

Keweenaw National Historical Park: Heritage Partnerships In An Industrial Landscape, Scott F. See

Dissertations, Master's Theses and Master's Reports - Open

This dissertation examines the genesis and development of Keweenaw National Historical Park in Michigan's Upper Peninsula. After the decline of a once-thriving copper mining industry, local residents pursued the creation of a national park as a way to encourage economic development, revitalize their community, and preserve their historic resources. Although they were ultimately successful in creating a national park, the park that was established was not the park that they envisioned. Over the next twenty years, the National Park Service, the park's federal Advisory Commission, and the communities on the Keweenaw Peninsula struggled to align unrealistic expectations with the actual …


Siue Airs 100th Episode Of “Segue” Radio Show, Aldemaro Romero Jr. Jan 2013

Siue Airs 100th Episode Of “Segue” Radio Show, Aldemaro Romero Jr.

Publications and Research

No abstract provided.


Students Of Black Theater Break Stereotypes, Aldemaro Romero Jr. Jan 2013

Students Of Black Theater Break Stereotypes, Aldemaro Romero Jr.

Publications and Research

No abstract provided.


Weissinger Studies Impact Of Black Churches, Aldemaro Romero Jr. Jan 2013

Weissinger Studies Impact Of Black Churches, Aldemaro Romero Jr.

Publications and Research

No abstract provided.


Panel Sees Esl As Topic Of Hope, Despair, Aldemaro Romero Jr. Jan 2013

Panel Sees Esl As Topic Of Hope, Despair, Aldemaro Romero Jr.

Publications and Research

No abstract provided.


The Constitutionality Of Restricting The Use Of Social Media: Flash Mob Protests Warrant First Amendment Protections, Michael J. Fitzpatrick Jan 2013

The Constitutionality Of Restricting The Use Of Social Media: Flash Mob Protests Warrant First Amendment Protections, Michael J. Fitzpatrick

Seton Hall Law Review

No abstract provided.


The Future Of Off-Label Marketing Regulations In The Post-Sorrell Era, Jared Iraggi Jan 2013

The Future Of Off-Label Marketing Regulations In The Post-Sorrell Era, Jared Iraggi

Seton Hall Law Review

No abstract provided.


Black Male Incarceration And The Preservation Of Debilitating Habits Of Judgment: An Examination Of Mississippi, Teah Monique Hairston Jan 2013

Black Male Incarceration And The Preservation Of Debilitating Habits Of Judgment: An Examination Of Mississippi, Teah Monique Hairston

Electronic Theses and Dissertations

Abstract: the purpose of this research is to discover how mass incarceration and other historical methods of racialized social control in the south have preserved and reinforced habits of judgment that adversely affect the social mobility of black males in Mississippi. A historical research method was employed to locate and analyze recurring themes of habitual judgment patterns justifying age-old systems of social control and how those patterns have influenced the current trend of black male incarceration at disproportionate rates. Questionnaires were administered to professional employees from the Mississippi Department of Corrections (MDOC) in attempt to gather useful data about the …


Ensuring Miranda’S Right To Counsel Abroad, David Henek '12 Jan 2013

Ensuring Miranda’S Right To Counsel Abroad, David Henek '12

NYLS Law Review

No abstract provided.


Can Government Work?, Edward Skyler Jan 2013

Can Government Work?, Edward Skyler

NYLS Law Review

No abstract provided.


Twenty-Five Years Of The Council-Mayor Governance Of New York City: A History Of The Council’S Powers, The Separation Of Powers, And Issues For Future Resolution, Elizabeth Fine, James Caras Jan 2013

Twenty-Five Years Of The Council-Mayor Governance Of New York City: A History Of The Council’S Powers, The Separation Of Powers, And Issues For Future Resolution, Elizabeth Fine, James Caras

NYLS Law Review

No abstract provided.


A Survey Of Typical Claims And Key Defenses Asserted In Recent Hydraulic Fracturing Litigation, Michael Goldman Jan 2013

A Survey Of Typical Claims And Key Defenses Asserted In Recent Hydraulic Fracturing Litigation, Michael Goldman

Texas A&M Law Review

Small energy companies using hydraulic fracturing, along with horizontal drilling, are unlocking vast oil and natural gas deposits trapped in shale all over the United States. Over the past few years, several key technical, economic, and energy policy developments have spurred increased use of hydraulic fracturing for oil and gas extraction over a wider diversity of geographic regions and geologic formations.2 However, with the expansion of hydraulic fracturing, there have been increasing concerns voiced by the public about potential impacts on drinking water resources, public health, and the environment.


The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad Jan 2013

The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad

Texas A&M Law Review

Soaring energy demands and increasing technological innovation have led to the rapid exploitation of offshore oil and gas exploration and development. This Article seeks to examine elements of risk preparedness and corporate social responsibility in the context of the underwater natural gas pipeline in the Eastern Caribbean and the exploration of Florida’s potential offshore energy reserves. I discuss these two case studies to illustrate the prevalence of emerging regional energy corridors in previously unfathomable tropical and subtropical locales known for tourism-intensive commercial activity. While images of environmental degradation of the 2010 BP oil spill remain entrenched in the collective consciousness, …


The Costs Of The Pay-To-Play Model In High School Athletics, Micah Bucy Jan 2013

The Costs Of The Pay-To-Play Model In High School Athletics, Micah Bucy

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Developing Hybrid Near-Space Technologies For Affordable Access To Suborbital Space, Brian David Badders Jan 2013

Developing Hybrid Near-Space Technologies For Affordable Access To Suborbital Space, Brian David Badders

Theses and Dissertations

High power rockets and high altitude balloons are two near-space technologies that could be combined in order to provide access to the mesosphere and, eventually, suborbital space. This "rockoon" technology has been used by several large budget space programs before being abandoned in favor of even more expensive, albeit more accurate, ground launch systems. With the increased development of nano-satellites and atmospheric sensors, combined with rising interest in global atmospheric data, there is an increase in desire for affordable access to extreme altitudes that does not necessarily require the precision of ground launches.

Development of hybrid near-space technologies for access …


Calendar Year 2013 Report To The Rio Grande Compact Commission, Dick Wolfe, Scott A. Verhines, Patrick R. Gordon, Hal Simpson Jan 2013

Calendar Year 2013 Report To The Rio Grande Compact Commission, Dick Wolfe, Scott A. Verhines, Patrick R. Gordon, Hal Simpson

Law of the Rio Chama

No abstract provided.


Unrelated Business Income's Impact On Direct Public Support In The Nonprofit Sector, Kelsey Lewis Jan 2013

Unrelated Business Income's Impact On Direct Public Support In The Nonprofit Sector, Kelsey Lewis

MPA/MPP/MPFM Capstone Projects

Nonprofits today are losing their traditional funding sources for a variety of reasons and are turning to nontraditional ways of finding resources to make sure their organization is able to sustain itself while still meeting its mission. One common non-traditional approach is engaging in unrelated business income activities. Since these activities are not related to a nonprofit’s mission they are subject to taxation. Some question whether these activities help a nonprofit organization meet its mission.

A nonprofit seen not fulfilling its mission can be detrimental to that organization especially where its donors are concerned. If a donor does not support …


Reverse-Rhetorical Entrapment: Naming And Shaming As A Two-Way Street, Suzanne Katzenstein Jan 2013

Reverse-Rhetorical Entrapment: Naming And Shaming As A Two-Way Street, Suzanne Katzenstein

Vanderbilt Journal of Transnational Law

"Naming and shaming," the process of exposing, publicizing, and condemning human rights abuses, is one of the most important and common strategies used by human rights advocates. In an international political system where power is typically defined in terms of military strength and market size, advocacy groups draw on a mixture of moral and legal means to pressure governments to improve their human rights behavior. In general, the mere act of naming and shaming can promote human rights norms by reinforcing the shared understanding that some types of government conduct are beyond the pale.'

Naming and shaming may also work …


The First Amendment, Equal Protection, And Felon Disenfranchisement: A New Viewpoint, Janai S. Nelson Jan 2013

The First Amendment, Equal Protection, And Felon Disenfranchisement: A New Viewpoint, Janai S. Nelson

Faculty Publications

This Article engages the equality principles of the First Amendment and the Equal Protection Clause to reconsider the constitutionality of one of the last and most entrenched barriers to universal suffrage—felon disenfranchisement. A deeply racialized problem, felon disenfranchisement is additionally and independently a legislative judgment as to which citizen's ideas are worthy of inclusion in the electorate. Relying on a series of cases involving state interests in protecting the ballot and promoting its intelligent use, this Article demonstrates that felon disenfranchisement is open to attack under the Supreme Court's fundamental rights jurisprudence when it is motivated by a desire to …


Breaking The Mexican Cartels: A Key Homeland Security Challenge For The Next Four Years, Carrie F. Cordero Jan 2013

Breaking The Mexican Cartels: A Key Homeland Security Challenge For The Next Four Years, Carrie F. Cordero

Georgetown Law Faculty Publications and Other Works

Although accurate statistics are hard to come by, it is quite possible that 60,000 people have died in the last six-plus years as a result of armed conflict between the Mexican cartels and the Mexican government, amongst cartels fighting each other, and as a result of cartels targeting citizens. And this figure does not even include the nearly 40,000 Americans who die each year from using illegal drugs, much of which is trafficked through the U.S.-Mexican border. The death toll is only part of the story. The rest includes the terrorist tactics used by cartels to intimidate the Mexican people …


They’Re Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin Jan 2013

They’Re Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin

Articles & Chapters

Individuals classified as sexual predators are the pariahs of the community. Sex offenders are arguably the most despised members of our society and therefore warrant our harshest condemnation. Twenty individual states and the federal government have enacted laws confining individuals who have been adjudicated as “sexually violent predators” to civil commitment facilities post incarceration and/or conviction. Additionally, in many jurisdictions, offenders who are returned to the community are restricted and monitored under community notification, registration and residency limitations. Targeting, punishing and ostracizing these individuals has become an obsession in society, clearly evidenced in the constant push to enact even more …


The Promise And Peril Of Cities And Immigration Policy, Rick Su Jan 2013

The Promise And Peril Of Cities And Immigration Policy, Rick Su

Journal Articles

No abstract provided.


Animal Mobilegalities: The Regulation Of Animal Movement In The American City, Irus Braverman Jan 2013

Animal Mobilegalities: The Regulation Of Animal Movement In The American City, Irus Braverman

Journal Articles

The initial focus of “animobility” scholarship has been on the dynamic physical geographies of animals. This article extends the meaning of animobility to explore the ways in which animals are affected — and, in fact, constituted — by law, as well as the ways in which they affect and constitute law, which I call “mobilegalities.” Specifically, I ask how animobility in contemporary American cities translates into the animals’ legal mobility, and how laws can adapt to animobility and the ensuing mobilegality by setting “traps” that then immobilize the animals. This article demonstrates, finally, that law is not a static narrative …


The Poverty Defense, Michele Estrin Gilman Jan 2013

The Poverty Defense, Michele Estrin Gilman

University of Richmond Law Review

No abstract provided.


Office Of Criminal Justice Programs Annual Report 2011-2012, Tennessee. Department Finance & Administration. Jan 2013

Office Of Criminal Justice Programs Annual Report 2011-2012, Tennessee. Department Finance & Administration.

Office of Criminal Justice Programs

No abstract provided.


The State Of The Region: Hampton Roads 2013, James V. Koch, Vinod Agarwal, Kelly Brown, Chris Colburn, Vicky Curtis, Steve Daniel, Elizabeth Janik, Lian Feng, Sharon Lomax, Molinaro Janet, Ken Plum, Ayush Toolsidass, Gary Wagner, Shara Weber, Gilbert Yochum Jan 2013

The State Of The Region: Hampton Roads 2013, James V. Koch, Vinod Agarwal, Kelly Brown, Chris Colburn, Vicky Curtis, Steve Daniel, Elizabeth Janik, Lian Feng, Sharon Lomax, Molinaro Janet, Ken Plum, Ayush Toolsidass, Gary Wagner, Shara Weber, Gilbert Yochum

Economics Faculty Books

This is Old Dominion University's 14th annual State of the Region report. While it represents the work of many people connected in various ways to the university, the report does not constitute an official viewpoint of Old Dominion or it's president, John R. Broderick. The report maintains the goal of stimulating thought and discussion that ultimately will make Hampton Roads an even better place to live. We are proud of our region's many successes, but realize that it is possible to improve our performance. In order to do so, we must have accurate information about "where we are" and a …


Chevron Meets Youngstown: National Security And The Administrative State, Joseph Landau Jan 2013

Chevron Meets Youngstown: National Security And The Administrative State, Joseph Landau

Faculty Scholarship

The past several years have witnessed a burst of scholarship at the intersection of national security and administrative law. Many supporters of this approach endorse a heightened, “super-strong” brand of Chevron deference to presidential decisionmaking during times of emergency. Believing that the Executive’s comparative advantage in expertise, access to information, and accountability warrant minimal judicial scrutiny, these Chevron-backers advance an Executive-centric view of national security powers. Other scholars, by contrast, dispute Chevron’s relevance to national security. These Chevron-detractors argue for an interventionist judiciary in national security matters. Both camps criticize the Supreme Court’s scaling of deference to the Executive after …


The Age Of (Guilt Or) Innocence: Using Adr To Reform New York's Juvenile Justice System In The Wake Of Miller V. Alabama, Morgan Molinoff Jan 2013

The Age Of (Guilt Or) Innocence: Using Adr To Reform New York's Juvenile Justice System In The Wake Of Miller V. Alabama, Morgan Molinoff

Cardozo Journal of Conflict Resolution

"Youth matters." The concept is deceptively simple. Of course youth matters. One must be a certain age to drive, to vote, to drink, to be elected president. However, the issue becomes much more complex in the context of criminal responsibility and punishment. Should children be held less accountable for their crimes because of their age? Do juveniles have a greater capacity for rehabilitation than adults? By explaining that youth matters in Graham v. Florida and holding that juveniles cannot be sentenced to life in prison without parole for non-homicide crimes, Justice Kennedy of the United States Supreme Court answered these …