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2013

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Do The Mentally Ill Have A Right To Bear Arms, Fredrick E. Vars, Amanda Adcock Young Jan 2013

Do The Mentally Ill Have A Right To Bear Arms, Fredrick E. Vars, Amanda Adcock Young

Articles

No abstract provided.


Symptom-Based Gun Control Symposium Article, Fredrick E. Vars Jan 2013

Symptom-Based Gun Control Symposium Article, Fredrick E. Vars

Articles

No abstract provided.


Border Wars & The New Texas Navy: International Treaties, Waterways, And State Sovereignty After Arizona V. United States., Bill Piatt, Rachel Ambler Jan 2013

Border Wars & The New Texas Navy: International Treaties, Waterways, And State Sovereignty After Arizona V. United States., Bill Piatt, Rachel Ambler

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


The Failure Of Prosecutorial Discretion And The Deportation Of Oscar Martinez., Bill Ong Hing Jan 2013

The Failure Of Prosecutorial Discretion And The Deportation Of Oscar Martinez., Bill Ong Hing

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Certainty In A World Of Uncertainty: Proposing Statutory Guidance In Sentencing Juveniles To Life Without Parole., Sonia Mardarewich Jan 2013

Certainty In A World Of Uncertainty: Proposing Statutory Guidance In Sentencing Juveniles To Life Without Parole., Sonia Mardarewich

The Scholar: St. Mary's Law Review on Race and Social Justice

In Miller v. Alabama, the United States Supreme Court held that mandatory life sentences without parole imposed upon juveniles was unconstitutional. The Court reasoned that the sentence was cruel and unusual punishment in violation of the Eighth Amendment. The Court, however, did not hold it was unconstitutional to sentence a juvenile to life without parole if there was “transferred intent” or “reckless disregard.” Nonetheless, the Court effectively abolished state discretion and required sentencing courts to consider an offender’s youth and attendant characteristics as mitigating circumstances. The Court, however, did not specify what sentencing guidelines should dictate. Thus, states are now …


State And Local Governmental Developments - 2013; Audit Risk Alerts, American Institute Of Certified Public Accountants (Aicpa) Jan 2013

State And Local Governmental Developments - 2013; Audit Risk Alerts, American Institute Of Certified Public Accountants (Aicpa)

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.


Religion: Individual Expression Or Intertwined With Culture? Free Exercise Jurisprudence In The United States And Great Britain , Johanna R. Collins-Wood Jan 2013

Religion: Individual Expression Or Intertwined With Culture? Free Exercise Jurisprudence In The United States And Great Britain , Johanna R. Collins-Wood

Duke Journal of Comparative & International Law

No abstract provided.


Speaking Freely On Public Issues: Criminal Suspects As Involuntary Limited-Purpose Public Figures, Daniel Thomas Pesciotta Jan 2013

Speaking Freely On Public Issues: Criminal Suspects As Involuntary Limited-Purpose Public Figures, Daniel Thomas Pesciotta

University of Florida Journal of Law & Public Policy

No abstract provided.


Unenforced Contracts And The Illusion Of Bargaining: The Broken State Of Florida Public Employees' Constitutional Rights, Suzanne Tzuanos Jan 2013

Unenforced Contracts And The Illusion Of Bargaining: The Broken State Of Florida Public Employees' Constitutional Rights, Suzanne Tzuanos

University of Florida Journal of Law & Public Policy

No abstract provided.


Voluntary Recalls, Anita Bernstein Jan 2013

Voluntary Recalls, Anita Bernstein

Faculty Scholarship

No abstract provided.


In The Civic Republic: Crime, The Inner City, And The Democracy Of Arms - A Disquisition On The Revival Of The Militia At Large, Raymond T. Diamond, Robert J. Cottrol Jan 2013

In The Civic Republic: Crime, The Inner City, And The Democracy Of Arms - A Disquisition On The Revival Of The Militia At Large, Raymond T. Diamond, Robert J. Cottrol

Journal Articles

No abstract provided.


Two More Problems And Too Little Money: Can Congress Truly Reform Forensic Science?, Eric Maloney Jan 2013

Two More Problems And Too Little Money: Can Congress Truly Reform Forensic Science?, Eric Maloney

Minnesota Journal of Law, Science & Technology

No abstract provided.


A Survey On Smart Grid Communication Infrastructures: Motivations, Requirements And Challenges, Ye Yan, Yi Qian, Hamid Sharif, David Tipper Jan 2013

A Survey On Smart Grid Communication Infrastructures: Motivations, Requirements And Challenges, Ye Yan, Yi Qian, Hamid Sharif, David Tipper

Department of Electrical and Computer Engineering: Faculty Publications

A communication infrastructure is an essential part to the success of the emerging smart grid. A scalable and pervasive communication infrastructure is crucial in both construction and operation of a smart grid. In this paper, we present the background and motivation of communication infrastructures in smart grid systems. We also summarize major requirements that smart grid communications must meet. From the experience of several industrial trials on smart grid with communication infrastructures, we expect that the traditional carbon fuel based power plants can cooperate with emerging distributed renewable energy such as wind, solar, etc, to reduce the carbon fuel consumption …


Judicial Review For Enemy Fighters: The Court’S Fateful Turn In Ex Parte Quirin, The Nazi Saboteur Case, Andrew Kent Jan 2013

Judicial Review For Enemy Fighters: The Court’S Fateful Turn In Ex Parte Quirin, The Nazi Saboteur Case, Andrew Kent

Faculty Scholarship

The emerging conventional wisdom in the legal academy is that individual rights under the U.S. Constitution should be extended to noncitizens outside the United States. This claim - called globalism in my article - has been advanced with increasing vigor in recent years, most notably in response to legal positions taken by the Bush administration during the war on terror. Against a Global Constitution challenges the textual and historical grounds advanced to support the globalist conventional wisdom and demonstrates that they have remarkably little support. At the same time, the article adduces textual and historical evidence that noncitizens were among …


Evil Black Guns: Hate, Instrumentality, And The Neutrality Of Firearms, Christopher B. Strain Jan 2013

Evil Black Guns: Hate, Instrumentality, And The Neutrality Of Firearms, Christopher B. Strain

Journal of Hate Studies

In the wake of mass shootings in Aurora, Colorado, where 12 moviegoers were killed and 70 injured; Newtown, Connecticut, where 20 children and 6 adult staff members were killed at Sandy Hook Elementary School; and elsewhere, concerned citizens may question whether guns are neutral actors in the rage killings and rampage murders that have become increasingly familiar in U.S. society. Rather than revisit the well-worn aphorism “guns don’t kill people: people do,” this article considers a provocative counter thesis—that firearms may serve not only as mechanisms of violence in shooting rampages but also as catalysts. Can guns themselves cause violence, …


Reclaiming Justice And Eliminating Inequality Through Compassionate Migration: The Relentless Struggle Of Migrants Living In The Shadows, William F. Arrocha Jan 2013

Reclaiming Justice And Eliminating Inequality Through Compassionate Migration: The Relentless Struggle Of Migrants Living In The Shadows, William F. Arrocha

Journal of Hate Studies

This article elaborates on the emerging concept of “compassionate migration” as a counter-hegemonic response to the institutions and systems that criminalize unauthorized immigration, including the assistance provided by those who aid such migrants out of a sense of compassion. In the name of human dignity, it is imperative that those who live in the shadows of United States immigration law and its enforcement system sense that social justice is a tangible possibility, and that they indeed may be able to free themselves from the structures that criminalize them and render them vulnerable to various forms of discrimination and other human …


Terry Jones And Global Free Speech In The Internet Age, G. Aaron Leibowitz Jan 2013

Terry Jones And Global Free Speech In The Internet Age, G. Aaron Leibowitz

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Failed Or Fragile States In International Power Politics, Nussrathullah W. Said Jan 2013

Failed Or Fragile States In International Power Politics, Nussrathullah W. Said

Dissertations and Theses

No abstract provided.


The Mobile Health Revolution?, Nathan Cortez Jan 2013

The Mobile Health Revolution?, Nathan Cortez

Faculty Journal Articles and Book Chapters

Rarely does a class of technologies excite physicians, patients, financeers, gadgeteers, and policymakers alike. But mobile health — the use of mobile devices like smartphones and tablets for health or medical purposes — has captured our collective imagination. Observers predict that mobile health, also referred to as “mHealth” or “medical apps,” can save millions of lives, billions in spending, and democratize access to health care. Proponents argue that mobile health technologies will transform the ways in which we deliver, consume, measure, and pay for care; disrupting our sclerotic health care system.

This Article evaluates mobile health and its many ambitions. …


Commentary Managing Risk From Bears And Other Potentially Lethal Wildlife: Predictability, Accountability, And Liability, Stephen Stringham Jan 2013

Commentary Managing Risk From Bears And Other Potentially Lethal Wildlife: Predictability, Accountability, And Liability, Stephen Stringham

Human–Wildlife Interactions

No abstract provided.


Keys To Managing A Successful Archery Deer Hunt In An Urban Community: A Case Study, Chad M. Stewart, Bruce Keller, Chad R. Williamson Jan 2013

Keys To Managing A Successful Archery Deer Hunt In An Urban Community: A Case Study, Chad M. Stewart, Bruce Keller, Chad R. Williamson

Human–Wildlife Interactions

White-tailed deer (Odocoileus virginianus) populations can expand greatly in suburban areas where hunting is limited or prohibited. Incorporating a hunting program for management purposes is often unfeasible due to property parcelization and varying opinions on deer management within each community. We present the case of Hidden Valley Lake, Indiana (707 ha), whose deer population was effectively reduced by archery hunting within a dense human population. Prior to implementing a managed archery program, deer density estimates exceeded 60 deer/km2. After the first year of the managed archery hunt, where 230 deer (~36 deer/km2) were removed, …


Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey S. Corn, Chris Jenks Jan 2013

Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey S. Corn, Chris Jenks

Faculty Journal Articles and Book Chapters

When should a suspected terrorist receive Miranda warnings, and should confessions obtained without obtaining a waiver of the Miranda right to silence and assistance of counsel be admissible at trial? The answer to this question turns on the scope of what is known as the Public Safety Exception (PSE) to the Miranda warning and waiver requirement. Established by the Supreme Court in 1984 in New York v. Quarles, the exception allows the use of confessions obtained from suspects questioned after being placed in custody (the situation that triggers the Miranda warning and waiver requirement) when the questions respond to an …


Paradigms For Cybersecurity Education In A Homeland Security Program, Gary C. Kessler, James Ramsay Jan 2013

Paradigms For Cybersecurity Education In A Homeland Security Program, Gary C. Kessler, James Ramsay

Applied Aviation Sciences - Daytona Beach

Cybersecurity threats to the nation are growing in intensity, frequency, and severity and are a very real threat to the security of the country. Academia has responded to a wide variety of homeland security (HS) threats to the nation by creating formal curricula in the field, although these programs almost exclusively focus on physical threats (e.g., terrorist attacks, and natural and man-made disasters), law and policy and transportation . Although cybersecurity programs are commonly available in U.S. colleges and universities, they are invariably offered as a technical course of study nested within engineering (or other STEM) programs. We observe that …


Police Blotter, Unlv Department Of Police Services Jan 2013

Police Blotter, Unlv Department Of Police Services

Police Blotter

No abstract provided.


Dual Failures: The Role Of Race In Eighth Amendment Violations In Prisons, Jason Reed Jan 2013

Dual Failures: The Role Of Race In Eighth Amendment Violations In Prisons, Jason Reed

Minnesota Journal of Law & Inequality

No abstract provided.


Showdown In Chinatown: Criminalizing The Purchase Of Counterfeit Goods, Lauren Schmale Estacio Jan 2013

Showdown In Chinatown: Criminalizing The Purchase Of Counterfeit Goods, Lauren Schmale Estacio

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Nevada Children’S Policy Update Bill And Bill Draft Requests - 2013 Nv Legislative Session, The Nevada Institute For Children’S Research And Policy, Children’S Advocacy Alliance Jan 2013

Nevada Children’S Policy Update Bill And Bill Draft Requests - 2013 Nv Legislative Session, The Nevada Institute For Children’S Research And Policy, Children’S Advocacy Alliance

Nevada Institute for Children's Research and Policy Reports

Bill and Bill Draft Requests for 2013 NV Legislative Session for Nevada Children’s Policy Update.


Defunding State Prisons, W. David Ball Jan 2013

Defunding State Prisons, W. David Ball

Faculty Publications

Local agencies drive criminal justice policy, but states pick up the tab for policy choices that result in state imprisonment. This distorts local policies and may actually contribute to increased state prison populations, since prison is effectively “free” to the local decisionmakers who send inmates there. This Article looks directly at the source of the “correctional free lunch” problem and proposes to end state funding for prisons. States would, instead, reallocate money spent on prisons to localities to use as they see fit — on enforcement, treatment, or even per-capita prison usage. This would allow localities to retain their decision-making …


Crisis Communication- What Is Your Emergency?, Kaelyn Johnson Jan 2013

Crisis Communication- What Is Your Emergency?, Kaelyn Johnson

Communication & Leadership Dissertations and Theses

This study is a rhetorical analysis of 911 active shooter calls. Working from frame theory it examines the types of communication that occur during crisis situations. This study reviews the actual audio tapes of the Columbine Colorado School shooting, the Trolley Square Salt Lake City UT shooting and the Arizona shooting of Congresswoman Gabby Gifford. This study provides a method for investigating the communication between caller to 911 and the telecommunicators that answer 911calls. It provides a baseline of the communication activities that are occurring and this method of communication is rapidly changing with pending text-mediated communication scheduled to take …


Criminalizing Normal Adolescent Behavior In Communities Of Color: The Role Of Prosecutors In Juvenile Justice Reform, Kristin N. Henning Jan 2013

Criminalizing Normal Adolescent Behavior In Communities Of Color: The Role Of Prosecutors In Juvenile Justice Reform, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

There is little dispute that racial disparities pervade the contemporary American juvenile justice system. The persistent overrepresentation of youth of color in the system suggests that scientifically supported notions of diminished culpability of youth are not applied consistently across races. Drawing from recent studies on implicit bias and the impact of race on perceptions of adolescent culpability, Professor Henning contends that contemporary narratives portraying black and Hispanic youth as dangerous and irredeemable lead prosecutors to disproportionately reject youth as a mitigating factor for their behavior. Although racial disparities begin at arrest and persist through every stage of the juvenile justice …