Digital Commons Network^™

Georgia Southern University Fact Book, Georgia Southern University

Georgia Southern Fact Books (1976-2022)

No abstract provided.

Natural Disaster-Risk Assessment Hinesville Georgia, Assana Magagi-Alio

Georgia Municipal Association Practicum (2013-2022)

No abstract provided.

Faculty Handbook, Georgia Southern University

Faculty Handbooks

Faculty Handbook for Georgia Southern University for the 2013-2014 academic year. The Faculty Handbook is published online by the Office of the Vice President for Academic Affairs and archived in Digital Commons@Georgia Southern.

Text, History, And Tradition: What The Seventh Amendment Can Teach Us About The Second, Darrell A. H. Miller

Faculty Scholarship

In District of Columbia v. Heller and McDonald v. City of Chicago, the Supreme Court made seemingly irreconcilable demands on lower courts: evaluate Second Amendment claims through history, avoid balancing, and retain as much regulation as possible. To date, lower courts have been unable to devise a test that satisfies all three of these conditions. Worse, the emerging default candidate, intermediate scrutiny, is a test that many jurists and scholars consider exceedingly manipulable.

This Article argues that courts could look to the Supreme Court’s Seventh Amendment jurisprudence, and in particular the Seventh Amendment’s “historical test,” to help them devise a …

The Broken Safety Net: A Study Of Earned Income Tax Credit Recipients And A Proposal For Repair, Sara Sternberg Greene

Faculty Scholarship

The Earned Income Tax Credit (EITC) is the largest federal antipoverty program in the United States and garners almost universal bipartisan support from politicians, legal scholars, and other commentators. However, assessments of the EITC missed an imperative perspective: that of EITC recipients themselves. Past work relies on largely unconfirmed assumptions about the behaviors and needs of low-income families. This Article provides a novel assessment of the EITC based on original data obtained directly from 194 EITC recipients through in-depth qualitative interviews. The findings are troubling: They show that while the EITC has important advantages over welfare, which it has largely …

The Construction Of Local Road Safety Issues: When Lay And Professional Discourses Collide, Stephen Ball

Plymouth Business School Theses

Highway Authorities in the United Kingdom have jurisdiction to control, maintain and improve the local highway network, and the Road Traffic Act 1988 places a duty on such authorities to take preventative measures to reduce road casualties. As such, engineers working for the Highway Authority are on the ‘front-line,’ and are required to deal directly with lay concerns relating to road safety. This study investigates the nature and characteristics of how local road safety issues are raised and how engineers respond to such issues in a local authority setting. A grounded theory methodology was applied in the collection and analysis …

Migrant Smuggling: Canada's Response To A Global Criminal Enterprise, Benjamin Perrin

All Faculty Publications

Migrant smuggling is a dangerous, sometimes deadly, criminal activity. Failing to respond effectively to migrant smuggling and deter it will risk emboldening those who engage in this illicit enterprise, which generates proceeds for organized crime and criminal networks, funds terrorism and facilitates clandestine terrorist travel, endangers the lives and safety of smuggled migrants, undermines border security, and undermines the integrity and fairness of immigration systems. Introduced in the Canadian House of Commons in June 2011, the Preventing Human Smugglers from Abusing Canada’s Immigration System Act (Bill C-4) includes proposed amendments to the Immigration and Refugee Protection Act that would enhance …

Breathing Life Into The Ashes: Resilience, Arts And Social Transformation - Pwias Inaugural Roundtable Final Report, Michelle Lebaron, Cynthia Cohen

All Faculty Publications

This report summarizes the themes, components, results and projected impacts of the first PWIAS (Peter Wall Institute for Advanced Studies) international roundtable held in October 2012. The roundtable brought together 20 artists, scholars, and conflict transformation practitioners from around the world to: explore and deepen understandings and experiences of individual and collective resilience; develop an infrastructure to strengthen the resilience and the legitimacy of the Social Transformation via Arts (“STA”) field; and advance understandings of assessment and evaluation in STA. In the report, the authors include a discussion of advance goals and planning, roundtable experiences, and ongoing effects of the …

How The Charter Has Failed Non-Citizens In Canada – Reviewing Thirty Years Of Supreme Court Of Canada Jurisprudence, Catherine Dauvergne

All Faculty Publications

This paper presents a study of all of the Supreme Court of Canada’s Charter-era jurisprudence addressing the rights of non-citizens. It traces the jurisprudential evolution from early decisions strongly supportive of non-citizens’ rights claims, to more recent rulings where non-citizens’ rights claims are rejected, sidelined or even ignored. Patterns in decision making are discernible and the decline in protections for non-citizens follows logically enough from a series of interpretive stances made relatively early on. There is evidence here of what I have termed ‘Charter hubris.’ This is a leading factor in explaining the current state of affairs, which works alongside …

Bordering On Failure: Canada-U.S. Border Policy And The Politics Of Refugee Exclusion, Efrat Arbel, Alletta Brenner

All Faculty Publications

In June 2012, the Canadian government ushered in sweeping reforms to Canada’s refugee system. These reforms brought debates about Canadian refugee protection to the forefront of legal and political discourse. In advancing these reforms, the Canadian government has asserted that Canada’s refugee system is among the most generous and compassionate in the world. Canada’s doors, the Canadian government has stated, remain open to legitimate refugees. This report evaluates these claims by examining the U.S.-Canada Safe Third Country Agreement and border measures implemented under the rubric of the Multiple Borders Strategy, and analyzing their effects on asylum seekers. A detailed examination …

Shifting Borders And The Boundaries Of Rights: Examining The Safe Third Country Agreement Between Canada And The United States, Efrat Arbel

All Faculty Publications

This article analyzes the Canadian Federal Court and Federal Court of Appeal decisions assessing the Safe Third Country Agreement between Canada and the United States (STCA). It examines how each court’s treatment of the location and operation of the Canada-US border influences the results obtained. The article suggests that both in its treatment of the STCA and in its constitutional analysis, the Federal Court decision conceives of the border as a moving barrier capable of shifting outside Canada’s formal territorial boundaries. The effect of this decision is to bring refugee claimants outside state soil within the fold of Canadian constitutional …

Bridging The Gap Between Health And Justice, Lior Gideon

Publications and Research

No abstract provided.

Disaggregating Disasters, Lisa Grow Sun, Ronnell Andersen Jones

Faculty Scholarship

In the years since the September 11 attacks, scholars and commentators have criticized the emergence of both legal developments and policy rhetoric that blur the lines between war and terrorism. Unrecognized, but equally as damaging to democratic ideals—and potentially more devastating in practical effect—is the expansion of this trend beyond the context of terrorism to a much wider field of nonwar emergencies. Indeed, in recent years, war and national security rhetoric has come to permeate the legal and policy conversations on a wide variety of natural and technological disasters. This melding of disaster and war for purposes of justifying exceptions …

“The Other Hangover”: Implementing And Evaluating An Original, Student-Designed Campaign To Curb Binge Drinking, Nathan Gilkerson, Michelle Gross, Andrea M. Ahneman

College of Communication Faculty Research and Publications

Binge drinking is a serious health and safety issue that has continued to plague college campuses, despite decades of education campaigns promoting moderation towards alcohol. As part of a student advertising competition, undergraduates were asked to develop an integrated marketing campaign focused on reducing binge drinking among college students which would successfully capture attention and resonate with their peers. The campaign the students created, called “The Other Hangover,” takes a unique approach to the binge-drinking issue—focusing attention on the social consequences of overconsumption, such as damage to one’s reputation and the loss of friendships. This case study examines …

Private Rights For The Public Good?, J. Janewa Oseitutu

Faculty Publications

The counterfeit medicines discussion is an example of how the use of a turbid rationale for greater intellectual property protections serves sophisticated private interests while potentially harming the public interest. The risk of harm created by counterfeit medicines provides a compelling counter-narrative to the access to medicines critique of intellectual property rights.

Intellectual property advocates and the pharmaceutical industry have portrayed poor global enforcement of intellectual property rights as contributing to the proliferation of dangerous counterfeit medications. Yet, the deliberate linkage in the literature between weak intellectual property rights and the harms caused by counterfeit medicines provides a justification for …

Policing, Protestors, And Discretion, Alafair Burke

Hofstra Law Faculty Scholarship

An essay is presented on protestors' policing and police discretion in enforcing criminal law against protestors. It offers a history of Occupy Wall Street or Occupy protests, which reflects upon the unlawful actions of the New York Police Department (NYPD). It also sheds light on the impact of discretion in the policing of protests, with special focus on both overenforcement and underenforcement of criminal law.

A Study Of The Effect Of Organizational Communication Cultures On Interorganizational Collaboration Of Crisis Response, Laura Pechta

Wayne State University Dissertations

Recent history has indicated that crises are becoming more frequent rather than exceptional events. Dozens of organizations, often with very different missions, methods, technologies and cultures, are called upon to coordinate activities in order to mitigate the crisis and assist in recovery efforts. Although several interorganizational coordination perspectives and strategies have been proposed, they have neglected to examine how different organizational communication cultures of crisis response organizations involved in an Emergency Operations Center (EOC) may affect crisis collaboration efforts. Previous studies have also disregarded the important distinction between crisis coordination and crisis collaboration and the challenges and benefits of each …

Fighting Cybercrime After United States V. Jones, David C. Gray, Danielle Keats Citron, Liz Clark Rinehart

Faculty Scholarship

In a landmark non-decision last term, five Justices of the United States Supreme Court would have held that citizens possess a Fourth Amendment right to expect that certain quantities of information about them will remain private, even if they have no such expectations with respect to any of the information or data constituting that whole. This quantitative approach to evaluating and protecting Fourth Amendment rights is certainly novel and raises serious conceptual, doctrinal, and practical challenges. In other works, we have met these challenges by engaging in a careful analysis of this “mosaic theory” and by proposing that courts focus …

Bit Error Rate Estimation In Wimax Communications At Vehicular Speeds Using Nakagami-M Fading Model, Biswojit Bose

Theses: Doctorates and Masters

The wireless communication industry has experienced a rapid technological evolution from its basic first generation (1G) wireless systems to the latest fourth generation (4G) wireless broadband systems. Wireless broadband systems are becoming increasingly popular with consumers and the technological strength of 4G has played a major role behind the success of wireless broadband systems. The IEEE 802.16m standard of the Worldwide Interoperability for Microwave Access (WiMAX) has been accepted as a 4G standard by the Institute of Electrical and Electronics Engineers in 2011. The IEEE 802.16m is fully optimised for wireless communications in fixed environments and can deliver very high …

What Every Land Use Lawyer Should Know About The Emerging Use Of Health Impact Assessment And Land Use Decision Making, Patricia E. Salkin, Pamela Ko

Scholarly Works

The field of Health Impact Assessment is relatively new to the United States, but already a number of state and local governments are incorporating these assessments into land use planning and decision making. In five years, the use of HIA in the U.S. has increased dramatically with more than 100 HIAs completed or in progress in the U.S. from 2007 to 2010. This article provides a brief overview of HIA in the United States, describes how it is being used in other states with respect to land use decision making, and examines how HIA is starting to be incorporated into …

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

Vanderbilt Law Review

The last decade has seen intense disputes about whether alleged terrorists captured during the nontraditional post- 9/11 conflict with al Qaeda and affiliated groups may use habeas corpus to challenge their military detention or military trials. It is time to take a step back from 9/11 and begin to evaluate the enemy combatant legal regime on a broader, more systemic basis, and to understand its application to future conflicts. A leading precedent ripe for reconsideration is Ex parte Quirin, a World War II-era case in which the Supreme Court held that saboteurs admittedly employed by an enemy nation's military had …

The Public Pension Crisis, Jack M. Beermann

Faculty Scholarship

Unfunded employee pension obligations will present a serious fiscal problem to state and local governments in the not too distant future. This article takes a looks at the causes and potential cures for the public pension mess, mainly through the lens of legal doctrines that limit public employers’ ability to avoid obligations. As far as the causes are concerned, this article examines the political environment within which public pension promises are made and funded, as an attempt to understand how this occurred. The article then turns to ask if states could implement meaningful reforms without violating either state or federal …

Maryland V. King: Terry V. Ohio Redux, Tracey Maclin

Faculty Scholarship

In Maryland v. King, the Supreme Court addressed whether forensic testing of DNA samples taken from persons arrested for violent felonies violated the Fourth Amendment. The purpose behind DNA testing laws is obvious: collecting and analyzing DNA samples advances the capacity of law enforcement to solve both "cold cases" and future crimes when the government has evidence of the perpetrator's DNA from the crime scene.

In a 5-4 decision, the Court, in an opinion by Justice Kennedy, upheld Maryland's DNA testing statute, and presumably the similar laws of twenty-seven other states and the federal government.

Although Justice Kennedy's opinion suggests …

Governments In Miniature: The Rule Of Law In The Administrative State, Mary Liston

All Faculty Publications

This chapter discusses several of the key attributes of the rule of law and explores their relevance for Canadian administrative law: the rule of law as an unwritten constitutional principle; the rule of law as a political ideal which structures institutional relations and competencies; and, the rule of law as a distinctive political morality which, in Canada, is understood as a dialogue among the three branches of government. The chapter assesses the Canadian articulation of the rule of law in the jurisprudence of the Supreme Court of Canada, then turns to the contemporary judicial review of administrative action. Recent case …

A Study Of Traditional Activities In The Exit Glacier Area Of Kenai Fjords National Park, Douglas Deur, Karen Brewster, Rachel Mason

Anthropology Faculty Publications and Presentations

Kenai Fjords National Park (KEFJ) occupies roughly 1,760 square miles on the Kenai Peninsula in southcentral Alaska. Sitting adjacent to the community of Seward, the park was established in 1980 under the Alaska National Interest Lands Conservation Act of 1980 (ANILCA). The central portion of the park contains the Harding Icefield, from which no fewer than 38 active glaciers exit into valleys and tidewater locations surrounding the park. Of these glaciers, Exit Glacier is the most publicly accessible, and the only park glacier with road access from the town of Seward. A number of individuals and families from the Seward …

Against Neorehabilitation, Jessica M. Eaglin

Articles by Maurer Faculty

In the face of severe budget constraints, bipartisan calls for reform, dropping crime rates, and judicial intervention, states are seriously considering and implementing criminal justice reform to manage prison populations for the first time in three decades. Scholars agree that states need a guiding theory to transform emergency and short-term reforms into a long-term shift in policy and practice away from mass incarceration. Numerous scholars advocate for a return to an improved theory of rehabilitation to guide the states in implementing such reform. This return-through neorehabilitation, or the rehabilitation of rehabilitation-centers on the use of evidence-based programming and predictive tools …

Vagrant Masculinity : A Process Of Masculine Self-Conceptualization In Formerly Incarcerated Black Men, Le'brian Alexander Patrick

LSU Doctoral Dissertations

This qualitative study explores the reorientation of masculine identities of formerly incarcerated Black men. Analysis is based on 20 in-depth interviews with 17 former inmates from the Louisiana prison system. This research investigates the impact of incarceration on the construction of masculinity. I explore the processes by which formerly imprisoned African American men construct, negotiate, and experience masculinity. My findings present how the way these men define masculinity and see themselves post-incarceration is influenced by not only their prison experience, but also by the reentry programs that they are affiliated. These men’s identities have been reformulated post-incarceration and are profoundly …

The Influence Of Selected Perceptual And Demographic Characteristics On The Attitude Toward Mental Health Of Students Among Faculty A Public Universities In The Southeastern United States, Shannon Kuehne Walsdorf

LSU Doctoral Dissertations

The primary purpose of this study was to determine the influence of selected personal and professional demographic characteristics on the attitudes toward and perceptions of selected mental health issues among currently employed faculty of four year public universities. Faculty members at two universities in Southeastern Louisiana were invited to participate in an online survey designed by the researcher to assess attitude toward mental health, willingness to help students with mental health issues, ability to identify students with mental health issues, ability to help students with mental health issues, along with a variety of personal and professional demographic characteristics. A total …

Accidental Detention: A Threat To The Legitimacy Of Venezuelan Democracy, Mabel Gabriela Durán-Sánchez

USF Tampa Graduate Theses and Dissertations

The main argument of this thesis is that the penitentiary crisis in Venezuela is brought about an inept criminal justice system whose functioning (or lack thereof) further exacerbates overcrowding in penitentiary facilities as well as violates the most basic human rights. More elaborately, I argue that the unintentional (mis)use of pre-trial preventive detention, one of the consequences of the inept criminal justice system, further exacerbates the overcrowding in prisons and creates serious human rights implications. The purpose of this study is to establish a connection between the penitentiary crisis in Venezuela, with a focus on pre-trial preventive detention, and the …

Development Of A Novel Method For Deriving Thresholds Of Toxicological Concern (Ttcs) For Vaccine Constituents, Jennifer Jessica White

USF Tampa Graduate Theses and Dissertations

Abstract

Safety assessment relating to the presence of impurities, residual materials and contaminants in vaccines is a focus area of research at the United States Food and Drug Administration (FDA). Sponsors who submit Investigational New Drug (IND) applications for new vaccine products must report the results of safety assessments to the Division of Vaccines and Related Products Applications (DVRPA). Scientifically defining thresholds of toxicological concern (TTCs) as they apply to vaccine constituents will provide a useful aid to the sponsors and public regarding safety assessments of compounds for which there is little or no toxicity data. TTCs are mathematically modeled …