Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2014

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 2895

Full-Text Articles in Entire DC Network

Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith Dec 2014

Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith

Oklahoma Law Review

In its 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that reflected a new model of civil commitment. The targets of this new commitment law were dubbed “Sexually Violent Predators” (SVPs), and the Court upheld indefinite detention of these individuals on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty …


Elevating Substance Over Procedure: The Retroactivity Of Miller V. Alabama Under Teague V. Lane, Brandon Buskey, Daniel Korobkin Dec 2014

Elevating Substance Over Procedure: The Retroactivity Of Miller V. Alabama Under Teague V. Lane, Brandon Buskey, Daniel Korobkin

City University of New York Law Review

This Article proposes a unique framework establishing that the United States Supreme Court’s decision in Miller v. Alabama, which forbids states from automatically sentencing juveniles to life imprisonment without any meaningful opportunity for release, must apply retroactively to hundreds of juveniles whose convictions and life sentences were already final at the time of the decision. Such a framework is timely and critical. The lower state and federal courts are divided on the question, and the Supreme Court is likely to settle the issue within the next year. The Article reviews how, absent guidance from the Supreme Court, a host of …


The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner Dec 2014

The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner

Saint Louis University Public Law Review

No abstract provided.


State Of Utah, In The Interest Of B.L.D., (Dob: 6/28/1999), A Person Under 18 Years Of Age, Utah Court Of Appeals Dec 2014

State Of Utah, In The Interest Of B.L.D., (Dob: 6/28/1999), A Person Under 18 Years Of Age, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a dispositional order entered after an adjudication for one count of curfew violation, a juvenile status offense, see Davis County Code 9.08.010, entered in the Third District Juvenile Court, in and for Salt Lake County, State of Utah, the Honorable C. Dane Nolan presiding


State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen, Defendant/ Appellant., Utah Court Of Appeals Dec 2014

State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen, Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the juvenile court's decision under the Seriou$ Youth Offender Act to bind Defendant over for trial in the district court on charges of aggraiated robbery and aggravated burglary, in the Second Judicial District Juvenile , Court Weber .County, the Honorable Michelle Jvl. Heward presiding ·


State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen Defendant/ Appellant., Utah Court Of Appeals Dec 2014

State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the bindover order entered by the Second District Juvenile Court, the Honorable Michelle Heward presiding, transferring Cooper John Anthony Van Huizen to the District Court, the Honorable Ernie Jones presiding, pursuant to the Serious Youth Offender statute, see Utah Code§ 78A-6-702 (2013).


A Gunman’S Paradise: How Louisiana Shields Concealed Handgun Permit Holders While Targeting Free Speech And Why Other States Should Avoid The Same Misfire, Michael J. Lambert Dec 2014

A Gunman’S Paradise: How Louisiana Shields Concealed Handgun Permit Holders While Targeting Free Speech And Why Other States Should Avoid The Same Misfire, Michael J. Lambert

Louisiana Law Review

The article discusses development in the laws for concealed handgun permit in the U.S. Topics discussed include legal history of gun laws in Louisiana, the constitutionality of laws in context of the First Amendment of the U.S. Constitution, and various laws banning the permit of handgun in Louisiana.


Class Notes, Georgia Southern University Dec 2014

Class Notes, Georgia Southern University

Arts & Humanities: News & Publications (2009-2023)

No abstract provided.


One Condo, One Vote: The New York Bid Act As A Threat To Equal Protection And Democratic Control, Brett Dolin Dec 2014

One Condo, One Vote: The New York Bid Act As A Threat To Equal Protection And Democratic Control, Brett Dolin

City University of New York Law Review

No abstract provided.


State V. Hernandez Respondent's Brief Dckt. 42076 Dec 2014

State V. Hernandez Respondent's Brief Dckt. 42076

Not Reported

No abstract provided.


A Critical Analysis Of Integrated Coastal And Ocean Management In Bangladesh With Lessons From Global Practices, Syed Mamtajul Islam Dec 2014

A Critical Analysis Of Integrated Coastal And Ocean Management In Bangladesh With Lessons From Global Practices, Syed Mamtajul Islam

World Maritime University Dissertations

The coast of Bangladesh is highly dynamic, unique and diverse, the south-western part of which hosts the world’s largest single mangrove forest; the south-central part receives the world’s second largest river system (Ganges-Brahmaputra-Meghna system), contributing to form the world’s largest delta in Bangladesh; and the south-eastern part provides room for major industrial and economic activities such as ports and shipping, ship recycling (2nd in global ranking), ship building, fisheries and tourism (Beaches in Cox’s Bazar – the world’s longest). The earlier land-side coastal management initiatives, which totally ignore ocean issues, have failed to bring a remarkable outcome mainly due to …


Theoretical Review On Indonesian Academic Legal Education In Conjunction With Asean Economic Community Era, Ariawan Gunadi Dec 2014

Theoretical Review On Indonesian Academic Legal Education In Conjunction With Asean Economic Community Era, Ariawan Gunadi

Indonesia Law Review

Indonesia will be welcoming the ASEAN Economic Community in 2015 as a multilateral agreement to create integrated regions such as: (a) a single market and production base, (b) a highly competitive economic region, (c) a region of equitable economic development, and (d) a region fully integrated into the global economy. These characteristics are interrelated and mutually reinforcing in a sense that overall development would not be complete without total completion of the previous sector. This article discusses the participation of Indonesia as part of ASEAN as a single market and production base, through free flow of services which targets higher …


The Murray Ledger And Times, December 27-28, 2014, The Murray Ledger And Times Dec 2014

The Murray Ledger And Times, December 27-28, 2014, The Murray Ledger And Times

The Murray Ledger & Times

No abstract provided.


Court Of Appeals Of New York, People V. Johnson, Denise Shanley Dec 2014

Court Of Appeals Of New York, People V. Johnson, Denise Shanley

Touro Law Review

No abstract provided.


The Weekly Challenger, December 25, 2014, The Weekly Challenger, Et Al Dec 2014

The Weekly Challenger, December 25, 2014, The Weekly Challenger, Et Al

Weekly Challenger Newspaper Collection

The December 25, 2014, issue of The Weekly Challenger.


Supreme Court, Appellate Term, First Department, People V. Bull, Randi Schwartz Dec 2014

Supreme Court, Appellate Term, First Department, People V. Bull, Randi Schwartz

Touro Law Review

No abstract provided.


Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights, Thomas W. Hazlett, Brent Skorup Dec 2014

Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights, Thomas W. Hazlett, Brent Skorup

Duke Law & Technology Review

The endemic underuse of radio spectrum constitutes a tragedy of the regulatory commons. Like other common interest tragedies, the outcome results from a legal or market structure that prevents economic actors from executing socially efficient bargains. In wireless markets, innovative applications often provoke claims by incumbent radio users that the new traffic will interfere with existing services. Sometimes these concerns are mitigated via market transactions, a la “Coasian bargaining.” Other times, however, solutions cannot be found even when social gains dominate the cost of spillovers. In the recent “LightSquared debacle,” such spectrum allocation failure played out. GPS interests that access …


Broadband In Nebraska: Current Landscape And Recommendations, Nebraska Information Technology Commission, Nebraska Broadband Initiative, Nebraska Public Service Commission, University Of Nebraska-Lincoln, Nitc Community Council, Nebraska Department Of Economic Development, Aim Dec 2014

Broadband In Nebraska: Current Landscape And Recommendations, Nebraska Information Technology Commission, Nebraska Broadband Initiative, Nebraska Public Service Commission, University Of Nebraska-Lincoln, Nitc Community Council, Nebraska Department Of Economic Development, Aim

Rural Futures Institute: Publications

N ebraska’s broadband vision is that residents, businesses, government entities, commu-nity partners, and visitors have access to affordable broadband service and have the necessary skills to effectively utilize broadband technologies.

Objectives

To increase economic development opportunities, create good-paying jobs, at-tract and retain population, overcome the barriers of distance, and enhance qual-ity of life in Nebraska by stimulating the continuing deployment of broadband technologies which meet the need for increasing connection speeds.

To increase digital literacy and the widespread adoption of broadband technolo-gies in business, agriculture, health care, education, government and by individu-al Nebraskans.

Goals

The following goals and targets help …


The Uhf Discount And The National Television Ownership Rule: “This I Tell You, Brother: You Can’T Change One Without The Other”, Bill Durdach Dec 2014

The Uhf Discount And The National Television Ownership Rule: “This I Tell You, Brother: You Can’T Change One Without The Other”, Bill Durdach

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


December 20, 2014 (Pages 7809-8000), Pennsylvania Legislative Reference Bureau Dec 2014

December 20, 2014 (Pages 7809-8000), Pennsylvania Legislative Reference Bureau

Volume 44 (2014)

No abstract provided.


Tracfone Wireless, Inc. V. State Appellant's Reply Brief 1 Dckt. 41868 Dec 2014

Tracfone Wireless, Inc. V. State Appellant's Reply Brief 1 Dckt. 41868

Idaho Supreme Court Records & Briefs, All

No abstract provided.


Public Assistance Hb 772, Georgia State University Law Review Dec 2014

Public Assistance Hb 772, Georgia State University Law Review

Georgia State University Law Review

The Act requires the government to drug-test recipients of food stamps and TANF benefits if there is a reasonable suspicion of drug use. Penalties for failing a drug-test become more severe when a recipient has more violations. The new bill also requires that a member of each household receiving food stamp benefits have a photo on the card.


Public Assistance Hb 990, Georgia State University Law Review Dec 2014

Public Assistance Hb 990, Georgia State University Law Review

Georgia State University Law Review

The Act prohibits the Governor from expanding Medicaid eligibility through an increase in the income threshold without first obtaining the General Assembly’s approval. The Act provides that this prohibition does not extend to any increase in the income threshold that results from a cost-of-living increase in the federal poverty level.


Agreements For Probation Services Hb 837, Georgia State University Law Review Dec 2014

Agreements For Probation Services Hb 837, Georgia State University Law Review

Georgia State University Law Review

The bill would have authorized private probation companies to contract with county and municipal judges to oversee misdemeanor probationers. Private probation companies would have been able to exercise the full range of powers of a public probation officer to monitor a probationer, including electronic tracking, drug and alcohol testing, and assessing fees for the expense of supervising the probationer. The Act would have allowed the private probation company to appeal to a judge to toll the probationer’s sentence if the probationer failed to comply with any of the terms of the probation, including paying fees.


Mobile Broadband Infrastructure Leads To Development Hb 176, Georgia State University Law Review Dec 2014

Mobile Broadband Infrastructure Leads To Development Hb 176, Georgia State University Law Review

Georgia State University Law Review

The Act provides for streamlined processing for wireless facility applications and limits the ways local government can condition approval of new wireless facilities and where they are sited. The Act also limits the fees that local governments may charge for reviewing wireless facility applications. Further, it limits license and rental fees a local government may charge for wireless facilities on the local government’s property.


Offenses Against Public Order And Safety Hb 60, Georgia State University Law Review Dec 2014

Offenses Against Public Order And Safety Hb 60, Georgia State University Law Review

Georgia State University Law Review

The Act expands gun rights by allowing permit holders to carry guns in locations previously prohibited including places of worship, bars, and certain areas inside government buildings and airports and changing criminal penalties for permit holders who violate the Act. The Act also permits, under certain circumstances, teachers and administrators to carry guns in school safety zones, on school buses, and at school functions. Additionally, the Act repeals certain Georgia laws regulating firearms dealers and also amends the qualifications for application of a weapon carry permit and conditions for permit renewal. Further, thie Act prohibits, with exceptions, restrictions on guns …


Multilateral Negotiations On Trade In Services: Concepts, Goals, Issues, Bernard Ascher Dec 2014

Multilateral Negotiations On Trade In Services: Concepts, Goals, Issues, Bernard Ascher

Georgia Journal of International & Comparative Law

No abstract provided.


Pesticides: Problems Facing The Industry In Submitting Proprietary Scientific Data To An International Organization, Alexander R. Nemajovsky Dec 2014

Pesticides: Problems Facing The Industry In Submitting Proprietary Scientific Data To An International Organization, Alexander R. Nemajovsky

Georgia Journal of International & Comparative Law

No abstract provided.


Current Issues Regarding Alaska Tribal Court Jurisdiction, Fortson N/A Dec 2014

Current Issues Regarding Alaska Tribal Court Jurisdiction, Fortson N/A

Vols 31-36 (2014-2019)

This article examines some of the unresolved issues that will shape tribal court jurisdiction in Alaska in coming years.


Survey Of Tribal Court Effectiveness Studies, Ryan Fortson, Jacob A. Carbaugh Dec 2014

Survey Of Tribal Court Effectiveness Studies, Ryan Fortson, Jacob A. Carbaugh

Vols 31-36 (2014-2019)

This article examines empirical studies that have been conducted on the effectiveness of tribal courts, both in terms of reduction in recidivism and participant attitudes, and a look at some of the challenges to implementing a tribal court effectiveness study in Alaska.