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Balancing, Proportionality, And Human Rights Adjudication In Comparative Context: Lessons For Nigeria, Basil Ugochukwu

The Transnational Human Rights Review

What is the nature of the role that courts perform when they evaluate human rights complaints? Answering this question engages two related but contending values in the process of protecting human rights through judicial means. The first value is that persons are entitled to certain rights and freedoms that are either completely outside the controlling power of the state, organizations and others in the society, or which when they are infringed could trigger an application for judicial protection by the victims. The second value is that the state can impose limitations on certain rights and freedoms but only if it …

Nonconsensual Blood Draws And Dual Loyalty: When Bodily Integrity Conflicts With The Public Health, Jacob M. Appel

Journal of Health Care Law and Policy

No abstract provided.

Correlational Analysis Of Oregon Juvenile Justice Data, Portland State University. Hatfield School Of Government. Center For Public Service, Masami Nishishiba, Stephanie Hawke, Phil Keisling

Center for Public Service Publications and Reports

In July 2014, the Center for Public Service (CPS) at Portland State University undertook a project commissioned by the Clackamas County District Attorney’s Office to conduct a preliminary analysis of data related to Oregon’s juvenile justice system. The statistical analysis focused on identifying possible correlations between indicators of juvenile justice interventions and public safety outcomes within Oregon counties. Results indicated a handful of significant correlations. Generally, across counties and variables, higher levels of intervention correlated significantly with higher levels of public safety outcomes and higher levels of non-intervention correlated significantly with lower levels of public safety outcomes. Within both the …

Public Private Partnership Pitfalls In Toll Roads, Mahran Maher Zatar

Civil Engineering Theses - Archive

Public-Private Partnership (PPP) has been one of the most effective concepts in developing infrastructure projects. By bringing in creative skills and management efficiency from business practice, private companies can potentially improve efficiency and productivity in implementation of major capital projects and provide an effective approach to meet project objectives. The main idea behind the partnership in toll roads delivery is putting together the strengths of both public and private sectors in order to provide services in the most cost-effective manner, on time, and with the highest quality. However, the criteria on which governments judge the "success" of PPP projects is …

Western Water Planning Processes: Lessons For Colorado, Meghan Leemon

Water Law Review

No abstract provided.

Linguistic Isolation: A New Human Rights Violation Constituting Torture, And Cruel, Inhuman And Degrading Treatment, Peter Jan Honigsberg

Northwestern Journal of Human Rights

No abstract provided.

Prism Vol. 4, No. 4, Center For Complex Operations

PRISM (Full PDF Issues)

This volume explores critical global security issues and evolving geopolitical dynamics. It opens with an analysis of Egypt’s political transformation and a reflection on U.S.-Taliban negotiations. Other features address the rising threat of strategic terrorism, the hybrid nature of modern conflicts, and the importance of state legitimacy in foreign operations. Discussions on rules of engagement, the meaning of victory, and the shifting roles of armed forces provide further insight into contemporary military challenges. The "From the Field" section examines corruption and organized crime in Afghanistan. The volume concludes with book reviews on global power shifts and gender in warfare, and …

In Defense Of Snooping Employers, Jessica Fink

Faculty Scholarship

The Article describes the means through which employers gather information about their employees, including through some recent, rather novel approaches to collecting such data. In addition, this Article discusses the financial, legal, and practical concerns that motivate employers to snoop in the first place, arguing that employers engage in this conduct for what frequently amount to very legitimate reasons. More significantly, this article places substantial responsibility for employer snooping with the courts themselves, highlighting particular decisions and doctrines that not only permit, but in fact encourage, employers to engage in these efforts to monitor employees.

Distilling Americans: The Legacy Of Prohibition On U.S. Immigration Law, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

Since the early twentieth century, federal immigration law has targeted noncitizens believed to engage in excessive alcohol consumption by prohibiting their entry or limiting their ability to obtain citizenship and other benefits. The first specific mention of alcohol-related behavior appeared in the Immigration Act of 1917, which called for the exclusion of "persons with chronic alcoholism" seeking to enter the United States. Several decades later, the Immigration and Nationality Act of 1952 specified that any noncitizen who "is or was ... a habitual drunkard" was per se lacking in good moral character, and hence ineligible for naturalization. Although the "chronic …

Comparative Urban Governance For Lawyers, Fernanda Nicola

Scholarly Articles in Law Reviews & Journals

No abstract provided.

After The Aumf, Jennifer Daskal

Scholarly Articles in Law Reviews & Journals

Over a dozen years later, the AUMF — which has never been amended — remains the principal source of the U.S. government’s domestic legal authority to use military force against al Qaeda and its associates, both on the battlefields of Afghanistan and far beyond. But even as the statutory framework has remained unchanged, the facts on the ground have evolved dramatically, leading some to call for a new AUMF. In short, calls for a new framework statute to replace the AUMF are unnecessary, provocative, and counterproductive; they perpetuate war at a time when we should be seeking to end it. …

Income Packaging Strategies Of Economically Disconnected Women And The Implications For Social Policy And Practice, Andrea Hetling, Jinwoo Kwon, Elizabeth Mahn

The Journal of Sociology & Social Welfare

Income packaging, or piecing together cash and non-cash resources from a variety of sources, is a common financial survival strategy among low-income women. This strategy is particularly important for economically disconnected women, who lack both employment income and public cash assistance receipt. Using data from the confidential Census Bureau versions of the Survey of Income and Program Participation, this study compares the use of public and private supports between disconnected and connected low-income women, controlling for differences in state welfare rules and county unemployment rates. Findings from bivariate comparisons and multilevel logistic regressions indicate that disconnected women utilize public non-cash …

Criminal Procedure—Skirting The Warrant Clause: State V. Harris And The Special Needs Exception, Kelly Heuser

Western New England Law Review

In State v. Harris the New Jersey Supreme Court held that domestic violence search warrants based on reasonable cause will suffice in place of warrants based on probable cause under the statutory scheme of the Prevention of Domestic Violence Act (PDVA). This Note examines the Court’s reasoning in State v. Harris and its use of the special needs exception to circumvent the probable cause requirement in the Fourth Amendment’s warrant clause.

If searches and seizures are conducted without a warrant, they are considered presumptively unreasonable. Realizing that the demands of public safety do not always allow for the process of …

Anonymity, Faceprints, And The Constitution, Kimberly L. Wehle

All Faculty Scholarship

Part I defines anonymity and explains that respect for the capacity to remain physically and psychologically unknown to the government traces back to the Founding. With the advent and expansion of new technologies such as facial recognition technology (“FRT”), the ability to remain anonymous has eroded, leading to a litany of possible harms.

Part II reviews the existing Fourth and First Amendment doctrine that is available to stave off ubiquitous government surveillance and identifies anonymity as a constitutional value that warrants more explicit doctrinal protection. Although the Fourth Amendment has been construed to excise surveillance of public and third-party information …

The Time Has Come For A Restatement Of Child Sex Abuse, Marci A. Hamilton

Brooklyn Law Review

No abstract provided.

Toward A Reconceived Legislative Intent Behind The Foreign Corrupt Practices Act: The Public Safety Rationale For Prohibiting Bribery Abroad, Upton Au

Brooklyn Law Review

No abstract provided.

Escaping From The Standard Story: Why The Conventional Wisdom On Prison Growth Is Wrong, And Where We Can Go From Here, John F. Pfaff

Faculty Scholarship

Whether as a result of low crime rates, the financial pressures of the 2008 credit crunch, or other factors, policymakers on both sides of the aisle are trying to rein or even reduce the US incarceration rate after an unprecedented forty-year expansion. Unfortunately, reforms are hampered by the fact that we do not have a solid empirical understanding of what caused the explosion in the first place. In fact, the "Standard Story" of prison growth generally overemphasizes less important factors and overlooks more important ones. This essay thus does two things. First, it points out the flaws in five key …

Doc 2014-05 Student Run-Business On Campus Policy, University Of Dayton. Department Of Management And Marketing, University Of Dayton. School Of Engineering, University Of Dayton. Office Of Legal Affairs, University Of Dayton. Environmental Health And Safety/ Risk Management., University Of Dayton. Office Of Community Standards And Civility, University Of Dayton. Student Development, University Of Dayton. Housing And Residence Life, University Of Dayton. Information Technologies (Udit), University Of Dayton. Purchasing And Business Serivces, University Of Dayton. Dining Services, University Of Dayton. Flyer Enterprises

Senate Documents

Consultation

Art II. B.3.e

A working group made up of representatives from units across campus, both academic and non-academic, propose a new policy to govern the regulation of student-run businesses on campus. The policy covers current students who wish to operate a business on University property. The policy is attached.

A Positive Future For Section 7?: Children And Charter Change, Alison M. Latimer

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

It has been more than a decade since Justice Arbour’s dissenting judgment in Gosselin, the first and only Supreme Court of Canada judgment recognizing positive rights under section 7. The jurisprudence that has developed in the intervening years presents some challenges to pursuing such a claim today. Yet the author offers the view that because of the special vulnerability of children, their capacity for development and the state’s treatment of children in other contexts, recognition of positive rights for children is consistent with Canada’s legal/political traditions, current laws and jurisprudence. Childhood, the refore, may well be the “special circumstance” necessary …

Reforming The Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit, Adam M. Dodek

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper analyzes the Supreme Court appointment process over the 10-year period from 2004 through the end of 2013. The paper conducts a democratic audit of the Supreme Court appointment process, not an evaluation of the judges appointed through this process. The paper first presents a short history of the Supreme Court appointments process between 2004 and 2013. It sets out the mechanisms under which each of the eight judicial appointments was made during this period. Next, it introduces the concept of a democratic audit and identifies the drivers of change to the appointments process. It argues that prior to …

Confrontation And The Re-Privatization Of Domestic Violence, Deborah Tuerkheimer

Michigan Law Review First Impressions

When the Supreme Court transformed the right of confrontation in Crawford v. Washington, the prosecution of domestic violence predictably suffered as a result. But commentators at the time did not anticipate how the Court’s subsequent Confrontation Clause cases would utterly misconceive the nature of domestic violence, producing a flawed understanding of what constitutes a “testimonial” statement. Although the Court’s definition was especially problematic in the domestic violence context, its overly rigid approach finally became intolerable in Michigan v. Bryant, a 2011 case that did not involve domestic violence. In Bryant, the Court resurrected a public–private divide that …

Making Second Amendment Law With First Amendment Rules: The Five-Tier Free Speech Framework And Public Forum Doctrine In Second Amendment Jurisprudence, Kenneth A. Klukowski

Nebraska Law Review

The United States is half a decade into developing a jurisprudence applying the Second Amendment. Part II of this article sets forth the current state of the law on the Second Amendment. Part III discusses the proposed approach for Second Amendment judicial review, consisting of a three-step inquiry. These three steps dictate which of five levels of scrutiny should apply in any given case. Part IV explores the rationale and normative principles underlying this theory, including the desirable clarity of per se rules and the need to restore strict scrutiny to a test that is sufficiently strict to provide adequate …

Barrock Lecture: Sentencing And Prior Convictions: The Past, The Future, And The End Of The Prior-Conviction Exception To Apprendi, Nancy J. King

Marquette Law Review

Barrock Lecture given at Marquette University Law School on November 18, 2013

Employment Discrimination Against Ex-Offenders: The Promise And Limits Of Title Vii Disparate Impact Theory, Tammy R. Pettinato

Marquette Law Review

none

2013 Federal Legislative Review, Angela Ostrowski

Animal Law Review

No abstract provided.

Registered Pedophiles' Thoughts On The Efficacy, Justification, And Psychosocial Impact Of Sorna (Sex Offender Registration And Notification Act) And Their Sensitivity To Sexual And Non-Sexual Violence, Aviva N. Moster

Open Access Dissertations

This study investigated registered pedophiles’ (N = 121) thoughts on the efficacy, justification, and psychosocial impact of the Sex Offender Registration and Notification Act (SORNA) as well as examined these offenders’ views on sexual and non-sexual violence.

One thousand male pedophiles identified as medium (Tier II) or severe (Tier III) sex offenders were identified via the Internet through national public online sex offender registration databases. They were randomly selected from nine states around the country. The number of pedophiles chosen from each state was proportionate to the total number of sex offenders registered within those states.

A questionnaire was mailed …

Emu Today, December 15, 2014, Eastern Michigan University

EMU Today

No abstract provided.

Maryland Practice Materials: A Selective Annotated Bibliography, Adeen Postar, Khelani Clay

All Faculty Scholarship

This chapter is intended to cover Maryland Law in its entire complexity and for the most part is intended for current use by practitioners. Whenever possible, it includes references to online sources of material, including LexisNexis, Westlaw, and authoritative sites available on the Internet. We have not included references to WestlawNext as many Maryland specific materials have not been included there as this project was concluding in November 2011.

Unpunished Criminals: The Social Acceptablity Of White Collar Crimes In America, Joseph P. Martinez

Senior Honors Theses and Projects

White collar crime is a serious issue in the United States of America, responsible for an estimated $250 billion to $1 trillion in economic damages each year. White collar crimes include: bank fraud, blackmail, bribery, counterfeiting, credit card fraud, embezzlement, extortion, forgery, insider trading, insurance fraud, investment schemes, securities fraud, tax evasion, advanced fee scams, service and repair scams, as well as Ponzi & pyramid schemes just to name a few.

There are a number of factors to consider regarding crimes, both street and white collar level including: the total cost of the damages and ripple effects that will reach …

Preempting The Police, David Jaros

All Faculty Scholarship

Fighting crime requires that we vest police with extensive discretion so that they can protect the public. Unfortunately, the nature of police work makes it difficult to ensure that law enforcement authority is not abused. This challenge is exacerbated by the fact that a great deal of questionable police activity exists in the legal shadows — unregulated practices that do not violate defined legal limits because they have generally eluded both judicial and legislative scrutiny. Local law enforcement strategies, like the maintenance of unauthorized police DNA databases and the routine practice of initiating casual street encounters, threaten fundamental notions of …