Digital Commons Network^™

The War On Drugs Is Over (If You Want It): State Drug Courts As An Alternative To Criminal Courts For Low-Level Nonviolent Drug Offenders, Blake Courlang

Cardozo Journal of Conflict Resolution

Part I of this Note describes the social, political, and legal reasons behind the rise of mandatory minimum sentencing in the 1980s and their path towards becoming advisory in the 2000s, as held by the Supreme Court in United States v. Booker. Part II provides a description of drug courts and argues for the use of drug courts as an alternative to the criminal sanctions for all nonviolent, low-level drug offenders. As part of this discussion, this Note examines the use of mandatory minimum sentencing post-Booker and the procedural method of divesting federal jurisdiction of nonviolent, low-level drug offenses …

Prisoner Facilitated Mediation: Bringing Peace To Prisons And Communities, Laurel Kaufer, Douglas E. Noll, Jessica Mayer

Cardozo Journal of Conflict Resolution

Prisons are too often places of conflict, violence, and fear. After spending years in such an environment Susan Russo and a group of like-minded inmates decided that they needed to take action. In 2007, Ms. Russo began sending over fifty handwritten letters to mediators throughout California, asking for assistance in setting up a conflict resolution program at the prison where she resided. Eventually, in 2009, one of her letters reached Laurel Kaufer, who, with her colleague Doug Noll, responded to Ms. Russo's request. Through their collaboration Prison of Peace ("POP") was born. POP employs an innovative method of prison conflict …

Kill Switches, Forum Doctrine, And The First Amendment's Digital Future, Enrique Armijo

Cardozo Arts & Entertainment Law Journal

Governments play a growing role in providing access to digital speech spaces. This development has important consequences for free expression. Communication's migration from physical public spaces to virtual ones has increased the State's capacity for ex ante interference with speech, from targeted blocking of users, websites, and applications on its communications networks to shutting off access to those networks altogether. Contrary to the conclusions of most Speech Clause scholars, the First Amendment's public forum doctrine is ill equipped to solve these problems, in part because the doctrine under-protects speech that is not expressed in shared physical space. Accordingly, this Article …

Jurisdictional Confusion That Rivals Erie: The Jurisdictional Limits Of Campus Police, Jamie P. Hopkins, Kristina Neff

Montana Law Review

Jurisdictional Confusion that Rivals Erie: The Jurisdictional Limits of Campus Police

Failing Expectations: Fourth Amendment Doctrine In The Era Of Total Surveillance, Olivier Sylvain

Faculty Scholarship

Today’s reasonable expectation test and the third-party doctrine have little to nothing to offer by way of privacy protection if users today are at least conflicted about whether transactional noncontent data should be shared with third parties, including law enforcement officials. This uncertainty about how to define public expectation as a descriptive matter has compelled courts to defer to legislatures to find out what public expectation ought to be more as a matter of prudence than doctrine. Courts and others presume that legislatures are far better than courts at defining public expectations about emergent technologies.This Essay argues that the reasonable …

Harm Claim Thresholds: Facilitating More Intensive Spectrum Use Through More Explicit Interference Protection Rights, J. Pierre De Vries

Colorado Technology Law Journal

No abstract provided.

Increasing Wireless Value: Technology, Spectrum, And Incentives, Gregory L. Rosston

Colorado Technology Law Journal

No abstract provided.

A Study On The Role Of Spectrum Usage Rights Within Disputes, Michelle Hersh

Colorado Technology Law Journal

No abstract provided.

Understanding The Relevance Of Drug User And Sex Worker Community-Based Organizations And Their Interactions With Government Officials And Health Care Providers In Vietnam: A Qualitative Study, Leah Thi Le

Public Health Theses

Background & Objective: To address the HIV epidemic in Vietnam, groups of former drug users and sex workers established grassroots organizations throughout Vietnam in the early 2000s, called community-based organizations (CBOs). The objectives of this study are to understand the purpose of the CBOs, the government-CBO interactions, the perceived stigma toward drugs users and sex workers, and the attitudes of government officials about the purpose of the CBOs. Thereafter, we aspire to recommend changes to promote collaboration between the CBOs and the government programs. Methods: Thirty-two individuals from the drug user and sex worker CBOs and relevant government programs participated …

Limits On The Search For Truth In Criminal Procedure: A Comparative View, Jenia I. Turner

Faculty Journal Articles and Book Chapters

Across diverse legal traditions, the search for truth is a basic function of the criminal process. Uncovering the truth about the charged crime is regarded as an essential precondition to achieving justice, enforcing criminal law, and legitimating the verdict. Yet while truthseeking is a broadly accepted goal in the criminal process, no system seeks the truth at all costs. The search for truth must on occasion yield to considerations related to efficiency, democratic participation, and protection of individual rights.

Different jurisdictions around the world show different preferences with respect to the tradeoffs between these values and the search for truth …

Doe V. Wilmington Housing Authority: The Common Area Caveat As A Paradigmatic Balance Between Tenant Safety And Second Amendment Rights, Iyen Acosta

Catholic University Law Review

No abstract provided.

Comprehensive U.S. Immigration Reform: Policy Innovation Or Nondecisions, Richard T. Middleton, Iv., Phd., Jd.

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Deportation Conundrum, Elina Treyger

Seton Hall Law Review

No abstract provided.

Resolving The Original Sin Of Bolling V. Sharpe, Gregory Dolin

Seton Hall Law Review

No abstract provided.

Public Support For Stricter Gun Control Laws In America Following The Tragedy At Sandy Hook Elementary, Ryan Jeffrey Hausmann

Theses and Dissertations

The past decade witnessed a considerable increase in public outrage and debates regarding gun control laws, due in large part to several mass shootings across the nation. The purpose of this study is to explore how mass shootings influence attitudes toward gun control. More specifically, this study will examine the respondents' familiarity with the 2012 mass shooting in New Town, Connecticut, and then explore their opinions about whether that shooting reflects isolated acts of troubled individuals, or whether it is a reflection of greater issues, and in turn, how those opinions influence attitudes toward gun control.

Data for this research …

Connecting Schools To Neighborhood Revitalization:, Lawrence Pesch

Dissertations (1934 -)

ABSTRACT

CONNECTING SCHOOLS TO NEIGHBORHOOD REVITALIZATION:

THE CASE OF THE MAPLE HEIGHTS

NEIGHBORHOOD ASSOCIATION

Lawrence P. Pesch

Marquette University, 2014

This case study focuses on the way a neighborhood association connects schools to broad change in an urban neighborhood of a large Midwestern city. The first section provides a review of the literature on community involvement in school and neighborhood reform. It reviews the historical origins of the current school-community relationship, the reasons behind the movement to increase community involvement, the diversity of understandings about the nature of community participation, the processes used to improve the capacity of both the …

Media Communication & Professional Sports Stadium Subsidies, Damon Sgrignoli

Communication & Leadership Dissertations and Theses

In the previous two decades, professional sports franchise owners secured nearly $20 billion in taxpayer paid subsidies for new stadiums, domes, and arenas. In the geographic area of study, Atlanta Georgia, two public-financed stadium debates occurred between 2012 and 2014. The following study examined sports franchise owners, politicians, and civic and business groups’ use of the mass media to communicate their public messages during the stadium approval process, as well as how the local mass media frames stadium subsidy debates through Agenda Setting and Framing theories. The textual analysis study used a sample of 10 Atlanta Journal-Constitution online newspaper articles …

Indefinite Detention As A Democratic Counterterrorism Policy, Jared L. Mcpherson

Browse all Theses and Dissertations

Indefinite detention is better defined as “detention without trial,” where the government has no plans for a prisoner’s arraignment, release, or deportation. While this policy has been used by democratic countries in the past and present, it appears to violate a core democratic concept—that of due process of law. This study examines US, British, and French counterterrorism efforts against al-Qaeda, the Provisional Irish Republican Army, and the Armed Islamic Group, to determine which factors are most likely to lead to the employment of indefinite detention. Based on case study analysis, it appears that (1) extraterritoriality and sovereignty, (2) the nature …

Unigov: The Indianapolis Response To Urban Sprawl, Maxwell Hackman

Graduate Thesis Collection

Unigov is one of the most significant pieces of legislation in Indianapolis and Indiana history. In the often times hostile environment of Indiana politics it is nothing short of a miracle that the leaders in the Republican Party were able to get the Unigov bill approved and have it be as successful for the city as it has been. Unigov also created a modern day political machine for the Republican Party of Indianapolis. The new city of Indianapolis under the leadership of Republican Mayors Richard Lugar and William Hudnut has earned national name recognition on the convention circuit and for …

Mitigating Myopia: Climate Change, Rolling Easements, And The Jersey Shore, Kevin J. Mahoney

Student Works

No abstract provided.

Ending Blind Spot Justice: Broadening The Transparency Trend In International Arbitration, Robert Argen

Brooklyn Journal of International Law

No abstract provided.

Why Restrictions On The Immigration Of Health Workers Are Unjust, Javier S. Hidalgo

Jepson School of Leadership Studies articles, book chapters and other publications

Some bioethicists and political philosophers argue that rich states should restrict the immigration of health workers from poor countries in order to prevent harm to people in these countries. In this essay, I argue that restrictions on the immigration of health workers are unjust, even if this immigration results in bad health outcomes for people in poor countries. I contend that negative duties to refrain from interfering with the occupational liberties of health workers outweighs rich states’ positive duties to prevent harm to people in sending countries. Furthermore, I defend this claim against the objection that health workers in poor …

Narrowing The Right To Be Forgotten: Why The European Union Needs To Amend The Proposed Data Protection Regulation, Emily Adams Shoor

Brooklyn Journal of International Law

No abstract provided.

Enforcing International Law: States, Ios, And Courts As Shaming Reference Groups, Prof. Sandeep Gopalan, Dr. Roslyn Fuller

Brooklyn Journal of International Law

No abstract provided.

The Unspecified Specificity Of Sport: A Proposed Solution To The European Court Of Justice's Treatment Of The Specificity Of Sport, Kevin Kehrli

Brooklyn Journal of International Law

No abstract provided.

Discretionary Reform: Prosecutorial Discretion As The Only Effective Immigration Reform In Today's Polarized Congress, Paola Uriarte

Brooklyn Law Review

No abstract provided.

Progression In The Age Of Recession: Restorative Justice And White-Collar Crime In Post-Recession America, Daniel Luedtke

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.

Face Veil Bans In The European Court Of Human Rights: The Importance Of Empirical Findings, Eva Brems

Journal of Law and Policy

No abstract provided.

Religious Freedom: Expressing Religion, Attire, And Public Spaces, Lucy Vickers

Journal of Law and Policy

No abstract provided.

Religious Freedom And Equal Treatment: A United Kingdom Perspective, Karon Monaghan

Journal of Law and Policy

No abstract provided.