Digital Commons Network^™

Free To Pay A Fee For Something Free: Aereo's Challenge To The Broadcast Television Industry, Sean Anderson

Journal of Law and Policy

No abstract provided.

Insane In The Membrane: Arguing Against The Forcible Medication Of Mentally Ill Pre-Trial Defendants, Tobias Schad

Journal of Law and Policy

No abstract provided.

The Journey Of Female Cancer Patients Or Survivors While Striving For Personal Work-Life Balance, Stacy Rothberg

Theses and Dissertations

This phenomenological study explored how cancer impacted female patients or survivors while striving for personal work-life balance. Since female cancer patients and survivors encounter unique stressors, challenges, and experiences related to their cancer journey, this study examined the narratives of 10 women identified as having cancer and a comparison group matched on age via random sample for the birth year. The 20 narratives were a subset of the larger Weber (2011) sample collected by Digital Women's Project research team. The foundational theoretical framework is provided by Giele's (2008) life story method, which analyzed narratives through the lenses of identity, relationship …

Designing Administrative Law For Adaptive Management, J.B. Ruhl, Robin Craig

Vanderbilt Law School Faculty Publications

Administrative law needs to adapt to adaptive management. Adaptive management is a structured decision-making method the core of which is a multi-step iterative process for adjusting management measures to changing circumstances or new information about the effectiveness of prior measures or the system being managed. It has been identified as a necessary or best practices component of regulation in a broad range of fields, including drug and medical device warnings, financial system regulation, social welfare programs, and natural resources management. Nevertheless, many of the agency decisions advancing these policies remain subject to the requirements of either the federal Administrative Procedure …

A Multimedia Pedestrian Safety Program And School Infrastructure: Finding The Connection To Pedestrian Risk-Taking Attitudes And Perceptions Of Pedestrian Behavior, Diana Scott

Electronic Theses and Dissertations

Approximately 47,700 pedestrians were killed between the years of 2000 - 2009. School buses are one of the safest modes of transportation (National Highway Traffic Safety Administration, 2004). However, the Central Florida school district eliminated bus transportation within the 2-mile radius from schools just last year. Children must prepare for an alternative mode of transportation; walking and biking. The purpose of this research was two-fold. First to develop an online safety training program for elementary school children; and second, a self-report questionnaire was constructed and piloted to measure how safety training and school infrastructure affects students' pedestrian risk-taking attitudes and …

Down In The Mouth: Homelessness And Oral Health, Jessica Kleinberger

Electronic Theses and Dissertations

The burden of dental disease in American has been termed a "silent epidemic," affecting the most vulnerable populations in society. Poor oral health has been linked with general health issues, such as diabetes and cardiovascular disease, as well as decreased mental health and impairments in social functioning. This burden weighs particularly heavy on the homeless, who are not only denied access to private systems of care, but are further rejected by an inadequately supported public safety net. Despite the recognition of social inequalities and the call for further scientific research, oral health care has not been extensively recognized within sociology. …

Investigators' Perceptions Of Inter-Jurisdictional Law Enforcement Information Sharing On Criminal Investigative Success: An Exploratory Analysis, Jennifer Freeman-Walker

Electronic Theses and Dissertations

Information sharing among law enforcement entities became a national priority after the 9/11 attack (Carter, 2005). Various information systems utilized by law enforcement agencies may be promising; however, there is little extant empirical research to validate the system's effectiveness related to increasing investigative success (Bureau of Justice Assistance, 2010). One information system that has tied together numerous Florida law enforcement agencies is the FINDER system. FINDER, the Florida Integrated Network for Data Exchange and Retrieval system, provides agency investigators a wide range of information not previously available (Reynolds, Griset, and Scott, 2006; Scott, 2006). This study's foundation was primarily based …

Fox News Network V. Tveyes, United States District Court For The Southern District Of New York

Historical and Topical Legal Documents

No abstract provided.

Public Health Emergencies: What Counts?, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Vaccines and drugs to prevent and treat Ebola Virus Disease that have never been tested in humans, and in scarce supply raise profound ethical challenges. What if good evidence emerged demonstrating safety and efficacy of drugs? What would be an ethical method of allocating scarce beneficial resources? The apparent preference given to foreign aid workers over West Africans provoked a firestorm. In addition to discussing the ethical allocation of scarce drugs, this article also asks a more fundamental question: Why did it take nearly 40 years after the first Ebola outbreak in 1976 to launch clinical trials?

The Unnecessary And Restrictive Constitutional Amendments Concerning Religious Freedom In Mexico, Javier Saldaña Serrano

BYU Law Review

No abstract provided.

Can Using The Internal Audit Function As A Training Ground For Management Deter Internal Auditor Fraud Reporting?, Christopher K. Eller

Theses and Dissertations

This study examines the effects of using the internal audit function as a training ground for management and fraud magnitude on internal auditor fraud reporting decisions. Using a 2x2 between-participants experiment, the current study manipulates the use of the internal audit function as a management training ground (used as a training ground vs. not used as a training ground) and fraud magnitude (large fraud, defined as 30 percent of net income vs. small fraud, defined as one percent of net income). The results indicate that internal auditors may be less likely to report a fraud to their superior when the …

Inmates For Rent, Sovereignty For Sale: The Global Prison Market, Benjamin Levin

Publications

In 2009, Belgium and the Netherlands announced a deal to send approximately 500 Belgian inmates to Dutch prisons, in exchange for an annual payment of £26 million. The arrangement was unprecedented, but justified as beneficial to both nations: Belgium had too many prisoners and not enough prisons, whereas the Netherlands had too many prisons and not enough prisoners. The deal has yet to be replicated, nor has it triggered sustained criticism or received significant scholarly treatment. This Article aims to fill this void by examining the exchange and its possible implications for a global market in prisoners and prison space. …

Race To Incarcerate: Punitive Impulse And The Bid To Repeal Stand Your Ground, Aya Gruber

Publications

Stand-your-ground laws have come to symbolize, especially for many in the center-to-left, the intense racial injustice of the modern American criminal system. The idea now ingrained in the minds of many racial justice-seekers is that only by narrowing the definition of self-defense (and thereby generally strengthening murder law) can we ensure Trayvon Martin's death was not in vain. However, when the story of Martin's killing first appeared on the national stage, the conversation was not primarily about the overly lenient nature of Florida's self-defense law. It was a multi-faceted dialogue about neighborhood warriors, criminal racial profiling, and especially the racially …

The Coming Crisis In Law Enforcement And How Federal Intervention Could Promote Police Accountability In A Post-Ferguson United States, Kami Chavis Simmons

Faculty Publications

The proliferation of aggressive, and sometimes militarized, police tactics represents the "coming crisis" in law enforcement, although many residents of [inner city] communities might argue that the crisis arrived long ago. Even more disturbing is that these heavy-handed police strategies are employed almost exclusively against racial and ethnic minorities.

This Essay argues that in order to alleviate racial bias in policing and gain the trust and legitimacy of police officers in racially and ethnically diverse communities, local police departments must not only ensure that they are hiring police officers capable of implementing community policing, but must also focus on institutional …

The Experience Of A Pastoral Advocate And Implications For The Church, Bryan Massingale

Theology Faculty Research and Publications

This chapter presents a critique—based on the chapter’s author’s own experiences as a university teacher, parish minister, and pastoral advocate—of the deleterious effects of what he calls “the pervasive climate of fear” and reactivity that surrounds even modest attempts at open conversation among Catholics about sexual diversity and the church. It suggest that this climate of fear is debilitating and dangerous, especially within a faith community charged by Jesus to “be not afraid.” Left unaddressed, this fear has wide-ranging effects that threaten the well-being not only of LGBT Catholics but of all Catholics and indeed the very mission and identity …

Jour 302: Reporting Ii—A Peer Review Of Teaching Project Inquiry Portfolio, Joseph Weber

UNL Faculty Course Portfolios

This document summarizes the results of an inquiry conducted as part of an advanced reporting course. The questions at hand were, “can students be taught to avoid bias in their journalistic work and to provide fair accounts of news developments?” and “how might they best be taught that?” This exploration revolved around a single lecture and discussion session, several reading assignments and the viewing of a video interview, and involved two writing assignments. The results suggest that both the teaching and evaluation of bias and fairness are difficult and complex. The findings suggest a single lesson may not be adequate …

Larc 331: Site Systems Iii: Landscape Implementation—A Peer Review Of Teaching Project Inquiry Portfolio, Bret Betnar

UNL Faculty Course Portfolios

LARC 331 Site Systems III: Landscape Implementation is a 3rd year undergraduate course that focuses on the implementation of landscape architectural designs. The course is the final in a 3-course Site Systems sequence. In LARC 331, students take the final design proposal from the previous semester’s Site Design studio, LARC 210 or 211, and develop a set of construction documents for that design.

The research question asked through this inquiry is as follows: Can the inclusion of a drawing and building exercise improve students’ understanding of The Ten Fundamentals of drafting? It is believed that by including an additional drawing …

Knight V. Thompson: The Eleventh Circuit's Perpetuation Of Historical Practices Of Colonization, Randi Dawn Gardner Hardin

American Indian Law Review

No abstract provided.

Are Houses Too Big Or In The Wrong Place? Tax Benefits To Housing And Inefficiencies In Location And Consumption, David Albouy, Andrew R. Hanson

Economics Faculty Research and Publications

Tax benefits to owner-occupied housing provide incentives to consume housing, offsetting weaker disincentives of the property tax. These benefits also help counter the penalty federal taxes impose on households who work in productive high-wage areas, but reinforce incentives to consume local amenities. We simulate the effects of these benefits in a parameterized model, and determine the consequences of various tax reforms. Reductions in housing tax benefits generally increase efficiency in consumption, but reduce efficiency in location decisions, unless they are accompanied by tax rate reductions. The most efficient policy would eliminate most tax benefits to housing and index taxes to …

The Impact Of Race And Ethnicity On Sexual Violence: A Case Study On Underserved Populations In Minnesota, Lindsay Bolstad

All Graduate Theses, Dissertations, and Other Capstone Projects

Sexual violence in Minnesota impacts hundreds of thousands of lives and costs billions of dollars each year. This qualitative case study describes how victims that are people of color experience sexual violence at disproportionately high rates and face additional barriers when seeking legal, medical, and mental health and crisis advocacy services in Minnesota. The methodology employed includes secondary data collection using books, scholarly articles, and archival data. Individual interviews and a focus group interview were used to collect primary research. The voluntary interview participants were advocates that provide services for victims of sexual violence in Minnesota. The interviews were audio-recorded …

Perspectives Of Female Leaders In Athletic Training, Kyle Matthew Momsen

All Graduate Theses, Dissertations, and Other Capstone Projects

Previous research has found that women face barriers in athletic training and it appears that they are not represented in leadership positions in numbers equal to the demographics of athletic training. The purpose of this research was to explore the leadership experiences and perspectives of female athletic trainers who have earned a leadership position at the highest levels in athletic training. This qualitative investigation utilized semi-structured, open-ended interviews with 12 women that held national leadership positions in athletic training. The data from this investigation suggests that many of the barriers that previously faced women in athletic training have decreased or …

Report As To Proposed Pilot Project On The Electronic Monitoring Of Forensic Mental Health Patients, Elaine Gibson, Leah Hutt, Sheila Wildeman, Constance Macintosh

Reports & Public Policy Documents

This report was undertaken in response to a request from the Nova Scotia government for assistance in identifying and analyzing legal issues related to the potential establishment of a pilot project. The project would involve the use of electronic monitoring (EM) of forensic mental health patients (patients) detained at the East Coast Forensic Hospital (ECFH) who are exercising indirectly supervised and unescorted community access (community access). The purpose of our analysis is not to determine if an EM policy or its application violates any laws. Rather, the purpose is to consider whether there are factors that may support legal challenges …

Fracking Secrets: The Limitations Of Trade Secret Protection In Hydraulic Fracturing, John Craven

Vanderbilt Journal of Entertainment & Technology Law

Hydraulic fracturing is a drilling technique used to increase resource production in which specially blended liquid mixtures are pumped into oil and gas wells under high pressure causing underground rock formations to crack and open up. Oil and gas companies have traditionally protected the composition of these proprietary liquids through state-level trade secret laws. Opponents of hydraulic fracturing have argued for federal regulation of the process and claimed that trade secret protection is simply a way for oil and gas companies to withhold the identity of the chemicals used. Oil and gas companies are at risk of losing the economic …

The Siren Is Calling: Economic And Ideological Trends Toward Privatization Of Public Police Forces, Karena Rahall

Faculty Articles

The landmark Supreme Court ruling in Citizens United has opened the floodgates to allow unlimited corporate campaign donations, and Supreme Court doctrine is shifting back to the Lochner-era's focus on economic rights. At the same time, there are efforts underway across the United States to privatize public services in order to alleviate what proponents claim is a shortfall in revenue due to the recession. Within those privatization efforts, public policing has become a new front, with outsourcing and wholesale privatization of the police underway. This article adds to the existing scholarship a political analysis of privatization efforts, including how lobbying …

A Continuing Plague: Faceless Transactions And The Coincident Rise Of Food Adulteration And Legal Regulation Of Quality, Denis Stearns

Faculty Articles

Over two decades ago, the Jack in the Box E. coli outbreak, in which five victims died, and hundreds more were seriously injured, dramatically changed the way the world looked at food and food safety. Although deemed “trivial” by tort scholars, who nonetheless used legal doctrines first developed in food cases to justify the extension of strict liability to all products, this article uses the Jack in the Box outbreak as a point of departure for exploring not only the relationship between food, being, and knowledge, but to posit that commerce in food, and the inevitability of profit-motivated food adulteration, …

Mass Shootings And Mental Health Policy, Jessica Rosenberg

The Journal of Sociology & Social Welfare

Research suggests that mass shootings can increase mental health stigma, reinforce stereotypes that people with mental illness are violent, and influence public policy. This article examines mental health policy initiatives resulting from the mass shootings in Sandy Hook, Connecticut and Aurora, Colorado within the context of existing research about mental illness, suicide, substance abuse and gun violence. Previous legislation that restricts access to firearms among persons with mental illness is reviewed. The article suggests that gun control legislation that focuses on persons with mental illness is not supported by research, may create barriers to treatment, and may have limited efficacy …

Rolling Downhill: Effects Of Austerity On Local Government Social Services In The United States, David B. Miller, Terry Hokenstad

The Journal of Sociology & Social Welfare

Austerity policies have been instituted in countries around the world attempting to address the fallout from the global economic crisis beginning in 2008 and still lingering through today. While the literature debates the economic impact of these policies, limited attention has been given to the effects of austerity at the local governmental level. It is posited that at the local government level, the effects of austerity policies are most noticeable and detrimental. States and local municipalities are “switching roles” with the federal government (Davidson, 2013, p. 1). They are providing jobs and social welfare services in the gap left by …

The Uncertain Trumpet: Disaster Communications And The Law, Russell V. Randle, Jeffery Reinhardt

Seattle University Law Review Online

Planning for the next disaster is not just a task for first responders. A catastrophic disaster can affect a wide range of industries, such as banking, telecommunications, education, and zoning; and lawyers play a critical role in reducing loss and minimizing liability. By drawing from lessons learned during previous disasters, including terrorist attacks, natural disasters, and environmental catastrophes, Randle and Reinhardt explain the steps lawyers should take to help organizations anticipate problems and create plans to minimize damages.

This Article illustrates how lawyers can help organizations remain in control by maintaining critical communications through multiple system modalities; using those systems …

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

GW Law Faculty Publications & Other Works

This Article examines the modern utility of the Second Amendment’s guarantee of “the right to keep and bear arms” in light of the phenomenon of modern crime, particularly black-on-black violence in urban America. Although many advocates of gun control have argued that crime in modern cities is a reason for modifying or severely truncating the right to have arms, the Authors argue that the right to have arms and the Second Amendment’s notion of a universal militia can be the basis of a new partnership between police and citizens in urban America. This new partnership can, if properly developed, be …

Roles And Regulations For Pharmacists In State-Level Disaster Relief Efforts, Rachel Lowe

Honors Theses

Objective: The purpose of this study is to determine what expanded roles have been identified for pharmacists by the states in disaster relief efforts, what regulations currently exist for pharmacists in disaster relief efforts in each state, and whether or not disaster relief and public health training should be added to the pharmacy school curriculum. Methods: A cross-sectional, descriptive design was used to survey fifty-three boards of pharmacy via email and Qualtrics Survey Software. Results: Analysis of the survey results showed that most states lack a disaster preparedness plan and expanded roles for pharmacists in disaster relief efforts, and most …