Digital Commons Network^™

Geophysical Investigation Of Flood-Induced Sinkhole Collapses, Lakewood Region, Eddy County, New Mexico National Cave And Karst Research Institute Report Of Investigation 6 Nckri Reports Of Investigation, National Cave And Karst Research Institute

KIP Articles

No abstract provided.

The New Class Actions In Japan, Michael J. Madderra

Washington International Law Journal

This comment provides the first journal publication on Japan’s new class action law, promulgated on December 11, 2013. In the past, Japanese attorneys used rules of joinder and other alternatives to form de facto class action lawsuits. This comment provides insight into the development of Japan’s new class action law through a discussion of the historical context in which it was created. After discussing the law and its development, this comment argues that Japan should examine U.S. jurisprudence to prepare for challenges to the new class action system. Comparing Japanese and U.S. class action systems is appropriate because of similarities …

The Silent Crisis: Including Latinos And Why It Matters, Representation In Executive Positions, Boards, And Commissions In The City Governments Of Boston, Chelsea, And Somerville, Miren Uriarte, James Jennings, Jen Douglas

Human Services Faculty Publication Series

The Silent Crisis: Involving Latinos in Decision-Making & Why Latino Representation Matters provides a measure of the economic, social, and political inclusion of Latinos at mid-decade in three cities of the Commonwealth where about one fourth of the state’s Latino population lives. Often wrongly referred to as a “new population,” Latinos have been present in Massachusetts since the end of the 19th century, arriving in large numbers beginning in the 1960s and 1970s and growing to nearly 630,000 persons (9.6% of the population) by 2010. That same year, they accounted for 62.1% of the population of Chelsea, 17.5% of the …

The Criminal Court Audience In A Post-Trial World, Jocelyn Simonson

Faculty Scholarship

No abstract provided.

City Of San Luis Obispo Open Space Vegetation Management Plan, Danielle Rose Althaus

Master's Theses

This Master’s Professional Project is focused on the development of a draft Vegetation Management Plan for the City of San Luis Obispo Open Space properties. The purpose of the plan is to provide a comprehensive document which identifies how the city is addressing wildfire preparedness in city-owned open space properties. Methods used in plan development include a literature review, content analysis, geographic information systems (GIS), a course audit, and consultation with city staff and other stakeholders. Each open space property is identified in the plan, describing its location, vegetation, topography, assets, access points, water supply, evacuation routes, historical fire data, …

Cayucos Community Health Plan, Jennifer Joyce Franich

Master's Theses

Recent, mounting research shows that chronic disease, the leading causes of death and primary driver of health care costs, cannot be effectively addressed through education or preventative health alone. A physical environment that promotes health—through access to healthy food, opportunities for physical activity, quality housing, transportation options, and safe schools—is an integral part of making our communities healthier. This research and accompanying Healthy Community Plans will serve as a way for the County to begin looking in-depth at the ways the built environment (our streets, parks, and neighborhoods) contribute or detract from the health of the community. Though the creation …

Public Art: Context & Process In San Luis Obispo, Ca, Kristin Ann Kiefer

Master's Theses

Public spaces are noted by historians, philosophers, planners, etc as being the lifeblood of civic centers, spaces that bring people in community together for a myriad of reasons. Recalling the ancient Agricola’s of ancient Greece to the modern version of malls and pedestrian plazas, these spaces are where social interactions occur, ideas are spread, and are open for all people to enjoy. Beautifying these spaces with public art and well-thought out design encourage the use of these spaces and work to empower those who use them. While the mode in which public art populates public spaces has changed, the notion …

2014-15 Key Strategic Issues List, John F. Troxell Professor

Articles & Editorials

December 9 - Part II of the Key Strategic Issues List has been updated once again and is available for online viewing: 2014-15 KSIL

For several years, the Strategic Studies Institute (SSI) has annually published the Key Strategic Issues List (KSIL). The purpose of this document is to make students and other researchers aware of strategic topics that are of special interest to the U.S. Army. Part I of KSIL is entitled "Army Priorities for Strategic Analysis" (APSA) and is a list of high-priority topics organized to support the Army's five strategic objectives as identified in the "2014 Army Strategic …

Chronicnuisance Ordinances: Turning Victims Of Domestic Violence Into "Nuisances" In The Eyes Of Municipalities, Amanda Gavin

Penn State Law Review (2003 - Present)

No abstract provided.

Privatization In Pennsylvania: How Reforming The Pennsylvania Liquor Code Would Benefit The Commonwealth And Its Citizens, Emma Snyder

Penn State Law Review (2003 - Present)

No abstract provided.

Alaska Career Pathways: A Baseline Analysis, Dayna Jean Defeo, Diane Hirshberg, Cathy Lecompte

CAEPR Reports

This report details the findings from a 2013 statewide study of career pathways (CP) and programs of study (PoS) in secondary districts in Alaska. Twenty-seven of Alaska’s 54 districts provided data around the maturity of their CP/PoS, the availability of different CP/PoS, how career planning is addressed, and the availability of courses and PoS in the Health Sciences cluster. The differences between urban and rural communities are often noted in conversations around education, programming and policy in Alaska, and the data in this report reflect this established phenomenon. The contribution of this report is in helping to demystify and contextualize …

Alaska Career Pathways: A Baseline Analysis, Diane Hirshberg, Dayna Defeo

CAEPR Reports

No abstract provided.

Report Of The Internet Content Governance Advisory Group, Brian O'Neill

Reports

No abstract provided.

53rd Henry J. Miller Distinguished Lecture Series, The Hon. Justice John Paul Stevens

Georgia State University Law Review

Remarks by the Honorable John Paul Stevens, Retired Associate Justice of the Supreme Court of the United States, at the 53rd Henry J. Miller Distinguished Lecture Series.

Dirty Secrets: The First Amendment In Protective-Order Litigation, Dustin B. Benham

Cardozo Law Review

No abstract provided.

Leveraging Mining Demand For Internet And Telecommunications Infrastructure For Broad Economic Development: Models, Opportunities And Challenges, Perrine Toledano, Clara Roorda

Columbia Center on Sustainable Investment Staff Publications

The initial phase of the Leveraging Mining-Related Infrastructure Investments for Development project consisted of a worldwide survey of regulatory, commercial and operating case studies of shared use of mining-related infrastructure. This Policy Paper delivers the findings for internet and telecommunications.

Combining Familial Searching And Abandoned Dna: Potential Privacy Outcomes And The Future Of Canada's National Dna Data Bank, Amy Conroy

Canadian Journal of Law and Technology

This article aims to respond to the government’s request by explaining the nature of that relationship and by arguing that the combined use of familial searching and analysis of abandoned DNA would present a serious risk for genetic privacy. The risk is particularly acute given that it would effectively circumvent the existing justification for the NDDB, leading to inclusion of individuals whose DNA profiles have not been uploaded directly onto the data bank. To substantiate this main argument, this article proceeds in three parts. The first describes the current Canadian law on familial searching and the ongoing interest in amending …

With Great Power Comes Little Responsibility: The Role Of Online Payment Service Providers With Regards To Websites Selling Counterfeit Goods, J. Bruce Richardson

Canadian Journal of Law and Technology

This article will explain the current avenues for intellectual property rights holders to make use of existing anti-counterfeiting policies made available by financial companies dealing in electronic payments, and argue that current policies, while helpful, are not sufficient. The article will conclude by demonstrating that policy makers have options to intervene and regulate the use of online payment services, either directly through legislation or indirectly through facilitating “best practices.”

Queer(Y)Ing Permanent Partnership, Alix L. Olson

Wagadu: A Journal of Transnational Women's & Gender Studies

Analyzing discourses surrounding a recent LGBT immigration reform proposal, this paper argues that the current trajectory of homonational forms of citizenship is ultimately an “alienating production.” It is by critically assessing the casualties wrought by these kinds of assimilationist strategies, the author suggests, that we might look instead toward alternative conceptions of citizenship altogether.

Patient Safety Culture And High Reliability Organizations, Jared D. Padgett

Walden Dissertations and Doctoral Studies

A 1999 evaluation of case studies performed by staff from the Institute of Medicine found that between 40,000 and 98,000 patients died from preventable errors, while 43,598 individuals died in car accidents that year. A 2011 report increased that estimate nearly 10 times. Widespread preventable patient harm still occurs despite an increase in healthcare regulations. High-reliability organization theory has contributed to improved safety and may potentially reverse this trend. This explorative single case study explored how the perceptions and experiences of nursing and respiratory staff affected the successful transition of a healthcare organization into a reliability-seeking organization. Fourteen participants from …

Is Guilt Dispositive? Federal Habeas After Martinez, Justin F. Marceau

William & Mary Law Review

Federal habeas review of criminal convictions is not supposed to be a second opportunity to adjudge guilt. Oliver Wendell Holmes, among others, has said that the sole question on federal habeas is whether the prisoner’s constitutional rights were violated. By the early 1970s, however, scholars criticized this rights-based view of habeas and sounded the alarm that postconviction review had become too far removed from questions of innocence. Most famously, in 1970 Judge Friendly criticized the breadth of habeas corpus by posing a single question: Is innocence irrelevant? In his view habeas review that focused exclusively on questions of rights in …

Defying "Common Sense?": The Legitimacy Of Applying Title Vii To Employer Criminal Records Policies, Tammy R. Pettinato

Nevada Law Journal

No abstract provided.

Making Liquor Immunity Worse: Nevada's Undue Protection Of Commercial Hosts Evicting Vulnerable And Dangerous Patrons, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

Crossing The Line: An Analysis Of Problems With Classifying Recidivist Misdemeanor Offenses As Felonies, Andrew Katbi

Alaska Law Review

Alaska is in the minority of states that apply felony charges based on a defendant's history of misdemeanor violations. This approach to the challenges of criminal recidivism, however, creates both constitutional and prudential problems. While Alaska enjoys considerable latitude in its sentencing policies, this form of misdemeanor reclassification raises concerns about proportionality under the Eighth Amendment, double jeopardy under the Fifth Amendment, and poses dilemmas for participants in the pleabargaining process. This Note examines these problems and proposes a graduated approach to sentencing enhancement. By increasing punishment gradually and preventing recidivist misdemeanants from crossing the misdemeanor-felony border as quickly, Alaska …

Incarceration And Reintegration: How It Impacts Mental Health, April M. Marier, Alex Alfredo Reyes

Electronic Theses, Projects, and Dissertations

ABSTRACT

Background: Previous criminal justice policies have been non-effective leading to overpopulated prisons and unsuccessful reintegration. There is a lack of effective supportive and/or rehabilitative services resulting in high rates of recidivism and mental health implications. Objective: This study investigated the perceived impact that incarceration and reintegration with little to no supportive and/or rehabilitative services has on the mental health status of an individual. The emphasis was on participant perception and not on professional reports because of underreporting and lack of attention to mental health in the criminal justice system. Methods: Focus groups in the Inland Empire and Coachella Valley …

Tesla And The Car Dealers' Lobby, Daniel A. Crane

Articles

Tesla Motors, the offspring of entrepreneur Elon Musk (who brought us Pay-Pal and SpaceX), is the most exciting automotive development in many decades and a marquee story of American technological dynamism and innovation. The company’s luxury electric cars have caused a sensation in the auto industry, including a review by Consumer Reports calling Tesla’s Model S the best car it ever tested. Despite the acclaim, Tesla faces enormous challenges Despite the acclaim, Tesla faces enormous challenges in penetrating an automotive market that has been dominated for a century by internal combustion engines. Not only must it build cars that customers …

Who Is Patrolling The Border Of Ethical Conduct?: The Convergence Of Federal Immigration Attorneys, Benefit Fraud, And Model Rule 4.2, Erin E. Barrett

William & Mary Law Review

No abstract provided.

Should Organizations Promoting Dangerous Sports Enjoy Maximum Tax Benefits?, William A. Drennan

San Diego Law Review

Perhaps one in every 1000 BASE jumps results in death, and the fatality and injury rates for BASE jumping may be forty-three times higher than for standard skydiving. Some other new sports are extremely dangerous. In addition, some medical researchers are finding that repeated jolts to the head in traditional contact sports correlate to midlife Alzheimer’s disease, suicide, depression, inability to work or function without a caregiver, and early death from the brain disease chronic traumatic encephalopathy (CTE). “[N]early a quarter of a million new patients turn up each year with long-term deficits resulting from . . . so-called mild …

The Efficacy Of Charter Schools In The San Bernardino City Unified School District Meeting The Needs Of Students With Disabilities, Gregory A. Jones

Electronic Theses, Projects, and Dissertations

Abstract

The aim of charter schools is to provide equal learning opportunities for all children, particularly those with disabilities; the results, though, are mixed. Some charter school students fare better than traditional school students, while others do worse. The exception is students with disabilities, where they excel and outperform in the charter school environment. This is not the case with San Bernardino City Unified School District charter school students with disabilities. Not only do they not outperform their regular education peers, but actually regress in their academic performance.

Oceano Community Health Plan, Eugene Phillip Brennan

Master's Theses

ABSTRACT

Oceano Community Health Plan

Phillip Brennan

Recent, mounting research shows that chronic disease, the leading causes of death and primary driver of health care costs, cannot be effectively addressed through education or preventative health alone. A physical environment that promotes health—through access to healthy food, opportunities for physical activity, quality housing, transportation options, and safe schools—is an integral part of making our communities healthier. This research and accompanying Healthy Community Plans will serve as a way for the County to begin looking in-depth at the ways the built environment (our streets, parks, and neighborhoods) contribute or detract from the …