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2015

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Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss Dec 2015

Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss

Catholic University Journal of Law and Technology

No abstract provided.


Easy Prisoner Cases, Lisa Kerr Dec 2015

Easy Prisoner Cases, Lisa Kerr

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

In prisoner litigation, straightforward victory is rare. Win or lose, prisoners most often remain in the custody of officials who continue to wield substantial power over them. And even where claims succeed, courts may design legal tests in ways that are deferential over time to the claims and preferences of prison authorities. Prisoners prevailed in two recent Supreme Court of Canada cases that involved, first, post-sentencing legislative changes to parole entitlements and, second, a decision to transfer a prisoner to a higher security setting. In Canada (Attorney General) v. Whaling, the Court protected prisoner expectations at sentencing regarding the length …


Towards A Public Law Of Privacy: Meeting The Big Data Challenge, Lisa M. Austin Dec 2015

Towards A Public Law Of Privacy: Meeting The Big Data Challenge, Lisa M. Austin

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

Privacy law, to the extent that it regulates state information practices, wears two “public” hats. The first hat is constitutional law. For example, the Canadian Charter protects privacy through protecting individuals against unreasonable searches and seizures. The second hat is public sector data protection law modelled on what are known as Fair Information Practices (FIPs). For example, in Canada the federal Privacy Act regulates the collection, use and disclosure of personal information held by government institutions and provides individuals with a right of access to that information. The constitutional hat is concerned with state-individual relations in the context of law …


Hospital Knows Best: Court And Unfit Accused At The Mercy Of Hospital Administrators: The Case Of R. V. Conception, Suzan E. Fraser Dec 2015

Hospital Knows Best: Court And Unfit Accused At The Mercy Of Hospital Administrators: The Case Of R. V. Conception, Suzan E. Fraser

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

This article analyzes the Supreme Court’s 2014 decision in R. v. Conception which considered the treatment order provisions of the Criminal Code, finding that a court may not make a forthwith treatment order without the consent of the hospital except in rare cases where a delay would breach the accused’s rights under the Canadian Charter of Rights and Freedoms (Charter). This article argues that the case represents a departure from three decades of legal developments in the sphere of civil and forensic mental health law unified by the principles of restraint and oversight. Further, the article suggests that the decision …


A Step Forward Or Just A Sidestep? Year Five Of The Supreme Court Of Canada In The Digital Age, Nader R. Hasan Dec 2015

A Step Forward Or Just A Sidestep? Year Five Of The Supreme Court Of Canada In The Digital Age, Nader R. Hasan

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

Over the past five years, the Supreme Court of Canada has released a series of decisions meant to bring section 8 of the Canadian Charter of Rights and Freedoms into the Digital Age. These decisions acknowledged the unique privacy interests that people have in the information stored on their digital devices and the potential for modern technology to eviscerate privacy if the law of search and seizure does not keep pace with technological development. There is a danger, however, that recent victories for privacy in the courts will be illusory unless the courts develop additional manner of search limits on …


State Of Utah, Plaintiff And Appellee V. Wyatt Jeff Outzen Defendant And Appellant, Utah Court Of Appeals Dec 2015

State Of Utah, Plaintiff And Appellee V. Wyatt Jeff Outzen Defendant And Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from the Fourth Judicial District Court, Utah County. Hon. Cluadia Laucock, District Court No. 145400088


The State Of Utah, Plaintiff/Appellee, Vs. Romeo Lucero Olivarez, Defendant/Appellant, Utah Court Of Appeals Dec 2015

The State Of Utah, Plaintiff/Appellee, Vs. Romeo Lucero Olivarez, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a judgment of conviction arising from Sery pleas to two counts of Possession or Use of a Controlled Substance, a third degree felony, in violation of Utah Code §58-37-8(2)(a)(i), in the Third District Cou11, in and for Salt Lake County, State of Utah, the Honorable Randall Skanchy presiding.


State Of Utah, Plaintiff And Appellee V. Wyatt Jeff Outzen Defendant And Appellant, Utah Court Of Appeals Dec 2015

State Of Utah, Plaintiff And Appellee V. Wyatt Jeff Outzen Defendant And Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from the Fourth Judicial District Court, Utah County. Hon. Cluadia Laucock, District Court No. 145400088


Secundum Civilis: The Constitution As An Enlightenment Code, Derek Warden Dec 2015

Secundum Civilis: The Constitution As An Enlightenment Code, Derek Warden

Journal of Civil Law Studies

The American Constitution has been the subject of heated debate since its formation. This article simply introduces a new argument. It suggests that there exists a “form”1 of an Enlightenment era code, which is met by the Constitution, and that the requirements of this form can be derived from inspection of the three great codes of the time: the Prussian, the Austrian, and the French. It further notes that these requirements are (1) Roman law influence; (2) natural law influence; and (3) that they perform the same functions—they abrogate the prior laws on their respective subjects and they are “complete” …


A Sufficiency-Of-The-Evidence Exception To The New York Appellate Preservation Rule, Matthew Bova Dec 2015

A Sufficiency-Of-The-Evidence Exception To The New York Appellate Preservation Rule, Matthew Bova

City University of New York Law Review

No abstract provided.


Explaining Crimmigration In Indonesia: A Discourse Of The Fight Against People Smuggling, Irregular Migration Control, And Symbolic Criminalization, Anugerah Rizki Akbari Dec 2015

Explaining Crimmigration In Indonesia: A Discourse Of The Fight Against People Smuggling, Irregular Migration Control, And Symbolic Criminalization, Anugerah Rizki Akbari

Indonesia Law Review

Controlling migration in the world's largest archipelago brings various challenges to Indonesian authorities that differ from other countries. The difficulties become even more complicated since Indonesia has been known as the most favorite transit country for people who want to migrate to Australia due to its strategic geographical location, which is situated between the continents of Asia and Australia and between the Pacific and Indian oceans. Following this, the decision of choosing the mechanism of criminal law to deal with irregular migration from the start leads Indonesia to its acknowledgment as a country who is vulnerable to the trend of …


State V. Hirschi Respondent's Brief Dckt. 43471 Dec 2015

State V. Hirschi Respondent's Brief Dckt. 43471

Not Reported

No abstract provided.


State Of Utah, Plaintiff/Appellant, V. Michael Rowan And Rebecca George, Defendant/Appellee, Utah Supreme Court Dec 2015

State Of Utah, Plaintiff/Appellant, V. Michael Rowan And Rebecca George, Defendant/Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.


The Politics Of Official English: Exploring The Intentions And The Outcomes Behind English-Only Policies In The United States, David Gonzalez Nieto Dec 2015

The Politics Of Official English: Exploring The Intentions And The Outcomes Behind English-Only Policies In The United States, David Gonzalez Nieto

Graduate Doctoral Dissertations

Although the Constitution did not declare English the official language of the United States, its complete linguistic dominance in such a linguistically diverse nation is unparalleled. Despite its supremacy, the last three decades have witnessed a renewed nationalistic movement that claims the role of English is threatened and that its establishment as the official language of the United States is crucial to protect the language and the unity of the nation.

So far, attempts to institutionalize English at the federal level have failed, but 28 states have adopted English as their official language and/or legislation that limits the use of …


State V. Cerino Respondent's Brief Dckt. 43301 Dec 2015

State V. Cerino Respondent's Brief Dckt. 43301

Not Reported

No abstract provided.


Tennessee Comprehensive Annual Financial Report For The Fiscal Year Ended June 30, 2015, Tennessee. Department Of Finance & Administration. Dec 2015

Tennessee Comprehensive Annual Financial Report For The Fiscal Year Ended June 30, 2015, Tennessee. Department Of Finance & Administration.

Annual Comprehensive Financial Reports

No abstract provided.


Justice In America: Diverting The Mentally Ill, Matthew J. D'Emic Dec 2015

Justice In America: Diverting The Mentally Ill, Matthew J. D'Emic

City University of New York Law Review

No abstract provided.


Volume 53, Number 19: December 23, 2015, University Of North Dakota Dec 2015

Volume 53, Number 19: December 23, 2015, University Of North Dakota

University Letter Archive

No abstract provided.


Tennessee Consolidated Retirement System Comprehensive Annual Financial Report For The Fiscal Year Ended June 30, 2015, Tennessee. Department Of Treasury. Dec 2015

Tennessee Consolidated Retirement System Comprehensive Annual Financial Report For The Fiscal Year Ended June 30, 2015, Tennessee. Department Of Treasury.

TCRS Financial Reports

No abstract provided.


Marijuana Legalization. Initiative Statute. Dec 2015

Marijuana Legalization. Initiative Statute.

Initiatives

Legalizes marijuana under state law. Creates commission to regulate and license marijuana industry. Applies general retail sales taxes to marijuana, unless medical or dietary exemptions apply. Permits excise taxes on certain marijuana sales, up to 15% of retail price, and storage, up to 10% of wholesale price. Prohibits discrimination based on marijuana use. Restricts marijuana testing for job applicants and employees, or penalizing employees for off-duty use, unless they are in safety-sensitive occupations. Permits local regulation of marijuana businesses, including ban or limit on number with voter approval. Exempts medical marijuana collectives from licensing requirements. Summary of estimate by Legislative …


Marijuana Legalization. Initiative Statute. Dec 2015

Marijuana Legalization. Initiative Statute.

Initiatives

Legalizes marijuana under state law. Creates commission to regulate and license marijuana industry. Applies general retail sales taxes to marijuana, unless medical or dietary exemptions apply. Permits excise taxes on certain marijuana sales, up to 15% of retail price, and storage, up to 10% of wholesale price. Prohibits discrimination based on marijuana use. Restricts marijuana testing for job applicants and employees, or penalizing employees for off-duty use, unless they are in safety-sensitive occupations. Permits local regulation of marijuana businesses, including ban or limit on number with voter approval. Exempts medical marijuana collectives from licensing requirements. Summary of estimate by Legislative …


The Murray Ledger And Times, December 22, 2015, The Murray Ledger And Times Dec 2015

The Murray Ledger And Times, December 22, 2015, The Murray Ledger And Times

The Murray Ledger & Times

No abstract provided.


Freedom Of Conscience In War Time: World War I And The Civil Liberties Path Not Taken, Laura Weinrib Dec 2015

Freedom Of Conscience In War Time: World War I And The Civil Liberties Path Not Taken, Laura Weinrib

Public Law and Legal Theory Working Papers

No abstract provided.


Police Perceptions Of Their External Legitimacy In High And Low Crime Areas Of The Community, Justin Nix Dec 2015

Police Perceptions Of Their External Legitimacy In High And Low Crime Areas Of The Community, Justin Nix

Criminology and Criminal Justice Faculty Publications

Until recently, police legitimacy research has primarily focused on citizen perceptions of the police. However, it may be that the police believe citizens associate other factors, such as distributive justice or performance, with legitimacy. The present study adds to the literature by surveying a nationally representative sample of U.S. police officers about how they believe citizens residing in high and low crime areas of the community evaluate police in terms of legitimacy. Findings suggest that respondents believe procedural justice and distributive justice are important to citizens of both areas in terms of generating trust. At the same time, respondents believe …


Kevlar™ For The Innocent: Why Modeling Gun Regulation After Great Britain, Australia, And Switzerland Will Reduce The Rate Of Mass Shootings In America, Ashley Mata Dec 2015

Kevlar™ For The Innocent: Why Modeling Gun Regulation After Great Britain, Australia, And Switzerland Will Reduce The Rate Of Mass Shootings In America, Ashley Mata

California Western International Law Journal

No abstract provided.


Drive Toward Freedom: African American: The Story Of Black Automobility In The Fight For Civil Rights, Xavier Macy Dec 2015

Drive Toward Freedom: African American: The Story Of Black Automobility In The Fight For Civil Rights, Xavier Macy

Masters Theses, 2010-2019

Looking across the 20th century, this thesis seeks to understand the relationship African Americans developed between automobility and the fight for civil rights, filling a gap left in the historiography of both the automobile and the Civil Rights Movement. Historians of the automobile have almost exclusively focused their lens on white suburbia and the “autotopias” that Americans created, while historians of the Civil Rights Movement ignored the automobile entirely. This thesis hopes to begin to fill that void by explaining how African Americans exploited the technological system of the automobile to create forms of transportation accessible to African American …


The End Of Law: The Isil Case Study For A Comprehensive Theory Of Lawlessness, Frédéric Gilles Sourgens Dec 2015

The End Of Law: The Isil Case Study For A Comprehensive Theory Of Lawlessness, Frédéric Gilles Sourgens

Fordham International Law Journal

This Article has five parts. Part I sets out and adopts the basic premises of the jurisprudential perspective championed by Professor Reisman and sketches his argument that legal solutions can always be fashioned in a meaningful and realistic manner. Part II discusses the development of ISIL in the Middle East. Part III analyzes the lawlessness problem created by ISIL for the affected local communities and explains how loss of control, left unattended, transforms into a loss of authority of prescription by destroying the social fabric needed for legal processes to have meaning. Part IV develops how municipal lawlessness has a …


Isso Newsletter, December 18, 2015, University Of Northern Iowa. International Students And Scholars Office. Dec 2015

Isso Newsletter, December 18, 2015, University Of Northern Iowa. International Students And Scholars Office.

ISSO Weekly Newsletter

Inside This Issue:

--ISSO Winter Break Office Hours
--Winter Clothing Drive December 14-18
--Winter Break On Campus Dining Hours
--International Students Living on Campus Late Departure Procedures
--Winter Break Travel Reminder
--Change in the Pharmacy Specialist Used for SHIP Health Insurance
--Money Matters
--Live Like a Student Financial Literacy Classes
--Transit Financial Literacy
--The Sue Follon Scholarship for Women in Leadership
--For Sale and Sublease Ads


2015-12-18-New Employees, University Marketing And Communications, East Tennessee State University Dec 2015

2015-12-18-New Employees, University Marketing And Communications, East Tennessee State University

Accent [newsletter]

No abstract provided.


Covernance: Feminist Theory, The Islamic Veil, And The Strasbourg Court's Jurisprudence On Religious Dress-Appearance Restrictions, Amina Haleem Dec 2015

Covernance: Feminist Theory, The Islamic Veil, And The Strasbourg Court's Jurisprudence On Religious Dress-Appearance Restrictions, Amina Haleem

DePaul Journal of Women, Gender and the Law

This paper explores how the human right of religious freedom has been conceptually and pragmatically developed under international law within the European Court of Human Rights as applied to veiled Muslim women. This paper analyzes the application of human rights guarantees as established in the European Convention on Human Rights and case law established by the European Court that has interpreted international documents to determine the religious freedoms of veiled Muslim women in the public sphere. The analytical framework identifies the divergence between liberal and third wave feminist approaches to the Islamic veil, and identifies the feminist approaches to international …