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Mirandizing Terrorism Suspects? The Public Safety Exception, The Rescue Doctrine, And Implicit Analogies To Self-Defense, Defense Of Others, And Battered Woman Syndrome, Bruce Ching

Journal Articles

This article argues that in creating the public safety exception to the Miranda requirements, the Supreme Court implicitly analogized to the criminal law doctrines of self-defense and defense of others. Thus, examining the justifications of self-defense and defense of others can be useful in determining the contours of the public safety exception and the related "rescue doctrine" exception. In particular, the battered woman syndrome -- which is recognized in a majority of the states and has been successfully invoked by defendants in some self-defense cases -- could provide a conceptual analogue for arguments about whether law enforcement officers were faced …

Youth Matters: The Need To Treat Children Like Children, Vincent M. Southerland

Faculty Articles

In 2012, the United States Supreme Court's decisions in Miller v. Alabama and Jackson v. Hobbs marked a sea change in the sentencing of children convicted of serious offenses. Miller ended mandatory life without parole sentences for youth who committed crimes when they were under the age of 18. The Court looked to the fundamental distinction between youth and adults to impose a categorical bar on mandatory life without parole sentences for adolescents. This article surveys the state of juvenile sentencing two decades before Miller emerged. In the early 1990s, racial stereotypes about the perceived typical juvenile criminal transformed the …

Disproportionate Contact: Youth Of Color In Maine's Juvenile Justice System, Robyn Dumont, Erica King Msw, George Shaler Mph

Justice Policy

Research staff at the USM Muskie School work in partnership with Maine’s Juvenile Justice Advisory Group (JJAG) in support of the goal of producing information to enhance Maine’s understanding of disproportionate minority contact (DMC) in the state. This research documents the rate of disproportionate minority contact (DMC) for youth involved in Maine’s juvenile justice system, differences in pathways to detention for youth of color, and the experiences of youth and families of color who have had contact with Maine’s juvenile justice system. It uses a relative rate index (RRI) to demonstrate how youth of color are treated in comparison to …

Trans People And Legal Recognition: What The U.S. Federal Government Can Learn From Foreign Nations, Amy Rappole

Maryland Journal of International Law

No abstract provided.

Customs Law, Jennifer Diaz, Brandi B. Frederick, Shannon Fura, Yankun Guo, Jamie Joiner, Greg Kanargelidis, Daniel L. Kiselbach, Ryan Mcclure, Bethany Nelson, Rebecca A. Rodriguez, David Salkeld, Trice Stabler, Cyndee Todgham-Cherniak, Nghia "Neo" T. Tran, George Tuttle Iii, Luis Valdez Jimenez, Vicky Wu

The International Lawyer

This article summarizes important developments in 2014 in customs law, including U.S. judicial decisions, trade, legislative, administrative, and executive developments, as well as Canadian and European legal developments.

Varying Levels Of Morality Awareness In Corrections Officers, William L. Hanna

Walden Dissertations and Doctoral Studies

Morality has been a focus in criminal justice with recent events involving officers. This quantitative study offered research in the criminal justice field regarding the moral awareness of corrections officers. The main research question investigated the relationship between the security level of the prison unit in which a corrections officer works and his or her level of morality awareness. The study surveyed corrections officers of prison units in the Ohio Department of Rehabilitations and Corrections and focused on morality awareness of corrections officers. The independent variable was the security level of the prison unit worked in. The dependent variables were …

The Mediating Role Of Payout In The Relationship Between Private Foundations And Grantee Organizations' Financial Health, Angie Kim

Walden Dissertations and Doctoral Studies

Although private foundations are assumed to be beneficial, their impact on grantee organizations is not well understood. This quantitative research explored how private, nonoperating foundations influence grantees' financial capacity to pursue their missions. Principal-agent theory was applied to rationalize foundations' social good purpose, along with subsidy theory of public charities' need for capital accumulation, thus comprising a unique framework for identifying pathways of relationships amongst influencer variables of foundations' operating characteristics; the outcome of grantees' months of unrestricted, liquid net assets (MULNA); and the mediator of foundations' payout rate. Multiple regression and indirect effects analyses of data on 612 cases …

Critical Factors In Police Use-Of-Force Decisions, Orville Nickel

Walden Dissertations and Doctoral Studies

This study investigated law enforcement officers' perceptions of the legal, normative, and practical considerations that are implicit in their decisions when faced with using physical force. Law enforcement officers observe and protect fundamental human rights. A significant problem, however, is that physical force is sometimes misused, impacting public confidence in police services. The study was framed by Durkheim's conflict theory and Beirie's concepts of police corporate culture and social control. It used a grounded theory method and predeveloped case scenarios presented to 2 male focus groups of 7 and 6 participants respectively, and 2 female focus groups of 5 and …

Transformational Leadership And Safe Driving Performance In The U.S. Electric Utility Industry, Mackington Joseph

Walden Dissertations and Doctoral Studies

Transformational leadership (TL) has been found popular in many industries in the United States and abroad for the perceived transformational leaders' effectiveness in improving occupational safety. There is a lack of empirical evidence to confirm these claims for safe occupational driving. This phenomenological study attempted to fill this knowledge gap in the electric utility industry where employees must drive in all weather conditions to restore power to customers. The conceptual framework for the study was based on leadership and motivation theories of Burns and Maslow. The research questions explored the influence of (a) TL on safe driving performance improvement in …

A Comparison Of Regional Health Care Structures For Emergency Preparedness, Leslie Porth

Walden Dissertations and Doctoral Studies

Since 2001, increased policy attention and federal funding mechanisms have required more effective disaster response by government actors and private sector organizations, including the health care system. However, there is limited scholarly evidence documenting which structural elements have been associated with efficacious regional coalitions. This study addressed the gap by examining whether the number of different participating disciplines (a proxy for coalition roles), community setting, and prior weather-related disaster declaration influenced the number of activities (a proxy for coalition responsibilities) conducted by the health care coalition. Social network theory was the theoretical lens with which the study results were used …

Predictors Of Recidivism For Offenders With Mental Illness And Substance Use Disorders, Linda Buckmon

Walden Dissertations and Doctoral Studies

Mental illness and substance use disorders have been determined to be leading predictors for recidivism among criminal offenders in the United States who are released to community supervision. Women make up an increasing in percentage of this criminal justice population; however, few studies have explored the role that gender plays in determining men and women's recidivism. Offender's education, employment, and peer association have also been reported to be predictors increasing the likelihood of recidivism among criminal offenders. This study was designed to determine if gender, mental illness, substance use disorder, employment, education, and peer association predicted recidivism. Differential association theory …

Interagency Coordination Of Security Operations In A Large U.S. Seaport, Edmund Levy

Walden Dissertations and Doctoral Studies

Protecting U.S. transportation hubs against a wide variety of security threats, while avoiding undue interference with the normal operations of the hubs, is one of the greatest challenges facing security agencies. The problem addressed in this study was the limited information on the contributing factors to seaport security. The purpose of this case study was to explore issues that can inhibit efficiency of security agency operation and collaboration and to identify actions that have enhanced collaboration. Based on theories of organizational development, leadership, and security tradecraft, this study examined the activities related to maintenance of security at a large California …

Predictors Of Community Supervision Failures Among Female Offenders, Fayola Wolfe

Walden Dissertations and Doctoral Studies

This study explored the predictors of community supervision failures amongst female offenders in the United States criminal justice system. Female offenders have, in comparison with male offenders, particular challenges for community reintegration. This study used the relational theory and Maslow's hierarchy of needs theory to investigate the effects of childhood trauma on adult female offenders' behaviors, including substance use disorder and mental health issues. Secondary archival data were obtained from the Court Services and Offender Supervision Agency's AUTO Screener and Supervision and Management Automated Record Tracking System; this data pool included information on 1,085 female offenders who had served at …

2015-Pharmacy Scholarship Established At Etsu In Honor Of The Late Don Kilday, Bill Gatton College Of Pharmacy, East Tennessee State University, University Marketing And Communication, East Tennessee State University

ETSU News

JOHNSON CITY, Tenn. (Sept. 11, 2024)—Student pharmacists at East Tennessee State University Bill Gatton College of Pharmacy are helping remove outdated and unneeded prescription medications as part of an upcoming safe medication drop-off event on ETSU’s main campus on Saturday, Sept. 28, from 9 a.m.-1 p.m. The event takes place in parking lot 22a, which is the large lot next to the ETSU Parking Garage and near the Basler Center for Physical Activity. Turn onto Jack Vest Drive on main campus from either State of Franklin Road or J.L. Seehorn, Jr Road.

The safe medication drop-off will allow the public …

New York City Rules! Regulatory Models For Environmental And Public Health, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

Scholars have become increasingly interested in facilitating improvement in environmental and public health at the local level. Over the last few years, former New York City Mayor Michael Bloomberg and the New York City Council have proposed and adopted numerous environmental and public health initiatives, providing a useful case study for analyzing the development and success (or failure) of various regulatory tools, and offering larger lessons about regulation that can be extrapolated to other substantive areas. This Article, first, seeks to categorize and evaluate these “New York Rules,” creating a new taxonomy to understand different types of regulation. These “New …

United States V. George Tenet: A Federal Indictment For Torture, William J. Aceves

Faculty Scholarship

This Article addresses the absence of accountability for torture in the War on Terror. Part II examines the U.S. obligation under international law to investigate and prosecute acts of torture regardless of where such acts occurred. It also reviews the domestic legislation that implements this international obligation. Adopted by Congress to implement the Convention against Torture, the Torture Statute (18 U.S.C. § 2340A) establishes criminal liability for torture committed outside the United States. Part III then reviews the first and only case ever brought under the Torture Statute. Roy Belfast, Jr., a U.S. citizen, was prosecuted and subsequently convicted in …

Civil Or Criminal?: Deciding Whether A Law May Be Applied Retrospectively Yet Constitutionally In Missouri. State V. Wade, Timothy M. Guntli

Missouri Law Review

This Note begins by discussing the facts and holding of Wade. Next, this Note examines generally the legal background and history of bans on ex post facto laws and on laws retrospective in their operation in Missouri. Then, this Note explains recent precedent regarding such bans, particularly in the context of sex offender registration statutes. After the discussion of precedent, this Note explores the analyses of the majority, concurring, and dissenting opinions in Wade. Finally, this Note concludes with a critique of these analyses in the instant decision and contemplates the future effects of the court’s decision.

A Missouri Citizen’S Guide To Red Light Cameras, Joe Conlon

Missouri Law Review

Red light cameras are a hotly debated issue in Missouri. Many supporters argue that red light cameras reduce accidents and save lives.1 Those opposed claim the cameras do more harm than good.2 This Summary provides a brief background on red light cameras and their early use in Missouri. This Summary then discusses the recent development in red light camera laws, including the string of recent Missouri court cases dealing with the issue, as well as proposed state legislation. Finally, this Summary discusses possible legal arguments one can present in court in the event that he or she is accused of …

Journal Of Sociology And Social Welfare Vol. 42 No. 3 (September 2015)

The Journal of Sociology & Social Welfare

AN EXAMINATION OF THE NEW YORK STATE WORKERS' COMPENSATION REFORM ACT OF 2007 Julia Ostrov

REFRAMING NEW FRONTIERS FOR INDIGENOUS PEOPLES Hilary Weaver

SOCIAL WORK ADVOCACY: PROFESSIONAL SELF-INTEREST AND SOCIAL JUSTICE Mary Ellen Brown, Michelle Livermore, and Annahita Ball

WHO'S LEFT OUT: CHARACTERISTICS OF HOUSEHOLDS IN ECONOMIC NEED NOT RECEIVING PUBLIC SUPPORT Vincent A. Fusaro

APPLYING SEN'S CAPABILITY APPROACH TO UNDERSTAND WORK AND INCOME AMONG POOR PEOPLE IN INDIA Mahasweta M. Banerjee

RELATIONSHIP-BASED JUSTICE FOR GENDER RESPONSIVE SPECIALTY COURTS Margaret H. Lloyd

RACE-GENDER DIFFERENCES IN THE IMPACT OF HISTORY OF HEAVY DRINKING ON CURRENT ALCOHOL CONSUMPTION DURING THE TRANSITION TO …

Property Rights—When Reform Is Not Enough: A Look Inside The Problems Created By The Civil Asset Forfeiture Reform Act Of 2000, Jennifer Levesque

Western New England Law Review

No abstract provided.

Large Dynamic Range Amplifier Plus Adc, Ted Hsueh

Electrical Engineering

Nerve and muscle signal sampling proves difficult because of the large difference in magnitudes. Muscle signals loom a hundred or even a thousand times bigger and can hide the nerve signals. The Large Dynamic Range Amplifier plus Analog to Digital Converter (ADC) allows one device to retrieve both muscle and nerve signal information. The device has two parts: the ability to take high-resolution data from tenths of microvolts to several millivolts and filter out environmental noise, such as 60 Hz of electrical power lines or electro galvanic signals. This gives the ability to read muscle and nerve signals using one …

An Environmental Understanding Of The Local Land Use System, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This Article is adapted from Chapter Three of John R. Nolon, Protecting the Environment Through Land Use Law: Standing Ground, published in 2014 by ELI Press. The book updates and expands on the author’s previous work, describing in detail how localities are responding to new challenges, including the imperative that they adapt to and help mitigate climate change and create sustainable neighborhoods. This Article outlines a comprehensive framework for understanding how traditional local land use authority can be used to preserve natural resources and environmental functions at the community level.

Have You Ever...? How State Bar Association Inquiries Into Mental Health Violate The Americans With Disabilities Act, Alyssa Dragnich

Brooklyn Law Review

No abstract provided.

Qualified Immunity And Post-Release Supervision: Defining A Right, Connor O'Shea

Brooklyn Law Review

No abstract provided.

A Cyber Age Privacy Doctrine: More Coherent, Less Subjective, And Operational, Amitai Etzioni

Brooklyn Law Review

No abstract provided.

Improving The Federal Procedure For Imposing Recycled Conditions Of Supervised Release, Jonathan R. Myers

Brooklyn Law Review

No abstract provided.

An Impaired State Of The Law: Why New York's Approach To Linguistic Minorities And Roadway Safety Is Shortsighted, Shaunak Shah

Brooklyn Law Review

No abstract provided.

Breaching And Entering: When Data Scraping Should Be A Federal Computer Hacking Crime, Myra F. Din

Brooklyn Law Review

The Computer Fraud and Abuse Act (CFAA) is a federal statute designed to combat computer hacking. The Act proscribes accessing data without authorization. Federal circuits have interpreted “authorization” both broadly and narrowly, resulting in a circuit split. Whereas the First, Fifth, and Eleventh Circuits have held that misuse of computer access can constitute hacking under the CFAA, the Fourth and Ninth Circuits have held that scrapers must circumvent a code or technical barrier in order to satisfy the CFAA’s mens rea requirement. This note focuses on the conduct of data scrapers. Scrapers are computer programs that aggregate data from various …

Restructuring Clemency: The Cost Of Ignoring Clemency And A Plan For Renewal, Rachel E. Barkow, Mark Osler

University of Chicago Law Review

No abstract provided.

"Entick V Carrington" And "Boyd V United States": Keeping The Fourth And Fifth Amendments On Track, Richard A. Epstein

University of Chicago Law Review

No abstract provided.