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Race Ethnicity & Youth Perception Of School Safety, Sterling Jose Jackson

Wayne State University Theses

This study investigates how race/ethnicity, sex, and age influence students' perceptions of school safety. Students' perception of being safe and their concerns about violence while attending school are paramount to academic and social development. In a national survey teens were queried regarding various subject matters. The type of school attended was important within the survey being private, public, and parochial. The findings of this investigation purport that blacks are more likely than whites to be concerned about school violence and safety. Schools with an inability to provide a safe learning environment for students may experience adverse outcomes regarding students' academic …

Airbnb And The Housing Segment Of The Modern Sharing Economy: Are Short-Term Rental Restrictions An Unconstitutional Taking, Jamila Jefferson-Jones

Law Faculty Research Publications

No abstract provided.

Airbnb And The Housing Segment Of The Modern Sharing Economy: Are Short-Term Rental Restrictions An Unconstitutional Taking, Jamila Jefferson-Jones

Law Faculty Research Publications

No abstract provided.

Housing-Related Migration In The Marcellus Shale Region Of Pennsylvania, Annette M. Mackay

Electronic Theses and Dissertations

Since 2008, hydraulic fracturing of natural gas, or "fracking," has brought economic and environmental changes to localities in the Marcellus Shale region in Pennsylvania. In some rural counties, the sudden influx of activity associated with gas extraction created boomtowns, whereas urban areas saw an economic revival after years of stagnation that followed the collapse of the steel industry. To what degree does in-migration from the natural gas industry account for changes observed in daily living in these areas? Dimensions of social disruption have implications for population mobility, however the nature of mobility, community, and place attachment provide explanations why people …

Judicial Doctrine As Risk Regulation, Michael B. Kent Jr., Brannon P. Denning

Scholarly Works

Much of the literature on risk regulation concerns "first-order" risks--e.g., those addressed by environmental law or workplace safety rules. But scholars recently have suggested that risk regulation can provide a helpful framework for thinking about "second-order," or political, risks arising from allocations of power and institutional design. Although a few commentators have utilized this perspective to suggest connections between risk regulation and particular areas of constitutional law, in this essay we take a broader view. Building on the existing literature, we argue that the selection of constitutional decision rules is a judicial effort to regulate the political risk that government …

Hands-Tied Hiring: How The Eeoc’S Individualized Assessment Is Taking Discretion Away From Employers’ Use Of Criminal Background Checks, Carrie Valdez

Cleveland State Law Review

This article argues that the 2012 EEOC Guidance should not be given deference by the courts. Specifically, the Guidance’s individualized assessment, which imposes a heightened requirement on employers to justify their background check policies, is problematic in three important ways. First, the individualized assessment places an impractical burden by what it requires and whom it requires to conduct such an assessment. Second, employer liability for negligent hiring may actually increase if employers perform individualized assessments. Finally, the practical effect of the individualized assessment may be decreased employer reliance on criminal background checks, and the result will likely not be a …

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Fourth And Fifth Amendment Decisions: Students And Constitutional Rights, Larry L. Kraus, Robert L. Stevens

Education Faculty Publications and Presentations

The article reviews constitutional rights for students, focusing on the 4th and 5th amendment.

Placing The Seal On A Fractured Debate: How North Carolina Clarified Its Law Of Hydraulic Fracturing And Can Strike The Right Balance With Preemption Of Local Regulation, Bryan M. Weynand

North Carolina Law Review

No abstract provided.

Confronting Totalitarianism At Home: The Roots Of European Privacy Protections, Hannah Bloch-Wehba

Faculty Scholarship

In the last several years, a consensus has developed that a wide gulf exists between European and American privacy law, although division still exists on whether European law is “more protective” or simply “home to different intuitive sensibilities” than American law. Existing research on the development of European privacy law has focused on two areas: nineteenth-century traditions of honor and dueling, which gave rise to a concept of privacy linked to dignity, and the totalitarian dictatorships of the twentieth century, in reaction to which privacy protected liberty. This Article offers a contrasting view by showing that European privacy law in …

The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz

Faculty Scholarship

Decades after passage of the historic Voting Rights Act, so much has changed. And yet, so much remains the same.

Racial minorities are registering to vote and turning out at the ballot box in record numbers. However, they remain under-represented in local elected positions and virtually excluded from national and state political office. Latinos, for example, are the largest racial minority in the U.S. at approximately 17% of the population, but only 3.3% of elected offices are held by Latinos. In states that until recently were covered by the Voting Rights Act (VRA), such as Texas, Alabama, Mississippi, and Louisiana, …

A Free Start: Community-Based Organizations As An Antidote To The Mass Incarceration Of Women Pretrial, Amber Baylor

Faculty Scholarship

In 1973, the feminist newsmagazine Off Our Backs featured a segment on women in jail awaiting trial in Washington, D.C. Many of the women faced minor charges, such as soliciting prostitution, but remained in detention because they could not afford to pay even very low amounts of monetary bail. The magazine interviewed Myrna Raeder, then a fellow at Georgetown, and other attorneys involved in a class action suit against D.C. corrections, who argued that low-income women were unjustly subjected to the punitive effects of pretrial detention, in violation of their due process rights. Raeder reported to the newsmagazine, “as a …

Juvenile Transfer To Adult Criminal Court: Why Transfer Is Not The Best Method In Addressing Juvenile Delinquency, Sarah E.S. Kukino

CMC Senior Theses

Reducing juvenile delinquency is an important issue because today’s juvenile population will become the next generation of contributing members to society. Therefore, the juvenile justice system is faced with the challenge of creating effective methods of decreasing delinquency and providing necessary treatment to juvenile offenders. Legislators implemented juvenile transfer to adult criminal court with the intent of increasing punishments in order to deter future juvenile crime and to hold juvenile offenders accountable for their criminal behavior. This paper shows why juvenile transfer is not an effective method in addressing the issues of juvenile delinquency by looking at several studies that …

Better Measurement Of Governments Through The Application Of Accrual Accounting For Government-Wide Financial Statements, Caleb D. Cunha

CMC Senior Theses

In this paper, we will look at and discuss the differences and similarities between governmental entities and for-profit business. We will mainly discuss the different goals, purposes, users, and issues between government and for-profit accounting in order to show that changes to governmental accounting standards would lead to more transparency and accountability, which in turn would help determine the success of an individual governmental entity. We will conclude by looking at countries that have implemented accrual accounting for government-wide financial statements, and we will explain how the adoption of accrual accounting for government-wide financial statements in the United States will …

A Philosophical Analysis Of California Determinate Sentencing, Three Strikes, And Realignment, Madeline Stein

CMC Senior Theses

This thesis explores the relationship between philosophy and policy in the context of three California policies, Determinate Sentencing, Three Strikes, and Realignment. The philosophy portion includes theories of retribution, deterrence, and rehabilitation, focusing on the tensions and conflicts within them.

Law As An Ally Or Enemy In The War On Cyberbullying: Exploring The Contested Terrain Of Privacy And Other Legal Concepts In The Age Of Technology And Social Media, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

This article focuses on the role and limits of law as a response to cyberbullying. The problem of cyberbullying engages many of our most fundamental legal concepts and provides an interesting case study. Even when there is general agreement that the problem merits a legal response, there are significant debates about what that response should be. Which level and what branch of government can and should best respond? What is the most appropriate legal process for pursuing cyberbullies—traditional legal avenues or more creative restorative approaches? How should the rights and responsibilities of perpetrators, victims and even bystanders be balanced? Among …

The History Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia

Faculty Scholarship

This Article describes the historical role of prosecutorial discretion in immigration law and connects this history to select executive actions announced by President Obama on November 20, 2014.

Mandatory Reporting Of Campus Sexual Assault And Domestic Violence: Moving To A Victim-Centric Protocol That Comports With Federal Law, Jill C. Engle

Faculty Scholarship

This Article will examine "mandatory reporting" of campus domestic violence and sexual assault' by faculty members when a student discloses this kind of incident to them. This Article describes the legal and social landscape of mandatory reporting and the attendant challenges, along with the policies and practices that colleges should adopt for faculty reporting to comply with federal law while still remaining sensitive to victim needs.

Law As An Ally Or Enemy In The War On Cyberbullying: Exploring The Contested Terrain Of Privacy And Other Legal Concepts In The Age Of Technology And Social Media, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

This article focuses on the role and limits of law as a response to cyberbullying. The problem of cyberbullying engages many of our most fundamental legal concepts and provides an interesting case study. Even when there is general agreement that the problem merits a legal response, there are significant debates about what that response should be. Which level and what branch of government can and should best respond? What is the most appropriate legal process for pursuing cyberbullies—traditional legal avenues or more creative restorative approaches? How should the rights and responsibilities of perpetrators, victims and even bystanders be balanced? Among …

Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina S. Warren

Faculty Scholarship

It goes by many names: cannabis, marijuana, pot, chronic, grass, reefer, shwag, Mary Jane. Whatever the name, the trend is clear: the weed is legal but the herb ain’t green. Nearly half of all U.S. states have enacted—or have pending— legislation to legalize, decriminalize, or in some way permit the use and cultivation of marijuana. As a result, marijuana has become a significant topic of conversation in the U.S.— especially in the areas of social policy and criminal law. One conversation yet to reach fruition, however, is the industry’s projected impacts on energy demand and the climate. As the industry …

Prison Overcrowding: A Comprehensive Evaluation Tool For Early Release, Thomas Stasa

Honors Projects

Prison overcrowding has become a topic of national conversation over the last decade. Numerous court cases have come to fruition because of the poor living conditions experienced by inmates while incarcerated. Prior court cases, such as Estelle v. Gamble (1976) and Brennan v. Farmer (1994), have ruled that inmates must be afforded the constitutional rights established under the Eighth Amendment while incarcerated. Recent court cases, including Plata v. Brown (2011), have affirmed inmates’ claims that current prison conditions are a violation of these constitutional rights. To correct these violations, prisons must reduce their populations below a court established maximum. This …

The Impact Of Public Service Motivation On Reentry Managers' Decision-Making Practices, Marie Pryor

Electronic Theses and Dissertations

The goal of this exploratory study is to examine the effects of public service motivation (PSM) in predicting decision-making of criminal justice personnel (reentry managers) in the management of former prisoners. The overarching research question seeks to answer if, and in what way, PSM score influences reentry managers' approach to their work with the formerly incarcerated, who are in transition from prison back into the community. The main assumption of this study is that those reentry managers with a higher PSM score will be more inclined to take an assistance oriented approach with former prisoners and be more likely to …

The Bulletin, Undergraduate Catalog 2015-2016 (2015), Minnesota State University Moorhead

Undergraduate Bulletins (Catalogs)

No abstract provided.

Graduate Bulletin, 2015-2016, Minnesota State University Moorhead

Graduate Bulletins (Catalogs)

No abstract provided.

Adult Justice In Nebraska 2015, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Jared Ellison, Ryan E. Spohn

Reports

The Nebraska Center for Justice Research was established in 2014 with a mission to develop and sustain research capacity internal to the State of Nebraska. Our hope is to assist the Legislature in research, evaluation, and policymaking to reduce recidivism, promote the use of evidence-based practices, and improve public safety. The primary purpose of this report is to provide an overview of recent trends in Nebraska’s adult criminal justice system. Most of the data in this report is presented statewide as well as separated into Nebraska’s twelve judicial districts. Nebraska’s two most metropolitan counties are represented by District 4 (Douglas …

Development Of Population Protective Procedures For A Radiological Event, Daniel A. Baker

Master of Public Health Program Student Publications

Objective: The purpose of this investigation was to evaluate the execution of emergency preparedness procedures of the west central Ohio region during a radiological event. Preparedness plans were generated by the Dayton Metropolitan Medical Response System and Public Health – Dayton and Montgomery County, which would later be disseminated to eight counties in west central Ohio.

Methods: Two live scenarios, a region-wide functional exercise and a Medical Reserve Corps training exercise, were used to test different procedures and protocols for a radiological event relevant to various first response agencies (public health, law enforcement, emergency medical systems, hospitals, etc.). Exercise evaluation …

Infecting The Body Politic: Observations On Health Security And The "Undesirable" Immigrant, Polly J. Price

Faculty Articles

Sovereign nations may refuse admission to migrants who are either physically or mentally ill or disabled. Nations have commonly preferred an ideal class-the physically and mentally healthy-to the "undesirable" migrant who is unhealthy or disabled. Both exclusions are traditionally justified as a nation's prerogative to choose its membership. Nations defend exclusionary safeguards by the need to protect their citizens against contagions from the outside world. Immigrants who are physically or mentally disabled do not pose the same threat, but they may require state services and support, what U.S. immigration law terms a "public charge." Mental illness is a different category …

Sealing The Record: An Analysis Of Jurisdictional Variations Of Juvenile Sex Offender Record Sealing Laws, Nori Wieder

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer

Richmond Journal of Law & Technology

The next great wave of Internet-enabled innovation has arrived, and it is poised to revolutionize the way humans interact with the world around them. This paper highlights some of the opportunities presented by the rise of the so-called Internet of Things (IoT) in general and wearable technology in particular and encourages policymakers to allow these technologies to develop in a relatively unabated fashion.

Ending Drunk Driving With A Flash Of Light, Andrew Sullivan

Richmond Journal of Law & Technology

Drunk driving exacts an enormous toll on our society. Every year, alcohol-driven crashes kill over ten thousand people, injure hundreds of thousands more, and cost the national economy tens of billions of dollars. States largely have been left to combat this problem through their own criminal regimes. Among the methods used to combat drunk driving is mandating a person convicted of driving under the influence/driving while intoxicated3 install an ignition interlock device (“IID”) in her vehicle as a condition of restoring her driving privileges.