Digital Commons Network^™

Recent Children's Policy And Legislative Developments In Virginia: A Brief History, A Bright Future, Christopher K. Peace, Jay Leftwich

Richmond Public Interest Law Review

In this piece, we will outline the structural and policy developments implemented in Virginia in recent years that set the stage for a sea change in children’s services in Virginia.

"I Now Pronounce You Husband And Wives": The Case For Polygamous Marriage After United States V. Windsor And Burwell V. Hobby Lobby Stores, Peter N. Swisher

Law Faculty Publications

The purpose of this article is to question the continuing validity of Reynolds in light of subsequent United States Supreme Court deci- sions, including-most recently-UnitedStates v. Windsor and Burwell v. Hobby Lobby Stores, Inc. Based upon these subsequent Supreme Court decisions, and the Religious Freedom Restoration Act of 1993, proponents of polygamous marriage now have a very strong case for validating polygamous marriages on cultural, religious, and constitutional grounds.

Jrnl 351.01: Intermediate Video / Television Directing, Raymond G. Ekness

University of Montana Course Syllabi

No abstract provided.

The Supreme Court And The Transformation Of Juvenile Sentencing, Elizabeth S. Scott, Thomas Grisso, Marsha Levick, Laurence Steinberg

Faculty Scholarship

In the past decade, the Supreme Court has transformed the constitutional landscape of juvenile crime regulation. In three strongly worded opinions, the Court held that imposing harsh criminal sentences on juvenile offenders violates the Eighth Amendment prohibition against cruel and unusual punishment. In combination, these cases create a special status for juveniles under Eighth Amendment doctrine as a category of offenders whose culpability is mitigated by their youth and immaturity, even for the most serious offenses. The Court also emphasized that juveniles are more likely to reform than adult offenders, and that most should be given a meaningful opportunity to …

Introduction: War Measures And The Repression Of Radicalism, 1914-1939, Barry Wright, Eric Tucker, Susan Binnie

Articles & Book Chapters

This fourth volume in the Canadian State Trials series, Security, Dissent, and the Limits of Toleration in War and Peace, 1914–1939, brings readers to the period of the First World War and the inter-war years. it follows an approach similar to that of others in the series. the central concern remains the legal responses of Canadian governments to real and perceived threats to the security of the state. the aim is to provide a representative and relatively comprehensive examination of Canadian experiences with these matters, placed in broader historical and comparative context.

The Complexity Of Coherence: Justice Lebel’S Administrative Law, Lorne Sossin

Articles & Book Chapters

Justice LeBel carved out a distinctive approach to Administrative Law, one characterized by the search for analytic coherence in a field defined by its diversity. Beginning with concurring judgements in Chamberlain (2002) and CUPE v. City of Toronto (2003), Justice LeBel took issue with the prevailing approach to the standard of review (both its methodology and application) on the grounds of coherence, predictability and workability. In Dunsmuir (2008), Justice LeBel was able to pursue the simplicity, transparency and coherence he believed necessary to reinvigorate Canadian Administrative Law. This study explores the evolution of Justice LeBel's vision of Administrative Law, and …

New Approaches To Old Questions In Gun Scholarship, Joseph Blocher

Faculty Scholarship

No abstract provided.

The Uneasy And Often Unhelpful Interaction Of Tort Law And Constitutional Law In First Amendment Litigation, George C. Christie

Faculty Scholarship

There are increasing tensions between the First Amendment and the common law torts of intentional infliction of emotional distress, defamation, and privacy. This Article discusses the conflicting interactions among the three models that are competing for primacy as the tort law governing expressive activities evolves to accommodate the requirements of the First Amendment. At one extreme there is the model that expression containing information which has been lawfully obtained that contains neither intentional falsehoods nor incitements to immediate violence can only be sanctioned in narrowly defined exceptional circumstances, even if that expression involves matters that are universally regarded as being …

Less Enforcement, More Compliance: Rethinking Unauthorized Migration, Emily Ryo

Faculty Scholarship

A common assumption underlying the current public discourse and legal treatment of unauthorized immigrants is that unauthorized immigrants are lawless individuals who will break the law—any law—in search of economic gain. This notion persists despite substantial empirical evidence to the contrary. Drawing on original empirical data, this Article examines unauthorized immigrants and their relationship to the law from a novel perspective to make two major contributions. First, I demonstrate that unauthorized immigrants view themselves and their noncompliance with U.S. immigration law in a manner that is strikingly different from the prevalent view of criminality and lawlessness found in popular and …

Eco-Environmental Risk Management, Jonathan B. Wiener

Faculty Scholarship

No abstract provided.

Hunting And The Second Amendment, Joseph Blocher

Faculty Scholarship

Debates about the meaning and scope of the Second Amendment have traditionally focused on whether it protects the keeping and bearing of arms for self-defense, prevention of tyranny, maintenance of the militia, or some combination of those three things. But roughly half of American gun-owners identify hunting or sport shooting as their primary reason for owning a gun. And while much public rhetoric suggests that these activities fall within the scope of the Second Amendment, some of the most committed gun-rights advocates insist that the Amendment “ain’t about hunting” and that, no matter their heritage and value, such activities are …

Grand Challenges, Grand Ideas: Ideas For Surmounting The Biggest Challenges Facing The Judiciary And The Legal Profession Today, David F. Levi

Faculty Scholarship

In delivering the Lloyd D. George Lecture on the Judicial Process at UNLV William S. Boyd School of Law last year, Duke Law School Dean David F. Levi laid out “The Grand Challenges for the Legal Profession and the Judiciary.” Following are his lecture and a roundtable discussion among judicial leaders who are responding to the call for new ideas and solutions for these Grand Challenges.

Thinking Globally, Policing Locally: A Model For Decentralized Law Enforcement In Cote D'Ivoire, Hugh H. Mundy

Journal of International Business and Law

No abstract provided.

Investigating The Programmatic Attack: A National Survey Of Veterans Treatment Courts, Julie Marie Baldwin

Journal of Criminal Law and Criminology

Veterans treatment courts (VTCs), a recent emergence from the specialized court movement, target the population of veterans in contact with the criminal justice system. Due to the contemporary nature of their dissemination, published empirical research on VTCs is only beginning to materialize. Additionally, national surveys of specialized courts are rare and typically occur decades after the courts emerge. This Article presents descriptive results regarding the establishment, policy, structure, and procedures of VTCs using data from the first national survey of these courts, conducted in the early stages of their emergence. A national compendium of VTCs (N = 114) was created. …

Transforming Piecemeal Social Engineering Into "Grand" Crime Prevention Policy: Toward A New Criminology Of Social Control, Joshua D. Freilich, Graeme R. Newman

Journal of Criminal Law and Criminology

This Article focuses on the Situational Crime Prevention (SCP) approach in criminology, which expands the crime reduction role well beyond the justice system. SCP sees criminal law in a more restrictive sense, as only part of the anticrime effort in governance. We examine the “general” and “specific” responses to crime problems in the SCP approach. Our review demonstrates that the most serious barrier to converting SCP techniques into policy remains the gap that exists between problem identification and problem response. We discuss past large-scale SCP interventions and explore the complex links between them and SCP’s better known specificity and piecemeal …

The Public Interest Inquiry For Permanent Injunctions Or Exclusion Orders: Shedding The Myopic Lens, P. Andrew Riley, Scott A. Allen

Vanderbilt Journal of Entertainment & Technology Law

President Obama's 2013 veto of a US International Trade Commission (ITC) exclusion order, issued to address Apple Inc.'s infringement of a patent owned by Samsung, thrust the ITC's public interest inquiry into the spotlight. Historically, however, these factors rarely weighed against a remedy at the ITC. Likewise, US district courts have rarely declined to issue a permanent injunction after finding a patent valid and infringed due solely to the public interest factor--the last of the four factors that the Supreme Court put in place in eBay Inc. v. Merc Exchange, L.L.C. More recent decisions addressing the public interest in both …

Drones, Henry H. Perritt Jr., Eliot O. Sprague

Vanderbilt Journal of Entertainment & Technology Law

Drones represent the latest revolution in civilian aviation. The sophisticated miniaturized electronics, electric propulsion systems, low cost, and ability to capture close-in imagery make microdrones attractive assets for aerial activities that have never before been feasible. Larger configurations--machodrones--have longer endurance and range and the capability to fly at higher altitudes. They will complement manned airplanes and helicopters in missions for which their cost proves advantageous or for which manned flight is too hazardous or otherwise undesirable. Specific features of electric propulsion, control systems, and the capability of autonomous flight maneuvers will stimulate new types of missions for microdrones; in other …

Restoring Community Dignity Following Police Misconduct Reforming The Criminal Injustice System: Essay, John Felipe Acevedo

Essays, Reviews, and Shorter Works

No abstract provided.

Nutrition Knowledge, Choices, Attitudes, Bmi, And Height And Weight Perception Among Mississippi Firefighters, Abby Evans

Electronic Theses and Dissertations

The purpose of this study was to determine the nutrition knowledge, nutrition choices, nutrition attitudes, height and weight perception, and current body mass indices (BMI) of recruits at the Mississippi Fire Academy in Jackson, Mississippi and professional firefighters with the Oxford Fire Department in Oxford, Mississippi. All participants were asked directly by in-person visits to complete a voluntary questionnaire to assess their dietary knowledge, choices, and attitudes, body mass indices, and height and weight perception. Recruits varied in age from 18–65 plus years. It was predicted that firefighters would have on average a high BMI, indicating a large prevalence of …

The Use Of Local Tax Dollars In Kentucky Local Health Departments To Sustain Programs From 2009-2013, Crystal A. Miller

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

This is a descriptive “case” study of public health finance in Kentucky, no data from other states were examined. The data used in this study were provided by the Kentucky Department for Public Health (KDPH). The data used in this study are longitudinal (2009-2013) and the core focus of this study is on: 1) changes in funding from the state to the 57-61 local health departments (single county and multi-county district departments) 2009-13, 2) changes in restricted and un-restricted fund reserves among local health departments, and 3) an examination of the local taxing districts and greater reliance on use of …

Four Challenges For Ttip Regulatory Cooperation, Richard Parker

Faculty Articles and Papers

While public debate over trade policy focuses on the Trans-Pacific Partnership (TPP) trade agreement, another mammoth trade agreement is moving forward, more quietly, between two of the three largest economies in the world: The United States (US) and the European Union (EU). The Transatlantic Trade and Investment Partnership (TTIP) aims to create the largest free trade zone in the world, encompassing two huge economies that together comprise nearly half of the world's gross domestic product.

The two sides hope that TTIP will generate more than 200 billion dollars per year in benefits for producers and consumers on both sides of …

Fourth Amendment Fiduciaries, Kiel Brennan-Marquez

Faculty Articles and Papers

Fourth Amendment law is sorely in need of reform. To paraphrase Justice Sotomayor's concurrence in United States v. Jones, the idea that people have no expectation of privacy in information voluntarily shared with third-parties-the foundation of the widely reviled "third-party doctrine "-makes little sense in the digital age.

In truth, however, it is not just the third-party doctrine that needs retooling today. It is the Fourth Amendment's general approach to the problem of "shared information. " Under existing law, if A shares information with B, A runs the risk of "misplaced trust"-the risk that B will disclose the information to …

The Shadow Of Westphalia: Majoritarian Religions And Strasbourg Law, Mark Weston Janis

Faculty Articles and Papers

Throughout Europe, religious majoritarian cultures have been traditionally hostile to minority faiths. The European Court of Human Rights has been slow to apply Article 9, religious tolerance. Albeit, today it is generally accepted that no one religion is destined to become the common faith of Europe, it is still very difficult in European law and politics to say how much each of the 47 Member States of the states of the Council of Europe should be permitted to restrict religious liberty domestically to protect and nurture a majoritarian faith, especially a majoritarian Christian faith. Europe, in many ways, is still …

Exploring The Legal Liability Of Genetically Modified Organisms And Their Impact On Society, Jarrett Davis

HIM 1990-2015

Controversy surrounds the use of Genetically Modified organisms (GMOs): whether the process of developing GMOs should be allowed, and if so, how they should be labeled. Efforts by activist groups have caused food associated with GMOs to carry a stigma, but farmers across the nation are fighting to continue to grow GMO crops and maximize their yield. In the 1970’s, GMOs were credited for assisting in the attempt to defeat world hunger and had a positive image. However, there has been a recent trend toward political and consumer resistance of food items that contains GMOs. A prediction of an abrupt …

From “Safe Spaces” To “Communicative Spaces”: Semiotic Labor, Authentic Civility And The Basic Communication Course, Hannah Karolak, Craig T. Maier

Journal of the Association for Communication Administration

Difficult conversations and controversial topics are common in the basic communication classroom, raising difficult challenges for course directors, instructors, and students. In response to this problem, many in higher education promote the development of “safe spaces.” Drawing from Eicher-Catt’s work on civility, this essay suggests shifting the focus from safe spaces to the development and maintenance of what Eicher-Catt calls communicative spaces. The notion of communicative spaces, when extended into the classroom, reorients our understanding of classroom civility and suggests practices for course directors, instructors, and students that affirm the dignity of students by attending not to their emotional needs …

2015-2016 Student Handbook, Nova Southeastern University

Huizenga Postgraduate Course Catalogs

No abstract provided.

The Politics Of The Bail System: What's The Price For Freedom., Lydia D. Johnson

The Scholar: St. Mary's Law Review on Race and Social Justice

The only factor determining the release of a defendant from custody before his trial date is money. The government should eliminate the current bail system and replace it with mandated pre-trial release unless the state can prove the defendant to be a flight risk or a danger to society. This bail system has an adverse economic impact on minorities and on poor communities. Some states have used their constitutions to implement pre-trial release. Texas has four constitutional provisions which would permit similar implementations. However, clashing political ideologies and institutional alliances continue to prevent the construction of a workable solution. Dismantling …

Estimating The Prevalence Of Entrapment In Post-9/11 Terrorism Cases, Jesse J. Norris, Hanna Grol-Prokopczyk

Journal of Criminal Law and Criminology

How many of the terrorism convictions since September 11, 2001 have been the product of entrapment? Some scholars and journalists have suggested that the number is quite high. One report went so far as to claim that only 1% of terrorism prosecutions involve “real” terrorism. The government’s defenders, at the opposite extreme, come close to saying that entrapment in a terrorism case is a contradiction in terms.

Little empirical basis exists for evaluating these competing claims. Existing literature on terrorism and entrapment is typically based on detailed discussions of a few egregious cases, rather than systematic analysis of the phenomenon. …

The Unindicted Co-Ejaculator And Necrophilia: Addressing Prosecutors' Logic-Defying Responses To Exculpatory Dna Results, Jacqueline Mcmurtrie

Journal of Criminal Law and Criminology

This article addresses a prosecutor’s development of new and bizarre theories, particularly in cases involving confession evidence, to explain away exculpatory DNA results. In Juan Rivera’s case, the prosecutor’s theory for why sperm found inside the 11-year-old victim on the day she was murdered did not belong to Rivera was that she had sex with someone before Rivera came along and raped (but did not ejaculate) and murdered her. The unnamed-lover theory is used so often by prosecutors that it has a moniker: “the unindicted co-ejaculator.” In the case of the Dixmoor Five, teenagers convicted of the rape and murder …

Missing The Mark: Gun Control Is Not The Cure For What Ails The U.S. Mental Health System, Carolyn Reinach Wolf, Jamie A. Rosen

Journal of Criminal Law and Criminology

No abstract provided.