Digital Commons Network^™

Sovereign Immunity: The Texas Department Of Transportation's Duty To Maintain Roadways Ravaged By The Eagle Ford Shale Boom., Lasca A. Arnold

St. Mary's Law Journal

While the shale boom has brought about many positive results such as economic growth and new jobs to the Eagle Ford Shale region, the ravaged roadways left in the aftermath must be addressed. The demands for equipment and manpower created by oil and gas exploration are extensive. Sadly, the Texas Department of Transportation (TxDOT)—the entity charged with maintaining and repairing roads in these affected counties—refuses to supply sufficient funding to repair the over used roadways. This pressure is exerted in rural areas where most of the roads and bridges are designed for lower volumes of traffic. In addition to the …

The Economic Loss Doctrine As An Obstacle To Claims Of Contractual Strangers., Richard L. Reed, Richard L. Reed Jr.

St. Mary's Law Journal

Home owners, contractors, and subcontractors entering a contract to build in accordance with another’s design must be aware of their respective risks under the economic loss doctrine. The economic loss doctrine bars recovery due purely to economic loss by a party that is a contractual stranger. In a typical construction contract, a homeowner may separately contract with a contractor and a design professional. In this situation, the contractor does not have privity with the design professional and the economic loss doctrine bars the contractor from suing the design professional for economic loss. Likewise, if the homeowner hires a contractor and …

How Mccullen Affects San Antonio's Anti-Panhandling Ordinance., Christopher M. Childree

St. Mary's Law Journal

Abstract Forthcoming.

“I Expected It To Happen/I Knew He’D Lost Control”: The Impact Of Ptsd On Criminal Sentencing After The Promulgation Of Dsm-5, Michael L. Perlin

Utah Law Review

Given the limited definition of PTSD in earlier versions of DSM, the pernicious roles of sanism and OCS, and judges’ reluctance to embrace mental disability as a mitigator within the Federal Sentencing Guidelines, PTSD diagnoses have had little positive impact on the criminal sentencing process. The expanded definition of PTSD in DSM-5 may have profound effects on all criminal sentencing. By expanding the range of symptom clusters, DSM-5 makes more defendants “eligible” to seek sentence reductions based on the 2011 amendments to the Guidelines and the statutory criteria for such reduction.

Diagnosis Dangerous: Why State Licensing Boards Should Step In To Prevent Mental Health Practitioners From Speculating Beyond The Scope Of Professional Standards, Jennifer S. Bard

Utah Law Review

This Article reviews the use of mental health experts to provide testimony on the future dangerousness of individuals who have already been convicted of a crime that qualifies them for the death penalty. Although this practice is common in many states that still retain the death penalty, it most frequently occurs in Texas because of a statute that makes it mandatory for juries to determine the future dangerousness of the defendant they have just found guilty. Both the American Psychiatric Association and the American Psychological Association have protested the use of mental health professionals in this setting because there are …

Lifeguard Fitness Readiness: Certification Vs. Qualification, Jacob Rasmussen

Graduate Research Papers

To become a certified lifeguard, generally there are three test. These eligibility tests required for lifeguarding enrollment into lifeguarding courses include: (a) a swimming assessment where the participant must continuously swim a certain distance, (b) a timed treading water, and (c) an object retrieval from a specified depth of the pool. The instructor of the lifeguarding class then determines if the participant adequately demonstrated the skills to continue in the class. Once participants successfully demonstrate each skill, they are then tested on their in and out of water skill competencies. Finally, lifeguard certification includes written knowledge tests at the end …

The 2009 And 2011 Hazard Events At San Vicente Volcano, El Salvador: Vulnerability, Resettlement, And Disaster Risk Reduction, Luke Bowman

Dissertations, Master's Theses and Master's Reports

Scientists from a variety of disciplines have made major advancements in the geophysical and social aspects of hazard science. Despite these advancements, economic losses and the number of people affected by disasters continue to rise. The field of disaster risk reduction (DRR) attempts to counter this rising trend of disaster losses by integrating a variety of disciplines to holistically solve complex problems related to risk and vulnerability. Frequent disasters in El Salvador provide insight into the evolution of DRR and its application during and after two hydrometeorological disasters in the department of San Vicente in 2009 and 2011. This dissertation …

The Effect Of Water Temperature On In-Stream Sediment Concentration And Transport Rate, Jennie Tyrrell

Dissertations, Master's Theses and Master's Reports

Global climate change may result in rising temperatures. As a result, ecological health and the human use of rivers may be impacted. The hydrologic cycle, watershed hydrology, and in-stream hydraulics are dynamic systems, influenced by human activities, natural events, and climate. Although known drivers like precipitation and stream velocity govern sediment processes, the effect of water temperature on sediment transport remains unclear. In-stream sediment movement could lead to blocked harbors, flooding, and degradation of vulnerable fish habitat. To better understand how fluctuations in water temperature affect sediment dynamics, six transport models were analyzed on the Niobrara River, with water temperatures …

A Description Analysis Of Disciplinary Cases Of Law Enforcement Officers In The State Of Florida Over A Ten-Year Period, Brian V. Frank

Graduate Student Dissertations, Theses, Capstones, and Portfolios

A distrust of government is as old as the country itself. Police officers hold a great deal of power, as they have the ability to take the one thing the American people hold sacred: freedom. Ethical violations by police officers enrage the public and cause great concern for law enforcement administrators. Past research has focused on the individual aspects within law enforcement along with criminological and sociological theories. The most recent research in law enforcement ethics shows fragmentation and a lack of standardization within the areas of screening, training, and managing for integrity. According to the Bureau of Justice Statistics, …

The Armed Career Criminal Act: A Severe Implication Without Explanation, T.J. Matthes

Saint Louis University Law Journal

No abstract provided.

Halle Library: Children In The Library Policy

Academic Affairs – Policy Library

No abstract provided.

D(E)Volving Discretion: Lessons From The Life And Times Of Secure Communities, Juliet P. Stumpf

American University Law Review

The devolution of immigration authority to line officers, touted as a strength of the Secure Communities program, planted the seeds of the program's downfall. Rising from the ashes of Secure Communities, the Priority Enforcement Program (PEP) set priorities for removal and also unveiled a potential antidote to the devolution of agency discretion. This Article details the rise of Secure Communities and describes the devolution of discretion that ultimately undermined the program. It then spotlights a little-noticed attribute of the PEP-one that addresses head-on Secure Communities' devolution of enforcement discretion to the lowest level. PEP attempts to recapture ftderal discretion to …

The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher

American University Law Review

No abstract provided.

Consequence, Weapons Of Mass Destruction, And The Fourth Amendment's "No-Win" Scenario, Scott J. Glick

Hofstra Law Faculty Scholarship

This article looks at consequence, with a particular focus on the threatened use of a WMD, to begin a discussion on a new doctrinal solution to the hypothetical. As background, Part I takes a look at cardinal Fourth Amendment principles and rules, as well as the many exceptions to the warrant, probable cause and particularity requirements that the Supreme Court has recognized. Part I also discusses minimization, a well-established privacy enhancing mechanism that normally serves as a back-end check on the government’s conduct, to determine whether it can serve as a front-end substitute for the Fourth Amendment’s particularity requirement. Based …

Expunging America's Rap Sheet In The Information Age, Jenny Roberts

Hofstra Law Faculty Scholarship

No abstract provided.

Spring Commencement, April 26, 2015, Eastern Michigan University

Commencement Programs and Materials

No abstract provided.

Utilizing Credit Reports For Employment Purposes: A Legal Bait And Switch Tactic, James D. Phillips, David D. Schein

Richmond Public Interest Law Review

In our previous article, "Holding Credit Reporting Agencies Accountable: How the Financial Crisis May be Contributing to Improving Accuracy in Credit Reporting" we reviewed the legal history of the Fair Credit Reporting Act (FCRA), its amendments, and the federal case law by circuit. We suggested that the ability of consumers to ensure the accuracy and security of their credit reports might lead to an expansion of the litigation surrounding accurate credit reporting. This article takes the discussion further by exploring the ever-expanding use of credit reports in the employment law arena. We review the state legislation limiting the use of …

Volume 25 (2015), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Public Health Implications Of Religious Exemptions: A Balance Between Public Safety And Personal Choice, Or Religion Gonetoo Far?, Christopher Ogolla

Health Matrix: The Journal of Law-Medicine

No abstract provided.

A Survey Of The History Of The Death Penalty In The United States, Sheherezade C. Malik, D. Paul Holdsworth

Law Student Publications

Since the founding of Jamestown Colony in 1607, few topics in American life and culture have generated as much controversy, both in terms of persistence and volatility, as the death penalty. Foreign policy, economic recessions, and social movements come to the forefront of national discussion in their own respective ebbs and flows. Capital punishment, however, has been a staple of the American criminal justice system since the early inhabiting of the continent, and has remained a permanent vehicle through which we can enact retribution on the most heinous criminal offenders in our society, ridding ourselves of the worst among us.

Infiltration Or Immigration: The Legality Of Israeli Immigration Policy Regarding African Asylum Seekers, Eliott Rimon

Cardozo Journal of International and Comparative Law

The note argues that while Israel has the right to control migration from Africa, its current legal framework for handling refugees and asylum seekers is inadequate and often unconstitutional. It calls for legislative reforms to ensure a just and systematic approach that balances national security with human rights, emphasizing the need for international cooperation to share the refugee burden.

Ambiguous-Purpose Statements Of Children And Other Victims Of Abuse Under The Confrontation Clause, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The author examines in this paper two kinds of ambiguous-purpose out-of-court statements that are especially problematic under current Confrontation law--problematic in ways that we hope will be solved directly or indirectly by the Supreme Court when it renders its decision in Ohio v. Clark. The statements he examines are:

(1) Statements made by abused children concerning their abuse, for example to police, physicians, teachers, welfare workers, baby sitters, or family members, some of whom may be under a legal duty to report suspected abuse to legal authorities. At least some of these statements will be directly addressed by the …

Services Received And Parental Perception Of Quality Of Life For Children With Autism Spectrum Disorder, Judith Marie Cholewicki

Theses and Dissertations

With the rapid increase in the rate of children diagnosed with Autism Spectrum Disorder (ASD), there has been a surge in treatment interventions and outcome measures. Treatment interventions consist of evidence-based practices and programs that lack scientific validation. Parents’ selection of a treatment or multiple treatments is often based on the desire to maximize their child’s personal well-being (Pituch et al., 2011; Rodger, Braithwaite, & Keen, 2004). Current outcome measures provide valuable information and may demonstrate a change in a standard score. For example, a change in intelligence quotient, is not evidence that this change contributes to the child’s personal …

2014 Annual Town Report Lempster, New Hampshire., Lempster Town Representatives

Lempster, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Ipulse Policies And Style Guide, Stefanie Powers

Lynn University Digital Press Books

This multi-touch book manual provides an overview of newsroom policies and procedures, and additionally offers a comprehensive summary of specific writing and broadcast guidelines. The iPulse staff is expected to be familiar with and comply with all provisions of the document as students that produce and publish iPulse, television and radio news stories, and related advertising content. The multi-touch book will be used by students enrolled Applied Media and Advanced Multimedia Journalism, which are required core courses for all students in the College of International Communication. Courses: COM 310 and COM 314

Sex Work And The City: Creating Municipal Licensing Regimes For Brothels, Maria K. Powell

LLM Theses

The debate over how to regulate sex work in Canada has long occupied courts, governments, policymakers, sex workers and activists. In the aftermath of the Supreme Court decision in Bedford v Canada and the enactment of the constitutionally suspect Protection of Communities and Exploited Persons Act, this thesis examines municipal law's potential role in regulating brothels. Municipalities already grant licenses to adult service providers, the licensing of brothels is a natural extension of their powers. The current licensing regimes are in need of reform, both for adult services and before any attempts to license brothels. This thesis uses New Zealand …

Improving Claims Resolution: Alternative Processes In Canada's Immigration System, Nicole M. Melanson

LLM Theses

This thesis argues that alternative dispute resolution processes form a vital part of Canada's immigration and refugee claims determination system. Using an analytical framework that draws on dispute resolution and relational feminist theory, it explores how alternative processes provide advantages over adversarial ones for claims that engage issues of power and relationships. By aligning claims with appropriate processes, system administrators can improve the fairness, efficiency and durability of resolutions. Introductory Chapters describe the administrative law structure that governs immigration and refugee claims in Canada, and the Immigration Appeal Division's Early Resolution program. This unique initiative integrates alternative processes into the …

Privacy Protection For Mobile Health (Mhealth) In Nigeria: A Consideration Of The Eu Regime For Data Protection As A Conceptual Model For Reforming Nigeria's Privacy Legislation, Olufunke Olawumi Salami

LLM Theses

The use of mobile technologies to provide and deliver healthcare is known as Mobile Health. Nigeria is one of the countries witnessing a profound use of these technologies. While discussions have focused on the potentials of this technologies to address the challenges in the health system, nothing is said about the risks from unauthorized disclosure or misuse of health information provided by users. This becomes worse when Nigeria's laws do not offer adequate protection. As Mobile Health is a novelty to Nigeria, this thesis looks to relevant international standards on privacy protection. It does this by examining the European regime …

The Proportionality Standard And Constitutional Culture: A Comparative Analysis Of Rights Adjudication In Canada And The French Republic, James Peter Barry

LLM Theses

It has been suggested that the migration of proportionality as a standard of constitutional review is bringing about a degree of convergence in rights norms across common and civil law jurisdictions. While scholars have noted its potential to shape rights norms in legal systems into which it is incorporated, few have analysed the ways in which proportionality is affected by the constitutional culture in which it is received. This thesis is a comparative analysis of the application of proportionality in Canada and the French Republic. It sheds light on the extent to which the operation of that standard is affected …

Longwood University Catalog 2015-2016, Longwood University

Undergraduate Catalogs

No abstract provided.