Digital Commons Network^™

Driving Into The Digital Age: How Sdvs Will Change The Law And Its Enforcement, Sarah Aue Palodichuk

Minnesota Journal of Law, Science & Technology

No abstract provided.

Actra - A Case Study For Threat Information Sharing, Jon C. Haass, Gail-Joon Ahn, Frank Grimmelmann

Publications

This paper provides a case study for information sharing within a public/private not-for-profit partnership organization called ACTRA – Arizona Cyber Threat Response Alliance, Inc.. This initiative is comprised of public and private entities with government agencies as invited guests aligned around the goal of improved response to cyber security events. Technical, political, legal and organizational issues arise when multiple parties attempt to exchange information in a formal setting. Benefits and specific solutions developed are discussed. The study concludes with several areas for future improvement and investigation as well as recommendations for newly forming sharing groups.

Intelligence Legalism And The National Security Agency’S Civil Liberties Gap, Margo Schlanger

Articles

Since June 2013, we have seen unprecedented security breaches and disclosures relating to American electronic surveillance. The nearly daily drip, and occasional gush, of once-secret policy and operational information makes it possible to analyze and understand National Security Agency activities, including the organizations and processes inside and outside the NSA that are supposed to safeguard American’s civil liberties as the agency goes about its intelligence gathering business. Some have suggested that what we have learned is that the NSA is running wild, lawlessly flouting legal constraints on its behavior. This assessment is unfair. In fact, the picture that emerges from …

Lgbtq Relationships, Barbara J. Stark

Hofstra Law Faculty Scholarship

Perhaps nowhere in family law is this evolution more dramatic than in the burgeoning recognition of rights of lesbian, gay, bisexual, transgendered, and questioning (LGBTQ) couples. Within the past twenty- five years courts, legislatures, and international bodies have addressed the extent to which rights and obligations formerly reserved to heterosexual married spouses should be conferred on other partners.

Most western democracies now recognize same- sex unions, assuring the partners in such unions a range of rights and benefits, similar to but distinct from the rights and benefits enjoyed by married couples. Part A of this Chapter describes the legal mechanisms …

Effect Of Vigilance On Driving Performance In Commercial Motor Vehicle Drivers, Ben Mcmanus

All ETDs from UAB

Driving is a complex task requiring constant information processing made possible by attention. Because there are 5.7 million commercial motor vehicle (CMV) drivers in the United States, it is imperative to investigate factors affecting driving performance as well as methods to reduce motor vehicle collisions (MVCs) with the primary goal of eliminating transportation-related unintentional fatal and nonfatal injuries. Vigilance is a cognitive processing component that may play an important role in CMV driving safety. Two experiments were conducted to examine the effect of vigilance on simulated driving performance in varying conditions. Experiment 1 focused specifically on the effect of vigilance …

The Roberts Court In 2013–14—Looking Beyond The Rhetoric, Evan Gerstmann

Loyola of Los Angeles Law Review

No abstract provided.

Remodeling Federal Medical Malpractice Act: A Possible Improvement To The Affordable Care Act, Nancy Kubasek, Tiffany Durham

Loyola of Los Angeles Law Review

During the debates about healthcare reform, the Congressional Budget Office found that federal medical liability reform could drastically reduce federal budget deficits, yet political and legal scholars could not reach agreement about the best way for the Patient Protection and Affordable Care Act (PPACA) to provide such reform. Instead, provisions were made to fund state level demonstration projects. The law that is considered one of the most successful models to date of conventional tort reform is the Medical Injury Compensation Reform Act of California. This Article exams that legislation and discusses how we might use what can be learned from …

Storming The Castle: Fernandez V. California And The Waning Warrant Requirement, Joshua Bornstein

Loyola of Los Angeles Law Review

No abstract provided.

"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh D. Spitzer

Articles

This Article focuses on the tension between the late-nineteenth-century “Dillon’s Rule” limiting city powers, and the “home rule” approach that gained traction in the early and mid-twentieth century. Washington’s constitution allows cities to exercise all the police powers possessed by the state government, so long as local regulations do not conflict with general laws. The constitution also vests charter cities with control over their form of government. But all city powers are subject to “general laws” adopted by the legislature. Further, judicial rulings on city powers to provide public services have fluctuated, ranging from decisions citing the “Dillon’s Rule” doctrine …

Push, Pull, And Spill: A Transdisciplinary Case Study In Municipal Open Government, Jan Whittington, Ryan Calo, Mike Simon, Jesse Woo, Meg Young, Perter Schmiedeskamp

Articles

Municipal open data raises hopes and concerns. The activities of cities produce a wide array of data, data that is vastly enriched by ubiquitous computing. Municipal data is opened as it is pushed to, pulled by, and spilled to the public through online portals, requests for public records, and releases by cities and their vendors, contractors, and partners. By opening data, cities hope to raise public trust and prompt innovation. Municipal data, however, is often about the people who live, work, and travel in the city. By opening data, cities raise concern for privacy and social justice.

This article presents …

Private Data, Public Safety: A Bounded Access Model Of Disclosure, Mary D. Fan

Articles

A growing volume of crucial information for protecting public health and safety is controlled by private-sector entities. The data are private in two senses—both proprietary and secluded from scrutiny. Controversies over corporate secrecy, such as sealed settlements that hide deaths due to product defects or nondisclosure of potentially hazardous substances, illustrate how corporate privacy and public safety can conflict.

Courts are conflicted about when to defer to companies’ claims of the right to keep information private when important public interests are implicated by the data that companies refuse to disclose.

This Article proposes allowing what it terms “bounded access” to …

The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner

Articles

This brief narrative captures the second wave of “immigrant sanctuary”—a term used to describe the state and local government practice of restricting police departments from participation in immigration enforcement. The immigrant sanctuaries of the Homeland Security era are of unique significance given the ongoing dialogue among legal scholars regarding the significance of local law enforcement participation in national and domestic security administration after 2001, as well as the legal framework structuring cooperative security governance.

Despite the broad powers wielded by the federal government in security administration, the Supreme Court’s holding in Printz v. United States serves as a substantial check …

Presumed Drunk Until Proven Sober: The Dangers And Implications Of Anonymous Tips Following Navarette V. California, Christopher D. Sommers

South Dakota Law Review

No abstract provided.

Emergency Takings, Brian Angelo Lee

Michigan Law Review

Takings law has long contained a puzzle. The Fifth Amendment to the U.S. Constitution requires the government to pay “just compensation” to owners of private property that the government “takes.” In ordinary circumstances, this requirement applies equally whether the property is confiscated or destroyed, and it also applies to property confiscated in emergencies. Remarkably, however, courts have repeatedly held that if the government destroys property to address an emergency, then a “necessity exception” relieves the government of any obligation to compensate the owner of the property that was sacrificed for the public good. Although the roots of this startling principle …

Comparison Of Bicycle Transportation Systems In El Paso And Prague, Jose C Hernandez

Open Access Theses & Dissertations

Bicycle transportation infrastructure has an important role in bicycle transportation mode. Every year there are hundreds of accidents where bicyclist are involve, because there is not a good infrastructure for bicycles in the roads bicyclists have a potential risk. One of the main purposes is maintain the bicyclistsâ?? safety in the roads to attract more people to use this eco-friendly transportation mode. The goal of this Thesis is compare the bicycle infrastructure in two different countries, United States and Czech Republic. The history and the main terminology are described in firsts chapters. Based on law and regulations, design criteria and …

Performance Life Of Various Hot Mix Asphalt Mixtures In Texas, Danniel David Rodriguez

Open Access Theses & Dissertations

Typically, pavement engineers in subjectively estimate the service lives of various hot-mix asphalt (HMA) mixtures as part of the life-cycle cost analysis considering the staged design and rehabilitation of flexible pavements. This study proposes the performance lives for the various dense-graded (conventional) mixtures, stone-matrix asphalts (SMA), permeable friction courses (PFC), performance design mixtures and other mixtures placed in Texas. A necessary and significant aspect of the approach involved data mining and merging several pavement management databases (Letting Database, DCIS and PMIS) to obtain mixture longevity data along with historical PMIS information. The product of the linking process resulted in the …

The Impact Of Accented English On Speech Comprehension, Benigno Valles

Open Access Theses & Dissertations

ABSTRACT

In the context of shifting demographics in the United States and with an increasing multicultural workforce, the verbal exchange of information is vital especially between health care providers and patients. Although English is the official language in the United States, many individuals from different national origins speak English with some degree of accent. Before we can address health care provider/patient communication, it is necessary to investigate the potential impact of accented English on speech comprehension and its implications on basic communicative interactions. The verbal exchange of information between health care providers and patients is important in diagnostics, treatment, patient …

Territorial Annexation As A “Great Power”, Daniel Rice

Duke Law Journal

The Roberts Court has recently begun reviving a long-latent structural constitutional principle—that some unenumerated powers are too important to be inferred through the Necessary and Proper Clause. Under this abstractly sensible theory, some powers are too "great" to have been conferred by implication alone. This structural logic seems poised to command majority holdings in the Supreme Court. But it is largely unclear what results so undertheorized a concept might dictate. Now is the time to survey the domain of "great powers" in service of developing an appropriately modest and judicially enforceable great-powers doctrine.

This Note argues that a power to …

Manchester Snow Emergency Analysis: Who Is Being Towed From Where And Why, Michael James Pelletier

Master's Theses and Capstones

This Capstone paper analyzes the City of Manchester, New Hampshire’s policy and community impacts when their Towing Snow Emergency procedures are implemented. While the public expects their city streets and sidewalks to be cleared of snow during and following snow storms, the process to do so in the city streets requires vehicles to be re-located from parking on the street. This process requires privately owned vehicles to be ticketed or towed during the worst of weather during the winter. Although the city administration has attempted to avoid having to tow vehicles as the report shows, there is still a historical …

At The Intersection Of Deferred Action For Childhood Arrivals, The Migration Trust Network And Labor, Mario Javier Chavez

Open Access Theses & Dissertations

This study unpacks the intersection of Deferred Action for Childhood Arrivals, the Migration Trust Network and Labor. I use 9 in-depth qualitative interviews to address how such policies are affecting the labor acquisition and labor outcomes of DACA recipients. The Migrant trust network remained important for DACA recipients, although in a more indirect and macro-level way than described in Flores-Yeffal (2013). In particular, DACA recipients relied on the collective efficacy embedded within the community to facilitate their job search. Additional, migrant trust networks function differently according to the DACA recipients' level of education, but to fully benefit from the advantages …

Effect Of Cooperativeness Of The Parent On Juvenile Probation Officer Decision-Making Using A Randomized Controlled Design, Tamara Kang

Open Access Theses & Dissertations

Juvenile probation officers acknowledge the importance of gaining the parents' cooperation during supervision to ensure the best chance for rehabilitation. However, there is reason to believe that officers may attend to parental cooperativeness to inform decisions on how much to involve the parent in supervision. The importance of the parent is well accepted, but the effect of parental cooperation on officers' decisions concerning the juvenile's fate on supervision has yet to be examined. Aim 1 of this study examined the extent to which an officer's response to a first instance and second instance of noncompliance was affected by the cooperativeness …

Collateral Consequences And The Preventive State, Sandra G. Mayson

Scholarly Works

Approximately eight percent of adults in the United States have a felony conviction. The “collateral consequences” of criminal conviction (CCs) — legal disabilities imposed by legislatures on the basis of conviction, but not as part of the sentence — have relegated that group to permanent second class legal status. Despite the breadth and significance of this demotion, the Constitution has provided no check; courts have almost uniformly rejected constitutional challenges to CCs. Among scholars, practitioners and mainstream media, a consensus has emerged that the courts have erred by failing to recognize CCs as a form of additional punishment. Courts should …

Exclusion And Equality: How Exclusion From The Political Process Renders Religious Liberty Unequal, Philip A. Hamburger

Faculty Scholarship

Exclusion from the political process is a central question in American law. Thus far, however, it has not been recognized how religious Americans are excluded from the political process and what this means for religious equality.

Put simply, both administrative lawmaking and § 501 (c)(3) of the Internal Revenue Code substantially exclude religious Americans from the political process that produces laws. As a result, apparently equal laws are apt, in reality, to be unequal for religious Americans. Political exclusion threatens religious equality.

The primary practical conclusion concerns administrative law. It will be seen that this sort of "law" is made …

The Charitable Contributions Deduction: Federal Tax Rules, Roger Colinvaux, Harvey P. Dale

Scholarly Articles

This article provides a succinct overview of the main federal income tax law rules affecting charitable contributions. his Article covers all principal topics, including: eligibility to receive deductible contributions, eligible gifts, the amount allowed as a deduction, the specific rules for gifts of non-cash property, contributions to certain split-interest trusts, substantiation rules, and valuation. his Article also touches on the estate and gift tax charitable deduction and provides a survey of select policy issues, including the rationale and form of the tax benefit, concerns about efficiency, the ability to deduct the appreciation in value of property, a non-itemizer deduction, and …

The Tale Of Two Economies: A Comparative Macroeconomic Analysis Of Palo Alto And East Palo Alto, Aditya Kotak, Safwan Siddiqi, Fred Foldvary

Faculty Publications

Cities in the USA have experienced diverse growth rates and levels of prosperity. Some cities flourish in prosperity, while others suffer economic recession. This study examines why cities have had different outcomes. We investigated three elements: 1) What are the factors that play a role in the shaping of a municipal’s economy? 2) What are the implications of these factors? 3) Which policies promote economic growth and prosperity? This essay aims to offer policy directions for cities that are not performing well. The paper applies a comparative analysis of two nearby cities, a flourishing economy contrasted with a troubled economy. …

Detention Center To Home School: The Path Of Transition, Sarah Hogeveen

Dissertations

This study examined the way a juvenile detention center and local feeder high schools worked in conjunction with each other to educate students that are incarcerated and then transition back to their home school. The goal of this study was to determine the adequacy of the transition/re-entry plan and then develop a template to assist high schools in the transition process. The transition/re-entry process into the home high school can be difficult and often involves several agencies. The evidence has suggested that there is not a solid transition plan available or in place for this process. This evidence allowed for …

Cyber Black Box/Event Data Recorder: Legal And Ethical Perspectives And Challenges With Digital Forensics, Michael Losavio, Pavel Pastukov, Svetlana Polyakova

Journal of Digital Forensics, Security and Law

With ubiquitous computing and the growth of the Internet of Things, there is vast expansion in the deployment and use of event data recording systems in a variety of environments. From the ships’ logs of antiquity through the evolution of personal devices for recording personal and environmental activities, these devices offer rich forensic and evidentiary opportunities that smash against rights of privacy and personality. The technical configurations of these devices provide for greater scope of sensing, interconnection options for local, near, and cloud storage of data, and the possibility of powerful analytics. This creates the unique situation of near-total data …

Life After Death, Louis Blom-Cooper Sir

The Plymouth Law and Criminal Justice Review

No abstract provided.

Liberty And Security In The Age Of Terrorism: Negotiating A New Social Contract, Ifeolu Tokimi

The Plymouth Law and Criminal Justice Review

The prevalent rise in terrorism related attacks and the susceptibility of the State to such attacks has, in an effort to counter future threats and neuter the ability of terrorists, brought to the fore the tensions between liberty and security. Ironic as it might seem the values that made western democracies the shining examples of free and rules governed societies are the same values that provide fertile ground for planning and executing horrific acts of terror. Taking a historical look at the concepts of security and liberty, this paper aims to understand if these ideals can still co-exist in a …

Foundations In Wisconsin: A Directory [34th Ed. 2015], Mary C. Frenn, Jason Bermender, David Glenn Butner Jr., Brittany Carloni, Clare Mcnamara, Dominic Zappia

Foundations in Wisconsin: A Directory

The 2015 release of Foundations in Wisconsin marks the 34th production of the print directory and the 15th year of the online version. The directory is designed as a research tool for grantseekers interested in locating information on private, corporate, and community foundations registered in Wisconsin. Each entry in this new edition has been updated or reviewed to provide the most current information available. Most of the data was drawn from IRS 990-PF tax returns filed by the foundations. Additional information was obtained from surveys, foundation websites, annual reports, and newsletters.

Wisconsin foundations have shown significant growth in two key …