Digital Commons Network^™

China's National Champions: Governance Change Through Globalization?, Li-Wen Lin

All Faculty Publications

China is regarded as the world’s leading practitioner of state capitalism in which important capitalist enterprises have a close relationship with the state. One prominent feature of China’s state capitalism is the fundamental role of about 100 large state-owned enterprises (SOEs) controlled by organs of the central government in critical industries such as oil, telecom, and transportation. These SOEs are often dubbed “China’s national champions.” They are not only important players in China’s domestic economy but also major contributors to China’s fast growing global investment. Their global expansion however often encounters political and regulatory challenges abroad, partly because their corporate …

Modifying Unjust Sentences, E. Lea Johnston

Georgia Law Review

Judicial sentence modification offers a means to address the phenomenon of over-incarcerationas well as the harsh prison conditions that threaten unjust punishment. Indeed, some legislatures have framed states' early release provisions as fulfilling goals of proportionality and just punishment. This Article explores whether the tools available to judges at sentence modification hearings are adequate to respond to the unjust punishment experienced by prisoners. In examining this question, the Article focuses on one population particularly likely to experience disproportionate or inhumane punishment: inmates with serious mental disorders. A deep literature suggests that individuals with serious mental illnesses are especially likely to …

Outsourcing, Data Insourcing, And The Irrelevant Constitution, Kimberly N. Brown

Georgia Law Review

Long before revelations of the National Security Agency's data collection programs grabbed headlines, scholars and the press decried the burgeoning harms to privacy that metadata mining and new surveillance technologies present. Through publicly accessible social media sites, web-tracking technologies, private data mining consolidators, and its own databases, the government is just a mouse click away from a wealth of intimate personal information that was virtually inaccessible only a decade ago. At the heart of the conundrum is the government's ability to source an unprecedented amount of personal data from private third parties. This trail of digital information is being insourced …

Evaluation Of The Effectiveness Of Recovery Methods Of Trace Evidence For Pollen Particles, Christie Cyktor

Graduate Theses, Dissertations, and Problem Reports (ETD)

Within the forensic science community, pollen as a form of trace evidence is extremely underutilized. In many instances, trace evidence examiners and crime scene investigators are unfamiliar with how best to recover pollen from a piece of evidence. Methods such as vacuum sweeping, tape lifting, and sonication have been implemented for the recovery of the test dust from materials such as clothing, shoes, or improvised explosive devices. While these methods are known to be beneficial with some trace materials, their effectiveness with pollen has yet to be determined. The goal of this research project was to implement and compare multiple …

Article Ix: The Promise And Limits Of Home Rule, Richard Briffault

Faculty Scholarship

Article IX of New York State’s constitution establishes the basic constitutional framework for addressing questions of local power, local government organization, and state-local and interlocal relations in the Empire State. Premised on a commitment to “[e]ffective local self-government,” the “home rule amendment” added to the state constitution in 1963 and unamended since then, has bolstered local control over local government organization and personnel and has provided a firmer foundation for local law-making in New York. But it has not succeeded in enabling New York’s local units – its counties, cities, towns and villages – to function as efficient, effective, locally …

Library Annual Report

Library Annual Reports

No abstract provided.

The Inversion Of Rights And Power, Philip A. Hamburger

Faculty Scholarship

No constitutional test is more important than the compelling-government-interest test. It is the foundation of all analysis of constitutional rights. But can a government interest really defeat a constitutional right?

The courts repeatedly say that claims of constitutional rights must give way to government interests.The courts even sometimes say that a compelling government interest justifies the infringement of a right – as when the Supreme Court asks "whether some compelling state interest ... justifies the substantial infringement of appellant's First Amendment right." In support of such doctrine, it often is said that rights are "not absolute."

This sort of analysis …

Georgia Southern University Fact Book, Georgia Southern University

Georgia Southern Fact Books (1976-2022)

No abstract provided.

Faculty Handbook, Georgia Southern University

Faculty Handbooks

Faculty Handbook for Georgia Southern University for the 2015-2016 academic year. The Faculty Handbook is published online by the Office of the Vice President for Academic Affairs and archived in Digital Commons@Georgia Southern.

The Regulation Of The Recreational Use Of “Drones” For Aerial Photography And Videography: Comparing Singapore’S Unmanned Aircraft Act With Other Legislation, Siyuan Chen

Research Collection Yong Pung How School Of Law

In the last few years, there has been a dramatic increase in the use of remote-controlled copters or “drones” by recreational users to capture aerial photographs and videos on an unprecedented scale. The convergence of cutting-edge technological developments in gyroscopic gimbals, long-range wireless transmissions, GPS-enabled stabilisation and flightpath-preprogramming, first-person-views, and compact digital imaging has led to the proliferation of these camera-carrying devices that even hobbyists can pilot with reasonable safety. However, there has been a consistent stream of public concern relating to issues of safety, privacy, and disruption of commercial interests. Lost in the paranoid cacophony is a question that …

Health-Related Strains And Subsequent Delinquency And Marijuana Use, Lisa Kort-Butler

Department of Sociology: Faculty Publications

General strain theory provides one framework for explaining the relationship between physical health and delinquency, pointing to mechanisms such as negative emotions, social bonds, and stress proliferation. Data from the National Longitudinal Study of Adolescent Health were used to examine these hypothetical mediators. Controlling for demographic factors, prior illicit behavior, and other strains, results from a series of regressions indicated that health-related strain (HRS) was positively associated with subsequent delinquency and marijuana use. Stressors at school were the primary mediators of these effects. Absences from school and social life due to health problems exerted an independent effect. The results lend …

Citizen Volunteers In Prison: Bringing The Outside In, Taking The Inside Out, Lisa Kort-Butler, Sarah E. Malone

Department of Sociology: Faculty Publications

The United States correctional system relies heavily on citizen volunteers, but there is little contemporary research on prison volunteers, which is further limited by sample and geographic region. The purpose of this project was to explore the role of citizen volunteers, including investigating why they volunteer and what their experiences with inmates and prison staff are like. Semi-structured interviews were conducted with citizen volunteers in the penal system of a Midwestern state. Volunteers had altruistic or faith-based motivations, viewing themselves as ‘seed planters’ but not saviors, and placing priority on building relationships. They described how volunteering transformed their views on …

Law Enforcement And Military Members: Engaging In The Community, Karen C. Kalmbach, Randy Garner

Psychology Faculty Publications (Archived)

This chapter seeks to assist law enforcement by providing an empirical review of research on the relationship between military service and risk of dangerousness—to self (suicide) or others (violent crime). Risk posed by military members is poorly understood and largely overstated by media reports. The following discussion will reveal that—notwithstanding the unique aspects of military culture and service—most risk factors for violence (towards self and others) are similar for both military members and nonmilitary alike. However, some aspects of military service, (e.g., combat exposure), may impact the behavior and thought processes of service members who come into contact with law …

The Policing Of Major Events In Canada: Lessons From Toronto's G20 And Vancouver's Olympics, W. Wesley Pue, Robert Diab, Grace Jackson

All Faculty Publications

Major events ranging from sporting events to major international conferences too often result in disorder, deployment of riot squads, and mass arrests. Events surrounding a meeting of the G20 in Toronto and those at Vancouver’s Winter Olympics provide insight into the ways in which things can go wrong and the ways in which they can go well at major events. This article employs a “thick history” of events in order to explore gaps in Canadian law, including gaps between “law in the books” and “law in action.”
The legal frameworks governing large-scale events affect the likelihood of success measured in …

Integrating Human Factors Engineering And Information Processing Approaches To Facilitate Evaluations In Criminal Justice Technology Research, Anthony V. Salvemini, Eric L. Piza, Jeremy G. Carter, Eric L. Grommon, Nancy Merritt

Publications and Research

Background: Evaluations are routinely conducted by government agencies and research organizations to assess the effectiveness of technology in criminal justice. Interdisciplinary research methods are salient to this effort. Technology evaluations are faced with a number of challenges including (1) the need to facilitate effective communication between social science researchers, technology specialists, and practitioners, (2) the need to better understand procedural and contextual aspects of a given technology, and (3) the need to generate findings that can be readily used for decision making and policy recommendations.

Objectives: Process and outcome evaluations of technology can be enhanced by integrating concepts from human …

Risk Terrain Modeling For Spatial Risk Assessment., Joel M. Caplan, Leslie W. Kennedy, Jeremy D. Barnum, Eric L. Piza

Publications and Research

Spatial factors can influence the seriousness and longevity of crime problems. Risk terrain modeling (RTM) identifies the spatial risks that come from features of a landscape and models how they colocate to create unique behavior settings for crime. The RTM process begins by testing a variety of factors thought to be geographically related to crime incidents. Valid factors are selected and then weighted to produce a final model that basically paints a picture of places where crime is statistically most likely to occur. This article addresses crime as the outcome event, but RTM can be applied to a variety of …

The City As Palimpsest, Jeffrey A. Kroessler

Publications and Research

“Palimpsest preservation” suggest the necessity of keeping the successive layers of urban form alive rather than simply effacing and rebuilding, for that keeps a city’s history alive. No city without a tangible, tactile history, without the capacity for denizens and visitors to reach into the past while experiencing the present, can be truly vital. But this is a contested approach. George Orwell’s 1984 offers a warning in the guise of a party slogan: “Who controls the past controls the future: who controls the present controls the past.” Preservationists may advocate on historical, architectural, or cultural grounds, but the final decision …

Nfib V. Sebelius And The Right To Health Care: Government's Obligation To Provide For The Health, Safety, And Welfare Of Its Citizens, Jack M. Beermann

Faculty Scholarship

One of the most important roles government plays in contemporary society is protecting people from unsafe products and environmental conditions. Although the Supreme Court has rejected calls to read the Constitution of the United States to include positive rights, this article’s central claim is that the Supreme Court’s rejection of the Medicaid expansion in the Patient Protection and Affordable Care Act makes sense only if the Constitution is understood as requiring government to provide for the health, safety and welfare of its citizens. It’s not that Chief Justice Roberts intended this implication, but if states did not feel obligated to …

Exploring Interactions Between Police And People With Mental Illness, Krystle L. Shore Ms.

Theses and Dissertations (Comprehensive)

Contact between people with mental illness (PMI) and police is on the rise. The current study analyzed a six-month period of official police data (N = 400 occurrences) to provide a description of the PMI that came into contact with police and the typical characteristics and outcomes of these encounters. Results indicated that these interactions were initiated by family members and are taking place at home. Police are most commonly resolving the situations formally with apprehensions under the Mental health Act (55%), however only half of the time these apprehensions result in the PMI being admitted into hospital care, …

Fair Housing In Boom Times And Beyond, Margaret Moore Jackson

North Dakota Law Review

No abstract provided.

2014 International Trade Law Decisions Of The Federal Circuit, Jennifer S. Huber, Simon G. Courtman

American University Law Review

No abstract provided.

The Status Of Nonstatus, Geoggrey Heeren

American University Law Review

Millions of unauthorized immigrants in the United States have no legal immigration status and live in constant fear of deportation. There are millions more who do have some sort of status, like lawful permanent residency, asylum, or a nonimmigrant visa. In between is the netherworld of nonstatus. Here live noncitizens who possess government documentation but few rights. They have no pathway to lawful permanent residence or citizenship and cannot receive most public benefits. If nonstatus is denied or revoked by a prosecutor or bureaucrat, there is no right to a hearing or an appeal. If the Executive Branch discriminates in …

The Boundaries Of Executive Discretion: Deferred Action, Unlawful Presence, And Immigration Law, Peter Margulies

American University Law Review

No abstract provided.

Bordering Persecution: Why Asylum Seekers Should Not Be Subject To Expedited Removal, Alvaro Peralta

American University Law Review

No abstract provided.

Too Porous For Protection? Loopholes In Eb-5 Investor Visa Oversight Are Cause For National Security Concern, Christine Ryan

San Diego International Law Journal

This Comment examines whether continuation of the EB-5 Visa Program, as it currently stands, must be assessed in light of national security concerns. Part II will discuss the basics of acquiring an EB-5 Visa. Part III will discuss the changes in EB-5 requirements since the program was created, the recent surge in demand for EB-5 visas, and problems of EB-5 fraud. Part IV will examine the shift in perceived national security threats since the creation of the EB-5 Program and recent actions by CFIUS. Part V will address several shortcomings of the EB-5 Program and conclude that the EB-5 Visa, …

On Body Dumps : The Rhetorics Of Corporeal Narcoterrorism, Evan Mitchell Schares

Dissertations and Theses @ UNI

Though the exact number is unknown, estimates indicate the trade and movement of narcotics have resulted in over 60,000 murders of Mexican citizens. As a result of the rising narcoviolence, Felipe Calderón, early in his presidential administration, made the “War on Drugs” a top priority. Despite this effort to curb the violence, in 2010 alone, more than 15,200 lifeless bodies have been left across Mexico, most likely by drug cartels. A nascent phrase, body dumps, has risen in journalistic reports describing this conscious relocation of the ruined corpse to highly visible traffic areas. This thesis explores the rhetorical constructions of …

Different Levels Of Negative Emotions And Their Impact On Prosocial Behavior, Tsamchoe Dolma

Dissertations and Theses @ UNI

In this fast and competitive world, people are becoming less likely to help others. According to the Bureau of Labor Statistics (2014), the volunteerism rate reached the lowest point in 2013 since 2002. This decrease in prosocial behavior makes the study of prosocial behavior important, especially with the increasing numbers of charitable organizations and their competition to attract more donors and volunteers. Public service advertisements (PSA) are used as a common medium to garner help and support, and many of them use emotional appeals to enhance persuasion. The literature on persuasion shows that emotions have persuasive power to change people's …

New Songdo City: A Case Study In Complexity Thinking And Ubiquitous Urban Design, Glen Kuecker

History Faculty publications

A new urban form has emerged amid the perfect storm of global crises: climate change, energy transition, demographic shifts (growth, aging, and urbanization), food and water insecurity, pandemics, economic stress, and ecological degradation. Known as “smart cities” or “ubiquitous cities,” this urban form is characterized by deployments of computer technologies and analytics that promise enhanced efficiencies within the urban metabolism. This paper presents South Korea’s New Songdo City as a case study in ubiquitous urban design by asking if it constitutes an opportunity within the perfect storm for an emergent, resilient urbanism. A key player in building New Songdo City …

Commercial Purposes, Governmental Functions, And The Faa’S Regulatory Authority Over Unmanned Public Aircraft Operations In U.S. National Airspace, Douglas M. Marshall, Ernest E. Anderson J.D.

FIU Law Review

No abstract provided.

Unmanned Aircraft Systems And Technologies: Challenges And Opportunities For States And Local Governments, Daniel Friedenzohn, Mike Branum

FIU Law Review

No abstract provided.