Digital Commons Network^™

Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss

Catholic University Journal of Law and Technology

No abstract provided.

The Implementation Of Total Quality Management At Vocational High Schools In Indonesia, Felestin Felestin, Mochamad Bruri Triyono

REID (Research and Evaluation in Education)

This study aims to determine the implementation of Total Quality Management (TQM) in public and private vocational high schools in the city of Yogyakarta, as well as to compare the level of implementation between public and private vocational high schools. The TQM aspects observed include infrastructures and facilities, quality of improvement, quality of teachers, quality of examination system and academic background of teachers graduated from vocational high schools. This exploratory study is descriptive in which the result can be used as an input as well as improvements in reflection of the future. These subjects were teachers and students. The primary …

Patricia Beckman, An Individual, Plaintiff, Counterclaim Defendant, And Appellant Vs. Cybertary Franchising, Inc.; Franchise Foundry, Llc; And Christian Faulconer, An Individual, Defendants, Counterclaimant (As To Cybertary), And Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEES

Appeal from the Fourth Judicial District Court of
Utah County
The Honorable Darold J. McDade, District Court Judge

Campaign Finance. Donor Disclosure. Initiative Statute.

Initiatives

Requires committees controlled by a candidate for the Legislature or other elected state office to disclose their top 10 donors in all committee advertisements supporting the candidate or opposing the candidate’s opponents. Requires legislators and other elected state officers, when providing testimony or participating in any vote on state legislation, to display on their persons the identity of the top 10 donors to their controlled committees. Imposes criminal and civil sanctions for violations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Minor effects on state finances.

Internal Policing Of The Enduring Issue Of Racism In Professional Team Sports, Chris Davies, Neil Dunbar

The University of Notre Dame Australia Law Review

The issue of racism is one that is covered by both international treaties and domestic legislation. Most major sports, however, now have internal regulations, usually reflecting the treaties and legislation. Case studies from Australian, English and European sport, in particular, football, basketball, cricket and rugby league, indicate that the internal regulations have been effective in dealing with racism issues in those sports. The issues have involved players, managers, coaches, owners, officials and spectators, with the latter representing the main problem area for sport. The reasons for this are that it can be harder to identify the culprits and there is …

Is The Health Star Rating System A Thin Response To A Fat Problem? An Examination Of The Constitutionality Of A Mandatory Front Package Labeling System, Mariette Brennan

The University of Notre Dame Australia Law Review

The Commonwealth of Australia has begun the implementation of a new front package labelling system for packaged food products. Despite calls from various health groups advocating for a mandatory front package labelling system, the Commonwealth opted for a voluntary system that relies on the goodwill of individual companies for its implementation. In discussing Australia’s obesity epidemic that has given rise to a need for front package labelling, this paper examines the constitutionality of mandatory front package labelling requirements. It argues that as the Commonwealth Government has the requisite jurisdiction to make the system mandatory it should forego voluntary implementation in …

From Cause To Responsibility: R2p As A Modern Just War, Zamaris Saxon, Lara Pratt

The University of Notre Dame Australia Law Review

This article examines the relationship between just war theory and the modern principle of responsibility to protect (R2P). In the absence of the principle’s clear use as a justification for the use of force, this article considers two situations which prompted debate about the applicability of the principle - the UN Security Council authorised no-fly-zone in Libya in 2011 and the decision not to use force in Syria in 2012. The article’s core message is that the debates about R2P suggest that rather than view R2P as a ‘new’ principle of international law, it should be viewed as a modern …

Fergason V. Las Vegas Metropolitan Police Dept., 131 Nev. Adv. Op. 94 (Dec. 31, 2015), Lena Rieke

Nevada Supreme Court Summaries

The Court determined (1) the district court erred in granting summary judgment to the State because the State failed to present evidence demonstrating no genuine issue of material fact existed as to whether the funds it seized from petitioner’s bank accounts were subject to forfeiture as proceeds attributable to the petitioner’s commission of a felony; (2) the State’s forfeiture of funds seized from a bank account will not stand without evidence connecting the funds to criminal activity; and (3) NRS § 179.1173(4) requires the State to prove by clear and convincing evidence the property is subject to forfeiture.

The Court …

Research Frontiers In Speleogenesis. Dominant Processes, Hydrogeological Conditions And Resulting Cave Patterns, Philippe Audra, Arthur N. Palmer

KIP Articles

Speleogenesis is the development of well-organized cave systems by fluids moving through fissures of a soluble rock. Epigenic caves induced by biogenic CO2 soil production are dominant, whereas hypogenic caves resulting from uprising deep flow not directly connected to adjacent recharge areas appear to be more frequent than previously considered. The conceptual models of epigenic cave development moved from early models, through the “four-states model” involving fracture influence to explain deep loops, to the digital models demonstrating the adjustment of the main flow to the water table. The relationships with base level are complex and cave levels must be determined …

Easy Prisoner Cases, Lisa Kerr

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In prisoner litigation, straightforward victory is rare. Win or lose, prisoners most often remain in the custody of officials who continue to wield substantial power over them. And even where claims succeed, courts may design legal tests in ways that are deferential over time to the claims and preferences of prison authorities. Prisoners prevailed in two recent Supreme Court of Canada cases that involved, first, post-sentencing legislative changes to parole entitlements and, second, a decision to transfer a prisoner to a higher security setting. In Canada (Attorney General) v. Whaling, the Court protected prisoner expectations at sentencing regarding the length …

The Shadow Of Absurdity And The Challenge Of Easy Cases: Looking Back On The Supreme Court Act Reference, Carissima Mathen

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In the Supreme Court Act Reference, the Court advised that the appointment of its newest judge, Marc Nadon, was void ab initio. It concluded, as well, that the Court is an entrenched constitutional actor, whose governing statutes may be changed only through formal amendment. By any measure, the Reference was an exceptional constitutional moment. This article reviews what made it so, focussing on the case’s history, procedure, substance and public reception. The article situates the proceeding within a “perfect storm” of law and politics. It describes various dilemmas that the Court had to confront. And it offers three reasons explaining …

Punitive In Effect: Reflections On Canada V. Whaling, Hamish Stewart

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In Canada (Attorney General) v. Whaling, the Supreme Court of Canada held that a change in the parole regime was a form of “punishment” and that its retroactive application to offenders already serving sentences violated the constitutional right against double punishment. The court found that this change did not have a punitive purpose and held that it was punitive based solely on its effect. This is the first time that the court has characterized a consequence of offending as “punishment” based solely on the effect, rather than the purpose, of the law imposing the consequence. This case comment reflects on …

Out Of Sync: Section 8 And Technological Advancement In Supreme Court Jurisprudence, Susan Magotiaux

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This article offers a review of recent Supreme Court of Canada search and seizure cases to demonstrate the challenges facing courts, lawyers and law enforcement in applying existing Charter jurisprudence to new technological landscapes. R. v. Vu; R. v. TELUS Communications Co.; R. v. Spencer; and R. v. Fearon highlight the difficulties in drawing boundaries of privacy in computers, mobile devices, “intercepts” and online activity. Our changing social understanding of privacy impacts the sphere of activity and information encompassed by section 8 of the Charter, but easy public and remote access to digital data make drawing lines impractical. The article …

All The World's A Page: Towards A Definition Of 'Writer' In An Age Of Opportunity, Sue Norton

Articles

This article considers the status of the writer at a time when publication is no longer elusive, given the immediacy of online dissemination. For those who identify as writers, it looks at the implications of blogging, social media, entrepreneurial self-publishing, and scholarly open access journals, including so-called ‘predatory’ ones. It argues for a distinction between day-to-day writing and composition, and seeks to establish a category for the writer that takes account of deliberation, craft, and readership. It juxtaposes the creative activity of Jack Kerouac, Virginia Woolf, Truman Capote, and Mother Goose against the linguist John McWhorter’s convincing dismissal of the …

Threading Together Abuse Of Process And Exclusion Of Evidence: How It Became Possible To Rebuke Mr. Big, Steve Coughlan

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This article argues that the objections to the Mr. Big investigation technique have been apparent since the very first use of it over a century ago, but that the law has not had the tools to give legal form to those objections until quite recently. The article traces the development of the abuse of process doctrine (from “none at all” to “forward-looking only” to “backward-looking as well”) and of exclusion of evidence (from “none at all” to “only for Charter breaches” to “for non-Charter breaches as well”). Based on that discussion, it argues that it is only in the past …

Literacy: Varied, Dynamic, And Multidimensional, Stephen B. Kucer Dr.

Journal of Family Strengths

This article examines the complex nature of literacy through a variety of lenses. The linguistic lens focuses on literacy as a language and multimodal process. The cognitive reveals the mental processes and strategies readers and writers employ to construct meanings through the linguistic and multimodal dimension. Not just a linguistic and cognitive process, the sociocultural lens examines literacy use within social and cultural contexts. Finally, the developmental lens explores the very active nature of literacy learners and their mediators.

Kamal Jamai V. Attorney General United States

2015 Decisions

Agency

Usa V. James Cole, Jr.

2015 Decisions

USDC for the Eastern District of Pennsylvania

In Re: Frederick H. Banks

2015 Decisions

USDC for the Western District of Pennsylvania

Dwayne Rieco V. William Hebe

2015 Decisions

USDC for the Middle District of Pennsylvania

Gary Zierke V. Warden Lewisburg Usp

2015 Decisions

USDC for the Middle District of Pennsylvania

In Re: Wheeler Zamichieli

2015 Decisions

USDC for the Eastern District of Pennsylvania

Young Song V. Attorney General United States

2015 Decisions

Agency

The Constitutional Dimensions Of Aboriginal Title, Brian Slattery

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

As the Supreme Court reaffirms in Tsilhqot’in Nation v. British Columbia (2014), Aboriginal title is a sui generis right which cannot be described in traditional property terms. This article argues that the explanation for this fact is that Aboriginal title is not a concept of private law. It is a concept of public law. It does not deal with the rights of private entities but with the rights and powers of constitutional entities that form part of the Canadian federation. If we look for analogies to Aboriginal title, we find a close parallel in Provincial title – the rights held …

Towards A Public Law Of Privacy: Meeting The Big Data Challenge, Lisa M. Austin

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Privacy law, to the extent that it regulates state information practices, wears two “public” hats. The first hat is constitutional law. For example, the Canadian Charter protects privacy through protecting individuals against unreasonable searches and seizures. The second hat is public sector data protection law modelled on what are known as Fair Information Practices (FIPs). For example, in Canada the federal Privacy Act regulates the collection, use and disclosure of personal information held by government institutions and provides individuals with a right of access to that information. The constitutional hat is concerned with state-individual relations in the context of law …

Kara Cattani, As Trustee Of The Oates Family Trust, Plaintiff/Appellant, V. Lyle Drake; Durham, Jones, & Pinegar, P.C., A Utah Professional Corporation; Daniel Maynard; And Maynard Cronin Erickson Curran & Sparks, P.L.C. Defendants/Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE DANIEL MAYNARD AND
MAYNARD CRONIN ERICKSON CURRAN & SPARKS, P.L.C.

Appeal from the Fifth Judicial District Court for Washington County, State of Utah
Judge Pamela G. Heffernan, Presiding

Aboriginal Title And The Provinces After Tsilhqot’In Nation, Kent Mcneil

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In Tsilhqot’in Nation v. British Columbia, the Supreme Court addressed two main issues: (1) the standard for proving the exclusive occupation upon which Aboriginal title depends; and (2) the application of provincial laws to Aboriginal title lands, both before and after title has been established. In her discussion of the second issue, Chief Justice McLachlin attempted to clarify the law by resolving contradictions arising from prior decisions of the Court, in part by rejecting the application of the doctrine of interjurisdictional immunity in this context. This article analyzes and critiques this aspect of her decision, and suggests alternatives that, it …

Salt Lake City, Plaintiff And Appellee, V. Rafael Reyes-Gutierrez, Defendant And Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from a judgment of conviction for one count of Retail Theft, a class A
misdemeanor, in violation of Utah Code §76-6-602 in the Third Judicial District, in and
for Salt Lake County, state of Utah, the Honorable Vernice Trease, presiding.

Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech, Timothy J. D’Elia

Catholic University Journal of Law and Technology

No abstract provided.

Law, Politics And Legacy Building At The Mclachlin Court In 2014, Jamie Cameron

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This article was written for Osgoode Hall Law School’s annual Consti- tutional Cases conference, and provides the keynote overview of the McLachlin Court’s 2014 constitutional jurisprudence. The Court’s 2014 constitutional decisions (Appointment and Senate References; Tsilhqot’in Nation; Trial Lawyers) and restrictions on Mr. Big operations (Hart), in combination with a tsunami of Charter decisions early in 2015 (the 2015 Labour Trilogy; Carter v. Canada; R. v. Nur; and others), made this a legacy-building year. More than an overview, this Article probes the nature of the McLachlin Court’s legacy this year and the relationship between legal and political dynamics, to ask: …