Digital Commons Network^™

Agencies And Science-Experiment Risk, Eric E. Johnson

Faculty Articles

There is a curious absence of legal constraints on U.S. govern­ment agencies undertaking potentially risky scientific research. Some of these activities may present a risk of killing millions or even destroying the planet. Current law leaves it to agencies to decide for themselves whether their activities fall within the bounds of acceptable risk. This Article explores to what extent and under what circumstances the law ought to allow private actions against such non­ regulatory agency endeavors. Engaging with this issue is not only interesting in its own right, it allows us to test fundamental concepts of agency competence and the …

Ongoing Deformation Of Sinkholes In Wink, Texas, Observed By Time-Series Sentinel-1a Sar Interferometry (Preliminary Results)

KIP Articles

Spatiotemporal deformation of existing sinkholes and the surrounding region in Wink, TX are probed using time-series interferometric synthetic aperture radar (InSAR) methods with radar images acquired from the Sentinel-1A satellite launched in April 2014. The two-dimensional deformation maps, calculated using InSAR observations from ascending and descending tracks, reveal that much of the observed deformation is vertical. Our results indicate that the sinkholes are still influenced by ground depression, implying that the sinkholes continue to expand. Particularly, a region 1 km northeast of sinkhole #2 is sinking at a rate of up to 13 cm/year, and its aerial extent has been …

Overseeing Agency Enforcement, Rachel E. Barkow

Faculty Articles

A big part of what agencies do — indeed, the core of their executive power—is law enforcement. Whether it is a statute or an agency regulation, agencies make sure that individuals and entities comply with the law. In the case of some agencies, such as prosecutors’ offices or police departments, all they do is law enforcement; they do not possess rulemaking or judicial powers. Even for agencies that possess an array of powers, including rulemaking, enforcement is typically a core part of successfully achieving their statutory mission. Agency authorizing statutes typically give the agency broad discretion to set enforcement policies …

Living To Fight Another Day: Judicial Deferral In Defense Of Democracy, Rosalind Dixon, Samuel Issacharoff

Faculty Articles

Even many years after Marbury v. Madison, and even in the face of the spread of aggressive constitutional court review in democracies around the world, the ability of courts to assert their authority against the political branches continues to demand explanation. Especially in newly minted democracies, and most so in countries emerging from authoritarian rule, how courts can engage the misuse of state power remains a bit of a mystery. This Article examines the hitherto under-studied phenomenon of judicial deferral as providing some insight into how courts acquire the institutional capacity to engage in robust judicial review and, in particular, …

Little Citizens And Their Families, Peggy C. Davis

Faculty Articles

Professor Davis comments on the usefulness of the concept of human dignity in calibrating governments’ and families’ competing authority over, and complementary duty towards, their children.

Alvaro Uribe Velez: Maintaining Popularity Despite Significant Government Scandals, Juliana A. Canas Baena

Scripps Senior Theses

Despite the scandals and the increase in violence towards vulnerable communities, Uribe and his government still had an extremely high approval rating. His popularity may be explained as a result of the majority of citizens benefitting from his policies because while they violate human rights, they function as mechanisms that support and enhance his success in delivering stability to Colombia’s middle and upper-classes. Moreover, Uribe did not address critics of his government or the media, instead he created a discourse that his government and its policies were responsible for successfully combatting the guerrillas and cartels and improving the economy. Thus …

A Mitigation Based Rationale For Incorporating A Climate Change Impacts Fee Into The Federal Coal Leasing Program, Michael Burger

Sabin Center for Climate Change Law

This paper describes the legal and policy rationale for imposing a fee on federal coal that reflects the costs of the climate change impacts generated by that coal. It notes that the federal government has a duty to mitigate climate impacts from the federal coal leasing program, and that the Department of Interior (“Interior”) and the Bureau of Land Management (“BLM”) have ample authority to impose a climate change impacts fee on coal leases as a form of compensatory mitigation for those coal leases. The paper also discusses technical issues that should be considered when assessing the effectiveness of this …

Thinkable: The Charter And Refugee Law After Appulonappa And B010, Colin Grey

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

Appulonappa and its companion case, B010, lie at the confluence of many debates about global migration and its governance. Both cases arose following the arrival in Canada of hundreds of Sri Lankan Tamils on two cargo boats, the M.V. Ocean Lady in October 2009 and the M.V. Sun Sea in August 2010. These were asylum seekers who came to Canada on dangerous vessels because more secure, less costly routes were shut to them. They were also illegal immigrants whose success entering Canada might fuel more migrant smuggling, a transnational criminal phenomenon with the potential to undermine national security. Safe to …

Miscarriage Of Justice: The Cognizability Of § 2255 Claims For Erroneous Career Offender Sentences, Matthew B. Rosenthal

Georgia Law Review

Career offender sentencing enhancements present difficult questions for courts. One of the most difficult of these questions is deciding what crimes warrant the application of these serious enhancements. Federal courts sentencing defendants often must decide, with little guidance, what offenses constitute a "crime of violent" or "violent felony." On a few occasions, the Supreme Court has stepped in and told lower courts that certain crimes do not fit within these categories, and that their interpretation of the career offender enhancement is incorrect. Often, the recognition of this misapplication of the enhancements occurs years after an individual defendant has been convicted, …

Galveston Weekly News, January 1861-December 1862, Vicki Betts

By Title

Selected articles from the Galveston Weekly News, January 1861-December 1862.

[Shreveport, La] South-Western, April 1863-March 1864, Vicki Betts

By Title

Selected articles from The South-Western, published in Shreveport, Louisiana, from April 1863 through March 1864.

Fact Book 2016-17, Western Michigan University

Western Michigan University Fact Books

• General Information
• Colleges at WMU
• Headcount
• Demographics
• Extended University Programs
• Freshmen Faculty
• Information

Town Of Plainfield, New Hampshire Annual Reports 2015. Annual Reports Of The Officers And Selectmen And The School District., Plainfield Town Representatives

Plainfield, NH Annual Reports

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

Annual Report Of The Officers 2015 Town Of Orange, New Hampshire., Orange Town Representatives

Orange, NH Annual Reports

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

2015 Annual Report Town Of Candia, New Hampshire Town And School District Reports For The Year Ending December 31, 2015., Candia Town Representatives

Candia, NH Annual Reports

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

Annual Reports Of The Selectmen, Treasurer, Town Clerk/ Tax Collector, Departments, Boards, Commissions, Committees And Organizations Of The Town Of Bow, New Hampshire Together With The Reports Of The Bow School District For The Year 2015., Bow Town Representatives

Bow, NH Annual Reports

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

Impact Of Dementia Behavioral Crises Events On First Responder And Family Systems In Idaho: An Exploratory Study, Trina Stolp, Mary Brown, Sarah Toevs, Mike Berlin

Public and Population Health Faculty Publications and Presentations

Enhancing quality of life for people with dementia is identified in Healthy People 2020 as a public health priority. In Idaho, the proportion of individuals diagnosed with Alzheimer’s disease and related dementias (ADRD) is projected to increase by 81 % - 127 % between 2000 and 2025. Policies designed to address needs of this population must be based on an understanding of system wide impacts of disease. The purpose of this exploratory study was to examine the impact of behavioral crises related to dementia on first responders. For the purpose of this study, “first responders” were defined as individuals employed …

Federal Government As Your Partner: What Advocates Should Know About Federal Resources For Veterans' Legal Aid, Allie Yang-Green, Karen Lash

South Carolina Law Review

No abstract provided.

Hiv Stigma In Prisons And Jails: Results From A Staff Survey, Steven Belenko, Richard Dembo, Michael Copenhaver, Matthew Hiller, Holly Swan, Carmen A. Garcia, Daniel O'Connell, Carrie Oser, Frank Pearson, Jennifer Pankow

Criminology Faculty Publications

With numerous HIV service gaps in prisons and jails, there has been little research on HIV stigma attitudes among correctional staff. Such attitudes may undermine HIV services for inmates at risk of or infected with HIV. This HIV stigma attitudes survey among 218 correctional staff in 32 US facilities (1) provides an overview of staff’s stigma attitudes, (2) reports psychometric analyses of domains in Earnshaw and Chaudoir’s HIV Stigma Framework (HSF), and (3) explores differences in stigma attitudes among different staff types. Overall, correctional and medical staff expressed non stigmatizing attitudes toward people living with HIV/AIDS, but perceived that stigma …

Earthquake Hazard Mitigation In The New Madrid Seismic Zone: Science And Public Policy, Alice M. Orton, Zhenming Wang, Lanmin Wang, Edward W. Woolery

Report of Investigations--KGS

In the central United States, earthquake sources that are not well defined, long earthquake recurrence intervals, and uncertain ground-motion attenuation models have contributed to an overstatement of seismic hazard for the New Madrid Seismic Zone on the national seismic hazard maps published by the U.S. Geological Survey. A series of informal interviews in western Kentucky with local businesspersons, public officials, and other professionals in occupations associated with seismic-hazard mitigation discussed seismic-mitigation policies in relation to depressed local economy. Scientific and relative economic analysis was then performed using scenario earthquake models developed with the Federal Emergency management Agency's Hazus-MH software. The …

Public Policy Arguments For Enacting Kentucky's Cannabis Freedom Act, Amanda Goff Connors

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

A Tool For Beamforming And Real-Time Link Budget Analysis In Aeronautical Communications Using Kinematics, M. Cenk Erturk, Yasin Aksan

Electrical Engineering Faculty Publications

Aeronautical Communication (AC) systems are likely to be a part of future tiered communication network structures. Therefore maintaining a robust AC link with a minimum power burden on the host platform has a critical importance. In this paper, we analyze the AC systems from a link budget analysis point of view and define the requirements for the parameters of link budget with an emphasize on antenna gains. First, we study the link budget analysis in an AC system. Then, we present a mathematical framework to provide an end-to-end link budget analysis utilizing the platform kinematics. Finally, we present the numerical …

City Of Concord Fy 2016 Annual Report., Concord Town Representatives

Concord, NH Annual Reports

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

Too Much Information!: The Need For Stronger Privacy Protection For The Online Activities Of Employees And Applicants, Ralph Carter

Journal of Civil Rights and Economic Development

No abstract provided.

Denying Access To Justice During A Carceral Crisis, Brett Dignam

IMPACT: Collected Essays on Expanding Access to Justice

No abstract provided.

Narrative Report Of The Town Officers Of Amherst, New Hampshire For The Year Ending December 31, 2015, And Financial Records For Fiscal Year Ending June 30, 2015., Amherst Town Representatives

Amherst, NH Annual Reports

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

Annual Report Of The Town Officers For The Year Ending December 31, 2015., Easton Town Representatives

Easton, NH Annual Reports

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

2015 Annual Report Highland Haven Village District Town Of Washington, Nh., Highland Haven Village District Representatives

Highland Haven Village District of Washington, NH Annual Reports

This is an annual report containing vital statistics for a Village District in the state of New Hampshire.

Annual Report For The Town Of Hollis, New Hampshire For The Year Two Thousand Fifteen. Annual Reports Of The Officers And Committees Of The Town Of Hollis, New Hampshire For The Year Ending December 31, 2015 With Reports Of The Hollis School District And The Hollis/Brookline Cooperative School District., Hollis Town Representatives

Hollis, NH Annual Reports

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

Annual Report Of The Officers Within The Town Of Holderness, New Hampshire, Year Ending December 31, 2015., Holderness Town Representatives

Holderness, NH Annual Reports

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