Digital Commons Network^™

Person, State, Or Not: The Place Of Business Corporations In Our Constitutional Order, Daniel J.H. Greenwood

University of Colorado Law Review

Business corporations are critical institutions in our democratic republican, market-based, economic order. The United States Constitution, however, is completely silent as to their status in our system. The Supreme Court has filled this silence by repeatedly granting corporations rights against the citizenry and its elected representatives.

Instead, we ought to view business corporations, like municipal corporations, as governance structures created by We the People to promote our general Welfare. On this social contract view, corporations should have the constitutional rights specified in the text: none. Instead, we should be debating which rights of citizens against governmental agencies should also apply …

"Get Tough On Juvenile Criminals": An Assessment Of Punitiveness And Punitive Attitudes, Richard Charles Gehrke

All Graduate Theses, Dissertations, and Other Capstone Projects

This quantitative study surveyed college students (n=111), currently attending a community college in northeastern Minnesota, regarding whether juveniles should receive the same due process rights as adults, what the primary goal of the juvenile justice system should be, whether juveniles charged with serious offenses should be tried as adults, and whether juveniles convicted of committing a serious offense should be sentenced as adults. Utilizing two competing theoretical frameworks, the researcher hypothesized that students who self-identify with a conservative political ideology would be more punitive than students who self-identify with a liberal political ideology. The researcher's second hypothesis was that students …

Characterization Of Foreign-Born Vs. U.S. Native-Born Worker Fatalities In Kentucky, 2001-2014, Yailet Cruz Galardy

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

Background: Foreign-born workers may be more vulnerable to fatal and nonfatal work injuries. Available information on the differences that exist between foreign-born and U.S. native-born worker fatal injuries is scarce. This study aims to describe and characterize occupational fatal injuries in foreign-born and U.S. native-born workers in Kentucky.

Methods: A retrospective descriptive analysis of foreign-born vs. U.S. native-born worker fatalities was performed over a 14-year period from 2001-2014 using Kentucky Fatality Assessment and Control Evaluation (FACE) program worker fatality surveillance data.

Results: From 2001-2014, there were a total of 87 foreign-born and 1,361 native-born worker fatalities. The average age of …

A Controversial Bill (H.R. 897) To Mosquito Control Programs: A Policy Analysis, Charles Guissou

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

The primary purpose of this paper was to analyze the legal, financial, and administrative burdens of the Pesticides General Permit on mosquito control programs from a policy perspective. Mosquito control is often highly controversial, particularly when it involves the use of pesticides that have their own potentially serious health and environmental impacts. In 2009, the Environment Protection Agency issued the permit to be obtained by pesticide applicators before pesticides could be discharged into waterways in addition to existing Federal Insecticides, Fungicides, and Rodenticides Act (FIFRA) regulations. Some provisions of the permit could impact mosquito control activities. Therefore, in response to …

Uno Website Nsfp 2016 Orientation Guide, Uno New Student & Family Programs

Student Support

An illustrated overview of the resources offered by UNO to students in the academic year 2016-2017. UNO has cracked the code to being successful in college, and with so many caring and supportive faculty, staff, and other students committed to your success, there are only three simple things you need to do: Connect. Take Care. Get Help.

Uno Website: Uno Student Safety, University Of Nebraska At Omaha

Student Support

All members of the UNO community are responsible for ensuring the safety and security of our students while treating them with honesty and respect. Our Division of Student Affairs works closely with campus and community partners to provide a number of resources to assist students and their families.

Humbug: Toward A Legal History, Susanna Blumenthal

Buffalo Law Review

No abstract provided.

Impact Transaction: Lawyering For The Public Good Through Collective Impact Agreements, Patience A. Crowder

Scholarly Works

No abstract provided.

Decriminalizing Violence: A Critique Of Restorative Justice And Proposal For Diversionary Mediation, M. Eve Hanan

Scholarly Works

In this article, Professor Hanan explores the issues surrounding reforms to the criminal justice system, juveniles, and conflict resolution. She asserts that enthusiasm for restorative justice as the best method of out-of-court dispute resolution in criminal cases should be tempered in favor of mediation, which is neutral because it does not assume that the accused is guilty and that "healing" or repair is warranted. Because decriminalization is not complete and the state retains jurisdiction, Professor Hanan argues for a neutral mediation program, which should (1) function to reduce overall contact with the criminal courts and (2) include procedural safeguards in …

Untangling The Web: Juvenile Justice In Indian Country, Addie C. Rolnick

Scholarly Works

The juvenile justice system in Indian country is broken. Native youth are vulnerable and traumatized. They become involved in the system at high rates, and they are more likely than other youth to be incarcerated and less likely to receive necessary health, mental-health, and education services. Congressional leaders and the Obama administration have made the needs of Indian country, especially improvement of tribal justice systems, an area of focus in recent years. The release of two major reports—one from a task force convened by the Attorney General to study violence and trauma among Native youth and the other from a …

Binding The Enforcers: The Administrative Law Struggle Behind Pres. Obama’S Immigration Actions, Michael Kagan

Scholarly Works

President Obama’s ambitious use of executive discretion in immigration – especially the DACA and DAPA programs – should be understood in context of a struggle within the executive branch between the President and frontline enforcement officers in the Department of Homeland Security who have actively resisted his policy agenda. The so far successful litigation by 26 states to partially halt these programs has focused on this struggle within the executive branch, rather than on the stalemate between the President and Congress over legislative immigration reform. In preliminary rulings, the federal district court and the Court of Appeals have interpreted ambiguous …

The House Edge: On Gambling And Professional Discipline, Stacey A. Tovino

Scholarly Works

On March 26, 2014, the Iowa Supreme Court revoked the license to practice law of Cedar Rapids attorney Susan Hense. Admitted to the Iowa Bar in 1996, Hense subsequently misappropriated $837,000 in client trust funds to feed her addiction to casino gambling. This Article assesses how attorneys like Hense who are addicted to gambling are treated in professional disciplinary actions, including license suspension, revocation, and reinstatement proceedings. Themes that emerge include public misunderstanding of gambling disorder, stigma against individuals with gambling disorder, statutory recognition of substance addictions but not behavioral addictions, and mandatory attendance at religion based fellowship meetings as …

Two Models Of Pre-Plea Discovery In Criminal Cases: An Empirical Comparison, Jenia I. Turner, Allison D. Redlich George Mason University

Washington and Lee Law Review

Our criminal justice system resolves most of its cases through plea bargains. Yet the U.S. Supreme Court has not required that any evidence, even exculpatory or impeachment evidence, be provided to the defense before a guilty plea. As a result, state rules on pre-plea discovery differ widely. While some jurisdictions follow an “open-file” model, imposing relatively broad discovery obligations on prosecutors early in the criminal process, others follow a more restrictive, “closed-file” model and allow the prosecution to avoid production of critical evidence either entirely or until very near the time of trial. Though the advantages and disadvantages of both …

Graduate Catalogue 2016-2017, Seton Hall University

Graduate Catalogues

No abstract provided.

Fired Anti-Gay Atlanta Fire Chief Strikes Back In Lawsuit, Arthur S. Leonard

Other Publications

No abstract provided.

Espoused And Practiced Stakeholder Engagement In Support Of Corporate Social Responsibility Within The United States Healthcare Sector, Jacqueline J. Macias

Theses and Dissertations

This qualitative study provides a snapshot into what corporations say and what they do with regard to stakeholder engagement in the context of Corporate Social Responsibility (CSR) and considers the difference in the promises made and the actions taken by corporations in the minds of stakeholders. As the research of CSR questions what a corporation is responsible for and Stakeholder Theory (ST) questions whom the corporation is responsible to, CSR and ST provide conceptual frameworks for the study. A genuine commitment to CSR and stakeholder engagement contributes to sustainability, impacting the Triple Bottom Line (TBL) of an organization. According to …

Checks, Balances, And Nuclear Waste, Bruce R. Huber

Journal Articles

The Nuclear Waste Policy Act of 1982 established a process for siting and constructing repositories for nuclear waste. When Nevada’s Yucca Mountain emerged as a likely repository site, that state’s officials and allies exercised the numerous political and legal checks afforded by the Act and appear, at least for the time being, to have defeated the selection. But Nevada’s victory may well be the nation’s loss. In the absence of a national waste repository, nuclear power plant operators have no choice but to store spent nuclear fuel on site, where it presents a number of risks not contemplated by the …

Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez

St. Mary's Law Journal

Abstract Forthcoming.

The Environmental, Social And Economic Impacts Of An Artificial Surf Reef - The Uk Experience, Emma Jane Rendle

School of Biological and Marine Sciences Theses

The study presented in this thesis discusses the topic of ASRs through the use of a specific case study constructed at Boscombe, UK. With the main aim to provide an impartial and independent study into the environmental, social and economic impacts of an ASR. The research presented is therefore multidisciplinary in nature, the separate components utilise key techniques from the geophysical, numerical modelling and socio-economic disciplines are combined to present a significant contribution to the knowledge and understanding of ASRs. Whilst previous studies have focused on one of these disciplines, there are no independent detailed studies of a constructed ASR …

Closing The Gap: Daca, Dapa, And U.S. Compliance With International Human Rights Law, David B. Thronson

Case Western Reserve Journal of International Law

Political rhetoric and ongoing litigation that challenge the use of prosecutorial discretion and deferred action in immigration law often prominently feature claims that these initiatives demonstrate a lack of respect for the rule of law. This short essay seeks to highlight gaps between U.S. immigration law and its international human rights obligations and identify ways in which the use of discretion can advance rather than undermine the rule of law. In reconciling the ability of States to control matters of immigration with protections of family integrity, the touchstone in international law is balance. A State's right to expel a non-citizen …

The Blue Ridge Railroad: Letters Of Mr. George A. Trenholm And Mr. William Gregg On That Subject - Accession 1208 - M575 (628), Blue Ridge Railroad, George A. Trenholm, William Gregg

Manuscript Collection

The collection consists of a booklet of letters to the editor from George A. Trenholm and William Gregg concerning The Blue Ridge Railroad. This railroad was to be built to complete the connection of the line that was to run from Charleston, SC to Cincinnati, Ohio. This line would have run from Anderson, SC to Knoxville, TN. Construction began in 1854 and ceased just before the beginning of the Civil War. The railroad was never completed. The letters appeared in the Edgefield Advertiser, Charleston Courier, and Charleston Mercury in 1860.

Face Recognition-Based Real-Time System For Surveillance, Fahad Parvez Mahdi, Md. Mahmudul Habib, Susan Mckeever, A.S.M. Moslehuddin, Pandian Vasant

Articles

The ability to automatically recognize human faces based on dynamic facial images is important in security, surveillance and the health/independent living domains. Specific applications include access control to secure environments, identification of individuals at a particular place and intruder detection. This research proposes a real-time system for surveillance using cameras. The process is broken into two steps: (1) face detection and (2) face recognition to identify particular persons. For the first step, the system tracks and selects the faces of the detected persons. An efficient recognition algorithm is then used to recognize detected faces with a known database. The proposed …

Incarcerated Mother, Invisible Child, Rebecca Covington

Emory International Law Review

The significant increase in the American prison population over the last three decades generated nationwide discussion about the need for criminal justice reform. This discussion has largely ignored the impact on the children of incarcerated individuals, especially incarcerated mothers. This Comment argues that the United States should make supporting incarcerated mothers and their children a primary focus in its criminal justice system. In doing so, the United States should look to international standards'in particular the Bangkok Rules and the Convention on the Rights of the Child'as well as the criminal justice reform to support incarcerated mothers and their children in …

The Effect Of The Successful Assertion Of The State Secrets Privilege In A Civil Lawsuit In Which The Government Is Not A Party: When, If Ever, Should The Defendant Shoulder The Burden Of The Government’S Successful Privilege Claim?, Edward J. Imwinkelried

Wyoming Law Review

No abstract provided.

Exploring Professional Development For Missouri City Police Department Sergeants, Keith Jemison

All Capstone Projects

The purpose of this project was to explore creation of an organizational development program that prepares potential mid-level managerial candidates to effectively assume the responsibilities associated with the rank of Sergeant in the Missouri City Police Department (MCPD). To that end, the researcher sought to identify the Knowledge, Skills, Abilities (KSA) and/or resources, if any, perceived by internal stakeholders, more specifically holding the rank of Sergeant as well as those who supervise those holding the rank of Sergeant, to be beneficial to potential candidates who want to assume the responsibilities of the position or to those who already hold the …

What Is Near And Recent In Crime For A Homeowner? The Cases Of Denver And Seattle, Adam Nowak, Juan Tomas Sayago Gomez

Regional Research Institute Working Papers

This paper analyzes the effects of the concentration of crime on housing prices using nonparametric methods. Specifically, we use a modified local K-function in order to measure crime concentration. This technique provides us with a crime measure that is not dependent on pre-defined boundaries. Results from this analysis suggest a decrease in housing prices of two percent to seven percent for crimes in the past six months that occur within a quarter of a mile of the house.

Juvenile Life Without Parole In Law And Practice: Chronicling The Rapid Change Underway, John R. Mills, Anna M. Dorn, Amelia Courtney Hritz

American University Law Review

No abstract provided.

Uf Law Magazine Fall 2016, University Of Florida Levin College Of Law

UF Law Magazine

College of Law Highlights; Class Notes; Dean Launches Summer Tour

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

Dummer, NH Annual Reports

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

Caselaw Developments 2015, William O. Fisher

Law Faculty Publications

This report was prepared for the ABA Business Law Section’s Federal Regulation of Securities Committee, Subcommittee on Annual Review. The paper contains sections on relevant Supreme Court decisions, SEC rulemaking, SEC enforcement actions, proxy solicitation, forward-looking statements, insider trading, materiality, duty to disclose, Scienter and scienter pleading, and the Securities Litigation Uniform Standards Act ("SLUSA").