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Guns And Drugs, Benjamin Levin

Publications

This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, this Article uses as its test case the criminal regulation of gun possession. This Article identifies and distills three lines of drug war criticism and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, this Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social and economic costs of mass …

The Underground Rulification Of The Ordinary Business Operations Exclusion, Reilly S. Steel

Faculty Scholarship

In its landmark Cracker Barrel no-action letter, the SEC staff an­nounced a bright-line rule permitting exclusion of any shareholder pro­posal pertaining to a company’s management of its general workforce, even if focused on a significant social policy issue such as employment discrimination, under the “ordinary business operations” exclusion. The SEC reversed Cracker Barrel in 1998, returning to a case-specific approach to determining whether proposals fall under the exclusion. This Note examines 250 no-action letters from the 2015 proxy season and finds evidence indicating that the staff has, contrary to official SEC policy, returned to a rule-like approach to the ordinary …

The Life Cycle Of Dams: An Analysis Of Policy Change On The Rogue River, Oregon, Wendy Mcdermott

All Master's Theses

Every river system contains a unique set of attributes including biophysical characteristics, human created infrastructure, and stakeholder user groups. This thesis utilizes Lowry’s (2003) “Theoretical Framework for Policy Changes” to provide an analysis of fundamental policy change that occurred on the Rogue River in southwest Oregon through a comparative case study of the removal of two dams: Savage Rapids Dam (SRD) and the Gold Ray Dam (GRD). Fundamental change occurs when political receptivity is high and physical complexity is low. Political receptivity characterizes how decisions are made and physical complexity refers to how complicated implementing the decision may be. Application …

Early Identification And Prevention Of The Spread Of Ebola - United States, Chris A. Van Beneden, Harald Pietz, Robert D. Kirkcaldy, Lisa M. Koonin, Timothy M. Uyeki, Alexandra M. Oster, Deborah A. Levy, Maleeka Glover, Matthew J. Arduino, Toby L. Merlin, David T. Kuhar, Christine Kosmos, Beth P. Bell

Journal Articles: Epidemiology

In response to the 2014-2016 Ebola virus disease (Ebola) epidemic in West Africa, CDC prepared for the potential introduction of Ebola into the United States. The immediate goals were to rapidly identify and isolate any cases of Ebola, prevent transmission, and promote timely treatment of affected patients. CDC's technical expertise and the collaboration of multiple partners in state, local, and municipal public health departments; health care facilities; emergency medical services; and U.S. government agencies were essential to the domestic preparedness and response to the Ebola epidemic and relied on longstanding partnerships. CDC established a comprehensive response that included two new …

Heterogeneous Dynamic Spectrum Access In Cognitive Radio Enabled Vehicular Networks Using Network Softwarization, Swetha R. Reddy

College of Graduate Studies: Theses & Dissertations

Dynamic spectrum access (DSA) in cognitive radio networks (CRNs) is regarded as an emerging technology to solve the spectrum scarcity problem created by static spectrum allocation. In DSA, unlicensed users access idle channels opportunistically, without creating any harmful interference to licensed users. This method will also help to incorporate billions of wireless devices for different applications such as Internet-of-Things, cyber-physical systems, smart grids, etc. Vehicular networks for intelligent transportation cyber-physical systems is emerging concept to improve transportation security and reliability. IEEE 802.11p standard comprising of 7 channels is dedicated for vehicular communications. These channels could be highly congested and may …

Trademark Laundering, Useless Patents, And Other Ip Challenges For The Marijuana Industry, Sam Kamin, Viva R. Moffat University Of Denver College Of Law

Washington and Lee Law Review

No abstract provided.

Constitutional Law - The Second Amendment With A Rational Bite: Looking For A Heightened Standard Of Review - Chief Of Police Of City Of Worcester V. Holden, 26 N.E.3d 715 (Mass. 2015), Michael F. Grimes

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Lawn Sign Litigation: What Makes A Statue Content-Based For First Amendment Purposes, Leah K. Brady

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Who's Calling The Shots: Individual V. State: A Look Inside The Exemption Laws And The Threats Of Foregoing Vaccinations, Lyndsey B. Davis

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Reflections Of A Child Of The Sixties—I Have Lived To See The Post-Constitutional Era Through Guantánamo Bay Litigation, Stewart “Buz” Eisenberg

Western New England Law Review

This Article provides examples of how the Constitution’s Article III courts craft ways to amplify the voice of the voiceless and are the caretakers of a delicate constitutional democracy -- a democracy specifically designed to require its protection, governed by the Rule of Law. The Author described cumulative change in the wake of the atrocities of World War II from the Sixties when he was a child through the Civil Rights Act of 1964, the Warren Court, the Voting Rights Act, post-September 11, and finally to the dreadful theatre of Guantánamo Bay. Without the judiciary’s vigilance of the delicate balance …

Constitutional Law—The Real Id Act: Violating Massachusetts Residents’ Right To Travel And The Tenth Amendment, Jacqueline A. Miller

Western New England Law Review

The Real ID Act establishes minimum federal standards for the production and issuance of state-issued driver’s licenses. The Department of Homeland Security is implementing the Real ID Act through an enforcement schedule that sets out a timeline of where and when noncompliant state-issued driver’s licenses would be recognized for federal purposes in order to force states to comply.

Under the enforcement schedule, Massachusetts residents faced having their driver’s licenses not federally accepted from April to October of 2014. Currently, Massachusetts has an extension until October 10, 2016 to comply with the Real ID Act, causing Massachusetts driver’s licenses to be …

An Objective Protocol For Movable Bridge Operation In High-Wind Events Based On Hybrid Analyses By European And American Design Code, Timothy Prescott Nash

Master's Theses and Capstones

Movable bridges play an integral role in modern transportation infrastructure. As means of passage for both vehicular and naval traffic at a single location, their reliable performance is a necessity. However, with the thousands of movable bridges in the US – which are typically located in coastal environments that are typically highly susceptible to extreme weather events – there are few objective protocols defining the environmental conditions in which they can be safely operated. In order to define such conditions, wind speed and temperature variable wind loads were developed using multiple, structural load development codes for a case study site: …

Effects Of Climate Change On Tidal Marshes Along A Latitudinal Gradient In California, Usgs

State & Federal Reports and Publications

This report contains compiled physical and biological data, including coastal topography, tidal inundation, plant composition, and sediment accretion to project how SLR may alter these ecosystems in the future. The goal of our research was to provide results that support coastal management and conservation efforts across California.

Innovations In The Fight Against Human Trafficking: Advocates’ Perspectives And Proposals, Florrie Burke

NYLS Law Review

No abstract provided.

Fulk V. Norfolk Southern Railway Company, Jonathon Sizemore

NYLS Law Review

No abstract provided.

Palmer V. District Of Columbia, Brian Noel

NYLS Law Review

No abstract provided.

Illicit Trade As A Countervailing Effect: What The Fda Would Have To Know To Evaluate Tobacco Regulations, Mark Kleiman, James E. Prieger, Jonathan Kulick

All Faculty Open Access Publications

The Family Smoking Prevention and Tobacco Control Act [P.L. 111–31] gives the US Food and Drug Administration (FDA) the authority to regulate tobacco products, including placing restrictions on product composition, sale, and distribution. A complete accounting of the costs and benefits of any tobacco regulation includes harms from possible illicit trade in tobacco products (ITTP): costs of enforcement, violence, incarceration, etc. Indeed, the law instructs the FDA to take into account the “countervailing effects” of regulation on public health, “such as the creation of a significant demand for contraband or other tobacco products that do not meet the requirements.” While …

Florida Southwestern State College General Catalog 2015-2016, Florida Southwestern State College

FSW Course Catalogs

Florida SouthWestern State College General Catalog Volume Fifty Four. 2015-2016. Scanned by Internet Archive.

Far From The Madding Crowd: A Statutory Response To Crowd Crush, Tracy Hresko Pearl

Faculty Articles

Crowd-related injuries and deaths occur with surprising frequency in the United States. In recent years, crowd members in the United States have sustained significant injuries and even fatalities at concerts, sporting events, “doorbuster” sales, nightclubs, and large festivals. While some of these incidents have prompted victims to file negligence suits against event organizers and venue owners, common law has proven to be ineffective at addressing “crowd crush.” Indeed, courts have repeatedly held for defendants in these cases, making a series of scientific and legal errors in the process, and providing little incentive for organizers and owners to improve their crowd …

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

Faculty Articles

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 …

Efficient Load Rating And Quantification Of Life-Cycle Damage Of Indiana Bridges Due To Overweight Loads, Hun Cha, Boyuan Liu, Arun Prakash, Amit H. Varma

JTRP Technical Reports

In this study, a computational approach for conducting durability analysis of bridges using detailed finite element models is developed. The underlying approach adopted is based on the hypothesis that the two main factors affecting the life of a bridge structure are the level of repetitive loading it sustains and the natural condition of the bridge that may be thought of as a combined effect of both, physical processes in the environment that cause deterioration and any maintenance activity undertaken to thwart such processes. Detailed finite element models of representative bridges are developed and subjected to a set of representative traffic …

Comprehensive Analysis Of The Atlantic Coast Natural Gas Transmission Line, William David Young

Graduate Theses, Dissertations, and Problem Reports (ETD)

New energy sources are needed to sustain our constant need for energy as well as the development of the next generation. The Atlantic Coast Pipeline is over 600 miles in length and will provide consistent, clean energy to the energy consumers in Virginia and North Carolina from natural gas production in the states of West Virginia, Pennsylvania, and Ohio. A detailed analysis was performed looking at modern pipeline construction as well as multiple studies to determine the economic, social, and environmental impacts of this transmission line. A theoretical study was also performed comparing how this transmission line would impact the …

Accrediting Processes And Institutional Effectiveness At A California Community College, Ruby Sodhi

Walden Dissertations and Doctoral Studies

The implementation of the Accrediting Commission for Community and Junior Colleges' (ACCJC) 2002 Accreditation Standards significantly increased the number of sanctions on California community colleges resulting in a debate regarding the interpretation and application of the standards. This study examined the perceptions at a community college regarding compliance and the application of ACCJC's 2002 Standard IB on institutional effectiveness as defined by the Commission. This qualitative, exploratory case study used Etzioni's 2 constructs' organizational compliance and organizational effectiveness' as the conceptual framework. Data were collected from a focus group and interviews with 12 participants with experience in accreditation as well …

Integrated And Reducing Re-Entry Into The Criminal Justice System, Scott Huntington

Walden Dissertations and Doctoral Studies

Numerous studies have focused on the effectiveness of integrated treatment services for people with cooccurring disorders (CODs) within the criminal justice system (CJS). However, there has been a paucity of research on the effectiveness of community-integrated treatment services with CODs and influences on decreasing their interaction within the CJS. This study quantitatively examined the possible relationships between integrated treatment services and CODs and their effect on decreasing interactions within the CJS. The sample (N = 320) consisted of people with CODs from a community-based facility. The statistical analysis was a 2-way (2 x 2) and 3-way (2 x 2 x …

The Impact Of Religiosity And Gender On Attitudes Toward Juvenile Sex Offenders, Angela Marie Barteau

Walden Dissertations and Doctoral Studies

Personal characteristics of mental health professionals can impact their attitudes toward juvenile sex offenders (JSOs) and affect treatment. The correlation between mental health professionals' religiosity and their attitudes has not been examined, and there is limited research about the correlation between professionals' gender and attitudes. The purpose of this study was to examine how mental health professionals' religiosity and gender related to their attitudes toward JSO treatment. Labeling theory provided the theoretical foundation for this study. This theory posits that individuals label certain populations, such as sex offenders, as deviant and this labeling perpetuates a cycle of criminal behavior. Using …

Punishing Property Offenders: Does Moral Correction Work?, Sharona Aharony-Goldenberg, Yael Wilchek-Aviad

Touro Law Review

No abstract provided.

The Big Picture View Of Anonymous Tips From Ordinary People, Amanda M. Dadiego

Touro Law Review

No abstract provided.

Real-Time Drowsiness Detection Using Wearable, Lightweight Eeg Sensors, Rohit

Graduate Theses, Dissertations, and Problem Reports (ETD)

Driver drowsiness has always been a major concern for researchers and road use administrators. It has led to countless deaths accounting to significant percentile of deaths world over. Researchers have attempted to determine driver drowsiness using the following measures: (1) subjective measures (2) vehicle-based measures; (3) behavioral measures and (4) physiological measures.;Studies carried out to assess the efficacy of all the four measures, have brought out significant weaknesses in each of these measures. However detailed and comprehensive review has indicated that Physiological Measure namely EEG signal analysis provides most reliable and accurate information on driver drowsiness. In this paper a …

The Original Understanding Of "Property" In The Constitution, Paul J. Larkin Jr.

Marquette Law Review

Contemporary Supreme Court jurisprudence treats “property” as far less deserving of judicial protection than “life” or “liberty.” The Supreme Court, however, has misread American legal history. Anglo-American traditions, customs, and law held that property was an essential ingredient of the liberty that the Colonists had come to enjoy and must be protected against arbitrary governmental interference. The Framers’ generation believed that “property” and “liberty” were equally important institutions and that neither one could exist without the other. The Framers venerated property as a means of guaranteeing personal independence because (among other things) the concept of “property” embraced the legal rights …

Colleges Should Be Preparing Their Own Leaders, Aldemaro Romero Jr.

Publications and Research

No abstract provided.