Digital Commons Network^™

The Sky Is The Limit: Faa Regulations And The Future Of Drones, Joshua Kohler

Colorado Technology Law Journal

No abstract provided.

Save Our Sandbox: A Prospective Approach To Big Player Participation In The Unlicensed Spectrum Space, Savannah P. Schaefer

Colorado Technology Law Journal

No abstract provided.

Hands Up: A Systematized Review Of Policing Sex Workers In The U.S., Fabian Luis Fernandez

Public Health Theses

This work lays the foundation for a study of criminalization and its effects on the health of street-based sex workers in the U.S. seeking to: 1) conduct a systematized review of sources from across the country settling on seventeen that describe experiences of harassment, false arrests, theft, physical abuse, sexual assault, HIV criminalization, survival tactics, reporting practices, and positive relations with law enforcement and 2.) compare the U.S. literature to international research, reflecting on the ways that public health researchers remain complicit in sustaining these harmful institutions by failing to consider diversity, the criminalized context of sex work, the links …

Note, Are Officers Equipped To Protect And Serve Their Communities? An Examination Into The Militarization Of America's Police And Police Legitimacy, Jaclyn M. D'Esposito

Notre Dame Journal of Law, Ethics & Public Policy

Tension between police officers and local residents is nothing new. Community relationships with and perceptions of law enforcement have ebbed and flowed over the years. Nonetheless, the fact that recent criticisms of law enforcement practices are not novel does not mean that claims about mistrust in local police are unfounded. However, surprisingly absent from discussions about present problems with law enforcement are what caused the "broken relationship" between officers and their communities, and how to mend these ever-increasing rifts. This Note seeks to fill that void by uncovering what has caused the current and deteriorated relationship between law enforcement and …

Regulating Software When Everything Has Software, Paul Ohm, Blake Reid

Publications

This Article identifies a profound, ongoing shift in the modern administrative state: from the regulation of things to the regulation of code. This shift has and will continue to place previously isolated agencies in an increasing state of overlap, raising the likelihood of inconsistent regulations and putting seemingly disparate policy goals, like privacy, safety, environmental protection, and copyright enforcement, in tension. This Article explores this problem through a series of case studies and articulates a taxonomy of code regulations to help place hardware-turned-code rules in context. The Article considers the likely turf wars, regulatory thickets, and related dynamics that are …

Social Work Ethics: Decision Making And Accountability, James J. Clark, Molly Malany Sayre

Sociology, Anthropology, and Social Work Faculty Publications

Book accompanies course that examines the interplay of social work, values, ethics, and decision-making processes. Through the use of practice scenarios, social workers will learn how to approach risk management and thorny ethical dilemmas that are common to many practice areas. The course discusses the role of laws and regulations in regard to ethics, highlights the importance of the distinction between legal and moral problems, and describes the National Association of Social Workers (NASW) Code of Ethics.

A Case Study Of Factors Influencing Remote University Nursing Graduates And Their Decision To Work In A Remote Hospital, Sally Clark

Theses

The health of the rural population in Western Australia (WA) is predicated on equity and access to healthcare facilities with nurses being the main component of front line staff. There continues to be a nurse shortage particularly in remote regions of Australia where the poor health status of Australian Indigenous people, and an increasing ageing population are a perennial problem. The Kimberley, the setting for this study, is a remote region in the north of WA. It has a landmass of 423,517 square kilometres with a significantly low-density population compared to the total WA population. Nearly half of the Kimberley …

The Case In Favor Of Civil Justice Reform, Victor E. Schwartz, Cary Silverman

Emory Law Journal Online

In October 2015, Emory University School of Law hosted a provocatively titled symposium, 'The `War' on the U.S. Civil Justice System.' The program was co-sponsored by the Pound Civil Justice Institute, a 'think tank' founded and controlled by leaders of the plaintiffs' bar that advocates for expansions in liability through presenting legal education seminars and publishing papers. The introduction to the symposium edition waxes nostalgic for the civil justice system of '[a] half-century ago,' which was 'a much-admired, well-organized process for resolving disputes, generally in public, before juries and independent judges.' As this Essay will show, at that time, the …

Police Action And The State-Created Danger Doctrine: A Proposed Uniform Test, Christopher Eisenhauer

Penn State Law Review (2003 - Present)

No abstract provided.

Had To Be Held Down By Big Police: A Therapeutic Jurisprudence Perspective On Interactions Between Police And Persons With Mental Disabilities, Michael L. Perlin, Alison Lynch

Articles & Chapters

It is a truism that the largest mental health facilities in the nation are the nation’s largest urban jails. Most of the predictable solutions that are offered to curb the influx of individuals with mental illness into jails -- especially those that urge the loosening of civil commitment standards and the return to large psychiatric institutions -- are dreary at best, unconstitutional at heart, and mean-spirited at worst. However, we pay remarkably little attention to one of the primary causes of this reality: the decisionmaking processes "on the street" by police officers who choose to apprehend and arrest certain cohorts …

“Chi S’Aiuta, Dio L’Aiuta”: Balancing Italy’S Right To Utilize Assisted Reproductive Technologies With The Teachings Of The Catholic Church, Erin A. Mcmullan

Brooklyn Journal of International Law

Adelina Parrillo never anticipated starting a prolonged legal battle when she requested her embryos be donated for scientific research. The restrictive legislation in place in Italy, inevitably influenced by the Catholic Church, mandated that she either implant the embryos or store them indefinitely. After a long drawn out battle with the Italian courts, she desperately sought assistance from the European Court of Human Rights (ECtHR), a court tasked with protecting the rights of individuals such as Parrillo from the overreaching of Member States. The ECtHR) acknowledged that this decision, to donate her unused embryos to medical research, was within the …

Tourism And "Quality Of Life" At The End Of Franco's Dictatorship, Eugenia Afinoguénova

Spanish Languages and Literatures Research and Publications

No abstract provided.

Share And Share Dislike: The Rise Of Uber And Airbnb And How New York City Should Play Nice, Alexandra Jonas

Journal of Law and Policy

Uber and Airbnb are two companies in the emerging “sharing economy” that provide individuals with a means to become entrepreneurs and benefit from a laissez-faire business model. The problem, however, is that while the benefits to users are great, so too are the risks. The dangers of operating without restraint and circumventing existing law are not only potentially harmful to unapprised users, but also adversely affect the continued use of these businesses. Every aggrieved user complaint has the potential for a lawsuit and every violation creates an opportunity for penalties. Left over are attempts by the courts and city government …

Trying To Fit A Square Peg Into A Round Hole: Why Title Ii Of The Americans With Disabilities Act Must Apply To All Law Enforcement Services, Michael Pecorini

Journal of Law and Policy

Police use of force has been subject to greater scrutiny in recent years in the wake of several high-profile killings of African Americans. Less attention, however, has been paid to the increasingly routine violent encounters between police and individuals with mental illness or intellectual and development disabilities (“I/DD”). This is particularly problematic, as police have become the de-facto first responders to these individuals and far too often police responses to these individuals result in tragedy.

This Note argues that the Americans with Disabilities Act requires law enforcement to provide reasonable accommodations during their interactions with and seizures of individuals with …

The Invisible Revolution In Plea Bargaining: Managerial Judging And Judicial Participation In Negotiations, Nancy J. King, Ronald F. Wright

Vanderbilt Law School Faculty Publications

This article, the most comprehensive study of judicial participation in plea negotiations since the 1970s, reveals a stunning array of new procedures that involve judges routinely in the settlement of criminal cases. Interviewing nearly 100 judges and attorneys in ten states, we found that what once were informal, disfavored interactions have quietly, without notice, transformed into highly structured, best practices for docket management. We learned of grant-funded, problem-solving sessions complete with risk assessments and real-time information on treatment options; multi-case conferences where other lawyers chime in; settlement courts located at the jail; settlement dockets with retired judges; full-blown felony mediation …

International Standards In Regulating Space Travel: Clarifying Ambiguities In The Commercial Era Of Outer Space, Juan Davalos

Emory International Law Review

The era of commercial space law has ushered in new commercial uses of space travel not imagined by, and not well governed by, current international space law. In this Comment, Juan Davalos first provides an analysis of the history of space law, from its inception in 1959-1967 to the present. The Comment outlines disparities and ambiguities in terms currently defined in domestic and international law space treaties. The Comment then seeks to clarify these undefined or ambiguous terms, including the definition of a space object, the delineation between Earth's air space and Outer Space, the definition of outer space itself, …

Bind Me More Tightly Still: Voluntary Restraint Against Gun Suicide, Angela Selvaggio, Fredrick E. Vars

Articles

No abstract provided.

Cordas V. Uber Technologies, Northern District Of California

Historical and Topical Legal Documents

No abstract provided.

Who Is Harmed By Fantasy? A Deliberative And Charter Analysis Of Canada's Pornography Law, Emily Hansen

Dalhousie Journal of Legal Studies

This paper interrogates the breadth, necessity, and collateral effects of Canada’s child pornography law, as contained in the Criminal Code. The author argues that the inclusion of “fantasy” images in the definition of child pornography is over-inclusive, and considers that this may make the law illegitimate and discriminatory. She proposes that this over-inclusive definition arises from the conflation of a particular type of sexual desire with harm to children. The author draws loosely on deliberative democratic theory to structure her analysis of the law’s legitimacy, and uses Charter analysis to both critique the current law and suggest means of addressing …

The Original Fourth Amendment, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The meaning of the rights enshrined in the Constitution provide a critical baseline for understanding the limits of government action—perhaps nowhere more so than in regard to the Fourth Amendment. At the time of the Founding, the Fourth Amendment prohibited the government from entering into any home, warehouse, or place of business, against the owner’s wishes, to search for or to seize persons, papers, and effects, absent a specific warrant. The only exception was when law enforcement or citizens were in active pursuit of a felon.12 Outside of that narrow circumstance, the government was prohibited from search and seizure absent …

Do You Hear The People Sing?: Populist Discourse In The French Revolution, Rebecca Dudley

Sigma: Journal of Political and International Studies

The rallying cry of the French Revolutionaries was "Liberte! Egalite! Fraternite!" (liberty, equality, fraternity), and the French Revolution, a pivotal moment in French, European, and world history, has been consistently considered one of the first and most significant nationalist movements. Research and literature thus far on discourse in this revolution have focused on nationalism Qenkins 1990; Hayward 1991; O'Brien 1988), along with the discourses of violence and terror that led to the graphic revolution (Ozouf 1984; Leoussi 2001). The presence of nationalist discourse and nationalist sentiment in the French Revolution is undeniable, but there are other elements potentially missing from …

Beyond Legality: The Legitimacy Of Executive Action In Immigration Law, Ming H. Chen

Publications

Recent uses of executive action in immigration law have triggered accusations that the President is acting imperially, like a king, or as a lawbreaker. President Obama’s Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) programs, which provide protection from deportation and a work permit during a temporary period of lawful presence, serve as the lightning rod for these accusations. But even as legislative and litigation challenges to DACA proceed, many states appear to accept and comply with it, including nearly all of the states that have joined the Texas v United States lawsuit that challenges …

Trust In Immigration Enforcement: State Noncooperation And Sanctuary Cities After Secure Communities, Ming H. Chen

Publications

The conventional wisdom, backed by legitimacy research, is that most people obey most of the laws, most of the time. This turns out to not be the case in a study of state-local participation in immigration law enforcement. Two enforcement programs involving the use of immigration detainers, a vehicle by which the federal government (through ICE) requests that local law enforcement agencies (LEAs) detain immigrants beyond their scheduled release upon suspicion that they are removable, demonstrate the breakdown of conventional wisdom. In the five years following initiation of the Secure Communities program, a significant and growing number of states and …

Body-Worn Cameras: Exploring The Unintentional Consequences Of Technological Advances And Ensuring A Role For Community Consultation, Kami N. Chavis

Faculty Publications

This Essay will discuss the role police body-worn cameras can play in ensuring police legitimacy by increasing transparency, deterring police and citizen misbehavior, increasing officer professionalism, providing valuable training tools, and improving evidentiary documentation when crimes occur. This Essay will also discuss the need to view body-worn cameras and similar technologies with a healthy bit of skepticism. While body-worn cameras can have a significant impact on police accountability and public safety, local officials must carefully consider camera implementation and draft clear guidelines to balance the concerns for accountability with the privacy concerns articulated below. Therefore, this Essay seeks to identify …

The Pressure Of Society On Water Quality : A Land Use Impact Study Of Lake Ripley In Oakland, Wisconsin, Kyle Whalley

Graduate Research Theses & Dissertations

Eutrophication of lakes occurs naturally over time but with the influence of humans, mainly through the process of non-point source pollution, the eutrophication rate can be accelerated. Agriculture and residential land use along with the presence of impervious surfaces can negatively impact water quality of lakes due to nutrient pollution. This research investigates the impacts of land use on the water quality of Lake Ripley in Oakland, Wisconsin from 1993 to 2011 using a regression, correlation, and trophic state index (TSI) trend analysis. The regression analysis incorporates four years of National Land Cover Database (NLCD) data, eight spatial categories created …

Tribal Criminal Jurisdiction Beyond Citizenship And Blood, Addie C. Rolnick

American Indian Law Review

No abstract provided.

Native Americans And The Legalization Of Marijuana: Can The Tribes Turn Another Addiction Into Affluence?, Melinda Smith

American Indian Law Review

No abstract provided.

Capital, Inequality, And Self-Determination: Creating A Sovereign Financial System For Native American Nations, W. Gregory Guedel, Ph.D, J. D. Colbert

American Indian Law Review

No abstract provided.

Transforming Government: An Exploration Of Labor Management Partnership In The Government Sector, Lisa Marie Voight

Theses and Dissertations

This case study explored the use of Labor Management Partnerships in the government sector through the Partnership to Achieve Comprehensive Equity (PACE), a partnership between Metro, a division of King County government and Amalgamated Transit Union, Local 587 (ATU). The study examined the partnership’s influence on organizational outcomes and the manner in which the partnership functioned and sustained itself, as well as the challenges and obstacles that threatened both the partnership and outcomes. Two key findings emerged from this study. First, partnerships are supported by flexible structures and practices that foster relationship-building through dialogue and co-learning. Second, partnerships must confront …

Another Day In The Oil Patch: Narratives Of Probation Work In Montana, Ally Guldborg

Graduate Student Theses, Dissertations, & Professional Papers

Job stress has been linked to several negative outcomes for workers in human service professions. Despite a wealth of knowledge on job stress in social service occupations, relatively little is known about the job stress of probation officers. In eastern Montana and western North Dakota’s Bakken region, a recent oil extraction boom and bust cycle has caused rapid socio-demographic change. Researchers have found that oil extraction in the Bakken region has led to several challenges for social service and police agencies in the area. In this study, I use qualitative interview methods to examine the stresses and challenges involved in …