Digital Commons Network^™

Pushing An End To Sanctuary Cities: Will It Happen?, Raina Bhatt

Michigan Journal of Race and Law

Sanctuary jurisdictions refer to city, town, and state governments (collectively, localities or local governments) that have passed provisions to limit their enforcement of federal immigration laws. Such local governments execute limiting provisions in order to bolster community cooperation, prevent racial discrimination, focus on local priorities for enforcement, or even to a show a local policy that differs from federal policy. The provisions are in the forms of executive orders, municipal ordinances, and state resolutions. Additionally, the scope of the provisions vary by locality: some prohibit law enforcement from asking about immigration status, while others prohibit the use of state resources …

We The People: Analyzing The 7th Circuit’S Decision In United States V. Meza-Rodriguez, 798 F.3d 664 (7th Cir. 2015), Jennifer Paulson

Southern Illinois University Law Journal

Following District of Columbia v. Heller and McDonald v. City of Chicago, Second Amendment jurisprudence drastically expanded as individuals began challenging state and federal regulations that burden the right to keep and bear arms.  In United States v. Meza-Rodriguez, the Seventh Circuit faced a particularly controversial issue when an undocumented immigrant challenged a federal statute that categorically banned undocumented immigrants from exercising Second Amendment rights.  Although several other circuits had analyzed the same issue, the Seventh Circuit was the first to hold that undocumented immigrants have Second Amendment rights.  However, the court also upheld the constitutionality of the …

Lsu Research Fall 2016, Louisiana State University And Agricultural & Mechanical College

Research Magazine

LSU Research is published annually by the Office of Research & Economic Development, Louisiana State University.

Monarch, Philip Walzer (Editor)

Monarch Magazine

Fall 2016 issue of Monarch, the Old Dominion University Magazine.

Subtitled: A New Era in Dining

When States' Legislation And Constitutions Collide With Angry Locals: Shale Oil And Gas Development And Its Many Masters, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

This Article explores the nationally common problem of tension and conflict among state oil and gas statutes, constitutional home rule, and local control by considering intersections and tensions among the Ohio Constitution’s home rule authority, the Ohio oil and gas law’s preemption provision, and the many regulatory efforts of Ohio’s local governments. It explores the scope of the Ohio Constitution’s home rule authority, in part, by evaluating courts’ statements on the validity of several types of local ordinances, as they confront home rule and a legislative attempt at preemption. Types of local ordinances evaluated include those that prohibit or ban …

Critical Pedagogy And Language Acquisition: Benefiting From A Country’S Crisis To Improve Second Language Instruction, Jamile Forcelini

Journal of Global Initiatives: Policy, Pedagogy, Perspective

Education has the power to influence learners to either accept reality or critically deliberate and change it. Critical thinking is vital to empower learners and society as a whole to move from a practice of inertia to Freire’s practice of freedom as well as humanization. Change, however is only attainable if pursued with one of the most powerful social tools: Language; the most perceptible manifestation of culture and culture is our connection to the world, what unites us in society, identifies us communally, and serves us as guidance for civic conduct (Larson and Smalley, 1972). The present article aims to …

The Portuguesinhos: Experiences Of Return And Reintegration Of Angolan Police Commissioned Officers Who Studied In Portugal, Cristina Udelsmann Rodrigues

Journal of Global Initiatives: Policy, Pedagogy, Perspective

This paper analyses individual pathways of Angolan commissioned officers educated in Portugal, focusing specifically on their return to their country of origin and on the features of their reinsertion in the professional life. It aims at contributing to the discussion of anthropological theories of mobility and migration, discussing issues of qualification and circulation of ‘brains’ between developed and developing countries. The analysis is based on quantitative and qualitative data obtained by conducting desk and field research. Before focusing on the strategies of these migrants returning to Angola and on the forms of (re)inclusion they mobilise particularly under the designation of …

The First Amendment And The Police In The Digital Age, Kermit V. Lipez

The Journal of Appellate Practice and Process

No abstract provided.

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

Washington Law Review

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 a …

Gross Error, Eric Berger

Washington Law Review

Glossip v. Gross epitomizes judicial deference gone berserk. In rejecting an Eighth Amendment challenge to Oklahoma’s lethal injection protocol, the United States Supreme Court rested its holding on several forms of deference. Closer examination demonstrates that each of these unsupported deference determinations was, at best, contestable and, at worst, simply wrong. Far from being anomalous, such under-theorized deference reflects more generally the Court’s willingness to utilize various stealth determinations to manipulate outcomes in constitutional cases. The understandable concern that frivolous lethal injection challenges will clog courts and delay executions likely motivated the Court’s approach. Remarkably, though, the Court did not …

Social Media: Insight On The Internal Dynamics Of Mexican Dtos, Ana L. Dávila 7058384

Journal of Strategic Security

Recent literature analyzes the use of social media by terrorist organizations, gangs, and other criminal groups. Despite the valuable insight that this approach provides on these actors, the use of social media by Mexican drug trafficking organizations (DTOs) remains largely understudied. This study provides information on the scope and nature of Mexican DTOs’ online presence, a demographic snapshot of their users, and insight into the internal dynamics of these organizations through the systematic study of primary-source data collected from 150 Facebook accounts likely to belong to members of Mexican DTOs. This information gleaned from social media has the potential to …

Institutional Data Book 2015-2016, University Of Minnesota, Morris Office Of Institutional Research

Campus Documents and Reports

No abstract provided.

Ruin-Naissance, Fatma Gonca Tunc

Architecture Thesis Prep

Ruin-naissance is the term I use to describe not only the resurrection of an archeological site, but also the rebirth of an idea about how we think about ruins and how new construction can enhance the experience of these kinds of sites.

The principle contention of this thesis is that a better understanding of the fragmented evidence presented by an archeological site can be seen through the lens of a contemporary architectural intervention that responds sensitively to an ancient site. In doing this, the intervention needs to address issues of identity, narrative and historiography. The new architecture should not ignore …

A Roadmap For Reducing Gun Violence In America, Daniel Webster

Center for Policy Research

How do you reduce gun violence in America? It seems rather daunting. I’m going to take you through some key things I think we can do to have far less gun violence in America

Rejecting Charity: Why The Irs Denies Tax Exemption To 501(C)(3) Applicants, Terri Lynn Helge

Faculty Scholarship

New charitable organizations generally must file an application for exemption (Form 1023) and await approval from the Internal Revenue Service. Unfortunately, the criteria the Internal Revenue Service uses to evaluate applications has not always been transparent. If an application is approved, the Internal Revenue Service determination letter and the application for exemption are required to be made publicly available and can be requested from the Internal Revenue Service or the organization itself. Prior to 2004, in the case of denials, neither the application nor the Internal Revenue Service’s correspondence setting forth its rationale for the denial were made publicly available. …

Doe V. O'Donnell And New York's Sex Offender Registration Act: The Problem Of Continued Registration Under Sora After Leaving The State, Samantha R. Millar

Cardozo Law Review

No abstract provided.

Putting The Fox In Charge Of The Chicken Coop: An Examination Of The Controlled Substances Act And The Reclassification Of Hydrocodone, Aaron Doll

University of Dayton Law Review

No abstract provided.

Thirteenth Annual Brigham-Kanner Property Rights Conference (Program), William & Mary Law School, University Of Leiden, Grotius Center Of International Legal Studies

2016 Property Conference

No abstract provided.

The Illinois Veterans Treatment Court Mandate: From Concept To Success, John Adams, Jaye Hobart, Mark Rosenberg

The Simon Review (Occasional Papers of the Paul Simon Public Policy Institute)

Veteran Treatment Courts in Illinois - The VTC Mandate In Illinois, several VTCs already exist. These courts have seemingly been successful in achieving the outcomes that matter to veterans and communities. Because of the preliminary success of these courts, Illinois Governor Bruce Rauner signed House Bill 5003 (HB 5003) into law on August 14, 2016, which amends the Veterans and Servicemembers Court Treatment Act of 2010 by providing that each judicial circuit shall—rather than may—implement a VTC by January of 2018 (Public Act 099-0807). In addition to this legislation, in November of 2015, the Administrative Office of the Illinois Courts …

Legislative Solutions To Stingray Use: Regulating Cell Site Simulator Technology Post-Riley, Ada Danelo

Washington Law Review

In Riley v. California, the United States Supreme Court held that law enforcement must generally obtain a warrant before searching the contents of an individual’s cell phone. However, Riley did not address whether the warrant requirement extended to cell phone metadata, e.g. non-content information such as location information. This gap creates uncertainty as to whether law enforcement officers must obtain a warrant to use Cell Site Simulators, a portable technology that mimics a cell tower to get location information metadata from cell phones. Law enforcement has justified the warrantless gathering of cell site information under the third-party doctrine, which …

Why Public Health Policy Should Redefine Consent To Assault And The Intentional Foul In Gladiator Sports, Jennifer A. Brobst

Journal of Law and Health

This article considers in Part II the status and influence of public health research regarding the safety risks of gladiator sports and the field’s tendency to neglect the sports’ recognized medical and mental health benefits. In Part III, the historical trends in judicial interpretation of the scope of the criminal consent defense and civil doctrines of a privilege of consent to assault and assumption of the risk in the sports context are addressed. Finally, Part IV asserts the need to reform the civil and criminal defenses to intentional misconduct in sports through agency, judicial, and statutory reform, for the purpose …

Imprudence And Intergenerational Injustice: The Ongoing Vices Of Opting For Nuclear Fueled Electricity, Jame Schaefer

Theology Faculty Research and Publications

Despite the U.S. government’s failure to isolate from the biosphere the highly radioactive spent fuel that has been accumulating at nuclear power plants for sixty years, some governmental officials, scientists, nuclear industrialists, and environmentalists are urging increased reliance on nuclear-generated electricity as part of the strategy to mitigate global warming. An ethi­cal analysis of their proposal is warranted, and one promising approach is the theologically grounded process of making prudent decisions like those that Thomas Aquinas outlined and explained in the thirteenth century. Following his detailed method of discovering the facts, identifying a justifiable course of action, and commanding its …

Public Attitudes Toward Punishment, Rehabilitation, And Reform: Lessons From The Marquette Law School Poll, Michael M. O'Hear, Darren Wheelock

Social and Cultural Sciences Faculty Research and Publications

No abstract provided.

Come Back With A Warrant: Protecting The Fourth Amendment Rights Of Probationers From Warrantless Searches Absent Their Consent As A Condition Of Probation, Jennifer Lancaster

Southern Illinois University Law Journal

As prisons become overpopulated, sentencing alternatives, such as probation, are becoming more common throughout the United States.  The increase in probationers has created new issues for courts to decide.  One of the most prevalent issues is the consent to warrantless searches by probationers.  As a requirement of probation, probationers must follow a set of conditions.  This Comment explains whether the “reasonableness standard” should apply if a probationer has not consented to warrantless searches as a condition of probation.

This Comment discusses the circuit split between the Eleventh and Fourth Circuits on the issue of warrantless searches.  The Eleventh Circuit allows …

The Timing Of Welfare Payments And Intimate Partner Violence, Lin-Chi Hsu

Open Access Publishing Support Funded Articles

I examine transfer schedules for the Temporary Assistance for Needy Families (TANF) program and find a causal relationship between the time directly after welfare payments and intimate partner violence against women. This study supports the hypothesis that the husband uses threats of violence as an instrument to gain control over the allocation of household resources, and suggests that the increased incidence in physical violence after welfare payments is associated with alcohol use. Additionally, I find that states that pay TANF recipients twice a month do not have this effect on threats of violence. This suggests that smaller, more frequent payments …

Race, Class, And Social Justice In Memphis: A Call To Bridge The Great Divide. 2016 Hooks Institute Policy Papers, The Benjamin L. Hooks Institute For Social Change

The Hooks Institute Policy Papers

No abstract provided.

State Of Tennessee Treasurer's Report For The Fiscal Year Ended June 30, 2016, Tennessee. Department Of Treasury.

Treasurer’s Report

No abstract provided.

Reskins: The Property Right To Racism, M. Alexander Pearl

Cardozo Law Review

Everyone has an opinion, from President Obama to Matthew McConaughey, about the Washington football team name. This Article comprehensively analyzes the legal and social issues surrounding the mascot controversy. I focus my inquiry on the interaction of trademark law and Indian law. I offer three primary contributions in this Article. First, the current mainstream conception of harm caused by the team name is subjective, and I argue that the harm caused by the team name and logo is objective, testable, and demonstrable, Psychological research shows that these images harm Native people. Second, the remedies offered by the Lanham Act are …

Classified Information: The Newsletter Of The Lloyd Sealy Library, Lloyd Sealy Library, Cuny John Jay College Of Criminal Justice

Reports and Publications from John Jay College

Classified Information was a publication that informed the College about Library services, personnel, upcoming events, new technologies, and available resources.

An Empirical Study Of Implicit Takings., James E. Krier, Stewart E. Sterk

Articles

Takings scholarship has long focused on the niceties of Supreme Court doctrine, while ignoring the operation of takings law "on the ground" in the state and lower federal courts, which together decide the vast bulk of all takings cases. This study, based primarily on an empirical analysis of more than 2000 reported decisions ovcr the period 1979 through 2012, attempts to fill that void. This study establishes that the Supreme Court's categorical rules govern almost no state takings cases, and that takings claims based on government regulation almost invariably fail. By contrast, when takings claims arise out of government action …