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Articles 1231 - 1260 of 2901
Full-Text Articles in Entire DC Network
Pretrial Release & Detention In Maryland After The 2017 Amendments To The Pretrial Release Rules, Brian Saccenti
Pretrial Release & Detention In Maryland After The 2017 Amendments To The Pretrial Release Rules, Brian Saccenti
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Right To Be Forgotten: Analyzing Conflicts Between Free Expression And Privacy Rights, Mindy Weston
The Right To Be Forgotten: Analyzing Conflicts Between Free Expression And Privacy Rights, Mindy Weston
Theses and Dissertations
As modern technology continues to affect civilization, the issue of electronic rights grows in a global conversation. The right to be forgotten is a data protection regulation specific to the European Union but its consequences are creating an international stir in the fields of mass communication and law. Freedom of expression and privacy rights are both founding values of the United States which are protected by constitutional amendments written before the internet also changed those fields. In a study that analyzes the legal process of when these two fundamental values collide, this research offers insight into both personal and judicial …
Justice Scalia, Implied Rights Of Action, And Historical Practice, Anthony J. Bellia Jr.
Justice Scalia, Implied Rights Of Action, And Historical Practice, Anthony J. Bellia Jr.
Journal Articles
In the realm of Federal Courts, the question of “implied rights of action” asks when, if ever, may a plaintiff bring a federal right of action for the violation of a federal statute that does not expressly create one. Justice Scalia argued that a court should not entertain an action for damages for the violation of a federal statute unless the text of the statute demonstrates that Congress meant to create a right of action. The Supreme Court adopted this approach in 2001 in Alexander v. Sandoval, with Justice Scalia writing for the majority. Certain judges and scholars have argued …
University Of Central Florida Undergraduate Catalog, 2017 - 2018, University Of Central Florida
University Of Central Florida Undergraduate Catalog, 2017 - 2018, University Of Central Florida
UCF Catalogs
No abstract provided.
Hate Speech On Social Media, Amos N. Guiora, Elizabeth Park
Hate Speech On Social Media, Amos N. Guiora, Elizabeth Park
Utah Law Faculty Scholarship
This essay expounds on Raphael Cohen-Almagor’s recent book, Confronting the Internet’s Dark Side, Moral and Social Responsibility on the Free Highway, and advocates placing narrow limitations on hate speech posted to social media websites. The Internet is a limitless platform for information and data sharing. It is, in addition, however, a low-cost, high-speed dissemination mechanism that facilitates the spreading of hate speech including violent and virtual threats. Indictment and prosecution for social media posts that transgress from opinion to inciteful hate speech are appropriate in limited circumstances. This article uses various real-world examples to explore when limitations on Internet-based hate …
Environmental Factors And School Disorder: The Role Of Urbanicty, Brandon S. Coffey
Environmental Factors And School Disorder: The Role Of Urbanicty, Brandon S. Coffey
Electronic Theses and Dissertations
The purpose of this study is to explore the differential impact of various environmental and organizational factors on levels of school misconduct. Although we have a general understanding of this relationship, little effort has been made to determine whether the effects are influenced by urbanicity. The current study utilizes data from the 2007-2008 School Survey on Crime and Safety to address this gap in the literature by utilizing a series of negative binomial regression models that seek to determine differences between predictive factors in urban and rural settings. Results indicate that disorganization has a similar effect within urban and rural …
From Grace To Grids: Rethinking Due Process Protections For Parole., Kimberly A. Thomas, Paul D. Reingold
From Grace To Grids: Rethinking Due Process Protections For Parole., Kimberly A. Thomas, Paul D. Reingold
Articles
Current due process law gives little protection to prisoners at the point of parole, even though the parole decision, like sentencing, determines whether or not a person will serve more time or will go free. The doctrine regarding parole, which developed mostly in the late 1970s, was based on a judicial understanding of parole as an experimental, subjective, and largely standardless art—rooted in assessing the individual “character” of the potential parolee. In this Article we examine the foundations of the doctrine, and conclude that the due process inquiry at the point of parole should take into account the stark changes …
Disentangling Miranda And Massiah: How To Revive The Sixth Amendment Right To Counsel As A Tool For Regulating Confession Law, Eve Brensike Primus
Disentangling Miranda And Massiah: How To Revive The Sixth Amendment Right To Counsel As A Tool For Regulating Confession Law, Eve Brensike Primus
Articles
Fifty years after Miranda v. Arizona, many have lamented the ways in which the Burger, Rehnquist, and Roberts Courts have cut back on Miranda's protections. One underappreciated a spect of Miranda's demise is the way it has affected the development of the pretrial Sixth Amendment right to counsel guaranteed by Massiah v. United States. Much of the case law diluting suspects' Fifth Amendment Miranda rights has bled over into the Sixth Amendment right to counsel cases without consideration of whether the animating purposes of the Massiah pretrial right to counsel would support such an importation. This development is unfortunate …
The Effect Of Criminal Records On Access To Employment, Amanda Agan, Sonja B. Starr
The Effect Of Criminal Records On Access To Employment, Amanda Agan, Sonja B. Starr
Articles
This paper adds to the empirical evidence that criminal records are a barrier to employment. Using data from 2,655 online applications sent on behalf of fictitious male applicants, we show that employers are 60 percent more likely to call applicants that do not have a felony conviction. We further investigate whether this effect varies based on applicant race (black versus white), crime type (drug versus property crime), industry (restaurants versus retail), jurisdiction (New Jersey versus New York City), local crime rate, and local racial composition. Although magnitudes vary somewhat, in every subsample the conviction effect is large, significant, and negative.
Collective Impact: Working Together For Robust Community Emergency Preparedness, Cheryl H. Galloway
Collective Impact: Working Together For Robust Community Emergency Preparedness, Cheryl H. Galloway
Master's Projects
This study identifies a shortfall of solid emergency preparedness between organizations and individuals in Gilroy, providing a gap analysis in disaster mitigation on the civilian side. This information is important for emergency managers and public safety officials to understand as they strive to develop plans and solutions to increase participation, effectiveness, planning, training and implementation at the Gilroy Unified School District and in the community at large. Using an evaluation of current efforts for review by the school board, city council, Chamber of Commerce and non-profits in the public safety sector, more expansive outreach through collaboration is the common goal. …
Addressing The Ab 109 Population In Santa Cruz County: The Santa Cruz County Recidivism Study Of Post-Realignment Offenders (2011–2016), Shea Johnson
Master's Projects
The goal of this paper and the included “Santa Cruz County Recidivism Study of Post-Realignment Offenders (2011–2016)” is to provide a meaningful presentation of recidivism rates for Santa Cruz County and, in doing so, help Santa Cruz County agencies to better design recidivism reduction programs, highlight the problems every county faces in trying to conduct recidivism reduction studies, and provide a roadmap for what is and is not possible for policymakers who are increasingly demanding more refined data sets and streamlined data for budgeting.
Public Restrooms And The Distorting Of Transgender Identity, Terry S. Kogan
Public Restrooms And The Distorting Of Transgender Identity, Terry S. Kogan
North Carolina Law Review
No abstract provided.
Jail Isolation After Kingsley: Abolishing Solitary Confinement At The Intersection Of Pretrial Incarceration And Emerging Adulthood, Deema Nagib
Fordham Law Review
In 2015, the U.S. Supreme Court held that allegations of excessive use of force in pretrial detention are subject to an objective standard. However, it is unclear whether the objective standard extends to claims arising out of different factual circumstances. The Second Circuit’s recent decision in Darnell v. Pineiro to extend Kingsley v. Hendrickson to conditions-of- confinement cases provides hope. This Note argues that Kingsley should extend to solitary confinement litigation—particularly the isolation of emerging adults in pretrial detention. Solitary confinement is a widespread practice in the criminal justice system, but the implications of its use in pretrial detention have …
When Does Cultural Satire Cross The Line In The Global Human Rights Regime?: The Charlie Hebdo Controversy And Its Implication For Creating A New Paradigm To Assess The Bounds Of Freedom Of Expression, Kwanghyuk Yoo
Brooklyn Journal of International Law
Social justice does not exist in a vacuum. Social justice deters human rights policies from crossing the line. Thus, the principle of justice counterbalances the evils of the laissez-faire human rights philosophy when society lacks an appropriate form of legal or regulatory framework for legitimate restraints on human rights. Moreover, well-ordered just society does not allow human rights to be abused or curtailed beyond the level necessary to safeguard superior social norms or national interests. As such, human rights are subject to relative protection while they receive universal respect across the world. From a semantic standpoint, two ambivalent natures of …
Manipulation Of Suspects And Unrecorded Questioning, Christopher Slobogin
Manipulation Of Suspects And Unrecorded Questioning, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Fifty years after Miranda, courts still do not have clear guidance on the types oftechniques police may use during interrogation. While first-generation tactics (a.k.a. the third degree) are banned, second-generation tactics such as those found in the famous Reid Manual continue to be used by interrogators. The Supreme Court has sent only vague signals as to which of these second- generation techniques, if any, are impermissible, and has made no mention of newly developed third-generation tactics that are much less reliant on manipulation. This Article divides second-generation techniques into four categories: impersonation, rationalization, fabrication, and negotiation. After concluding, based on …
Strain Release At The Trench During Shallow Slow Slip: The Example Of Nicoya Peninsula, Costa Rica, Yan Jiang, Zhen Liu, Earl E. Davis, Susan Y. Schwartz, Timothy H. Dixon, Nicholas K. Voss, Rocco Malservisi, Marino Protti
Strain Release At The Trench During Shallow Slow Slip: The Example Of Nicoya Peninsula, Costa Rica, Yan Jiang, Zhen Liu, Earl E. Davis, Susan Y. Schwartz, Timothy H. Dixon, Nicholas K. Voss, Rocco Malservisi, Marino Protti
School of Geosciences Faculty and Staff Publications
The near‐trench behavior of subduction megathrust faults is critical for understanding earthquake hazard and tsunami generation. The shallow subduction interface is typically located in unconsolidated sediments that are considered too weak to accumulate elastic strain. However, the spectrum of shallow fault slip behavior is still elusive, due in large part to the lack of near‐field observations. Here we combine measurements from seafloor pressure sensors near the trench and an onshore GPS network in a time‐dependent inversion to image the initiation and migration of a well‐documented slow slip event (SSE) in 2007 at the Nicoya Peninsula, Costa Rica. Our results show …
Echo: Flux, Spring 2017, Columbia College Chicago
Echo: Flux, Spring 2017, Columbia College Chicago
Echo
Student-produced magazine formerly published as Chicago Arts and Communication, changed to Echo magazine in 1997. Cover articles: Poetryscopes: no rhymes, just reasons; Surviving the stigma: life post-prison; Psych out: a new role for LSD?; Will I forget?: assessing my risk of Alzheimer's. Local insights: paths of birds; Chicago words; weather nerds. 120 pages.
Induced Earthquakes And Public Safety, Lyndsey L. Dickson
Induced Earthquakes And Public Safety, Lyndsey L. Dickson
Civil Engineering Undergraduate Honors Theses
Like the number of earthquakes felt in Oklahoma, the number of media reports regarding large-magnitude earthquakes in Oklahoma has increased in recent years. News headlines that mention property damage and question who is responsible have sparked heated debated. In this document, a discussion is presented over the responsibility of engineers for the public’s safety in relation to earthquakes. Input from various groups is discussed, the action taken in Oklahoma is outlined, and ethical obligations presented by the American Society of Civil Engineers are considered. The United States Geological Survey (USGS) has reported a major grievance against building-code committees, but many …
The Internal Revenue Code: A Burden For Taxpayers Or An Instrument For Social Change?, Heather N. Murray
The Internal Revenue Code: A Burden For Taxpayers Or An Instrument For Social Change?, Heather N. Murray
Honors Theses
Social engineering in the tax code has been evident from the beginning of the U.S. tax history. Today, it is as much as ever a part of the fabric of the tax codification, but there is very little research that investigates 1) how social engineering plays a role in the creation of new tax law, and 2) whether tax law is effective in altering taxpayer behavior. This paper streamlines the history of social engineering in the most popular revenue-reducing measures and analyzes how they've affected the U.S. taxpayer, with notes on future policy implications.
The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma
The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Innovation In Intelligence: An Analysis Of U.S. Marine Corps Intelligence Modernization During The Occupation Of Haiti, 1915-1934, Laurence M. Nelson Iii
Innovation In Intelligence: An Analysis Of U.S. Marine Corps Intelligence Modernization During The Occupation Of Haiti, 1915-1934, Laurence M. Nelson Iii
All Graduate Theses and Dissertations, Spring 1920 to Summer 2023
Increasing modernization in military technology and methodology occurred during the beginning of the twentieth century. These changes had a direct effect on how U.S. Marines practiced military intelligence during the occupation of Haiti from 1915- 1934. The use of military intelligence had an impact on the outcome on the occupation but was not the only factor that contributed to U.S. military victories. My thesis explains that the improvement of intelligence methods used by Marines in Haiti occurred as a result of outside influence, changing circumstance in Haiti, and individual agency. Major failures had occurred that allowed resistance to grow unchecked …
A Discourse On The Remodeling Of Ila Model Law On National Space Legislation, Sandeepa Bhat B., Arthad Kurlekar
A Discourse On The Remodeling Of Ila Model Law On National Space Legislation, Sandeepa Bhat B., Arthad Kurlekar
Journal of Space Law
No abstract provided.
“It’S Dangerous Business . . .”: The Possible Effects Of The Space Resource Exploration And Utilization Act Of 2015 On Planetary Defense, Marshall D. Mckellar
“It’S Dangerous Business . . .”: The Possible Effects Of The Space Resource Exploration And Utilization Act Of 2015 On Planetary Defense, Marshall D. Mckellar
Journal of Space Law
No abstract provided.
Violence Against Central American Unaccompanied Minors: From Home To United States Border, Katherine A. Owens
Violence Against Central American Unaccompanied Minors: From Home To United States Border, Katherine A. Owens
Senior Honors Projects
In the past four years, there has been a significant increase in apprehensions of unaccompanied minors from El Salvador, Guatemala, and Honduras at the Southwest Border of the United States: an estimated 207,000 since 2013. This paper researches the sexual and physical abuse the minors (aged 5 to 17) are subjected to while in their home country, on their journey north and upon arrival at the United States border. Data was collected through a literature review of federal investigations of human trafficking in Central America, Mexico, and Texas, along with federal publications on border apprehensions and unaccompanied minors. United Nations …
Employees Communicating Within Transportation And Logistics Organizations: What Studying Stress And Acts Of Incivility In The Workplace Reveals About The Industry, Elizabeth Munyak Smith
Employees Communicating Within Transportation And Logistics Organizations: What Studying Stress And Acts Of Incivility In The Workplace Reveals About The Industry, Elizabeth Munyak Smith
Graduate Theses and Dissertations
This thesis project investigates the relationship of workplace stress and workplace incivility in the context of transportation and logistics organizations. Informal, one-on-one interviews with transportation and logistics operations office employees are conducted to answer this study’s research questions that examine the commonality, perceived norms, and perceived emotional and physical effects of workplace incivility in response to stress within the transportation and logistics workplace. Using grounded theory analysis, it is revealed that acts of incivility amongst transportation and logistics operations office employees communicate the conflict occurring at the industry, organization, and workplace levels of the transportation and logistics industry. The ultimate …
The Two-Sided Coin: Madness And Laughter As Subversion In Alice’S Adventures In Wonderland And The Sandman, Tessa Starr Swehla
The Two-Sided Coin: Madness And Laughter As Subversion In Alice’S Adventures In Wonderland And The Sandman, Tessa Starr Swehla
Graduate Theses and Dissertations
Mad female characters in Western literature have traditionally represented attempts by dominant patriarchal discourse to subjugate women’s discourse: these characters are usually pathologized in both their dialogue with other characters and in their physical bodies. This subjugation by representation of mad female characters in dominant discourse parallels similar attempts to portray women as lacking in humor. This thesis studies the intersections between madness and humor and the ability of female characters that embody both to challenge and subvert dominant discourse. By examining the characters of Alice from Lewis Carroll’s novel and Delirium from Neil Gaiman’s graphic novel series The Sandman …
Law Enforcement Officers’ Perceptions In Regard To Sex Offenders, Sorn, And Residency Restrictions Laws, Maria Aparcero-Suero
Law Enforcement Officers’ Perceptions In Regard To Sex Offenders, Sorn, And Residency Restrictions Laws, Maria Aparcero-Suero
Electronic Theses and Dissertations
The purpose of this study was to extend current knowledge regarding law enforcement’s perceptions of sex offenders. Law enforcement’s views of sex offenders and the fairness and efficacy of sex offender laws were examined through the utilization of a 60 closed-ended question survey. The survey included questions about sex offender myths, sex offender laws, police officers’ experience in working with sex offenders, specialized training, and demographics. The sample consisted of 74 sworn police officers from a Southeastern state. The results showed that, despite having a mostly empirical based view of sex offenders, sworn police officers were likely to support sex …
Police Violence Against People With Mental Disabilities: The Immutable Duty Under The Ada To Reasonable Accommodate During Arrest, Carly A. Myers
Police Violence Against People With Mental Disabilities: The Immutable Duty Under The Ada To Reasonable Accommodate During Arrest, Carly A. Myers
Vanderbilt Law Review
No abstract provided.
Community Attitudes Regarding Public Safety In Bend, Oregon, Greg Stewart, Kris R. Henning
Community Attitudes Regarding Public Safety In Bend, Oregon, Greg Stewart, Kris R. Henning
Criminology and Criminal Justice Faculty Publications and Presentations
This report provides the results of a recent community survey in Bend Oregon. The purpose of the survey was to provide feedback on the Bend Police Department's recent performance in achieving their community-oriented goals from the agency's 2015-2020 strategic plan. Most of the residents surveyed report feeling safe in the city and the police received high performance ratings for being available when needed, dealing with problems that impact public safety, and for reducing crime. Likewise, residents who had been contacted by the police during traffic stops or investigations rated these interactions positively. Specific recommendations are offered in the report with …
"Plausible Cause": Explanatory Standards In The Age Of Powerful Machines, Kiel Brennan-Marquez
"Plausible Cause": Explanatory Standards In The Age Of Powerful Machines, Kiel Brennan-Marquez
Vanderbilt Law Review
Much scholarship in law and political science has long understood the U.S. Supreme Court to be the "apex" court in the federal judicial system, and so to relate hierarchically to "lower" federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent scholars, the Court is the principal, and lower federal courts are its faithful agents. Other scholarship takes a bottom-up approach, viewing lower federal courts as faithless agents or analyzing the "percolation" of issues in those courts before the Court decides. This Article identifies circumstances in which the relationship between the Court and other …