Digital Commons Network^™

Trumping Asylum: Criminal Prosecutors For Illegal Entry And Reentry Violate The Rights Of Asylum Seekers, Natasha Arnpriester

UC Law Constitutional Quarterly

Criminal prosecution for the immigration-related infractions of illegal entry and illegal reentry have escalated dramatically under the Trump Administration, which has made targeting immigrants a top priority. This escalation is happening at a time when the population coming to the U.S. southern border is largely seeking safety from persecution and danger. The United States does not recognize asylum as a defense to illegal entry or illegal reentry, and asylum seekers are not excluded from being charged and criminally prosecuted for these infractions, despite U.S. treaty obligations prohibiting this practice. As a result, people coming to the United States to seek …

The Fragile Victory For Unaccompanied Children's Due Process Rights After Flores V. Sessions, Elizabeth P. Lincoln

UC Law Constitutional Quarterly

In 2017, the Ninth Circuit Court of Appeals found that when the federal government detains an unaccompanied child, that child has the right to request legal review of his or her custody before an immigration judge. In Flores v. Sessions, the court reaffirmed the right, which had been present in the text of the laws governing the treatment of immigrant youth, but had been ignored by executive branch bodies. In its analysis, the court considered the relationship between a twenty-year-old settlement and two acts of Congress that govern the treatment of immigrant youth. The Flores decision affects the lives of …

Police Assisting Addicts Towards Recovery: A Preliminary Analysis Of Drug Policy, Sherah Dickinson

Undergraduate Research Journal

The War on Drugs began in 1967 with the hope of ending the devastating effects of drug addiction. Unfortunately, the prevalence of drug use and abuse has only spread across socioeconomic, cultural, and geographic lines. This research describes the implications of criminalizing drug addiction, for example: crowded prison populations and disparate treatment of minority and disadvantaged groups. This review further investigates alternative methods and policies using evidence-based practice to treat substance addiction such as the ANGEL Program in Gloucester Massachusetts.

Faculty Handbook, Georgia Southern University

Faculty Handbooks

Faculty Handbook for Georgia Southern University for the 2017-2018 academic year. The Faculty Handbook is published online by the Office of the Vice President for Academic Affairs and archived in Digital Commons@Georgia Southern.

Counteracting Diminished Privacy In An Augmented Reality: Protecting Geolocation Privacy, Diana Martinez

Loyola of Los Angeles Law Review

No abstract provided.

Gun Rights Or Gun Control? How California's Waiting Period Law Can Pave The Way To Increased Regulation, Natasha Tran

Loyola of Los Angeles Law Review

No abstract provided.

End-Of-Life In Prison Symposium Report, Adelina Iftene, Crystal Dieleman, Hanna Garson

Articles, Book Chapters, & Popular Press

In 2016, the Canadian Parliament passed “An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)” (S.C. 2016, c. 3). This statute decriminalized providing medical assistance to the dying in a defined set of circumstances. The Corrections and Conditional Release Act (CCRA) was also amended: section 19 now reads “(1.1) Subsection (1) does not apply to a death that results from an inmate receiving medical assistance in dying, as defined in section 241.1 that Act.”

Pursuant to these amendments, this meeting focused on issues that may arise in implementing MAiD in …

Mandate Of Heaven: An Analysis Of China's Government Disaster Response And Ccp Performance Legitimacy, Aaron Yang

CMC Senior Theses

The aim of this thesis is to investigate the Chinese government’s disaster response over the past two decades, analyze any patterns or recurring management behaviors, and understand the government’s overall emergency response capability. Disaster response is one area that reflects the Chinese Communist Party’s ability to govern and exhibit performance legitimacy. As an authoritarian regime, the CCP relies on repression and performance to maintain its authority, especially so when national disasters occur. During times of crisis, the CCP is expected to maintain control and minimize potentially negative consequences. Not doing so results in a potential image crisis and loss of …

A Problematic Business Model: The Effect Of Private Prisons On Arrests, Claire Donnelly

CMC Senior Theses

Past work related to the private prison system has focused on direct comparisons between private and public facilities, including their respective quality, cost-effectiveness, and influence on recidivism. Using 2005 United States data compiled from a prison facility census, county census, and information on number of arrests by county, I examine the effect that the presence of private prisons has on the number of adult male arrests per county. Across four regression models, I initially find a significant effect of private prisons on arrests, but find that effect becomes insignificant once county and prison controls are accounted for. This suggests that …

The Potential And Limits Of Extended Producer Responsibility: A Comparative Analysis Study, Jessica Bass

CMC Senior Theses

This thesis draws on the concept of product stewardship and its focus on incorporating all of the actors in a product’s lifecycle into steps to take responsibility for waste management. Extended Producer Responsibility (EPR) recognizes the producer’s distinct potential to consider and drive change in waste management. Producers often serve like mediators between the design and use phases of a product’s lifecycle. Through EPR policies, the producer takes on the costs of ensuring safe end-of-life waste disposal. In this way, EPR can be expected to help relieve the public of some of the costs of waste disposal, and to support …

Dirty Laundry: Judicial Appointments In Canada, Richard Devlin

Articles, Book Chapters, & Popular Press

The issue of the appointment of judges is not a freestanding problem. Rather, as Adam Dodek and I have argued, it is part of a larger public policy puzzle, the challenge of designing an appropriate regulatory regime for judges. Any description, analysis, assessment or critique of judicial appointments processes necessarily requires the development and deployment of some conceptual framework. Sometimes such a framework is implicit or taken for granted. However, in our opinion, it is better if we can make that framework—that paradigm—explicit because we can then more clearly understand the nature of the evaluative process in which we are …

A Test For Freedom Of Conscience Under The Canadian Charter Of Rights And Freedoms: Regulating And Litigating Conscientious Refusals In Health Care, Jocelyn Downie, Francoise Baylis

Articles, Book Chapters, & Popular Press

Conscientious refusal to provide insured health care services is a significant point of controversy in Canada, especially in reproductive medicine and end-of-life care. Some provincial and territorial legislatures have developed legislation or regulations, and some professional regulatory bodies have developed policies or guidelines, to better reconcile tensions between health care professionals’ conscience and patients’ access to health care services. As other groups attempt to draft standards and as challenges to existing standards head to court, the fact that the meaning of “freedom of conscience” under the Canadian Charter of Rights and Freedoms is not yet settled will become ever more …

Protecting Urban Spaces Of Intangible Cultural Heritage And Nighttime Community Subcultural Wealth: A Comparison Of International And National Strategies, The Agent Of Change Principle, And Creative Placekeeping, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

Working towards an equality of differences of a city’s diverse cultures and subcultures requires an examination of the realities of how municipal and provincial legal frameworks governing the city space—such as urban planning policies, zoning decisions, and bylaw enforcement—play out within the microcosm of the everyday neighborhood, where conflicting life patterns must coexist even when they are at odds. Drawing on an urban legal anthropology and urban legal geography methodology assessing the realities of the life of subcultural communities in the city space, this paper’s objective is to explore potential paths towards an equitable regard and valuation of the different …

Youth Incarceration, Health, And Length Of Stay, Thalia GonzáLez

Fordham Urban Law Journal

No abstract provided.

The Evolution Of The Municipal Corporation And The Innovations Of Local Governance In California To Preserve Home Rule And Local Control, Frank Vram Zerunyan

Fordham Urban Law Journal

No abstract provided.

Affordable Housing Law And Policy In An Era Of Big Data, Nestor M. Davidson

Fordham Urban Law Journal

No abstract provided.

Disparate Impact Lacks An Impact: The Need For Pay For Success Programs To House Formerly Incarcerated People, Eva Coruzzi Schneider

Fordham Urban Law Journal

No abstract provided.

Protecting Homeowners’ Privacy Rights In The Age Of Drones: The Role Of Community Associations, Hillary B. Farber, Marvin J. Nodiff

Fordham Urban Law Journal

No abstract provided.

Antisocial Personality Disorder And Donald Dd.: Distinguishing The Sex Offender From The Typical Recidivist In The Civil Commitment Of Sex Offenders, Kaitlyn Walsh

Fordham Urban Law Journal

No abstract provided.

The Right To An Attorney Is Not Enough: Steps To Rid The Criminal Justice System Of Its Poverty Tax, Sarah Lustbader

Fordham Urban Law Journal

No abstract provided.

Undergraduate Bulletin, 2017-2018, Minnesota State University Moorhead

Undergraduate Bulletins (Catalogs)

No abstract provided.

Graduate Bulletin, 2017-2018, Minnesota State University Moorhead

Graduate Bulletins (Catalogs)

No abstract provided.

Church, State & The Trump Administration, Public Rights/Private Conscience Project

Center for Gender & Sexuality Law

President Donald Trump has repeatedly pledged to be a staunch defender of religious liberties. Nevertheless, his campaign promises, as well as statements made by him and his cabinet appointees, suggest that Trump holds a limited and deeply flawed understanding of religious freedom, among other constitutional rights and guarantees. While members of the new administration will act quickly and aggressively to advance certain conservative Christian religious tenets by limiting the rights of LGBTQ communities and curtailing access to reproductive health care, the President has promised to significantly restrain the rights of religious minorities by imposing a Muslim immigration ban, increase profiling …

Gender Equity Through Human Rights: Local Efforts To Advance The Status Of Women And Girls In The United States, Human Rights Institute

Human Rights Institute

Because human rights are experienced close to home, local governments have jurisdiction over a range of human rights issues, including those related to employment, education, housing, and public safety. Indeed, local agencies and officials are essential to the promotion and protection of human rights in the United States. They work every day to create conditions under which individuals and communities can flourish, and they are well-situated to build and advance a culture of human rights, based on dignity, freedom from discrimination, and opportunity.

With a focus on women’s rights, this resource provides an overview of core human rights principles and …

Taking A Byte Out Of Corruption: A Data Analytic Framework For Cities To Fight Fraud, Cut Costs, And Promote Integrity, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

In recent years, the emerging science of data analytics has equipped law enforcement agencies and urban policymakers with game-changing tools. Many leaders and thinkers in the public integrity community believe such innovations could prove equally transformational for the fight against public corruption. However, corruption control presents unique challenges that must be addressed before city watchdog agencies can harness the power of big data. City governments need to improve data collection and management practices and develop new models to leverage available data to better monitor corruption risks.

To bridge this gap and pave the way for a potential data breakthrough in …

Innovations In Oversight: Cities' Proactive Approaches To Fighting Corruption, Adoree Kim

Center for the Advancement of Public Integrity (Inactive)

In June 2017, CAPI presented the second installment of our signature conference, Global Cities II, which brought together anti-corruption leaders from government and civil society worldwide, including delegates from Bogotá, Cape Town, London, Melbourne, Miami, Montréal, New York, Paris, Rio de Janeiro, and San Francisco, to discuss important topics such as using data analytics to combat corruption, government transparency, enforcement challenges and victories, and innovations in oversight.

Originalist Law Reform, Judicial Departmentalism, And Justice Scalia, Kevin C. Walsh

Law Faculty Publications

Drawing on examples from Justice Antonin Scalia's jurisprudence, this Essay uses the perspective of judicial departmentalism to examine the nature and limits of two partially successful originalist law reforms in recent years. It then shifts to an examination of how a faulty conception of judicial supremacy drove a few nonoriginalist changes in the law that Scalia properly dissented from. Despite the mistaken judicial supremacy motivating these decisions, a closer look reveals them to be backhanded tributes to judicial departmentalism because of the way that the Court had to change jurisdictional and remedial doctrines to accomplish its substantive-law alterations. The Essay …

From Playground To Prison: A Comparison Of The United States' And India's Transfer Policies, Alixandria Davis

Emory International Law Review Recent Developments

While juvenile courts purportedly reduce crime and hold youth accountable for wrongdoing, transfer laws that try, convict, and sentence children as adults are increasingly employed in the United States. Research shows that transfer provisions are not suitable solutions to juvenile crimes. As media coverage of horrific juvenile crimes in India brought the juvenile justice system into the spotlight, India has responded by following the United States' example and adopting its own transfer provisions. Flaws in India's justice system'particularly delay of justice, lack of coordination, and lack of resources¬'exacerbate the negative effects these transfer provisions have on rehabilitation and overall public …

A Call To Criminal Courts: Record Rules For Batson, Catherine M. Grasso, Barbara O'Brien

Kentucky Law Journal

No abstract provided.

Changing The Tax Code To Create Consumer-Driven Health Insurance Competition, Regina Herzlinger, Barak D. Richman

Faculty Scholarship

Because current tax laws exclude employer-paid health insurance premiums from employees’ taxable wages and income, employer-sponsored insurance remains the primary source of health insurance for most employed Americans. Economists have long blamed the employer-based insurance tax exclusion for inflating health care costs, and, more recently, for constraining income growth and exacerbating income inequality.

We execute a simulation to test the effect of permitting employees to receive their employers’ premium contribution directly and then purchase health insurance themselves, using tax-free funds. Employees could deduct for income tax purposes the amount used for insurance and, if they spend less than the amount …