Digital Commons Network^™

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 …

Mass Migration, Cultural Conflict, And The Fear Of Terrorism: Dilemmas Of The Democratic West, Tom Farer

Denver Journal of International Law & Policy

No abstract provided.

Lawful Gun Carriers (Police And Armed Citizens): License, Escalation And Race, Nicholas J. Johnson

Faculty Scholarship

No abstract provided.

Natural Resource, Regional Growth, And Human Capital Accumulation, Na Zuo

Theses and Dissertations--Agricultural Economics

The dissertation research will comprise three essays on the topic of the resource curse hypothesis and its mechanisms. The phenomenon of low economic growth in resource-rich regions is recognized as the “resource curse”. These essays will contribute to an understanding of the regional resource-growth relation within a nation.

Essay one tests the resource curse hypothesis at the U.S. state level. With a system of equations model, I decompose the overall resource effect to account for the two leading explanations — crowding-out and institution effects, thus investigate whether the institutions mediate the crowding-out effects. I did not find evidence of an …

Proportionality Review In Administrative Law, Jud Mathews

Contributions to Books

At the most basic level, the principle of proportionality captures the common-sensical proposition that, when the government acts, the means it chooses should be well-adapted to achieve the ends it is pursuing. The proportionality principle is an admonition, as German administrative law scholar Fritz Fleiner famously wrote many decades ago, that “the police should not shoot at sparrows with cannons”. The use of proportionality review in constitutional and international law has received ample attention from scholars in recent years, but less has been said about proportionality’s role within administrative law. This piece suggest that we can understand the differences in …

From Grace To Grids: Rethinking Due Process Protection For Parole, Kimberly Thomas, Paul Reingold

Journal of Criminal Law and Criminology

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 …

Impact Of Data On Litigation: Enhancing Cybersecurity In The Private Sector By Means Of Civil Liability Lawsuits - The Connie Francis Effect, Jeffrey F. Addicott

Faculty Articles

In order to explore the threats posed by cybersecurity breaches, first outline the steps taken by the government to address those threats in private sector economy, and then call attention to the ultimate solution, which will most certainly spur private businesses to create a more secure cyber environment for the American people - a Connie Francis-styled cyber civil action lawsuit. Technological advances opened up the unfathomable marvels of cyberspace and, by so doing, spawned a modern world that is now completely dependent on cyber, particularly in the context of sustaining and operating our critical infrastructure. Unfortunately, if supervisory control and …

Factors Associated With Large Vehicle Collision Fatalities From 2009-2015, An Assessment Of Factors Relevant To The 2014 Implementation Of The National Registry Of Certified Medical Examiners And Strategies For Driver Safety, Melinda L. Carol

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

OBJECTIVE: The Federal Motor Carrier Safety Administration (FMCSA) developed a National Registry of Certified Medical Examiners (NRCME) as a stride toward greater driver safety and public health. This retrospective, observational, cross-section study is intended to trend and analyze driver related factors that are pertinent to FMCSA certifying medical examination performed by NRCME providers in addition to driver behaviors and environmental factors from the years 2009 to 2015. The results of this study are intended to speculate the effectiveness of the NRCME and propose additional public health interventions aimed to reduce large vehicle fatalities.

METHODS: Data was extracted from …

Instilling Hope: Suggested Legislative Reform For Missouri Regarding Juvenile Sentencing Pursuant To Supreme Court Decisions In Miller And Montgomery, Brooke Wheelwright

Missouri Law Review

Missouri recently passed Senate Bill 590 (“SB 590”) in response to these decisions. However, inadequate time, research, and consideration were given to the passage of SB 590, in part because it was rushed through the legislature near the end of the legislative session. As a result, the bill has many shortcomings that must be fixed; this is the primary focus of this Note. Part II of this Note examines the necessary context and background of a handful of Supreme Court decisions pertaining to this issue. Part III discusses the language and likely impact of SB 590. Part III analyzes the …

Is Immigration Law National Security Law?, Shoba Sivaprasad Wadhia

Emory Law Journal

The debate around how to keep America safe while welcoming newcomers is prominent. In the last year, cities and countries around the world, including Baghdad, Dhaka, Istanbul, Paris, Beirut, Mali, and inside the United States, have been vulnerable to terrorist attacks and human tragedy. Meanwhile, the world faces the largest refugee crises since the Second World War. This Article is based on remarks delivered at the Emory Law Journal¿s annual Thrower Symposium on February 11, 2016. The Article explores how national security concerns have shaped recent immigration policy in the Executive Branch, Congress, and the states and considers the moral, …

The Myth Of The Sharing Economy And Its Implications For Regulating Innovation, Abbey Stemler

Emory Law Journal

A deflated air mattress rests in the corner of Airbnb¿s world headquarters. It symbolizes how Airbnb allows regular, local people to earn extra income by renting out space in their homes. Yet, this symbolism fails to represent what the company has become¿a unicorn receiving much of its revenue from professionals with full-time listings. The poorly folded wad of plastic exemplifies the Myth of the Sharing Economy, which has been consistently used to subvert regulation. While much has been written regarding the benefits of the sharing economy and how to regulate it, and disruptive innovations more broadly, this Article is the …

Inherently Governmental: A Legal Argument For Ending Private Federal Prisons And Detention Centers, Fiona O'Carroll

Emory Law Journal

Under the Federal Activities Inventory Reform (FAIR) Act of 1998, the federal government¿s ¿inherently governmental functions¿ must be performed by government actors, while its ¿commercial activities¿ may be performed by private contractors. This statute has important implications for the legality of privately operated federal prisons and immigration detention centers. If operating prisons and detention centers is an inherently governmental function within the meaning of the FAIR Act, then these facilities cannot be operated by private contractors. This Comment provides a comprehensive legal analysis of whether the operation of prison and detention facilities is an inherently governmental function.

Undergraduate Catalog, 2017-2018, University Of South Florida St. Petersburg.

Undergraduate Catalogs

No abstract provided.

Security Inequalities In North America: Reassessing Regional Security Complex Theory, Richard J. Kilroy Jr, Abelardo Rodriguez Sumano, Todd Hataley

Journal of Strategic Security

This article re-evaluates earlier work done by the authors on Regional Security Complex Theory (RSCT) in North America, using sectoral analysis initially developed by Buzan and Waever, but also adding the variables of institutions, identity, and interests. These variables are assessed qualitatively in the contemporary context on how they currently impress upon the process of securitization within sectoral relations between Canada, Mexico, and the United States. The article reviews the movement from bilateral security relations between these states to the development of a trilateral response to regional security challenges post- 9/11. It further addresses the present period and what appears …

Probation Officer Productivity: Using The Effort-Reward Imbalance Model, Brandon Presley

Electronic Theses and Dissertations

The purpose of this study is to determine the extent to which workplace efforts and rewards are associated with probation officer stress, overcommitment, health, and productivity. This research uses the effort-reward imbalance model, which is an indicator of job stress, on a group of criminal justice probation officers. The probation officers completed questionnaires regarding their perceptions of health, perceived reward, perceived effort, perceptions of overcommitment, and perceived productivity. Afterward, the responses were collected, and analyses were conducted using correlation and multiple regression to determine the extent to which perceptions of effort, reward, and overcommitment effect probation officer productivity and health. …

An Sos Conceptual Model, Lvc Simulation Framework, And A Prototypical Implementation Of Unmanned System Interventions For Nuclear Power Plant Disaster Preparedness, Response, And Mitigation, Matthew Davis

Electronic Theses and Dissertations

Nuclear power plant disasters can have severe and far-reaching consequences, thus emergency managers and first responders from utility owners to the DoD must be prepared to respond to and mitigate effects protecting the public and environment from further damage. Rapidly emerging unmanned systems promise significant improvement in response and mitigation of nuclear disasters. Models and simulations (M&S) may play a significant role in improving readiness and reducing risks through its use in planning, analysis, preparation training, and mitigation rehearsal for a wide spectrum of derivate scenarios. Legacy nuclear reactor M&S lack interoperability between themselves and avatar or agent-based simulations of …

Jail Mental Health Innovations: Factors Influencing Mental Health Services Innovations For Jails, Orville Clayton

Electronic Theses and Dissertations

The U.S. is recognized for uniquely high incarceration rates. Over recent decades, there has been a concurrent dramatic increase of jail detainees with mental disorders. Provision of adequate mental health services for jail inmates is constitutionally mandated, and has legal, ethical, quality of care, and fiscal implications for jails, families, communities, and detainees. Significant variation exists in the provision of mental health services across jails, and increased understanding of the factors that influence the adoption of such services may help guide jails to implement beneficial services, and ensure that such services reflect, reflect quality standards. This study used a mixed …

From The National Cyber Maturity To The Cyber Resilience: The Lessons Learnt From The Efforts Of Turkey, Bilge Karabacak, Unal Tatar

All Faculty and Staff Scholarship

In this paper, the details of critical infrastructure protection program of United States of America are shared by taking the cyber resilience into account. The academic and institutional studies on the concepts of cyber maturity, critical infrastructure protection program and cyber resilience are explained in detail. By the help of these studies and national efforts, the relations among these concepts are proposed. The key components of a cyber security strategy and action plan for a cyber resilient society is proposed by taking these three concepts into account. As the final step, the recent cyber security efforts of Turkey is shared …

Profit-Driven Prosecution And The Competitive Bidding Process, Maybell Romero

Journal of Criminal Law and Criminology

Prosecutors are the most powerful organs of the criminal justice system, enjoying discretion in decision-making far beyond that of law enforcement officials, defense attorneys, and judges. Perhaps due to this exceptional position, contemporary understandings and perceptions of criminal prosecutors have tended to be largely positive; evidence of such a normative understanding of the prosecutor and its role may be found from a variety of sources, from (other) law review articles to pop cultural touchstones in television and movies. The prevailing “prosecutorial norm” in the public consciousness embodies 1) a full-time government employee, 2) who devotes all of their time and …

Revisiting The Public Safety Exception To Miranda For Suspected Terrorists: Dzhokhar Tsarnaev And The Bombing Of The 2013 Boston Marathon, Hannah Lonky

Journal of Criminal Law and Criminology

This Comment examines the application of the public safety exception to Miranda to cases of domestic terrorism, looking particularly at the case of Dzhokhar Tsarnaev and the 2013 Boston Marathon bombing. By comparing the Department of Justice’s War on Terror policies to the Warren Court’s rationale for Miranda, this Comment argues that courts should require law enforcement officers to have reasonable knowledge of an immediate threat to public safety before they may properly invoke the Quarles public safety exception.

Policing In Partnership: Nicaraguan Policies With Implications For U.S. Police Forces, J. Thomas Ratchford Iii

Emory International Law Review

In the midst of surging gang-fueled violence in Central America, Nicaragua has developed a community policing model that's results call into question the efficacy of the militarized model employed by both her neighbors and many jurisdictions in the United States. This Comment argues that, while the United States may have pioneered the concept of community policing, the Nicaraguan National Police has perfected it. This approach has the potential to inform implementation worldwide, specifically in the United States. Rather than militarization, which has eroded trust between residents and police forces, the Nicaraguan model offers a return to policing in partnership with …

Cybersecurity In The Marine Transportation Sector: Protecting Intellectual Property To Keep Our Ports, Facilities, And Vessels Safe From Cyber Threats, Rachel Foote

Cybaris®

No abstract provided.

Moonlighting: The Private Employment Of Off-Duty Officers, Seth W. Stoughton

Faculty Publications

Every day, law enforcement officers across the country don their uniforms, strap on their gun belts, and head to work. They carry the equipment and weapons that they have been issued, and they bear the badges that symbolize their authority, but they are not all reporting to the government agency that employs them. Instead, many are “moonlighting.” From directing traffic at a busy church parking lot to making arrests at a packed nightclub to using deadly force, uniformed off-duty officers exercise the full panoply of police powers while working for private employers.

The private employment of off-duty officers blurs the …

Advancing Understanding Of The Surface Water Quality Regime Of Contemporary Mixed-Land-Use Watersheds: An Application Of The Experimental Watershed Method, Elliott Kellner, Jason A. Hubbart

Faculty & Staff Scholarship

A representative watershed was instrumented with five gauging sites (n = 5), partitioning the catchment into five nested-scale sub-watersheds. Four physiochemical variables were monitored: water temperature, pH, total dissolved solids (TDS), and dissolved oxygen (DO). Data were collected four days per week from October 2010–May 2014 at each gauging site. Statistical analyses indicated significant differences (p < 0.05) between nearly every monitoring site pairing for each physiochemical variable. The water temperature regime displayed a threshold/step-change condition, with an upshifted and more variable regime attributable to the impacts of urban land uses. TDS, pH, and DO displayed similar spatiotemporal trends, with increasing median concentrations from site #1 (agriculture) to #3 (mixed-use urban) and decreasing median concentrations from site #3 to #5 (suburban). Decreasing concentrations and increasing streamflow volume with stream distance, suggest the contribution of dilution processes to the physiochemical regime of the creek below urban site #3. DO concentrations exceeded water quality standards on an average of 31% of observation days. Results showed seasonal trends for each physiochemical parameter, with higher TDS, pH, and DO during the cold season (November–April) relative to the warm season (May–October). Multivariate modeling results emphasize the importance of the pH/DO relationship in these systems, and demonstrate the potential utility of a simple two factor model (water temperature and pH) in accurately predicting DO. Collectively, results highlight the interacting influences of natural (autotrophic photosynthesis, organic detritus loading) and anthropogenic (road salt application) factors on the physiochemical regime of mixed-land-use watersheds.

Hcm 2910 : Introduction To Health Communication, Communication Studies, Health Administration

Approved Course Proposals

No abstract provided.

Internet Of Things, John Ritz, Zane Knaack

STEMPS Faculty Publications

The internet has not only made information searching and instantaneous communications possible, it has also expanded the development of smart products that can be connected and controlled over the internet. Automobile manufacturers have used these devices during the past decade to make cars safer and assist drivers with updated information on vehicle operation. Today many more products can be operated and controlled from a smartphone or computer. Depending on your level of desired internet-connectedness, many home products are coming to the market with IoT connectivity. Much data is being collected and acted upon through databases. These developments should enable machines …

A Consumer Protection Rationale For Regulation Of Tax Return Preparers, Pippa Browde

Faculty Law Review Articles

Of the 150 million tax returns filed each year, approximately fifty-six percent are prepared with the help ofa paid preparer. Although state-licensed lawyers and certified public accountants may prepare tax returns for clients, the vast majority ofpaid tax return preparers are completely unregulated. For low-income taxpayers who are eligible for refundable tax credits, these unregulated tax return preparers do more than just fill out tax returns. Return preparers who serve low-income taxpayers often also market consumer credit products, such as refund anticipation loans or checks. Government agencies and consumer advocates have documented widespread problems with the tax return preparer industry. …

In Defense Of California's Mandatory Child Vaccination Law: California Courts Should Not Depart From Established Precedent, Stephanie Awanyai

Loyola of Los Angeles Law Review

In the wake of the 2015 measles outbreak in California, California Senate Bill 277 (S.B. 277) was enacted. S.B. 277 repeals the personal belief exemption to California’s immunization requirement for children in public and private educational or child care facilities in the State. While S.B. 277 was enacted to prevent the spread of contagious diseases through mandatory vaccinations of school-aged children, there are objections to this approach. Parents who oppose S.B. 277 contend that S.B. 277 violates their federal and state constitutional rights to make medical decisions on behalf of their child, and infringes on their child’s fundamental state interest …

Rehabilitating New Jersey's Abandoned Property Legislation, Samantha N. Palma, Jason M. Santarcangelo, Esq

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Adult Justice In Nebraska 2017, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Ryan E. Spohn, Emily Wright, Joselyne Chenane, Sara Toto

Reports

From the Director: The Nebraska Center for Justice Research was established in 2014 with a mission to develop and sustain research capacity internal to the State of Nebraska, assist the Legislature in research, evaluation, and policymaking to reduce recidivism, promote the use of evidence-based practices in corrections, and improve public safety. The primary purpose of this report is to provide an overview of recent trends in Nebraska’s adult criminal justice system. Most of the data in this report is presented statewide as well as separated into Nebraska’s twelve judicial districts. Nebraska’s two most metropolitan counties are represented by District 4 …