Digital Commons Network^™

The Negative Impact Of Intellectual Property Patent Rights On Developing Countries: An Examination Of The Indian Pharmaceutical Industry, Nadia Natasha Seeratan

The Scholar: St. Mary's Law Review on Race and Social Justice

No abstract provided.

Zombie Patents And Zombie Companies With Patents, Xuan-Thao Nguyen

Articles

While a zombie is the undead and has no expiration, patents do. A patent comes into existence the moment the government, through the United States Patent and Trademark Office (USPTO), examines the invention application and issues a grant of patent. From that birth, a patent will have a lifetime of only twenty years from the date of filing the application. Patents expire and have no life after the twenty-year period.

Some patents die when the patentees abandon them by not paying maintenance fees. Dead patents must remain dead and become part of the public domain. Unfortunately, this Essay observes that …

Missing Police Body Camera Videos: Remedies, Evidentiary Fairness, And Automatic Activation, Mary D. Fan

Articles

A movement toward police regulation by recording is sweeping the nation. Responding to calls for accountability, transparency and better evidence, departments have rapidly adopted body cameras. Recording policies require the police to record more law enforcement encounters than ever before. But what happens if officers do not record? This is an important, growing area of controversy. Based on the collection and coding of police department body camera policies, this Article reveals widespread detection and enforcement gaps regarding failures to record as required. More than half of the major-city departments in the sample have no provisions specifying consequences for not recording …

Dedication To Judge Kathleen F. Trandahl, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Excessive Force Cases And Incidents Of Deadly Police Force Ignite Possibilities For Change In Eighth Circuit Sec. 1983 Law, Shad E. Christman

South Dakota Law Review

No abstract provided.

The Trilogy And Beyond, Perry L. Moriearty

South Dakota Law Review

No abstract provided.

South Dakota's Data-Driven, Evidences-Based Juvenile Justice Reform, Wendy Hess, Emily Verhine

South Dakota Law Review

No abstract provided.

A Campaign Approach To Challenging The Prosecution Of Youth As Adults, Marcy Mistrett, Jeree Thomas

South Dakota Law Review

No abstract provided.

Children Are Sacred: Applying Navajo (Dine) Fundamental Law To Strengthen Juvenile Justice, Troy A. Eid, Deanna Goldtooth

South Dakota Law Review

No abstract provided.

Punishment That Does Not Fit The Crime: The Unconstitutional Practice Of Placing Youth On Sex Offender Registries, Ashley R. Brost, Annick-Marie S. Jordan

South Dakota Law Review

No abstract provided.

The Movement To Stop Youth Solitary Confinement: Drivers Of Success & Remaining Challenges, Amy Fettig

South Dakota Law Review

No abstract provided.

Engaging The Private Sector To Fortify Strategic Base And Port Community Resiliency In The Aftermath Of A National Crisis, Rosalie J. Wyatt

Walden Dissertations and Doctoral Studies

The initial 72 hours after a large-scale crisis are critical in terms of preserving life and property, and the private sector and its critical infrastructure are often called upon to assist government organizations in such events. However, little research explores the unique circumstances surrounding the relationship between public-private partnerships and community resilience in strategic communities including military installations and ports. Using Bryson, Crosby, and Stone's conceptualization of cross-sector collaboration, the purpose of this grounded theory study was to develop a theory of private sector engagement and collaboration with military base and port community leaders in response to large scale crises. …

Policy Decisions And Options-Based Responses To Active Shooters In Public Schools, Vicki M. Abbinante

Walden Dissertations and Doctoral Studies

Active shooter events in K-12 schools have increased since 1990, and developing response policies to such events is a responsibility of school personnel. A paucity of data regarding options-based response practices existed with no focus on policy processes. The purpose of this qualitative multi-case study was to describe the decision-making processes used in school districts when approving the inclusion of options-based responses to active shooter events in Emergency Operations Plans (EOPs). The research questions addressed processes that shaped the development of options-based responses to active shooter policies in 3 K-12 school districts within the Midwest. The conceptual framework was informed …

Using Dynamic Risk To Predict Violent Recidivism In "Real Time": Applying A Framework For Proximal Assessment Of Risk Of General Recidivism To Predict Violent Outcomes, Ariel G. Stone

Open Access Theses & Dissertations

In correctional psychology, risk factors are offender characteristics and contexts that increase the likelihood of reoffending. Risk is generally conceptualized as being either static or dynamic (Andrews & Bonta, 2010). Static risk factors are variables that cannot change, such as one's criminal history or gender. Dynamic risk factors must, by definition, be able to change across time. Perhaps more importantly, changes in dynamic risk factors must correspond to changes in the likelihood of an offender committing a new offense. Although static risk is a more robust predictor of recidivism, dynamic risk is important, in that it (a) has clearer theoretical …

Do Coaches Practice What They Preach? An Evaluation Of The Usage Of Evidence-Based Practices Among Probation Officer Coaches, Tamara Kang

Open Access Theses & Dissertations

Probation supervision has the potential to serve a rehabilitative function through the use of evidence-based practices (EBPs; practices supported by empirical research). Often, when administrators adopt EBPs in their agency, these programs may not be implemented with fidelity by probation officers who interact with offenders. Thus, there is a critical need to examine methods of increasing the effectiveness of implementing EBPs among officers. One method, peer mentoring (i.e., coaches), is gaining popularity; however, little is known about the highly-motivated officers who volunteer to be coaches. Consequently, this Dissertation investigates compliance with EBPs among officers who have volunteered to become coaches …

Why Some Religious Accommodations For Mandatory Vaccinations Violate The Establishment Clause, Hillel Y. Levin

Scholarly Works

All states require parents to inoculate their children against deadly diseases prior to enrolling them in public schools, but the vast majority of states also allow parents to opt out on religious grounds. This religious accommodation imposes potentially grave costs on the children of non-vaccinating parents and on those who cannot be immunized. The Establishment Clause prohibits religious accommodations that impose such costs on third parties in some cases, but not in all. This presents a difficult line-drawing problem. The Supreme Court has offered little guidance, and scholars are divided.

This Article addresses the problem of religious accommodations that impose …

Just Planning: What Has Kept The Arts And Urban Planning Apart?, Tom Borrup

Student Articles, Chapters, Presentations, Learning Objects

The creative and cultural sector, including artists, creative entrepreneurs, cultural practitioners, and most nonprofit arts and cultural organizations, remain on the fringes of the larger enterprise of urban planning and city building. Only recently have limited forays demonstrated potentials that theorists and cultural planners called for 40 years ago. This article examines early ideas to bridge arts and culture with urban planning and explores why these two complementary practices have kept their distance. It surveys the history, theory, and practice of cultural planning and its relationship to urban planning. Meanwhile, increasing complexity and diversity of populations of cities creates greater …

Erratum To: Scaling Up Strategies Of The Chronic Respiratory Disease Programme Of The European Innovation Partnership On Active And Healthy Ageing (Action Plan B3: Area 5), J Bousquet, J. Farrell, G. Crooks, P. Hellings, E. H. Bel, M. Bewick, N. H. Chavannes, Sousa Jc De, A. A. Cruz, T. Haahtela, G. Joos, N. Khaltaev, J. Malva, A. Muraro, M. Nogues, S. Palkonen, S. Pedersen, C. Robalo-Cordeiro, B. Samolinski, T. Strandberg, A. Valiulis, A. Yorgancioglu, T. Zuberbier, A. Bedbrook, W. Aberer, M. Adachi, A. Agusti, Ca Akdis, M Akdis, J. Ankri

School of Psychology

No abstract provided.

From Dawn To Dan: The Journey Of Karate Masters., Brandon W. Maynard

Antioch University Dissertations & Theses

The contributions martial arts training can make to mental health treatment have scarcely been explored by researchers in psychology. Practitioners of martial arts, such as karate, report that the training improves self-esteem, concentration, and emotional well-being. Several studies have provided empirical evidence in support of these anecdotal reports, but very few have utilized participants who have advanced training in martial arts to examine the emotional impact such training has across time. This study takes a phenomenological approach to studying the emotional effects training has had on master-level martial artists (fourth-degree black belt or higher) in the discipline of karate. Eight …

Black Police Uniforms Implicitly Increase Hostile Perceptions And Behavior, Amber Kristin Lupo

Open Access Theses & Dissertations

Use of excessive, and sometimes deadly, force by U.S. law enforcement officers is a critical and costly problem. An enclothed cognition framework suggests that clothing, such as a uniform, can implicitly affect cognitive processing and behavior of the wearer (Adam & Galinsky, 2012). Previous research demonstrated that darker clothing implicitly affects judgments and behavior in two ways. First, persons who wear darker clothing are perceived more negatively (Vrig, 1997; Vrig & Akehurst, 1997). Second, actors wearing darker colored clothing demonstrate greater aggressive behavior than actors wearing lighter colored clothing (Frank & Gilovich, 1988; Peña, Hancock, & Merola, 2009). The present …

Safety Airway For Small Unmanned Aerial Vehicles Using A Gas Particles Behavior Analogy, Pablo Rangel

Open Access Theses & Dissertations

The United States Federal Aviation Administration (FAA) implemented the Part 107 legislation to allow the flight of Unmanned Aerial Vehicles (UAV) for commercial use (i.e. package deliveries, power transmission line inspections, etc.) in the National Airspace System (NAS). As a consequence of the newly introduced rules, there is an increased risk for accidents involving injured bystanders or damaged to property. The work within this document defines a UAV to UAV safety distance model that acts as a range sensor enabled "elastic bubble". The length of the UAV safety bubble contracts and expands upon changing airway wind speed conditions. It also …

Criminal Law As Family Law, Andrea L. Dennis

Scholarly Works

The criminal justice system has expanded dramatically over the last several decades, extending its reach into family life. This expansion has disproportionately and negatively impacted Black communities and social networks, including Black families. Despite these pervasive shifts, legal scholars have virtually ignored the intersection of criminal, family, and racial justice. This Article explores the gap in literature in two respects. First, the Article weaves together criminal law, family law, and racial justice by cataloging ways in which the modern criminal justice state regulates family life, particularly for Black families. Second, the Article examines the depth of criminal justice interference in …

The Downstream Consequences Of Misdemeanor Pretrial Detention, Paul Heaton, Sandra G. Mayson, Megan Stevenson

Scholarly Works

In misdemeanor cases, pretrial detention poses a particular problem because it may induce innocent defendants to plead guilty in order to exit jail, potentially creating widespread error in case adjudication. While practitioners have long recognized this possibility, empirical evidence on the downstream impacts of pretrial detention on misdemeanor defendants and their cases remains limited. This Article uses detailed data on hundreds of thousands of misdemeanor cases resolved in Harris County, Texas—the thirdlargest county in the United States—to measure the effects of pretrial detention on case outcomes and future crime. We find that detained defendants are 25% more likely than similarly …

Decriminalizing Childhood, Andrea L. Dennis

Scholarly Works

Even though the number of juveniles arrested, tried and detained has recently declined, there are still a large number of delinquency cases, children under supervision by state officials, and children living in state facilities for youth and adults. Additionally, any positive developments in juvenile justice have not been evenly experienced by all youth. Juveniles living in urban areas are more likely to have their cases formally processed in the juvenile justice system rather than informally resolved. Further, the reach of the justice system has a particularly disparate effect on minority youth who tend to live in heavily-policed urban areas.

The …

New Policing, New Segregation: From Ferguson To New York, Jeffrey Fagan, Elliott Ash

Faculty Scholarship

In popular and political culture, many observers credit nearly twenty-five years of declining crime rates to the “New Policing.” Breaking with a past tradition of “reactive policing,” the New Policing emphasizes advanced statistical metrics, new forms of organizational accountability, and aggressive tactical enforcement of minor crimes. The existing research and scholarship on these developments have focused mostly on the nation’s major cities, where concentrated populations and elevated crime rates provide pressurized laboratories for police experimentation, often in the spotlight of political scrutiny. An additional line of scholarship has looked more closely at how the tactics of the New Policing have …

The Future Of State Sovereignty, Joseph Raz

Faculty Scholarship

Advances in the legalisation of international relations, and the growing number of international organisations raise the question whether state sovereignty had its day. The paper defines sovereignty in a way that allows for degrees of sovereignty. Its analysis assumes that while sovereignty has become more limited, a trend which may continue, there is no sign that it is likely to disappear. The paper offers thoughts towards a normative analysis of these developments and the prospects they offer. Advocates of progress towards world government, while wise to many of current defects, are blind to the evils that a world government will …

Police Contact And Mental Health, Amanda Geller, Jeffrey Fagan, Tom R. Tyler

Faculty Scholarship

Although an effective police presence is widely regarded as critical to public safety, less is known about the effects of police practices on mental health and community wellbeing. Adolescents and young adults in specific neighborhoods of urban areas are likely to experience assertive contemporary police practices. This study goes beyond research on policing effects on legal socialization to assess the effects of police contact on the mental health of those stopped by the police. We collected and analyzed data in a two wave survey of young men in New York City (N=717) clustered in the neighborhoods with the highest rates …

Informants And Cooperators, Daniel C. Richman

Faculty Scholarship

The police have long relied on informants to make critical cases, and prosecutors have long relied on cooperator testimony at trials. Still, concerns about these tools for obtaining closely held information have substantially increased in recent years. Reliability concerns have loomed largest, but broader social costs have also been identified. After highlighting both the value of informants and cooperators and the pathologies associated with them, this chapter explores the external and internal measures that can or should be deployed to regulate their use.

Not To Be Blunt, But Consumers Demand Weed With Their Pizza: Model Legislation For Marijuana Courier And Home Delivery Services, London Ryyanen England

SMU Science and Technology Law Review

No abstract provided.

The Importance Of A Participatory Charitable Giving Incentive, Roger Colinvaux

Scholarly Articles

Leading tax reform proposals contemplate a charitable deduction claimed by just five percent of taxpayers. Such a limited deduction would fatally undermine the foundations of a giving incentive that has fostered an altruistic and pluralistic society through its broad-based participation and would seriously harm the charitable sector. Section 501(c)(3) would recede in importance as setting the standard for a public benefit organization. More gifts would go to private benefit and political organizations. The article argues that a charitable deduction for the few should be rejected. Instead, Congress should consider expanding the charitable giving incentive by extending it to more taxpayers …