Digital Commons Network^™

Better Outcomes: Improving Accountability & Transparency In Transportation Decision-Making, Robert Zako, Rebecca Lewis

TREC Final Reports

This report aims to help policymakers and staff at all levels of government make transportation investments that serve the public better.

Amazingly, we simply don’t know how effective government spending is at achieving the outcomes the public expects and has been promised! Clearly, taxpayer dollars buy roads, bus service, airports, ferry service, and other transportation facilities and services. But it is unclear how well such investments help get people where they want to go, create jobs, improve public health, support community development, and provide other benefits. In other words, it is uncertain how cost-effectively the means (transportation investments) achieve the …

The Vested Rights Doctrine: How A Shield Against Injustice Became A Sword For Opportunistic Developers, Steve P. Calandrillo, Chryssa Deliganis, Christina Elles

Articles

In an era of pioneering environmental and land use laws, savvy developers are using the “vested rights” doctrine to circumvent and undermine critical public health, safety, and environmental regulations. This controversy pits two legitimate interests against each other: On the one hand, local governments must have the power to pass land use laws and regulations in the public interest to protect their community’s health, safety, welfare, and environment. On the other, developers who rely on the laws in existence at the time their project is approved should be protected from subsequent changes to the law that could increase transactional costs …

Regulating Cumulative Risk, Sanne H. Knudsen

Articles

This Article proceeds in four parts. Part I describes how cumulative risk assessments tackle the real-world exposure problems that lie at the heart of public health. It shows how risk science has evolved and why policy, not science, lags behind. Part II then examines why key public health concerns cannot be answered through information disclosure or consumer choice models alone.

Having established that regulatory drivers are needed, Part III begins to examine how to move forward. It does so by looking backward and examining how TSCA and FIFRA have failed historically to provide this critical public health focus despite room …

Give It To Me, I'M Worth It: The Need To Amend Georgia's Record Restriction Statute To Provide Ex-Offenders With A Second Chance In The Employment Sector, Bonita A. Huggins

Georgia Law Review

In the era of mass criminalization, where over 70
million Americans and almost four million Georgians
have a criminal record, the collateral consequences that
accompany criminal records have become barriers to
employment for many ex-offenders trying to reenter the
workforce. Blanket exclusionary hiring policies that
apply to all individuals with a record regardless of the
nature of the offense or time since its commission have
left a portion of the population with little to no
opportunity to act as productive, contributing members
of society.
Georgia's current statutory scheme built to alleviate
the effects of the collateral consequences of a criminal …

Stigma And Restoration Of Civil Rights To Felons, Kimberly Paige Pithey

Theses and Dissertations

Millions of people in the United States are banned from basic civil rights including participation in voting, jury duty, applying for government assistance, and owning a firearm because they have had a felony conviction. There is limited research on attitudes regarding the restoration of civil rights to felons. This thesis uses Goffman’s theory of stigma to examine whether public support for the restoration of rights to felons is associated with knowledge of felony convictions and whether an individual knows someone with a felony conviction. This study used an online survey of college undergraduates (N = 362) to explore two hypotheses …

Situating The Corporation Within The Vulnerability Paradigm: What Impact Does Corporate Personhood Have On Vulnerability, Dependency, And Resilience, Heather Kolinsky

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Brief For Amici Curiae Scholars Of Immigration Law In Support Of Plaintiffs-Appellees And Affirmance In Hawaii V. Trump, 2017 U.S. 9th Cir., Anita Sinha

Amicus Briefs & Court Filings

No abstract provided.

Unf Journal Winter 2017, University Of North Florida

UNF Journal

A university periodical for alumni and friends of the University of North Florida.

Police Misconduct, Video Recording, And Procedural Barriers To Rights Enforcement, Howard M. Wasserman

Faculty Publications

The story of police reform and of "policing the police" has become the story of video and video evidence, and "record everything to know the truth" has become the singular mantra. Video, both police-created and citizen-created, has become the singular tool for ensuring police accountability, reforming law enforcement, and enforcing the rights of victims of police misconduct. This Article explores procedural problems surrounding the use of video recording and video evidence to counter police misconduct, hold individual officers and governments accountable, and reform departmental policies, regulations, and practices. It considers four issues: 1) the mistaken belief that video can "speak …

Evaluation Of Multicarrier Air Interfaces In The Presence Of Interference For L-Band And C-Band Air-Ground Communications, Hosseinali Jamal

Theses and Dissertations

The use of aeronautical vehicles and systems is continuously growing, and this means current aeronautical communication systems, particularly those operating in the very high frequency (VHF) aviation band, will suffer from severe congestion in some regions of the world. For example, it is estimated that air-to-ground (AG) communication traffic density will at least double by 2035 over that in 2012, based on the most-likely growth scenario for Europe. This traffic growth (worldwide) has led civil aviation authorities such as the FAA in the USA, and EuroControl in Europe, to jointly explore development of future communication infrastructures (FCI). According to international …

Green Vs. White: An Examination Of Of Media Portrayals Of Radical Environmentalists And White Supremacists, Laurence Pedroni

Master's Theses

The rise of the Trump presidency has highlighted not only the white supremacist history of the U.S., but also reflects danger to the survival of the species in the form of wholesale climate change denial. These ideologies are not unique to Trump or his cabinet, instead reflecting long standing U.S. policy. This research seeks to examine how the U.S. media supports and propagates propaganda to support these hegemonic goals. Relevant literature and research seem to suggest that because radical environmental movements often challenge the hegemony of capital accumulation, they might be portrayed as more violent and a greater terrorist threat …

The Impact Of Small Group Intervention Focusing On Operations With Rational Numbers On Students’ Performance In The Florida Algebra I End-Of-Course Examination, Evelyn Dopico

Theses and Dissertations

In Florida, passing the Algebra I end-of-course examination (EOCE) is a graduation requirement. The test measures knowledge of basic algebra. In spring 2015, the Department of Education introduced a different version of the test. For the first two administrations of the new test, the failure rate for 9th-grade students in the state was almost 50%. In contrast, the failure rate for students in the school where this study was implemented exceeded 70%. The purpose of this study was to determine the outcome of small group intervention focusing on operations with rational numbers of high school students’ performance on the Algebra …

The Legacy Of Theodore Roosevelt’S Approach To Governmental Powers, Julia L. Ernst

North Dakota Law Review

No abstract provided.

Annual Security Report For Calendar Year 2016, Illinois State University Police Department

Clery Act Annual Security Report

Illinois State University Police Department Annual Security Report

Bail Reform In Colorado: A Presumption Of Release, Joshua J. Luna

University of Colorado Law Review

Interest in bail reform has ebbed and flowed in the United States since the 1960s. Recently, a condemning look at bail administration and pretrial detention across various jurisdictions has pushed bail reform to the policy forefront at both the national and state levels. In 2013, Colorado's General Assembly reformed its bail statute to decrease reliance on monetary bail and promote pretrial services programs in an attempt to prevent unnecessary pretrial detention of low-income defendants who present low risks for flight and threat to community safety. This reform was a much-needed step in the right direction. But the new bail statute …

Undergraduate Course Catalog Of The University Of San Diego 2017-2018, University Of San Diego

Undergraduate Course Catalogs (1973- )

348 pages. Includes information about academics, campus and the college, the 2017-2018 academic calendar, and school policies.

Legislative Committee Abbreviations

California Regulatory Law Reporter

No abstract provided.

Fostering Legal Cynicism Through Immigration Detention, Emily Ryo

Faculty Scholarship

Every year, tens of thousands of noncitizens in removal proceedings are held and processed through an expanding web of immigration detention facilities across the United States. The use of immigration detention is expected to dramatically increase under the Trump administration’s mass deportation policy. I argue that this civil confinement system may serve a critical socio-legal function that has escaped the attention of policymakers, scholars, and the public alike. Using extensive original data on long-term immigrant detainees, I explore how immigration detention might function as a site of legal socialization that helps to promote or reinforce widespread legal cynicism among immigrant …

Guide To The Associated Students Records, University Of San Diego Associated Students

University Records

The Associated Students of the University of San Diego records document the administrative workings of the Associated Students from 1970 to 2006. Records include budget history, constitution and by-laws, event planning materials, meeting minutes, and transition documents. Photographs, scrapbooks, and videos give a glimpse into student life and Associated Students leadership between 1990 and 2008.

Finding Aids are tools used to aid research by describing the materials in a collection. University Records Finding Aids include historical and/or biographical information along with a description of the collection and a folder listing of the content.

To view this collection please email University …

Patriotic Philanthropy? Financing The State With Gifts To Government, Margaret H. Lemos, Guy-Uriel Charles

Faculty Scholarship

Federal and state law prohibit government officials from accepting gifts or “emoluments” from outside sources. The purpose of gift bans, like restrictions on more explicit forms of bribery, is to protect the integrity of political processes and to ensure that decisions about public policy are made in the public interest — not to advance a private agenda. Similar considerations animate regulations on campaign funding and lobbying. Yet private entities remain free to offer gifts to government itself, to foot the bill for particular public projects they would like to see government pursue. Such gifts — dubbed “patriotic philanthropy” by one …

University Of San Diego Graduate Course Catalog 2017-2018, University Of San Diego

Graduate Course Catalogs (1971-)

195 pages

2017 Usd Fact Book, University Of San Diego

USD Fact Books (1985- )

No abstract provided.

The Public Service Loan Forgiveness Program: The Need For Better Employment Eligibility Regulations, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

People will start seeking tax-exempt debt forgiveness under the Public Service Loan Forgiveness (“PSLF”) program in October of 2017 after satisfying the requirements of 10 years of post-October 1, 2007 employment in a “public service job.” I estimate that eventually 200,000 people a year or more will obtain debt forgiveness under this program, at a total cost to the Treasury of $12 billion/year or more. Estimates are that up to one-quarter of all employment will qualify as a public service job.

For such a large and costly program the precise eligibility criteria are crucial. The statutory definition of a public …

Justifying Perceptions In First And Second Amendment Doctrine, Eric Ruben

Faculty Journal Articles and Book Chapters

Public perceptions often motivate policymakers. But what is the role of perceptions in defending regulations challenged as violating constitutional rights? This article explores how First and Second Amendment doctrine answer that question.

First Amendment free speech doctrine deploys categorical rules and balancing tests to determine the constitutionality of speech restrictions seeking to shape various perceptions. The resulting discrepancies, the article contends, can be explained by motive-based theories of First Amendment doctrine.

In the Second Amendment context, how to handle perception-based regulations remains an open question. Some courts have held that firearm restrictions can pass muster if they preserve the public’s …

Constructing Recidivism Risk, Jessica M. Eaglin

Articles by Maurer Faculty

Courts increasingly use actuarial meaning statistically derived information about a defendant's likelihood of engaging in criminal behavior in the future at sentencing. This Article examines how developers construct the tools that predict recidivism risk. It exposes the numerous choices that developers make during tool construction with serious consequences to sentencing law and policy. These design decisions require normative judgments concerning accuracy, equality, and the purpose of punishment. Whether and how to address these concerns reflects societal values about the administration of criminal justice more broadly. Currently, developers make these choices in the absence of law, even as they face distinct …

An Aggravating Adolescence: An Analysis Of Juvenile Convictions As Statutory Aggravators In Capital Cases, Lesley A. O'Neill

Georgia Law Review

In death penalty cases there is a requirement that
certain statutory aggravators must be present in order to
reach a death verdict. One such statutory aggravator in
most states is the defendant having previously committed
a felony, which can include crimes committed as a
juvenile. While the Supreme Court ruled in 2005 that
sentencing a defendant to death for crimes they committed
as a juvenile is unconstitutional, many states' death
penalty statutes allow for the possibility that the sole
aggravator relied on for a verdict of death is a previous
juvenile conviction. This Note argues that based on the
Court's …

The Problematic Prosecution Of An Asian American Police Officer: Notes From A Participant In People V. Peter Liang, Gabriel J. Chin

Georgia Law Review

Peter Liang is a former New York City Police Officer convicted
of accidentally killing a twenty-eight-year-old African-American
man, Akai Gurley in the stairwell of a Brooklyn housing project.
On the evening of Thursday, November 20, 2014, Mr. Liang was a
rookie officer, 11 months out of the police academy. He and his
partner Shaun Landau, also a rookie, were on patrol in the Louis
Pink Houses, a public housing project built by Robert Moses in
East New York, Brooklyn. They were pulling, a mandatory
overtime shift ordered because of recent shootings in the Pink

Houses. This was only their second …

Annual Report, Fiscal Year 2017, Tennessee. Department Of Correction

Annual Reports

This document is the annual report for the Tennessee Department of Correction during the fiscal year.

[Introduction To] The Dream Is Lost: Voting Rights And The Politics Of Race In Richmond, Virginia, Julian Maxwell Hayter

Bookshelf

Once the capital of the Confederacy and the industrial hub of slave-based tobacco production, Richmond, Virginia has been largely overlooked in the context of twentieth century urban and political history. By the early 1960s, the city served as an important center for integrated politics, as African Americans fought for fair representation and mobilized voters in order to overcome discriminatory policies. Richmond’s African Americans struggled to serve their growing communities in the face of unyielding discrimination. Yet, due to their dedication to strengthening the Voting Rights Act of 1965, African American politicians held a city council majority by the late 1970s. …

Fingerprints And Miscarriages Of Justice: "Other" Types Of Error And A Post-Conviction Right To Database Searching, Simon A. Cole, Barry Scheck

Articles

The article examines the role of fingerprint evidence in wrongful convictions and exonerations, focusing on errors beyond erroneous individualizations, such as missed exclusions and inconclusive results. It introduces a framework for categorizing fingerprint errors and advocates for increased access to post-conviction Automated Fingerprint Identification System (AFIS) searches to reduce miscarriages of justice. The authors argue that while DNA database searching is widely recognized as a tool for exonerations, fingerprint database searching remains underutilized despite its potential to uncover innocence. They propose expanding legal access to fingerprint evidence to align with the principles of truth, justice, and science.