Digital Commons Network^™

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 …

Introductory Essay: Catastrophe Thinking, Fast And Slow, Todd A. Wildermuth

Articles

No abstract provided.

The Worst System Of Citation Except For All The Others, David J.S. Ziff

Articles

Now in its twentieth edition, The Bluebook continues to cast its shadow over the legal profession just as it has for almost 100 years, helping legal writers format their references to authorities in briefs, memoranda, opinions, and law review articles. Previous critiques have offered various theories for why, despite its problems, The Bluebook remains the standard for legal citation. Ivy League elitism, the first-mover advantage, and lawyers’ conservative preference for the status quo have all been offered to explain the seemingly inexplicable: If this system is so terrible, then why are we still stuck with it?

One potential answer to …

Astroturf Activism, Melissa J. Durkee

Articles

Corporate influence in government is more than a national issue; it is an international phenomenon. For years, businesses have been infiltrating international legal processes. They secretly lobby lawmakers through front groups: “astroturf” imitations of grassroots organizations. But because this business lobbying is covert, it has been underappreciated in both the literature and the law.

This Article unearths the “astroturf activism” phenomenon. It offers an original descriptive account that classifies modes of business access to international officials and identifies harms, then develops a critical analysis of the laws that regulate this access. I show that the perplexing set of access rules …

Judging Congressional Elections, Lisa Marshall Manheim

Articles

This Article reveals what passes as federal constitutional law in this area: a chaotic set of ad hoc, state-based interpretations that vary drastically by jurisdiction. Some states, for example, have interpreted Article I, Section 5 to permit courts to adjudicate congressional election contests. Others have concluded the opposite. Through such conflicting interpretations, state courts have contributed to a deep, intractable split on the provision's meaning and reach.

State legislatures have compounded the discord by enacting statutes that codify their interpretations, a move that renders their constitutional determinations practically unreviewable. Meanwhile, both Houses of Congress continue to adjudicate these congressional election …

A Transactional Theory Of The Reader In Copyright Law, Zahr K. Said

Articles

Copyright doctrine requires judges and juries to engage in some form of experiencing or “reading” artistic works to determine whether these works have been infringed. Despite the central role that this reading—or viewing, or listening—plays in copyright disputes, copyright law lacks a robust theory of reading, and of the proper role for the “reader.” Reading matters in copyright cases, first, because many courts rely on the “ordinary observer” standard to determine infringement, which requires figuring out or assuming how an ordinary observer would read the works at issue. Second, most courts characterize a key part of infringement analysis as a …

The Advent Of Lawyers In Japanese Government, Daniel H. Foote

Articles

Until 2003, Japanese lawyers were prohibited by law from entering full-time employment in governmental bodies. That year, in line with recommendations by the Justice System Reform Council, the Lawyers Act was amended to permit lawyers to undertake such employment. Incorporating information and insights from interviews with former government lawyers and other concerned parties, this article examines the rise in the hiring of government lawyers and its impact. The article considers factors that have contributed to the increase, examines the roles played by these lawyers, considers prospects for the future, and discusses implications for government, the legal profession, clients, and legal …

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

South Dakota Law Review

No abstract provided.

A Bone To Pick: Applying A Best Interest Of The Family Standard In Pet Custody Disputes, L. Morgan Eason

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.

Lessons Learned: The Pea Ridge School District's Discrimination Against Students With Hiv/Aids Has Rekindled Difficult Issues, Nicole Oelrich Tupman, Barbara C. Gartin, Nikki L. Murdick

South Dakota Law Review

No abstract provided.

Be Neurotic And Evolve Into Your Special Calling, Roger M. Baron

South Dakota Law Review

No abstract provided.

University And Law School Personnel, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Masthead, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Title Page, South Dakota Law Review

South Dakota Law Review

No abstract provided.

South Dakota's Public Trust Doctrine: Conserving Natural Resources In The Twenty-First Century, John H. Davidson

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.

Juridogenic Harm And Adverse Childhood Experiences, Autumn R. Ascano, Joseph A. Meader

South Dakota Law Review

No abstract provided.

University And Law School Personnel, South Dakota Law Review

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.

Native Youth & Juvenile Injustice In South Dakota, Addie C. Rolnick

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.

Understanding Leadership Practice Utilizing A Naturalistic Decision-Making Model Among Health Care Leaders, Andrea Ilene Hart

UNF Graduate Theses and Dissertations

This study analyzes the leadership practice of two experienced female leaders from the health care sector to understand their decision-making processes as it relates to their personal theorizing. Ineffective and unethical leadership in American business is a reality in today’s society. Organizations are in need of leaders who approach leadership from a paradigm which supports effective leadership practice. It is my assertion regarding this study that effective leadership may be connected to a leader’s values which impact their leadership practice and decision-making.

This study relies on a conceptual and theoretical framework based in Cornett’s (1990) Naturalistic Decision Making Model. It …

A Theory Of Structured Experience, Gary D. Ellis, Patti A. Freeman, Tazim Jamal, Jingxian Jiang

Faculty Publications

We extend Duerden, Ward, and Freeman’s [2015. “Conceptualizing Structured Experiences.” Journal of Leisure Research 47 (5): 601– 620] ‘structured experience’ framework by proposing a formal theory of structured experiences. The theory advances propositions about how leisure service providers may structure environments and interactions to facilitate specific subjective experiences for guests and participants. Following the Duerden, Ward, and Freeman (2015) paper, the theory of structured experience is an integration of literature from leisure studies, tourism, and marketing. Formal definitions are provided for four co-created subjective experiences: immersion, absorption, engagement, and deep structured experience. Propositions about specific strategies providers can use to …

Paper/Pencil Versus Online Data Collection: An Exploratory Study, Peter Ward, Taralyn Clark, Ramon Zabriskie, Trevor Morris

Faculty Publications

Usage of online data-collection methods are increasing in leisure research. Some potential benefits to using online methods over traditional paper/pencil techniques include financial savings and easier access to large populations. Disadvantages, however, include difficulty in sample selection and variations of the instruments’ reliability. This study explores how subject responses potentially differ when collecting data online versus paper/pencil for six instruments commonly used within leisure research. A repeated measure design with paired sample t-tests and HLM was used with 207 college students to compare these methods of data collection. Responses differed between methods on three of the tested instruments. A general …

L'Intégration D'Antoine Au Poste D'Opérateur De Camion À Benne Surdimensionné, Élise Ledoux, Sylvie Beaugrand

Guides

No abstract provided.

Anthony's Integration Into The Job Of Oversized Dump Truck Operator, Élise Ledoux, Sylvie Beaugrand

Guides

No abstract provided.