Digital Commons Network^™

Sanctuaries As Equitable Delegation In An Era Of Mass Immigration Enforcement, Jason A. Cade

Scholarly Works

Opponents of—and sometimes advocates for—sanctuary policies describe them as obstructions to the operation of federal immigration law. This premise is flawed. On the better view, the sanctuary movement comports with, rather than fights against, dominant new themes in federal immigration law. A key theme—emerging both in judicial doctrine and on-the-ground practice—focuses on maintaining legitimacy by fostering adherence to equitable norms in enforcement decision-making processes. Against this backdrop, the sanctuary efforts of cities, churches, and campuses are best seen as measures necessary to inject normative (and sometimes legal) accuracy into real-world immigration enforcement decision-making. Sanctuaries can erect front-line equitable screens, promote …

Water-Energy-Food Nexus Stakeholder Information Sharing And Engagement Workshop, Rudolph A. Rosen, Bassel Daher, Rabi Mohtar

Water Resources Science and Technology Book and E-Book Publications and Reports (Archived)

On January 10, 2018, the Texas A&M University System Water-Energy-Food Initiative held the Water-Energy-Food Nexus Stakeholder Information Sharing and Engagement Workshop on the campus of Texas A&M University-San Antonio. The workshop involved over 70 stakeholders drawn from the water, energy, and food sectors in San Antonio and surrounding region. Stakeholders attending the workshop heard presentations on the status of San Antonio Case Study pilot projects and other WEF nexus work. Facilitated small-group sessions were held at the workshop to obtain stakeholder input on research questions to be asked, and on limitations and opportunities for stakeholder engagement on WEF nexus-related work …

Evidence-Informed Criminal Justice, Brandon L. Garrett

Faculty Scholarship

The American criminal justice system is at a turning point. For decades, as the rate of incarceration exploded, observers of the American criminal justice system criticized the enormous discretion wielded by key actors, particularly police and prosecutors, and the lack of empirical evidence that has informed that discretion. Since the 1967 President’s Commission on Law Enforcement and Administration of Justice report, The Challenge of Crime in a Free Society, there has been broad awareness that the criminal system lacks empirically informed approaches. That report unsuccessfully called for a national research strategy, with an independent national criminal justice research institute, along …

Michigan Juvenile Waiver Law: Time For Repeal?, Debra Barnum

SPNHA Review

The sharp increase in violent juvenile crimes from 1988 to 1994 compelled Michigan and almost every other state in the United States to create harsher laws to make it easier to transfer violent juvenile offenders to the adult criminal court. Michigan’s resolution arrived with the passing of Michigan Compiled Law (MCL) 712A.2d, via Public Act 288 of 1996, which abolished the age limit for juveniles to be waived to criminal court for felony crimes. Since MCL 712A.2d was passed, violent juvenile crimes and the number of juveniles transferred to criminal court have markedly decreased. However, does MCL 712A.2d deter juveniles …

Local Government And Affordable Housing Tools, Elizabeth Knape

SPNHA Review

The issue of affordable housing is a complex and multi-faceted one. It often runs counter to the market principles, and is viewed with the same scrutiny and judgment as welfare programs at large. Affordable housing programs are funded primarily at the federal level, administered at the state level, and finally implemented through local communities. Given this relationship, it may seem that local communities have very little say in the way that affordable housing develops. This paper explores how empowering localities to tackle this issue through planning initiatives can have a significant impact on quality of life for low-income individuals. In …

The Republican Party, Conservatives, And The Future Of Capital Punishment, Ben Jones

Journal of Criminal Law and Criminology

The United States has experienced a significant decline in the death penalty during the first part of the twenty-first century, as death sentences, executions, public support, and states with capital punishment all have declined. Many recent reforms banning or placing a moratorium on executions have occurred in blue states, in line with the notion that ending the death penalty is a progressive cause. Challenging this narrative, however, is the emergence of Republican lawmakers as champions of death penalty repeal legislation in red states. This Article puts these efforts by Republican lawmakers into historical context and explains the conservative case against …

The Downstream Effects Of Bail And Pretrial Detention On Racial Disparities In Incarceration, Ellen A. Donnelly, John M. Macdonald

Journal of Criminal Law and Criminology

Bail and pretrial detention decisions may have important consequences for racial disparities in incarceration rates. Poor minority defendants who are unable to post bail and get released from jail before trial may be more likely to plead guilty and accept longer sentences of incarceration. Racial disparities in incarceration sentences may then reflect a combination of differences in the seriousness of a defendant’s case, criminal history, and economic resources to pay bail. This study examines the extent to which bail decision-making and pretrial detention explain Black-White disparities in criminal adjudications and sentences in the Delaware courts from 2012 to 2014. Over …

Virtual Shackles: Electronic Surveillance And The Adultification Of Juvenile Courts, Chaz Arnett

Journal of Criminal Law and Criminology

In recent years, there has been a groundswell of attention directed at problems within the American criminal justice system, led in part by Michelle Alexander’s groundbreaking book, The New Jim Crow, and most recently through the efforts of the Black Lives Matter movement. This increased focus on the harms of over-incarceration and net-widening, has had the benefit of introducing to the public other practices utilized in the criminal justice system, such as the widespread use of ankle monitors to track the location of defendants and released offenders. Yet, despite this greater attention, legal scholarship has only recently begun to grapple …

Not Yet Gone, And Not Yet Forgotten: The Reasonableness Of Continued Mandatory Detention Of Noncitizens Without A Bond Hearing, Miriam Peguero Medrano

Journal of Criminal Law and Criminology

Section 1226(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) authorizes the mandatory detention, without the possibility of bond, of noncitizens convicted of certain qualifying offenses for the duration of their removal proceedings. Congress enacted the mandatory detention statute because it was concerned that noncitizens who are convicted of crimes will further engage in criminal activity and fail to appear for their removal hearings. To ensure noncitizens are not deprived of their constitutional right to due process, federal courts have construed § 1226(c) to contain an implicit time limitation against unreasonably prolonged detention. These courts have adopted either …

Reduced Culpability Without Reduced Punishment: A Case For Why Lead Poisoning Should Be Considered A Mitigating Factor In Criminal Sentencing, Eleanor Kittilstad

Journal of Criminal Law and Criminology

The water crisis in Flint, Michigan, where residents discovered dangerous levels of lead in their water supply in 2015, has continued to unfold over the past three years and has brought the damaging effects of lead exposure to national attention. When developing children are exposed to even low levels of lead, they are at risk of developing cognitive impairments—disorders that cause aggressive behavior and diminished intellectual functioning. This Comment seeks to bring criminal law into the conversation about lead exposure and its damaging effects. Researchers have found that children exposed to lead have a higher risk of engaging in criminal …

The Development Of Emergency Planning For People With Disabilities Through Ada Litigation, 51 J. Marshall L. Rev. 819 (2018), Barry Taylor

UIC Law Review

No abstract provided.

The Resurgence Of American Nativism In The Early-Twentieth Century And Its Effects On Industrial Hemp Production In The United States, Roman King

Master's Theses or Doctor of Nursing Practice

Congress passed the Marihuana Tax Act on August 2, 1937, which officially made it illegal to handle any form of Cannabis sativa L. without adhering to mandatory taxes and registration forms. The American cultivation of industrial hemp (fibrous, non-psychoactive C. sativa L.), became non-existent by 1958 due to the strict penalties associated with the 1937 Tax Act. Industrial hemp served as a staple of American life from the arrival of the first English colonists in North America up until the textile conquest of King Cotton in the early-nineteenth century. Despite the rise of cotton and the importation of cheap foreign …

Jail As Injunction, Russell M. Gold

Articles

No abstract provided.

Augmenting Incident Command System For Improved Emergency Response, Meenakshi Nagarajan

Browse all Theses and Dissertations

Incident Command System provides a framework for commanders to manage an incident. However, maintaining good situation awareness in an emergency situation is often challenging to the Incident Commander. Stress may result in task fixation which may cause the commander to miss critical information and can eventually lead to poor decisions. The proposed augmented decision support system, with an integrated knowledge base, enhances the commander's decision making and situation awareness by presenting the information that may have been missed. The system has been evaluated to investigate its utility in chemical hazard scenarios. The system was used by experienced Incident Commanders to …

Campus Discourse And Democracy: Free Speech Principles Provide Sound Guidance Even After The Tumult Of 2017, Catherine J. Ross

GW Law Faculty Publications & Other Works

This Article argues that First Amendment doctrine provides a nuanced and adequate framework for responding to contemporary challenges involving the intersection of free speech, protests, outside agitators, and the risk of violence on college campuses. The Article places contemporary events and concerns in the context of classic free speech doctrine--which binds all public colleges and universities and which many privately-run colleges voluntarily commit to respecting. It also analyzes the import of the unique mission of universities as set out in three seminal university reports on freedom of expression that emphasize intellectual freedom, “full freedom of dissent,” and the imperative of …

Missouri Shows The True Meaning Of The “Show-Me” State – Missouri’S Unfounded Hesitation To Enact A Prescription Drug Monitoring Program, Emma Masse

Missouri Law Review

No abstract provided.

Human–Black Bear Conflicts: A Review Of Common Management Practices, Carl W. Lackey, Stewart W. Breck, Brian F. Wakeling, H. Bryant White

Human–Wildlife Interactions Monographs

The objective of this monograph is to provide wildlife professionals, who respond to human–bear conflicts, with an appraisal of the most common techniques used for mitigating conflicts as well as the benefits and challenges of each technique in a single document. Most human–black bear conflict occurs when people make anthropogenic foods like garbage, dog food, domestic poultry, or fruit trees available to bears. Bears change their behavior to take advantage of these resources and may damage property or cause public safety concerns in the process. Managers and the public need to understand the available tools to stop human–bear conflict and …

Personality And Mental Health Support Effects On Occupational Trauma And Posttraumatic Growth In Police Officers, Jennifer Leigh Wills

Graduate Student Theses, Dissertations, & Professional Papers

Purpose: The purpose of this study is to investigate relationships between occupational trauma exposure, work environment stress, personality traits, posttraumatic stress, and posttraumatic growth in police officers.

Scope of the study: A cross sectional mixed method research study design with longitudinal component was utilized. The sample consisted of 109 police officers in approximately 13 police agencies from multiple communities ranging from small rural departments to major city and statewide agencies.

Instruments used: The California Psychological Inventory 434 (CPI-434); the Police Stress Questionnaire-Operational; the Police Stress Questionnaire-Organizational; the Critical Incident History Questionnaire; the Posttraumatic Checklist for the DSM-5; the Centrality of …

Broad-Banned: The Fcc's Preemption Of State Limits On Municipal Broadband And The Clear Statement Rule, John T. Cobb

Emory Law Journal

In 2015, the FCC preempted statutes in North Carolina and Tennessee that limited the powers of municipally owned internet service providers to expand their networks to nearby underserved communities. The FCC determined, pursuant to Section 706 of the Telecommunications Act of 1996, that these state limits on municipal broadband networks were anticompetitive barriers to infrastructure investment. The States appealed the FCC order, arguing that the FCC did not have the authority to interpose itself between the States and their political subdivisions. Relying on the Supreme Court¿s earlier decision in Nixon v. Missouri Municipal League, the Sixth Circuit agreed with the …

Expatriation Restored, Jonathan David Shaub

Law Faculty Scholarly Articles

Expatriation - the loss or relinquishment of citizenship - has a long and divisive history as a fundamental concept of American citizenship. It has been the subject of contentious and robust debate from the very beginning of the country. This Article posits that the concept of expatriation today has little jurisprudential salience, despite its increasing rhetorical valence in the context of terrorism, because the historical development of the concept has obscured its meaning. Expatriation originally had a precise meaning: an individual right declared by the country in 1868 to be "indispensable" to the inalienable rights identified in the Declaration of …

The Sharpest Tool In The Toolbox: Visual Legal Rhetoric, Michael D. Murray

Law Faculty Scholarly Articles

Visual briefs and other forms of visual rhetoric in legal communication may eventually become the norm in legal practice because of the enormous communicative and rhetorical power of visual media. I have discussed the uses of visual legal rhetoric and the ensuing ethical and professional considerations elsewhere. Here, I will focus on providing instruction to law students and lawyers regarding proper and effective usage of visual legal rhetoric.

Undergraduate Catalog, 2018-2019, University Of South Florida St. Petersburg.

Undergraduate Catalogs

No abstract provided.

Explaining Variance In Crime Rates Among Florida Counties, Philip M. Dispirito

Honors Undergraduate Theses

What explains the variance in crime rates among Florida counties? Bivariate regression found that clearance rate had a statistically significant negative relationship with crime rate, and that the following variables had a statistically significant positive association with crime rate: law enforcement funding, population density, Hispanic population percent, the percent of males in the 18-39 range, and the percent of immigrants. It seems probable that law enforcement funding is actually dependent on crime rate rather than causing increases in crime rate: counties with higher crime rates likely spend more money on law enforcement to combat crime. To deal with significant multicollinearity, …

Whose Sustainability? An Analysis Of A Community Farming Program's Food Justice And Environmental Sustainability Agenda, Sarah Davenport

Honors Undergraduate Theses

As the 1960s Environmental movement has grown, sustainability and justice discourses have come to the fore of the movement. While environmental justice discourse considers the unequal effects of environmental burdens, the language that frames "sustainability" is often socially and politically neutral. This thesis critically examines sustainability initiatives and practices of an urban farming organization in Florida. Based on ethnographic fieldwork in 2017, I explore the extent to which these initiatives incorporate race, ethnicity, and socioeconomic class when working to provide sustainably grown food in diverse communities. I argue that the organization's focus on justice for the environment, rather than for …

The Broken Medicare Appeals System: Failed Regulatory Solutions And The Promise Of Federal Litigation, Greer Donley

Health Matrix: The Journal of Law-Medicine

The Medicare Appeals System is broken. For years, the System has been unable to accommodate a growing number of appeals. The result is a backlog so large that even if no new appeals were filed, it would take the System a decade or more to empty. Healthcare providers wait many years for their appeals to be heard before an Administrative Law Judge (ALJ), and because the government recoups providers' Medicare payments while they wait, the delays cause them serious financial harm. Even worse, providers are more likely than not to prevail before the ALJ, proving that the payment should never …

Technological Incarceration And The End Of The Prison Crisis, Mirko Bagaric, Dan Hunter, Gabrielle Wolf

Journal of Criminal Law and Criminology

The United States imprisons more of its people than any nation on Earth, and by a considerable margin. Criminals attract little empathy and have no political capital. Consequently, it is not surprising that, over the past forty years, there have been no concerted or unified efforts to stem the rapid increase in incarceration levels in the United States. Nevertheless, there has recently been a growing realization that even the world’s biggest economy cannot readily sustain the $80 billion annual cost of imprisoning more than two million of its citizens. No principled, wide-ranging solution has yet been advanced, however. To resolve …

Employment Discrimination On The Basis Of Criminal History: Why An Anti-Discrimination Statute Is A Necessary Remedy, Elizabeth Westrope

Journal of Criminal Law and Criminology

The harms of mass incarceration do not end when an individual is released from prison. Instead, criminal records haunt approximately 70 million people throughout the United States today. Criminal histories follow persons convicted of crimes for the rest of their lives, creating collateral consequences that make it difficult for these individuals to get back on their feet and re-integrate into society. Gaining employment is one of the most crucial steps for returning citizens to take in order to regain stability in their lives. Yet, it remains one of the biggest obstacles. Employers are often wary of hiring persons with criminal …

Assessing Dangerousness Amidst Racial Stereotypes: An Analysis Of The Role Of Racial Bias In Bond Decisions And Ideas For Reform, Lydette S. Assefa

Journal of Criminal Law and Criminology

The problems of mass incarceration in the United States and its burdens on the economic and social well-being of local communities, counties, and states have received increased attention and have spurred conversations on prison and jail reform. More recently, reform efforts have appropriately focused on the bond system and the role of pretrial detention in fueling jail and prison overcrowding. The bond process presents a unique opportunity for reform because defendants at this stage are presumed innocent and, as the Supreme Court has affirmed, these defendants possess fundamental rights to liberty and a presumption towards pretrial release. Yet jurisdictions, such …

Principles Of Pretrial Release: Reforming Bail Without Repeating Its Harms, Brook Hopkins, Chiraag Bains, Colin Doyle

Journal of Criminal Law and Criminology

Bail reform is happening. Across the country, jurisdictions are beginning to recognize that contemporary pretrial systems rooted in money bail are discriminatory, ineffective, and (by and large) unconstitutional. A common and substantial component of contemporary reforms is an increased reliance on conditional release as an alternative to pretrial incarceration. In many ways, conditional release represents an improvement over money bail, but the practice of conditional release has its own pitfalls.

This Article identifies unforeseen and unplanned harms that can result from a system of conditional release and proposes five principles that jurisdictions can follow to eliminate or mitigate these harms. …

Toward A Just Model Of Pretrial Release: A History Of Bail Reform And A Prescription For What's Next, Alexa Van Brunt, Locke E. Bowman

Journal of Criminal Law and Criminology

The criminal justice system is in the midst of the “third wave” of bail reform in the United States. The current movement aims to end the ingrained practices of wealth-based discrimination in pretrial administration. The authors—civil rights attorneys who have litigated the issue of cash bond in Cook County, Illinois—have been on the front lines of this policy shift. From this vantage, we conduct a historical analysis of modern-day bail reform efforts in the “first” and “second” waves of bail reform, and examine the impact of these reforms on incarceration rates and racial disparities in the justice system. We explain …