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2018

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Algorithmic Risk Assessments And The Double-Edged Sword Of Youth, Christopher Slobogin, Megan T. Stevenson Jan 2018

Algorithmic Risk Assessments And The Double-Edged Sword Of Youth, Christopher Slobogin, Megan T. Stevenson

Vanderbilt Law School Faculty Publications

Risk assessment algorithms—statistical formulas that predict the likelihood a person will commit crime in the future—are used across the country to help make life-altering decisions in the criminal process, including setting bail, determining sentences, selecting probation conditions, and deciding parole. Yet many of these instruments are “black-box” tools. The algorithms they use are secret, both to the sentencing authorities who rely on them and to the offender whose life is affected. The opaque nature of these tools raises numerous legal and ethical concerns. In this paper we argue that risk assessment algorithms obfuscate how certain factors, usually considered mitigating by …


Loaning Books By The Semester: A Case Study At A Community College Library, Jennifer Noe Jan 2018

Loaning Books By The Semester: A Case Study At A Community College Library, Jennifer Noe

Publications and Research

During the spring and fall semesters of 2016 and the spring semester of 2017, Kingsborough Community College, part of the City University of New York, launched an initiative to loan over 5,000 books for the entire semester to students in its Learning Communities and other special programs. This paper is a case study that describes the challenges of implementing the Textbook Learning Initiative by the Access Services department of the college's Robert J. Kibbee Library and its ongoing work as all of these specially purchased titles are now in the general collection for all students on a first come, first …


The Place Of The Sharing Economy, Nestor M. Davidson, John Infranca Jan 2018

The Place Of The Sharing Economy, Nestor M. Davidson, John Infranca

Suffolk University Law School Faculty Works

The sharing economy is grounded — situated in place — in ways that many other recent technological transformations have not been. And, as we have argued in prior work, the sharing economy is a particularly urban phenomenon. Appreciating the place of the sharing economy sheds light not only on the nature of this phenomenon, but also on the regulatory landscape it has engendered.

This chapter, which will appear in the forthcoming Cambridge Handbook on the Law of the Sharing Economy, examines how the political economy of regulation and innovation in this sector has grown more complex as some sharing …


Good Person, Good Prosecutor In 2018, Abbe Smith Jan 2018

Good Person, Good Prosecutor In 2018, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Nearly twenty years ago, I wrote an essay on the ethics of prosecution in a time of mass incarceration called “Can You Be a Good Person and a Good Prosecutor?” I am both pleased and perplexed that the essay, which caused some controversy at the time, continues to strike a chord—at least with the organizers of this online conversation. I appreciate the invitation to weigh in on whether you can be a good person and a good prosecutor in 2018.


Sanctuary Networks And Integrative Enforcement, Ming Hsu Chen Jan 2018

Sanctuary Networks And Integrative Enforcement, Ming Hsu Chen

Publications

My intended focus is on the widespread response--in cities, churches, campuses, and corporations that together comprise "sanctuary networks"--to the Trump Administration's Executive Order 13768 Enhancing Public Safety in the Interior of the United States as an instance of the changing relationship between federal, local, and private organizations in the regulation of immigration. After briefly covering the legal background of the Trump Interior E.O., the focus of the Article shifts to the institutional dynamics arising in communities. These institutional dynamics exemplify the beginnings of a reimagined immigration enforcement policy with a more integrative flavor.


Vacant Housing Study: An Examination Of Vacant And At-Risk Housing In The Middle Peninsula, Todd Scheid, Kean Devine, Eric Mccoy Jan 2018

Vacant Housing Study: An Examination Of Vacant And At-Risk Housing In The Middle Peninsula, Todd Scheid, Kean Devine, Eric Mccoy

Virginia Coastal Policy Center

In collaboration with Virginia Coastal Policy Center- William & Mary Law School, this report addresses the issue of vacant housing in the Middle Peninsula region with possible solutions. This report contains the results of a survey conducted by the Middle Peninsula Planning District Commission (MPPDC) and demographic data of the region to more clearly express the issues that the Middle Peninsula faces in relation to vacant and at-risk housing.


Thomas Hobbes On Inequality, Poverty And Sedition : A Seventeenth-Century Blueprint For The Welfare State, Richard Rivard Jan 2018

Thomas Hobbes On Inequality, Poverty And Sedition : A Seventeenth-Century Blueprint For The Welfare State, Richard Rivard

Graduate Research Theses & Dissertations

Thomas Hobbes is often portrayed as a proponent of an absolutist government ruled only through fear of punishment. This portrayal overlooks the concern Hobbes had for the safety and security of the citizens of the commonwealth. Inequality and poverty were major concerns for Hobbes as they serve as pathways to sedition and the dissolution of the commonwealth. This essay emphasizes Hobbes's concerns with respect to inequality and poverty. Hobbes's laws of nature provide a blueprint for a welfare state that addresses these issues. The sovereign is obliged to follow the laws of nature and therefore the blueprint for the welfare …


How We Gatekeep Online : A Grounded Theory Study, Stephannee R. Standefer Jan 2018

How We Gatekeep Online : A Grounded Theory Study, Stephannee R. Standefer

Graduate Research Theses & Dissertations

Counselor educators and supervisors (CES), as gatekeepers for the counseling profession, have an ethical responsibility to prepare students to be competent to counsel through training, evaluation and supervision. In addition, CES have an ethical obligation to protect the public and the integrity of the profession by remediating or dismissing students who do not meet professional standards of competency. Concurrently, online counselor education programs are increasingly popular due to their accessibility and convenience. Despite the importance of effective gatekeeping methods and practices in online counselor education programs, no research exists regarding effective gatekeeping methods and practices in a CACREP-accredited online counselor …


Aecn 376-Rural Community Economics: Engaging Students In Learning, Daniela M. Mattos Jan 2018

Aecn 376-Rural Community Economics: Engaging Students In Learning, Daniela M. Mattos

UNL Faculty Course Portfolios

AECN376-Rural Community Economics attracts students with different economics background and interests. In the three previous years I taught this course I was struggling to find a balance in class activities to make the course more engaging and effective to all students. The usual method of delivery is lecture along with PowerPoint slides. While this is the dominant form of pedagogy, particularly in higher education (Harvard Magazine 2015, Time Magazine 2012), an increasing amount of research indicates that the somewhat passive learning environment of the lecture does not reach all students with the same efficiency. In creating this portfolio, my goals …


Tribal Cannabis: Solution To Oklahoma Public Education Underfunding, Kaimbri White Jan 2018

Tribal Cannabis: Solution To Oklahoma Public Education Underfunding, Kaimbri White

American Indian Law Review

No abstract provided.


Prescriptions At A Price: America's Opioid Crisis And The Increasing Toll On Drug Record Privacy, Reem Blaik Jan 2018

Prescriptions At A Price: America's Opioid Crisis And The Increasing Toll On Drug Record Privacy, Reem Blaik

Vanderbilt Journal of Entertainment & Technology Law

How should the US Constitution govern patient privacy in the face of a public health emergency? Declaring the United States' opioid crisis as a public health emergency may put the already-compromised integrity of drug record privacy at higher risk by virtue of emerging administrative responses, existing Supreme Court precedent, and acquiescent state laws. The White House convened a summit on opioids where the then-US attorney general discussed law enforcement responses to the crisis. Although the Fourth Amendment protects against unreasonable searches and seizures, the Supreme Court's third-party doctrine generally grants state and federal actors access to records released to third …


In Case Of Emergency: Local Medical Services And Emergency Air Transportation In Southeast Alaska, Kourtney B. Johnson Jan 2018

In Case Of Emergency: Local Medical Services And Emergency Air Transportation In Southeast Alaska, Kourtney B. Johnson

Graduate Student Theses, Dissertations, & Professional Papers

Alaska, often referred to as “The Last Frontier”, is a vast, geographically diverse and sparsely settled landscape. Although many popular reality shows tend to exaggerate and dramatize life in Alaska, they do point to an important fact: when an emergency occurs, or someone experiences serious health complications, immediate access to sufficient medical services may not be available. Much of the state’s population faces barriers to accessing needed medical care due to large distances between communities and limited road networks due to coastal locations or challenging terrain.

Using Penchansky and Thomas’s five components of Access Theory (1981), this thesis explores factors …


Social Media Marketing Strategies In Landscape Industry Small Businesses, Crystal Victoria Lupo Jan 2018

Social Media Marketing Strategies In Landscape Industry Small Businesses, Crystal Victoria Lupo

Walden Dissertations and Doctoral Studies

Almost 50% of small businesses close within 5 years in part because of inadequate marketing strategies. The purpose of this multiple case study was to explore how landscape industry small business owners have successfully used social media marketing to help ensure business viability. The population for this study was landscape industry small business owners in central Alabama, who have been successful in using social media marketing. The conceptual framework for the study included adoption theory to understand the successful implementation of social media as a marketing tool, and social exchange theory to explain how social behavior results from the exchange …


Tracing The Evolution Of The Tarasoff Duty In California, Benjamin A. Swerdlow Jan 2018

Tracing The Evolution Of The Tarasoff Duty In California, Benjamin A. Swerdlow

The Journal of Sociology & Social Welfare

Since the first Tarasoff decision in 1974, the question of mental health professionals’ “duty to protect” third-parties has been a topic of vigorous debate. The ensuing forty-three years witnessed considerable shifts in the statutory and legal landscape in the United States, including several significant changes in California state law over the past decade alone. In this historical review, I trace the evolution of the Tarasoff duty with a specific focus on the state in which that duty originated, California, with the intention of elucidating the major policy, ethical, and practical questions that have followed in the wake of the Tarasoff …


Increased Immigration Enforcement And Perceived Discrimination Among Latino Immigrants, David Becerra, Jason Castillo, Maria Rosario Silva Arciniega, Michela Bou Ghosn Naddy, Van Nguyen Jan 2018

Increased Immigration Enforcement And Perceived Discrimination Among Latino Immigrants, David Becerra, Jason Castillo, Maria Rosario Silva Arciniega, Michela Bou Ghosn Naddy, Van Nguyen

The Journal of Sociology & Social Welfare

The purpose of this paper was to examine the impact of perceived discrimination among Latino immigrants in the context of recent immigration policies and immigration enforcement strategies. Data for this study were drawn from a pilot study (n=213) of adult Latino immigrants living in Arizona during the summer of 2014. The results of multivariate OLS linear regressions indicated greater perceived discrimination was significantly related to reporting: (1) avoidance of immigration officials; (2) family has suffered; and (3) friends have suffered. In addition, greater perceived discrimination was significantly related to lower confidence in a better future for the individual, their families, …


Problems And Politics: A Multiple Streams Analysis Of The Excellence In Mental Health Act Of 2014, Megan Leopold Jan 2018

Problems And Politics: A Multiple Streams Analysis Of The Excellence In Mental Health Act Of 2014, Megan Leopold

The Journal of Sociology & Social Welfare

Inadequate funding of community mental health has led to a variety of problems, including a shortage of available providers and services. After decades of being ignored, Congress acknowledged these difficulties in 2014 with the passage of the Excellence in Mental Health Act. The Excellence in Mental Health Act, one of the first to target community mental health in decades, created national standards of care and more adequate reimbursement rates for centers able to meet these new standards. The Multiple Streams framework is used to study the success of the Excellence in Mental Health Act in becoming law, examining how policy …


Incarceration Of Nonviolent Offenders At The High Court In Oyo State, Nigeria, Olugbenga Rotimi Akanji Jan 2018

Incarceration Of Nonviolent Offenders At The High Court In Oyo State, Nigeria, Olugbenga Rotimi Akanji

Walden Dissertations and Doctoral Studies

The nonuse of community correction in the Nigeria criminal justice system has led to increased recidivism, contributed to prison congestion, introduced the risk of prison victimization, and lacked the provision of a rehabilitative structure for nonviolent offenders. The purpose of this phenomenological research study was to explore Nigerian judges' use of alternatives to incarcerations for nonviolent offenders. Dolinko retributive punishment theory provided the theoretical framework for this study. Ten participant judges comprised the study sample from a purposeful and criterion random sampling method. Data were collected from participants through structured interviews and were coded manually, sorted, and analyzed using the …


Cabining Judicial Discretion Over Forensic Evidence With A New Special Relevance Rule, Emma F.E. Shoucair Jan 2018

Cabining Judicial Discretion Over Forensic Evidence With A New Special Relevance Rule, Emma F.E. Shoucair

Michigan Law Review

Modern forensic evidence suffers from a number of flaws, including insufficient scientific grounding, exaggerated testimony, lack of uniform best practices, and an inefficacious standard for admission that regularly allows judges to admit scientifically unsound evidence. This Note discusses these problems, lays out the current landscape of forensic science reform, and suggests the addition of a new special relevance rule to the Federal Rules of Evidence (and similar rules in state evidence codes). This proposed rule would cabin judicial discretion to admit non-DNA forensic evidence by barring prosecutorial introduction of such evidence in criminal trials absent a competing defense expert or …


Variation Of Tool Mark Characteristics In Frozen Bone As It Relates To Dismemberment, Elena Hughes Jan 2018

Variation Of Tool Mark Characteristics In Frozen Bone As It Relates To Dismemberment, Elena Hughes

Graduate Student Theses, Dissertations, & Professional Papers

The act of dismembering a body leaves identifiable marks on the bone. These marks, whether they be from knives, saws, axes, or any other tool, can help provide law enforcement with information about the type of tool they should be looking for. While there has been considerable research done on the marks left by different types of weapons, a factor that has not been examined is the differences in tool marks based on the condition of the body at the time of dismemberment. This study will initiate this new avenue of research by analyzing the differences seen in tool mark …


Zoning And Complementary Incentives To Protect Farmland: A Case For Missoula County, Kaitlin Mccafferty Jan 2018

Zoning And Complementary Incentives To Protect Farmland: A Case For Missoula County, Kaitlin Mccafferty

Graduate Student Theses, Dissertations, & Professional Papers

Urban sprawl reflects an inefficient use of land that diminishes both rural landscapes and quality of life turning farms, ranches and open space into siloed suburban communities. This results in less walkable cities with more traffic and air pollution, among other negative consequences. Farmland constitutes a particularly important resource that often faces degradation or loss due to sprawl. Higher quality agricultural soils are particularly desirable for development because they are flat and well-drained. Farmland is also important for urban communities concerning food security, environmental health, and economic well being. As American cities continue to grow, farmland around urban areas has …


The Fourth Year Of Forgetting: The Troubling Expansion Of The Right To Be Forgotten, Dawn C. Nunziato Jan 2018

The Fourth Year Of Forgetting: The Troubling Expansion Of The Right To Be Forgotten, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

In its famous "right to be forgotten" decision, the Court of Justice of the European Union ruled in 2014 that search engine operators must, upon request from a data subject, remove links that result from searches for an individual’s name when those results are “inadequate, irrelevant or no longer relevant, or excessive in relation to the purposes… carried out by the operator of the search engine.” The initial implementation of the right to be forgotten was limited in several ways. First, it was limited in geographical scope to European domains of search engines. Google—the primary search engine affected by the …


Dangerous Delegation: Explaining The Rationales And Outcomes Of State Sponsorship Of Terrorism Through The Principal-Agent Framework, Jeremy M. Berkowitz Jan 2018

Dangerous Delegation: Explaining The Rationales And Outcomes Of State Sponsorship Of Terrorism Through The Principal-Agent Framework, Jeremy M. Berkowitz

Graduate Dissertations and Theses

State sponsorship of terrorism, where a government deliberately provides resources and material support to a terrorist organization, is common in the international system. By conceptualizing state sponsorship as a relationship between a principal and agent, I develop a consistent theoretical model that explains why states pursue this foreign policy strategy, as well as how they rationally attempt to minimize the inherent risks of delegating to violent non-state actors. I test my model by using a novel dataset on sponsorship behaviors that improves on the range, detail, and temporality of previously used measurements. My dissertation is organized into three distinct papers, …


The Holy Trinity: Religion, Identity, And International Law In Egypt, Henry Owen Stonnington Jan 2018

The Holy Trinity: Religion, Identity, And International Law In Egypt, Henry Owen Stonnington

Honors Theses

This thesis investigates the contradiction between Egypt's international legal obligations to protect religious freedom and its state practice. Chapter 1 gives a brief history of the relationship between religious freedom and state authority in the Roman, Islamic, and Holy Roman Empires and the early formations of international legal protections of freedom of religion in the wake of the Thirty Years War and then WWI centuries later. Chapter 2 looks at the formation and content of the current international standards of religious freedom, focusing on the 1948 Universal Declaration of Human Rights (UDHR) and the1966 International Covenant on Civil and Political …


Brutus, Cassius, Judas, And Cremutius Cordus: How Shifting Precedents Allowed The Lex Maiestatis To Group Writers With Traitors, Hunter R. Myers Jan 2018

Brutus, Cassius, Judas, And Cremutius Cordus: How Shifting Precedents Allowed The Lex Maiestatis To Group Writers With Traitors, Hunter R. Myers

Honors Theses

In either 103 or 100 B.C., a concept known as Maiestas minuta populi Romani (diminution of the majesty of the Roman people) is invented by Saturninus to accompany charges of perduellio (treason). Just over a century later, this same law is used by Tiberius to criminalize behavior and speech that he found disrespectful. This thesis offers an answer to the question as to how the maiestas law evolved during the late republic and early empire to present the threat that it did to Tiberius' political enemies. First, the application of Roman precedent in regards to judicial decisions will be examined, …


The Impact Of Mass And Active Shooting Incidents On Residential Real Estate Values, Claire Sherman Jan 2018

The Impact Of Mass And Active Shooting Incidents On Residential Real Estate Values, Claire Sherman

Honors Theses

Gun control as a response to gun violence is currently at the forefront of political debate in the United States. The foundation of this paper revolves around crime and real estate supported by background literature detailing external effects on real estate prices to set up the framework for the research on mass shootings and residential real estate values. The findings in this paper are based on 73 events involving mass shootings in the United States from 1996 to 2015. I find that the effect of mass shooting events plays a significant role in the decline in real estate values following …


The Intersection Between Substance Use, Incarceration, And Disability: An Exploration Of Intervention Efficacy For Persons With Disabilities Within The Criminal Justice System, Sarah A. Bjorling Jan 2018

The Intersection Between Substance Use, Incarceration, And Disability: An Exploration Of Intervention Efficacy For Persons With Disabilities Within The Criminal Justice System, Sarah A. Bjorling

Research Papers

No abstract provided.


Safety And Pharmacokinetics Of Mm-302, A Her2-Targeted Antibody–Liposomal Doxorubicin Conjugate, In Patients With Advanced Her2-Positive Breast Cancer: A Phase 1 Dose-Escalation Study, Pamela Munster, Ian E. Krop, Patricia Lorusso, Cynthia Ma, Barry A. Siegel, Anthony F. Shields, István Molnár, Thomas J. Wickham, Joseph Reynolds, Karen Campbell, Bart S. Hendriks, Bambang S. Adiwijaya, Elena Geretti, Victor Moyo, Kathy D. Miller Jan 2018

Safety And Pharmacokinetics Of Mm-302, A Her2-Targeted Antibody–Liposomal Doxorubicin Conjugate, In Patients With Advanced Her2-Positive Breast Cancer: A Phase 1 Dose-Escalation Study, Pamela Munster, Ian E. Krop, Patricia Lorusso, Cynthia Ma, Barry A. Siegel, Anthony F. Shields, István Molnár, Thomas J. Wickham, Joseph Reynolds, Karen Campbell, Bart S. Hendriks, Bambang S. Adiwijaya, Elena Geretti, Victor Moyo, Kathy D. Miller

Open Access Publications

No abstract provided.


Uas Pilots Code – Annotated Version 1.0, Michael S. Baum, Kristine Kiernan, Donald W. Steinman, Ryan J. Wallace Ed.D. Jan 2018

Uas Pilots Code – Annotated Version 1.0, Michael S. Baum, Kristine Kiernan, Donald W. Steinman, Ryan J. Wallace Ed.D.

Publications

The UAS PILOTS CODE (UASPC) offers recommendations to advance flight safety, ground safety, airmanship, and professionalism.6 It presents a vision of excellence for UAS pilots and operators, and includes general guidance for all types of UAS. The UASPC offers broad guidance—a set of values—to help a pilot interpret and apply standards and regulations, and to confront real world challenges to avoid incidents and accidents. It is designed to help UAS pilots develop standard operating procedures (SOPs), effective risk management,7 safety management systems (SMS), and to encourage UAS pilots to consider themselves aviators and participants in the broader aviation community.


If We Build It, They Might Come: Bridging The Implementation Gap Between Adr Services And Separating And Divorcing Families, Andrew Shepard, Marsha Kline Pruett, Rebecca Love Kourlis Jan 2018

If We Build It, They Might Come: Bridging The Implementation Gap Between Adr Services And Separating And Divorcing Families, Andrew Shepard, Marsha Kline Pruett, Rebecca Love Kourlis

Hofstra Law Faculty Scholarship

No abstract provided.


Photographs Of The Children’S March And Their Afterlives, Carmen González Fraile Jan 2018

Photographs Of The Children’S March And Their Afterlives, Carmen González Fraile

All ETDs from UAB

ABSTRACT This thesis examines the photographs taken during “The Children´s March” on May 3, 1963 in Birmingham, Alabama. These images of dog attacks and people being sprayed down by water hoses are considered some of the most representative images of the Civil Rights struggle. They were published in national newspapers and magazines and made visible the social injustice suffered by African Americans in Birmingham. Civil Rights photographs have engendered different readings and interpretations over time, and their presence in American history has been a constant from the 1960s up to the present. This thesis analyzes the roles Civil Rights photographs …