Digital Commons Network^™

An Examination Of State And Local Government Pension Underfunding –Implications And Guidance For Governance And Regulation, Craig L. Foltin

Business Faculty Publications

State and local government pension underfunding has become a major focus of public policy debate due in large part to recent Governmental Accounting Standards Board (GASB) actions that have brought national attention to the issue. The extent of these plans underfunding has been debated, along with the necessity for state government intervention and the level of regulatory actions that should be enacted by state legislatures. State and local public pension plans do not fall under the enumerated powers of the federal government in the Constitution and are therefore left to each individual state to regulate. The amount of plan underfunding …

The Northern Student, Vol. 126, October 2018, Bemidji State University

Northern Student Newspaper

No abstract provided.

Automatic Authorization Of Frisks In Terry Stops For Suspicion Of Firearms Possession, Royce De R. Barondes

Faculty Publications

The recognition in Heller of an individual right to bear arms has required courts to grapple with the interaction between exercise of this right in public and Terry stops. Core questions are (i) whether reasonable suspicion a person is armed is by itself sufficient to initiate a Terry stop and (ii), if so, whether such a stop inherently authorizes an accompanying frisk. The former issue is examined in a separate forthcoming article, Royce de R. Barondes, Conditioning Exercise of Firearms Rights on Unlimited Terry Stops, 54 Idaho L. Rev. 297.

This article focuses on the second issue. Most fundamentally, insofar …

Eroding Immigration Exceptionalism: Administrative Law In The Supreme Court's Immigration Jurisprudence, Kate Aschenbrenner

Faculty Scholarship

No abstract provided.

Contumacious Responses To Firearms Legislation (Leosa) Balancing Federalism Concerns, Royce De R. Barondes

Faculty Publications

The Law Enforcement Officers Safety Act (LEOSA) is one of the handful of federal statutes that preempt state firearms regulation. It allows covered individuals (certain current and retired qualified law enforcement personnel) to possess firearms notwithstanding assorted state restrictions-to protect themselves and to supplement local law enforcement efforts.

The act reflects a careful legislative balancing of federalism concerns. Although it relies on states and localities to issue the authorizing credentials, it does not mandate states create a licensing regime out of whole cloth. The act ultimately presents issues requiring a nuanced assessment of the doctrine proscribing federal commandeering of the …

Telemarketing, Technology, And The Regulation Of Private Speech: First Amendment Lessons From The Fcc’S Tcpa Rules, Justin (Gus) Hurwitz

Brooklyn Law Review

This article considers the viability of the Telephone Consumer Protection Act (TCPA) in light of recent Supreme Court First Amendment precedent and technological and regulatory developments. Robocalls—phone calls made using autodialers or prerecorded messages without the consent of the call recipient—have become one of the primary consumer protection issues facing regulators. With more than 2.4 billion of these calls placed each month, consumer concern about them dominate complaints received by both the Federal Communications Commission and Federal Trade Commission. Simultaneously, as cellphones have become a ubiquitous means by which individuals engage with one another and have become the public square, …

Prisoner-To-Public Communication, Demetria D. Frank

Brooklyn Law Review

The pervasive problem of over-incarceration in the United States is in part due to lack of correctional facility accountability to the public, and public lack of access to the prisoner experience. In light of the incessant persistence of over-incarceration and “hands off approach” taken by courts in prison administration, this article proposes an unqualified and unfettered prisoner-to-public communication right that would provide prison accountability to the public.

The Pharma Barons: Corporate Law's Dangerous New Race To The Bottom In The Pharmaceutical Industry, Eugene Mccarthy

Michigan Business & Entrepreneurial Law Review

In this Article, I argue that drug companies have created a highly profitable but dangerous business model by employing the same legal tactics as the nineteenth-century “robber barons,” the group of financiers who orchestrated corporate law’s infamous race to the bottom. Like these historical financiers, drug company executives have captured the legal apparatus and regulatory bodies that oversee them. In so doing, they have transformed the law from a system of governance into a set of enabling doctrines. The pharmaceutical industry has turned legislation intended to protect the public into a legal justification for marketing ineffective and unsafe prescription drugs. …

Usu Faculty Member Brian Crookston Receives Young Professional Of The Year Award | College Of Engineering, Usu College Of Engineering

College of Engineering News

Utah State University's Brian Crookston received the Young Professional of the Year Award from the Association of State Dam Safety Officials. Crookston is an assistant professor of civil and environmental engineering.

A "Reasonable" Expectation Of Sexual Privacy Inthe Digital Age, Moira Aikenhead

Dalhousie Law Journal

Two Criminal Code offences, voyeurism, and the publication of intimate images without consent, were enacted toprotect Canadians' right to sexual privacy in light of invasive digital technologies. Women and girls are overwhelmingly targeted as victims for both of these offences, given the higher value placed on their non-consensual, sexualised images in an unequal society.Both offences require an analysis ofwhether the complainant was in circumstances giving rise to a reasonable expectation of privacy, and the use of this standard is potentially problematic both from a feminist standpoint and in light of the rapidly evolving technological realities of the digital age. This …

State Of Arizona V. Guy James Goodman: On Petition For A Writ Of Certiorari To The Arizona Supreme Court, Allyson N. Ho, Paul Cassell, Bradley Hubbard, Cristina M. Squiers, Elizabeth A. Kiernan, Steven J. Twist

Utah Law Faculty Scholarship

Arizona’s pending certiorari petition in Arizona v. Goodman provides the Supreme Court with an opportunity to review the important issue of the circumstances under which the Constitution permits an accused sex offender to be denied bail pending trial. In 2002, Arizona voters amended their state constitution, rendering a defendant categorically ineligible for bail if “the proof is evident or the presumption great” that he committed sexual assault. In a narrowly divided opinion, the Arizona Supreme Court found that this measure unconstitutional. And yet the Court’s opinion makes clear that the Constitution does not prohibit denying bail to defendants who present …

Grand Valley Magazine, Vol. 18, No. 2, Fall 2018, Grand Valley State University

Grand Valley Magazine

Grand Valley Magazine is a quarterly publication about Grand Valley State University produced by University Communications since 2001.

F18rs 4th Legislative Week Minutes, Nicholas Stuart

Student Senate Meeting Minutes

No abstract provided.

Mass Murder: American Unexceptionalism, D.C. V. Heller, And “Reasonableness”, Clayton E. Cramer

Southern Illinois University Law Journal

Lower courts have used a variety of techniques to largely ignore District of Columbia v. Heller (2008) and McDonald v. Chicago (2010), primarily by defining various categories of gun ownership outside a narrow definition of the “core” of the right protected by the Second Amendment. Will this same approach be used by a future Supreme Court to effectively reverse Heller by declaring some weapons too effective for mass murder to be protected? Is mass murder exceptionally American? If so, can America’s relatively laissez-faire gun control laws be the cause? Could a narrow reading of the Second Amendment, post-District of …

Standards Of Review, The Second Amendment, And Doctrinal Chaos, David T. Hardy

Southern Illinois University Law Journal

In 2008, the Supreme Court recognized that the Second Amendment guaranteed an individual right to arms: in 2010, it classed that right as fundamental, for Fourteenth Amendment purposes. In the period since, the Court has (with one minor exception) rejected all petitions for certiorari. The result has been widespread and serious divisions among the lower courts. Where a plaintiff brings his or her action will determine whether one, two, or no standards of review apply. Within the Circuits that apply two standards, the choice of forum will determine where to draw the line between the stricter and less strict standard, …

Annual Security And Fire Safety Report, Lindenwood University

Security Reports

2018 Annual Security and Fire Safety Report

The Secrets We Keep…: Encryption And The Struggle For Software Vulnerability Disclosure Reform, Ian Williams

Michigan Technology Law Review

Vulnerabilities within pieces of software can expose otherwise secure data to outside parties. Such vulnerabilities are exploited not just by malicious actors looking to exploit secured data for criminal reasons, but also by law enforcement and intelligence agencies. Government agencies have cultivated vulnerabilities as investigative tools and cyber weapons, and at times keep the vulnerabilities they have discovered secret from both the companies that produced the software and the consumers who rely upon it. While the US Government has created a vulnerability disclosure system to help decide when to keep a vulnerability secret, it does not do enough to balance …

Easthampton Council On Aging Planning Study, Caitlin Coyle, Jan Mutchler, Ceara Somerville

Center for Social and Demographic Research on Aging Publications

This report describes collaborative efforts undertaken by the City of Easthampton Council on Aging (ECOA) and the Center for Social and Demographic Research on Aging (CSDRA), within the Gerontology Institute at the McCormack Graduate School, University of Massachusetts Boston. Beginning in Fall 2017, these organizations partnered to conduct a study to investigate the needs, interests, preferences, and opinions of the City’s residents age 55 and older. During this assessment, multiple approaches were utilized to compile information that could be used to plan and implement current and future services. We examined data from the U.S. Census Bureau and from projections generated …

Etsu Today - Fall 2018, University Marketing And Communication, East Tennessee State University

ETSU Today [magazine]

Since the founding of East Tennessee State University in 1911, the stories of our students, faculty, staff, and alumni have built upon each other to tell an even bigger story, of an institution focused on improving the quality of life for the people of the region. Today, nearly 95,000 ETSU alumni live and work in 50 states and 68 countries. Each of you represents a part of our story as a university—from the chapters you helped write as students conducting important service, research, and educational missions to the chapters yet to be written, with compelling stories of our alumni making …

A Constitutional Case For Extending The Due Process Clause To Asylum Seekers: Revisiting The Entry Fiction After Boumediene, Zainab A. Cheema

Fordham Law Review

In the last two decades, the U.S. Supreme Court has actively grappled with balancing the interests of immigrant detainees and the federal government in the context of prolonged immigration detention by reconciling the statutory framework with constitutional guarantees of due process. The Court has focused on how prolonged detention without an opportunity for an individualized custody determination poses a serious constitutional threat to an alien’s liberty interest. The Court’s jurisprudence has focused, however, on aliens who have effected an entry into the United States. The constitutional entitlements of nonresidents who are detained upon presenting themselves at the border have so …

Open The Jail Cell Doors, Hal: A Guarded Embrace Of Pretrial Risk Assessment Instruments, Glen J. Dalakian Ii

Fordham Law Review

In recent years, criminal justice reformers have focused their attention on pretrial detention as a uniquely solvable contributor to the horrors of modern mass incarceration. While reform of bail practices can take many forms, one of the most pioneering and controversial techniques is the adoption of actuarial models to inform pretrial decision-making. These models are designed to supplement or replace the unpredictable and discriminatory status quo of judicial discretion at arraignment. This Note argues that policymakers should experiment with risk assessment instruments as a component of their bail reform efforts, but only if appropriate safeguards are in place. Concerns for …

Csci 39549 Agile Software Development, Arylee Mcsweany, Rebecca Sliter, Nyc Tech-In-Residence Corps

Open Educational Resources

No abstract provided.

Brief For The R Street Institute And Engine Advocacy As Amici Curiae In Support Of Respondents, Charles Duan

Amicus Briefs & Court Filings

Under 35 U.S.C. § 102, an inventor may not obtain a patent on an invention that has been “on sale” for more than a year. The question is whether, from this so-called on-sale bar, certain classes of sales should be exempted— sales under a confidentiality agreement, in Petitioner’s view; and sales to those other than the ultimate customers, according to the government.

Institutional Databook 2017-2018, University Of Minnesota, Morris Office Of Institutional Research

Campus Documents and Reports

No abstract provided.

Property-As-Society, Timothy M. Mulvaney

Faculty Scholarship

Modern regulatory takings disputes present a key battleground for competing conceptions of property. This Article offers the following account of the three leading theories: a libertarian view sees property as creating a sphere of individual freedom and control (property-as-liberty); a pecuniary view sees property as a tool of economic investment (property-as-investment); and a progressive view sees property as serving a wide range of evolving communal values that include, but are not limited to, those advanced under both the libertarian and pecuniary conceptions (property-as-society). Against this backdrop, the Article offers two contentions. First, on normative grounds, it asserts that the conception …

The Constitutionality Of Classification: Indigenous Overrepresentation And Security Policy In Canadian Federal Penitentiaries, D'Arcy Leitch

Dalhousie Law Journal

This article examines one component of the Correctional Service of Canada's (CSC) risk classification scheme. The CSC uses the Custody Rating Scale (CRS), a 12-item actuarial instrument, to measure risk and to provide security classification recommendations. Empirical data shows that while CRS recommendations may have some predictive validity, certain of the 12 items the CRS includes do not, particularly for Indigenous prisoners. This article makes the case that the inclusion ofsuch items in the CRS violates prisoner's rights under section 7 of the Charter by depriving them of liberty in a manner that is arbitrary and overbroad. Habeas corpus is …

Family Separations: What Science Tells Us About Family Separations And Why All Nebraskans Should Care: Blog Post, Lissette Aliaga-Linares, Jonathan B. Santo, Juan F. Casas

Latino/Latin American Studies Other Publications

No abstract provided.

Proposed Rules To Determine The Legal Use Of Autonomous And Semi-Autonomous Platforms In Domestic U.S. Law Enforcement, Michael Sinclair

North Carolina Journal of Law & Technology

We need some rules. “Or there will be . . . trouble.”

Cybersecurity Of Autonomous Systems In The Transportation Sector: An Examination Of Regulatory And Private Law Approaches With Recommendations For Needed Reforms, Jeanne C. Suchodolski

North Carolina Journal of Law & Technology

The past twenty-five years gave rise to increasing levels of automation within the transportation sector. From initial subsystems, like vessel satellite tracking and automobile chassis control, automation continues apace. The future promises fully autonomous devices such as unmanned aerial systems (“UAS”) and self-driving cars (“UAV”). These autonomous and automatic systems and devices (“AASD”) provide safety, efficiency, and productivity benefits. Yet AASD operate under continual threat of cyber-attack. ¶ Compromised AASD can produce dire consequences in the transportation sector. The possible consequences extend far beyond financial harms to severe bodily injury or even death. Given both the prevalence of cyber threats …

How Safe Is Too Safe? Exemption 7(F) And The Withholding Of Critical Documents, Grant Snyder

Michigan Journal of Environmental & Administrative Law

The Freedom of Information Act (FOIA) is one of the main tools used by the American public to investigate the actions of its government. Congress created FOIA in an attempt to make most government documents available to the public. Today, the FOIA process favors government withholding. This bias comes from institutional issues in courts’ review of FOIA challenges.

In the environmental and administrative law context, federal agencies use many exemptions to withhold government records from citizen and non-profit groups. Agencies that are tasked with permitting and regulating energy pipelines and other environmentally-sensitive infrastructure now regularly cite Exemption 7(F). These agencies …