Digital Commons Network^™

The War On Drugs And The Case For Rehabilitation, Christopher Johnson, Jackson Hoopes

Brigham Young University Prelaw Review

From slavery to Jim Crow to current issues with mass incarceration, America has a long-standing history with oppression and racial prejudice. While it’s easy for many to think racism, particularly at an institutional level, to be a thing of the past, a variety of evidences speak to the contrary. With President Nixon’s War on Drugs, criminality became federally sanctioned way to oppress minorities through sentencing discrepancies in crack and powdered cocaine. In conjunction with that, the privatization of prisons has led to the Prison Industrial Complex, further incentivizing incarceration as a means of industry and commerce. Now we are faced …

Human Rights And Substantive Equality: Prospects For Same-Sex Relationship Recognition In Hong Kong, Kelley Loper

North Carolina Journal of International Law

No abstract provided.

Bearing Hospital Tax Breaks: How Non-Profits Benefit From Your Surprise Medical Bills, Taylor N. Armstrong

Georgia State University Law Review

This Note addresses the growing issue of surprise medical bills and how the United States Tax Code can be used to prevent many patients from receiving these bills. Part I provides a background on surprise billing and market factors that have led to an increase in the bills as well as current legislative solutions to the problem. Part II analyzes the role that hospitals play in the insurance market, the current standards for nonprofit hospitals to receive tax exemption under Internal Revenue Code (IRC) § 501, and how these legal standards fall short of accomplishing the goals of the tax …

Keeping Up With New Legal Titles, Susan David Demaine, Susan Azyndar

Articles by Maurer Faculty

No abstract provided.

An “Sdvcj Fix”—Paths Forward In Tribal Domestic Violence Jurisdiction, Joshua B. Gurney

UC Law Journal

Domestic violence has riddled the indigenous communities of the United States for decades. Within this problem lies another—non-Indians perpetrate crimes of domestic violence against Indian women at disproportionately high rates. Exacerbating this issue is the complicated web of criminal jurisdiction split between federal, state, and tribal governments. To ostensibly solve the problem, Congress enacted the Violence Against Women Reauthorization Act of 2013. The Act contained an important provision that returned criminal jurisdiction to tribes, called “Special Domestic Violence Criminal Jurisdiction.”

Special Domestic Violence Criminal Jurisdiction, by most accounts, has been a resounding success. But it suffers from critical limitations, namely, …

The Third Rail Of San Francisco Politics: Transportation, Race, And The Central Subway, Wendell Lin

UC Law Journal

In the backdrop of intense political division, San Francisco is proud to be a beacon of diversity and inclusion. But the “sanctuary city” has an appalling history of racism and continues to relegate marginalized communities with transportation infrastructure decisions that exacerbate racial segregation and economic inequality. This Note exposes the racial bias underlying decisions with respect to transportation infrastructure, concluding that grassroots organizing, transparent decision making processes, and enhanced government accountability are three necessary means to protect the public’s interest.

Are Police Obsolete? Breaking Cycles Of Violence Through Abolition Democracy, V. Noah Gimbel, Craig Muhammad

Cardozo Law Review

On February 5, 2018, Baltimore activists organized a successful "cease-fire weekend," during which no one was killed-and the cops were not to thank. Indeed, as community anti-violence organizers worked to cool hot feuds in order to prove that endless violence was not their destiny, the Baltimore Police Department was sinking ever-deeper into perhaps the most shocking police corruption scandal of the twenty-first century.

The stark contrast between ordinary city residents risking their safety to fight against violence in their community and a corrupt police force committing and propagating acts of violence in the microcosmic streets of Baltimore raises what may …

A Triggered Nation: An Argument For Extreme Risk Protection Orders, Caroline Shen

UC Law Constitutional Quarterly

In recent years, the U.S. has experienced an unprecedented number of mass shootings and other gun-related injuries and deaths. In spite of all of this gun violence, there is still an unyielding resistance against the passage of common sense gun laws. Many laws restricting large capacity magazines and gun silencers, for example, are continuously shot down by federal and state courts, and the National Rifles Association and its constituents in Congress continue to hitch their arguments to the decision of the Supreme Court in District of Columbia v. Heller.

In this time of political gridlock, perhaps the best solution is …

An Intelligent Smart City, Erik Sanchez

Architecture Senior Theses

How intelligent is the typical smart-city design approach? In an era when artificial intelligence and big data promise to improve urban life in unprecedented ways, are smart cities being imagined and designed in ways that are actually inspiring and truly innovative? This project examines the proposals and approaches of Sidewalk Labs’ designs for Quayside, located in Toronto Canada, and asks how intelligent, really, is the city the propose. Sidewalk Labs (the city-building subsidiary of Alphabet, Google’s parent company), in partnership with Waterfront Toronto (a government-appointed nonprofit development corporation), claims to be reimagining cities from the internet up.” But is their …

Vocational And Life Skills Monthly Data Update: April 2019, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to manage data entry errors on an ongoing basis during monthly update calls and regular site visits.

The current data derives from an active database, from which data is being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on changes made from data entry oversight. One common …

A Hierarchical Core Reference Ontology For New Technology Insertion Design In Long Life Cycle, Complex Mission Critical Systems, Kevin J. Michael

EMSE Doctoral Projects

Organizations, including government, commercial and others, face numerous challenges in maintaining and upgrading long life-cycle, complex, mission critical systems. Maintaining and upgrading these systems requires the insertion and integration of new technology to avoid obsolescence of hardware software, and human skills, to improve performance, to maintain and improve security, and to extend useful life. This is particularly true of information technology (IT) intensive systems. The lack of a coherent body of knowledge to organize new technology insertion theory and practice is a significant contributor to this difficulty. This research organized the existing design, technology road mapping, obsolescence, and sustainability literature …

The Daily Gamecock, Monday, April 1, 2019, University Of South Carolina, Office Of Student Media

April

No abstract provided.

Chemical Hygiene Plan Policy

Environmental Health & Safety Policies

The primary purpose of this policy is to direct the University of Health Sciences & Pharmacy Chemical Hygiene Plan for laboratories using chemicals which must maintain a work-area specific Chemical Hygiene Plan to conform to the requirements of the OSHA Occupational Exposure to Hazardous Chemicals in Laboratories standard (29 CFR 1910.1450). University of Health Sciences & Pharmacy laboratories may use the University of Health Sciences & Pharmacy Chemical Hygiene Plan as a starting point for creating their work area- specific Chemical Hygiene Plan.

The Chemical Hygiene Plan Policy applies to all laboratories that use, store, or handle hazardous chemicals and …

Canadian Immigration Law In The Face Of A Volatile Politics, Colin Grey, Constance Macintosh, Sarah Marsden

Dalhousie Law Journal

The genesis of this special issue was a conference of Canadian immigration law scholars at the Université du Québec à Montréal in March 2018. Conference participants sought to look back on the many changes made to Canadian immigration law during the near-decade the Stephen Harper-led Conservative government spent in power (2006–2015). Although the Conservatives did not introduce a single, revamped immigration law— the major legislation remains the Immigration and Refugee Protection Act, brought in under the Jean Chrétien-led Liberals (1992–2006) in 2002—they altered parts of the law nearly beyond recognition. In this introduction, we reflect briefly on these changes; on …

Medical Inadmissibility, And Physically And Mentally Disabled Would-Be Immigrants: Canada’S Story Continues, Constance Macintosh

Dalhousie Law Journal

In April 2018, Canada’s federal government announced that it had decided “to eliminate” the medical inadmissibility policy from our immigration regime.1 This was to bring our practices in line with contemporary Canadian values, and to engender consistency with the that Canada signed in 2007 and rati�� ed in 2010. The �������� requires equality for persons with disabilities, including taking actions to enable full and effective participation and inclusion in society.3 To achieve these obligations, states must adopt legislative or other measures that implement these rights, and must repeal or revise legislation or policies which are inconsistent with the ��������’s obligations.

The Mv Sun Sea: A Case Study On The Need For Greater Accountability Mechanisms At Canada Border Services Agency, Lobat Sadrehashemi

Dalhousie Law Journal

In the summer of 2010, the human rights record of Sri Lanka in the aftermath of its civil war remained dismal.1 In Canada, the Immigration and Refugee Board’s acceptance rates for refugee claims made by Tamils �� eeing Sri Lanka was at approximately 84 percent.2 On 13 August 2010, a cargo ship, the MV Sun Sea (Sun Sea), arrived off the coast of British Columbia carrying 492 Tamil men, women, and children who were �� eeing Sri Lanka. Their voyage took just over two months, under horrible conditions. One passenger had died at sea. Most, if not all, had paid …

Police-Community Collaboration In An Upper Midwest City, Samuel Imbody

Masters Theses

Recent clashes between law enforcement and civilians have brought the issue of police-community relations to the forefront of many political discourses. While community policing has achieved a degree of success in alleviating these problems, many of the issues raised by the seminal Kerner Commission in 1967 remain today. This phenomenological case study represents a contemporary look at a city named “Heartland,” which has received accolades from numerous organizations for its community policing efforts. The primary source of data were in-depth interviews with police officers, and members of community organizations in the city of Heartland, analyzing how these two parties collaborate …

The Fire Rises: Refining The Pennsylvania Fireworks Law So That Fewer People Get Burned, Sean P. Kraus

Dickinson Law Review (2017-Present)

On October 30, 2017, the General Assembly of Pennsylvania passed an act that repealed the state’s fireworks law, which had prohibited the sale of most fireworks to Pennsylvanian consumers for nearly 80 years. The law’s replacement generally permits Pennsylvanians over 18 years old to purchase, possess, and use “Consumer Fireworks.” Bottle rockets, firecrackers, Roman candles, and aerial shells are now available to amateur celebrants for holidays like Independence Day and New Year’s Eve. The law also regulates a category of larger “Display Fireworks,” sets standards for fireworks vendors, and introduces a 12-percent excise tax on fireworks sales that serves to …

Habitat Suitability Of The Mountain Pine Beetle In Alberta, Canada Under Future Climate Scenarios, Nathalie Woloszyn

Masters Theses

Mountain pine beetle (Dendroctonus ponderosae Hopkins) is the most destructive insect currently devastating North American forests (Safranyik & Carroll, 2006). Native to western North America, the mountain pine beetle has recently expanded beyond its historic range, into the novel territory of Alberta, Canada. Since its arrival in the mid-2000s, the mountain pine beetle has diffused eastward at an average rate of 80km/year (Cooke & Carroll, 2017). Poised at the doorstep of the boreal forest, current concern anticipates the potential diffusion of the mountain pine beetle to eastern North America.

The Maxent (maximum entropy) model, a presence-only spatial distribution model, …

Nsu Sharks Rx_Spring 2019, Nova Southeastern University

NSU Sharks Rx

Newsletter

2018 Department Of Public Safety Stakeholder Satisfaction Survey Report, Olivia Edoff

Honors Thesis

No abstract provided.

The Structure Of Torts, Thomas C. Galligan Jr.

Journal Articles

Tort law consists of a number of different causes of action which are seemingly unrelated except that all involve civil wrongs, other than mere breaches of contract. The various torts have different elements; some, like the nominate or intentional torts, very specific; others, like negligence, more general and vague. There is no apparent, coherent, or consistent structure applicable to all torts. This Article articulates just such a unified structure for all torts: one that arises out of and is based upon the elements of negligence. All torts involve the judicial delineation of the defendant's duty or legal obligation. All torts …

The Effect Of Oral Statements On The Making Of The City Of Providence's Municipal Contracts, John J. Chung

Law Faculty Scholarship

No abstract provided.

Aerial Base Station Deployment For Post-Disaster Public Safety Applications, Jose Antonio Matamoros Vargas

Department of Electrical and Computer Engineering: Dissertations, Theses, and Student Research

Earthquakes and floods are constant threats to most of the countries in the world. After such catastrophes, a rapid response is needed, which includes communications not only for first responders but also for local civilians. Even though there are technologies and specialized personnel for rapid deployment, it is common that external factors will hinder the arrival of help while communication requirements are urgently required. Such communication technologies would aid tasks regarding organization and information dissemination from authorities to the civilians and vice-versa. This necessity is due to protocols and applications to allocate the number of emergency resources per location and …

The Impact Of Prosecutorial Misconduct, Overreach, And Misuse Of Discretion On Gender Violence Victims, Leigh Goodmark

Dickinson Law Review (2017-Present)

Prosecutors are failing victims of gender violence as witnesses and when they become defendants in cases related to their own victimization. But it is questionable whether that behavior should be labeled misconduct. The vast majority of these behaviors range from misuses of discretion to things that some might consider best practices in handling gender violence cases. Nonetheless, prosecutors not only fail to use their discretion appropriately in gender violence cases, but they take affirmative action that does tremendous harm in the name of saving victims and protecting the public. The destructive interactions prosecutors have with victims of gender violence are …

Health And Criminal Justice System Involvement Among African American Siblings, Amber L. Beckley, Rohan H. Palmer, Michael Rocque, Keith E. Whitfield

All Faculty Scholarship

Importance: Health disparities between African Americans and Whites have persisted in the United States. Researchers have recently hypothesized that the relatively poor health of African Americans may be caused, in part, by African American overrepresentation in the criminal justice system. Objectives: To test the hypothesis that criminal justice system involvement is associated with poor health and greater health risk when controlling for unobserved family factors through a discordant sibling design. Methods: Subjects were drawn from the Carolina African American Twin Study of Aging (CAATSA). Criminal conviction records were extracted from North Carolina's Department of Public Safety. Six measures of health …

The Faces Of The Second Amendment Outside The Home, Take Three: Critiquing The Circuit Courts Use Of History-In-Law, Patrick J. Charles

Cleveland State Law Review

This article seeks to critique the circuit courts’ varying history-in-law approaches, as well as to provide advice on the proper role that history-in-law plays when examining the scope of the Second Amendment outside the home. This article sets forth to accomplish this task in three parts. Part I argues why history-in-law is appropriate when adjudicating Second Amendment decisions outside the home. Part II examines the benefits and burdens of utilizing history-in-law as a method of constitutional interpretation, while breaking down the alternative approaches employed by circuit courts when adjudicating Second Amendment decisions outside the home. Lastly, Part III offers practical …

The Innocent Villain: Involuntary Manslaughter By Text, Charles Adside Iii

University of Michigan Journal of Law Reform

Michelle Carter’s texts instructing her mentally ill online boyfriend to commit suicide offended the social moral code. But the law does not categorize all morally reprehensible behavior as criminal. Commonwealth v. Carter is unprecedented in manslaughter law because Carter was convicted on the theory that she was virtually present as opposed to physically present—at the crime scene. The court’s reasoning is expansive, as the framework it employs is excessively vague and does not provide fair notice to the public of which actions constitute involuntary manslaughter. Disturbingly, the Massachusetts Supreme Judicial Court affirmed the trial court’s logic. This Article concludes that …

Once More Unto The Breach: Confronting The Standard Of Review (Again) And The Imperative Of Correctness Review When Interpreting The Scope Of Refugee Protection, Gerald Heckman, Amar Khoday

Dalhousie Law Journal

The Supreme Court of Canada’s standard of review jurisprudence has been marked by the ascendancy of reasonableness as the presumptive standard of review of decisions involving an administrative tribunal’s interpretation and application of its home statute. To the extent that this approach would lead to the reasonableness review of administrative decision-makers’ interpretation of the scope and meaning of provisions of the Immigration and Refugee Protection Act that implement the basic human rights conferred in international conventions to which Canada is a party, it must be changed. Interpretations of the scope of the Refugee Convention and Convention Against Torture raise questions …

The Opioid Litigation Unicorn, Nicolas Terry

South Carolina Law Review

No abstract provided.