Digital Commons Network^™

Tangled Up In Tax: The Nonprofit Sector And The Federal Tax System, Daniel J. Hemel

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

The News Through Facebook: Discovering The Prevalence Of Rape Myths In User Comments, Leigh Anne Clay

Theses and Dissertations

This study attempted to ascertain the prevalence value of rape myths located within social media user comments on the website Facebook. Research using existing Internet-based comments may provide insight into current attitudes and beliefs surrounding sexual violence. Using a quantitative content analysis, this study gauged the prevalence of rape myths in user comments by referencing a preset code list created with rape myths from the Acceptance of Modern Myths About Sexual Aggression scale (AMMSA) and the Updated Illinois Rape Myth Acceptance Scale (IRMA) and by locating emergent codes in the dataset.

Political And Non-Political Speech And Guns, Gregory P. Magarian

Scholarship@WashULaw

Constitutional rights depend on justifications. Some combination of theory, his- tory, and practical reasoning needs to establish why and to what extent a given right warrants legal protection. The justifications that courts and theorists articulate for a given right determine the right’s breadth and the specific contours of its protection. Justification has particular importance at the formative stage of a newly recognized constitutional right. At present, courts are building doctrine around the Second Amendment “right of the people to keep and bear Arms,”1 recognized as an individ- ual right just over a decade ago in District of Columbia v. Heller.2 …

Annual Security Report For Calendar Year 2018, Illinois State University Police Department

Clery Act Annual Security Report

Illinois State University Police Department Annual Security Report

Environmental Gentrification, Sarah Fox

University of Colorado Law Review

Gentrification is a term often used, much maligned, and difficult to define. A few general principles can nonetheless be distilled regarding the concept. First, gentrification is spurred by rising desirability of an area for housing or commercial purposes. Second, this rising desirability, following basic supply-and-demand principles, leads to higher property values and rents in an uncontrolled market. Third, gentrification leads to a shift in the demographics of a neighborhood. This shift can change not only the socioeconomic and racial composition of the area but also the community's character, as residential and commercial options begin to reflect the preferences of the …

Risk Management For Persons With Serious Mental Illness: A Process Analysis Of Washington State Department Of Corrections' Tools, Martin J. Tobin

Antioch University Dissertations & Theses

Although many evidence-based techniques are outlined in the literature, systems often assess, plan, and mitigate risk for Persons with Serious Mental Illness (PSMI) in significantly divergent ways. For more than 20 years now, the Washington State Department of Corrections has relied on the Offender Reentry Community Safety Program (ORCSP) to appraise dangerousness and presence of mental disorder, utilizing a staged process that considers a wide-ranging set of criminogenic and non-criminogenic variables. A growing body of research suggests that the ORCSP is effectively decreasing recidivism through collaborative reentry planning and mitigation between mental health and criminal justice professionals; however, whether ORCSP …

Undergraduate Course Catalog Of The University Of San Diego 2019-2020, University Of San Diego

Undergraduate Course Catalogs (1973- )

514 pages. Includes information about academics, campus and the college, the 2019-2020 academic calendar, and school policies.

Doctrinal Dynamism, Borrowing, And The Relationship Between Rules And Rights, Joseph Blocher, Luke Morgan

Faculty Scholarship

The study of "Rights Dynamism," exemplified in Timothy Zick' s new book on the First Amendment's relationship with the rest of the Bill of Rights, can enrich our understanding of constitutional rights. It also opens a door to another potentially fruitful arena: what we call "Doctrinal Dynamism." Constitutional rights often interact and generate new meanings and applications by way of importing and exporting one another's doctrinal rules, even when the rights themselves do not intersect directly in the context of a single case. Focusing on these doctrinal exchanges can illuminate the strengths and weaknesses of various rules, the specific interests …

Trade And The Separation Of Powers, Timothy Meyer, Ganesh Sitaraman

Faculty Scholarship

There are two paradigms through which to view trade law and policy within the American constitutional system. One paradigm sees trade law and policy as quintessentially about domestic economic policy. Institutionally, under the domestic economics paradigm, trade law falls within the province of Congress, which has legion Article I powers over commercial matters. The second paradigm sees trade law as fundamentally about America’s relationship with foreign countries. Institutionally, under the foreign affairs paradigm, trade law is the province of the President, who speaks for the United States in foreign affairs. While both paradigms have operated throughout American history, the domestic …

Federal Criminal Risk Assessment, Brandon L. Garrett

Faculty Scholarship

Risk assessments are a common feature of federal decisionmaking, including across a range of administrative agencies. However, in federal criminal law, risk assessments have been only haltingly adopted. Decisions regarding bail, sentences, and prison programming have largely been made based on official discretion. Risk assessment instruments are currently used in federal courts pretrial and postconviction, and in federal prisons regarding security levels and reentry, with highly uneven results to date. The adoption of the First Step Act, which has the ambition to transform the federal prison system through the use of risk instruments, has the potential to introduce a more …

Wealth, Equal Protection, And Due Process, Brandon L. Garrett

Faculty Scholarship

Increasingly, constitutional litigation challenging wealth inequality focuses on the intersection of the Equal Protection and Due Process Clauses. That intersection—between equality and due process—deserves far more careful exploration. What I call “equal process” claims arise from a line of Supreme Court and lower court cases in which wealth inequality is the central concern. For example, the Supreme Court in Bearden v. Georgia conducted analysis of a claim that criminal defendants were treated differently based on wealth in which due process and equal protection principles converged. That equal process connection is at the forefront of a wave of national litigation concerning …

Comprehensive Knowledge Assessment For Athletic Trainers: Part I, Lindsey E. Eberman, Jessica R. Edler, Kenneth E. Games

Internet Journal of Allied Health Sciences and Practice

Purpose: Continuing education (CE) is intended to help clinicians maintain competence, develop and advance knowledge and skills, and enhance knowledge, skills, and abilities beyond the levels required for entry-level practice. Based on previous literature, the current mode of CE in athletic training does not appear to be helping clinicians maintain competence. The purpose of this research was to validate a comprehensive assessment based on the Role Delineation Study/Practice Analysis (6^th ed.) through item analysis and estimates of reliability to be used to assess athletic trainers’ actual knowledge. Method: We conducted an instrumentation validation study using Qualtrics^® web-based platform. …

Cash For Consideration? An Examination Of Academics, Demographics, And Student Socioeconomics In The Provisioning Of Institutional Aid., Matthew G. Matyasovsky

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation is an empirical investigation of student level observations of 11 cohorts of first-time full-time freshmen from a public, land-grant, research university in Appalachia. Complete with student financial aid offerings, socioeconomic status, and pre-college academic characteristics such as standardized test scores and high school GPA, I investigate the data to examine institutional behavior constrained by resource dependence. The variable of interest is institutional financial aid. Institutional financial aid awards are monetary concessions presented to students as a means to discount the overall price a student pays to enroll. As institutional aid is a direct mechanism through which the institution …

Mixed-Income Communities As A Strategic Lever To Impact Health Equity: Lessons From The Field And Implications For Strategy And Investment, Mark L. Joseph

Faculty Scholarship

This report provides an overview of the current state of knowledge about how mixed-income community interventions could help achieve greater health equity. The report culminates an eighteen-month inquiry on mixed-income communities and health and focuses on implications from profi les of fi ve mixed-income community interventions that have a strategic emphasis on improving health and wellness.

University Of San Diego Graduate Course Catalog 2019-2020, University Of San Diego

Graduate Course Catalogs (1971-)

310 pages

2019 Usd Fact Book, University Of San Diego

USD Fact Books (1985- )

No abstract provided.

Punishment And Its Limits, Debra Parkes

All Faculty Publications

The nearly three decades in which Beverley McLachlin was a member of the Supreme Court, including as Chief Justice, witnessed a number of shifts in Canadian penal policy and in the reach and impact of criminal law. During the Harper decade (2006 to 2015) in which the federal Conservatives enjoyed a majority government led by Prime Minister Stephen Harper, criminal justice policy took a turn toward the punitive. The federal government tore a page out of the American legislative handbook and sought to “govern through crime”, albeit in a more restrained Canadian style.

Private Government And The Transparency Deficit, Alfred C. Aman, Landyn W. Rookard

Articles by Maurer Faculty

Modern government is comprised of a complex admixture of public and private actors. From the provision of public services, to growing movements to sell off national parks, to the very task of legislating, the public is unlikely to encounter an area of government that is untouched by privatization. But public transparency mechanisms, including the seminal Freedom of Information Act (FOIA), rely upon an outdated, rigid conception of the private-public dichotomy. They fail to provide the public with any meaningful access to what we call the “private government,” which includes the private actors who bear an increasing responsibility for performing governmental …

A Secret Weapon?: Applying Privacy Doctrine To The Second Amendment, Jody L. Madeira

Articles by Maurer Faculty

No abstract provided.

Uncommon Misconceptions: Holding Physicians Accountable For Insemination Fraud, Jody L. Madeira

Articles by Maurer Faculty

No abstract provided.

A “Critical” Question Of State Law: Georgia’S Ambiguous Treatment Of Initial Appearance Hearings And Implications Of Bail Reform, Anne Miller Reynolds

Georgia Law Review

The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel at critical stages of a proceeding. While the U.S. Supreme Court has not addressed whether initial bail hearings are critical stages of a proceeding, several states have elected to provide greater protection for criminal defendants by holding that bail hearings are critical stages. However, Georgia has avoided this question, as Georgia has held that initial appearance hearings, in which questions of bail are often decided, are “not often” critical stages of a proceeding. Logically, it follows that initial appearance hearings must sometimes be critical stages of …

The Politics Of Drug Courts, Jeffrey Chris Moss

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study examined drug courts from a public policy and political science perspective. The first portion of the study focused on the history of sentencing policy from the 1970s through the drug court movement. The second chapter addressed gaps in the policy literature about how drug courts were created and how they evolved. Another focal point was determining how state-level actors such as legislators, state supreme courts, and bureaucratic agencies regulated drug court policy in each particular state. From this data, a continuum was formed to determine which states operated from a top-down management style for drug courts and which …

The Use Of Compassionate Release Policies For Elderly Offenders, Lindsey Martin

Walden Dissertations and Doctoral Studies

This research examined the use of compassionate release policy in response to the fastest-increasing segment of the prison population- elderly offenders. Though this policy is an approach to this problem, there was little available research regarding which correctional organizations in the United States adopt compassionate release and how it is used. The purpose of this nonexperimental comparative quantitative study was to examine the use of the policy in neighboring and distant state correctional systems relative to those organizations that used the policy more frequently to determine if the leader-laggard theory of policy diffusion was an effective policy-implementation framework. The research …

Use Of Force And Perceptions Of Public Attitude Held By Police Trainers, Kenneth Lee Kinsey

Walden Dissertations and Doctoral Studies

Police use-of-force is a topic of interest to most Americans. High-profile shootings of minority citizens and the increase in ambush death rates of police officers has been problematic by dividing society into segments of harsh critics of an entire profession or supporters of the nation'€™s heroes. While use-of-force is highly researched, most existing work has typically forgone the examination of officer mindset in lieu of the more patent explanatory variables of race, sex, and method. The purpose of this study was to gain insight into the psychological influences of officer motivation from those responsible for providing instruction to police officers. …

Probation Officers And Parole Agents' Perceptions Of Institutional Obstacles To Reducing Recidivism In A Midwestern State, Gertha Lee Lusby

Walden Dissertations and Doctoral Studies

Prison management and key stakeholders lack an understanding of how institutional obstacles interfere with probation officers and parole agents' ability in managing offenders to reduce recidivism in a Midwestern state. In 2014, 1 out of 52 adults in the U.S. were under the supervision of probation officers or parole agents. The purpose of this descriptive phenomenological study was to identify the institutional obstacles that exist for probation officers and parole agents in terms of their lived experiences in their jobs. The participants were 5 probation officers and 6 parole agents from a municipal district in a county in a Midwestern …

The Behavior Of Suas Under Explosive Loading Conditions And Implications For Safe Operating Procedures, Ashok Em Sudhakar

Doctoral Dissertations

"Drones are increasingly being used for tasks previously unimagined and the beneficial uses are evolving. The United States Congress has envisioned the possible uses of drones for both combating and conveying explosive threats and other harmful and destructive activities. Congress' intent is reflected in new laws (2018) and policies (2019).

All civilian available Small Unmanned Aerial Systems sUASs (Drones), weighing less than 55 pounds, in the current market are not designed for operations in explosive environments. This first of a kind research focuses on further understanding of sUASs response to explosive loading and the public policy implications. This research measured …

Strategies For Improving And Sustaining Real Estate Development Business Performance In Nigeria, Obiora Timothy Anene

Walden Dissertations and Doctoral Studies

Real estate development (RED) businesses are critical to closing the housing deficit gap in Nigeria. The purpose of this multiple case study was to explore the strategies that successful business managers used to improve and sustain their business performance in Nigeria. The 7FE business process management framework was the conceptual framework used. Primary research data were collected through semistructured interviews held with a purposive population sample of 5 business managers who successfully improved and sustained their business performance in the Nigeria real estate sector. Secondary data were collected from company and public documents and extant literature. Data were analyzed using …

Best Practices, Challenges And Opportunities For Body Worn Camera Programs, Rich Braunstein, David Erickson

South Dakota Law Review

No abstract provided.

Monster Under The Bed: The Nightmare Of Leaving Juvenile Life Sentences Up To The Parole Board, Erica L. Ramstad

South Dakota Law Review

No abstract provided.

Zoning, Race, And Marijuana: The Unintended Consequences Of Proposition 64, Alexis Holmes

Lewis & Clark Law Review

This Article revisits the campaign to legalize cannabis in California with Proposition 64. It then dissects the localism within the new California regulations and how it conflicts with the social justice goals central to the spirit of Proposition 64’s passage. With local governments retaining control over marijuana in their jurisdictions, land use takes on new importance with respect to how marijuana will be controlled. The problem is that the land use system, like the criminal law apparatus, has yet to overcome systemic racism that is inherently part of its design. Proposition 64 wrongly relied on local control to regulate marijuana …