Digital Commons Network^™

”Cyberworld” As A Theme For A University-Wide First-Year Common Course, Kristen Przyborski, Frank Breitinger, Lauren Beck, Ronald S. Harichandran

Engineering and Applied Science Education Faculty Publications

Nowadays we all live in a cyber world and use the internet for emailing, banking, streaming video, shopping, reading news, or other activities. Given all the time people spend online, it is important that all students (regardless of their major) learn some basics about living in a cyber world, e.g., strategies for online safety, impact of artificial intelligence, digital forensics or ancestry.com. To facilitate students from many majors to learn about important issues related to the internet, eight faculty from a variety of disciplines at the University of New Haven integrated the theme of Cyber World into our team-taught, first-year …

On "Clear And Present Danger", Leslie Kendrick

Notre Dame Law Review

Justice Oliver Wendell Holmes’s dissent in United States v. Abrams gave us the “marketplace of ideas” metaphor and the “clear and present danger” test. Too often unremarked is the contradiction between the two. At the same time that Holmes says “the best test of truth is the power of the thought to get itself accepted in the competition of the market,” he also says that “the present danger of immediate evil” permits Congress to restrict the expression of opinion. When the anticipated harm comes about through acceptance of the speaker’s idea, then the imposition of the clear and present danger …

Cultural Renaissance And The Quest For Peace And Development In Nigeria, Olusola Matthew Ojo Ph.D.

Journal of International and Global Studies

The phenomenon of elusive peace and its implications for socioeconomic development and political stability have remained a subject of scholarly interest in Nigeria’s post-colonial discourse. There have been diverging and converging opinions over the variables responsible for this, and the prospects for recovery. This paper seeks to contribute to the scholarly process of filling the subsisting gap in the extant body of literature by re-interrogating the role of culture in Nigeria’s quest for sustainable peace and development. Employing qualitative method of data collection, and adopting thematic approach for content analysis, findings reveal that peace and development have remained elusive in …

No Internet Does Not Mean No Protection Under The Cfaa: Why Voting Machines Should Be Covered Under 18 U.S.C. § 1030, Jack Dahm

Notre Dame Law Review

The U.S. Attorney General established a Cyber-Digital Task Force within the Department of Justice (DOJ) in February 2018. This newly created task force released its first public report on July 19, 2018. Then–Attorney General Jeff Sessions announced the release of the report, while promising that “[a]t the Department of Justice, we take these threats seriously.” The report was designed to answer the following question: “How is the Department [of Justice] responding to cyber threats?” The report begins by discussing the threat of foreign influence operations, described by the Task Force as “one of the most pressing cyber-enabled threats our Nation …

Shells Of The Stores They Once Were: Returning Vacant Retail Property To Productive Use In The Midst Of The "Retail Apocalypse", Mairead J. Fitzgerald-Mumford

Notre Dame Law Review

This Note intends to address responses to retail vacancies by local governments in nonurban areas where land is relatively cheap and low-density development predominates. Its purpose is to assist these municipalities in motivating owners of vacant retail structures to return the property to productive use, thereby significantly reducing the number of empty retail shells that litter the landscapes of many communities. Alternatively, in cases where the owner is unable or unwilling to mitigate the negative externalities imposed on the community by a vacant retail structure, I propose solutions tailored to commercial properties that will allow local governments to intervene in …

From The State Of Emergency To The Rule Of Law: The Evolution Of Repressive Legality In The Nineteenth Century British Empire, Christopher M. Roberts

Chicago Journal of International Law

Why are contemporary laws and techniques that state authorities use to crack down on political dissent so similar across countries? This Article argues that at least part of the answer may be found by turning to colonial history. The Article has two Parts. In the first Part, the Article explores the manner in which, over the course of the nineteenth century, the British deployed various different legal and institutional approaches in response to an Irish polity that consistently refused to submit to British authority. In the second Part, the Article examines the manner in which the approaches developed in Ireland …

Navigating Rough Seas: Women On Waves’ Legal Options For Overcoming Resistant States, Jennifer Bisgaier

Chicago Journal of International Law

Women on Waves is a Dutch nonprofit that seeks to provide women with safe abortion services and health information, as well as to raise public awareness of countries with restrictive abortion laws. One of the means through which the group achieves these goals is its ship campaigns, in which Women on Waves sails a ship to the harbor of a country with restrictive laws, and then brings local women out to international waters to give them medical abortion pills. In 2017, Guatemala expelled the group’s ship from its dock before it had the chance to fulfill its mission, claiming that …

Invalid Harms: Improper Use Of The Administrative Procedure Act's Good Cause Exemption, Miriam R. Stiefel

Washington Law Review

On October 13, 2017, the U.S. Department of Health & Human Services, U.S. Department of Treasury, and U.S. Department of Labor published two nearly identical interim final rules in the Federal Register. To do so, the agencies invoked the Administrative Procedure Act’s good cause exemption, permitting the rules to bypass prepromulgation notice and comment rulemaking requirements. The interim final rules allowed employers and insurers that provide group healthcare coverage under the Affordable Care Act to seek constitutional and moral exemptions—specifically for contraceptives and other preventive health services coverage. Using the two 2017 interim final rules as an illustration, this Comment …

Fire System Impairment Policy

Facilities Policies

There are times when it is necessary to disable fire sprinkler, fire suppression, or fire alarm systems on campus. The probability of a fire or explosion causing major damage is increased whenever a system, alarm, or device is impaired. The longer the protection is impaired the greater the probability becomes. Therefore, it is necessary to minimize the duration and scope of any impairment or provide for an alternate protection system. The purpose of this procedure is to provide guidance on when and how these fire systems and their components are to be disabled and re-enabled.

Applies to Facilities and Maintenance …

Ciwag Maritime Irregular Warfare Workshop Workbook, The U.S. Naval War College

CIWAG Events

CIWAG hosted a Maritime Irregular Warfare Workshop on 25-26 June, 2019. The invited U.S. and international academics discussed the strategic and operational challenges associated with irregular warfare in the maritime domain. Participating scholars presented proposals for CIWAG’s new maritime focused case studies series. This workbook contains the first cases in the new “Maritime Irregular Warfare Studies” series.

A Comparison Of Water Main Failure Prediction Models In San Luis Obispo, Ca, Kyle Eric Aube

Master's Theses

This study compared four different water main failure prediction models: a statistically simple model, a statistically complex model, a statistically complex model with modifications termed the 2019 model, and an age-based model. The statistically complex models compute the probability of failure based on age, size, internal pressure, length of pipe in corrosive soil, land use, and material of the. These two values are then used to prioritize a water main rehabilitation program to effectively use the municipality’s funds. The 2019 model calculates the probability of failure and consequence of failure differently than the statistically complex model by considering corrosive soil …

The Potholes Of Offender-Funded Driving Diversion: How Minnesota's Driving Diversion Program Fails The People It Is Supposed To Help, Sammi Nachtigal

Minnesota Journal of Law & Inequality

No abstract provided.

Dear Prisoners-Be Prepared To Be Gawkedat: Other Prisoners Watching You Stripnaked Is Reasonably Related To Penologicalinterests, Or Is It?, Kenzie Ryback

Penn State Law Review (2003 - Present)

The Fourth Amendment states that citizens have the constitutional right to privacy, which includes being free from unreasonable searches. When citizens become prisoners, however, their rights, including their Fourth Amendment right against unreasonable searches, may be limited. For example, the Supreme Court upheld the constitutionality of blanket strip search policies in correctional institutions. The Supreme Court, however, cautioned that an unreasonably conducted strip search is unconstitutional if the strip search does not pass the reasonableness test. Because the Supreme Court has only reviewed cases involving privately conducted strip searches, the federal circuit and district courts have faced a new challenge: …

Monarch, Philip Walzer (Editor)

Monarch Magazine

Summer 2019 issue of Monarch, the Old Dominion University Magazine.

Subtitled: ODU's Superheroes to the Rescue

Eminent Domain A Decade After Kelo: Are Takings To Build Professional And College Sports Stadiums In Texas A Valid Public Use?, Lauren Trimble

Texas A&M Journal of Property Law

This Comment addresses the controversial Kelo v. City of New London decision and focuses on the state of Texas’ response to Kelo through its enactment of section 2206.001 of the Texas Government Code. This Comment discusses the implications of this statute in the realm of professional and college sports stadiums in Texas. Additionally, this Comment provides a background in the evolution of the eminent domain doctrine and prominent Supreme Court decisions expanding an authorized entity’s eminent domain power under a broadened definition of the entity providing a “public use.” The arguments are analyzed for whether Texas college and professional stadiums …

Instead Of Treated They Get Fees: A Hard Knock Life For Indigent Criminal Defendants And The Need For Unbiased Determinations Of Indigent Status, Matthew Trudeau

Hofstra Law Review

No abstract provided.

Gun Control And The Color Of Law, Alicia L. Granse

Minnesota Journal of Law & Inequality

No abstract provided.

Planning For A Sustainable Future: Rethinking The Role Of Bicycle Parking At Western Michigan University, Gregory J. Carlton

Masters Theses

Sustainable transportation planning focuses on addressing the needs of current users, without jeopardizing the needs of future users (Black 1997, Richardson 1999, Balsas 2003). A popular mode of sustainable transportation is the bicycle, which is frequently used by college students. One aspect of bicycle transportation that remains underexplored within the United States and on university campuses, is bicycle parking. By using rack conditioning assessments, bicycle theft density analysis, bicycle parking counts and a formative stakeholder survey of the bicycle parking at Western Michigan University’s campus, recommendations were able to be created for campus officials for use in their planning efforts. …

Hawks' Herald -- Jun. 1 , 2019, Roger Williams University

Hawk's Herald

No abstract provided.

Vocational And Life Skills Monthly Data Update: June 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 …

Enforcement Through The Network: The Network Enforcement Act And Article 10 Of The European Convention On Human Rights, Imara Mcmillan

Chicago Journal of International Law

This Comment explores the conflict between state-described freedom of expression and the autonomy of social media companies to regulate content on their platforms through the lens of the Network Enforcement Act, passed by Germany in 2017, and the freedom of expression clause of the European Convention on Human Rights. The Network Enforcement Act, which compels social media companies to monitor and remove content from their sites which violate certain other provisions of German law, has thrust the issues of intermediary autonomy and censorship-byproxy into the spotlight. Proponents of the law support it as a way to ensure that what is …

Assessing The Impact Of Game Day Schedule And Opponents On Travel Patterns And Route Choice Using Big Data Analytics, Anuj Sharma, Vesal Ahsani

Nebraska Department of Transportation: Research Reports

The transportation system is crucial for transferring people and goods from point A to point B. However, its reliability can be decreased by unanticipated congestion resulting from planned special events. For example, sporting events collect large crowds of people at specific venues on game days and disrupt normal traffic patterns.

The goal of this study was to understand issues related to road traffic management during major sporting events by using widely available INRIX data to compare travel patterns and behaviors on game days against those on normal days. A comprehensive analysis was conducted on the impact of all Nebraska Cornhuskers …

Skinning The Cat: How Mandatory Psychiatric Evaluations For Animal Cruelty Offenders Can Prevent Future Violence, Ashley Kunz

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2017, the Texas legislature amended Texas Penal Code § 42.092, which governs acts of cruelty against non-livestock animals. The statute in its current form makes torturing, killing, or seriously injuring a non-livestock animal a third degree felony, while less serious offenses carry either a state jail felony or a Class A misdemeanor charge.

While a step in the right direction, Texas law is not comprehensive in that it fails to address a significant aspect of animal cruelty offenses: mental illness. For over fifteen years, Texas Family Code § 54.0407 has required psychiatric counseling for juveniles convicted of cruelty to …

Livable Term Sentences As Alternatives To Juvenile Life Without Parole: A Sentencing Framework Based On United States V. Grant, Brittany Ripper, Robert Johnson

Journal of Criminal Justice and Law

In Miller v. Alabama (2012), the United States Supreme Court held that mandatory sentences of life without parole for juveniles are unconstitutional. In Montgomery v. Louisiana (2016), the Supreme Court made this holding retroactive, leaving the states to fashion new sentencing schemes for juveniles previously sentenced to life without parole. Complicating this task is the debate around “de facto,” or virtual, life sentences, which are term-of-years sentences that extend beyond an individual’s life expectancy. This article proposes a framework to be used for sentencing juvenile lifers in light of the Supreme Court’s opinions and the Third Circuit Court …

Originalism: Privileges V. Fundamental Values, C. M. A. Mc Cauliff

Hofstra Law Review

No abstract provided.

Yoder's Legacy, Mark Strasser

Hofstra Law Review

No abstract provided.

Understanding Trauma And Victimization In Women's Incarceration: California's Treatment Response, Marissa Tuttle-Roache

Social Sciences

The purpose of this review is to provide an exploration of past research on women's pathways to incarceration, specifically discussing how this problem affects California women. Using research from various case studies, both quantitative and qualitative, this review examines the correlation between life experiences and incarceration for women. California laws and policies that mitigate the impact incarceration has historically had on women will be discussed. This research provides a better understanding of the treatment needs of incarcerated women and the programs that could provide them with some positive resources to succeed post incarceration and avoid recidivism.

Modified Force/Displacement-Based Procedure For Performance-Based Seismic Design Of Regular Rc Frames, Soha Hassan Nashaat Elkassas

Theses and Dissertations

Performance-based seismic design has been the thrust of international research on earthquake engineering for the past 20 years. The major decisive factor for the success of its most recent framework is the development of efficient “preliminary design” methodologies that follow common design formats in order to maintain the process at an affordable level of complexity for practitioners. Using the traditional force-based seismic design method for this purpose, though simple and easy, will be inefficient because it designs structures to only one performance objective (which is life safety), and any other performance objective would be part of the drift check that …

New Realities Require New Priorities: Rethinking Sustainable Development Goals In The Anthropocene, Robin Kundis Craig

Utah Law Faculty Scholarship

The United Nations 17 sustainable development goals are nominally unprioritized. However, numerically and rhetorically, the list effectively makes development goals more important than the environmental goals. This de facto prioritization, however, is deeply flawed in two respects. First, as early sustainable development theorists acknowledged, the environment is the boundary of, not co-equal to, development, constraining potential progress both economically and socially. The Anthropocene’s rapidly accelerating deterioration of the global ecological and physical processes that make human development possible will ultimately constrain development options and potential. Second, human priorities will also change dramatically as adaptation to climate change — the most …

Data Driven Workforce Performance Planning, Christopher Barajas

Electronic Theses, Projects, and Dissertations

The business of logistics and transportation is increasing in demand and complexity and will do so into the future. As with many businesses in the digital age, large amounts of data is being generated at increasing speeds leading us all into the era of big data. A common result is that organizations are left data rich and information poor. At ABC Logistics, and many other third party logistics and transportation companies, the question is how to harness the data and create centers of excellence through business intelligence methodologies. This research project goes through the steps taken to identify an area …