Digital Commons Network^™

Deadly Drones? Why Faa Regulations Miss The Mark On Drone Safety, Steve Calandrillo, Jason Oh, Ari Webb

Articles

A rapidly growing commercial drone industry has prompted the introduction of numerous regulations governing American airspace. Congress has tasked the Federal Aviation Administration (FAA) with “developing plans for the use of the navigable airspace to ensure the safety of aircraft and the efficient use” of American skies. While well-intended, the FAA has departed from Congressional will by imposing an excessive regulatory regime that threatens to stifle drone technology and innovation. In fact, many FAA regulations fail to address the very problem they seek to fix, namely the safety of our airspace. The unfortunate result is that myriad scientific and pragmatic …

Talent Retention Strategies For Service Industry Managers Within Rust Belts, Tunisha Foley

Walden Dissertations and Doctoral Studies

Human capital flight jeopardizes the future of rust belt organizations. Service industry managers within rust belt cities are at high risk of failure. Framed by the talent management model, the purpose of this qualitative multiple case study was to explore strategies rust belt managers used to reduce human capital flight. Participants were 1 health care manager and 1 social assistance manager from Detroit, Michigan, and Flint, Michigan, respectively, who successfully implemented strategies to reduce human capital flight. Data were collected from semistructured interviews and business documents. Data were analyzed with inductive content analysis, word frequency searches, and theme interpretation. Three …

Prevention Of Sex Trafficking And Perspectives From Parents In Ogwa Community Edo State Nigeria, Nkechi Iwuoha

Walden Dissertations and Doctoral Studies

There is a high rate of trafficked girls and women from the Ogwa community in Edo state, Nigeria. The Edo government has developed a top-down centralized approach to the prevention of sex trafficking that has proved largely ineffective. The wholistic involvement of people in the decision-making regarding the strategies to prevent sex trafficking can directly create an impact through policy formulation and implementation. However, few studies have addressed the perspective of parents of vulnerable youth to positively impact the policy outcome on sex trafficking. Hence, the goal of this qualitative narrative inquiry study was to explore the perceptions of parents …

Firearm Restriction And Its Impact In Reducing Violent Crimes In California, Sampson C. Onwuka

Walden Dissertations and Doctoral Studies

There have been recurring incidents of gun violence, murder, and mass shootings that have raised public concern on the dangers of guns, and people have demanded government regulation on firearms usage. Studies have attributed these incidents to non-strict laws on guns; however, it was unclear whether firearm restrictions affected California's violent crime reduction. This quasi-experimental, quantitative study was focused on finding out the impact of gun violence restraining orders (GVROs) on violent crime reduction in California. Four research questions addressed the changes in the variables after the establishment of the GVRO. Secondary data from the California Department of Justice were …

Statement, Winter 2020, Office Of Communications & Marketing, Morehead State University.

Morehead State Alumni Association Publications

Statement Magazine of Morehead State University from the Winter of 2020.

Reform Prosecutors And Separation Of Powers, Logan E. Sawyer Iii

Scholarly Works

For decades, state and local prosecutors won election by promising to be tough on crime. Today, a new breed of prosecutor has gained prominence by campaigning on, and then implementing, reform agendas. Rather than emphasize the crimes they plan to prosecute, these reform prosecutors promise to use their discretion to stop the prosecution of certain crimes and halt the application of certain sanctions. They base their decision not on a lack of resources, but rather on a belief that the enforcement of those laws is unwise or unjust. Critics have decried such policies as both inappropriate and undemocratic. Prosecutors, critics …

Boots And Bail On The Ground: Assessing The Implementation Of Misdemeanor Bail Reforms In Georgia, Andrea Woods, Sandra G. Mayson, Lauren Sudeall, Guthrie Armstrong, Anthony Potts

Scholarly Works

This Article presents a mixed-methods study of misdemeanor bail practice across Georgia in the wake of reform. We observed bail hearings and interviewed system actors in a representative sample of fifty-five counties in order to assess the extent to which pretrial practice conforms to legal standards clarified in Senate Bill 407 and Walker v. Calhoun. We also analyzed jail population data published by county jails and by the Georgia Department of Community Affairs. We found that a handful of counties have made promising headway in adhering to law and best practices, but that the majority have some distance to …

Presidential Crimes Matter, Julian A. Cook

Scholarly Works

The resignations of United States Attorneys Geoffrey Berman and Jessie Liu from their respective positions in the Southern District of New York and the District of Columbia, and Attorney General William Barr’s and President Donald Trump’s persistent undermining of Special Counsel Robert Mueller’s Russian interference and obstruction of justice investigations and prosecutions are clarion calls to reform the process by which the executive branch criminally investigates itself. But there is another critical circumstance—the Special Counsel regulations—that has been largely overlooked and has been grossly underappreciated in the public discussion about undue executive branch influence. These regulations are foundational, their impact …

Boots And Bail On The Ground: Assessing The Implementation Of Misdemeanor Bail Reforms In Georgia, Sandra Mayson, Andrea Woods, Lauren Sudeall, Guthrie Armstrong, Anthony Potts

Scholarly Works

This Article presents a mixed-methods study of misdemeanor bail practice across Georgia in the wake of reform. We observed bail hearings and interviewed system actors in a representative sample of fifty-five counties in order to assess the extent to which pretrial practice conforms to legal standards clarified in Senate Bill 407 and Walker v. Calhoun. We also analyzed jail population data published by county jails and by the Georgia Department of Community Affairs. We found that a handful of counties have made promising headway in adhering to law and best practices, but that the majority have some distance to …

The Concept Of Criminal Law, Sandra Mayson

Scholarly Works

What distinguishes “criminal law” from all other law? This question should be central to both criminal law theory and criminal justice reform. Clarity about the distinctive feature(s) of criminal law is especially important in the current moment, as the nation awakens to the damage that the carceral state has wrought and reformers debate the value and the future of criminal law institutions. Foundational though it is, however, the question has received limited attention. There is no clear consensus among contemporary scholars or reformers about what makes the criminal law unique. This Essay argues that Antony Duff’s The Realm of Criminal …

Mother Nature, Lady Justice: Ecofeminism And Judicial Decision-Making, Jonathan Alexis Picado

Open Access Theses & Dissertations

Ecofeminism offers a feminist perspective that links gender to how humans relate to the natural world. As such, this framework explores the connections between the oppression of nature and the oppression of women, such as widespread views that both women and nature are property, are to be dominated, and are most valuable when cultivated and curated by men. I apply this philosophical and sociological framework to judicial decision-making, where women judges should view environmental issues as women's issues and thus be more likely to vote in favor of the environmental protections relative to her male peers. I evaluate this theory …

Seeing Transparency More Clearly, David E. Pozen

Faculty Scholarship

In recent years, transparency has been proposed as the solution to, and the cause of, a remarkable range of public problems. The proliferation of seemingly contradictory claims about transparency becomes less puzzling, this essay argues, when one appreciates that transparency is not, in itself, a coherent normative ideal. Nor does it have a straightforward instrumental relationship to any primary goals of governance. To gain greater purchase on how transparency policies operate, scholars must therefore move beyond abstract assumptions and drill down into the specific legal, institutional, historical, political, and cultural contexts in which these policies are crafted and implemented. The …

Perceived Barriers To Minority Female Recruitment And Retention In Law Enforcement, Lucy Lyles

Walden Dissertations and Doctoral Studies

Representative bureaucracy indicates that police agencies should reflect the communities they serve to improve public perception of the agencies. An underrepresented population in U.S. law enforcement is minority females. The purpose of this qualitative phenomenological study was to explore participants’ lived experiences regarding perceived barriers to the recruitment and retention of minority females in U.S. law enforcement agencies. The study used theories of representative bureaucracy and intersectionality as frames. Data were collected from 15 survey responses and semi-structured interviews with minority female officers from federal, state, and local law enforcement agencies in Maryland. The data analysis included contingency tables and …

Factors Affecting Migration And Its Perceived Impact On Selected Rural Barangays Of Valencia City, Bukidnon, Philippines, Isaac B. Gutierrez, John Erinorio M. Perez, Josefina T. Dizon, Nora Dm. Carambas

Journal of Public Affairs and Development

This study explored migration to rural areas in Valencia City, Bukidnon with the objective of determining migrant characteristics, factors influencing migration, and perceived impact of migration on the destination communities. Survey, focus group discussions (FGDs), and key informant interviews (KIIs) were used to collect data from migrants in the barangays of Barobo, Lourdes, Pinatilan, and Tugaya. The survey showed that 68% of the respondents migrated from areas within the province, which provided them with a relatively easy access to their hometowns and families therein. They were earning an average income of PhP 3,358 per month in their hometown and PhP …

Public Health Law Tools: A Brief Guide, Kristen Underhill

Faculty Scholarship

The COVID-19 pandemic offers a threat with few precedents in modern times and tests the tools of modern surveillance and public health law. The goal of this chapter is to provide a brief overview of the types of measures that state and federal governments can invoke to treat and prevent the spread of infectious disease. The following sections will provide an orientation to domestic public health law followed by the types of measures available to state and federal public health authorities.

Although this chapter does not consider international institutions, treaties, or norms that affect public health, these are also essential …

Reframing Affirmative Action: From Diversity To Mobility And Full Participation, Susan P. Sturm

Faculty Scholarship

Legality and efficacy call for reframing the affirmative-action debate within a broader institutional effort to address structural inequality in higher education. Although defending affirmative action as we know it continues to be important and necessary, it is crucial to identify and address the disconnect between affirmative action and higher education's practices that contribute to enduring racial and economic inequality and waning social mobility. There is a persistent and growing gap between higher education’s rhetoric of diversity, opportunity, and mobility and the reality of underparticipation, polarization, and stratification. That gap has racial, gender, and socioeconomic dimensions. The path to shoring up …

The New Restatement Of Children And The Law: Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott

Faculty Scholarship

This Essay is based on a previous article: Clare Huntington & Elizabeth Scott, Conceptualizing Legal Childhood in the Twenty-First Century, 118 Mich. L. Rev. 1371 (2020) (offering a comprehensive account of the Child Wellbeing framework).

Since the 1960s, the law regulating children has become increasingly complex and uncertain. The relatively simple framework established in the Progressive Era, in which parents had primary authority over children subject to a limited supervisory and protective role of the state, has broken down. Lawmakers have begun to grant children some adult rights and privileges, raising questions about their traditional status as vulnerable, dependent, …

Assessment Of Hydraulic And Structural Behavior Of Inundated Pavements, Mojtaba Asadi

Open Access Theses & Dissertations

Severe flooding events have increasingly inundated the transportation infrastructure, including road networks, across the world and the Unites States. Such extreme events induce significant ingress of water into the pavement layers, which in turn leads to structural defects due to the reduction of the shear strength and resilient moduli of the soil layers, asphalt stripping in flexible pavements, pumping effect in rigid pavements, migration of fines into drainable layers, and swelling of expansive soils. Consequently, premature pavement failure may take place that can impose unforeseen maintenance/rehabilitation costs to highway agencies. Although some experimental research studies have been conducted to assess …

All Faiths & None: A Guide To Protecting Religious Liberty For Everyone, Elizabeth Reiner Platt, Katherine M. Franke, Keisha E. Mckenzie, Katharine Rhodes Henderson

Faculty Scholarship

Religious liberty rights have been immeasurably damaged over the past several years — often in the name of protecting religious liberty.

Government officials have embraced Islamophobic policies and rhetoric; shut the door on refugees fleeing religious persecution; elevated the religious rights of their political allies over the rights — religious and otherwise — of other communities; used religion as a tool of economic deregulation; and denigrated the beliefs of religious minorities, atheists, and religious progressives.

To achieve true freedom for those of all faiths and none, a complete overhaul of religious liberty policy, and a new understanding of what this …

Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents, Masthead, and faculty for Lewis & Clark Law Review Volume 24, Issue 3.

Imperfect Evidence And Uncertain Justice: An Exploratory Study Of Access To Justice Issues In Canada's Asylum System

UBC Law Review

No abstract provided.

Full Disclosure: Family Violence And Legal Ethics

UBC Law Review

No abstract provided.

A Gis-Based Risk Assessment For Fire Departments: Case Study Of Richland County, Sc, Tracy Whelen

Theses and Dissertations

Risk assessments enable fire departments to be better prepared for future incidents and to engage in more effective prevention activities. A combination of physical, demographic, and behavioral risk factors combined form a community’s level of risk. This research shows how spatial and nonspatial statistical methods can be used within a GIS framework to create such a risk assessment, with the Columbia-Richland Fire Department in Richland County, SC being used as a case study. Hot spot analysis and thematic mapping of incident rates were used to assess the first research question – what is the spatial variability of structure fires, carbon …

Be Careful Where You Spit: Do Hipaa-Covered Genetic Tests Actually Provide Greater Privacy Protection To Consumers?, Emily B. Sklar

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Uas For Public Safety Operations: A Comparison Of Uas Point Clouds To Terrestrial Lidar Point Cloud Data Using A Faro Scanner, Joseph S. Cerreta, Scott S. Burgess, Jeremy Coleman

International Journal of Aviation, Aeronautics, and Aerospace

Unmanned Aircraft Systems (UAS) can be useful tools for public safety agencies during crime or vehicle accident scene investigations if it can provide value to the resource-constrained agency. The speed of data collection, while minimizing first responder risk, while sustaining an acceptable level of accuracy and precision compared to other tools is where the agency may find value. During a recent homicide investigation in Florida, a UAS provided saved 81% in law enforcement labor hours with an acceptable level of accuracy compared to traditional methods. The purpose of this research was to compare UAS to determine if there were differences …

Analysis Of The Icao Usoap Results In The Persian Gulf Region And Its Relation To The Economic Indicators, Mohsen Ghahremani

International Journal of Aviation, Aeronautics, and Aerospace

No abstract provided.

A Looming Pilot Shortage: It Is Time To Revisit Regulations, Christopher L. Caraway

International Journal of Aviation, Aeronautics, and Aerospace

Forecasts predict we will need 790,000 pilots by 2037. This prediction means airlines will need to increase pilot levels by 267%. Finding a solution to this pilot shortage requires the aviation community to address limiting regulatory and other core factors. Many have claimed that 1,500-hour rule and mandatory retirements are critical issues contributing to the pilot shortage. However, the data does not support these claims. Instead, trends in pilot population levels and safety records indicate these regulations are only effecting the demographics of the current pilot population. The shift in the pilot population will harm future airline operations if the …

Foundations In Wisconsin: A Directory (39th Ed. 2020), Mary C. Frenn, John Brick, Kelly Coughlin, Madeline Murphy, Catherine Simmerer

Foundations in Wisconsin: A Directory

The 2020 publication of Foundations in Wisconsin is the 39^th edition of the print directory and the 20^th year of the online database. The directory is designed as a research tool for grantseekers interested in locating information on private, corporate, and community foundations registered in Wisconsin. Each entry in this new edition has been updated or reviewed to provide the most current information available. Most of the data was drawn from IRS 990-PF tax returns filed by the foundations. Additional information was obtained from surveys, foundation websites, and annual reports.

Wisconsin foundations showed continued growth in both the …

The Sherman Act Is A No-Fault Monopolization Statute: A Textualist Demonstration, Robert H. Lande, Richard O. Zerbe Jr.

All Faculty Scholarship

The drafters of the Sherman Act originally designed Section 2 to impose

sanctions on all monopolies and attempts to monopolize, regardless whether the

firm had engaged in anticompetitive conduct. This conclusion emerges from the

first ever textualist analysis of the language in the statute, a form of interpretation

originally performed only by Justice Scalia but now increasingly used by the

Supreme Court, including in its recent Bostock decision.

Following Scalia’s methodology, this Article analyzes contemporaneous

dictionaries, legal treatises, and cases and demonstrates that when the Sherman

Act was passed, the word “monopolize” simply meant that someone had acquired

a monopoly. …

"Location, Location, Location": How Where A Prisoner Is Housed Influences The Prison Disciplinary Process, Phillip Thomas Whittington

Master's Theses

The primary objective of this research is to gauge the extent to which Illinois' prisons vary in the severity of disciplinary sanctions imposed upon prisoners found guilty of committing similar rule violations. This research also seeks to identify factors that are most determinative of severity of disciplinary sanctions imposed upon prisoners after accounting for variance between prisons. the sample was constructed using data provided by Illinois prison officials concerning all prisoners released from prison in Illinois during a four-year period who were found guilty of committing at least one rule violation during their last term of incarceration. the research objective …