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Proceedings Of The 43rd Cusli Annual Conference On The State Of Out Nations: Coorperating On Climate Change - Conference Speakers, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Volume 44 (2020), Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Clarifying Washington's Approach To The Independent Duty Doctrine, Margaret Wykowski

Washington Law Review

When faced with limited or no recovery under contract law, resourceful lawyers often turn to tort law. The economic loss rule restricts this practice by barring recovery in tort for solely economic losses. However, what qualifies as “economic loss” is not always clear. In 2010, the Washington State Supreme Court announced it was clarifying the economic loss rule by adopting the independent duty doctrine. Rather than analyze the type of loss suffered, the independent duty doctrine determines whether a party owed a tort duty independent of the relevant contract, closely mirroring a traditional tort inquiry. When establishing the independent duty …

Keynote Speaker - The Impact Of Climate Change On Canadian-U.S. Defense, The Honorable John Mckay

Canada-United States Law Journal

No abstract provided.

Catch Me If You Can: The Federal Government's Long-Winded Chase To Round Up Immigrants And Defund Sanctuary Cities, Monika Chawla

Villanova Law Review (1956 - )

No abstract provided.

Urban Planning: Post Pandemic America, Tess Houseman

City and Regional Planning

Today’s urban planners have little to no experience dealing with pandemics as the modern focus in the field has turned away from infectious disease and public health and realigned itself with modest, long-term, encompassing health goals. Considering this, this analysis will focus on two historical case studies of past pandemics and what took place in their planning aftermath. The information garnered will then be used to hypothesize what new changes to state general plan guidelines may be warranted to mitigate the impacts of future pandemics.

The Balance Of Safety And Religious Freedom: Allowing Sikhs The Right To Practice Their Religion And Access Courthouses, Karamvir Dhaliwal

Seattle Journal for Social Justice

No abstract provided.

Narrative, Culture, And Individuation: A Criminal Defense Lawyer’S Race-Conscious Approach To Reduce Implicit Bias For Latinxs, Walter I. Goncalves Jr.

Seattle Journal for Social Justice

No abstract provided.

Ripples In The Pond: United States Supreme Court Decision Impact Predictions V. Reality, Bethany J. Ring

Chapman Law Review

No abstract provided.

The Application Of Neuroscience Evidence On Court Sentencing Decisions: Suggesting A Guideline For Neuro-Evidence, Yu Du

Seattle Journal for Social Justice

No abstract provided.

Bovine Emergency Response Plan (Berp) Program, Heidi Carroll

SDSU Beef Day 2020 Summary Publication

Annually in the United States, billions of livestock are marketed and transported for breeding, feeding, exhibition, and slaughter. On any given day, several hundred thousand head of livestock are on the road. The transport of livestock is an integral and economically significant part of all livestock industries, especially in South Dakota where animal agriculture ranks number one and animal recreational activities are prevalent. South Dakota roadways are also common truck routes for the movement of livestock within North America. Accidents involving livestock have increased over the years and pose unique challenges to first responders, law enforcement, and the public. The …

Aging In The City Of Attleboro: A Community Needs Assessment, Caitlin Coyle, Mary Krebs

Center for Social and Demographic Research on Aging Publications

This report describes research undertaken by the Center for Social & Demographic Research on Aging within the Gerontology Institute at the University of Massachusetts Boston, on behalf of the Attleboro Council on Aging. The goals of this project were to investigate the needs, interests, preferences, and opinions of Attleboro’s residents age 60 or older. The contents of this report are meant to inform the City of Attleboro, the Attleboro Council on Aging and Senior Center, and organizations that work with and on behalf of older residents of Attleboro for the purposes of planning and coordination of services. The report will …

Age-Friendly Chelmsford: A Livable Community For All Ages, Chelmsford Age-Friendly Action Plan, Jan Mutchler, Beth Rouleau, Ceara Somerville, Rebecca Mailman

Center for Social and Demographic Research on Aging Publications

Demographic patterns in Chelmsford indicate that the community will include more older residents moving forward. Projections suggest that by 2030, more than one out of three Chelmsford residents will be age 60 or older. Older residents represent an asset to the community and frequently take on disproportionate commitments to volunteer and civic engagements; capacity to take on these valued activities may be strengthened as the older population expands in number. At the same time, preparing for its aging population offers the opportunity for Chelmsford to re-evaluate its services, systems, and environmental features to ensure that they align with the needs …

Rf Power Amplifier, Angel De Jesus Delgado, Rachanon Wajanakunakorn, Andrew John Ferguson

Electrical Engineering

Wireless devices are part of everyday life, cellphones and radio receivers impact more people than any piece of technology. Thus, the respective building blocks continue to advance and achieve better performance. A primary component of all wireless communication systems is the power amplifier that drives the antenna. The Institute of Electrical and Electronics Engineers (IEEE) holds the International Microwave Symposium (IMS) every year where teams compete internationally for the most efficient RF Power Amplifier (PA). Power amplifier technologies strive to maximize efficiency and linearity. Topologies to consider are D, E, F, F-1 and Doherty since they have a maximum theoretical …

Assault On The Constitution: Why The Southern District Of California Got It Right, Robert F. Brawner Ii

Georgia State University Law Review

This Note will examine and analyze the tests applied by federal courts that have heard similar cases, culminating with the recent decision in the Southern District of California, Duncan v. Becerra. In Part I, this Note provides the context surrounding the current bill being considered by Congress and examines Supreme Court and federal circuit court cases addressing this issue. Part II provides analysis of application of the tests applied by the federal courts. Part III argues that the Supreme Court should adopt Judge Benitez’s reasoning laid out in Duncan and apply his test to any Second Amendment challenge to …

Borrowing From Millennials To Pay Boomers: Can Tax Policy Create Sustainable Intergenerational Equity?, Jonathan B. Forman, Roberta F. Mann

Georgia State University Law Review

At the outset, Part I of the Article provides an overview of sustainable intergenerational justice and tax policy. Part II then provides an overview of the U.S. tax system, deficits, and public debt. Part III then considers how taxes can influence the level of resources that are available to future generations, and Part IV considers how taxes can influence the mix of resources that are available to future generations.

Evidence, W. Randall Bassett, Val Leppert, Elijah T. Staggers

Mercer Law Review

In the 2019 term, the United States Court of Appeals for the Eleventh Circuit issued several opinions deciding evidentiary issues. Those opinions span a broad range of topics including constitutional limitations on admissible evidence, expert testimony, the scope of certain hearsay exceptions, and various other evidentiary rules. This article looks back at the Eleventh Circuit's 2019 term to highlight and analyze keynote decisions on those issues.

A World Of Distrust, Timothy M. Mulvaney

Faculty Scholarship

In District of Columbia v. Wesby, the Supreme Court recently considered whether a prudent officer had probable cause to make warrantless arrests at a festive house party. While reactions from scholars of criminal law are beginning to emerge, this Essay is the first to conceive of the decision through the lens of property theory. In this regard, the Essay offers two principal claims. First, on interpretive grounds, it contends that Wesby generated a de facto reallocation of property interests by abolishing both (a) the right held by the general public to access without fear of arrest those properties to which …

Remorse In Parole Hearings: An Elusive Concept With Concrete Consequences, Nicole Bronnimann

Missouri Law Review

Remorse is a profound and complicated emotion and it is one that is evaluated in a surprising number of legal contexts. One particularly high-stakes evaluation of remorse occurs in the context of discretionary parole, when a parole board is deciding whether to release an inmate back to the community. This Article explains the arguments justifying the evaluation of remorse in parole hearings, evaluates how remorse is directly and indirectly incorporated into a typical parole hearing, presents legal and psychological research about the effect that the presence or absence of remorse may have on parole commissioners’ judgment of inmates’ culpability and …

Out For Blood: The Expansion Of Exigent Circumstances And Erosion Of The Fourth Amendment, Tyler M. Ludwig

Missouri Law Review

The Fourth Amendment of the United States Constitution requires police officers to obtain a warrant before conducting a search of an individual. However, doing so is not always possible, and courts have created exceptions to this requirement in order to deal with pragmatic limitations. The need for these exceptions has often been presented to the United States Supreme Court in the context of obtaining blood alcohol concentration (“BAC”) tests from drivers suspected of driving under the influence. In Mitchell v. Wisconsin, the Supreme Court dealt with a new problem in this area: drawing blood from a suspected drunk driver who …

Uncovering The "Hidden Crime" Of Human Trafficking By Empowering Individuals To Respond, Laura Shoop

Georgia State University Law Review

This Note will examine current state law promoting awareness of human trafficking and identification of trafficking survivors in the United States and make recommendations as to what further measures, if any, state legislators should take to increase awareness, identification, and reporting of human trafficking. Part I explains the history and development of human trafficking legislation at the federal and state levels. Part II analyzes the methods that states currently use to promote public awareness and identification. Part III discusses a proposal for amending current state law to better encourage and facilitate awareness of human trafficking and the identification and reporting …

Douglas County Youth Impact! Cost/Benefit Analysis Revised Edition: 2019 Dollars, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Ryan E. Spohn

Reports

The Nebraska Center for Justice Research at the University of Nebraska-Omaha conducted an evaluation of Youth Impact! which was completed in 2014. Youth Impact! is the Douglas County implementation of the Crossover Youth Practice Model, as developed by Georgetown University’s Center for Juvenile Justice Reform. This project consisted primarily of: 1) a process evaluation, 2) an outcome evaluation, 3) a systems-impact analysis, and 4) a cost-benefit analysis. This evaluation suggested that the reduction in information silos across the juvenile justice and child welfare systems led to better decision-making because of interagency collaboration and information sharing, although agency professionals still faced …

Redemption At A Correctional Turning Point: Public Support For Rehabilitation Ceremonies, Leah C. Butler, Francis T. Cullen, Alexander L. Burton, Angela J. Thielo, Velmer S. Burton Jr.

Criminology and Criminal Justice Faculty Publications

The authors studied the extent to which the American public would support the implementation of rehabilitation ceremonies, including certificates. Using a national-level survey they commissioned YouGov to undertake, the authors examined public views about the redeemability of offenders--whether they believe that those convicted of felonies are intractably criminal or have the potential to change for the better. Results of the survey indicate substantial belief in offender redeemability and support for rehabilitation ceremonies and certificates.

Ride-Hailing Drivers As Autonomous Independent Contractors: Let Them Bargain!, Ronald C. Brown

Washington International Law Journal

“Autonomous” workers include most gig-platform drivers, like those working globally for Uber and Lyft, who are usually classified as independent contractors and are ineligible for labor protections and benefits. The “new economy” and its business model, with its fissurization and increased use of contingent and outsourced workers hired as independent contractors, provide employers flexibility and lower costs by shifting labor costs to the workers. Many of these workers operate more as employees rather than genuine independent contractors or self-employed entrepreneurs, causing lost employee labor benefits and costing the government billions of lost tax dollars. Legal attempts continue to classify these …

Energy And Economic Losses Due To Soiling On Utility Scale Pv Systems To Guide Timing Of Cost Effective Cleaning, Sophia Mcmillin Stockburger, Vicente Jesus Rios

Electrical Engineering

The purpose of this senior project is to develop and recommend a cleaning schedule for Goldtree Solar Farm that is both economically beneficial and an efficient use of cleaning for the client. Solar farms can have various factors that influence the cleaning schedule such as weather behavior, time of the year, soiling, and other factors. Through this senior project, the goal is to assess these factors effect on the solar farm to produce a cleaning schedule that will maximize energy production, maximize profits, and prevent insignificant cleaning

This analysis is motivated by defining and promoting the benefits of regular maintenance …

Beat The Heat: Texas’S Need To Reduce Summer Temperatures In Offender Housing, Mary E. Adair

St. Mary's Law Journal

The Texas Department of Criminal Justice’s lack of air conditioning in offender housing areas is a violation of the Eighth Amendment and deprives offenders of humane living conditions. Unlike most Texans, offenders housed in the TDCJ are unable to adequately protect themselves from the higher, prolonged summer temperatures. Most Texas prisons do not provide air conditioning or other types of cooling systems in offender housing areas, so offenders are at the mercy of the elements with little protection against heat-related illnesses. Several jurisdictions, other than Texas, have recognized extreme temperatures in housing areas can lead to constitutional violations because the …

Harlem Shake Meets The Chevron Two Step: Net Neutrality Following Mozilla V. Fcc, Christopher R. Terry, Scott Memmel

Washington Journal of Law, Technology & Arts

In October 2019, the D.C. Circuit handed down its much-anticipated decision in Mozilla v. FCC, relying heavily on Chevron Deference and the Supreme Court’s 2005 Brand X decision. The per curiam opinion upheld large portions of the FCC’s 2018 Restoring Internet Freedom Order, but also undermined the FCC’s preemption of state law while also remanding issues related to public safety, pole attachments, and the Lifeline Program to the agency, assuring that the legal and policy battles over net neutrality will continue. This Article traces the history of the FCC’s efforts on net neutrality as it has moved in and out …

U.S.-U.K. Executive Agreement: Case Study Of Incidental Collection Of Data Under The Cloud Act, Eddie B. Kim

Washington Journal of Law, Technology & Arts

In March 2018, Congress passed the Clarifying Lawful Overseas Use of Data Act, also known as the CLOUD Act, in order to expedite the process of cross-border data transfers for the purposes of criminal investigations. The U.S. government entered into its first Executive Agreement, the main tool to achieve the goals of the statute, with the United Kingdom in October 2019. While the CLOUD Act requires the U.S. Attorney General to consider whether the foreign government counterpart has a certain level of robust data privacy laws, the relevant laws of the United Kingdom have generally been questioned numerous times for …

Latin America 2020: Challenges To U.S. National Security Interests, Craig A. Deare

Strategic Monographs

U.S. national security interests in Latin America are undermined by three key threats: transnational criminal organizations, which exploit weak levels of governance across the majority of countries in the region; extra-regional actors, which fill the vacuum created by U.S. distraction and inattention to its neighborhood; and finally, a number of regional political actors embracing ideological positions opposed to open political systems and free markets, which undermine progress toward democratic governance and stability.

Criminal Law, Thomas D. Church

Mercer Law Review

Last year was another busy year for the United States Court of Appeals for the Eleventh Circuit. While the court continued developing federal criminal law within the circuit, the court was also forced to adjust its own precedents in light of several landmark opinions by the Supreme Court of the United States.

In United States v. Davis, for example, the Supreme Court struck down the residual clause in 18 U.S.C. § 924(c), thus overruling the Eleventh Circuit's en banc decision in Ovalles v. United States. Another one of the Supreme Court's most noteworthy opinions came on appeal directly from …