Digital Commons Network^™

The Communitarian Deficit In The Usa: Three Telling Cases, Amitai Etzioni

SMU Science and Technology Law Review

Liberal communitarianism suggests that the balance between individual rights and the common good must be adjusted as historical conditions change. Much attention has been paid to violations of rights, e.g., by the police, for good reasons. This Article examines three new technologies that undermine public safety, a key common good, and asks whether they should be banned. The 2020 pandemic revealed that scores of millions of Americans objected, not merely to government mandates to take measures that are likely to spare fellow Americans a severe disease or death, but even to respond to moral calls, especially wearing a mask. This …

The Ada Constrained: How Federal Courts Dilute The Reach Of The Ada In Prison Cases, Prianka Nair

Faculty Scholarship

No abstract provided.

Uncovering An Alternative Social Structure To Social Dominance: A Blend Of Ethnography And Community Based Participatory Research, Andrew A. Fox

Electronic Theses and Dissertations

This study investigated social structures that are alternative to the prevailing assumption of Social Dominance Theory (SDT), which is that all human interaction is based on social hierarchies. The implications of social dominance impact health at an institutional, interpersonal, and intrapersonal level. The intersection of these levels of social dominance cause health disparities that perpetuate gaps between populations. This study explored one community organizing group who is challenging social dominance by creating alternative social structures. The methods of this study included Community Based Participatory Research (CBPR) and Arts Based Research (ABR) as ways to generate middle-range theorizing and attempt to …

Franco And Fraihat: The Unexpected Consequences Of Overlap, Romina Nemaci

Public Interest Law Reporter

No abstract provided.

Examining The 2021 Texas Power Grid Crisis, Dean Jepsen

Public Interest Law Reporter

No abstract provided.

Evaluating School Safety Using Environmental Design, Wade D. Key Jr

Doctor of Education Dissertations

A case study was conducted to establish baseline data in determining the efficacy of the safety and security program at two rural high schools. Using a publicly available Likert scale survey provided by the Centers for Disease Control (CDC), district and school leaders were surveyed to determine their perceptions of safety and security on the two campuses. The adult subjects were subsequently interviewed to elicit deeper meaning behind their scores. A second survey was administered to former students to provide compare/contrast data. Utilizing the data from the surveys and interviews, the district was able to determine those things it is …

Kansas V. Glover: Granting Law Enforcement Further Discretion To Conduct Investigatory Stops, Nicole Fullem

Maryland Law Review Online

No abstract provided.

Too Quick On The Trigger: How The Fourth Circuit's Review Of Regulatory Takings In Maryland Shall Issue, Inc. V. Hogan Failed To Consider The Complexities Of Takings Jurisprudence, Marie A. Bauer

Maryland Law Review Online

No abstract provided.

“Preservative Of All Other Rights”: Voting And Social Justice In The Post-Trump Era, Vinay Harpalani

Faculty Scholarship

As social justice advocates rejoice over Donald Trump’s defeat and look for paths forward, the biggest lesson comes from the 2020 presidential election itself. The right to vote is “preservative of all other rights[,]” and this past year underscored its importance more than ever. In the midst of the COVID-19 pandemic, high voter turnout—and especially high Black voter turnout—propelled Joe Biden to victory. Even as the Electoral College and partisan gerrymandering continue to undermine the popular will, America’s changing demographics favor people of color and progressives. Moreover, the elected branches of government have become more significant because Trump packed the …

A Gender And Race Theoretical And Probabilistic Analysis Of The Recent Title Ix Policy Changes, Jordan Wellington

Scripps Senior Theses

On May 6th, 2020, after extensive public comment and review, the Department of Education published the final rule for the new Title IX regulations, which took effect in schools on August 14th. Title IX is the nearly fifty year old piece of the Education Amendments that prohibits sexual discrimination in federally funded schools. Several of these changes, such as the inclusion of live hearings and cross examination of witnesses, have been widely criticized by victims’ rights advocates for potentially retraumatizing victims of sexual assault and discouraging students from pursuing a Title IX claim. While the impact of the new regulations …

The Impacts Of A Fall Detection Alert Device Utilizing Accelerometer And Image Processing Data, Kylie Nikolaus

Renée Crown University Honors Thesis Projects - All

No abstract provided.

Recreation, Vegetation Management, And Disease Impact Sympatric Carnivore Activity In California's East Bay Parks, Leigh J. Douglas

Cal Poly Humboldt theses and projects

East Bay Regional Park District designated over 1000 ha of protected wildland-urban interface habitat in the hills of California’s East Bay Area for invasive tree removal to reduce fire risk and restore native habitat over a 10-year period starting in 2016. From June to November 2019, 36 camera traps were deployed using a stratified two-pronged detection approach of surveying recreation and wildlife trails to assess the impact of vegetation management on the spatiotemporal distribution of sympatric carnivore species while accounting for potential impacts of human activity and proximity to development. The sampling effort resulted in 5,191 cumulative trap nights, 2,739 …

Municipal Resources, Michael Whitlow

Publications

No abstract provided.

Law, Labor, And The Hard Edge Of Progressivism: The Legal Repression Of Radical Unionism And The American Labor Movement's Long Decline, Ahmed White

Publications

No abstract provided.

Decarceration And Default Mental States, Benjamin Levin

Publications

This Essay, presented at “Guilty Minds: A Virtual Conference on Mens Rea and Criminal Justice Reform” at ASU’s Sandra Day O’Connor College of Law, examines the politics of federal mens rea reform legislation. I argue that current mens rea policy debates reflect an overly narrow vision of criminal justice reform. Therefore, I suggest an alternative frame through which to view mens rea reform efforts—a frame that resonates with radical structural critiques that have gained ground among activists and academics.

Common arguments for and against mens rea reform reflect a belief that the problem with the criminal system is one of …

Transformative Silence And Protest, Deborah J. Cantrell

Publications

Social movement protests have become common place in the last several years. Images come easily to mind of protestors marching down streets holding signs and chanting. Just as easily, images come to mind of counter-protestors yelling back, and law enforcement engaging protestors, often trying to control them with notable force. This Article recognizes that protestors often engage with speech, silence and the law in very pragmatic, but important ways. How does a locality handle permitting for protests? Are there noise restrictions to know about? How likely will it be that law enforcement will be present and making arrests? If there …

Prioritization Framework For Advanced Systems Of Urban Roads In The Context Of Smart Cities, Jinwoong Lee

Graduate Theses, Dissertations, and Problem Reports (ETD)

The concept of a smart city has emerged as a solution to resolve various urban challenges by applying advanced systems for the functions of the city (e.g., environment, economy, infrastructure, governance, and people). Urban infrastructure with the use of modern technologies, such as Information Communication Technology and the Internet of Things, plays an essential role in enhancing the capability of the city to resolve the challenges. Particularly, urban roads supported by advanced systems with modern technologies serve as a principal bedrock to establish a smart city. Witnessing the benefits from intelligent urban roads has promoted city stakeholders to make investment …

Progress, Georgia Southern University

College of Engineering & Computing: News & Publications (2010-2023)

Welcome to the new online version of Progress, the magazine of the Allen E. Paulson College of Engineering and Computing. We are approaching 10,000 subscribers, and as we are the College of Engineering and Computing, we think online is the way to go! This issue features three of our first female engineering graduates, a recent student success story, two of our pre-eminent female faculty, as well as one of our most influential female industry/business collaborations. Welcome to the Women of Engineering and Computing issue of Progress!

United States Nursing Homes And Health Equity During The Covid-19 Pandemic, Carla Cooper

College of Graduate Studies: Theses & Dissertations

Objective: The COVID-19 pandemic disproportionately affected older populations, with nursing homes impacted early on by the disease. The contribution of race/ethnicity of nursing home residents and facility characteristics on COVID-19 were unknown. The Donabedian model framework was used to study the relationship between the racial/ethnic characteristics of nursing home residents and COVID-19 outcomes and to examine if this relationship was moderated by the racial/ethnic composition of the county of nursing home location.

Method: Cross-sectional research design merging data from five publicly available sources. Laboratory confirmed COVID-19 cases and deaths were compared by the racial composition of the county and nursing …

Vaccinations, Religious Exemptions, And Covid-19 Responding To The Pandemic With A Mandatory Vaccination, Joseph Mendonsa

Student Works

No abstract provided.

The Precaution Adoption Process Model In Describing Emergency Action Plan Adoption, Samantha E. Scarneo-Miller, Douglas J. Casa, Shuang Yin, Timothy E. Moore, Yuki Murata, Johna Kay Register-Mihalik, Lindsay J. Distefano

Internet Journal of Allied Health Sciences and Practice

Purpose: The purpose of this study was to identify the ability of the Precaution Adoption Process Model (PAPM) to classify athletic trainers (ATs) and athletic directors (ADs) readiness to act with regards to adopting an emergency action plan (EAP), and describe factors influencing PAPM stages. Method: We used a cross-sectional questionnaire design to evaluate readiness to act for developing an EAP among ATs and ADs working in United States high schools. The PAPM is a participant-driven model to identify someone’s readiness to act or change and has seven stages: Unaware, Unengaged, Undecided, Decided not to Act, Decided to Act, Acting …

Lost In The Minefield: Fulton's Missed Opportunity To Strengthen Smith And The Separation Of Church And State, Matt Urban

University of the Pacific Law Review

No abstract provided.

Race And Prison Discipline: A Study Of North Carolina Prisons, Katie Michaela Becker

North Carolina Central Law Review

No abstract provided.

[Redacted] Addressing The Disclosure Of Medical Conditions, Mental Health Treatment, And Substance Abuse History In The Online Publication Of Court Documents In Massachusetts, Diana Hurtado

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law—Fourth Amendment Community Caretaking Exception Analysis Against The Community—Caniglia V. Strom, 953 F.3d 112 (1st Cir. 2020), Bianca Tomassini

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Transitioning To Legalization Of Cannabis In Washington State: Regulations’ Impacts On Commodification, Metabolism, & Labor Practices, Rob Loewen

All Master's Theses

This thesis provides an ethnographically grounded analysis of how existing regulations shape the legal recreational cannabis industry in Washington State. I examine the processes involved from seed to sale, including cultivation, processing, quality-control testing, and distribution of recreational cannabis. The goal of this research is to provide a greater understanding of how existing regulations were formed and how they shape social relations within the industry. This study seeks to answer the question: “How are the processes of production within the recreational cannabis industry, along with its labor force and its consumers, impacted by societal perceptions about cannabis, encapsulated within state …

Tennessee Forestry Commission 2021 Annual Report, Tennessee. Department Of Agriculture.

Forestry Commission Annual Report

No abstract provided.

Artificial Intelligence And The Rule Of Law, Aziz Z. Huq

Public Law and Legal Theory Working Papers

This chapter examines an interaction between technological shocks and the “rule of law.” It does so by analyzing the implications of a class of loosely related computational technologies termed “machine learning” (ML) or, rather less precisely “artificial intelligence” (AI). These tools are presently employed in the pre-adjudicative phase of enforcing of the laws, for example facilitating the selection of targets for tax and regulatory investigations (Coglianese and Lehr, 2016). They are also increasingly used during adjudication, for example, to facilitate and guide determinations of individual violence risk during pretrial bail determinations (Huq, 2019). Predictions of a general displacement of human …

Protecting Public Trust Shoreline Resources In The Face Of Sea Level Rise, Charles Lester

State & Federal Reports and Publications

This report concerns the protection of California’s public trust tideland resources in the face of sea level rise. It discusses issues related to the California Coastal Commission’s planning and regulation of development on the immediate shoreline and adjacent uplands, including coordination with the California State Lands Commission.

Krawiec V. Manly, Abigail Demasi

NYLS Law Review

No abstract provided.