Digital Commons Network^™

How The Gun Control Act Disarms Black Firearm Owners, Maya Itah

Washington Law Review

Through 18 U.S.C. § 924(c), the Gun Control Act (GCA) outlaws the possession of a firearm “in furtherance of” a drug trafficking crime. The statute’s language is broad, and federal courts have interpreted it expansively. By giving prosecutors wide discretion in charging individuals with § 924(c) violations, the language enables the disproportionate incarceration of Black firearm owners.

This Comment addresses this issue in three parts. Part I discusses the ways early gun control laws overtly disarmed Black firearm owners. Additionally, Part I provides context for the passage of the Gun Control Act of 1968, which coincided with the backlash to …

Exacting Inclusion: Property Theory, The Character Of Government Action, And Implicit Takings, Donald J. Smythe

Chapman Law Review

Recent takings cases challenging inclusionary housing ordinances tap into an ongoing controversy about whether government interventions in the housing market do more harm than good; but they also raise much more general questions about takings law. This Article uses the controversy raised by recent housing cases to probe the relationship between the Supreme Court’s regulatory takings jurisprudence and its exaction takings jurisprudence and to suggest a more coherent approach to implicit takings. The Court’s exaction takings jurisprudence is well-designed if it is applied appropriately. As a general matter, it encourages the mitigation of socially harmful nuisances, incentivizes developers to make …

Swosu Fact Book Fall 2021, Joel Harrel Kendall, Diane Fitzsimmons, Kayleigh Brown

Fact Books

The 30th annual Southwestern Oklahoma State University Fact Book provides a ready source of information to answer frequently asked questions about the University and its operations. The Fact Book is compiled annually by the Office of Institutional Research to assist the university with strategic planning, academic program reviews, grant writing, accreditation, and institutional information to help guide decision-making. The report is designed to help faculty, staff, administrators, and external stakeholders better understand the student body and university trends. The data analyzed for this report was collected from 2012 to 2021.

Unless otherwise noted, the information in the Fact Book is …

Business Interruption Insurance: The Future Of Pandemic Exclusions, Micaylee R. Uhls

Southern Illinois University Law Journal

The COVID-19 pandemic presented many challenges and businesses were not immune. Corporations and small businesses alike faced closures due to the pandemic and related governmental shutdowns which left them desperate for the lifeboat that is insurance coverage. However, the majority of these businesses were excluded from this coverage. Business Interruption Insurance is the “ark” that keeps business afloat when they are faced with temporary closures. However, when insurers were looking for their lifeboat, they found nothing but a quickly deflating raft.

Insurance, in its most simple terms, is a contract for balancing of risks. Insurance policy exclusions are the primary …

Developing Notification And Enforcement Systems To Communicate And Administer Bridge Load Postings, Hany Hassan, Hisham Abdu Kunnah

Data

State and local law enforcement agencies in the US strive to enforce weight restrictions on trucks and heavy vehicles travelling on public roads as a matter of public safety and as a way of safeguarding vital transportation infrastructure. This research aimed to identify plausible notification systems that can effectively communicate bridge load postings to dispatchers and drivers, investigate and suggest possible approaches to communicate potential detour routes, and identify corresponding enforcement methods required to successfully administer bridge load postings. This report discusses the current practices of bridge load posting notification and enforcement systems. Also, it presents an overview of the …

The Israeli Case For The Applicability Of The Presumption Of Innocence To Indicted Public Officeholders, Rinat Kitai-Sangero

California Western International Law Journal

No abstract provided.

Greenhouse Gas Inventory Of Transportation And Driving Habits At Gettysburg College, Flavia Soctto D'Antuono, Megan G. Wojnar

Student Publications

By tracking the overall emissions put out by a college campus, mitigation strategies can be researched to lower total emissions. This study utilized a survey for both the student body and faculty and staff members at Gettysburg College in Gettysburg, Pennsylvania. This survey allowed this study to answer three research questions; what is the total number of Scope 3 emissions at Gettysburg College, how do these findings compare to findings from 2009 and the 2016 STARS report for Gettysburg College, and if any potential mitigation strategies are welcomed by the campus community. This study examined five major driving related emission …

Agents Of Place: Negotiations Between Artist And Government In Philippine Public Art, Pristine L. De Leon

Fine Arts Department Faculty Publications

The paper inquires into public art produced by artists and government authorities. It interprets collaboration as a site of negotiating various interests; holding possibilities for both disruption and complicity; antagonism and amelioration. The research considers two art projects in the Philippine context: first; the Paoay sand dunes sculpture park made between 2012 and 2015 in the Northern Ilocos region; and second; the ongoing Pasig River Art for Urban Change; beginning with Bakawan in 2015 in the Philippine capital Metro Manila. As both involve the artist Leeroy New (b. 1986) working with different government agencies; the paper tracks inconspicuous shifts not …

Lifting The Veil By Covering It: European Prohibitions On The Practice Of Veiling Constitute The Forced Covering Of Muslim Women, C. Scott Maravilla

University of Baltimore Law Review

No abstract provided.

Exacting Inclusion: Property Theory, The Character Of Government Action, And Implicit Takings, Donald J. Smythe

Faculty Scholarship

Recent takings cases challenging inclusionary housing ordinances tap into an ongoing controversy about whether government interventions in the housing market do more harm than good; but they also raise much more general questions about takings law. This Article uses the controversy raised by recent housing cases to probe the relationship between the Supreme Court’s regulatory takings jurisprudence and its exaction takings jurisprudence and to suggest a more coherent approach to implicit takings. The Court’s exaction takings jurisprudence is well-designed if it is applied appropriately. As a general matter, it encourages the mitigation of socially harmful nuisances, incentivizes developers to make …

Mandatory Minimum Reforms, Sentencing, And Racial-Ethnic Disparities, Terry Ann Craigie, Mariyana Zapryanova

Economics: Faculty Publications

Over the last 20 years, numerous states and the federal government enacted mandatory minimum reforms, especially for drug offenses. Yet little is known about how effective these reforms have been at the state-level in lowering drug sentences. Using quasi-experimental methods and administrative data, this study evaluates the impact of state-level mandatory minimum reforms on drug sentences and their concomitant racial-ethnic disparities. We find that state-level mandatory minimum reforms do not lower drug sentences in general or change racial-ethnic disparities statistically significantly. These findings suggest that the profound racial-ethnic bias sparked by state-level mandatory minimums are not fully ameliorated by subsequent …

A "Second-Class Right" For "Second-Class Citizens", Benjamin A. Rice

SMU Law Review Forum

In McDonald v. City of Chicago, the Supreme Court countenanced against treating the Second Amendment as a “second-class right.” Against this admonition, congressional defunding of federal restorative programs has rendered the amendment a second-class right for an ever-increasing and much-maligned group of people: those who have been adjudicated as mentally ill. In a majority of states, those who have been involuntarily committed at any point in their lives to a mental health institution lose the right to bear arms for life. Taking guns out of the hands of those who have enjoyed decades of good mental health after a brief …

Suny Cortland Handbook 2021, State University Of New York College At Cortland

SUNY Cortland Handbook

No abstract provided.

Infrastructure Risk Reduction: The Case Of Drinking Water Emergencies, Mark Paine

Dissertations

Public water systems are an integral part of community infrastructure. Drinking water contamination or service disruptions have the potential to cause economic losses, limit fire suppression capability, and result in human illnesses. Until 2016, the United States federal government had not issued a disaster declaration due to contaminated water. The first federal drinking water disaster declaration due to contaminated water serves as a sentinel event demonstrating the need to increase focus on public water systems during all phases of emergency management: mitigation, preparation, response, and recovery. Previous studies evaluating risks to vulnerable populations associated with drinking water primarily utilized qualitative …

Immigration Federalism: What Amount Of Agency Do State And Local Governments Have In Immigration Related Policy Areas?, Olivia Rau

SPNHA Review

This analysis will seek to provide data on the modern topic of immigration federalism and will examine the question; what amount of agency do state and local governments have in immigration related policy areas? To start, a discussion on the evolution of the contemporary U.S. immigration system will set the context of the analysis and will lead into scholarly considerations on the dynamics of federalism and the emerging notion of immigration federalism. Following this, we will outline areas that state and local governments have used to encourage or discourage migration into their communities. Findings and trends will then be drawn …

Breathing Room For The Right Of Assembly, Tabatha Abu El-Haj

William & Mary Journal of Race, Gender, and Social Justice

This Article explores the legal and political fault lines that the wave of protests highlighting police violence and systemic racism in the summer of 2020 reveal. It focuses in depth on Detroit, Michigan, as a window into the ways that the First Amendment, as currently construed, under-protects those seeking political change and racial reckoning by demonstrating in the streets.

#Blacklivesmatter: From Protest To Policy, Jamillah Bowman Williams, Naomi Mezey, Lisa Singh

William & Mary Journal of Race, Gender, and Social Justice

We find that the protests of 2020 did indeed begin a paradigm shift in the social awareness of racialized police violence, and this important and significant social change has in turn already inspired political change and some degree of legal and policy change. However, the movement remains in a precarious position and it is uncertain how enduring these changes will be. While many state legislators and local officials have responded to the protests with policy reforms, policy action at the federal level is mostly stalled. In addition, it is unclear whether the state and local policy changes will lead to …

Graduate Studies Newsletter (Fall 2021), Csusb - Office Of Graduate Studies

Graduate Studies Newsletter

No abstract provided.

Front Matter

Dickinson Law Review (2017-Present)

No abstract provided.

Cyberterrorism And The Public Safety Exception To Miranda, Mitch Snyder

Dickinson Law Review (2017-Present)

Cyberattacks against U.S. targets are becoming increasingly common. To effectively combat these attacks, law enforcement officers need the tools to respond to and prevent cyberattacks before they can occur.

In recent years, hackers have launched cyberattacks against infrastructural targets such as power grids, oil and gas distribution computer systems, and telecommunications networks. Cyberattacks have also targeted U.S. government websites, including the U.S. Department of Transportation and the U.S. Department of Treasury. Recently, a cyberattack against SolarWinds, a Texas-based I.T. company, compromised the computer and network systems of federal, state, and local governments; critical infrastructure entities; and other private sector organizations. …

Removing Roadblocks: Alternatives To Lawful Status And Social Security Number Requirements For Pennsylvania Driver’S Licenses, Miranda Sasinovic

Dickinson Law Review (2017-Present)

As part of their traditional state police powers, states determine the eligibility requirements for their driver’s licenses. Standard eligibility requirements include proof of age, residency, identity, and knowledge. In the 1990s, some states amended their vehicle codes to require proof of lawful status, effectively barring undocumented immigrants from obtaining driver’s licenses.

In response to inconsistent issuance and verification standards, Congress passed the REAL ID Act of 2005. The Act prohibits federal agencies from accepting state driver’s licenses for official purposes unless states comply with minimum issuance and verification standards. These standards include requirements to verify Social Security numbers and lawful …

Disarming Abusers And Triggering The Sixth Amendment: Are Domestic Violence Misdemeanants Guaranteed The Right To A Jury Trial?, Julia Hatheway

Fordham Law Review

Domestic violence is a global issue, but in the United States it is especially lethal. Hundreds of women are shot and killed in the United States by intimate partners every year. Federal and state legislatures have enacted laws that focus on the issue of domestic violence and gun violence. In 1996, Congress passed the Lautenberg Amendment to the Gun Control Act of 1968, which permanently prohibits individuals convicted of domestic violence misdemeanors from possessing firearms. Twenty-nine states and the District of Columbia have also enacted laws that mirror the Lautenberg Amendment. In many jurisdictions, misdemeanor domestic violence convictions carry a …

Ephemeral Messaging Applications And The Presidency: How To Keep The President From Blocking The Sunshine, Caroline Madison Pope

North Carolina Journal of Law & Technology

No abstract provided.

"Very Complex Questions": Zoos, Animals, And The Law, Dana Mirsky

William & Mary Environmental Law and Policy Review

In Sulawesi, Indonesia—forty-five thousand years ago, an artist painted what is now the world’s oldest known cave painting—a life-size image of a wild pig. Forty thousand years later, the elite of Hierakonpolis, Egypt, housed elephants, hippos, and baboons in the world’s oldest known zoo. Today, individuals keep exotic fish, reptiles, and birds as pets while zoos and aquariums display some of the largest and rarest animals on the planet. The human fascination with wild animals is clearly not a new phenomenon, but how and why we keep wild animals have evolved over time. Zoos in particular have changed dramatically just …

Rf Fingerprinting Unmanned Aerial Vehicles, Norah Ondus

Doctoral Dissertations and Master's Theses

As unmanned aerial vehicles (UAVs) continue to become more readily available, their use in civil, military, and commercial applications is growing significantly. From aerial surveillance to search-and-rescue to package delivery the use cases of UAVs are accelerating. This accelerating popularity gives rise to numerous attack possibilities for example impersonation attacks in drone-based delivery, in a UAV swarm, etc. In order to ensure drone security, in this project we propose an authentication system based on RF fingerprinting. Specifically, we extract and use the device-specific hardware impairments embedded in the transmitted RF signal to separate the identity of each UAV. To achieve …

Teachers' Implementation And Application Of Social-Emotional Learning Training In The Classroom, Ricky Pierre

Doctor of Education (Ed.D)

Social-emotional learning (SEL) has become a part of education to enhance learning by catering to students' personal and social advancement. Unlike many other districts, this local district has pushed for a more unified process to implement SEL in the classrooms. The implementation of SEL varies from one district to another. However, a factor to SEL's successful implementation is adequate training for classroom teachers. Another factor that affects its implementation is the perception with which classroom teachers apply the concepts acquired from the training. The research data highlights the benefits of SEL effectively implemented at the classroom level. Classroom teachers are …

Urban Mayors Press-Fall 2021, John S. Watson Institute For Urban Policy & Research At Kean University

Urban Mayors Policy Center

The Urban Mayors Press is a digital newsletter created to highlight the impactful work of New Jersey Urban Mayors Association (NJUMA) members and to provide resourceful information to municipalities throughout New Jersey from federal, state and local agencies.

Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow

Washington Law Review

Civil asset forfeiture laws permit police officers to seize property they suspect is connected to criminal activity and sell or retain the property for the police department’s use. In many states, including Washington, civil forfeiture occurs independent of any criminal case—many property owners are never charged with the offense police allege occurred. Because the government is not required to file criminal charges, property owners facing civil forfeiture lack the constitutional safeguards normally guaranteed to defendants in the criminal justice system: the right to an attorney, the presumption of innocence, the government’s burden to prove its case beyond a reasonable doubt, …

Immigration Detention As An Obstacle To Decarceration, Pedro Gerson

Faculty Scholarship

Criminal legal reform and measures to reduce carceral populations have received increasing media and public policy attention nationwide. These efforts have mainly ignored a parallel development: the consistent rise in the use of immigration detention over the last decade. This Article bridges that gap by arguing that ongoing efforts to decarcerate states and localities may be foiled by immigration detention. This argument relies on three different descriptive claims. First, much scholarly work has shown the extent to which vested interests have hampered criminal legal reform; these same interests could look to immigration detention as an alternative protection. Second, the extent …

Servitudes Done "Proper"Ly: Propriety, Not Contract Law, Elizabeth Elia

Faculty Scholarship

The law of servitudes has changed dramatically in the last hundred years. Legal scholars have been successful in documenting these changes in case law, but less successful in articulating a unified set of principles that guide the current law of servitudes. One explanation that received significant attention is the idea that efficient recording systems in the United States have liberated property owners from the constraints of traditional property laws disfavoring servitudes and have allowed these owners the broader freedoms of contract law. However, this explanation, and the sweeping common law reforms that flow from it, have not resonated with courts. …