Digital Commons Network^™

Voiding The Federal Analogue Act, Andrew Fels

Nebraska Law Review

"Accordingly, [King Rex] announced to his subjects that he had written out a code and would henceforth be governed by it in deciding cases, but that for an indefinite future the contents of the code would remain an official state secret, known only to him and his scrivener. To Rex’s surprise this sensible plan was deeply resented by his subjects. They declared it was very unpleasant to have one’s case decided by rules when there was no way of knowing what those rules were."--LON L. FULLER, THE MORALITY OF LAW

If the Federal Analogue Act (Analog Act) is to be …

“Bang!”: Shotspotter Gunshot Detection Technology, Predictive Policing, And Measuring Terry’S Reach, Harvey Gee

University of Michigan Journal of Law Reform

ShotSpotter technology is a rapid identification and response system used in ninety American cities that is designed to detect gunshots and dispatch police. ShotSpotter is one of many powerful surveillance tools used by local police departments to purportedly help fight crime, but they often do so at the expense of infringing upon privacy rights and civil liberties. This Article expands the conversation about ShotSpotter technology considerably by examining the adjacent Fourth Amendment issues emanating from its use. For example, law enforcement increasingly relies on ShotSpotter to create reasonable suspicion where it does not exist. In practice, the use of ShotSpotter …

Salary Roster, 2022 June, Eastern Michigan University

EMU Salary Reports

No abstract provided.

Fighting Global Surveillance: Lessons From The American Muslim Community, Danna Z. Elmasry

University of Michigan Journal of Law Reform

The United States government has been spying on its citizens through a massive surveillance infrastructure that is unrestricted to a particular target or suspicion of wrongdoing. The statutory and regulatory authorities responsible for this infrastructure are sprawling and often secret. Built-in limitations and oversight mechanisms are riddled with loopholes or inaccessible due to exceedingly high thresholds. Litigation challenges to surveillance overreach often fail at standing. Under the current doctrine, plaintiffs must show that their own communications have been surveilled by a specific surveillance program. This Note contributes to surveillance reform by proposing a private right of action that sets the …

Low-Cost Uav Swarm For Real-Time Object Detection Applications, Joel Valdovinos Miranda

Master's Theses

With unmanned aerial vehicles (UAVs), also known as drones, becoming readily available and affordable, applications for these devices have grown immensely. One type of application is the use of drones to fly over large areas and detect desired entities. For example, a swarm of drones could detect marine creatures near the surface of the ocean and provide users the location and type of animal found. However, even with the reduction in cost of drone technology, such applications result costly due to the use of custom hardware with built-in advanced capabilities. Therefore, the focus of this thesis is to compile an …

North Hollywood To Burbank Airport Red Line Extension, Benjamin Lieber, Matthew Hu, Michael Lo

City and Regional Planning

The North Hollywood-Burbank Airport Red Line Extension is a proposal that plans to connect the Red Line from the North Hollywood Station to the Hollywood Burbank Airport. The main focus of the extension is to reduce traffic by allowing a direct Metro rail to the airport. Extending the line will help commuters traveling between Los Angeles to San Fernando Valley and new arrivals at the Hollywood Burbank Airport. In the proposal, commuters will have a direct connection to Amtrak’s Pacific Surfliner and Coast Starlight without having to travel down to Union Station. New arrivals will also have access to cities …

The Mustang Bridge, Dominic Loreto, Jacob Bulotti

City and Regional Planning

The purpose of this project is to develop a pedestrian overpass in San Luis Obispo, California at the entry of the city that will successfully provide crossing and safety on Boysen Ave. and Santa Rosa Street connecting Mustang village to university square. The current circulation routes have a significant impact on a community’s pedestrians, cyclists, and automobile drivers. Safety becomes a growing concern when the streets are illegally crossed in unsafe sections, putting everybody at risk. The planned environment will be revised and accurately assessed to provide safety, flexibility, and proper use of the circulation route in place. The community’s …

Bridge Project Prioritization, Bryan Gibson, Christopher Van Dyke, Sudhir Palle, Ryan Griffith, Doug Kreis

Kentucky Transportation Center Research Report

Kentucky’s 14,000+ bridges are key nodes within the state’s surface transportation network. They facilitate the movement of freight, commercial vehicles, and personal vehicles alike. Historically, the Kentucky Transportation Cabinet (KYTC) has prioritized bridge maintenance projects using sufficiency ratings. These ratings are based on three factors — structural adequacy and safety, design obsolescence, and an asset’s importance within the roadway network. Although useful, sufficiency ratings do not account for factors that should be considered during the prioritization process (e.g., condition factors, risk). To address the shortcomings associated with using sufficiency ratings, KYTC — with the assistance of the Kentucky Transportation Center …

Who Can Tax Telecommuters?: A Case For An Economic Presence Regime, Garry Canepa

The University of Chicago Business Law Review

Should telecommuters who work across states be taxed by the state that they are physically working in? By the state their office is located in? By both? This issue was raised in New Hampshire v. Massachusetts. There, New Hampshire challenged the taxing authority of a Massachusetts rule that taxed New Hampshire residents who had worked within a Massachusetts office prior to COVID-19 related restrictions but were telecommuting from New Hampshire. New Hampshire argued that the Massachusetts rule violated both the Due Process Clause and Commerce Clause. Since the Supreme Court had denied certiorari for this case, the constitutionality of the …

Tyson And Leviathan: Usda Rulemaking And The Psa Harm To Competition Requirement, Spencer James Parts

The University of Chicago Business Law Review

Facing concentration in meatpacking, farmers and ranchers are making increasingly urgent calls for protection from practices they claim make it difficult for them to earn a living. Among the statutes they have turned to for recourse is the Packers and Stockyards Act, a 1921 law that prohibits meatpackers from engaging in unfair, deceptive, or unjustly discriminatory practices. Courts, however, have made PSA cases more difficult to win by requiring that plaintiffs prove “harm to competition” to bring a successful case. Recently, the USDA has intervened in this debate, alternately supporting each side of the harm to competition question in controversial …

Examining The Effects Of Legalizing Marijuana In Colorado And Washington On Clearance Rates: A Quasi-Experimental Design, Cody Jorgensen, Alexis J. Harper

Criminal Justice Faculty Publications and Presentations

Objective This study follows the lead of Makin et al. (Police Quarterly 22(1): 31–55, 2019) who found that marijuana legalization is associated with a marginal increase in clearance rates for some crimes but not for others.

Methods We build on their work attempting to replicate their findings by using the synthetic control method and fixed-effects models. A 50-state panel data set was constructed and analyzed. The dependent variables were aggregated violence and property crime rates. The independent variable was dichotomously measured recreational marijuana legislation.

Results Marijuana legalization is not a meaningful avenue of increasing clearance rates.

Conclusion The synthetic …

2022 Community Needs Assessment Of Klamath County Residential Services And Housing Needs, Karen Cellarius, Aliza Tuttle, Jennifer Blakeslee

Regional Research Institute for Human Services

The PSU Regional Research Institute for Human Services (RRI) was asked by Klamath Basin Behavioral Health (KBBH) and the Oregon Health Authority (OHA) to conduct a community-wide needs assessment focusing on residential services and housing needs for populations that (1) Have behavioral health needs, and (2) Identify with a community experiencing inequities in access to health care resources.

The assessment was conducted in collaboration with KBBH and other community partners. Data sources included key informant interviews, written surveys of individuals impacted by mental health challenges and/or housing needs, and focus groups with representatives from underserved communities in Klamath County, Oregon. …

Automating Judicial Discretion: How Algorithmic Risk Assessments In Pretrial Adjudications Violate Equal Protection Rights On The Basis Of Race, Christopher Thomas, Antonio Pontón-Núñez

Minnesota Journal of Law & Inequality

No abstract provided.

Natural History And Community Science Records Confirm Rapid Geographic Shifts In The Distribution Of Bachman’S Sparrow (Peucaea Aestivalis) Since 1850, Amie E. Settlecowski, Kathryn E.C. Davis, James A. Cox, Stefan Woltmann, Sabrina S. Taylor

Faculty Publications

North American grassland birds colonized emerging habitat created by expanding agriculture in a pattern of eastward expansions from the mid-1800s to mid-1900s. These birds have been declining, since at least the mid-1900s, largely as result of anthropogenic landscape change. Only one bird that now breeds predominantly in southeastern pine savannas is thought to have experienced a concurrent range expansion into this region: Peucaea aestivalis (Bachman’s Sparrow). However, our understanding of the P. aestivalis expansion, and subsequent retraction to the southeastern United States, is largely based on a contemporaneous review of only a subset of historical records from beyond its modern, …

Behind The Screen: The Constitutionality Of Remote Testimony For Survivors Of Domestic Violence, Rachel Harris

UC Law Constitutional Quarterly

“Before my hearing for my order of protection, I knew that he would try to contact me through other people, send me flowers, send presents to the kids, and all of those things will make me feel powerless when I have to go into court and see him face-to-face. I knew after all of that I would tell the judge that I changed my mind and that I am going to give him another chance. But being on the screen, I tell you, gave me a sense of empowerment. When the judge asked me if I wanted an order of …

Once Mentally Ill, Always So? Maybe Yes. Maybe No: Addressing The 18 U.S.C. § 922(G)(4) Circuit Split And Lifetime Gun Bans For The (Formerly) Mentally Ill, Melissa J. Araiza

Nebraska Law Review

Under 18 U.S.C. § 922(g)(4), an individual who is adjudicated as mentally ill or who has received a prior involuntary commitment to a mental health institution may not possess a firearm.This federal code section was first established in the late 1960s, yet it remains unclear whether this regulation on firearms dispossession is a permanent or temporary disability.In Tyler v. Hillsdale County Sheriff’s Department (Tyler III), Clifford Tyler brought an as-applied constitutional challenge against § 922(g)(4), alleging that the statute was unconstitutional because it prevented him from possessing a firearm even though he was no longer mentally ill and …

Aging In South County: A Regional Needs Assessment, Caitlin Coyle

Center for Social and Demographic Research on Aging Publications

This report is being revised and will be available at a later date.

Principles Of Home Rule For The 21st Century, National League Of Cities

North Carolina Law Review

No abstract provided.

Do Local Governments Really Have Too Much Power? Understanding The National League Of Cities' Principles Of Home Rule For The 21st Century, Nestor M. Davidson, Richard C. Schragger

North Carolina Law Review

No abstract provided.

Local Budgets, Local Decisions: The Home Rule For The 21st Century Project's State Support For Local Democracy Provisions, Erin Adele Scharff

North Carolina Law Review

No abstract provided.

Making Meaning Of Covid-19: An Exploratory Analysis Of U.S. Adolescent Experiences Of The Pandemic, Gabriel M. Velez, Madeline Hahn, Brian Troyer

College of Education Faculty Research and Publications

The COVID-19 pandemic will mark the lives and trajectories of adolescents who lived through it. The pandemic upended social contexts, disrupted schools, and, for many, impacted the physical, financial, and psychosocial health of themselves, their families, and their communities. Contextual changes, however, are not solely deterministic of developmental outcomes. As Bronfenbrenner’s Ecological Systems Theory and Spencer’s Phenomenological Variant of the Ecological Systems Theory demonstrate, young people interpret, make meaning, and respond to socioecological contexts as part of their developmental processes. The current study explored meaning making qualitatively through how adolescents in the United States were experiencing COVID-19. Participants were asked …

Implied Warranties Of Quality On Used Motor Vehicles In Texas., John F. Hunt

St. Mary's Law Journal

Abstract Forthcoming.

Montclair Magazine (Spring/Summer 2022), Montclair State University

Montclair: The magazine of Montclair State University

No abstract provided.

Salary Roster, 2022 June, Eastern Michigan University

EMU Salary Reports

No abstract provided.

Textualism As Fair Notice?, Benjamin Minhao Chen

Washington Law Review

The opportunity to know the law is one of the bedrocks of legality. It is also a powerful and attractive reason for giving statutory language the meaning it has in everyday discourse. To do otherwise would be to hide the law from those it governs.

Or so the argument goes. Despite its intuitive force, the fair notice argument for textualism is vulnerable to two challenges. The first challenge is to the notion that fair notice requires congruence between ordinary and legal meaning. There is no normative gauge for determining the time and expense people ought to spend learning their legal …

Re-Directing The 50-Year-Long War On Drugs In The United States: Safe Injection Sites As The Necessary Weapons, Tessa Ptucha

Hofstra Law Review

No abstract provided.

Deprogramming Bias: Expanding The Exclusionary Rule To Pretextual Traffic Stop Using Data From Autonomous Vehicle And Drive-Assistance Technology, Joe Hillman

University of Michigan Journal of Law Reform

As autonomous vehicles become more commonplace and roads become safer, this new technology provides an opportunity for courts to reconsider the constitutional rationale of modern search and seizure law. The Supreme Court should allow drivers to use evidence of police officer conduct relative to their vehicle’s technological capabilities to argue that a traffic stop was pretextual, meaning they were stopped for reasons other than their supposed violation. Additionally, the Court should expand the exclusionary rule to forbid the use of evidence extracted after a pretextual stop. The Court should retain some exceptions to the expanded exclusionary rule, such as when …

Reconciliation, Restoration And Reconstruction Of A Conflict Ridden Country, Muhammad S. Riaz

Theses and Dissertations

Conflict has sadly been a constant part of history. Winning a conflict and making a lasting peace are often not the same thing. While a peace treaty ends a conflict and often dictates terms from the winners’ perspective, it may not create a lasting peace. Short of unconditional surrender, modern conflict ends with a negotiated cessation of hostilities. Such accords may have some initial reconstruction agreements, but Reconciliation, Restoration and Reconstruction (RRR) is a long term process. This study maintains that to achieve a lasting peace: 1) The culture and beliefs of the conflict nation must be continuously considered and …

The Pathological Whiteness Of Prosecution, India Thusi

Articles by Maurer Faculty

Criminal law scholarship suffers from a Whiteness problem. While scholars appear to be increasingly concerned with the racial disparities within the criminal legal system, the scholarship’s focus tends to be on the marginalized communities and the various discriminatory outcomes they experience as a result of the system. Scholars frequently mention racial bias in the criminal legal system and mass incarceration, the lexical descendent of overcriminalization. However, the scholarship often fails to consider the roles Whiteness and White supremacy play as the underlying logics and norms driving much of the bias in the system.

This Article examines the ways that Whiteness …

Cal Poly Campus Safety: Policy Proposal, Alan Cazares, Phung (Karen) Bich La, Junhyun Kim

City and Regional Planning

As described in this project, the California Polytechnic State University, San Luis Obispo is in need of improving the campus’s sense of safety and safety features. With an increasing student population and increasing dangers, the importance of safety for all is becoming evident. The COVID-19 pandemic has taught us that it is essential to have proper safety features and preventative measures in place to keep the student and faculty population safe. The project’s goal is to produce safety recommendations that could be used to amend the existing 2035 Campus Master Plan. Currently, safety is not a topic extensively covered in …