Digital Commons Network^™

The Rider (2022-02-28), Verilu Infante

The Rider Archives

Vol.7 No.21

Race, Place, And Citizenship: The Influence Of Segregation On Latino Educational Attainment, Stella M. Flores, Suzanne M. Lyons, Tim Carroll, Delina Zapata

Minnesota Journal of Law & Inequality

No abstract provided.

Making Sex Matter: Common Restrooms As “Intimate” Spaces?, David B. Cruz

Minnesota Journal of Law & Inequality

No abstract provided.

Building A Radical Shift In Policy: Modifying The Relationship Between Cities And Neighbors Experiencing Unsheltered Homelessness, Brigid Kelly

Minnesota Journal of Law & Inequality

No abstract provided.

Chanticleer | February 2022, Jacksonville State University

Chanticleer

No abstract provided.

The Guardian, Week Of February 28, 2022, Wright State University Student Body

The Guardian Student Newspaper

News articles from The Guardian for the week of February 28, 2022. The Guardian is the official student-run newspaper for Wright State University. It has been published regularly since March of 1965.

Automating Fda Regulation, Mason Marks

Duke Law Journal

In the twentieth century, the Food and Drug Administration (“FDA”) rose to prominence as a respected scientific agency. By the middle of the century, it transformed the U.S. medical marketplace from an unregulated haven for dangerous products and false claims to a respected exemplar of public health. More recently, the FDA’s objectivity has increasingly been questioned. Critics argue the agency has become overly political and too accommodating to industry while lowering its standards for safety and efficacy. The FDA’s accelerated pathways for product testing and approval are partly to blame. They require lower-quality evidence, such as surrogate endpoints, and shift …

Punishment Clauses: Amending United States Constitutions To Pursue “Complete Abolition”, Sydney Osterweil-Artson

Cardozo International & Comparative Law Review (CICLR) Blog

The Universal Declaration of Human Rights (“UDHR”) proclaims, “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.” Though not legally binding, the document denotes international principles of fundamental human rights. The United States Constitution fails to enshrine the UDHR’s categorical denunciation of slavery and servitude, with the Thirteenth Amendment reading: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

This post was originally published on …

Copyright In Ecommerce: Conquering Fraudulent Advertising, Eliane Aini

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Business owners have a lot to consider when starting a business. Competing with themselves should not be something they need to think about. However, for businesses dealing with counterfeiters, this is exactly what is happening. Counterfeit products are not new to the market, but they have expanded drastically into the ecommerce and social media markets. A problem that is magnetized by selling counterfeit on the internet is that it has become even harder for buyers to recognize that they are not buying an original product.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on …

Native Americans And The Criminal Justice System, Kenneth Foster

Master of Arts in Criminal Justice Leadership

How does Native American culture affect policing and victim services? There are many contributors, including awareness and past traumas such as historical oppression and forced removal from homelands. Even though the people responsible for those actions are not around today, mistrust is still prevalent in the community. Ethical considerations must be incorporated into practice to bridge the gap with the shortcomings in the Native American community, such as trust, policing, and victim services. This is done by implementing utilitarianism, deontology, and administrative oversight. The inception of the Tribal Police is unique, as it started in 1800 and grew into modern-day …

Promoting Good Governance Using Icts In Nigeria, Augustine Nduka Eneanya

African Social Science Review

Good governance has emerged as a critical factor in assessing public managers all over the world. Using information communication and technologies (ICTs) to promote good governance, therefore, has become a veritable tool to boost social economic development in Nigeria. The purpose of this paper is to interrogate how ICTs can be used to promote good governance in Nigeria. The study adopted qualitative research technique. Data were collected from secondary sources, such as extant literature, journals, textbooks, internet and newspapers. Content-analysis technique was adopted to collect and analyze the data and elicit key concepts. Elicited key concepts were edited, pattern-matched, coded …

2022-February-25-Welcome To Etsu, University Marketing And Communication, East Tennessee State University

ETSU News

East Tennessee State University welcomes the following faculty and staff members who recently joined the university:

Matthew Newbauer is a police officer with the Department of Public Safety. He comes to ETSU from the Prince William County (Virginia) Police Department, where he served as a detective. He holds a B.S. degree in criminal justice from Bluefield University.

Michael Shoun is a grant secretary in the Clemmer College. He was previously a drummer with Thee Oh Sees, a touring band from San Francisco. He holds a B.A. degree from ETSU.

Published February 25, 2022, as part of the Accent email newsletter …

The Irrepressible Myth Of Jacobson V. Massachusetts, Josh Blackman

Buffalo Law Review

During the COVID-19 outbreak, Jacobson v. Massachusetts became the fountainhead for pandemic jurisprudence. Courts relied on this 1905 precedent to resolve disputes about religious freedom, abortion, gun rights, voting rights, the right to travel, and many other contexts. But Justice John Marshall Harlan’s decision was very narrow. It upheld the state’s power to impose a nominal fine on an unvaccinated person. No more, no less. Yet, judges now follow a variant of Jacobson that is far removed from the Lochner-era decision. And the Supreme Court is largely to blame for these errors. Over the course of a century, four prominent …

Focusing Presidential Clemency Decision-Making, Paul J. Larkin Jr.

Buffalo Law Review

The Article II Pardon Clause grants the President authority to award clemency to any offender. The clause contains only two limitations. The President cannot excuse someone from responsibility for a state offense, nor can he prevent Congress from impeaching and removing a federal official. Otherwise, the President’s authority is plenary. The clause authorizes the President to grant clemency as he sees fit, but the clause does not tell him when he should feel that way.

Historically, Presidents have generally used their authority for legitimate reasons, such as freeing someone who was wrongfully convicted, who is suffering under an unduly onerous …

Clouded Precedent: Tandon V. Newsom And Its Implications For The Shadow Docket, Alexander Gouzoules

Buffalo Law Review

The Supreme Court’s “shadow docket”—the decisions issued outside its procedures for deciding cases on the merits—has drawn increasing attention and criticism from scholars, commentators, and elected representatives. Shadow docket decisions have been criticized on the grounds that they are made without the benefit of full briefing and argument, and because their abbreviated, per curiam opinions can be difficult for lower courts to interpret.

A spate of shadow docket decisions in the context of free-exercise challenges to COVID-19 public health orders culminated in Tandon v. Newsom, a potentially groundbreaking decision that may upend longstanding doctrines governing claims brought under the Free …

Face Masks And Freedom Of Speech: The Constitutionality Of Illinois Face Mask Mandates Amidst The Covid-19 Pandemic, Israel M. Del Mundo

DePaul Law Review

No abstract provided.

Corporate Misconduct In The Pharmaceutical Industry, Richard C. Ausness

DePaul Law Review

No abstract provided.

The Ritual Of Riots: An Examination Of University And College Riots, 1990 – 2009, Sandra Marker

Great Plains Sociologist

Between 1990 and 2009 a wave of student riots washed across 52 college campuses and communities in the United States. Over 100 riots erupted from student festivities and sporting events. On a cursory level, today’s student riots in contrast to past Vietnam War Era campus riots that had a specific goal (i.e., ending the war), seem to have no particular aim nor objective other than the consumption of alcohol. This has led researchers to presume that excessive student drinking is a significant causal factor to these events; however, findings from initial student riot studies indicate that alcohol is neither a …

Fine-Tuning: The Emergent Order-Maintenance Architecture Of Local Civil Enforcement, Brendan M. Conner

Pace Law Review

No abstract provided.

Proper Cause For Concern: New York State Rifle & Pistol Association V. Bruen, Ali Rosenblatt

Duke Journal of Constitutional Law & Public Policy Sidebar

Gun rights and gun control advocates alike are watching the Supreme Court, to see what happens in New York State Rifle & Pistol Association, Inc. v. Bruen. In this pivotal Second Amendment case, the Court finds its first opportunity to substantially extend its 2008 decision in District of Columbia v. Heller, and to define the scope of the Second Amendment right to bear arms outside the home. The Court can decide this case narrowly by limiting its decision to the statutes at issue, New York’s “proper cause” regime (the “New York law”). Alternatively, the Court can rule broadly and use …

Fiscal Effects Of Commercial Fishing, Mining And Tourism Fiscal Years 2016-2019 What Does Alaska Receive In Revenue? What Does It Spend?, Bob Loeffler, Steve Colt

ISER Reports

No abstract provided.

How Uber’S Regulatory Success In The United States Slowed Its International Expansion, Grace A. Canfield

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Current - Volume 32 Issue 20, Nova Southeastern University

Student Newspapers

No abstract provided.

Predictors Of Retention And Passing National Council Licensure Examination For Registered Nurses, Nancy Susan Elkins

Dissertations

The current nursing shortage has challenged colleges to educate nurses at a faster pace than in previous times. Successful completion of the nursing programs and passing the National Council Licensure Examination for Registered Nurses (NCLEX-RN) exam is important for the students, faculty, and nursing programs. The purpose of this retrospective study was to investigate the possible predictors of completing the baccalaureate nursing program at a college in the eastern part of the United States and passing the NCLEX-RN licensure exam. Using Spearman's classical test theory and Seidman's retention formula as theoretical foundations, this study investigated historical data from 2 graduating …

The New Due Process: Fairness In A Fee-Driven State, Glenn Harlan Reynolds

Scholarly Works

Many parts of the criminal justice system are funded by revenue from "users" -- i.e., the accused, in the form of fines, fees, and forfeitures. Drawing on both existing Supreme Court authority and recent Court of Appeals decisions, we argue that a violation of due process exists when all participants in the criminal justice system, from police to court clerks, to prosecutors and judges, depend on revenues from pleas and convictions in order to function. Instead, we argue that due process demands that the criminal justice system be funded in ways that are not affected by the rate of arrest …

Facial Recognition Technology And Privacy: Race And Gender - How To Ensure The Right To Privacy Is Protected, Lindsey Jacques

San Diego International Law Journal

This Article specifically focuses on the use of FRT by the five permanent members of the United Nations (“UN”) Security Council which are China, France, the Russian Federation, the United Kingdom, and the United States (the five nations). As permanent members of the Security Council, these five nations are tasked with maintaining international security under the UN Charter.

National leaders in these countries are forced to face the question of whether the national security mitigating benefits of FRT outweigh the privacy and equity concerns the technology imposes for populations often considered the most vulnerable. This Article proposes solutions to this …

Can Covid-19 Teach Us How To End Mass Incarceration?, Amy Fettig

University of Miami Law Review

In this essay, the author argues that federal, state and local government response to the COVID-19 epidemic in prisons and jails was largely incompetent, inhumane, and contrary to sound public health policy, resulting in preventable death and suffering for both incarcerated people and corrections staff. However, the lessons learned from these failures provide a roadmap for policy priorities and legal reform in our ongoing need to decarcerate and end the era of mass incarceration, including: (1) rolling back extreme sentences, recalibrating sentences generally and providing for “second look” mechanisms to those currently serving sentences beyond 10 years; (2) ensuring that …

2022-February-22-Look Who's 4!, University Marketing And Communication, East Tennessee State University

ETSU News

JOHNSON CITY – (Feb. 22, 2022) It’s your birthday, Pepper!

She’s the rock star of ETSU Public Safety’s Community Canine program, and today, Pepper celebrates her 4^th birthday with students, faculty and staff. East Tennessee State University and Sodexo hosted a birthday party for Pepper in front of Starbucks at the D.P. Culp Student Center. 

Not only is it her birthday, but February also marks Pepper’s second anniversary at ETSU.  She arrived at ETSU in February 2020 and hails from Florida, where she was part of the Paws & Stripes Comfort Dog Program.

At ETSU, Pepper provides support for …

Covid-19 Newsletter (Vol. 107), Center For Disaster Medicine, New York Medical College

COVID-19 Newsletter

No abstract provided.

A Simple Solution To Policing For Profit, Penny J. White, Glenn Harlan Reynolds

Tennessee Law in the News

No abstract provided.