Digital Commons Network^™

Bringing Congress And Indians Back Into Federal Indian Law: The Restatement Of The Law Of American Indians, Kirsten Matoy Carlson

Washington Law Review

Congress and Native Nations have renegotiated the federal-tribal relationship in the past fifty years. The courts, however, have failed to keep up with Congress and recognize this modern federal-tribal relationship. As a result, scholars, judges, and practitioners often characterize federal Indian law as incoherent and inconsistent. This Article argues that the Restatement of the Law of American Indians retells federal Indian law to close the gap between statutory and decisional law. It realigns federal Indian law with the modern federal-tribal relationship negotiated between Congress and tribal governments. Consistent with almost a half-century of congressional law and policy, the Restatement clarifies …

Frontiers In Regulating Building Emissions: An Agenda For Cities, Danielle Spiegel-Feld

William & Mary Environmental Law and Policy Review

Recent developments in Congress and the Supreme Court have highlighted the folly of relying solely on the federal government to contain global climate change. If the United States is to help rein in the climate crisis, state and local governments will need to accelerate their efforts to reduce greenhouse gas emissions. In many urban areas, where most Americans now live, the most important step that local governments can take to curtail these emissions is to reduce energy use in buildings. Recognizing this, a number of American cities have adopted building performance standards (“BPSs”) in recent years, which limit the annual …

The Impact Of Crisis Intervention Team Training On Correctional Officer Burnout In A Southeastern State Prison, Jennifer L. Boyd

Doctor of Education (Ed.D)

This dissertation sought to ascertain whether or not Crisis Intervention Team (CIT) training could lower burnout in correctional officers (CO) in a Southeastern state prison system. Using an experimental learning theory in a quantitative, quasi-experimental approach, the researcher administered the pre-test and post-test assessments using Maslach Burnout Inventory to CO before CIT and 4-weeks after they completed CIT. The researcher concluded that CIT lowered burnout on CO in all areas of the MBI but was statistically significantly lower for emotional exhaustion and depersonalization.

Assessing The Constitutional Validity Of Substantiation Laws For Medical Device Safety And Effectiveness Under The Medical Devices Regulations And The Food And Drugs Act, Victoria Kongats

LLM Theses

This thesis examines federal scientific evidence requirements for medical device safety and effectiveness under the mainstream market entry licensing pathway under Part 1 of the Medical Devices Regulations, and under the new ‘agile’ market entry pathway, the Advanced Therapeutic Products Amendments, which amended the Food and Drugs Act. Apart from a narrow category of medical devices (near patient in vitro diagnostic devices), scientific evidence requirements are vague and do not enumerate explicit expectations for methodologically rigorous forms of scientific evidence. Medical device safety and effectiveness could be more predictable with explicit expectations for scientific rigour. The thesis analyzes if this …

Measuring And Assessing The Impact Of Race And Culture Assessments In Sentencing, Alexia Bystrzycki

LLM Theses

In recent years, the use of Impact of Race and Culture Assessments (“IRCA”) emerged in sentencing across Canada, especially in Nova Scotia and Ontario. Sentencing judges recognized that IRCAs “have the potential to provide a bridge between an accused’s experience with racial discrimination and the problem of over-incarceration” (R v Jackson, 2018 ONSC 2527). Consequently, IRCAs are helpful in achieving fit and proportional sentences. Using a mixed-methods approach, this thesis seeks to assess the impact of IRCAs on sentencing decisions. First, this thesis examines how judges apply IRCAs in crafting sentences by way of content analysis. Second, this thesis attempts …

Big Lagoon Sea Level Rise, Kyra Cohen, Malia Seeley, Dustin Helliwell, Albert Wolff

Student Projects

Cal Poly Humboldt Environmental Resources Engineering Senior Capstone.

The California Department of Transportation (Caltrans) is highly concerned sea level rise (SLR), due to climate change and the potential negative impacts on the California transportation system. SLR is especially important for routes constructed at low elevations and those immediately adjacent to the coast where SLR is one of the largest threats to the transportation system along the coast. Rising sea levels are expected to disrupt the daily lives of Californians, specifically the coastal economies, which increases the risk to public safety and contributes to the decline of ecosystems that are vital …

Redefining Safety: Latinx Migrant Perspectives On School Safety In Rural Pennsylvania High Schools, Elizabeth Garcia , '23

Senior Theses, Projects, and Awards

Redefining Safety: Latinx Migrant Perspectives on School Safety in Rural Pennsylvania. High Schools aims to answer the research question: What does a safe educational space look like for rurally based high school students from immigrant families? This thesis draws on my lived experiences growing up in a mixed-status immigrant family in rural, PA. Drawing from anthropological and interdisciplinary research that explores how marginalized communities experience and navigate systemic violence, this thesis explores themes in the Latinx immigrant community such as a contradictory sense of hyper surveillance and invisibility. Inspired by abolitionist and geographer Ruth Wilson Gilmore’s research, I focus on …

Medical Martial Law: Towards A More Effective Pandemic Policy, John W. Bagby, Robert J. Aalberts, Chad G. Marzen

Southern Illinois University Law Journal

This article synthesizes the political-economic geography regime with existing political subdivision modeling to predict the legitimacy of various authorities that might order Medical Martial Law. Such “districting” authority, as limited by the Constitutional right to travel, reveals a range of authorities to declare and enforce remediation of emergencies under various legal frameworks within defined geographic areas. The primary interdisciplinary approach used here is public policy, political economy and economic geography. We demonstrate how the latter contributes greatly. First, the science of spatial understanding is offered by physical geographers for the physical barriers that shape political borders and may define contagion …

State Of Tennessee Board Of Parole 2021-22 Annual Report, Tennessee. Board Of Parole.

Board of Parole

No abstract provided.

Salary Roster, 2022 October, Eastern Michigan University

EMU Salary Reports

No abstract provided.

Maximizing Youth Leadership In Out-Of-School Time Programs: Six Best Practices From Youth Driven Spaces, Jamie Heng-Chieh Wu, Alison Shereda, Sara T. Stacy, John Kenneth Weiss, Megan Heintschel

Journal of Youth Development

This paper aims to provide strategies for youth-serving organizations to maximize opportunities for youth to develop leadership skills within the out-of-school time program context. The sample includes 5 youth-serving agencies who participated in the Youth Driven Spaces initiative led by a Midwest program. Data for this project included observations of youth–adult meetings, field notes from youths’ reflections on key model activities, and interviews with adult staff to identify common challenges and supportive solutions. We identified 6 emergent themes for supporting youth leadership: (a) engage youth in meetings, (b) create opportunities for youth to learn how to be leaders, (c) recognize …

Sanctions, Financial Regulation, And Crypto In Latin America, Camilla Oliva

Cardozo International & Comparative Law Review

The note examines the intersection of corruption, financial regulation, and cryptocurrency in Latin America, arguing that U.S. sanctions and the lack of effective financial regulation have inadvertently enabled corruption in the region. It explores how cryptocurrencies, while offering potential solutions to financial instability, are also exploited by corrupt actors and governments to circumvent sanctions and regulatory frameworks. The analysis highlights the dual role of cryptocurrencies as both a tool for financial inclusion and a means of evading accountability, particularly in countries like Venezuela and El Salvador.

A Comparative Look At The Response To Organized Crime In The Ports Of New York-New Jersey And Vancouver, Julia Pjevach

Cardozo International & Comparative Law Review

The note examines the influence of organized crime in ports, focusing on the Port of New York/New Jersey and the Port of Vancouver. It highlights the effectiveness of the Waterfront Commission of New York Harbor in reducing crime through centralized regulation and contrasts it with Vancouver's decentralized approach, which lacks a unified policing mechanism. The analysis underscores the need for stronger regulatory measures and adaptive strategies to combat evolving criminal activities in both ports.

Solitary Confinement: What The United States Can Learn From England And Norway, Markus Wieshofer

Cardozo International & Comparative Law Review

The note argues that the United States should reform its solitary confinement system by adopting key aspects from England and Norway, such as robust oversight mechanisms and a rehabilitative focus, to address the harsh conditions and negative effects of solitary confinement on inmates.

The Impact Of Arrest History And Unemployment On Depression And Anxiety, Jennifer Alexis Beard

Theses and Dissertations

Literature has shown that individuals who have been incarcerated have difficulty in obtaining jobs after incarceration; therefore, ex-convicts are predicted to have an increased rate of depression and anxiety symptoms as opposed to the overall general public. However, little literature supports this theory, and little to no literature has been published with regards to individuals who have been apprehended. This study investigates the depression and anxiety levels of those who have an arrest record and have difficulty maintaining or finding employment. The sample’s arrest history and unemployment history were measured through self-reporting measures. Additionally, depression was measured through Beck’s Depression …

Pandemics In Hawaii, Rex Vicente Manglicmot

Dartmouth College Master’s Theses

Pandemics are a phenomenon that have existed throughout humanity. The associated diseases they have brought have affected societies’ economies, cultures, and demographics. The biomedical sciences and the field of public health have done tremendous work combating pandemics by researching disease etiology as well as developing effective therapeutics and preventive vaccines. However, with the recent rise of COVID-19 and the accompanying politicization of the pandemic, critique of public health professionals, and the ascendance of anti-vaxxers, we see that science alone is insufficient to persuade disbelievers to follow public safety protocols. The numbers alone are not enough, and a new persuasive lens …

The Effect Of Monitoring And Crowds On Crime And Law Enforcement: A Natural Experiment From European Football, Brad R. Humphreys, Alexander Marsella, Levi Perez

Economics Faculty Working Papers Series

Technological advancements like the presence of smart phones and body cameras have led to increased monitoring of police, but little evidence exists on their impact. We address these problems using data on fouls from football matches in five European football leagues over six seasons. This period contains exogenous changes in monitoring rule enforcers through introduction of Video Assistant Referee review and limited "bystanders" from Covid-19 restrictions. Results from difference-in-differences models estimated separately for each league indicate that both events influenced the number of fouls called with substantial heterogeneity across leagues and home/away teams.

Quality-Of-Service Provisioning For Smart City Applications Using Software-Defined Networking, Basima Kurungadan

Theses

In the current world, most cities have WiFi Access Points (AP) in every nook and corner. Hence upraising these cities to the status of a smart city is a more easily achievable task than before. Internet-of-Things (IoT) connections primarily use WiFi standards to form the veins of a smart city. Unfortunately, this vast potential of WiFi technology in the genesis of smart cities is somehow compromised due to its failure in meeting unique Quality-of-Service (QoS) demands of smart city applications. Out of the following QoS factors; transmission link bandwidth, packet transmission delay, jitter, and packet loss rate, not all applications …

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Constitutionality Of Texas’ Executive Orders Impacting The U.S.–Mexico Border, Beckett Cantley, Geoffrey Dietrich

Southern Illinois University Law Journal

“Federalism, central to the constitutional design, adopts the principle that both the National and State Governments have elements of sovereignty the other is bound to respect. From the existence of two sovereigns follows the possibility that laws can be in conflict or at cross-purposes.” The Supremacy Clause “provides a clear rule that federal law shall be the supreme Law of the Land.” Under this principle, Congress may preempt state laws that interfere or conflict with federal laws. United States courts have held that issues of immigration, and as they relate to national security or border security, are clearly federal and …

The Pacifican October 2022, University Of The Pacific

All Issues - Student Newspaper, The Pacifican, Pacific Weekly

No abstract provided.

Too Feminine For Execution?: Gender Stereotypes And The Media’S Portrayal Of Women Sentenced To Death, Kelsey M. Collins

Theses and Dissertations

Traditional gender norms prescribing women as more nurturing and less aggressive than men have led to both the reluctance to view women as capable of violence, as well as a greater willingness to execute men than women in the United States. To make sense of the instances where women are sentenced to death, the media often pathologizes and/or demonizes them. Scholars have found that demonizing and dehumanizing those executed is a necessity to the implementation of capital punishment, both in cases of male and female defendants. To better understand how the news media have framed the gender and racial narratives …

2022 October, Morehead State University. Office Of Communications & Marketing.

Morehead State Press Release Archive, 1961 to the Present

Press releases for October of 2022.

Natural Rights: Are They Protected Or Restricted By Democracy?, Mac Smith '26

Best First-Year Seminar Writing

No abstract provided.

A Second Look For Children Sentenced To Die In Prison, Kathryn E. Miller

Articles

Scholars have championed “second look” statutes as a decarceral tool. Second look statutes allow certain incarcerated people to seek resentencing after having served a portion of their sentences. This Essay weighs the advantages and disadvantages of these statutes as applied to children sentenced to die in prison and argues that focusing on this small, discrete group may be a digestible entry point for more conservative states who fear widespread resentencing. Moreover, because early data indicates that children convicted of homicide and released as adults have very low recidivism rates, second look beneficiaries are likely to pose little threat to public …

Policing The Police: Personnel Management And Police Misconduct, Max Schanzenbach

Vanderbilt Law Review

Police misconduct is at the top of the public policy agenda, but there is surprisingly little understanding of how police personnel management policies affect police misconduct. Police-civilian interactions in large jurisdictions are, in principle at least, highly regulated. But these regulations are at least partially counteracted by union contracts and civil service regulations that constrain discipline and other personnel decisions, thereby limiting a city’s ability to manage its police force. This Essay analyzes police personnel management by bringing forth evidence from a variety of data sources on police personnel practices as well as integrating an existing, but relatively siloed, literature …

January 6, Ambiguously Inciting Speech, And The Overt-Acts Rule, Alan Z. Rozenshtein, Jed Handelsman Shugerman

Faculty Scholarship

A prosecution of Donald Trump for his role in the January 6 attack on the Capitol would have to address whether the First Amendment protects the inflammatory remarks he made at the “Stop the Steal” rally. A prosecution based solely on the content of Trump’s speech—whether for incitement, insurrection, or obstruction—would face serious constitutional difficulties under Brandenburg v. Ohio’s dual requirements of intent and likely imminence. But a prosecution need not rely solely on the content of Trump’s speech. It can also look to Trump’s actions: his order to the remove the magnetometers from the entrances to the rally and …

Conservation Options: Conservation Easements, Flexibility, And The "In Perpetuity" Requirement Of Irc § 170(H), Molly Teague

Vanderbilt Law Review

Conservation easements have been closely tied to tax incentives since the 1970s, when Congress passed legislation to encourage land preservation. In an attempt to balance the desire to conserve more land with the desire to prevent tax abuses, Congress later passed § 170(h) of the Internal Revenue Code, which requires that conservation easements be donated “in perpetuity” to be eligible for the federal tax deduction.

As climate change increases global temperatures, shifts migratory patterns, and causes sea levels to rise, conservation easements’ ability to adapt to changing circumstances must also become part of Congress’s balancing equation. This Note evaluates the …

Raps Sheet, October 2022, Retirement Association Of Portland State

RAPS Sheet: Monthly Newsletter

No abstract provided.

Data Types, Data Doubts & Data Trusts, João Marinotti

Articles by Maurer Faculty

Data is not monolithic. Nonetheless, the word is frequently used indiscriminately—in reference to a number of distinct concepts. It may refer to information writ large, or specifically to personally identifiable information, discrete digital files, trade secrets, and even to sets of AI-generated content. Yet each of these types of “data” requires different governance regimes in commerce, in life, and in law. Despite this diversity, the singular concept of data trusts is promulgated as a solution to our collective data governance problems. Data trusts—meant to cover all of these types of data—are said to promote personal privacy, increase corporate transparency, facilitate …