Digital Commons Network^™

The South Carolina Beachfront Management Act And Debordieu Colony: A Case Study In South Carolina's Beach Erosion Issues, Julian Henning Iv

South Carolina Law Review

No abstract provided.

A State Of Affairs For A State In Need Of Repairs: An Analysis Of South Carolina's Separation Of Powers Precedent, Domenic J. Sciortino

South Carolina Law Review

No abstract provided.

The Quest To End Human Trafficking: An Educational And Practical Guide For Everyone Who Wants To Help Break The Bonds And Assist Survivors, Dennis W. Mccarty

Emergency Preparedness, Homeland Security, and Cybersecurity Faculty Scholarship

People often assume that only legislators and law enforcement personnel can take meaningful steps to fight human trafficking, one of the most lucrative transnational crimes in the world. This inquiry sought to assess the validity of that belief. The study was informed by the author’s experience as a college instructor of human trafficking and the inspiration he drew from the range and quality of his students’ projects.

The methodology included examining the strategies that governmental and non-governmental organizations are using to fight trafficking and assist survivors. It also considered the work of individual activists and service providers such as social …

Regulating Artificial Intelligence In International Investment Law, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

The interaction between artificial intelligence (AI) and international investment treaties is an uncharted territory of international law. Concerns over the national security, safety, and privacy implications of AI are spurring regulators into action around the world. States have imposed restrictions on data transfer, utilised automated decision-making, mandated algorithmic transparency, and limited market access. This article explores the interaction between AI regulation and standards of investment protection. It is argued that the current framework provides an unpredictable legal environment in which to adjudicate the contested norms and ethics of AI. Treaties should be recalibrated to reinforce their anti-protectionist origins, embed human-centric …

“The Development Of The Conceptive Plot Through Early 19th-Century English Novels”, Jannea R. Thomason

Dissertations (1934 -)

My dissertation, “The Development of the Conceptive Plot through Early 19th Century English Novels,” reads these novels through the history of midwifery and reproduction to show how authors developed a coherent set of narrative features to challenge ideas about women’s agency in reproduction. Building on recent explorations of the maternal and feminist aspects of the novels, I further nuance the representations of women and reproduction in the novels. Nineteenth-century authors explored reproductive rhetoric, law, and medical practices, and their explorations appear as what I call “the conceptive plot”: a set of narrative features illustrating how different systems strip women of …

Mitigating Trail Troubles: An Analysis Of The Virginia Recreational Land Use Statute, Rachel Rogers, Cooper Vorel

Virginia Coastal Policy Center

While the overall focus of this discussion is on the law of Virginia, it is often useful to look elsewhere for comparative purposes. This is especially important when it involves considering the future of Virginia’s recreational land use statute. The overall objective of this discussion is to supplement Virginia’s existing recreational land use legal regime by exploring specific issues related to Virginia’s statutory scheme and identifying areas where further research may be needed.

Four issues involving recreational land use statutes are explored herein. First, the scope of recreational use statutes, namely in Virginia, is examined. This issue addresses the substance …

Usage Of Drone For Building Facade Inspection, Sahara Adhikari

Master's Theses (2009 -)

The taller the building the higher the risk caused by pieces breaking off from the building façade. 13 major cities in the USA have regulations that mandate building façade inspected by a certified professional as per regulations imposed by local authority. Conventional ways of inspecting build facades are manual contact methods where a certified professional inspects the building façade with the help of scaffolding, mobile cranes, or monorails. Visual inspections with contact methods face several challenges, including poor safety, productivity, and reliability. The results of visual inspection can be reliable when dealing with small structures with easily visible parts, but …

Reclaiming Our Streets: A Framework For Mobility Justice, Calah Gipson

Senior Capstone Papers

In contemporary society, cars are regularly considered a way of life; to many, it is customary–or even necessary– to own one. A lack of public transportation options or non-auto focused infrastructure has created a society that highly values cars, resulting in a largely car-dependent nation. Despite this, there are still many who do not drive– whether by necessity or by choice. In order to move away from an over-prevalence of cars towards a more holistic balance in U.S. communities, a people-first outlook on streets must be purposefully demonstrated. But before a shift is made from car dependency to walkable and …

Looks Matter On Social Media: How Should Courts Determine Whether A Public Official Operates Their Social Media Account Under Color Of State Law?, John B. Tsimis

Fordham Law Review

The widespread use of social media has presented a novel legal landscape for the application of constitutionally protected rights—particularly the First Amendment’s protection of free speech. The First Amendment prohibits the government from excluding citizens from a public forum on the basis of their viewpoints. Public officials acting under color of state law similarly may not use the authority of their offices to deprive citizens of their First Amendment rights.

However, the application of this protection in the context of social media has been inconsistent across federal circuit courts. Although these courts agree that viewpoint discrimination by the government on …

Presumptive Use Of Pretrial Risk Assessment Instruments, Christopher Slobogin

Vanderbilt Law School Faculty Publications

One proposed reform of the pretrial detention system is the adoption of risk assessment instruments to assist courts in determining who is at risk of reoffending or a flight risk. This Response to Professor Melissa Hamilton's Article, Modelling Pretrial Detention, proposes that under most circumstances the results of well-validated instruments should not only inform pretrial outcomes but should dictate them, on the ground that such results are more likely to be accurate than judicial decision-making. The Response also provides evidence that this reform would significantly reduce pretrial detention rates and, consistent with Professor Hamilton's findings, avoid producing racially disparate results.

Disaster Discordance: Local Court Implementation Of State And Federal Eviction Policies, Lauren Sudeall, Elora L. Raymond, Philip M.E. Garboden

Vanderbilt Law School Faculty Publications

Eviction sits at the nexus of property rights and the basic human need for shelter-the former benefits from a strong framework of legal protection while the latter does not. In most eviction courts across the country, therefore, the right to housing is unrecognized, while landlords' economic interests in property are consistently vindicated.

The public health crisis unleashed by COVID-19 temporarily upended that (im)balance. Emergency federal and state eviction prevention policies issued in response to COVID-19 prioritized public health-and the need for shelter to prevent the spread of disease-over typically dominant property rights. In doing so, they presented courts with an …

Smart Wearables: The Overlooked And Underrated Essential Worker, Rebekah Hill

William & Mary Law Review

This Note argues that the FDA should revamp its criteria for regulating medical devices to unambiguously include smart wearables. Specifically, this Note calls for the FDA to amend its definition of “medical device” to focus on what a device is technologically capable of rather than its intended use.

Part I will examine the established legislation regarding medical devices; in particular, it will examine the relationship between FDA regulations and the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule and argue that when taken together, HIPAA creates a strong presumption that smart wearables should be regulated by the FDA. This …

Please Wait: Re-Defining The Waiting Experience Through Design, Kedzie Rutan

Capstone Projects

Waiting is an unavoidable part of the commercial flying experience. From checking into the airport, navigating through the maze of security checkpoints, to checking personal belongings, every traveler experiences the ritual of waiting.

While airports aid in assisting travelers from one destination to another, airport designs and programs risk being too vast to understand differences in user sensitivity.Cultivating customer satisfaction presents a challenge in the context of air travel. The unfamiliar environment, noise levels, large crowds, long lines and changes in routine are inherent in the airport journey and can be anxiety-provoking for travelers.

Airport waiting areas are often designed …

The Future Of Bail Reform In The United States, Mary Gorham

Senior Theses

This thesis examines bail reform, specifically cash bail reform, across several jurisdictions in the United States. The goal of this research is to provide a synthesis of the literature and reform efforts at the state and federal levels. Importantly, this thesis will examine recent modifications to the cash bail systems in four states. in order to get a balanced perspective on the success of these reform efforts. In the pages that follow, there will be a presentation of the literature review and a discussion of the reforms that have been undertaken since 2015. Additionally, this thesis will discuss how the …

Employability Of The Graduates From 14 Cfr Part 147 Schools: Understanding The Critical Factors Using Covariance-Based Sem, Christine T. Kelley

Doctoral Dissertations and Master's Theses

Certified aviation mechanics are crucial to maintaining a healthy aviation industry in the United States. To fulfill this need, 14 CFR Part 147 aviation mechanic schools educate students under the supervision of the FAA. Though the demand for mechanics is projected to increase over the next 20 years, the supply is not expected to meet this demand. Therefore, the research discussed in this paper addressed this potential deficiency by asking two research questions. The first related to the factors students feel affect their employability, and the second was used to analyze whether the students learned these skills at school or …

Risk Propensity In Journalists: An Analysis Of Journalists’ Personality Traits And How They Direct Behavior In The Field, Ellen Katherine Dunn

Theses and Dissertations

Much like first responders, journalists run toward dangerous scenes instead of away from them, often putting themselves at risk. Unlike first responders, there is no research on a how a person’s risk propensity ties to their career. For this project, reporters of various ages and tenures were surveyed on their sensation-seeking levels and propensity to engage in risky behaviors while working as journalists. Journalism risk propensity correlated positively with sensation seeking. Risk motivations increase with age and tenure, meaning that older and more experienced journalists are more likely to engage in risky behavior. Males are more risk-prone than females. The …

The Hyper-Incarceration Of Female Minority Juvenile Offenders Within The Juvenile And Criminal Justice Systems, Ruth C.A. Philippe

Selected Honors Theses

Young women are the fastest-growing portion of the juvenile justice system population. Girls experience risk factors at higher rates than boys, exhibit mental health issues at higher rates than boys, suffer more negative consequences from justice system involvement than system-involved boys, and are less likely to access treatment than boys. Girls are also more likely to become involved with the justice system for minor offenses such as running away or skipping school. In particular, young women of color receive unfair treatment than their counterparts. Girls of color are disadvantaged and treated differently within both the juvenile and criminal justice systems …

Reflections On Fees And Fines As Stategraft, Rebekah Diller, Mitali Nagrecha, Alicia Bannon

Articles

In A Theory of Stategraft, Bernadette Atuahene advances the concept of “stategraft” to describe situations in which “state agents transfer property from persons to the state in violation of the state’s own laws or basic human rights.” This Essay delineates the ways in which criminal legal system fees and fines can be characterized as stategraft and explores the value of this concept for social movements. In many ways, the stategraft frame, with its focus on illegality, fits well with much of the litigation and advocacy against unconstitutional fees-and-fines practices that have occurred over the last decade. Exposing illegal practices …

Beyond More Accurate Algorithms: Takeaways From Mccleskey Revisited, Ngozi Okidegbe

Faculty Scholarship

McCleskey v. Kemp¹ operates as a barrier to using the Equal Protection Clause to achieve racial justice in criminal administration.² By restricting the use of statistical evidence in equal protection challenges, McCleskey stifled the power of the discriminatory intent doctrine to combat the colorblind racism emanating from facially neutral criminal law statutes and governmental actions.³ But what if McCleskey had been decided differently? Given that Washington v. Davis⁴ held that the challenged law or governmental action had to be “traced to a discriminatory racial purpose,”⁵ could McCleskey have articulated an approach to equal protection doctrine …

Raps Sheet, April 2023, Retirement Association Of Portland State

RAPS Sheet: Monthly Newsletter

No abstract provided.

Between Censure And Liberalization: The Press And Publishing In Second Empire France, Oana M. Iancau

Armstrong Undergraduate Journal of History

Napoleon III's ambition to construct a paradoxical liberal empire encountered a major obstacle in the realm of the press, which chafed under censure and forced the Emperor to consider the ramifications that absolutism would have for his reign, given France's revolutionary history. The article traces the history of censure under the Second Empire, to identify Napoleon III's motivations for liberalization and its consequences for his regime.

Unleash The Heat: Exploring Geothermal Energy Perspectives And Energy Literacy In São Miguel, Azores, Lena Mcdonough

Independent Study Project (ISP) Collection

The green energy transition is moving ahead in EU countries at very different paces, and there are some key challenges that all regions currently face in trying to phase fossil fuels out of their energy mixes. One of these challenges is that most regions simply cannot harness enough renewable energy sources and simultaneously have the storage technology for creating a baseload power source as reliable as oil, coal and natural gas. That is, unless you sit in the middle of the Atlantic Ocean on the boundary of three tectonic plates, with a continuous and reliable renewable energy source beneath your …

Addressing The Recidivism Challenge In San Diego County: Learning From Lived Experience Approaches, Andrew Blum, Alfredo Malaret Baldo

Kroc IPJ Research and Resources

The problem is as old as the justice system itself—how to reduce the chance that an individual reoffends after they commit an offense and become involved with the justice system. This challenge of reducing recidivism remains critical. According to the Prison Policy Initiative, there are over 120,000 individuals in state prisons in California. Another 380,000 cycle through jails in California every year. In 2021, roughly 25,000 individuals were released from prison in California each year. This is the scope of the challenge.

In San Diego County, a wide variety of agencies and organizations are working to address the recidivism challenge. …

Uab Students Will Participate In The 2023 International Peace Conference, May 5-6 In Birmingham, Shannon Thomason

Browse All News

No abstract provided.

March 31, 2023 Ereporter, University Of Alabama At Birmingham

eReporter (campus newsletter)

No abstract provided.

The Minnesota Second Chance Expungement Gap, Colleen Chien

Faculty Publications

Minnesota Statute Sections 609A, 243.166, and 609.02 define conditions under which individuals with criminal records can expunge their records. Ascertaining, then applying the law to a sample of 581,478 criminal histories of people with convictions records, and then extrapolating to the estimated population of 1.1M individuals in the state with criminal records , 2 we estimate the share and number of people who are eligible for relief but have not received it and therefore fall into the “second chance gap,” the difference between eligibility for and receipt of records relief. Importantly, we assumed that all who met the threshold criteria …

Occupational Safety And Health Practices Among Physical Therapists In Metro Manila During The Covid-19 Pandemic: A Qualitative Study Protocol, Zyra Mae V. Sicat, Paulin Grace M. Espino, Kristina B. Devora, Richard Lemuel Q. Budomo, Jewel Jace M. Abella, Barbara Nicole Y. Angeles, Giancarlo Philip H. Benzonan, Coby Jaleeyah Y. Chan, Erika L. Ignacio, Peter Oliver G. Palacio Jr., Julia Erin G. Tan

Philippine Journal of Physical Therapy

Introduction: The purpose of Occupational Safety and Health (OSH) is to protect and prevent workers from being exposed to risks and hazards that are detrimental to their health and safety. For the past two years, the coronavirus disease 2019 (COVID-19) is one of the most significant occupational health outcomes to physical therapists (PTs) due to the nature of their work. However, minimal studies have been conducted about the experiences and OSH practices of PTs during the pandemic. This study aims to understand the experiences of clinical PTs in Metro Manila, Philippines during the pandemic. The study also seeks to explore …

Threat Construction And Framing Of Cyberterrorism In The U.S. News Media, Mehmet F. Bastug, Ismail Onat, Ahmet Guler

International Journal of Cybersecurity Intelligence & Cybercrime

This research aims to explore the influence of news media on the fear of cyberterrorism and how cyberterrorism is framed in the media. Using a mixed-method approach as a research strategy, this paper reports on two studies that explore the influence of news reading on the fear of cyberterrorism. The first study analyzed survey responses from 1,190 participants and found that increased exposure to reading news media was associated with increased fear of cyberterrorism. The second study, built on the first, sought to investigate how cyberterrorism is framed and constructed as a threat by the US local and national newspapers. …

An Examination Of Legal Responses By United States To Technological Advances In Organized Drug Smuggling, Abdulwahab Aldossary

Symposium Projects

No abstract provided.

Effects Of The Needle Exchange Program And Its Current Status In West Virginia, Thomas Norton, Amber Graves, Anthony Uriarte, Katherine Duty, Alberto Coustasse

Management Faculty Research

Excerpt:

One of the main problems that have impacted the state of healthcare in West Virginia has been the rising costs of treatments for bloodborne infections (Bates et al., 2019). Bloodborne pathogens and their resulting diseases have commonly spread by exchanging contaminated needles (Denault & Gardner, 2021). In West Virginia, Needle Exchange Programs (NEPs) have been implemented to reduce the transmission of certain infections, such as HIV, hepatitis B, and hepatitis C, which have been more common among drug users (Beck & Kersey, 2018). In 2015, West Virginia had the second-highest rate of cases of hepatitis C Virus (HCV) in …