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2023

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Evaluating Electric Bicycle Access In Us National Parks: Advantages And Controversy, Ben Rodman Jan 2023

Evaluating Electric Bicycle Access In Us National Parks: Advantages And Controversy, Ben Rodman

CMC Senior Theses

Rising global temperatures are causing a higher likelihood of future climate disaster. Changes in personal behavior, that reduce the emissions driving this increase in global temperatures, contribute to the greater good. Electric bicycles (e-bikes) offer a viable option for individuals to reduce their personal contribution to this problem, while at the same time benefit from outdoor recreation. These benefits, along with affordability, are driving the current increase in popularity of this form of transportation. The COVID 19 pandemic fueled an increased interest in outdoor recreation, which in turn contributed to an increase in visitation at US National Parks. This thesis …


Critical Pathways To Disability Decarceration: Reading Liat Ben-Moshe And Linda Steele, Sheila Wildeman Jan 2023

Critical Pathways To Disability Decarceration: Reading Liat Ben-Moshe And Linda Steele, Sheila Wildeman

Articles, Book Chapters, & Popular Press

I consider how Liat Ben-Moshe’s Decarcerating Disability and Linda Steele’s Disability, Criminal Justice and Law: Reconsidering Court Diversion contribute to emerging conversations between critical disability studies and anti-carceral studies, and between disability deinstitutionalization and prison abolitionism. I ask: what if any role might law, or specifically rights-based litigation, play in resisting carceral state strategies and redirecting material and conceptual resources toward supports for diverse forms of flourishing? I centre my remarks on the special relevance of Ben-Moshe’s and Steele’s books to social movement activism in Atlantic Canada and critical reappraisal of Canada’s solitary confinement litigation.


Achieving A (Copy)Right To Repair For The Eu’S Green Economy, Anthony D. Rosborough, Leanne Wiseman, Taina Pihlajarinne Jan 2023

Achieving A (Copy)Right To Repair For The Eu’S Green Economy, Anthony D. Rosborough, Leanne Wiseman, Taina Pihlajarinne

Articles, Book Chapters, & Popular Press

  • The Right to Repair is a global movement in favour of rebalancing the relationship between manufacturers and end users of products and devices. As part of the European Union (EU) Green Deal and the Circular Economy Action Plan, EU legislators have made the Right to Repair a key policy aim. To date, however, the EU’s Right to Repair policy focus has been predominantly consumer law–oriented.

  • This article sheds light on another key dimension of the Right to Repair—IP (and principally copyright law). It canvasses the ways in which copyright can inhibit repair activities, including curtailing access to repair information and …


Unreasonable Risk: The Failure To Ban Asbestos And The Future Of Toxic Substances Regulation, Rachel Rothschild Jan 2023

Unreasonable Risk: The Failure To Ban Asbestos And The Future Of Toxic Substances Regulation, Rachel Rothschild

Articles

Every day, Americans are exposed to hundreds of chemicals in the air we breathe, the water we drink, and the products we use. The vast majority of these chemicals have never been tested far safety. Many have been shown to cause serious health harms, ranging.from cancer to autoimmune illness to IQ loss. They also have disproportionate effects on some of the most vulnerable populations in our society, such as children, minorities, and industrial workers.

The law that is supposed to protect Americans from dangerous chemical exposures-the Toxic Substances Control Act ("TSCA")-was long considered a dead letter after the Environmental Protection …


Reporting Sexual Assault: What Privileges Should Exist In Defamation Suits Stemming From A Police Report?, Katharine Rubery Jan 2023

Reporting Sexual Assault: What Privileges Should Exist In Defamation Suits Stemming From A Police Report?, Katharine Rubery

Fordham Urban Law Journal

No abstract provided.


Assessing Visions Of Democracy In Regulatory Policymaking, Shoba Sivaprasad Wadhia, Christopher J. Walker Jan 2023

Assessing Visions Of Democracy In Regulatory Policymaking, Shoba Sivaprasad Wadhia, Christopher J. Walker

Articles

Motivated in part by Congress’s failure to legislate, presidents in recent years seem to have turned even more to the regulatory process to make major policy. It is perhaps no coincidence that the feld of administrative law has similarly seen a resurgence of scholarship extolling the virtues of democratic accountability in the modern administrative state. Some scholars have even argued that bureaucracy is as much as if not more democratically legitimate than Congress, either in the aggregative or deliberative sense, or both.


Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott Jan 2023

Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott

Articles

In this Article, we argue that increasingly harsh collateral consequences have surfaced an underappreciated and undertheorized dynamic of criminal plea bargaining. Collateral consequences that mostly or entirely benefit third parties (such as other communities or other states) create an interest asymmetry that prosecutors and defendants can exploit in plea negotiations. In particular, if a prosecutor and a defendant can control the offense of conviction (often through what some term a “fictional plea”), they can work together to evade otherwise applicable collateral consequences, such as deportation or sex-offender registration and notification. Both parties arguably benefit: Prosecutors can leverage collateral consequences to …


Understanding Gun Law History After Bruen: Moving Forward By Looking Back, Robert J. Spitzer Jan 2023

Understanding Gun Law History After Bruen: Moving Forward By Looking Back, Robert J. Spitzer

Fordham Urban Law Journal

No abstract provided.


Age-Related Gun Regulations And Public Opinion, Rebecca Valek, Cassandra Crifasi, Alex Mccourt Jan 2023

Age-Related Gun Regulations And Public Opinion, Rebecca Valek, Cassandra Crifasi, Alex Mccourt

Fordham Urban Law Journal

No abstract provided.


The Case For Domestic Violence Protective Order Firearm Prohibitions Under Bruen, Kelly Roskam, Chiara Cooper, Philip Stallworth, April M. Zeoli Jan 2023

The Case For Domestic Violence Protective Order Firearm Prohibitions Under Bruen, Kelly Roskam, Chiara Cooper, Philip Stallworth, April M. Zeoli

Fordham Urban Law Journal

No abstract provided.


Rent Controls And The Erosion Of Takings-Clause Protections: A Sordid History With Recent Cause For Optimism, Sam Spiegelman Jan 2023

Rent Controls And The Erosion Of Takings-Clause Protections: A Sordid History With Recent Cause For Optimism, Sam Spiegelman

Fordham Urban Law Journal

No abstract provided.


Prosecuting The Crisis, Benjamin Levin Jan 2023

Prosecuting The Crisis, Benjamin Levin

Fordham Urban Law Journal

No abstract provided.


The Poor Reform Prosecutor: So Far From The State Capital, So Close To The Suburbs, John F. Pfaff Jan 2023

The Poor Reform Prosecutor: So Far From The State Capital, So Close To The Suburbs, John F. Pfaff

Fordham Urban Law Journal

No abstract provided.


Progressive Prosecutorial Accountability, Jennifer E. Laurin Jan 2023

Progressive Prosecutorial Accountability, Jennifer E. Laurin

Fordham Urban Law Journal

No abstract provided.


Pittfalls Of Progressive Prosecution, Carissa Byrne Hessick Jan 2023

Pittfalls Of Progressive Prosecution, Carissa Byrne Hessick

Fordham Urban Law Journal

No abstract provided.


A Literature Analysis Of Microgrid Optimization Studies, Izzy Medeiros Jan 2023

A Literature Analysis Of Microgrid Optimization Studies, Izzy Medeiros

Honors Theses and Capstones

Senior civil engineering student, Izzy Medeiros, is presenting her honors thesis in the form of a literature analysis. Her research involved investigating existing microgrid studies and where there are current gaps in the knowledge. About 40 publications written within the last 20 years were analyzed for their research goals, optimization objectives, and microgrid design, pointing to where this research is currently lacking. Most real studies were conducted in Asia, as Southeast Asia has island communities that need the reliability of a renewable microgrid during extreme weather events. Photovoltaic panels in combination with wind turbines comprise the most common configuration of …


The Paradoxes Of A Unified Judicial Philosophy: An Empirical Study Of The New Supreme Court: 2020-2022, Victoria Nourse Jan 2023

The Paradoxes Of A Unified Judicial Philosophy: An Empirical Study Of The New Supreme Court: 2020-2022, Victoria Nourse

Constitutional Commentary, Vol. 37 and later (2023–present)

No abstract provided.


Undergraduate Bulletin, 2023-2024, Minnesota State University Moorhead Jan 2023

Undergraduate Bulletin, 2023-2024, Minnesota State University Moorhead

Undergraduate Bulletins (Catalogs)

No abstract provided.


Between Cooperation And Conflict In Second Look Sentence Review, Kay L. Levine, Ronald F. Wright Jan 2023

Between Cooperation And Conflict In Second Look Sentence Review, Kay L. Levine, Ronald F. Wright

Faculty Articles

This Article offers the first scholarly assessment of new resentencing practices initiated by state prosecutors in the United States. Unlike the conviction integrity units that have become institutional fixtures in many prosecutors’ offices over the past two decades, attorneys working on resentencing matters rarely address concerns about the legal integrity or factual accuracy of the conviction itself. Prosecutors and defense attorneys instead consider the continuing integrity of the sentence imposed on the defendant. Perhaps a second look is necessary because the sentence imposed for the crime no longer appears necessary to serve public safety goals, because the prisoner has aged …


Development Of Novel Detection Methods For Food Safety Using State-Of-The-Art Technology Platforms, Prae Noppakuadrittidej Jan 2023

Development Of Novel Detection Methods For Food Safety Using State-Of-The-Art Technology Platforms, Prae Noppakuadrittidej

Chulalongkorn University Theses and Dissertations (Chula ETD)

Foodborne illness is a significant global public health concern, impacting both the economy and human health. These illnesses are caused by bacteria, viruses, parasites, toxins, and chemicals. This research developed two technology platforms for Bacillus cereus and tropane alkaloid compounds detections. First, traditional detection methods for B. cereus have limitations in long analysis time, and dependence on analysis and interpretation by skilled personnel. Therefore, this study introduces a robust detection method using peptide nucleic acids (PNAs) bearing with a prolyl-2-aminocyclopentanecarboxylic acid (ACPC) backbone as probes in a bead array method. PNAs with groEL, motB, and 16S rRNA sequences were covalently …


Consequences Of Shift Work And Job-Related Exposure On Sleep And Musculoskeletal Outcomes In Structural Firefighters, Jacob Dennis Jelmini Jan 2023

Consequences Of Shift Work And Job-Related Exposure On Sleep And Musculoskeletal Outcomes In Structural Firefighters, Jacob Dennis Jelmini

Theses and Dissertations--Rehabilitation Sciences

Firefighting is considered one of the most dangerous occupations in the workforce. Musculoskeletal injuries are consistently the most frequent, and most costly, documented non-fatal injuries in the firefighting setting. An increase in job stress, job exposure, and deprived sleep secondary to job-related duties are plausible explanations for the frequency in musculoskeletal injury. The aims of this dissertation were to ascertain not only how occupational exposure via firefighter emergency call volume may influence outcomes contributing to job stress and objective and subjective sleep metrics, but also its influence on the incidences of musculoskeletal pain.

The results showed that emergency call volume …


The New Public Nuisance: Illegitimate And Dysfunctional, Thomas W. Merrill Jan 2023

The New Public Nuisance: Illegitimate And Dysfunctional, Thomas W. Merrill

Faculty Scholarship

Leslie Kendrick’s defense of the new public nuisance fails to come to terms with legitimacy objections to such actions based on the rule of law and norms of democratic accountability. Nor is the new public nuisance a “second best” solution to widespread social problems. These actions rest on joint ventures between prosecutors and personal-injury lawyers that are likely to generate over- and under-deterrence and risk runaway liability.


Are Police Officers Bayesians? Police Updating In Investigative Stops, Jeffrey A. Fagan, Lila J.E. Nojima Jan 2023

Are Police Officers Bayesians? Police Updating In Investigative Stops, Jeffrey A. Fagan, Lila J.E. Nojima

Faculty Scholarship

Theories of rational behavior assume that actors make decisions where the benefits of their acts exceed their costs or losses. If those expected costs and benefits change over time, behavior will change accordingly as actors learn and internalize the parameters of success and failure. In the context of proactive policing, police stops that achieve any of several goals — constitutional compliance, stops that lead to “good” arrests or summonses, stops that lead to seizures of weapons, drugs, or other contraband, or stops that produce good will and citizen cooperation — should signal to officers the features of a stop that …


Public Order Policing: A Proposal For A Charter-Compliant Legislative Response, Jamie Cameron, Robert Diab Jan 2023

Public Order Policing: A Proposal For A Charter-Compliant Legislative Response, Jamie Cameron, Robert Diab

Articles & Book Chapters

This article offers a brief response to the Final Report of the Public Order Emergency Commission by two authors who provided expert reports to the Commission. We focus on Commissioner Rouleau’s recommendation that the provinces and the federal government create a “major event management unit” to ensure “integrated command and control” of large events, and that governments clarify the scope of police power to create exclusion zones and to impose other limits on protest and assembly. We argue that nothing short of legislation on point would suffice to address problems of coordination among police agencies and the lack of clarity …


Development Of Practical Assessment Techniques For Sinkhole Potential In Florida Based On Sinkhole Vulnerability Indices, Sylvia Pesha Jan 2023

Development Of Practical Assessment Techniques For Sinkhole Potential In Florida Based On Sinkhole Vulnerability Indices, Sylvia Pesha

UNF Graduate Theses and Dissertations

Sinkholes are natural geohazards prevalent in Florida's distinctive karst geology, posing risks to public safety, infrastructure, and groundwater integrity. Considering the increasing frequency of sinkhole occurrences in Florida due to land development in vulnerable soils, understanding the potential for sinkhole occurrence can aid in the identification of high-risk locations and inform effective mitigation strategies. Researchers have developed three point-based indices to be used when assessing the vulnerability a project site has to sinkhole formation based on the encountered subsurface conditions. Engineers have historically used an index based on the subsurface layer thicknesses, called the Raveling Index (RI). In recent years, …


Annual Report, Fiscal Year 2022-2023, Tennessee. Bureau Of Investigation Jan 2023

Annual Report, Fiscal Year 2022-2023, Tennessee. Bureau Of Investigation

Annual Reports

This document is the annual report for the TBI during the fiscal year.


Annual Security Report For Calendar Year 2022, Illinois State University Police Department Jan 2023

Annual Security Report For Calendar Year 2022, Illinois State University Police Department

Clery Act Annual Security Report

Illinois State University Police Department Annual Security Report


In Search Of: A Federal Safe Harbor For State Legalization Of Psilocybin, Kathryn L. Tucker, Holly Martinez, Ebony Morris Jan 2023

In Search Of: A Federal Safe Harbor For State Legalization Of Psilocybin, Kathryn L. Tucker, Holly Martinez, Ebony Morris

Lewis & Clark Law Review

In 2020, Oregon voters passed the Oregon Psilocybin Services Act (PSA). The PSA allows for the adult use of psilocybin at designated service centers and does not require a medicinal purpose for consumption. While the use of psilocybin becomes legal in Oregon in 2023 under the PSA, psilocybin remains a Schedule I substance under the federal Controlled Substances Act. This conflict between state legalization and federal prohibition creates significant challenges for individuals and businesses intending to abide by the requirements of the PSA—including the potential of jail time, fines, and forfeiture of property. This Essay explores three potential solutions the …


Covid-19, Free Exercise, And Most Favored Nation Status, Mark Strasser Jan 2023

Covid-19, Free Exercise, And Most Favored Nation Status, Mark Strasser

Lewis & Clark Law Review

Commentators and some Justices suggest that religious activity is accorded a kind of Most Favored Nation status under free exercise guarantees—if a statutory exception is made for a relevantly similar secular activity, then an exception must also be made for religious activity. Such an approach would require a careful consideration of which secular activities were relevantly similar to religious activities to warrant protecting the latter. But the Most Favored Nation approach involves a mischaracterization of the past jurisprudence. Further, as is evidenced in the COVID cases, the U.S. Supreme Court does not engage in a nuanced consideration of which activities …


The Terms Of Their Deal: Revitalizing The Treaty Right To Limit State Jurisdiction In Indian Country, Dylan R. Hedden-Nicely Jan 2023

The Terms Of Their Deal: Revitalizing The Treaty Right To Limit State Jurisdiction In Indian Country, Dylan R. Hedden-Nicely

Lewis & Clark Law Review

For over 200 years, the “whole course of judicial decision” in the United States has recognized that American Indian tribes possess inherent sovereignty to govern their lands and people. Federal recognition of that sovereignty was memorialized in countless treaties, congressionally ratified agreements, and executive orders setting aside reservations throughout the United States. Throughout that same period, and with only minimal exception, the judiciary faithfully applied those treaties to protect tribal property rights, recognize tribal sovereignty, and bar states from imposing jurisdiction within Indian Country.

The jurisprudence in this arena has shifted, however, over the past few decades. Although the Supreme …