Digital Commons Network^™

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

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

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 …

Error Aversions And Due Process, Brandon L. Garrett, Gregory Mitchell

Faculty Scholarship

William Blackstone famously expressed the view that convicting the innocent constitutes a much more serious error than acquitting the guilty. This view is the cornerstone of due process protections for those accused of crimes, giving rise to the presumption of innocence and the high burden of proof required for criminal convictions. While most legal elites share Blackstone’s view, the citizen-jurors tasked with making due process protections a reality do not share the law’s preference for false acquittals over false convictions.

Across multiple national surveys, sampling more than 10,000 people, we find that a majority of Americans views false acquittals and …

Toxic Masculinity And Gender-Based Gun Violence In America: A Way Forward, Hayley N. Lawrence

Faculty Scholarship

No abstract provided.

Plea Tracking In The Durham County District Attorney’S Office: One-Year Report, Kevin Dahaghi, Catherine Grodensky, Elizabeth Gifford, Brandon L. Garrett, William Crozier, Adele Quigley-Mcbride, Jennifer Teitcher, Lauren Clatch

Faculty Scholarship

No abstract provided.

Hostos Community College Academic Bulletin 2022-2023, Hostos Community College

College Bulletins

This is the official college catalog for 2022-2023. It contains course descriptions as well as information on degree programs, college resources and services, financial aid, admissions, and the academic calendar.

A Hedonic Study Of New England Dam Removals, Todd Guilfoos, Jason Walsh

Environmental and Natural Resource Economics Faculty Publications

There are over fourteen thousand dams in the New England region. Recent efforts to remove dams to return rivers back to their natural orientations in the United States have increased, though a host of potential externalities exist to nearby communities. We compile 75 removed dams in the New England region to estimate the aggregate treatment effect of dam removal on nearby properties. We employ a repeat sales sample with property fixed effects and a difference-in-differences strategy to estimate the proximity effects of dam removal. We cannot reject the null hypothesis that dam removals have no effect on proximity properties.

Accelerating Precision Station Keeping For Automated Aircraft, James D. Anderson

Browse all Theses and Dissertations

Automated vehicles pose challenges in various research domains, including robotics, machine learning, computer vision, public safety, system certification, and beyond. These vehicles autonomously handle navigation and locomotion, often requiring minimal user interaction, and can operate on land, in water, or in the air. In the context of aircraft, one specific application is Automated Aerial Refueling (AAR). Traditional aerial refueling involves a "tanker" aircraft using a mechanism, such as a rigid boom arm or a flexible hose, to transfer fuel to another aircraft designated as the "receiver". For AAR, the boom arm may be maneuvered automatically, or in certain instances the …

Major Questions About Agency Authority: A Practical Discussion On The Impact Of Limiting Administrative Authority, Aram Gavoor

GW Law Faculty Publications & Other Works

The Administrative Law Review’s Fall 2022 Symposium humanized administrative law while tackling substantive administrative law issues. With the human impact of administrative law as the touchpoint, the panels explored the practical implications of deregulation, nondelegation, and major questions. Resultant discussion transcribed below allowed for a thoughtful conversation, but one that was at the same time accessible to those who do not routinely practice in the space. We thank Professors Gillian Metzger, William Buzbee, Aram Gavoor, Kimberly Wehle, Jonas Monast, and Administrative Law Judge Doug Rawald for their contributions.

Temporary Access And Permanent Consequences: The Misapplication Of Takings Jurisprudence To State Regulations That Benefit The Public Welfare, Maria Ceriotti

Missouri Law Review

In 1975, California enacted the Agricultural Labor Relations Act. The Act, along with many regulations to aid in its enforcement, came after years of infighting between property owners and agriculture workers for fair pay and better treatment. Deplorable conditions included hourly wages at $0.90/hour, inadequate working standards such as a lack of toilets and segregated housing, and poor treatment from the growers. Cesar Chavez organized what is now the United Farm Workers labor organization, which helps agriculture workers across the country collectively bargain and secure their rights, fair pay, and adequate working conditions.

The Carceral Home, Kate Weisburd

GW Law Faculty Publications & Other Works

In virtually all areas of law, the home is the ultimate constitutionally protected area, at least in theory. In practice, a range of modern institutions that target private life—from public housing to child welfare—have turned the home into a routinely surveilled space. Indeed, for the 4.5 million people on criminal court supervision, their home is their prison, or what I call a “carceral home.” Often in the name of decarceration, prison walls are replaced with restrictive rules that govern every aspect of private life and invasive surveillance technology that continuously records intimate information. While prisons have always been treated in …

The Impact Of Gender Minority Stress On Eating Pathology And Body Checking Behaviors In Transgender And Non-Binary Adults, Klaudia Bialy

PCOM Psychology Dissertations

Transgender and gender non-binary (TNB) individuals commonly report diminished mental health when compared to cisgender individuals. TNB individuals experience unique stressors due to their gender identity such as gender-based discrimination and victimization, internalized transphobia, and non-affirmation of their gender. Due to these unique stressors, TNB individuals experience elevated rates of psychological distress such as anxiety, depression, and suicidality. Additionally, TNB individuals report body image issues and disordered eating. This study examined if gender minority stress predicts the relationship between body checking behaviors and eating pathology amongst TNB individuals. Simple linear regression models were used to assess the possible impact gender …

Remodeling The Closet: The Individual And Organizational Correlates Of Workplace Sexual Identity Management, David M. Mendelsohn

CGU Theses & Dissertations

The strategies by which sexual minority employees manage their sexual identities in the workplace have long been a subject of inquiry. Extant research has long recognized that these employees potentially engage in several different strategies for workplace sexual identity management (e.g., actively concealing their identity vs. disclosing their identity), models of sexual identity management tend to focus only on factors that influence disclosure decisions. The current series of two survey studies explored the broader organizational correlates of three workplace sexual identity management strategies: general outness, concealment, and disclosure, as well as whether differences existed based on gender and sexual identity …

Annual Report Fy2022-2023, Tennessee. Commission On Children And Youth.

Annual Report

No abstract provided.

Interprofessional Team Collaboration For Routine And Emergent Mental Health Concerns Among Collegiate Student-Athletes: A Case Series From The Association For Athletic Training Education Research Network, Lindsey E. Eberman, Tara A. Armstrong, Elizabeth R. Neil, Jessica L. Kirby, Korrin M. Vanderhoof, Stacy E. Walker

Rehabilitation Sciences Faculty Publications

Collegiate student-athletes experience an increasing number of mental health concerns. To help address these concerns and provide high-quality health care for student-athletes, institutions of higher education are being encouraged to create interprofessional health care teams that are specifically dedicated to managing mental health. We interviewed 3 interprofessional health care teams who collaborate to manage routine and emergency mental health conditions in collegiate student-athletes. Teams represented all 3 National Collegiate Athletics Association (NCAA) divisions and included athletic trainers, clinical psychologists, psychiatrists, dietitians and nutritionists, social workers, nurses, and physician assistants (associates). The interprofessional teams indicated that the existing NCAA recommendations helped …

First Amendment Protections For "Good Trouble", Dawn C. Nunziato

Emory Law Journal

In the classical era of the Civil Rights Movement in the 1950s, 1960s, and 1970s, activists and protestors sought to march, demonstrate, stage sit-ins, speak up, and denounce the system of racial oppression in our country. This was met not just by counterspeech—the preferred response within our constitutional framework—but also by efforts by the dominant power structure to censor and shut down those forms of public rebuke of our nation’s racist practices. Fast forward seventy years, and the tactics of the dominant power structure have essentially remained the same in response to today’s civil rights activists who seek to protest …

“Known Adversary”: The Targeting Of The Immigrants’ Rights Movement In The Post-Trump Era, Azadeh Shahshahani, Chiraayu Gosrani

Emory Law Journal

No abstract provided.

The Case For Green Product Fixing: Reconciling Antitrust Law With Self-Regulation To Combat Climate Change, Peter Brigham

Emory Law Journal

As corporations continue to prioritize environmental, social, and governance (ESG) improvements alongside profit, cooperation with competitors may be an important part of their toolbox. In particular, cooperation can help to advance initiatives like the elimination of an unsustainable product type, which is a drastic step a corporation likely would not take on its own for fear of hurting its bottom line and customer loyalty. The issue is that agreements among competitors to engage in such steps may violate antitrust laws, as suggested by the Justice Department in the Trump administration and numerous state attorneys general.

This Comment uses the term …

Radioactive, Internal Colonialism: The Uranium Industry’S Historic And Current Impact On The Navajo Nation, Sophie Arens

Pitzer Senior Theses

The United States withheld information pertaining to the health problems associated with nuclear power, allowing uranium to be extracted, processed, and stored in the Southwest of the United States and more specifically the Navajo Nation. With this, many Diné people who had previously worked in the mines or lived within close vicinity to facilities developed various types of illnesses. This thesis argues that the development of nuclear energy in the United States is a form of radioactive, internal colonialism and that the current waste facility located in Carlsbad, New Mexico is furthering this history into the present day. This thesis …

Nsu Huizenga College Of Business And Entrepreneurship 2023-2024 Graduate Catalog, Nova Southeastern University

Huizenga Postgraduate Course Catalogs

No abstract provided.

Policing The Danger Narrative, Avlana K. Eisenberg

Journal of Criminal Law and Criminology

The clamor for police reform in the United States has reached a fever pitch. The current debate has mainly centered around questions of police function: What functions should police perform, and how should they perform them to avoid injustice and unnecessary harm? This Article, in contrast, focuses on a central aspect of police culture—namely, how police envision their relationship to those policed. It exposes the vast reach of a deeply engrained “danger narrative” and demonstrates the disastrous consequences that this narrative has helped to bring about. Reinforced by police training, codified by courts, and broadly deployed, the danger narrative is …

Restorative Justice Diversion As A Structural Health Intervention In The Criminal Legal System, Thalia González

Journal of Criminal Law and Criminology

A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system—whether in policing practices or carceral settings—leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement coupled with new threats posed by COVID-19, advocates and academics have increasingly called for race-conscious public health-driven reforms to carcerality in the United States. Recognizing the significance of health to carceral reform, the initiation of a health justice grounded lexicon in criminal justice has opened the doorway to new …

Are Police Officers Bayesians? Police Updating In Investigative Stops, Jeffrey Fagan, Lila Nojima

Journal of Criminal Law and Criminology

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, the 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 increase its rewards …

The Digital Services Act: Does It Respect The Freedom Of Expression, And Is It Enforceable?, Terrell Paige

Student Works

No abstract provided.

2023 Children's Legislative Report Card, Children's Advocacy Institute, University Of San Diego School Of Law

Children's Legislative Report Card

No abstract provided.

A Measure Predicting Treatment Outcome For Sexual Offenders, Kaitlin Alyssa Guston

Theses and Dissertations

Researchers generally agree that treatment reduces the likelihood of sexual offender recidivism. However, studies show attrition rates of up to 85% in some treatment programs for sex offenders. Because many risk factors for recidivism and treatment attrition are the same, the present study used gold-standard risk assessments to predict which sex offenders would not complete a community treatment program. The Static-99r, Stable-2007, and URICA assessed static risk factors, dynamic needs, and responsivity to treatment for 289 sex offenders. Pre-treatment scores from the sex offenders in the sample indicated that these assessment instruments could predict treatment attrition for sex offenders in …

Content Governance In The Shadows: How Telcos & Other Internet Infrastructure Companies "Moderate" Online Content, Prem M. Trivedi

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Artificial Intelligence On Indian Reservations In The United States: Prospects And Challenges, Adam Crepelle

Faculty Publications & Other Works

Increases in computing power have contributed to tremendous improvements in Artificial Intelligence (AI). Despite increasing deployment of AI by public, private, and nonprofit organizations, consideration of AI on American Indian reservations remains in its infancy. In this paper, we suggest that consideration of Internet policy on tribal lands should be expanded beyond consideration of barriers to broadband access to include responsible adoption of emergent technologies, including AI. To facilitate such consideration, we consider the prospects and challenge for deployment of AI in public, private, and nonprofit applications on Indian reservations in the United States. Our particular focus is on how …

Does Expanding Tribal Jurisdiction Improve Tribal Economies: Lessons From Arizona, Adam Crepelle

Faculty Publications & Other Works

In 2013, Congress reaffirmed tribes’ inherent authority to prosecute all persons who commit dating violence, domestic violence, or violate a protective order against Indian women on tribal land in the Violence Against Women Reauthorization Act (VAWA). Congress required tribes to comply with strict procedural safeguards prior to implementing VAWA. We test the hypothesis that because improved procedural standards, as well as guaranteed rights, strengthen the belief in fair trials for individuals and businesses on the reservation as well as others who might consider operating a business on the reservation, VAWA adoption ultimately results in higher income for Indians residing on …