Digital Commons Network^™

Fish & Wildlife News: Fall 2023

Fish and Wildlife News

No abstract provided.

One-Way Ticket To Mars: The Privatization Of The Space Industry And Its Environmental Impact On Earth And Beyond, Yuree Nam

Northwestern Journal of Law & Social Policy

In the 21^st century, the space industry has changed from a government-focused practice to a rapidly growing private sector. Billionaires like Elon Musk and Jeff Bezos operate private companies for the advance of space travel and exploration. Other companies like Lunar Outpost, ispace, and Masten Space Systems were selected by NASA to collect lunar resources back in 2020. The concern is that current international space law is insufficient to regulate private actors who play a significant role in exacerbating environmental problems. Whether it be rocket emissions and environmental justice concerns on Earth, or commercial resource extraction in outer space, …

A Case Study Of Sustainable Development At The Penonomé Wind Farms, A Cdm Registered Project In Coclé, John Matuszewski

Independent Study Project (ISP) Collection

The Penonomé wind projects fit into a long history of previous internationally financed development projects in Panama, including those from the Clean Development Mechanism. A moderate level of research has been conducted on other Clean Development Mechanism projects, but despite contributing to 5% of Panama’s energy needs and constituting the largest wind park in Central America, the Penonomé wind farms remain little researched. Semi-structured interviews were conducted with relevant people associated with the project or with relevant information to gain more information about the case study. Using the information processed from these reviews and information from publicly available resources, the …

Reifying Injustice: Using Culturally Specific Tattoos As A Marker Of Gang Membership, Beth Caldwell

Washington Law Review

The “gang” label has been so highly racialized that white people who self- identify as gang members are almost never categorized as “gang members” by law enforcement, while Black and Latino people who are not gang members are routinely labeled and targeted as if they were. Different rules attach to people under criminal law once they are labeled gang members, yet this two-track system is justified under the guise that the racially disparate treatment is legitimate because of gang association.

This Article takes one concrete example—culturally specific tattoos—and unmasks how racial markers are used to attach the gang label. Specifically, …

Through The Eyes Of The Incarcerated: A Qualitative Content Analysis Of Prisoner Reentry Through Memoirs, Abigail Estep

Honors Theses

One in 100 adults in the United States are currently in jail or prison, equaling over 2.2 million individuals. Around 600,000 of those individuals are released from state and federal prisons every year. Unfortunately, these returning citizens are met with a system that has set them up to fail. Most of these individuals are determined to never go back, but the immobilizing challenges that they meet make it difficult, if not impossible, to be successfully reintegrated into society. The recidivism rate in the United States is the highest it has ever been at 44% nationally. We need to find and …

Patting Down Your Patient: Ethical And Practical Challenges Of Correctional Mental Health, Claire E. Bailey

Honors Theses

The unique nature of correctional settings presents mental health professionals working in these settings with various ethical and practical challenges. In light of these issues facing the field of correctional psychology, the present study is focused on examining the real-life experiences of correctional psychologists. Potential participants were identified based on their experiences within their mental health careers, specifically those who work, or have worked in the past, within a correctional facility as a mental health professional. Following this, a standardized interview was conducted focusing on the professional and educational background of the participants along with their perspectives about their work …

The Guardian The Month Of October 2023, Wright State Student Body

The Guardian Student Newspaper

News articles from The Guardian for the Month of October 2023. The Guardian is the official student-run newspaper for Wright State University. It has been published regularly since March of 1965.

Salary Report, 2023 October, Eastern Michigan University

EMU Salary Reports

No abstract provided.

Uni Schedule Of Classes: Policies And Procedures, Fall 2023, University Of Northern Iowa

UNI Schedule of Classes

A listing and schedule of the courses being taught as well as policies and procedures concerning attending classes at the University of Northern Iowa.

Children Are Different: Jones V. Mississippi, Juvenile Life Without Parole, And Why Youthfulness Matters In Sentencing, Giulia Hintz Mcquirter

MC Law Review

“We are a country of mercy, and we are a country of vengeance, and we live with both at the same time.” This is how Robert Dunham, death penalty expert and Executive Director of the Death Penalty Information Center, describes the United States sentencing system. Battling inside each of us is the desire for people to pay for their wrongdoings, warring against the empathy of our human nature that wants to see the good in people, even criminals.

This internal conflict is rarely on better display than in cases involving child criminals. It is impossible to forget that these children …

Takings In Disguise: The Inequity Of Public Nuisance Receiverships In America’S Rust Belt, Anna Kennedy

Washington and Lee Journal of Civil Rights and Social Justice

Since they were created in the 1980s in Cleveland, Ohio, public nuisance receiverships have spread across the American Rust Belt. This Note critically analyzes the legal implications of public nuisance receiverships, which involve the intrusion onto private property for public purposes. Despite claims that these actions align with exceptions to due process or public nuisance principles, a deeper examination reveals their fundamental nature as government takings of private property. This Note dissects the legal framework within the context of the Fifth Amendment, debunking the applicability of the public nuisance exception, establishing that receiverships constitute takings, and highlighting conflicts with Anti-Kelo …

Private Police Regulation And The Exclusionary Remedy: How Washington Can Eliminate The Public/Private Distinction, Jared Rothenberg

Washington Law Review

Private security forces such as campus police, security guards, loss prevention officers, and the like are not state actors covered by the Fourth Amendment’s prohibition against unreasonable searches and seizures nor the Fifth Amendment’s Miranda protections. As members of the umbrella category of “private police,” these private law enforcement agents often obtain evidence, detain individuals, and elicit confessions in a manner that government actors cannot, which can then be lawfully turned over to the government. Though the same statutory law governing private citizens (assault, false imprisonment, trespass, etc.) also regulates private police conduct, private police conduct is not bound by …

Twilight-Zone Originalism: The Peculiar Reasoning And Unfortunate Consequences Of New York State Pistol & Rifle Association V. Bruen, Albert W. Alschuler

William & Mary Bill of Rights Journal

This Article consists of two Parts and a conclusion. Part I focuses on the Bruen opinion and considers its contradictions, flaws, fallacies, and implications. Part II examines lower-court decisions applying Bruen during the first year after that decision. These decisions make Bruen’s flaws vivid.

This abstract has been taken from the author's introduction.

Suny Cortland Handbook 2023, State University Of New York College At Cortland

SUNY Cortland Handbook

No abstract provided.

A Crazy Quilt: Infanticide In The United States, Susan Ayres

Faculty Scholarship

This chapter builds on previous research to present a sampling of cases in the US, primarily in the twenty-first century, in order to show the harshness and disparity in criminal charges, defences and sentences. The broad term ‘infanticide’ is used for child-murder cases, and the more specific term ‘neonaticide’ is used for the killing of a child in the first 24 hours after birth. This chapter also describes the more recent use of genetic genealogy to solve cold cases of neonaticide. It concludes by considering how the absence of an infanticide offence and expanded defences results in an incoherent, unjust …

The Ever-Shifting Ground Of Pretrial Detention Reform, Jenny E. Carroll

Faculty Scholarship

In the past six decades, pretrial detention systems have undergone waves of reform. Despite these efforts, pretrial jail populations across the country continue to swell. The causes of such growth in jail populations are difficult to pinpoint, but some are more readily apparent: Fear over rising crime rates, judicial reluctance to release accused persons, and monetary burdens associated with release have all contributed to increased detention pretrial across criminal legal systems in the United States. This article examines various pretrial detention reform efforts and highlights the need for greater research in the area.

Firearm Contagion: A New Look At History, Rachel Martin, Michael R. Ulrich

Fordham Urban Law Journal

No abstract provided.

Smart Homes And You: Iot Device Data Risks In An Ever-Changing World, Autumn Person

Theses and Dissertations

Social media applications are increasingly seen as a national security threat and a cause for concern because they can be used to create user profiles on government personnel and on US citizens. These profiles could be used for big data and artificial intelligence purposes of interest to foreign governments. With the rise of big data and AI being used, foreign governments could use this data for a variety of purposes that can affect normal everyday citizens, not just high value personnel. IoT (Internet of Things) devices that the population uses everyday can also pose the same threat. These devices can …

How To Remedy Post Covid Pandemic Setbacks In Bridging The Digital Divide, Rob Frieden

North Carolina Journal of Law & Technology

No abstract provided.

Assessing The Threat Of Social Media To National Security: Information Operations In The 21st Century, Brendan M. Cullen

Senior Theses

The ubiquity of social media has enabled an unprecedented amount of personal data to be accessible to various entities. Social media platforms leverage this data to optimize algorithmic recommendation systems, persuade users to engage, and promote monetization. The social media ecosystem’s business model demands continuous engagement and the relentless collection of user data to grow and scale. Not only is social media massively popular around the world, but it has integrated heavily into users’ daily lives. This integration is driven by social platforms’ deliberate architectures and affordances. The intentionality of social media can be exploited by state and non-state actors …

Why Cities Fail: The Urban Security Crisis In Ecuador, Jorge Mantilla, Carolina Andrade, Maria Fe Vallejo

Journal of Strategic Security

Compared to other countries in Latin America, Ecuador was traditionally considered a peaceful territory. However, 2022 was the most violent year in the history of Ecuador with a homicide rate of 25.6. In particular, the littoral city of Guayaquil (46.6) poses extraordinary challenges to Ecuadorian security agencies while criminal governance and firepower of criminal armed groups increased steadily in the past four years. This paper explores the relationship between ports, violence, and governance in the context of criminal wars. Through a process-tracing method, it studies the path through which Guayaquil ended up in a security crisis between 2018 and 2022. …

How To Punish Your Least Favorite Online Influencer: Wellness Checks As Swatting And Their Disproportionate Impact On Marginalized Creators, Tara Blackwell

Washington and Lee Journal of Civil Rights and Social Justice

Marginalized online creators are vulnerable to attacks using digital means of harassment including traditional swatting as well as the abuse of wellness checks that can act as swatting. Enabled by permissive Supreme Court 4th Amendment jurisprudence, malignant online actors have taken advantage of the ramshackle system of wellness checks that sends armed police officers with little training and even less compassion to the doors of individuals with reported mental health crises. This Note focuses on two polarizing influencers who have been subject to wellness check swatting after being very open about their mental health statuses online. This Note argues that …

Elastic Sensing Skin For Monitoring Of Concrete Structures, Emmanuel Abiodun Ogunniyi

Theses and Dissertations

Soft elastomeric capacitors (SECs) are emerging as potential low-cost solutions for monitoring cracks and strains in concrete infrastructure, a crucial aspect of structural health monitoring. Effective long-term monitoring of civil infrastructure can reduce the risk of structural failures and potentially reduce the cost and frequency of inspections. However, deploying structural health monitoring (SHM) technologies for bridge monitoring is expensive, especially long-term, due to the density of sensors required to detect, localize, and quantify cracks. Previous research on soft elastomeric capacitors (SEC) has shown their viability for low-cost monitoring of cracks in transportation infrastructure. However, when deployed on concrete for strain …

Indicium Ex Machina: Unstructured Sentencing And Disparate Outcomes In Canada, Damilola Awotula

LLM Theses

Recent advancements in artificial intelligence have caused a wave of technological normality. As expected, the criminal justice system, and more increasingly, criminal sentencing is seeing a trend of “technosolutionism” due to real concerns about unjustified disparity. Truly, artificial intelligence has the prospect of making the sentencing process more effective, value-driven, consistent, and predictable. However, relying on the assumption that using such a system may require being confined to the normative sentencing traditions of each country, this thesis argues that there are crucial questions to be addressed about how this technological normality fits within the normative pillars of extant legal principles, …

Gun Insurance Mandates And The Second Amendment, Adam B. Shniderman

South Carolina Law Review

No abstract provided.

Roadway Characteristics And Car Accident Trends In Gettysburg, Pa, Max Smith, Jake H. Kennell, Russell H. Canova

Student Publications

This study addresses the rising motor vehicle accident and fatality rates in the United States (Moore, 2023). Focusing on the conditions in the Gettysburg Borough in an attempt to answer the following research questions: Are age of driver, weather conditions of car accidents, and traffic volume contributing to accidents in the Gettysburg Borough? What are the roadway characteristics of accident hot spot areas within the Gettysburg Borough? Utilizing Pennsylvania Department of Transportation (PennDOT) crash data from 2018 to 2022 and PennDot Average Annual Daily Traffic data, this study employs a comprehensive approach. Combining GIS analysis and statistical analysis to determine …

Progressive Prosecution Or Zealous Public Defense? The Choice For Law Students Concerned About Our Flawed Criminal Legal System, Abbe Smith

Georgetown Law Faculty Publications and Other Works

This Article addresses a question asked by many law students concerned about our flawed criminal legal system: should they become a prosecutor in an office run by a progressive prosecutor, or a public defender in an office devoted to zealous, client-centered (or holistic) defense? The Article starts with an anecdote about Philadelphia District Attorney Larry Krasner’s road show to recruit law students and young lawyers, and then proceeds as follows: First, this Article makes the case for progressive prosecution; then, it makes the case for zealous indigent defense; then, it identifies the obstacles and challenges for both kinds of lawyers …

State Of Tennessee Board Of Parole 2022-23 Annual Report, Tennessee. Board Of Parole.

Board of Parole

No abstract provided.

A Fiduciary Theory Of Progressive Prosecution, Bruce Green, Rebecca Roiphe

Articles & Chapters

Progressive prosecutors differ from their more traditional counterparts primarily in the way in which they make decisions. They tend to bind their discretion by announcing categorical policies rather than making fact-based decisions case by case. This article catalogs the unusual degree of pushback progressive prosecutors have encountered from the public, legislatures, courts, police, and their own subordinate prosecutors. Drawing on fiduciary theory, it explains this reaction as a response to progressive prosecutors’ abdication of their fiduciary role. As a public fiduciary, prosecutors are entrusted with protecting the public’s abstract interest in justice, and an integral part of this role is …

Preface: New Directions In Prosecutorial Reform, Miriam Aroni Krinsky, Justin Murray, Maybell Romero

Articles & Chapters

This Preface, which introduces the American Criminal Law Review’s Symposium Issue on Reform-Minded Prosecution, begins by describing the power that prosecutors hold in the criminal legal system, which has historically gone unchecked and unquestioned. As mass incarceration, police violence, and wrong- ful convictions began to permeate the public consciousness, many communities focused their attention on the critical role of their local elected prosecutor and elected leaders who promised to do the job differently. Reform-minded prosecu- tors have enjoyed remarkable electoral successes over the past decade such that close to twenty percent of the U.S. population now resides in a jurisdiction …