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Will The New Roberts Court Revive A Formalist Approach To Fourth Amendment Jurisprudence?, Roger Antonio Tejada

UC Law Constitutional Quarterly

While all Chief Justices leave behind distinctive periods of judicial thought and practice, the quantitative and qualitative data presented in this article show that the Roberts Court in particular stands out in the development of Fourth Amendment precedent. The key cases that shaped the search and seizure doctrine before and during his rise show that, contrary to what many may expect, Chief Justice Roberts will likely oversee limited, pro-defendant decisions that could grant additional legitimacy to the Court’s crime-control jurisprudence. On the other hand, the new Justices’ voting records and writings suggest that there are several potential coalitions that could …

The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia González, Mara Schiff

William & Mary Journal of Race, Gender, and Social Justice

As diverse forms of anti-democratic and anti-inclusionary politics escalate in the United States, public education is increasingly a site for retrenchment and contestation with targeted efforts to silence and erase civil rights victories for equity and access. Addressing a critical, yet unattended issue at the intersection of education law and policy and civil rights, this Article joins with the growing discourse interrogating the “parental rights” movement and racially regressive legislation. Employing a case study analysis of social movement activism and education policy legislation from 2018–2023 in Florida, it aims to provoke critical praxis emanating from essential inquiry— what is the …

Masking Identity At Public Protests, Deborah R. Gerhardt

William & Mary Journal of Race, Gender, and Social Justice

As masks have become increasingly popular at public protests, government officials, college administrators and law enforcement are struggling with how to handle masked protesters who evade responsibility for violence and intimidation. While some wear masks to safely engage in anonymous speech, others wear them to avoid accountability for violence and intimidation.

This Article will explore these issues to assist those seeking to enact constitutionally valid mask policies. To situate today’s mask regulation challenges in the context of American history, Part I reviews events that led to enactment of anti-mask laws many years ago. Part II explains when the First Amendment …

Git Gud: The Case For Virtual Prison Games In The Fourth Industrial Revolution, Colleen M. O'Toole, Calvin V. Nguyen

Northern Illinois University Law Review

This Article aims to reframe the debate over how best to address the enormous financial and social costs of a criminal justice system which relies on traditional, brick-and-mortar prisons to control criminal behavior. Addressing the question of responsibility, it evaluates the role that judges and prosecutors play in perpetuating a persistent cycle of crime, arrest, and incarceration in a brick-and-mortar prison system, what this Article calls “Shawshank” prisons. Two forces which have shaped the criminal justice system are singled out for special attention: the bail system and the role of race in American politics.

After comparing the cost of the …

Vol. 45, No. 1, Fall 2024: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

Table of Contents and Masthead for Volume 45, Issue 1 of the Northern Illinois Law Review

Rate Convenants In Municipal Bonds: Selling Away Civil Rights And Fair Housing Goals, Jade A. Craig

Denver Law Review

State and local governments across the United States issue municipal bonds to raise capital to cover infrastructure projects. Jurisdictions issue revenue bonds to fund projects ranging from improvements to public utilities and toll roads to convention centers and retirement communities. These revenue bonds often include a rate covenant, a provision in which the local government issuer assures bondholders that the user fees the project raises will adequately service the debt. These covenants generally do not reserve state and local governments the right to lower rates in the public interest, nor do they impose a restriction on how high the rates …

Intoxicated Scootering: Rethinking Electric Scooter Liability In Washington, David Goodwin

Washington Law Review

The widespread acceptance of electric scooters has transformed the landscape of urban transportation. Yet, the emerging phenomenon of intoxicated scootering poses unanswered questions of liability and accountability. New research indicates that a third of traumatic electric scooter injuries are associated with intoxicated scootering. This statistic is particularly alarming given that there are over fifty million scooter trips per year in the United States.

In Washington State, the State Legislature has not enacted a state-wide policy against intoxicated scootering. Instead, the Legislature delegates the authority to regulate the operation of electric scooters to local governments. Due to the ambiguity of whether …

The Importance Of Policing, Stephen Rushin

South Carolina Law Review

No abstract provided.

Not Just Mercy: Governors Should Use The Executive Clemency Power As A Corrective Tool For Mass Incarceration, Laura Tierney

Cardozo Journal of Equal Rights & Social Justice

The note argues that state governors should revive the use of executive clemency as a corrective tool to address mass incarceration and its disproportionate impact on communities of color. Executive clemency, which includes pardons, commutations, and sentence reductions, offers a means to provide immediate relief and promote social justice. The author emphasizes the historical roots of clemency as a check on the criminal justice system and advocates for its use to reduce prison populations and counteract the legacy of punitive policies.

Fira: Deciphering The Constitutionality Of Illinois’S Approach To Gun Industry Accountability, Hashem El-Sharif

Northern Illinois University Law Review

After a deep sense of discontent with the barrage of lawsuits lobbed at the firearms industry for the criminal misuse of its products, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005. Since its passage, the PLCAA has served as a highly effective shield, generally protecting the gun industry from civil liability for the unlawful misuse of its firearms. The PLCAA, however, does outline some exceptions allowing certain gun manufacturers in certain situations to be sued. In 2023, Illinois Governor JB Pritzker signed the Firearm Industry Responsibility Act (FIRA) into law. FIRA seeks to hold the …

St. Mary's University - Music Department - Elizabeth Hish, Qiuying Chen

Music Department

Beth Hish shared her experience as a volunteer of the Fiesta Jazz Festival, included her role and favourite moment.

In Brief, Case Western Reserve University School Of Law

In Brief

Table of Contents

• To preserve, protect and expand
• Road to victory
• Welcoming a legal luminary
• Scholarly Impacts and Recognitions
• Pro bono pathways
• Society of Benchers
• Alumni Committees
• Class Notes
• In Memoriam
• Honor Roll of Donors

Negara Hukum Kesejahteraan Di Batas Pantai: Paradoks Perlindungan Negara Terhadap Masyarakat Pesisir Di Tengah Perubahan Iklim, Aji Baskoro

Jurnal Ilmu Kesejahteraan Sosial

Climate change poses significant challenges to vulnerable coastal communities in Indonesia. As a welfare state, the Indonesian government is expected to safeguard these vulnerable groups through policies that promote their welfare and sustainable livelihoods. However, current policies create a paradox. This article explores this paradox: on the one hand, Indonesia adheres to the welfare state principle, which demands that all government actions be grounded in law, ensuring public safety and welfare. On the other hand, the policies focus on exploiting natural resources, exacerbating the vulnerabilities of coastal communities, particularly in the face of climate change. The article employs a normative …

Country Roads, Take Me To Home Rule, Jesse J. Richardson Jr.

Law Faculty Scholarship

No abstract provided.

2024 Student Development Impact Report, University Of Dayton. Student Development

Student Development Documents

Throughout the year, whether gathering to witness a rare and historic eclipse or creating spaces for inspiring conversations, the Division of Student Development has united our voices toward a greater good. This impact report reflects a strong sense of community and a holistic approach to preparing students for success. We remain committed to creating spaces where everyone’s perspectives are heard and valued. Our focus in the coming years will be to:

• Inspire leaders for the common good
• Advance holistic well-being
• Foster inclusive excellence
• Enhance campus safety
• Cultivate a flourishing workplace

The Jeanne Clery Disclosure Report 2024, Sacred Heart University

News, Magazines and Reports

"2024 Sacred Heart University Department of Public Safety Annual Campus Crime & Fire Report."

Shocking Sentences, John B. Meixner Jr.

Scholarly Works

Harsh recidivist sentencing penalties, like three-strikes laws, have been criticized heavily among both academics and practitioners on a number of different grounds. Most arguments focus on how sentences arising from these penalties are disproportionate—that there is no sensible relationship between the wrong committed and the sentence imposed. Those critiques are valid, but there’s another important problem with recidivist sentencing penalties that has been overlooked: they lead to sentences that are totally unexpected—indeed, shocking—to the defendants who face them. Many recidivist sentencing penalties cause large leaps in sentencing exposure that amount to exponential growth when compared with a defendant’s prior sentences. …

Defamation Or Impersonation? Working Towards A Legislative Remedy For Deepfake Election Misinformation, John Thayer

William & Mary Law Review

This Note explores how election deepfakes fit into the broader frameworks of defamation and impersonation law and posits that Congress and the judiciary may remedy the threat by borrowing from both areas of law. It builds on existing scholarship that has addressed the issue of deepfakes in both the electoral context as well as the general context. Furthermore, it expands upon scholars’ prior identification of these areas of law as potential avenues for regulating election deepfakes.11 It posits that solutions to election deepfakes offered by Professors Rebecca Green and Rick Hasen could go even further while still surviving constitutional scrutiny, …

Unlocking The Vote: Hopkins V. Hosemann As A Catalyst For Restoring Voting Rights To Nonviolent Felons, Emily K. Abrams

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Zero-Shot Object Counting With Good Exemplars, Huilin Zhu, Jingling Yuan, Zhengwei Yang, Yu Guo, Zheng Wang, Xian Zhong, Shengfeng He

Research Collection School Of Computing and Information Systems

Zero-shot object counting (ZOC) aims to enumerate objects in images using only the names of object classes during testing, without the need for manual annotations. However, a critical challenge in current ZOC methods lies in their inability to identify high-quality exemplars effectively. This deficiency hampers scalability across diverse classes and undermines the development of strong visual associations between the identified classes and image content. To this end, we propose the Visual Association-based Zero-shot Object Counting (VA-Count) framework. VACount consists of an Exemplar Enhancement Module (EEM) and a Noise Suppression Module (NSM) that synergistically refine the process of class exemplar identification …

Kansas Speaks Fall 2024 Statewide Public Opinion Survey: Addendum Included, Brett Zollinger Ph.D., Jian Sun Ph.D., Michael Walker M.S., Marisa M. Johnson M.B.A., Leslie Watson-Divittore M.S., Hannah Cross

Docking Institute of Public Affairs

In service to Kansans, the Docking Institute of Public Affairs conducts the Kansas Speaks survey and offers this report of the survey’s findings. The Institute is the primary sponsor of this survey, funding it with operating reserves made possible by the Institute’s applied research and organizational planning consulting work. This year the Wichita Journalism Collaborative joined the Institute by providing co-sponsorship.

REPORT ADDENDUM: Accounting for the Differential Between the Kansas 2024 Presidential Vote and the 2024 Kansas Speaks Survey Presidential Preference Findings.

Differential between the 2024 Kansas presidential vote and the Kansas Speaks survey presidential preference findings

(10/31/24 correction to …

Emergency Powers For Good, Elena Chachko, Katerina Linos

William & Mary Law Review

Emergency powers are widely, and justly, criticized as threats to the rule of law. In the United States, forty-three declared emergencies give the executive vast authority to exercise power unencumbered by standard legal and procedural requirements. A long tradition of executive use of emergency powers to erode civil liberties amplifies fears of executive overreach.

Yet this, we argue, is only part of the picture. We examine how emergency powers can be used for good. We argue that under certain limited conditions, political actors can legitimately invoke emergency powers to transform public policy. In addition to widely accepted requirements of crisis …

U.S. District Judge Orders Indiana Department Of Correction To Provide Gender-Affirming Surgery For Transgender Individual With Severe Gender Dysphoria, Arthur S. Leonard

Other Publications

No abstract provided.

In Or Out?: Understanding The Japanese Immigration Policymaking Process And The Sub-National Response To The Challenge Of Global Migration, Jeorge G. Alarcon Jr.

Journal Article

There is no comprehensive Japanese immigration policy. The central government has refused to formally acknowledge a need for an immigration policy, viewing immigrants as a threat to public order and cultural homogeneity. Despite this, local governments still need to address the needs of their foreign residents and maintain the peace in the local communities. Some of these policies dovetail with each other; others have no counterpart on the other level of governance. What one can then observe with the national government in Tokyo and the local governments instead is a patchwork that involves some tangential, but for the main part, …

A Wrong In Search Of A Duty: Public Nuisance, Social Media And The Youth Mental Health Crisis, Charles Bachmann

Cardozo Journal of Equal Rights & Social Justice

The note argues that social media companies should be held accountable for their role in the youth mental health crisis through the legal framework of public nuisance law. Drawing parallels to successful cases against tobacco and opioid companies, the author contends that social media platforms, by prioritizing profits over user well-being, contribute to widespread harm such as anxiety, depression, and suicide among youth. While acknowledging concerns about judicial overreach and the challenges of proving causation, the note advocates for judicial intervention as a necessary corrective in the absence of effective legislative action.

South Carolina Verifiable Training Course Presented By The Department Of Pesticide Regulation [Master's Project Slides], Stoney Bachman

Department of Entomology: Distance Master of Science Projects

Materials presenting the South Carolina verifiable training course Presented by the Department of Pesticide Regulation.

Includes a variety of supplemental materials.

Perception Of Recreational Water Quality In The Scholarly Literature: Where Have We Been & Where Should We Go, Xavier Alberto Basurto Cendeno

Theses and Dissertations

This study explores existing literature and research themes between water quality and recreational participation through use of a bibliometric analysis with content analysis. It identifies key researchers, institutions, and themes that have shaped the field. Despite the growing body of research, gaps remain in understanding the state of the research on this important topic. By analyzing trends and how these trends have changed over time, this study aims to offer insights for future research agendas. Ultimately, the findings will inform strategies for improving water quality management and fostering more resilient, timely water-based recreational research.

Measurement And Prediction Of Transit System Performance Using Probe Data Generated Through Dsrc And Non-Dsrc Technologies, Gregory L. Newmark

Mineta Transportation Institute

This research explores the application of two different probe data standards to transit performance measurement. The first section chronicles the proposed and implemented transit uses of dedicated short-range communication (DSRC) technologies during the two decades between the standard’s emergence and its announced sunset. The research finds that, despite proposed applications across safety, operation, and information domains, DSRC never became embedded in transit operations. By contrast, the general transit feed specification (GTFS) standard with its real-time (RT) extension has been widely embraced and offers the potential to use the associated VehiclePosition messages as probe data to generate detailed transit performance metrics. …

Theistic Illiberal Constitutionalism: A Review Of Adrian Vermeule’S Common Good Constitutionalism, Kyron J. Huigens

Articles

Adrian Vermeule’s Common Good Constitutionalism drew a remarkable amount of attention from constitutional law scholars when it was published in 2020. About eighteen months later, Vermeule published a piece complaining that the critics had missed the point, that they had ignored the natural law jurisprudence that grounds the work. He was correct. This Review addresses Vermeule’s natural law jurisprudence, emphasizing the fact that it is a religious natural law jurisprudence. His arguments are in the tradition of ScholasticismAristotelian logic incorporated into Christian theology by St. Thomas Aquinas. Scholasticism is a remarkably weak foundation for constitutional jurisprudence. It is a vast …

Pedestrian-Motorist Self-Reported Behavioral Intentions Toward Using Alternative And Standard Safety Infrastructure, Emma Sunshine Hood

Psychology Theses & Dissertations

The increasing trend in pedestrian-motorist incidents on American roadways warrants a novel solution for improving roadway safety. Alternative crosswalk designs have piqued communities both in the United States and abroad. Designs range from slight changes in colors to extravagant illusions of the roadway falling beneath users. These crosswalk designs are not novel, literature on their efficacy as safety infrastructure is modest with mixed results. The purpose of the study was to expand the current literature on alternative crosswalk designs. The author hypothesized that the differences in behavioral intentions at alternative and standard safety infrastructure would be greater for younger male …