Digital Commons Network^™

Feasibility Assessment Of Special Management Areas To Enhance Recreational Fisheries And Habitat, Savanna Barry, Thomas T. Ankersen, Edward Camp, Mark Clark, Lauren Griffiths, Micheal Allen

UF Law Faculty Publications

Nearshore recreational fisheries provide tremendous value to the Florida economy. These fisheries are dependent on the availability of high-quality habitat, and sound fisheries management. Habitat can be degraded by several factors, including damage to seagrass flats by propellers of power boats operating in shallow waters (prop scarring). The current fisheries management framework employs regulations limiting harvest by season, fish length, and bag limit (number of fish harvestable per angler per day). Regulations often vary due to regional differences in fishery stocks and population dynamics.

Our team’s overall goal in undertaking this work was to assess the feasibility of creating special …

Autonomous Vehicle Regulation & Trust: The Impact Of Failures To Comply With Standards, William H. Widen, Phillip Koopman

Articles

The autonomous vehicle (AV) industry works very hard to create public trust in both AV technology and its developers. Building trust is part of a strategy to permit the industry itself to manage the testing and deployment of AV technology without regulatory interference. This article explains how industry actions to promote trust (both individually and collectively) have created concerns rather than comfort with this emerging technology. The article suggests how the industry might change its current approach to law and regulation from an adversarial posture to a more cooperative one in which a space is created for government regulation consistent …

"Close The Sores Of War": Why Georgia Needs New Legislation To Address Its Confederate Monuments, Abigail Coker

Georgia State University Law Review

Confederate monuments have been a point of contention in America for decades, but a series of events since 2015 have stoked the most recent movement calling for their removal. In 2015, Dylann Roof murdered Black churchgoers at a historically Black church in Charleston, South Carolina. Because Roof was seemingly motivated and emboldened by Confederate ideology, many focused their attention on removing the more than 700 Confederate monuments throughout the country. Then, in August 2017, a large white nationalist rally assembled in Charlottesville, Virginia, to protest the removal of a statue of Robert E. Lee from Charlottesville’s Emancipation Park. The demonstrations …

Faculty And Staff Experiences In Early Covid, Norma Anderson, Kimberly E. Fox

Bridgewater Review

No abstract provided.

Embracing Crimmigration To Curtail Immigration Detention, Pedro Gerson

Faculty Scholarship

Immigration advocates have long objected to both the constitutionality and conditions of immigration detention. However, legal challenges to the practice have been largely unsuccessful due to immigration law’s “exceptionality.” Placing recent litigation carried out against immigration detention during the COVID-19 pandemic within the context of the judiciary’s approach to immigration, this Article argues that litigation is an extremely limited strategic avenue to curtail the use of immigration detention. I then argue that anti-immigration detention advocates should attempt to incorporate their agenda into criminal legal reform and decarceration efforts. This is important for both movements. Normatively, immigration detention raises comparable issues: …

The Progressive Love Affair With The Carceral State, Kate Levine

Michigan Law Review

A Review of The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration. By Aya Gruber.

Click It Or Ticket, But Don’T Admit It? How Unrestrained Drivers And Passengers Take Us For A Ride, E.R. Wright

Mercer Law Review

While the COVID-19 crisis has forced societies and governments to confront new challenges and answer new questions, it has also renewed and reignited longstanding debates about the extent of individuals’ obligations to each other. In particular, the American body politic is once again embroiled in conflict over the reach of an individual’s personal choices and the extent to which consideration of the potentially harmful effects of our choices on others should shape individual behaviors. Today, this fight centers on public health measures intended to reduce the spread and severity of COVID-19, such as masking, distancing, and vaccination. Debates rage over …

Sheriffs, State Troopers, And The Spillover Effects Of Immigration Policing, Huyen Pham, Pham Hoang Van

Faculty Scholarship

As the Biden Administration decides whether to continue the 287(g) program (the controversial program deputizing local law enforcement officers to enforce federal immigration laws), our research shows that the program has broader negative effects on policing behavior than previously identified. To date, debate about the 287(g) program has focused exclusively on the policing behavior of law enforcement agencies like sheriff’s offices that sign the agreements, and on concerns that these signatory local enforcement agencies (“LEAs”) engage in racial profiling. Our research shows that the agreements also negatively affect the behavior of nearby, nonsignatory law enforcement agencies. Using 18 million traffic …

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

Taking The Fight Out Of Fighting Words On The Doctrine’S Eightieth Anniversary: What “N” Word Litigation Today Reveals About Assumptions, Flaws And Goals Of A First Amendment Principle In Disarray, Clay Calvert

Missouri Law Review

Analyzing a trio of recent rulings involving usage of the “N” word by white people directed at Black individuals, this Article explores problems with the United States Supreme Court’s fighting words doctrine on its eightieth anniversary. In the process of examining these cases and the troubles they illuminate, including the doctrine’s dubious reliance on racial and gender-based stereotypes, this Article calls for the Supreme Court to do more than merely refine its amorphous contours that lower courts now are fleshing out for themselves. Specifically, this Article contends that the Court must reconsider the foundational goals that animate this aging, often-criticized …

Born-Again Rfra: Will The Military Backslide On Its Religious Conversion?, Michael Berry, Antony Barone Kolenc

Missouri Law Review

This Article details the importance of religious freedom in the United States and its armed forces, as well as the unfortunate history of non-accommodation that has plagued the Department of Defense (DoD) until recent years. It reviews the jurisprudence surrounding military service member free-exercise claims before and after the landmark Religious Freedom Restoration Act (RFRA) of 1993, and it analyzes how courts have addressed those claims within the military. It proposes an analysis for handing religious accommodation claims under RFRA in the military, and examines a series of hypotheticals that demonstrate the issues the DoD must confront and accommodate if …

Bridgewater Review, Vol. 40, No. 1, April 2022

Bridgewater Review

No abstract provided.

Refoulement As Pandemic Policy, Haiyun Damon-Feng

Washington International Law Journal

COVID-19 restrictions on access to asylum likely violate non-refoulement obligations under international and federal law, and while they are extreme, they are not unique. There is a small but growing body of scholarly literature that rightly argues that such policies are pretextual covers used to enact restrictive immigration policy goals, but these arguments generally arise from an ahistorical perspective. This article positions restrictive COVID immigration policies in a broader historical context and argues that the United States has a long history of weaponizing fear of disease and contagion from migrants to justify restrictive immigration policies. The article offers a historical …

Flood Detection In Urban Areas Using Satellite Imagery And Machine Learning, Ahad Hasan Tanim, Callum Blake Mcrae, Hassan Tavakol-Davani, Erfan Goharian

Faculty Publications

Urban flooding poses risks to the safety of drivers and pedestrians, and damages infrastructures and lifelines. It is important to accommodate cities and local agencies with enhanced rapid flood detection skills and tools to better understand how much flooding a region may experience at a certain period of time. This results in flood management orders being announced in a timely manner, allowing residents and drivers to preemptively avoid flooded areas. This research combines information received from ground observed data derived from road closure reports from the police department, with remotely sensed satellite imagery to develop and train machine-learning models for …

The Neuroscience Of Qualified Immunity, Gary S. Gildin

Dickinson Law Review (2017-Present)

Qualified immunity not only absolves public officials from accountability for the damages caused when they deprive a citizen of their constitutional rights; by virtue of companion doctrines shielding governmental entities from liability, conferral of immunity leaves the victim to bear the loss. Therefore, it is essential that the contours of immunity be carefully calibrated to align with its intended purposes.

The United States Supreme Court has continuously expanded immunity to protect the exercise of discretion where, albeit acting in violation of constitutional norms, the official could have reasonably believed their conduct was constitutional. This Article exposes the implicit assumptions as …

Whither Rationality, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

No Justice, No Pleas: Subverting Mass Incarceration Through Defendant Collective Action, Andrew Manuel Crespo

Fordham Law Review

The American penal system is a system of massive, racially unjust incarceration. It is also, to quote the U.S. Supreme Court, a “system of pleas.” The latter drives the former, as coercive plea bargaining makes it possible for the state to do two things that are otherwise hard to pull off at once: increase convictions and sentence lengths. Mass incarceration is a predictable result. But while plea bargaining is intensely coercive when leveraged against individuals, the system of pleas has a structural weak point. That Achilles’ heel is exposed once we see people facing prosecution not as isolated individuals but …

Progressive Prosecutors Are Not Trying To Dismantle The Master’S House, And The Master Wouldn’T Let Them Anyway, Paul Butler

Fordham Law Review

The first thing to note about Audre Lorde’s famous phrase “the master’s tools will never dismantle the master’s house” is that it cannot literally be true. If tools can dismantle the master’s house, the master’s own tools would be good as anyone’s. The main problem would not be that the tools don’t work, but rather how to get them to the people who most need the master’s house dismantled—the enslaved ones. But the considerable work that the phrase does in social justice movements and critical theory is figurative rather than literal. It is usually intended as a rebuke of liberal …

A Knife In A Gunfight: Empowering North Carolina Municipalities To Close The Digital Divide, Pearson Cost

North Carolina Journal of Law & Technology

No abstract provided.

The Perfect Storm? Opioid Epidemic Meets Covid-19 Pandemic: Reevaluating The Role The Ryan Haight Act And The Dea Play In The Future Of Safe Access To Virtual Healthcare, Allison Gray

North Carolina Journal of Law & Technology

No abstract provided.

Recommendations For Strengthening The Kingdom Of Saudi Arabia's Management Of Non-Hazardous Solid Waste Informed By A Comparative Assessment Of The Management Of Non-Hazardous Solid Waste In The United Arab Emirates, Saud Hani Arab

Dissertations & Theses

Despite significant changes in the category and volume of waste, the Kingdom of Saudi Arabia (KSA) still manages refuse the same way it did decades ago. Before 1975, waste generators were responsible for collecting and disposing of nonhazardous solid waste (NSW). The KSA later set up the Ministry of Municipalities and Rural Affairs (MOMRA) in 1975 as a result of the oil boom. One of the initial tasks of MOMRA was to manage and develop NSW system. In addition to management, MOMRA also distributed waste bins throughout the KSA and hired waste haulers to be responsible for NSW. As I …

Effects Of Emergency Vehicle Warning Lighting System Characteristics On Driver Perception And Behavior, Emily Hiebner

Doctoral Dissertations and Master's Theses

Secondary crashes, including struck-by incidents are a leading cause of line-of-duty deaths among emergency responders, such as firefighters, law enforcement officers, and emergency medical service providers. The introduction of light emitting diode (LED) sources and advanced lighting control systems, provides a wide range of options for emergency lighting configurations. This study investigated the impact of lighting color, intensity, modulation, and flash rate on driver behavior while traversing a traffic incident scene at night. The impact of retroreflective chevron markings in combination with lighting configurations, as well as the measurement of “moth-to-flame” effects of emergency lighting on drivers was also investigated. …

A Felicitous Meme: The Eleventh Circuit Solves The Preiser Puzzle?, Lisa N. Beckmann, Arthur O. Brown

Mercer Law Review

This Article is about a legal phenomenon known as the Preiser Puzzle. More precisely, the article concerns a possible solution to the Preiser Puzzle articulated by the United States Court of Appeals for the Eleventh Circuit. In part, this Article has a descriptive aim: The Authors will explain the Eleventh Circuit’s solution both in the abstract (this section, below), and by giving issue–specific examples in section three that may prove useful to practitioners. Important issues at present include: (a) challenges to parole procedures, (b) method of execution challenges, and (c) requests for release from administrative segregation. Yet this Article also …

Urban Mayors Press - Spring 2022, John S. Watson Institute For Urban Policy & Research At Kean University

Urban Mayors Policy Center

No abstract provided.

Annual Report Of The Tennessee Emergency Communications Board, Fiscal Year 2021, Tennessee. Department Of Commerce And Insurance.

Emergency Communications Board Annual Report

No abstract provided.

Dipl 2120 International Conflict And Security, R. Joseph Huddleston Ph.D.

Diplomacy Syllabi

This course serves as a general introduction to the study of international security, a field primarily concerned with the threat and uses of force by state and non-state actors for political ends. Topics examined include the origins of major power wars, regional conflicts, civil wars, and international intervention, as well as terrorism, cyber, and information warfare.

By the end of the semester, students should have acquired knowledge and understanding of key concepts, theories, and debates involved in the study of contemporary international security. Students should also have developed the skills to: analyze complex international systems; find and synthesize empirical information; …

A Computer Vision-Based Method For Bolt Loosening Detection, Savannah Burdette

Honors Theses

Routine bolt-loosening inspection plays an essential role in managing and preventing the degradation of our nation’s highway bridges over time. Neglecting to perform these inspections could result in public safety concerns. The study of this thesis develops a cost-effective method of bolt-loosening detection based on computer vision. To this end, two input images of the bolted connections are collected at two different inspection times. The feature points are then identified from the input images, based on which a geometric transformation matrix is applied to correct any perspective differences between the two images. Next, we select the image patches of the …

The Pacifican April 2022, University Of The Pacific

All Issues - Student Newspaper, The Pacifican, Pacific Weekly

No abstract provided.

Bargaining For Abolition, Zohra Ahmed

Faculty Scholarship

What if instead of seeing criminal court as an institution driven by the operation of rules, we saw it as a workplace where people labor to criminalize those with the misfortune to be prosecuted? Early observers of twentieth century urban criminal courts likened them to factories.¹ Since then, commentators often deploy the pejorative epithet “assembly line justice” to describe criminal court’s processes.² The term conveys the criticism of a mechanical system delivering a form of justice that is impersonal and fallible. Perhaps unintentionally, the epithet reveals another truth: criminal court is also a workplace, and it takes labor …

The Right To Counsel In A Neoliberal Age, Zohra Ahmed

Faculty Scholarship

Legal scholarship tends to obscure how changes in criminal process relate to broader changes in the political and economic terrain. This Article offers a modest corrective to this tendency. By studying the U.S. Supreme Court’s right to counsel jurisprudence, as it has developed since the mid-70s, I show the pervasive impact of the concurrent rise of neoliberalism on relationships between defendants and their attorneys. Since 1975, the Court has emphasized two concerns in its rulings regarding the right to counsel: choice and autonomy. These, of course, are nominally good things for defendants to have. But by paying close attention to …