Digital Commons Network^™

Sb 174: Revising Georgia's List Of Bail Restricted Offenses, Natalie E. Delatour, Lauren Meeler

Georgia State University Law Review

The Act amends Georgia’s law relating to the general provisions regarding bond and recognizances by revising the list of bail restricted offenses through the addition of both misdemeanor and felony crimes. The Act authorizes appointed judges who are fulfilling a vacancy of an elected judge to issue certain bonds and an unsecured judicial release in certain circumstances.

Hb 255: Reform Related To Georgia's Sexual Assault Protocol, Kacey Baine, Kirsten Fehlan

Georgia State University Law Review

The Act includes various amendments to Georgia’s sexual assault protocol. First, the Act creates a statewide tracking system for sexual assault kits. The system will track the location and status of kits through the investigative process and allow sexual assault victims to track or receive updates. Second, the Act requires that law enforcement agencies investigating a homicide or attempted homicide thought to be serial, random, or sexually motivated input information into a national database maintained by the Federal Bureau of Investigation.

Hb 286: Restricting Local And Municipal Governments' Ability To Reduce Police Department Funding, Gia Franchi Souza, Casey Frew

Georgia State University Law Review

The Act primarily functions to restrict the ability of county and municipal or consolidated government authorities to reduce funding for county and municipal police departments. In addition, the Act provides exceptions for police departments with less than twenty-five officers.

Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0

Washington Law Review

RACE & WASHINGTON’S CRIMINAL JUSTICE SYSTEM:

EDITOR’S NOTE

As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade later, we are honored to join once again to present the findings of Task Force 2.0. Law journals have enabled generations of legal professionals to introduce, vet, and distribute new ideas, critiques of existing legal structures, and reflections …

Administrative Sabotage, David L. Noll

Michigan Law Review

Government can sabotage itself. From the president’s choice of agency heads to agency budgets, regulations, and litigating positions, presidents and their appointees have undermined the very programs they administer. But why would an agency try to put itself out of business? And how can agencies that are subject to an array of political and legal checks sabotage statutory programs?

This Article offers an account of the “what, why, and how” of administrative sabotage that answers those questions. It contends that sabotage reflects a distinct mode of agency action that is more permanent, more destructive, and more democratically illegitimate than more-studied …

Prospects For Reform? The Collapse Of Community Policing In Chicago, Wesley G. Skogan

University of Chicago Law Review

In an era of renewed enthusiasm for police reform, it could be instructive to examine how reforms—even successful reforms—fail. In the 1990s and 2000s, Chicago’s community-policing initiative was widely recognized as one of the most impressive in the country. In short order, it then collapsed. Community policing’s accomplishments were numerous, but it fell victim to issues commonly facing reform: money—especially the impact of economic downturns; leadership turnover and policy preferences; changes in the social, political, and crime environments; and the emergence of new technologies for responding to community concerns.

Identifying And Measuring Excessive And Discriminatory Policing, Alex Chohlas-Wood,, Marissa Gerchick, Sharad Goel, Aziz Z. Huq, Amy Shoemaker, Ravi Shroff, Keniel Yao

University of Chicago Law Review

We describe and apply three empirical approaches to identify superfluous police activity, unjustified racially disparate impacts, and limits to regulatory interventions. First, using cost-benefit analysis, we show that traffic and pedestrian stops in Nashville and New York City disproportionately impacted communities of color without achieving their stated public-safety goals. Second, we address a long-standing problem in discrimination research by presenting an empirical approach for identifying “similarly situated” individuals and, in so doing, quantify potentially unjustified disparities in stop policies in New York City and Chicago. Finally, taking a holistic view of police contact in Chicago and Philadelphia, we show that …

Racially Territorial Policing In Black Neighborhoods, Elise C. Boddie

University of Chicago Law Review

This Essay explores police practices that marginalize Black people by limiting their freedom of movement across the spaces of Black neighborhoods. In an earlier article, I theorized “racial territoriality” as a form of discrimination that “excludes people of color from—or marginalizes them within—racialized White spaces that have a racially exclusive history, practice, and/or reputation.” In this Essay, I consider how my theory of racial territoriality could apply to policing. It offers an ac-count of how police not only criminalize Black people but also criminalize Black spaces, ostensibly justifying them—and the people who live in or frequent them—as “natural” targets for …

Cities, Preemption, And The Statutory Second Amendment, Joseph Blocher

University of Chicago Law Review

Although the Second Amendment tends to dominate the discussion about legal limits on gun regulation, nothing has done more to shape the state of urban gun law than state preemption laws, which fully or partially limit cities’ ability to regulate guns at the local level. The goals of this short Essay are to shed light on this “Statutory Second Amendment” and to provide a basic framework for evaluating it.

Hope For The Hopeless: The Prison Resources Repurposing Act, Phillip Vance Smith Ii, Timothy Wayne Johnson

North Carolina Law Review

No abstract provided.

Using Flight Simulation As A Convenient Method For Uas Flight Assessment For Contractors, Colin Dees, Joseph M. Burgett

The Professional Constructor

Operating an unmanned aircraft system (UAS) for commercial purposes in the United States requires the pilot to pass the Federal Aviation Administration’s (FAA’s) knowledge exam to earn their UAS license. The exam does not include a practical component where flight proficiency is assessed. This represents a source of risk for contractors if flight proficiency is not evaluated in another way. The National Institute of Standards and Technology is a federal agency and has developed the Basic Maneuvering Test (BMT). It is the only nationally recognized UAS flight proficiency exam. While not required, the construction industry can benefit by using this …

The Place Of The Prosecutor In Abolitionist Praxis, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Annual Litter Grant Report 2021, Tennessee. Department Of Transportation.

Litter Grant Report

No abstract provided.

Moral Panic And The War On Drugs, Phil Lord

The University of New Hampshire Law Review

No abstract provided.

Your Liberty Is Not A Right To Jeopardize My Health: How A State Covid-19 Vaccine Mandate Promotes Health Justice, Rebecca L. Doloski

Marquette Benefits and Social Welfare Law Review

The COVID-19 pandemic has once again brought the vaccine debate into the national spotlight. Except this time, whether to be vaccinated or not has become widely politicized and the rapid spread of misinformation has led to a deadly game of those who refuse to be vaccinated not only allowing themselves to be susceptible to a deadly virus, but also putting others at risk. In addition to the misinformation and politicization of this issue, the question of constitutionality of such measures is back in the spotlight as potential state vaccine mandates appear to be on the horizon. This paper seeks to …

Deporting Jane Doe: When Immigrant Crime Victims Fall Through The Cracks Of The Law Designed To Protect Them, Ericka Curran

School of Law Faculty Publications

No abstract provided.

Fear, Insanity, And Loathing In Nevada, Alexandra Mateo

Nevada Law Journal

No abstract provided.

Fee Retrenchment In Immigration Habeas, Seth Katsuya Endo

Fordham Law Review

For noncitizens facing removal, habeas corpus provides one of very few avenues for Article III review. For decades, habeas proceedings have been interpreted as falling under the ambit of the Equal Access to Justice Act (EAJA), which provides for the award of attorneys’ fees to prevailing parties in suits against the federal government. But this understanding is being challenged, threatening the judicial backstop to executive and legislative overreach in immigration. Reducing the ability of lawyers to recover their fees in these circumstances will reduce the number and quality of habeas challenges by individuals being detained while they await removal—a particularly …

Volume 120, Number 2 - Tuesday, March 1st, 2022 - 44 Days Edition, Saint Mary's College Of Califiornia

The Collegian

No abstract provided.

Regulating Natural Gas Venting And Flaring As Waste: A Review Of The New Mexico Approach, Joseph A. Schremmer

Faculty Scholarship

Special issue: Law and Policy for Gas Flaring in a Low-Carbon Economy.

This essay interrogates the regulation of routine venting and flaring of natural gas as a source of prohibited “waste,” using New Mexico’s recently adopted Waste Rule as an example. It begins with a survey of both the environmental and economic benefits to be achieved by limiting or eliminating venting and flaring and the direct and indirect costs of doing so, including the forgone opportunity to produce crude oil. Then the essay explains the common law and statutory definitions of “waste” to demonstrate that the concept implicates a balancing …

Stateless Citizens: The Impact Of Criminal Record’S Collateral Consequences On Voting And Employment, James A. Jones Ii

Southern Illinois University Law Journal

Collateral consequences act as additional civil punishments imposed on criminal offenders after completing the terms of their sentences. Collateral consequences prevent individuals with criminal records from voting, accessing government housing and assistance, obtaining gainful employment, fully participating in civic duties, and wholly reintegrating into society. Furthermore, extensive research suggests that collateral consequences increase recidivism and have no real relation to public safety. This note explores the history of collateral consequences that impact voting and employment, examines efforts at both the state and federal level to limit those impacts, and offers suggestions for reforms that would go a step further.

Who Decides: What The Constitution Says About Parental Authority And The Rights Of Minor Children To Seek Gender Transition Treatment, F. Lee Francis

Southern Illinois University Law Journal

Transgender advocates argue that minor children ought to be able to make their own decisions regarding transition. Advocates further argue that such a choice should be permitted without parental consent. The minor children’s transgender moment has the potential to drastically erode the traditional understanding of parental rights. What individuals such as Elliot Page, Caitlyn Jenner, and Laverne Cox all have in common is the fact that they were adults when they transitioned, not children. Children, this article asserts, are mentally incapable of understanding the full effect of transition and the damage inflicted by gender transition treatment and surgery.

As such, …

An Analysis Of Telework Performance During The Covid-19 Pandemic, Patrick J. Lopez

Theses and Dissertations

The COVID-19 pandemic forced many individuals to shift from an atmosphere of face-to-face work to the digital work environment known as telework. Telework is an effective mitigation tool that ensures the continuity of operations. However, maximized telework may not be effective for all individuals. Many individual, organizational, and group level factors influence one’s telework performance and this study examines four of the most influential antecedents. Using linear regression analysis, conscientiousness, overload, communication, and non-distractibility were found to be significant predictors that account for over half the variance explained in telework performance. Supported by self-regulation theories, both conscientiousness and non-distractibility contained …

Defelonization And Police Decision-Making: A Phenomenological Study Of Policing Behaviors In Los Angeles County Post-Proposition 47, Stephen William Bell

Doctoral Dissertations and Projects

The purpose of this transcendental phenomenological study was to explore how law enforcement officers in Los Angeles County described their lived experiences of engaging in discretionary enforcement behaviors when policing narcotics crimes. Rational choice theory provided the theoretical framework for the study. The two research questions asked the following: 1) What does Proposition 47 mean to law enforcement officers in Los Angeles County in relation to their self-efficacy to police narcotic offenses? 2) What do law enforcement officers in Los Angeles County share as challenges when policing narcotic offenses in their communities after the ratification of Proposition 47? Purposeful sampling …

The Democratizing Potential Of Algorithms?, Ngozi Okidegbe

Faculty Scholarship

Jurisdictions are increasingly embracing the use of pretrial risk assessment algorithms as a solution to the problem of mass pretrial incarceration. Conversations about the use of pretrial algorithms in legal scholarship have tended to focus on their opacity, determinativeness, reliability, validity, or their (in)ability to reduce high rates of incarceration as well as racial and socioeconomic disparities within the pretrial system. This Article breaks from this tendency, examining these algorithms from a democratization of criminal law perspective. Using this framework, it points out that currently employed algorithms are exclusionary of the viewpoints and values of the racially marginalized communities most …

Covid-19 Newsletter (Vol. 108), Center For Disaster Medicine, New York Medical College

COVID-19 Newsletter

No abstract provided.

Looking Back, Looking Forward: Resilience And Persistence In A Klamath Tribal Community, Thomas J. Connolly, Christopher L. Ruiz, Douglas Deur, Perry Chocktoot Jr., Jaime L. Kennedy, Dennis L. Jenkins, Julia A. Knowles

Anthropology Faculty Publications and Presentations

The process of human culture entails a perpetual negotiation between the familiar and the new. In the Americas, this process was much accelerated and amplified within Native communities by the historical processes of colonization. We use the record of the Beatty Curve archaeological site in south-central Oregon to examine how members of the Klamath Tribes and their ancestors selectively adopted, adapted, or repurposed introduced materials and practices most compatible with traditional lifeways and values while also maintaining many traditional practices, both overtly and covertly. Transformations from pre-contact to reservation life, and through Termination and Restoration in the 20th century, are …

Raps Sheet, March 2022, Retirement Association Of Portland State

RAPS Sheet: Monthly Newsletter

No abstract provided.

Revisiting Proactive And Reactive Pathways To Resilience Among Cism-Trained Responders And General Population Participants: Mechanisms That Contribute To Building Overall Psychological Body Armortm, Harvey J. Burnett Jr., Justine Jaeger, Kristen R. Witzel, Karl G. D. Bailey

Faculty Publications

Two previous studies by Burnett and colleagues found preliminary support for several innate well-being and behavioral variables that contribute to one’s Psychological Body Armor’sTM (PBA), which is comprised of two unique interacting pathways (proactive and reactive resilience) among trained disaster mental health responders and the general population. This study sought to improve, expand, and replicate the findings of these two studies. Data was collected from 509 Amazon Mechanical Turk workers and 343 trained novice and experienced disaster mental health crisis intervention responders, who were general members of the International Critical Incident Stress Foundation or the Michigan Crisis Response Association, eight …

Online Falsehoods, Constitutional Free Speech And Its Limits: The Online Citizen V The Attorney-General, Gary K. Y. Chan

Research Collection Yong Pung How School Of Law

The Singapore Court of Appeal has for the first time in The Online Citizen v The Attorney-General (8 October 2021) adjudicated on the constitutionality of correction directions issued by Ministers against allegedly false statements of fact under the Protection from Online Falsehoods and Manipulation Act 2019. An overarching framework was utilised to assess whether the Ministerial directions restrict free speech under Article 14(1)(a) of the Constitution; if so, whether the restrictions are justifiable under the Constitution and whether there is a rational nexus between the statutory aims and enumerated exceptions. This case comment also examines the constitutional stance towards subject …