Digital Commons Network^™

Past As Prologue: Intercept & Surveillance Rules Under Hong Kong’S National Security Law, Hargreaves, Stuart

Santa Clara Journal of International Law

In response to civil unrest in 2019, in 2020 Beijing directly applied a new National Security Law to Hong Kong. Part of this law established a new system of rules for the authorisation of communications intercepts and covert surveillance in the context of certain national security offences. Interestingly, this new scheme looks in many ways like a prior system that was deemed unconstitutional by a Hong Kong court in 2006: it centralizes authorization authority in the executive branch and there is little external oversight of the process. This paper argues that the new system of rules regarding covert surveillance of …

The Puzzle Of Soft Law, Lorne Sossin, Chantelle Van Wiltenburg

Osgoode Hall Law Journal

Soft law is a puzzle. It shapes a wide range of public decision making, but its contents are said to lie beyond the rule of law. This paper explores the largely uncharted terrain of soft law in Canada. It is organized in three parts. Part I examines the existing treatment of soft law in Canadian jurisprudence, including soft law’s relationship to administrative law concepts such as the standard of reasonableness and the Constitution. Part II proposes the foundations of a new framework to characterize soft law, termed the “spectrum approach.” This approach aims to assist courts in responding to the …

Kenyon Collegian - December 2, 2021

The Kenyon Collegian

No abstract provided.

Civic Homeland Security Culture: A Poll Study Approach And The Example Of Pennsylvania, Alexander Siedschlag

Publications

COVID-19 response experience around the world has demonstrated that it is indispensable to understand the public understanding of, and needs during, risk, hazards, and crisis in public policy, in particular related to the security of society as a whole. The ultimate goal of homeland security and broader civil (or sometimes referred to as societal) security alike, as well as of related security science research, is to accomplish resilient societies through a culture of preparedness. Civic security culture is a necessary ingredient to such a culture of preparedness. The security culture perspective also helps understand how a resilient society and nation …

Positive Charter Rights: When Can We Open The “Door?”, Michael Da Silva

Osgoode Hall Law Journal

Whether the Supreme Court of Canada can and should recognize so-called “positive” rights (viz., rights that require the performance of certain actions, possibly including the provision of goods, by the government) under the Canadian Charter of Rights and Freedoms remains contentious. Binding Supreme Court precedent states that there are no positive Charter rights—at least under sections 7, 12, and 15, under which demands for positive action are most controversially raised—but positive aspects of Charter rights could be recognized in the future. Yet the circumstances under which such recognition would be appropriate remain opaque. This work suggests that the law of …

Uhsp Faculty Handbook December 2021

Handbooks

No abstract provided.

Obstacles To The Implementation Of Criminal Justice Reform, Matt Allen

Dissertations

Mass incarceration or overincarceration has gained significant attention over the last two decades, and criminal justice reform seeks to address it. This study uses constructivist grounded theory to examine the implementation of criminal justice reform legislation in Mississippi. Mississippi was chosen as the study setting because the state has been recognized as a national leader in enacting reform legislation and it has one of the nation’s highest incarceration rates. It is well established that policy implementation affects outcomes. Therefore, if the policies Mississippi is implementing are effective and they are implemented correctly, it stands to reason the state could benefit …

Leadership Matters: December 2021, University Of Mississippi. Lott Leadership Institute

Student Newsletters

Includes "Open Doors for Others: in other words, Lead", by Morgan Atkins

Sexual Minority Rights Are Not Just For The West: Health And Safety Considerations In Africa, Robert Scott Stewart Ph.D., Dionne Van Reenen Ph.D., Richard Watuwa Ph.D.

Journal of Health Ethics

In a recent article, C.O. Akpan argues that it is “unnatural for a man to sleep with a man as with a woman, and the idea of marriage in this sense is an abomination” (“The morality of same-sex marriage: How not to globalize a cultural anomie,” Online Journal of Health Ethics, 13(1), 2017, p. 9). Arguments in favor of same sex marriage, he claims, are “driven and motivated by the human right fad” (p. 9) that is inappropriate for African countries.

We argue that the specific arguments Akpan employs against the morality of homosexuality and same-sex marriage are flawed. Our …

Oklahoma Public Comprehensive Universities: The President’S Role In Financial Management And Fundraising, Mark B. Shields

Journal of Research on the College President

Among the top challenges facing Oklahoma public comprehensive university presidents is the quest for adequate funding of their institutions, including adequate levels of support from state resources. Low levels of public support by the state have become a pattern, rather than an anomaly and statewide reductions in appropriations for higher education funding have had a disproportionate effect on Oklahoma’s public comprehensive universities because they have fewer diversified revenue sources. This pattern has forced presidents to become more adept at budgeting, financial management, fundraising, and finding the resources necessary for their institutions to not only be successful, but to simply survive. …

2021 December - East Tennessee State University Retirees Association Newsletter, Retirees Association, East Tennessee State University

ETSU Retirees Association Newsletters

No abstract provided.

Modern Policing, Reform Efforts, And Implementation Of Evidence-Based Practices For Eyewitness Identification Procedures, Joseph M. Zlatic, Jeanie Thies

Missouri Policy Journal

This article discusses various avenues to law enforcement reform that have been proposed, especially in regard to adoption of evidence-based practices. The authors advocate for specific reforms regarding eyewitness identification policies and protocols, and offer an overview of the supporting research. A brief history of the challenges to police reform is presented with an emphasis on how political factors stymie success. The authors assert that expanding use of model policies for eyewitness identification, either through legislation or appealing to agencies to voluntarily adopt such policies, is relatively apolitical and requires minimal to moderate cost and effort.

Well-Being In Metropolitan Nebraska: 2021 Nebraska Metro Poll Results, Rebecca J. Vogt, Heather Akin, Cheryl A. Burkhart-Kriesel, Bradley Lubben, L. J. Mcelravy, Timothy Meyer, Steven A. Schulz

Nebraska Rural Poll

Most metropolitan Nebraskans believe they are better off than they were five years ago, are better off compared to their parents when they were their age and will be better off ten years from now. However, certain groups are more likely to be optimistic about their current situation and their expected future. Persons with higher household incomes are more likely than persons with lower incomes to think they are better off compared to five years ago, are better off compared to their parents when they were their age and will be better off ten years from now. And, persons with …

Covid-19, Constitutional Law, And Catastrophe, Brendan Williams

The University of New Hampshire Law Review

No abstract provided.

December 2021 School Of Graduate Studies Newsletter, Steven Hampton, Dothang Truong, Don Metscher, Mark Friend, Scott Winter, Barbara Holder, Susie Sprowl, Bee Bee Leong, Katie Esguerra, Jan G. Neal

School of Graduate Studies Newsletters

• Associate Dean's Message
• Ph.D. In Aviation News
• Dissertation Defenses
• MSA News
• MSOSM News
• MSUS News
• Eagle News
• Scholarly Activity

"If Fear Wasn't Enough?!": African American Perceptions Of Policing After Breonna Taylor's Unprovoked Death., Moriah Antoinette Bellamy

Electronic Theses and Dissertations

This study investigates how African Americans perceive the racialization process in the criminal justice system following the death of Breonna Taylor. Focusing primarily on police-community relations in Louisville, KY, I find the Breonna Taylor case amplifies preconceived perceptions of race between civilian and non-civilian groups. To test the hypothesis that racialization in the criminal justice system has caused damaging effects on relations between African Americans and police, two virtual focus groups were designed to discuss participants’ experiences with law enforcement. My findings suggest that the racialization process in the criminal justice system negatively skewed African American civilians’ attitudes towards law …

Drone Location And Scheduling Problems In Humanitarian Logistics., Zabih Ghelichi

Electronic Theses and Dissertations

Unmanned Aerial Vehicles (UAVs), commonly referred to as drones, are a promising technology for the last-mile delivery of medical and aid items in humanitarian logistics. In emergency scenarios, like disasters, where transportation networks are destroyed and people are stranded, drones can accelerate the delivery of urgently needed items, e.g., food and water, insulin shots and blood pressure pills, to those trapped in the disaster-affected areas. Drones can also provide logistics services in many non-emergency situations by delivering medical items, e.g., vaccine shots and lab specimens, to remote communities and hard-to-access locations. The contribution of using UAVs goes beyond merely having …

Cultivando Sabiduría (Cultivating Wisdom): Latinx Immigrant Elders And Civic Engagement, Marisol Clark-Ibáñez, Arcela Nuñez Alvarez, Alicia Gonzales, Michelle F. Ramos Pellicia, Ann Ardon, Noemi Jara, Valentina Martinez-Rodriguez

Humboldt Journal of Social Relations

This article describes a program, Cultivando Sabiduría (Cultivating Wisdom), that was created to honor and further ignite civic engagement in low-income, Spanish-speaking Latinx elders. Cultivando Sabiduría utilized a popular education pedagogical approach and culturally validating curriculum. Methodological and theoretical innovations aided in recognizing program participants’ strengths. Discussion is provided on the social and health benefits of volunteering and civic engagement for Latinx elders. The 177 Latinx program participants were ages 55+ years old and primarily low income with low (formal) educational levels. Program impacts included identification of the strengths of the elders in terms of civic engagement and community leadership, …

Healthy Aging And Older Adults With Autism: A Scoping Review, Mary Kris Stringfellow

Social Work Theses - Archive

Spectrum Disorder (ASD) is a lifelong diagnosis. While numerous studies have examined the effects of this disorder throughout childhood, not many have considered older adulthood and the differences between the neurotypical population. Likewise there is an abundance of literature regarding healthy aging. Yet the literature is sparse regarding the intersections of older adulthood and ASD. The purpose of this scoping review was to examine the state of literature regarding older adults with ASD and healthy aging, utilizing the framework conceived by Arksey and O’Malley: identify the research question; identify the relevant studies, study selection; chart the data; and collate, summarize …

In Defense Of 5g: National Security And Patent Rights Under The Public Interest Factors, Kenny Mok

University of Chicago Law Review

Section 337 of the Tariff Act of 1930 authorizes the International Trade Commission (ITC) to stop—or “exclude”—patent-infringing imports. Exclusion orders protect the country against unfair trade practices and help enforce U.S. patent rights. But before issuing an order, the ITC is required by Section 337 to consider the order’s harm to the public health and welfare, its effect on competitive conditions, the availability of substitutes, and the harm to consumers. Because it rarely finds that these “public interest factors” outweigh the benefits of patent enforcement, the ITC has mostly granted exclusion orders despite growing concerns related to the public’s reliance …

Write Like You’Re Running Out Of Time: Prepublication Review, Retroactive Classification, And Intermediate Scrutiny, Henry Walter

University of Chicago Law Review

The Constitution’s promises of freedom of speech and common defense can, at times, be at odds. One acute example of that tension is the prepublication review process, by which the government reviews written works by certain current and former employees to ensure that they do not contain classified or other sensitive information. While this process surely has its merits in preserving national security, it also presents authors with a bureaucratic thicket that is often difficult to navigate. This process is further complicated by the fact that the government can retroactively classify documents, meaning that information that authors might have thought …

Decision Tool For Prioritizing Bridge Repair Or Replacement, Nyoka Amy Florius

Civil Engineering Dissertations - Archive

Bridges are typically damaged/deteriorated due to various factors that require close evaluation to make informed decisions about repair/replacement. There are several aspects of study to evaluate bridges for repair/replacement, such as age, structural adequacy, and frequent usage. Further, bridges which are in poor condition must be identified to mitigate their damage/deterioration and as a result, maintain a safe environment for users. Therefore, to assess the need for funding, state Departments of Transportation are required to evaluate bridges by considering several factors, while prioritizing safety. In Texas, the Highway Bridge Program is responsible for funding bridges which are listed for repair/replacement. …

Twelve-Month Specific Igg Response To Sars-Cov-2 Receptor-Binding Domain Among Covid-19 Convalescent Plasma Donors In Wuhan, Cesheng Li, Ding Yu, Xiao Wu, Hong Liang, Zhijun Zhou, Yong Xie, Taojing Li, Junzheng Wu, Fengping Lu, Lu Feng, Min Mao, Lianzhen Lin, Huanhuan Guo, Shenglan Yue, Feifei Wang, Yan Peng, Yong Hu, Zejun Wang, Jianhong Yu, Yong Zhang, Jia Lu, Haoran Ning, Huichuan Yang, Daoxing Fu, Yanlin He, Dongbo Zhou, Tao Du, Kai Duan, Demei Dong, Kun Deng, Xia Zou, Ya Zhang, Rong Zhou, Yang Gao

Division of Basic Science Faculty Publications

To investigate the duration of humoral immune response in convalescent coronavirus disease 2019 (COVID-19) patients, we conduct a 12-month longitudinal study through collecting a total of 1,782 plasma samples from 869 convalescent plasma donors in Wuhan, China and test specific antibody responses. The results show that positive rate of IgG antibody against receptor-binding domain of spike protein (RBD-IgG) to severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in the COVID-19 convalescent plasma donors exceeded 70% for 12 months post diagnosis. The level of RBD-IgG decreases with time, with the titer stabilizing at 64.3% of the initial level by the 9th month. …

Structured To Fail: Lessons From The Trump Administration’S Faulty Pandemic Planning And Response, Alejandro E. Camacho, Robert L. Glicksman

Michigan Journal of Environmental & Administrative Law

The Trump Administration’s response to the COVID-19 pandemic is a stark reminder that poorly designed government can be a matter of life and death. This article explains how the Administration’s careless and delayed response to the crisis was made immeasurably worse by its confused and confusing reallocation of authority to perform or supervise tasks essential to reducing the virus’s ravages.

After exploring the rationale for and impact of prior federal reorganizations responding to public health crises, the article shows how a combination of unnecessary and unhelpful overlapping authority and a thoughtless mix of centralized and decentralized authority contributed to the …

Best Practices For Performance Measurement In Transportation Operations And Maintenance, Bryan Gibson, Rachel Catchings, Chris Van Dyke, Steve Waddle, Doug Kreis

Kentucky Transportation Center Research Report

Public agencies benefit from measuring their performance as it helps to focus employee and organizational activities. State departments of transportation have become more performance-oriented over the past two decades and routinely collect data on highway safety, infrastructure condition, system operations, project delivery, winter maintenance, transit, bicycle and pedestrian facilities, and customer service. While the Kentucky Transportation Cabinet (KYTC) use performance measures in a variety of areas, the agency wants to adopt new metrics related to mobility and the responsiveness of maintenance operations. This report documents performance measurement strategies used at state transportation agencies throughout the country and proposes new performance …

Labor And Employment—Not Waiting For Superman: Collective Bargaining As An Affirmation Of Teachers' Value, Christopher Yeatman

University of Arkansas at Little Rock Law Review

No abstract provided.

An Investigation Of Open Government Data Utilization And Impact : Influential Factors And Stakeholders, Xiaoyi Yerden

Legacy Theses & Dissertations (2009 - 2024)

Since 2009, increasing numbers of countries have started their open data development. Through these efforts, they aim to improve government transparency, advocate innovation in public services and business, boost economic development and improve quality of life. In order to achieve these values of Open Government Data (OGD), just making the data open is not enough; OGD has to be actually used by people. Among previous research, there is a limited discussion on the actual utilization of OGD and the generation of OGD impact. Focused on OGD utilization and impact generation, this dissertation is designed 1) to identify research status, gaps …

Human Rights Due Diligence, Joanna Kulesza

William & Mary Bill of Rights Journal

Due diligence is a well-recognized, deliberately flexible standard in international law. It has been introduced to complement the system of state responsibility and the international liability framework of commitments. The latter has provided more detail to the understanding of due diligence. Together, these two systems allow for a comprehensive reading and implementation of due diligence in international law.

Two international legal regimes dictate due diligence requirements: the law on international liability and that of the law of state responsibility. These two regimes have been the focus of the United Nations' (UN) International Law Commission (ILC) since 1947, resulting in two …

"A Novel And Controversial Technology." Artificial Face Recognition, Privacy Protection, And Algorithm Bias In Europe, Andrea Pin

William & Mary Bill of Rights Journal

R (Bridges) v. Chief Constable of South Wales Police's Court of Appeals ruling... showcases the variety and the thickness of the legal, ethical, and political considerations that lie underneath the deployment of [Artificial Face Recognition]-based police tools and its ramification within Europe and beyond. More broadly, the topic of "[f]acial recognition technologies provide[s] a useful case study of the complex and unpredictable ways that norms of procedural fairness, equality, and privacy interact when the state deploys machine-learning tools to draw inferences from otherwise unilluminating data." This Article uses Bridges as a proxy to sketch out the main legal issues …

Can Procedure Take?: The Judicial Takings Doctrine And Court Procedure, Rebecca Hansen

University of Chicago Law Review

In considering the value of the judicial takings doctrine, this Comment argues that we should look to a new area of law: procedure. Courts often have the authority to set procedure, and they use this authority for substantive ends. This Comment argues that applying the Takings Clause to procedure demonstrates the value of the judicial takings doctrine. It argues that the Takings Clause, rather than the Due Process Clause, is the appropriate framework for certain forms of procedure. Under the Takings Clause, we can recognize the judiciary’s authority to use procedure for substantive ends while also offering “just compensation” to …