Digital Commons Network^™

Mpc—The Root Of The Problem: Just Deserts And Risk Assessment, Michael Marcus

Florida Law Review

No abstract provided.

Introduction To The Symposium On The Model Penal Code's Sentencing Proposals, Christopher Slobogin

Florida Law Review

No abstract provided.

Demographic Impact Statements, O'Connor's Warning, And The Mysteries Of Prison Release: Topics From A Sentencing Reform Agenda, Kevin R. Reitz

Florida Law Review

No abstract provided.

The Enduring (And Again Timely) Wisdom Of The Original Mpc Sentencing Provisions, Douglas A. Berman

Florida Law Review

No abstract provided.

Out Of Jail And Out Of Luck: The Effect Of Negligent Hiring Liability And The Criminal Record Revolution On An Ex-Offender's Employment Prospects, Ryan D. Watstein

Florida Law Review

No abstract provided.

Take Your Gun To Work And Leave It In The Parking Lot: Why The Ohs Act Does Not Preempt State Guns-At-Work-Laws, Dayna B. Royal

Florida Law Review

No abstract provided.

Guilt By Machine: The Problem Of Source Code Discovery In Florida Dui Prosecutions, Charles Short

Florida Law Review

This Note explores the issue of source code discovery by DUI defendants. Part II of this Note examines the case law and statutes used to shield breath testing machines from scrutiny. It examines both the approach taken by Florida and the approaches adopted in other states. Part II also discusses the application of trade secrets protection to the source code of breath testing machines. Part III further examines the problem of source code discovery through the lens of the Confrontation Clause of the Sixth Amendment to the United States Constitution. Finally, Part IV concludes by posing a solution to the …

State V. Beck Respondent's Brief Dckt. 48780

Not Reported

No abstract provided.

Costs And Consequences Of Traffic Fines And Fees: A Case Study Of Open Warrants In Las Vegas, Nevada, Foster Kamanga, Virginia Smercina, Barbara G. Brents, Daniel Okamura, Vincent Fuentes

Sociology Faculty Research

Traffic stops and tickets often have far-reaching consequences for poor and marginalized communities, yet resulting fines and fees increasingly fund local court systems. This paper critically explores who bears the brunt of traffic fines and fees in Nevada, historically one of the fastest growing and increasingly diverse states in the nation, and one of thirteen US states to prosecute minor traffic violations as criminal misdemeanors rather than civil infractions. Drawing on legislative histories, we find that state legislators in Nevada increased fines and fees to raise revenues. Using descriptive statistics to analyze the 2012–2020 open arrest warrants extracted from the …

Vol.49 N.18 November 18th 2021, Voice Media Ventures

Black Voice News

No abstract provided.

Plus 50 Students And Their Experiences With Technology In Undergraduate Classes, Jamillah L. Boyd, Nykea T. Watts-Edwards

Dissertations

As adult learners over 50 continue to pursue higher education, postsecondary institutions should have resources and services available to support this demographic. Previous research often combines Plus 50 students with all nontraditional students 24 years and older, making it difficult to understand the unique needs and learning experiences of older adult students in the academic environment. The use of technology for curriculum has increased significantly over the years and may present challenges for Plus 50 learners as they are introduced to it and learn to navigate it. The purpose of this study was to explore the experiences of Plus 50 …

Chanticleer | November 18, 2021, Jacksonville State University

Chanticleer

No abstract provided.

Hawks' Herald -- Nov. 18, 2021, Roger Williams University

Hawk's Herald

No abstract provided.

Start Trying To Make Roesch Happen, University Of Dayton. University Libraries

University Libraries Blog Archive

Inspired by the movie Mean Girls (because we're a cool library), we'll have a lineup of services and resources to make finals week grool for University of Dayton students.

Error-Resilient Consumer Contracts, Danielle D'Onfro

Duke Law Journal

When firms contracting with consumers make mistakes, people get hurt. Inaccurate billing, misapplied payments, and similar problems push lucky consumers into Kafkaesque customer service queues—and unlucky ones off the financial cliff. Despite significant regulatory interventions, firms contracting with consumers continue to struggle to accurately bill customers, update accounts, and process payments. Firms largely rely on technology, especially databases and software, to discharge these servicing obligations. This technology must accommodate firms’ innovations in their contracts, shifting governmental regulations, and consumers’ unpredictable behavior. Given the complexity of servicing, even when firms invest significantly in technology, it will inevitably produce mistakes. When firms …

The Lumberjack, November 17, 2021

Cal Poly Humboldt's Student Newspaper

The student newspaper of Humboldt State University.

The Bg News November 17, 2021, Bowling Green State University

BG News (Student Newspaper)

The BGSU campus student newspaper. November 17, 2021. Volume 101- Issue 13.

The Hypocrisy Of Facebook: Facebook’S Failure To Comply With Their Own Proposal, Caitlin Muraca

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Section 230 of the Communications Decency Act (“CDA”) immunizes social media platforms, like Facebook, from liability of third party content. In other words, Facebook can’t be held liable for defamatory or offensive content posted by its users. In many ways, this is dangerous to the public, as Facebook has been accused of directly contributing to the January 6, 2021 Capitol riot by relaxing its security safeguards too soon after the 2020 presidential election. Evidence indicates that “numerous Facebook groups and accounts, public and private, were used to help organize the protest.”

This post was originally published on the Cardozo Arts …

Spectrum, Volume 47, Issue 9, Sacred Heart University

Newspapers (Obelisk & Spectrum)

Highlights include: SHU Student Attends Astroworld -- The Trial of Ahmaud Arbery -- Post-Pandemic Job Hunting -- Student Get Ready to Study Abroad -- Fraternity and Sorority Life Events Update -- SHU Announces Partnership With Food Rescue - US -- Professor Named CT Nurses Association Vice President -- TAP Presents “As You Like It” -- Princess Diana’s On-Screen Portrayals -- Women’s DI Wrestling Makes Historic Start

Spartan Daily, November 16, 2021, San Jose State University, School Of Journalism And Mass Communications

Spartan Daily, 2021

Volume 157, Issue 37

Hector M. V. Warden Elizabeth Detention Ce

2021 Decisions

USDC for the District of New Jersey

Beyond The Public Square: Imagining Digital Democracy, Mary Anne Franks

Articles

To create online spaces that do not merely replicate existing hierarchies and reinforce unequal distributions of social, economic, cultural, and political power, we must move beyond the simplistic clich6 of the unregulated public square and commit to the hard work of designing for democracy.

When we say 'public square,' ... we need to ask- who or what is this public? Who owns this space, what makes it public? . . . This is the essence of democracy: the ability to question power, and the power to do so. - Tom Wilkinson

Covid-19 Newsletter (Vol. 95), Center For Disaster Medicine, New York Medical College

COVID-19 Newsletter

No abstract provided.

Race And Reasonable Suspicion, Ric Simmons

Florida Law Review

The current political moment requires society to rethink the ways that race impacts policing. Many of the solutions will be political in nature, but legal reform is necessary as well. Law enforcement officers have a long history of considering a suspect’s race when conducting criminal investigations. The civil rights movement and the progressive criminal justice decisions of the Warren Court mitigated the explicit use of race as a factor, but there is ample evidence that many modern police officers still openly or implicitly use race to guide their investigative decisions.

This Article examines and critiques how courts have historically analyzed …

Beyond Bail, Jenny E. Carroll

Florida Law Review

From the proliferation of community bail funds to the implementation of new risk assessment tools to the limitation and even eradication of monetary bail, reform movements have altered the landscape of pretrial detention. Yet, reform movements have paid little attention to the emerging reality of a post-monetary-bail world. With monetary bail an unavailable or disfavored option, courts have come to rely increasingly on nonmonetary conditions of release. These nonmonetary conditions can be problematic for many of the same reasons that monetary bail is problematic and can inject additional bias into the pretrial system.

In theory, nonmonetary conditions offer increased opportunities …

Policing As Public Good: Reflecting On The Term "To Protect And Serve" As Dialogues Of Abolition, Tracey Meares, Gwen Prowse

Florida Law Review

This Essay is based on a lecture that was to be delivered in person in March 2020 but was cancelled as a result of the initial ravages of the COVID-19 pandemic. That a discussion of policing in the United States was cancelled because of what may well turn out to be the most significant public health crisis of this decade, if not this century, is important as these two subjects are intimately related.

In the pages below, this Essay highlights how ordinary people discuss a reconceptualization of policing in ways that respond to the current moment. The data comprise a …

The Private Delegation Doctrine, Paul J. Larkin Jr.

Florida Law Review

Since its earliest days, Congress has delegated lawmaking authority to Executive Branch officials. Over time, a body of Supreme Court caselaw, known as the Delegation Doctrine, has grown up (ostensibly) to regulate Congress’s ability to offload legislative authority to administrative agencies. Occasionally, however, Congress, like state legislatures and municipal councils, bypasses executive officials and directly delegates lawmaking power to private parties. The Supreme Court has addressed those delegations in only a few cases and struck down three of them, the last one in 1936 in Carter v. Carter Coal Co. In those cases, the Court did not rely on …

Recruitment Machines, Community Power And Political Return On Investment (Proi): Economic Development Policy In The Age Of Amazon, Eric G. Griego Montoya

Political Science ETDs

ABSTRACT

A fundamental policy choice in economic development among local policy makers is the appropriate mix of “outside” strategies that use incentives to attract companies, and “inside” strategies that invest in smaller and local businesses. Using a mixed-methods research design, including national and state surveys along with qualitative analysis of interviews conducted with policy elites, I examine the role of ideology, elites, community, competition, social capital (trust and influence), and electoral politics in these policy decisions. I use new descriptive theoretical frameworks called “recruitment machines” and “Political Return on Investment (PROI)” to describe how and why local elected officials support …

A Quantitative Exploration Of Strategies To Reduce Fatigue Among Nurses, Karen R. Cochran

Dissertations

The work environment of nurses places them at high risk of fatigue. The literature suggests a high prevalence of fatigue exists among nurses. Fatigue leads to reduced cognitive and physical abilities increasing the risk for personal injury and patient care errors. Nurse fatigue should be mitigated in an effort to improve safety and quality in healthcare organizations. The purpose of this study was to describe nurses' self- perceptions of fatigue and to examine nurses' willingness to engage in specific fatigue countermeasures within the workplace. Data were collected through an anonymous Qualtrics survey. A sample of 279 nurses completed the survey. …

Redeeming The Lost Generation: The Scope Of The First Step Act And Compassionate Release In Revisiting Pre-Booker Sentencing, Kevin Milton

Seton Hall Law Review

No abstract provided.