Digital Commons Network^™

'Who' Or 'What' Is The Rule Of Law?, Steven L. Winter

Law Faculty Research Publications

The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions …

An Empirical Analysis Of The Racial/Ethnic And Sex Differences In Nypd Stop-And-Frisk Practices, Henry F. Fradella, Weston J. Morrow, Michael D. White

Nevada Law Journal

No abstract provided.

Governing By Executive Order During The Covid-19 Pandemic: Preliminary Observations Concerning The Proper Balance Between Executive Orders And More Formal Rule Making, Kelly J. Deere

Missouri Law Review

As the United States entered 2021, almost all fifty states were still operating under a state of emergency due to COVID-19 more than nine months later. Governors using emergency powers provided to them under their respective emergency disaster statutes and state constitutions continued to govern their state by executive order. These executive orders have had significant impacts on citizens’ everyday lives including stay-at-home orders, limits on non-essential gatherings, non-essential business closures and moratoriums on evictions. And these emergency orders have been opposed at almost every turn from citizens gathering in public protest shouting “Liberate Michigan,” to constitutional legal challenges to …

Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing, Josh Gupta-Kagan

Faculty Publications

For more than 120 years, juvenile justice law has not substantively defined the core questions in most delinquency cases—when should the state prosecute children rather than divert them from the court system (the intake decision), and what should the state do with children once they are convicted (the sentencing decision)? Instead, the law has granted certain legal actors wide discretion over these decisions, namely prosecutors at intake and judges at sentencing. This Article identifies and analyzes an essential reform trend changing that reality: legislation, enacted in at least eight states in the 2010s, to limit when children can be prosecuted …

City Of San Luis Obispo Creek Walk Phase Iii, Ryan Thomas Anderson, Peyton Marie Ratto

City and Regional Planning

The following project includes a detailed narrative of project components and conceptual designs for the proposed City of San Luis Obispo (SLO) Creek Walk Phase III. The “project area” includes San Luis Obispo Creek and adjacent land uses/parcels from the Nipomo Street Bridge to the Marsh Street Bridge. This project is relevant because the City has interest in developing Phase III as an extension from the current walkway that begins at Mission San Luis Obispo de Tolosa. In order to ensure consistency with City goals and policies, various City documents were reviewed, including the Downtown Concept Plan. Our progress was …

Community Attitudes Toward Police In Benton Harbor And St. Joseph, Michigan, Brian Molina

Dissertations

The present study sought to help investigate which public safety interventions may be appropriate for improving the safety and quality of life of Benton Harbor community members. To begin answering this question, researchers collected baseline measures of community attitudes toward police (ATP). St. Joseph residents were sampled to allow for a direct comparison of two sister cities within the same county, with nearly opposite racial and economic characteristics.

To obtain these data, surveys were administered to both Benton Harbor and St. Joseph community members. There were nine demographic/predictor variables included in the community perception survey. The variables were (a) location, …

Nursing And Midwifery Links [June 2021 Issue], Secretariat At Johns Hopkins University School Of Nursing Global Network Of Who Collaborating Centers For Nursing And Midwifery

Nursing and Midwifery Links (LINKS)

In this June edition, all regions of the Collaborating Centers are represented with insight into the global health experience as Nurses, Midwives, Students, and Educators over the past six months. Progressive programs for better supporting the dedicated Nurse are explored. Our international colleagues are celebrated and honored; as well as mourned. In honor of those who lost their lives during the Covid Pandemic, and those who continue to forge on in the face of loss, we offer a heartfelt representation of solidarity in the form of voices from Collaborating Centers across the globe, from our community to yours.

Selective Justice: A Crisis Of Missing And Murdered Alaska Native Women, Megan Mallonee

Alaska Law Review

Across the country, Indigenous women are murdered more than any other population and go missing at disproportionate rates. This crisis of missing and murdered Indigenous women is amplified in Alaska, where the vast landscape, a confusing jurisdictional scheme, and a history of systemic racism all create significant barriers to justice for Alaska Native women. This Note examines the roots of the crisis and calls for a holistic response that acknowledges the role of colonialism, Indigenous genocide, and governmental failures. While this Note focuses on the epidemic of violence against Alaska Native women in particular, it seeks to provide solutions that …

Vol 66 #3, Melanie Argo

MPLA Newsletter

No abstract provided.

2021-June-01-Honoring Dr Wilsie S Bishop, University Marketing And Communication, East Tennessee State University

ETSU News

JOHNSON CITY – East Tennessee State University’s Interprofessional Education and Research Center, also known as Building 60, on the Veterans Affairs Medical Center Campus will now be called “Bishop Hall” in honor of longtime administrator Dr. Wilsie S. Bishop, senior vice president for academic and interim provost. Bishop is retiring on June 30, 2021, after 43 years of service at ETSU.

The ETSU Board of Trustees approved the naming of Bishop Hall at its special called meeting on June 15, 2021. On June 18, the ETSU community gathered to celebrate Bishop’s contributions to the university with a reception that was …

Covid-19 Newsletter (Vol. 74), Center For Disaster Medicine, New York Medical College

COVID-19 Newsletter

No abstract provided.

Current Stormwater Practices And Future Implementation At Portland State University With The Uncertainty Of Climate Change, Evan Suemori, Alexandra Vargas Quiñones

Environmental Science and Management Professional Master's Project Reports

Stormwater runoff is one of the most critical environmental issues in urban areas and is only expected to worsen as climate change persists (EPA, 2016). When precipitation events occur, stormwater travels across impervious surfaces collecting soils and pollutants which can negatively impact water quality in receiving waters. Additionally, stormwater has human health impacts, specifically through flooding and the contamination of drinking water. According to the Intergovernmental Panel on Climate Change (IPCC), it has been determined that climate change will increase the frequency, intensity, and/or number of precipitation events in some regions, including the Pacific Northwest, and decrease in others (IPCC, …

Williamson County Building Safety Plan, Jack Combs

City and Regional Planning

My senior year at Cal Poly offered me a vast array of opportunities for enriching my knowledge of the field of city and regional planning. The most impactful of my experiences was the time I spent working for the facilities department of Williamson County, Texas. This department is responsible for constructing and maintaining all of the buildings owned and occupied by Williamson County; this includes more than 60 buildings and more than 2,000,000 square feet. Additionally, as the fastest growing county north of Austin with roughly 600,000 residents, this department had many pertinent development projects to attend to.

As an …

Microelectrodes For Biofilm And Corrosion Research In Drinking Water Distribution Systems, Woo Hyung Lee

KAUPA Letters

Corrosion including biocorrosion is an important, but poorly supported topic in water systems for which there is a definite need for advancements, and microelectrode techniques can offer the potential for advancing the field because they enable focus at the interfaces where reactions are occurring. Further development of this area of research has great merit for sustainable water infrastructure management. The use of microelectrodes has been improved our understanding of disinfectant biofilm penetration and associated biofilm viability and in situ reactivity at metallic pipes, leading to better biofilm control strategy and corrosion control practice for clean and safe drinking water.

Virtual Reference Amid Covid-19 Campus Closure: A Case Study And Assessment, Maureen Garvey

Publications and Research

Purpose – This case study was conducted to assess and make changes to the consortial virtual reference service for the remainder of the period of fully virtual reference (campus closure); a second objective was to consider implications for service design and delivery upon the eventual return to the physical campus.

Design/methodology/approach – This paper begins by introducing the institution, reference practices prior to the pandemic and the changes to reference service necessitated by the campus closure. After a literature review of material related to reference and the pandemic, several years of virtual reference service data are analyzed.

Findings – The …

Anomalous Anatomies: How The Tsa Should Screen For Transgender People, Karissa J. Kang, John M. Kang

Nevada Law Journal

A transgender person faces obstacles trying to negotiate a gender-binary world. Going through a TSA checkpoint is no different. A substantial number of transgender persons have reported that they were detained and examined because they were transgender.1 Why this situation persists and what policy reforms should be implemented to alleviate it are the subjects of this Essay. This Essay is devoted mainly to the theme of transgender rights, rather than race, a central theme of the symposium in which this Essay appears. Given the relatively small pool of transgender individuals for whom data is available, this Essay is unable to …

Web Of Incarceration: School-Based Probation, Jyoti Nanda

Nevada Law Journal

Close to three quarters of a million cases flow through the United States’ juvenile justice system annually. Juvenile probation is the most commonly utilized form of sentencing, yet juvenile probation has not been the focus of sustained research or analysis. This Article focuses on School-Based Probation, a type of juvenile probation program that was created to enroll youth before a criminal charge has been filed. Described by its proponents as a ‘voluntarily probation’ program, pre-delinquent, or ‘at-risk,’ youth are identified by on-site school probation officers and enrolled in a supervised program. Deemed to be problematic by many jurisdictions, this Article …

American Punishment And Pandemic, Danielle C. Jefferis

Nevada Law Journal

Many of the sites of the worst outbreaks of the disease caused by the novel coronavirus (COVID-19) are America’s prisons and jails. As of March 2021, the virus has infected hundreds of thousands of incarcerated people and well over two thousand have died as a result contracting the disease caused by the virus. Prisons and jails have been on perpetual lockdowns since the onset of the pandemic, with family visits suspended and some facilities resorting to solitary confinement to mitigate the virus’s spread, thereby exacerbating the punitiveness and harmfulness of incarceration. With the majority of the 2.3 million people incarcerated …

International Law After Dark: How Legalized Sex Work Can Comport With International And Human Rights Law, Joshua A. Fox

Chicago Journal of International Law

Prostitution is often criminalized, but it should not be. While it is undisputed that criminalization assists in shrinking the sexual service industry and decreasing the prevalence of sex trafficking, countervailing evidence suggests that legal and regulated sex work is far safer for all involved. Indeed, the international law on the subject, which calls for an end to exploitation, violence, and trafficking, does not outlaw sex work in all of its forms. This Comment argues that legal sex work, when regulated adequately, comports with international law and promotes the human rights of sex workers that are curbed when the practice is …

Meaningless Or Mandatory?: Automatic Probation's Revival And The Rule Of Lenity's Fall In Chinuhuk V. State, Kate Goldberg, Macklin Willigan

Alaska Law Review

Alaska’s common-law probation system requires that the period of supervision imposed is accompanied by a suspended term of imprisonment. Violation of probation conditions may trigger this suspended term, sending the probationer to prison. Should the probationer complete the entire suspended sentence, he or she is then usually eligible for discharge from probation. In Chinuhuk v. State, the Alaska Supreme Court held that the state legislature had abrogated this traditional scheme with respect to felony sex offenders, replacing it with one that allowed probation to continue although the offenders had completed their suspended terms of imprisonment. This Comment argues that in …

Exhausting Comity-Based Abstention In The Fsia’S Expropriation Exception, Avi Rosskamm

Cardozo Law Review

No abstract provided.

Paperwork, Romik Bose Mitra

Masters Theses

This thesis is about the politics of identity and belonging. It is about the impact that practices of identification, government surveillance, and global systems of citizenship and nationality have on the people that live by them. Inspired by the various borders (both real and imagined) that I maneuvered around to get to Rhode Island, and enriched with perspectives gathered in conversation with theoreticians in the field, Paperwork is a set of documents and debriefs that details the work that I made in response to a migratory and investigatory journey. Through this thesis, I attempt to better understand various bureaucratic practices …

Balance The Conversations, Karen Kuo

Masters Theses

This thesis aims to examine the role environmental factors play in people’s experience of the built environment, with a focus on the ongoing debate between individual freedom and collective responsibility of masks in the COVID-19 era. This thesis will argue that a middle ground that balances the relationship between individual and collective pursuits is necessary and can potentially be enabled through design. The project will articulate these ideas by using the debate around mask-wearing as a starting point to develop a broader manifesto forshaping the built environment.

During this ongoing global pandemic, we can’t deny that human behavior has been …

13.2 Full Issue

The Foundation Review

No abstract provided.

Shifting Power In Maine: Findings From A Six-Year Community-Based Health Initiative, Susan Foster, Teresa Doksum, Charles Dwyer

The Foundation Review

Between 2013 and 2019, a Maine Health Access Foundation community-based initiative provided place-based funding to communities to address system gaps and inefficiencies that impede the ability of Maine’s most vulnerable individuals to obtain essential services and supports. To rebalance power between the funder and grantees, the foundation introduced grantmaking practices such as long-term, flexible funding and new ways of relating to and supporting grantees. The theory of change guiding the initiative was that systems change is more effective and sustainable when communities develop cross-sector partnerships and engage community members in planning. The foundation guided the evaluation team to conduct a …

Analysis Of Truck Weight Limit Regulations, P. Gayle Marks, Jon Wilcoxson, Bryan Gibson, Chris Van Dyke, Jennifer Walton, Doug Kreis

Kentucky Transportation Center Research Report

In the United States vehicle weight limits are set by laws and regulations enacted at the state and federal levels. On interstates the maximum allowable gross vehicle weight is 80,000 lbs. States use different rules for permitting overdimensional and overweight (OD/OW) vehicles, and most have carve outs that exempt specific commodities from standard weight limits. This results in a complex legal and regulatory landscape that enforcement personnel can find difficult to negotiate. This report discusses strategies that can be adopted in the state of Kentucky to improve enforcement and mitigate infrastructure damage caused by OD/OW loads. After presenting a thorough …

Proposal For Purchase Of In-House Drone For Cal Poly’S Construction Management Department, Angel Sanchez

Construction Management

Over the years, the construction industry has been steadily seeing an influx of new technology and innovation that has potential to improve the industry in many ways. One form of technology that has been introduced into the construction industry is Unmanned Aerial Systems (UAS). UAS technology includes drones, photogrammetry capabilities, and the software that links field data to analytic tools. In the past decade, drones in construction have seen a considerable amount of growth and the uses for drones in construction, therefore new job opportunities in construction have been created that require knowledge of UAS technology. As the construction industry …

Towards Enabling Unmanned Aerial Vehicles As A Service For Heterogeneous Applications, Farid Nait-Abdesselam, Ahmad Alsharoa, Mohamed Y. Selim, Daji Qiao, Ahmed E. Kamal

Electrical and Computer Engineering Faculty Research & Creative Works

The increasing use of unmanned aerial vehicles (UAVs) in various commercial applications, such as precision agriculture and aerial remote sensing, is fast contributing to a significant growth in the UAV market. Also, it is crucial to provide continuous coverage after failures of wireless network components or additional bandwidth in high traffic situations. By introducing the concept of UAVs as a service (UaaS), we propose a novel framework, dubbed D3S, consisting of four phases: Demand, decision, deployment, and service. The main objective of this framework is to provide a realistic and streamlined approach to support the implementation of the UaaS paradigm. …

Trade Administration, Kathleen Claussen

Articles

At the core of public debates about trade policy making in the United States and the so-called "trade war" is a controversy over who should be responsible for making U.S. trade law: Congress or the President. What these important conversations miss is that underlying much of our trade policy in recent decades is a widespread executive-branch lawmaking apparatus with monitoring, rulemaking, adjudicative, and enforcement features that operates in considerable shadow. Executive branch agencies are now the primary actors in trade lawmaking. This Article excavates that critical underbelly: what I call our "trade administrative state." It maps the trade administrative state's …

A Game-Theoretic Framework To Regulate Freeriding In Inter-Provider Spectrum Sharing, Mostafizur Rahman, Murat Yuksel, Thomas Quint

Electrical and Computer Engineering Faculty Publications

Primary-secondary spectrum sharing is limited in terms of design space, and may not be sufficient to meet the ever-increasing demand of connectivity and high signal quality. The next step to increase spectrum sharing efficiency is to design markets where sharing takes place among primary providers rather than leaving it to the limited case where the primary licensee is idle. Attaining contractual spectrum sharing among primary providers, a.k.a. co-primary or inter-provider sharing, involves additional costs for the users, e.g., roaming fee. Co-primary spectrum sharing without additional charge to the users poses two major challenges: a) regulatory approaches must be introduced to …