Digital Commons Network^™

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 …

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 …

Automated Algorithmic Machine-To-Machine Negotiation For Lane Changes Performed By Driverless Vehicles At The Edge Of The Internet Of Things, Ellie Lovellette

Dissertations

This dissertation creates and examines algorithmic models for automated machine-to-machine negotiation in localized multi-agent systems at the edge of the Internet of Things. It provides an implementation of two such models for unsupervised resource allocation for the application domain of autonomous vehicle traffic as it pertains to lane changing and speed setting selection. The first part concerns negotiation via abstract argumentation. A general model for the arbitration of conflict based on abstract argumentation is outlined and then applied to a scenario where autonomous vehicles on a multi-lane highway use expert systems in consultation with private objectives to form arguments and …

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

Faculty Scholarship

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 …

Better Balance: Why The Second Judicial District In New Mexico Should Prioritize Use Of Preliminary Hearings, Kathryn Sears

New Mexico Law Review

The New Mexico Constitution guarantees that felony charges shall not be brought against a person prior to either a grand jury indictment or a preliminary hearing finding of probable cause. But in March 2020, due to the COVID-19 pandemic, New Mexico courts were forced to halt the use of grand jury proceedings. As a result, all felony charges brought for the remainder of the year 2020 were vetted through preliminary hearings. Moreover, New Mexico is a unique jurisdiction because it applies the Rules of Evidence in full strength at preliminary hearings. This Comment makes a case for the continued expansion …

The Genetic Panopticon: Genetic Genealogy Searches And The Fourth Amendment, Genevieve Carter

Northwestern Journal of Technology and Intellectual Property

As consumer DNA testing gains widespread popularity, so has law enforcement’s interest in leveraging genetic databases for criminal investigations. Consumer DNA testing products like 23andMe and Ancestry allow private individuals access to their genetic data on private databases. However, once coded, genetic data is free to be downloaded by users and uploaded to public databases. Police identify suspects by uploading cold case DNA to public genetic databases and find familial matches. If they identify a familial match, they narrow the field of suspects using traditional methods of investigation, which often includes extracting suspect DNA from a piece of their abandoned …

Assessing The Health Effects Of Police Violence On Black Communities In America: A Literature Review, Darian Hannig

Intuition: The BYU Undergraduate Journal of Psychology

Police-related mortality rates are disproportionately higher among Black populations than among any other racial group in the United States. While official data on non-fatal encounters with police is lacking, current evidence suggests these encounters are more common among Black individuals and often result in signs of immediate psychological and physical damage, as well as triggering long-lasting physiological stress responses and psychological trauma among these individuals and their communities. The aim of this literature review is to assess if police interactions are associated with poor mental and physical health outcomes among Black Americans. Using scholarly electronic databases, 13 articles were analyzed …

Being Triggered As Faculty Of Color: Reflections On Teaching Diversity During The Trump Era, Lakia M. Scott

Journal of Multicultural Affairs

Much has been written about the Black academic’s experiences of teaching in predominately White spaces. However, less has been shared about being triggered, especially when teaching during the time of the Trump administration. This essay discusses an email encounter with a White female student who was enrolled in a graduate diversity issues course. As articulated in her email response, after declining an informal conferencing opportunity with the instructor, the student critiqued the tenets of the course because of her own conceptions of Whiteness. Many of the comments made were similar to the onslaught of hate-speech and racial bias and intimidation …

Spring 2021

Insights

Dean's Letter: Higher Education: The New Landscape; New Endowed Chair in the Grace School; Fulbright Scholarships; Brault Modern Languages Study Abroad Fund; Students in the News; Faculty in the News; Faculty Publications; Donor Gifts Fuel Student Dreams: Three Hay Challenge donors contribute to humanities education; Taking Civics Education to New Heights; Diversity Lessons: LAS is offering a unique course for foundation and nonprofit staff taught through the prism of critical ethnic studies; Documenting This Moment; All the Earth: LAS alumnus Drew Edwards works to foster literacy in Africa; Music and Memory: English Professor Francesca Royster writes about the African diaspora, …

Is It Really Safe To Provide Banking Services To Marijuana-Related Businesses? The Marijuana Banking Dilemma, Caitlin Steiner

Et Cetera

As more and more states begin to legalize marijuana, marijuana-related businesses such as dispensaries are cropping up all over the United States. Like most other legitimate businesses, marijuana-related businesses need a safe place to keep their money. However, unlike most other legitimate businesses, marijuana-related businesses often cannot find banks that are willing to do business with them. This is because banks are heavily governed and regulated by federal law, and marijuana is still illegal on a federal level—even where states have legalized its use. Although federal guidance on the subject has been issued, many legal “gray areas” continue to exist, …

"I Can't Breathe": Toward A Pneumatology Of Singing And Missional Musicking For Racial Justice In Jacksonville, Florida, Thomas Shapard

Doctor of Pastoral Music Projects and Theses

This thesis develops a philosophy of musicking that intersects with missional ecclesiology and expands the role of music-making beyond the church walls. The central hypothesis assumes that predominantly white congregations in the Free Church tradition located in the southern United States incorporate ways of singing that reinforce, albeit inadvertently, attitudes toward others that buttress white ethnocentricity. Musical practices arising from a Western European heritage can promote cultural exclusivity as well as a perceived—yet false— sense of superiority. Is there an implicit theology of singing in white churches that engenders a culture of complicity and apathy in matters of racial injustice, …

The Weekly Challenger, May 27, 2021, The Weekly Challenger, Et Al

Weekly Challenger Newspaper Collection

The May 27, 2021, issue of The Weekly Challenger.

Racially Biased Policing Practices In The United States Creates A High Risk Of Deportation For Immigrants, Kiley Barnard

Immigration and Human Rights Law Review

No abstract provided.

Canada: Innovation And Inclusion In The Network Age, Michael Binder

Online Journal of Space Communication

Michael Binder, Assistant Deputy Minister Spectrum Information Technologies and Telecommunications Industry Canada

Paper based on a presentation given to the Canadian Satellite Users Association October 31, 2002

Identifying The Cost Of Preventable Chronic Disease In Prison: Can Illness Prevention Of Adults In Custody Save Money?, Molly Bineham

Dissertations and Theses

This study investigates the cost of preventable health problems and ailments when compared to other costs of incarceration. The purpose of this study is to examine the impact of imprisonment on the costliest chronic illness. The health of adults in custody related to the general population and the overall fiscal cost of the deadliest chronic illness among incarcerated adults is discussed. Linear regression is used to analyze the occurrence of heart disease and diabetes among adults in custody while controlling for other factors. The results of this analysis provide insight that chronic diseases like heart disease and diabetes should be …

Public Access To Primary Legal Information In Ghana: Opportunities And Challenges, Comfort Asare, Janet Odetsi-Twum Mrs

Library Philosophy and Practice (e-journal)

Information to a large extent can have economic, political and social impact on the lives of people globally. Information enables one to adjust in the global system through the effective utilization of local resources. It has become common that the fundamental human right to access to information is mostly interpreted in the legal frameworks of countries that support freedom of information. Citizens need to have access to information that is produced and held by governmental agencies.

The objective of this article was to establish and assess Ghana’s legislation on making legal information readily accessible to the general public especially at …

Covid-19 Newsletter (Vol. 73), Center For Disaster Medicine, New York Medical College

COVID-19 Newsletter

No abstract provided.

Computational Complexity And Tort Deterrence, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Standard formulations of the economic model of tort deterrence constitute the injurer as the unboundedly rational bad man. Unbounded rationality implies that the injurer can always compute the solution to his care-taking problem. This in turn implies that optimal liability rules can provide robust deterrence, for they can always induce the injurer to take socially optimal care. In this paper I examine the computational complexity of the injurer's care-taking problem. I show that the injurer's problem is computationally tractable when the precaution set is unidimensional or convex, but that it is computationally intractable when the precaution set is multidimensional and …

Visual Framing Effects Of News Coverage Of Police Use Of Deadly Force On Intergroup Relationships, Lucile Henderson, Riva Tukachinsky Forster, Leora Kalili, Simone Guillory

Communication Faculty Articles and Research

The study examines the effects of visual framing in news coverage of law enforcement use of lethal force. In a 2X2 online experiment, participants read one of four versions of a news story that included visual racial cues (images depicting a Black vs. a White victim) and a delinquent/normative frame—depicting the victim wearing attire that signifies either normative or delinquent behavior (regalia vs. a hooded sweatshirt). Both race and delinquency framing influenced the readers’ stereotype endorsement and feelings toward Black Americans. However, judgment of the police officer’s behavior solely depended on the victim’s race. These findings demonstrate the importance of …

"Reasonable Expectations," Takings Law Analysis And Administrative Decisions In Light Of Rith V. United States, C. Phillip Wheeler Jr.

Journal of Natural Resources & Environmental Law

No abstract provided.

Boise Cascade Corp. V. State Of Oregon:Signaling The End Of Sovereign Immunity As A Shield For Environmental Regulation, Mark W. Starnes

Journal of Natural Resources & Environmental Law

No abstract provided.

When Worlds Collide: Science And Policy At Odds In The Regulation Of Virginia's Private Forests, Michael J. Mortimer, Harry L. Haney Jr., Jonathan J. Spink

Journal of Natural Resources & Environmental Law

No abstract provided.