Digital Commons Network^™

How Safe Is Too Safe? Exemption 7(F) And The Withholding Of Critical Documents, Grant Snyder

Michigan Journal of Environmental & Administrative Law

The Freedom of Information Act (FOIA) is one of the main tools used by the American public to investigate the actions of its government. Congress created FOIA in an attempt to make most government documents available to the public. Today, the FOIA process favors government withholding. This bias comes from institutional issues in courts’ review of FOIA challenges.

In the environmental and administrative law context, federal agencies use many exemptions to withhold government records from citizen and non-profit groups. Agencies that are tasked with permitting and regulating energy pipelines and other environmentally-sensitive infrastructure now regularly cite Exemption 7(F). These agencies …

05. Data(Sets), Illinois Mathematics And Science Academy

IMPACT

Agenda

1. Empathy and Ethics of Journalism (15-20 minutes)
2. Misleading Statistics (20 minutes)
3. Dataset Types (10 min)
4. Finding Data! (15-20 minutes)
5. Identifying Important Variables (15-20 minutes)

Statistical Abstract Fiscal Year 2018, Tennessee. Department Of Correction.

Annual Statistical Abstract

No abstract provided.

Farewell To The Felonry, Alice Ristroph

Faculty Scholarship

No abstract provided.

History And Tradition In Modern Circuit Cases On The Second Amendment Rights Of Young People, David B. Kopel, Joseph G.S. Greenlee

Southern Illinois University Law Journal

This Article surveys nineteenth century laws and cases that restricted arms ownership based on age. We analyze the nineteenth century statutes and cases through the lens of five federal Circuit Court of Appeals cases involving restrictions on the Second Amendment rights of young people.

Part II examines Rene E., a First Circuit case. Because Rene E. relied on nineteenth century cases, Part II analyzes those cases.

Part III is the Fifth Circuit’s NRA v. BATF, which cited nineteenth century statutes, some of which had led to the cases that Rene E. cited. So, Part III reviews the …

Analyzing Gun-Violence-Prevention Taxes Under Emerging Firearm Fee Jurisprudence, Hannah E. Shearer, Allison S. Anderman

Southern Illinois University Law Journal

Gun and ammunition taxes and fees have long been used to fund wildlife conservation programs and regulatory schemes that ensure guns are being purchased and possessed lawfully. In recent years, taxes have been proposed as a policy tool to help mitigate the staggering social and economic costs of gun violence by providing a reliable source of funding for gun safety and violence prevention programs. These proposed “gun-violence-prevention taxes” have been met with opposition, including from Second Amendment litigants who argue that courts should strike down gun and ammunition taxes under the Supreme Court’s First Amendment fee jurisprudence—a body of cases …

You Can’T Say That!: Public Forum Doctrine And Viewpoint Discrimination In The Social Media Era, Micah Telegen

University of Michigan Journal of Law Reform

The growing prevalence of privately-owned social media platforms is changing the way Americans and their governments communicate. This shift offers new opportunities, but also requires a reinterpretation of the First Amendment’s proscription of government limitations of speech. The public forum doctrine and its proscription of viewpoint discrimination seem particularly stretched by the digital revolution and the development of social media. In ongoing cases, litigants and courts have invoked the doctrine to limit the government’s ability to ‘block’ those who comment critically on government pages—much to the chagrin of those who note the private status of the companies hosting the pages …

How Architecture Can Promote A Sustainable And Therapeutic Experience For Patients In Psychiatric Hospitals In China, Xili Li

Theses

Mental, physical and social health are the interwoven strands of well-being for all individuals’ lives. Mental health, in particular, is crucial to the overall robustness of humans, as it enables individuals to realize their abilities, cope with the normal stresses of life, work productively, and contribute to their communities. Unfortunately, mental disorders have suffered the stigma of disgrace. Although the world has long struggled to understand, identify, and treat mental illnesses, the quality of relative facilities and treatments lags far behind other medical fields. The conditions of mental healthcare facilities are especially inadequate in developing countries, like China.

The author’s …

Raps Sheet, October 2018, Retirement Association Of Portland State

RAPS Sheet: Monthly Newsletter

No abstract provided.

Indigenous Nations Studies Newsletter, Fall 2018, Portland State University. Indigenous Nations Studies

Indigenous Nations Studies Newsletter

Table of Contents:
-- Welcoming New INST Director by Dr. Winston Grady-Willis
--Fall 2018 Welcoming by Dr. Ted Van Alst
-- Events
-- Winter 2019 courses
-- Student Reflection: Abroad in South Africa
-- Student Reflection: Walking Time
-- New Works: Ho'esta Mo'e'hahne
-- Recent Publication: Sacred Smokes
-- Dear Native College Student: You are loved
-- Course Planning Guide: INNAS Major & INST Minor

“Assault Weapon” Myths, E. Gregory Wallace

Southern Illinois University Law Journal

Four federal circuit courts have rejected Second Amendment challenges to “assault weapon” bans. The main target of these bans is the civilian AR-15, the most popular rifle in America. Most recently, the en banc Fourth Circuit in Kolbe v. Hogan took the unprecedented step of declaring that the AR-15 is not a protected firearm under the Second Amendment because it is functionally equivalent to the military M16. These courts have based their decisions upholding bans on the AR-15 and other “assault weapons” on certain factual claims about how these firearms operate.

This Article critically examines these factual claims. It identifies …

Automatic Authorization Of Frisks In Terry Stops For Suspicion Of Firearms Possession, Royce De R. Barondes

Southern Illinois University Law Journal

Heller has required courts to grapple with the interaction between Terry stops and the right to bear arms in public. Core questions are (i) whether reasonable suspicion a person is armed is by itself sufficient to initiate a Terry stop and (ii) if so, whether such a stop inherently authorizes an accompanying frisk. This Article focuses on the second issue; Royce de R. Barondes, Conditioning Exercise of Firearms Rights on Unlimited Terry Stops, 54 Idaho L. Rev. 297 (2018), examines the former. If the stop is justified as a mere inconvenience, it is inconsistent to conclude the stop inherently authorizes …

Net Neutrality Powers Energy And Forestalls Climate Change, Catherine J.K. Sandoval

San Diego Journal of Climate & Energy Law

Drawing on my experience as a Commissioner of the California Public Utilities Commission (CPUC) from January 2011 to January 2017, this Article explores the interdependence of the electricity sector and the open and neutral internet. Section II of this Article discusses the evolution of critical infrastructure laws and policies. Section III examines California’s energy loading order adopted in 2003 to increase energy reliability and protect the environment. Section IV analyzes the evolution of federal and state Smart Grid policies to infuse communications and information technologies including the internet into the energy ecosystem. Section V discusses FERC’s authorization of demand response−the …

State Of Tennessee Board Of Parole Annual Report 2017-18, Tennessee. Board Of Parole.

Board of Parole

No abstract provided.

October 1, 2018

The Gavel Gazette

No abstract provided.

Understanding The Dynamics Of The Student Code Of Conduct: Recommendations To Reduce Student Conduct Violations At Southern Illinois University Carbondale., Savannah Krieg

Research Papers

This paper aims to understand the dynamics of the Student Code of Conduct as it is being implemented at Southern Illinois University Carbondale (SIUC). Utilizing my reflections on my observations as a staff member under the Vice Chancellor of Student Affairs for five years, I outline some things that have and have not worked. Guided by the criminological theories, such as, Restorative Justice, Social Bond, and Social Learning, and Self Authorship this paper recommends four solutions. First, all incoming students should be mandated to complete a service learning project in the Carbondale community. Second, Student Rights and Responsibilities should increase …

Emerging Best Practices For The Management And Treatment Of Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Youth In Juvenile Justice Settings, Brenda V. Smith, Hayley Gorenberg, J. Rhodes Perry, Lisa Belmarsh, Shaena Johnson, Steven Jett, Rebecca Walters, Macarena Saez, Dana Shoenberg, Terry Schuster, Josh Delaney, Karen Bachar, Mykel Selph, Mark Seymour, Sharita Gruberg, Chris Daley, Mark Yarhouse

Research Reports & White Papers

In 2016 according to the U.S. Department of Justice, 856,130 youth were arrested and 45,567 juveniles were held in 1,772 residential juvenile facilities across the country. Detained and confined youth share many characteristics: most are from poor communities and lack access to quality health care. Mental illness and sexually transmitted infections are prevalent. Compared to their non-confined counterparts, incarcerated youth also experience higher rates of substance abuse and homelessness, are educationally behind their peers, are disproportionately identified as needing special education services, and are more likely to have had traumatic experiences (including sexual and emotional abuse) and injuries including traumatic …

State Of Arizona V. Guy James Goodman: On Petition For A Writ Of Certiorari To The Arizona Supreme Court, Allyson N. Ho, Paul Cassell, Bradley Hubbard, Cristina M. Squiers, Elizabeth A. Kiernan, Steven J. Twist

Utah Law Faculty Scholarship

Arizona’s pending certiorari petition in Arizona v. Goodman provides the Supreme Court with an opportunity to review the important issue of the circumstances under which the Constitution permits an accused sex offender to be denied bail pending trial. In 2002, Arizona voters amended their state constitution, rendering a defendant categorically ineligible for bail if “the proof is evident or the presumption great” that he committed sexual assault. In a narrowly divided opinion, the Arizona Supreme Court found that this measure unconstitutional. And yet the Court’s opinion makes clear that the Constitution does not prohibit denying bail to defendants who present …

Unlocking The Fifth Amendment: Passwords And Encrypted Devices, Laurent Sacharoff

Fordham Law Review

Each year, law enforcement seizes thousands of electronic devices—smartphones, laptops, and notebooks—that it cannot open without the suspect’s password. Without this password, the information on the device sits completely scrambled behind a wall of encryption. Sometimes agents will be able to obtain the information by hacking, discovering copies of data on the cloud, or obtaining the password voluntarily from the suspects themselves. But when they cannot, may the government compel suspects to disclose or enter their password? This Article considers the Fifth Amendment protection against compelled disclosures of passwords—a question that has split and confused courts. It measures this right …

Labor Organizing In The Age Of Surveillance, Charlotte Garden

Faculty Articles

No abstract provided.

Reconciling Brady And Pitchess: Association For Los Angeles Deputy Sheriffs V. Superior Court, And The Future Of Brady Lists, Ryan T. Cannon

San Diego Law Review

In 2014, the Los Angeles County Sherriff’s Department (LASD) joined a growing number of law enforcement agencies utilizing “Brady lists”; a system by which prosecutorial agencies are notified of potential Brady/Giglio material in a police officer’s personnel file. These lists enable prosecutors to comply with their constitutional Brady disclosure obligations—to turn over all evidence material to guilt or punishment, including impeachment material. However, in 1978 California made the contents of police officer personnel files confidential with the passage of the Pitchess statutes. Since that time, California courts have wrestled with the extent of allowable disclosure under the Pitchess statutes, including …

Elliott State Forest: Next Step Considerations For Decoupling From Oregon’S Common School Fund, Peter Harkema, Brett Brownscombe, Amy Delahanty

National Policy Consensus Center Publications

This report is the product of a series of interviews Oregon Consensus conducted with parties and stakeholders representing key interests related to the Elliott State Forest. The Department of State Lands (DSL) engaged Oregon Consensus to conduct a neutral, third-party assessment for the purpose of gathering perspectives and informing a process and framework for decoupling Elliott State Forest from the State Common School Fund (School Fund) within the framework established by the Oregon State Land Board (Land Board) at its May 9, 2017, meeting. “Decoupling” is generally intended to mean releasing all or a portion of Elliott State Forest from …

Delineating Victims From Perpetrators: Prosecuting Self-Produced Child Pornography In Youth Criminal Justice Systems, Bryce Westlake

Faculty Publications

Video recording technology advancements and accessibility has been paralleled by a growth in self-produced child pornography (SPCP). Although social and judicial attention has been given to instances of teenage sexting, Internet-based forms of SPCP, such as webcam/website sex tourism, have almost been ignored. While some of the proposed legislation reform has referenced video-based SPCP, the majority has focused on SPCP distributed through cellular phones; excluding that which is manifested online or through entrepreneurial efforts. The purpose of this article is to introduce non-sexting SPCP, using the case study of Justin Berry (in the United States), and to propose a broad …

From Ruby Ridge To Oklahoma City: The Radicalization Of Timothy Mcveigh, Allison Reese

Senior Theses

The Oklahoma City bombing on April 19, 1995 was a watershed moment in American history and indelibly changed the way Americans viewed terrorism and public safety. While the effects of the bombing are well-documented, not as much attention has been paid to the motivations of the bomber, Timothy McVeigh. He was spurred to action by the events of the Waco siege, where the FBI engaged in a 51-day standoff with the Branch Davidians, a small religious group suspected of owning illegal weapons. However, this was not the first incident that inspired his later actions. In 1992, the Weaver family entered …

Lanthorn, Vol. 53, No. 07, October 1, 2018, Grand Valley State University

Volume 53, July 9, 2018 - June 10, 2019

Lanthorn is Grand Valley State's student newspaper, published from 1968 to the present.

Lifetime Economic Burden Of Intimate Partner Violence Among U.S. Adults, Cora Peterson, Megan C. Kearns, Wendy Likamwa Mcintosh, Lianne Fuino Estefen, Christina Nicolaidis, Kathryn E. Mccollister, Amy Gordon, Curtis Florence

School of Social Work Faculty Publications and Presentations

Introduction: This study estimated the U.S. lifetime per-victim cost and economic burden of intimate partner violence.

Methods: Data from previous studies were combined with 2012 U.S. National Intimate Partner and Sexual Violence Survey data in a mathematical model. Intimate partner violence was defined as contact sexual violence, physical violence, or stalking victimization with related impact (e.g., missed work days). Costs included attributable impaired health, lost productivity, and criminal justice costs from the societal perspective. Mean age at first victimization was assessed as 25 years. Future costs were discounted by 3%. The main outcome measures were the mean per-victim (female and …

Laying Siege To The Ivory Tower: Resource Allocation In Response To The Heckler's Veto On University Campuses, Macklin W. Thornton

San Diego Law Review

High in the towers of academia, the lofty ideals of free speech are tossed around with a deceptive ease. However, as legal minds grapple with heady legal doctrines, free speech has concrete consequences down at the foot of those towers. At this ivory base, the property line between the university and the community blur. Students and nonstudents assemble and deliver conflicting speech that, at times, foments violence. Molotov cocktails, gun shots, broken windows, disgruntled students. All attempts to trigger the dreaded heckler’s veto—an attempt the government has an obligation to prevent. In addition to the public relations disasters grown from …

Institutional Data Book 2017-2018, University Of Minnesota, Morris Office Of Institutional Research

Institutional Effectiveness and Research Reports

No abstract provided.

A "Reasonable" Expectation Of Sexual Privacy Inthe Digital Age, Moira Aikenhead

Dalhousie Law Journal

Two Criminal Code offences, voyeurism, and the publication of intimate images without consent, were enacted toprotect Canadians' right to sexual privacy in light of invasive digital technologies. Women and girls are overwhelmingly targeted as victims for both of these offences, given the higher value placed on their non-consensual, sexualised images in an unequal society.Both offences require an analysis ofwhether the complainant was in circumstances giving rise to a reasonable expectation of privacy, and the use of this standard is potentially problematic both from a feminist standpoint and in light of the rapidly evolving technological realities of the digital age. This …

The Constitutionality Of Classification: Indigenous Overrepresentation And Security Policy In Canadian Federal Penitentiaries, D'Arcy Leitch

Dalhousie Law Journal

This article examines one component of the Correctional Service of Canada's (CSC) risk classification scheme. The CSC uses the Custody Rating Scale (CRS), a 12-item actuarial instrument, to measure risk and to provide security classification recommendations. Empirical data shows that while CRS recommendations may have some predictive validity, certain of the 12 items the CRS includes do not, particularly for Indigenous prisoners. This article makes the case that the inclusion ofsuch items in the CRS violates prisoner's rights under section 7 of the Charter by depriving them of liberty in a manner that is arbitrary and overbroad. Habeas corpus is …