Digital Commons Network^™

Mass Murder: American Unexceptionalism, D.C. V. Heller, And “Reasonableness”, Clayton E. Cramer

Southern Illinois University Law Journal

Lower courts have used a variety of techniques to largely ignore District of Columbia v. Heller (2008) and McDonald v. Chicago (2010), primarily by defining various categories of gun ownership outside a narrow definition of the “core” of the right protected by the Second Amendment. Will this same approach be used by a future Supreme Court to effectively reverse Heller by declaring some weapons too effective for mass murder to be protected? Is mass murder exceptionally American? If so, can America’s relatively laissez-faire gun control laws be the cause? Could a narrow reading of the Second Amendment, post-District of …

Standards Of Review, The Second Amendment, And Doctrinal Chaos, David T. Hardy

Southern Illinois University Law Journal

In 2008, the Supreme Court recognized that the Second Amendment guaranteed an individual right to arms: in 2010, it classed that right as fundamental, for Fourteenth Amendment purposes. In the period since, the Court has (with one minor exception) rejected all petitions for certiorari. The result has been widespread and serious divisions among the lower courts. Where a plaintiff brings his or her action will determine whether one, two, or no standards of review apply. Within the Circuits that apply two standards, the choice of forum will determine where to draw the line between the stricter and less strict standard, …

Annual Security And Fire Safety Report, Lindenwood University

Security Reports

2018 Annual Security and Fire Safety Report

The Secrets We Keep…: Encryption And The Struggle For Software Vulnerability Disclosure Reform, Ian Williams

Michigan Technology Law Review

Vulnerabilities within pieces of software can expose otherwise secure data to outside parties. Such vulnerabilities are exploited not just by malicious actors looking to exploit secured data for criminal reasons, but also by law enforcement and intelligence agencies. Government agencies have cultivated vulnerabilities as investigative tools and cyber weapons, and at times keep the vulnerabilities they have discovered secret from both the companies that produced the software and the consumers who rely upon it. While the US Government has created a vulnerability disclosure system to help decide when to keep a vulnerability secret, it does not do enough to balance …

Easthampton Council On Aging Planning Study, Caitlin Coyle, Jan Mutchler, Ceara Somerville

Center for Social and Demographic Research on Aging Publications

This report describes collaborative efforts undertaken by the City of Easthampton Council on Aging (ECOA) and the Center for Social and Demographic Research on Aging (CSDRA), within the Gerontology Institute at the McCormack Graduate School, University of Massachusetts Boston. Beginning in Fall 2017, these organizations partnered to conduct a study to investigate the needs, interests, preferences, and opinions of the City’s residents age 55 and older. During this assessment, multiple approaches were utilized to compile information that could be used to plan and implement current and future services. We examined data from the U.S. Census Bureau and from projections generated …

Etsu Today - Fall 2018, University Marketing And Communication, East Tennessee State University

ETSU Today [magazine]

Since the founding of East Tennessee State University in 1911, the stories of our students, faculty, staff, and alumni have built upon each other to tell an even bigger story, of an institution focused on improving the quality of life for the people of the region. Today, nearly 95,000 ETSU alumni live and work in 50 states and 68 countries. Each of you represents a part of our story as a university—from the chapters you helped write as students conducting important service, research, and educational missions to the chapters yet to be written, with compelling stories of our alumni making …

A Constitutional Case For Extending The Due Process Clause To Asylum Seekers: Revisiting The Entry Fiction After Boumediene, Zainab A. Cheema

Fordham Law Review

In the last two decades, the U.S. Supreme Court has actively grappled with balancing the interests of immigrant detainees and the federal government in the context of prolonged immigration detention by reconciling the statutory framework with constitutional guarantees of due process. The Court has focused on how prolonged detention without an opportunity for an individualized custody determination poses a serious constitutional threat to an alien’s liberty interest. The Court’s jurisprudence has focused, however, on aliens who have effected an entry into the United States. The constitutional entitlements of nonresidents who are detained upon presenting themselves at the border have so …

Open The Jail Cell Doors, Hal: A Guarded Embrace Of Pretrial Risk Assessment Instruments, Glen J. Dalakian Ii

Fordham Law Review

In recent years, criminal justice reformers have focused their attention on pretrial detention as a uniquely solvable contributor to the horrors of modern mass incarceration. While reform of bail practices can take many forms, one of the most pioneering and controversial techniques is the adoption of actuarial models to inform pretrial decision-making. These models are designed to supplement or replace the unpredictable and discriminatory status quo of judicial discretion at arraignment. This Note argues that policymakers should experiment with risk assessment instruments as a component of their bail reform efforts, but only if appropriate safeguards are in place. Concerns for …

Csci 39549 Agile Software Development, Arylee Mcsweany, Rebecca Sliter, Nyc Tech-In-Residence Corps

Open Educational Resources

No abstract provided.

Institutional Databook 2017-2018, University Of Minnesota, Morris Office Of Institutional Research

Campus Documents and Reports

No abstract provided.

Family Separations: What Science Tells Us About Family Separations And Why All Nebraskans Should Care: Blog Post, Lissette Aliaga-Linares, Jonathan B. Santo, Juan F. Casas

Latino/Latin American Studies Other Publications

No abstract provided.

Proposed Rules To Determine The Legal Use Of Autonomous And Semi-Autonomous Platforms In Domestic U.S. Law Enforcement, Michael Sinclair

North Carolina Journal of Law & Technology

We need some rules. “Or there will be . . . trouble.”

Cybersecurity Of Autonomous Systems In The Transportation Sector: An Examination Of Regulatory And Private Law Approaches With Recommendations For Needed Reforms, Jeanne C. Suchodolski

North Carolina Journal of Law & Technology

The past twenty-five years gave rise to increasing levels of automation within the transportation sector. From initial subsystems, like vessel satellite tracking and automobile chassis control, automation continues apace. The future promises fully autonomous devices such as unmanned aerial systems (“UAS”) and self-driving cars (“UAV”). These autonomous and automatic systems and devices (“AASD”) provide safety, efficiency, and productivity benefits. Yet AASD operate under continual threat of cyber-attack. ¶ Compromised AASD can produce dire consequences in the transportation sector. The possible consequences extend far beyond financial harms to severe bodily injury or even death. Given both the prevalence of cyber threats …

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.

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 …

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 …