Digital Commons Network^™

Board Of Regents Meeting Materials, October 25, 2018, Eastern Michigan University

Board of Regents Meeting Materials

No abstract provided.

Treatment Or Punishment: Sentencing Options In Dwi Cases, Victor Eugene Flango

Court Review: Journal of the American Judges Association

Alcohol-related crashes are responsible for many of the traffic fatalities in the United States, and the sad thing is that many of these are preventable. Yet the attitude of the public toward driving while impaired (DWI)1 is conflicted, and that ambivalence is reflected in the criminal justice process. Unlike other crimes, or even smoking, the goal of the law is not to cease all drinking and driving, just drinking that impairs judgment and the ability to drive safely. The question then becomes how much drinking is acceptable before driving, which can vary by health, weight, and tolerance of the individual. …

Looking Backward, Looking Forward: How The Evolution Of Specialty Courts Can Inform The Courts Of Tomorrow, Tatyana Kaplan, Monica K. Miller, Emily F. Wood

Court Review: Journal of the American Judges Association

LOOKING BACKWARD

The “war on drugs” in the 1980s led to more punitive drug related legislation and exponential increases in arrest and incarceration rates. In 1980, there were 580,900 drug violation arrests. In 1989, the number of drug-related arrests increased to more than 1.3 million.1 The substantial increase in arrests, many which were nonviolent, overburdened courts and resulted in increasingly overcrowded prisons. Laypersons and legal actors became frustrated with the traditional approach to case processing and the “revolving door” of repeat drug-related offenders.2 In response to burgeoning dockets and prisons and drug-related recidivism, Miami-Dade County, Florida opened the country’s first …

History Of Senate Bills:, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Subject Index:, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Status Of All Senate Bills As Of 8:00 A.M. June 20, 2018 - Final:, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

House Journal: Seventy-First General Assembly State Of Colorado Second Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Subject Index Of House And Senate Bills: Passed In The Seventy-First General Assembly Second Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Too Big To Fail: Limiting Public Risk In Hydropower Licensing, Joshua Viers, Daniel Nover

UC Law Environmental Journal

No abstract provided.

The Origins Of The Espionage Act Of 1917: Was Judge Learned Hand's Understanding Of The Act Defensible?, Geoffrey R. Stone

Articles

No abstract provided.

Federalism Friction In The First Year Of The Trump Presidency, Vikram David Amar

UC Law Constitutional Quarterly

Over the last twelve months or so, federalism principles have been repeatedly invoked by state and local governments in a range of lawsuits and legislative proposals seeking to block or temper federal policy initiatives emanating from the new Administration of President Donald Trump. In this essay, I hope to sketch out a few of the more high-profile federalism flashpoints that have emerged over the past year or so, and offer some preliminary assessments of some of the decisions that lower courts (and legislative bodies) have been rendering in some of them. I try to highlight areas of agreement and areas …

Jeopardizing Their Communities, Their Safety, And Their Lives: Forced Concealed Carry Reciprocity's Threat To Federalism, Hannah E. Shearer

UC Law Constitutional Quarterly

The Concealed Carry Reciprocity Act (H.R. 38) is a gun bill that would force each state to recognize and enforce the concealed carry laws of every other state. State laws governing the concealed carry of firearms vary widely in how effectively they screen out reckless or unlawful gun carriers. Weaker state laws let more people carry with fewer background checks or other restrictions, and H.R. 38 would extend the geographic scope of the weakest concealed carry laws in the nation, without requiring that Congress actually adopt a weak national standard. This Essay argues that forced reciprocity violates the division of …

Sex Offender Regulations And The Rule Of Law: When Civil Regulatory Schemes Circumvent The Constitution, Ryan W. Porte

UC Law Constitutional Quarterly

The U.S. Supreme Court last decided the issue of whether post-incarceration sex offender regulations constituted punishment or nonpunitive regulations over twenty years ago. In coming to its conclusion, the Supreme Court assessed the regulations as they were written in the 1990s and the early 2000s and maintained the assumption that offenders constituted a greater danger to the public than other classes of criminals. In 2018, post-incarceration sex offender regulations are far more restrictive than they were two decades ago and scientific studies tend to refute the public belief that sex offenders are more recidivistic than other criminals. Recognizing this, some …

Prior Record Enhancements At Sentencing: Unsettled Justifications And Unsettling Consequences, Richard Frase, Kelly Lyn Mitchell, Rhys Hester Hester, Julian V. Roberts

Articles

No abstract provided.

Punishing Kids In Juvenile And Criminal Court, Barry Feld

Articles

No abstract provided.

Understanding “Sanctuary Cities”, Linus Chan, Juliet P. Stumpf, Christopher N. Lasch, Ingrid V. Eagly

Articles

No abstract provided.

Immigration As Commerce: A New Look At The Federal Immigration Power And The Constitution, Jennifer Gordon

Faculty Scholarship

The relationship of immigration law to the Constitution has long been incoherent. One result is that there is little clarity on the appropriate standard of review for constitutional violations when aspects of immigration law and policy are challenged in the federal courts. This Article advances the Commerce Clause as the anchor of a new understanding of the link between the government's immigration power and the Constitution. Despite the extensive early history of the Foreign Commerce Clause as the presumed source of the immigration power, it plays almost no role in immigration jurisprudence today, and few scholars have seriously considered its …

Graduate Bulletin 2018-2019, Cuny John Jay College

College Bulletins

Covers academic year 2018-2019

Undergraduate Bulletin 2018-2019, Cuny John Jay College

College Bulletins

Covers academic year 2018-2019

The Impact Of Wildfire On Soil Erosion Using A Gis-Integrated Rusle Model And The Influence Of Dem Resolution On Model Results, Amada Fernandez

USF St. Petersburg campus Honors Program Theses (Undergraduate)

This study analyzes the environmental impact of wildfires on soil erosion in the surrounding watershed of the burn area. Depending on the severity and frequency, wildfrres can have detrimental effects on the soils and hydrology of an ecosystem. Since severe wildfires alter the vegetation cover and the properties of the soil, researchers are often concerned with changes in sedimentation after a wildfire and its implications for watershed hydrology. Adverse changes to sedimentation can result in increases in surface runoff, soil erosion, sediment delivery to nearby streams, and peak flows. Assessing post-fire soil erosion risk is crucial in prioritizing watershed protection …

Judicial Supremacy: Palladium Of Liberty Or Academic Paradox, Nelson Lund

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Licensing Liability: Responding To Judicial Expansion Of Antitrust Enforcement In North Carolina Dental, Lesley E. Roe

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

The Gap Between Martinez And Davila: Serving The Next Generation Of Federal Habeas Corpus Cases, Lexie Ward

Belmont Criminal Law Journal

During the summer of 2017, the United States Supreme Court announced a decision in Davis v. Davila, which bars substantial claims of ineffective assistance of appellate counsel that have been procedurally defaulted. However, despite the merits of limiting the number of cases which were not diligently pursued by an inmate, the Court states its conclusion too broadly and now effectively bars a prisoner from bringing claims of significant trial error in front of any court. A prisoner’s claim that was not available until a trial-level appeal, and was then avoided due to ineffective post-conviction counsel, may now be dodged by …

A Review Of Taiwanese Trust In The Police With Alternative Interpretations., Shun-Yung Kevin Wang

USF St. Petersburg Campus Faculty Publications

This study aims to review and reinterpret Taiwanese citizens’ trust in the police, with a focus on taking its social changes, political transitions, and historical background into consideration. Modern Taiwan inherits both Chinese and Japanese cultures, and the urbanization on the island has generated substantial differences between rural areas and metropolitans. The political system has also successfully transformed from authoritarianism to democracy since late 1980s and subsequently leads to paradigm shift in policing. All of the contemporary empirical studies regarding public assessments of the police are based on survey data, however, they either poorly measure the multi-dimensional nature of trust …

A Voice In The Wilderness: John Paul Stevens, Election Law, And A Theory Of Impartial Governance, Joshua A. Douglas, Cody S. Barnett

Law Faculty Scholarly Articles

Justice John Paul Stevens retired from the Supreme Court almost a decade ago and turned ninety-eight years old in April 2018. How should we remember his legacy on the Supreme Court? This Article places his legacy within his election law jurisprudence. Specifically, Justice Stevens provided a consistent theory, which we term “impartial governance,” that has had a lasting impact on the field. This theory undergirds Justice Stevens’s creation of the important Anderson-Burdick-Crawford balancing test that federal courts use to construe the constitutionality of laws that impact the right to vote, such as voter ID laws. It is part of his …

Concerning Department Of Public Safety Authority To Repeal Rules Relating To Defunct Boards., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Lincoln, New Hampshire Town Report 2017., Lincoln Town Representatives

Lincoln, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Lies, Line Drawing, And (Deep) Fake News, Marc Jonathan Blitz

Oklahoma Law Review

No abstract provided.

School Finance In Indiana: Predicting Referendum Success In K-12 Public School Districts, Brandon Heath Penrod

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this quantitative study was to determine if the outcome of two different types of referendums, operating fund and construction, could be more accurately predicted by using certain predictor variables. Furthermore, if the outcome could be more accurately predicted, which predictor variables were statistically significant in that prediction, thus allowing school district leaders to more precisely target specific variables. The two research questions studied were the same question applied separately to an operating fund referendum and a construction referendum, and centered on the following variables and their ability to predict the outcome of each referendum: Average daily membership, …

Winter Commencement, December 15, 2018, Eastern Michigan University

Commencement Programs and Materials

No abstract provided.