Digital Commons Network^™

The Development Of Emergency Planning For People With Disabilities Through Ada Litigation, 51 J. Marshall L. Rev. 819 (2018), Barry Taylor

UIC Law Review

No abstract provided.

The Resurgence Of American Nativism In The Early-Twentieth Century And Its Effects On Industrial Hemp Production In The United States, Roman King

Master's Theses or Doctor of Nursing Practice

Congress passed the Marihuana Tax Act on August 2, 1937, which officially made it illegal to handle any form of Cannabis sativa L. without adhering to mandatory taxes and registration forms. The American cultivation of industrial hemp (fibrous, non-psychoactive C. sativa L.), became non-existent by 1958 due to the strict penalties associated with the 1937 Tax Act. Industrial hemp served as a staple of American life from the arrival of the first English colonists in North America up until the textile conquest of King Cotton in the early-nineteenth century. Despite the rise of cotton and the importation of cheap foreign …

Jail As Injunction, Russell M. Gold

Articles

No abstract provided.

Augmenting Incident Command System For Improved Emergency Response, Meenakshi Nagarajan

Browse all Theses and Dissertations

Incident Command System provides a framework for commanders to manage an incident. However, maintaining good situation awareness in an emergency situation is often challenging to the Incident Commander. Stress may result in task fixation which may cause the commander to miss critical information and can eventually lead to poor decisions. The proposed augmented decision support system, with an integrated knowledge base, enhances the commander's decision making and situation awareness by presenting the information that may have been missed. The system has been evaluated to investigate its utility in chemical hazard scenarios. The system was used by experienced Incident Commanders to …

Campus Discourse And Democracy: Free Speech Principles Provide Sound Guidance Even After The Tumult Of 2017, Catherine J. Ross

GW Law Faculty Publications & Other Works

This Article argues that First Amendment doctrine provides a nuanced and adequate framework for responding to contemporary challenges involving the intersection of free speech, protests, outside agitators, and the risk of violence on college campuses. The Article places contemporary events and concerns in the context of classic free speech doctrine--which binds all public colleges and universities and which many privately-run colleges voluntarily commit to respecting. It also analyzes the import of the unique mission of universities as set out in three seminal university reports on freedom of expression that emphasize intellectual freedom, “full freedom of dissent,” and the imperative of …

Missouri Shows The True Meaning Of The “Show-Me” State – Missouri’S Unfounded Hesitation To Enact A Prescription Drug Monitoring Program, Emma Masse

Missouri Law Review

No abstract provided.

Human–Black Bear Conflicts: A Review Of Common Management Practices, Carl W. Lackey, Stewart W. Breck, Brian F. Wakeling, H. Bryant White

Human–Wildlife Interactions Monographs

The objective of this monograph is to provide wildlife professionals, who respond to human–bear conflicts, with an appraisal of the most common techniques used for mitigating conflicts as well as the benefits and challenges of each technique in a single document. Most human–black bear conflict occurs when people make anthropogenic foods like garbage, dog food, domestic poultry, or fruit trees available to bears. Bears change their behavior to take advantage of these resources and may damage property or cause public safety concerns in the process. Managers and the public need to understand the available tools to stop human–bear conflict and …

Personality And Mental Health Support Effects On Occupational Trauma And Posttraumatic Growth In Police Officers, Jennifer Leigh Wills

Graduate Student Theses, Dissertations, & Professional Papers

Purpose: The purpose of this study is to investigate relationships between occupational trauma exposure, work environment stress, personality traits, posttraumatic stress, and posttraumatic growth in police officers.

Scope of the study: A cross sectional mixed method research study design with longitudinal component was utilized. The sample consisted of 109 police officers in approximately 13 police agencies from multiple communities ranging from small rural departments to major city and statewide agencies.

Instruments used: The California Psychological Inventory 434 (CPI-434); the Police Stress Questionnaire-Operational; the Police Stress Questionnaire-Organizational; the Critical Incident History Questionnaire; the Posttraumatic Checklist for the DSM-5; the Centrality of …

Broad-Banned: The Fcc's Preemption Of State Limits On Municipal Broadband And The Clear Statement Rule, John T. Cobb

Emory Law Journal

In 2015, the FCC preempted statutes in North Carolina and Tennessee that limited the powers of municipally owned internet service providers to expand their networks to nearby underserved communities. The FCC determined, pursuant to Section 706 of the Telecommunications Act of 1996, that these state limits on municipal broadband networks were anticompetitive barriers to infrastructure investment. The States appealed the FCC order, arguing that the FCC did not have the authority to interpose itself between the States and their political subdivisions. Relying on the Supreme Court¿s earlier decision in Nixon v. Missouri Municipal League, the Sixth Circuit agreed with the …

Expatriation Restored, Jonathan David Shaub

Law Faculty Scholarly Articles

Expatriation - the loss or relinquishment of citizenship - has a long and divisive history as a fundamental concept of American citizenship. It has been the subject of contentious and robust debate from the very beginning of the country. This Article posits that the concept of expatriation today has little jurisprudential salience, despite its increasing rhetorical valence in the context of terrorism, because the historical development of the concept has obscured its meaning. Expatriation originally had a precise meaning: an individual right declared by the country in 1868 to be "indispensable" to the inalienable rights identified in the Declaration of …

The Sharpest Tool In The Toolbox: Visual Legal Rhetoric, Michael D. Murray

Law Faculty Scholarly Articles

Visual briefs and other forms of visual rhetoric in legal communication may eventually become the norm in legal practice because of the enormous communicative and rhetorical power of visual media. I have discussed the uses of visual legal rhetoric and the ensuing ethical and professional considerations elsewhere. Here, I will focus on providing instruction to law students and lawyers regarding proper and effective usage of visual legal rhetoric.

Undergraduate Catalog, 2018-2019, University Of South Florida St. Petersburg.

Undergraduate Catalogs

No abstract provided.

Explaining Variance In Crime Rates Among Florida Counties, Philip M. Dispirito

Honors Undergraduate Theses

What explains the variance in crime rates among Florida counties? Bivariate regression found that clearance rate had a statistically significant negative relationship with crime rate, and that the following variables had a statistically significant positive association with crime rate: law enforcement funding, population density, Hispanic population percent, the percent of males in the 18-39 range, and the percent of immigrants. It seems probable that law enforcement funding is actually dependent on crime rate rather than causing increases in crime rate: counties with higher crime rates likely spend more money on law enforcement to combat crime. To deal with significant multicollinearity, …

Whose Sustainability? An Analysis Of A Community Farming Program's Food Justice And Environmental Sustainability Agenda, Sarah Davenport

Honors Undergraduate Theses

As the 1960s Environmental movement has grown, sustainability and justice discourses have come to the fore of the movement. While environmental justice discourse considers the unequal effects of environmental burdens, the language that frames "sustainability" is often socially and politically neutral. This thesis critically examines sustainability initiatives and practices of an urban farming organization in Florida. Based on ethnographic fieldwork in 2017, I explore the extent to which these initiatives incorporate race, ethnicity, and socioeconomic class when working to provide sustainably grown food in diverse communities. I argue that the organization's focus on justice for the environment, rather than for …

The Broken Medicare Appeals System: Failed Regulatory Solutions And The Promise Of Federal Litigation, Greer Donley

Health Matrix: The Journal of Law-Medicine

The Medicare Appeals System is broken. For years, the System has been unable to accommodate a growing number of appeals. The result is a backlog so large that even if no new appeals were filed, it would take the System a decade or more to empty. Healthcare providers wait many years for their appeals to be heard before an Administrative Law Judge (ALJ), and because the government recoups providers' Medicare payments while they wait, the delays cause them serious financial harm. Even worse, providers are more likely than not to prevail before the ALJ, proving that the payment should never …

Technological Incarceration And The End Of The Prison Crisis, Mirko Bagaric, Dan Hunter, Gabrielle Wolf

Journal of Criminal Law and Criminology

The United States imprisons more of its people than any nation on Earth, and by a considerable margin. Criminals attract little empathy and have no political capital. Consequently, it is not surprising that, over the past forty years, there have been no concerted or unified efforts to stem the rapid increase in incarceration levels in the United States. Nevertheless, there has recently been a growing realization that even the world’s biggest economy cannot readily sustain the $80 billion annual cost of imprisoning more than two million of its citizens. No principled, wide-ranging solution has yet been advanced, however. To resolve …

Employment Discrimination On The Basis Of Criminal History: Why An Anti-Discrimination Statute Is A Necessary Remedy, Elizabeth Westrope

Journal of Criminal Law and Criminology

The harms of mass incarceration do not end when an individual is released from prison. Instead, criminal records haunt approximately 70 million people throughout the United States today. Criminal histories follow persons convicted of crimes for the rest of their lives, creating collateral consequences that make it difficult for these individuals to get back on their feet and re-integrate into society. Gaining employment is one of the most crucial steps for returning citizens to take in order to regain stability in their lives. Yet, it remains one of the biggest obstacles. Employers are often wary of hiring persons with criminal …

Assessing Dangerousness Amidst Racial Stereotypes: An Analysis Of The Role Of Racial Bias In Bond Decisions And Ideas For Reform, Lydette S. Assefa

Journal of Criminal Law and Criminology

The problems of mass incarceration in the United States and its burdens on the economic and social well-being of local communities, counties, and states have received increased attention and have spurred conversations on prison and jail reform. More recently, reform efforts have appropriately focused on the bond system and the role of pretrial detention in fueling jail and prison overcrowding. The bond process presents a unique opportunity for reform because defendants at this stage are presumed innocent and, as the Supreme Court has affirmed, these defendants possess fundamental rights to liberty and a presumption towards pretrial release. Yet jurisdictions, such …

Principles Of Pretrial Release: Reforming Bail Without Repeating Its Harms, Brook Hopkins, Chiraag Bains, Colin Doyle

Journal of Criminal Law and Criminology

Bail reform is happening. Across the country, jurisdictions are beginning to recognize that contemporary pretrial systems rooted in money bail are discriminatory, ineffective, and (by and large) unconstitutional. A common and substantial component of contemporary reforms is an increased reliance on conditional release as an alternative to pretrial incarceration. In many ways, conditional release represents an improvement over money bail, but the practice of conditional release has its own pitfalls.

This Article identifies unforeseen and unplanned harms that can result from a system of conditional release and proposes five principles that jurisdictions can follow to eliminate or mitigate these harms. …

Toward A Just Model Of Pretrial Release: A History Of Bail Reform And A Prescription For What's Next, Alexa Van Brunt, Locke E. Bowman

Journal of Criminal Law and Criminology

The criminal justice system is in the midst of the “third wave” of bail reform in the United States. The current movement aims to end the ingrained practices of wealth-based discrimination in pretrial administration. The authors—civil rights attorneys who have litigated the issue of cash bond in Cook County, Illinois—have been on the front lines of this policy shift. From this vantage, we conduct a historical analysis of modern-day bail reform efforts in the “first” and “second” waves of bail reform, and examine the impact of these reforms on incarceration rates and racial disparities in the justice system. We explain …

Department Of English Newsletter, Winter 2017-2018, Illinois State University, Department Of English

Department of English Newsletter

Newsletter of the Illinois State University Department of English

The Intersection Between Young Adult Sentencing And Mass Incarceration, Josh Gupta-Kagan

Faculty Publications

This Article connects two growing categories of academic literature and policy reform: arguments for treating young adults in the criminal justice system more leniently than older adults because of evidence showing brain development and maturation continue until the mid-twenties; and arguments calling for reducing mass incarceration and identifying various mechanisms to do so. These categories overlap, but research has not previously built in depth connections between the two.

Connecting the two bodies of literature helps identify and strengthen arguments for reform. First, changing charging, detention, and sentencing practices for young adults is one important tool to reduce mass incarceration. Young …

Implementation Of A Collaborative Hiv And Hepatitis C Screening Program In Appalachian Urgent Care Settings, Carmen N. Burrell, Melinda J. Sharon, Stephen M. Davis, Elena M. Wojcik, Ian B.K Martin

Faculty & Staff Scholarship

Introduction: With the current hepatitis C (HCV) epidemic in the Appalachian region and the risk of human immunodeficiency virus (HIV) co-infection, there is a need for increased secondary prevention efforts. The purpose of this study was to implement routine HIV and HCV screenings in the urgent care setting through the use of an electronic medical record (EMR) to increase a provider’s likelihood of testing eligible patients.

Methods: From June 2017 through May 2018, EMR-based HIV and HCV screenings were implemented in three emergency department-affiliated urgent care settings: a local urgent care walk-in clinic; a university-based student health services center; and …

Critical Issues Affecting The Reliability And Admissibility Of Handwriting Identification Opinion Evidence—How They Have Been Addressed (Or Not) Since The 2009 Nas Report, And How They Should Be Addressed Going Forward: A Document Examiner Tells All, Andrew Sulner

Seton Hall Law Review

No abstract provided.

The Anti-Blackstonians, Marvin Zalman

Seton Hall Law Review

No abstract provided.

Hero Or Villain: The New Jersey Consumer Fraud Act, Samuel M. Silver

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

County Of Los Angeles V. Mendez: Defending The Constitutionality Of The "Provocation Rule", Layla Bishara

Loyola of Los Angeles Law Review

No abstract provided.

A Response To When Police Kill, Stephen Rushin

Faculty Publications & Other Works

No abstract provided.

Adult Justice In Nebraska 2018, Sara Toto, Ryan E. Spohn, Emily M. Wright, Tara Grell, Nebraska Center For Justice Research, University Of Nebraska At Omaha

Reports

The Nebraska Center for Justice Research was established in 2014 with a mission to develop and sustain research capacity internal to the State of Nebraska, assist the Legislature in research, evaluation, and policymaking to reduce recidivism, promote the use of evidence-based practices in corrections, and improve public safety. The primary purpose of this report is to provide an overview of recent trends in Nebraska’s adult criminal justice system. Most of the data in this report is presented statewide as well as separated into Nebraska’s twelve judicial districts. Nebraska’s two most metropolitan counties are represented by District 4 (Douglas County) and …

Police Executive Opinions Of Legal Regulation, Stephen Rushin, Roger Michalski

Faculty Publications & Other Works

By conducting a national survey, this Article empirically assesses how American police leaders perceive external legal regulation.

At various times, policymakers have decried external police regulations as too expensive, too complicated, or too difficult to apply to different factual scenarios. Critics have also alleged that police regulations change too frequently, inadequately consider input from the law enforcement community, and unduly risk the safety of officers or the broader community.

These complaints underscore an uncomfortable but unavoidable reality: efforts to regulate police behavior often require policymakers to make compromises. A rule that promotes one goal may necessarily compromise another important goal. …