Digital Commons Network^™

Shoreline Adaptation And The P U Bl I C Trust Protecting California’S Public Trust Resources From Sea Level Rise, California State Lands Commission

State & Federal Reports and Publications

The coastal shorelines managed by the State Lands Commission are impacted by climate change, upland development, and natural fluctuations in coastal processes. This report is intended to help the Commission update its leasing practices related to shoreline protection structures and management of coastal state lands and Public Trust resources.

An Empirical Study To Measuring The Impact Of Organizational Media Performance On The Relationship Between Social Media Management And Public Perception In Uae, Ayoub Y. A. Alali, Muslimin B. Wallang, Hussein M. E. Abu Al-Rejal

Journal of Statistics Applications & Probability

This studys main contribution is to deepen our understanding of the connections between social media management strategies, social media goals, the use of multiple platforms, content quality, follower interaction, scheduled publications, metrics analysis, organizational media performance, and public perception. The study looks at how social media management elements in government media organizations (such as the usage of social media tools, goals, various platforms, content quality, follower interaction, planned publication, and metrics analysis) affect the level of public perception in Dubai. Analyze the impact of social media management factors on the organizational media performance in Dubais government media organizations, as well …

Exploring Local Elected Officials' Capacity To Govern Effectively, Mario King

Dissertations

A successful local government exemplifies inclusivity, innovation, and deliberate decision-making, all advancing responsible management of taxpayers' resources. In this qualitative investigation, a phenomenological approach is employed to delve into the lived experiences of local elected officials. The aim of this study was to gain insights into the capacity of these local elected officials for success in governance. Subsequently, the insights from these local elected officials' experiences are harnessed to evaluate their influence and impact on municipal performance.

The management of municipal performance encompasses the provision of social services, the maintenance of fiscal operations, and adherence to statutory obligations (Avellaneda, 2008). …

An Examination Of The Usage Of Grants And Municipal Bonds To Fund Capital Projects For Local Governments, Collin Patrick Davis

Online Theses and Dissertations

Funding for capital projects is a vital need for local governments. This thesis compares two forms of funding, that being debt funding through municipal bonds or funding from state and federal grants. This thesis compares and contrasts these two forms of funding, looking at the economic and political risks that can come with using municipal bonds, as well as the need of resources that local governments need when it comes to securing grants. This project also looks at the case study of one such local government that needs funding for a capital project, that being the city of Richmond, Kentucky, …

Preventing Undeserved Punishment, Marah Stith Mcleod

Notre Dame Law Review

Defendants should not be punished more than they deserve. Sentencing scholars describe this precept against undeserved punishment as a consensus norm in American law and culture. Yet America faces a plague of mass incarceration, and many sanctions seem clearly undeserved, often far exceeding an offender’s culpability or the seriousness of an offense. How can a society committed to desert as a limitation on legitimate sanctions allow such undeserved punishments?

Critics argue increasingly that our focus on what offenders deserve is itself part of the problem. They claim that the notion of desert is too amorphous, malleable, and arbitrary to limit …

A Non-Categorical Approach To Free Exercise Rights, Elizabeth A. Clark

Notre Dame Law Review Reflection

The unconstitutional conditions doctrine, which holds that “the government may not deny a benefit to a person because [that person] exercises a constitutional right,” has been applied inconsistently to matters within the Free Exercise Clause and without, including entitlements to unemployment benefits, licenses to proselyte, educational benefits, and the right to run for public office.

In this Essay, I use the way the Supreme Court has applied the unconstitutional conditions doctrine and other anomalous cases, history, and comparative law to reconstruct a more nuanced Free Exercise regime, one that in many ways more closely parallels U.S. protections for speech and …

Perceptions Of The Farm Bill Among Nonmetropolitan Nebraskans, Rebecca J. Vogt, Heather Akin, Cheryl A. Burkhart-Kriesel, Bradley D. Lubben, L. J. Mcelravy, Timothy Meyer, Steven A. Schulz

Nebraska Rural Poll

The federal legislation known as the farm bill encompasses all things related to agriculture and food. This includes not only farm income safety net and conservation programs that typically come to mind when thinking about the farm bill, but also domestic food assistance programs (like SNAP), rural development (providing funding for items like broadband service, utilities, and housing programs) as well as programs that are focused on specific producers and crops. Given the variety of programs it entails, how familiar are rural Nebraskans with the farm bill and federal agricultural policy? Do rural Nebraskans support federal spending on the various …

Exploring Relationship Between Driver’S Roadway Familiarity, Distracted Driving, Reckless Driving, And Injury Severity On Work Zone Crashes, Hamza M. Bani Khalaf

ETD Archive

Motor vehicles have been an integral part of the American way of life, providing an unprecedented degree of mobility. Yet for all its advantages, motor vehicle crashes claim the lives of over 31,000 people in the United States every year, leaving more than three million injured. To prevent these crashes, the causes must be understood and addressed. This study developed a Bayesian Networks (BN) model – a model for reasoning “what-if” questions – to explore the relationship between drivers’ roadway familiarity, distracted driving, reckless driving, and crash severity at work zones. This study examined the crashes that occurred in Ohio …

The Bison, December 1, 2023

The Bison Newspapers

No abstract provided.

Re-Regulating Dietary Supplements, Jessie L. Bekker, Alex Flores, Michael S. Sinha

Journal of Food Law & Policy

In 1994, Congress introduced the Dietary Supplement Health and Education Act (DSHEA) to create a regulatory framework for the dietary supplement industry. Despite the increased market size of dietary supplements, the Food and Drug Administration’s (FDA) pre-market authority to regulate the introduction of dietary supplements into the stream of commerce has remained subdued. Under DSHEA, the FDA has limited authority to review dietary supplements before entering the market. Unlike pharmaceuticals, which must be proven safe and effective prior to approval and marketing, dietary supplements can be sold to consumers without such reassurances. We call on Congress to amend DSHEA to …

Preserving The Force: A Quality Improvement Project To Reduce The Risk Of Opioid Use Disorder In The Military, Lecreshia S. Shields

Doctor of Nursing Practice

Military service members incur combat and noncombat related injuries which may lead to acute or chronic pain. Treatment of these conditions with opioids may place them at risk for opioid use disorder (OUD). Opioid related overdoses among the military community increased by 50% from 2010 to 2019. The Sole Provider Program (SPP) is recommended to address the risks of OUD among Veterans receiving care at military installations. The goal of this evidence-based project was to ensure that all persons who receive opioid prescriptions at a military facility were evaluated for inclusion into a SPP and prescribed naloxone. Objectives included: 1) …

Judicial Diversity In Colorado: Increasing Representation Through Innovation, Monica M. Marquez Honorable, Sumi Lee

Denver Law Review

Research documents that diversity on the bench improves judicial decision-making, improves access to justice, and strengthens the rule of law. However, until 2019, no formal programs to increase judicial diversity existed within the Colorado Judicial Branch. In 2019, Colorado enacted legislation establishing an innovative, full-time judicial diversity outreach program that utilizes data and research to develop pipeline programs and amplify its impact through increased community engagement. Now, five years later, Colorado’s state court bench is more diverse than ever before. This Article discusses the development of the Judicial Diversity Program in Colorado and best practices for other states interested in …

Passing The Buck: The Perils Of Oklahoma V. Castro-Huerta, Adam Crepelle, Timothy Purdon, Brendan Johnson

Denver Law Review

The Supreme Court’s 2022 decision in Oklahoma v. Castro-Huerta upended federal Indian law by allowing states to prosecute crimes involving Indians committed in Indian country. Castro-Huerta created a concurrent jurisdiction over Indian country crimes involving non-Indians. While concurrent jurisdiction increases the number of law enforcement agents with jurisdiction, it also creates opportunities for those law enforcement agents to shirk responsibility. Neither state nor federal law enforcement is accountable to tribes, so Castro-Huerta is likely to create a pass the buck mentality among non-Indian law enforcement. Moreover, there is little to indicate expanding state authority over tribes will benefit Indians. In …

Re-Writing Precedent: An Exploration Of The Negative Impact On Native Rights In The Wake Of Oklahoma V. Castro-Huerta, Brooke Hare

Denver Law Review

The word “sovereignty” implies “freedom from external control” and is synonymous with the terms autonomy, self-determination, and independence. That is, at least, how Merriam-Webster defines the term and how the Supreme Court treated Native Americans through the careful development of over 200 years of case law. The current bench of the Supreme Court, however, had a different perception of how the relationship between federal, state, and tribal governments should function. In its decision in Oklahoma v. Castro-Huerta, the majority decided the state now has authority to prosecute crimes traditionally reserved for the federal government. This decision incorrectly frames the jurisdictional …

Vol. 101, No. 2: Full Issue, Denver Law Review

Denver Law Review

No abstract provided.

An Examination Of The Utilization Of Programming For Female Delinquency Prevention In Jamaica, Regan R. Reid

All Dissertations

Little to no academic inquiry has examined interventions targeting girls involved in the justice system in Jamaica. This qualitative study asked: (1) How do girls in conflict with the law in Jamaica experience victimization? (2) How does the justice system respond to girl offenders who have also been victims? (3) What are the needs of girls in conflict with the law in Jamaica? (4) What programs exist specifically for girls in conflict with the law? (5) How effective have existing programs been for girls in conflict with the law, and do outcomes vary across education levels and settings (i.e., rural …

El Leñador, December 2023, El Leñador Staff

El Leñador Newspaper

El Leñador is an English and Spanish newspaper produced by Humboldt State University students. Our staff cover and provide news to Latinx and other diverse communities on campus and in Humboldt County. We are committed to providing relevant news and expanding the representations and stories told about people of color and other marginalized groups. Our work helps create more social, political and cultural diversity in local media.

El Leñador es un periodico en español y inglés producido por estudiantes de la Universidad Estatal de Humboldt. Nuestro personal cubre y provee noticias a la comunidad Latinx y otras comunidades diversas en …

The Unfulfilled Promise Of Environmental Constitutionalism, Amber Polk

UC Law Journal

The political push for the adoption of state-level “green amendments” in the United States has gained significant traction in just the last couple of years. Green amendments add an environmental right to a state’s constitution. Five such amendments were made in the 1970s in Pennsylvania, Montana, Hawaii, Massachusetts, and Illinois. This Article looks in depth at the case law that has developed the contours of these constitutional environmental rights in the wake of the political revival of environmental constitutionalism in the United States. I distill two lessons from this jurisprudence. First, constitutional environmental rights are interpreted by the courts as …

"There's A New Sheriff In Town": Why Granting Qualified Immunity To Local Officials Acting Outside Their Authority Erodes Constitutional Rights And Further Deteriorates The Doctrine, Josephine Mcguire

William & Mary Bill of Rights Journal

Part I traces the history of qualified immunity and the doctrine’s analytical changes over time, detailing the twofold test as it currently stands. Part II considers Large and Sweetin, comparing the courts’ approaches to essentially similar scenarios and evaluating the differences in outcome. Part III addresses the Supreme Court’s denial of the Large plaintiffs’ petition for certiorari and explicates the “scope of authority” question the Court declined to address. Part IV breaks down the decision in Large and conducts the qualified immunity analysis anew, determining that the court misapplied the doctrine regardless of its failure to consider the scope …

Zoning And Land Use Law, Newton M. Galloway, Steven J. Jones, Joshua Williams

Mercer Law Review

Each annual survey of Georgia zoning and land use law since 2017 has chronicled judicial decisions ostensibly intended to transform legislative zoning decisions into quasi-judicial actions. These include City of Cumming v. Flowers, in which the Supreme Court of Georgia held a local government variance decision, and any other zoning or entitlement decision tightly controlled by the local ordinance, is quasi-judicial and may only be appealed by writ of certiorari, regardless of the mechanism for appeal set out in the local government’s ordinance; York v. Athens College of Ministry, Inc., in which the Court of Appeals of Georgia …

Sentencing In An Era Of Plea Bargains, Jeffrey Bellin, Jenia I. Turner

North Carolina Law Review

No abstract provided.

Auto-Jubilee: A Case For Massive Automatic Driver's License Restoration For Debtor-Suspendees, Daniel Stainkamp

North Carolina Law Review

No abstract provided.

A Public Technology Option, Hannah Bloch-Wehba

Faculty Scholarship

Private technology increasingly underpins public governance. But the state’s growing reliance on private firms to provide a variety of complex technological products and services for public purposes brings significant costs for transparency: new forms of governance are becoming less visible and less amenable to democratic control. Transparency obligations initially designed for public agencies are a poor fit for private vendors that adhere to a very different set of expectations.

Aligning the use of technology in public governance with democratic values calls for rethinking, and in some cases abandoning, the legal structures and doctrinal commitments that insulate private vendors from meaningful …

Outlawing Corporate Prosecution Deals When People Have Died, Peter Reilly

Faculty Scholarship

Two Boeing 737 MAX aircraft crashes, occurring less than five months apart in 2018 and 2019, resulted in 346 deaths—possibly the deadliest corporate crime in U.S. history. The United States Department of Justice (DOJ) used an alternative dispute resolution tool called a deferred prosecution agreement (DPA) to resolve criminal charges against Boeing and to immunize the company’s senior-level managers from prosecution. In the end, the company admitted to engaging in the criminal behavior, paid a monetary fine, and agreed to cooperate fully with the government—meaning there would be no courtroom trial, no formal adjudication of guilt, and no possibility of …

A Perfect Storm For Legal Education: Privatization, Polarization, And Pedagogy, Rachel F. Moran

Faculty Scholarship

Today, the legal profession faces new challenges to its integrity and legitimacy due to technological change, rising political polarization, and a stratified bar. In this Article, I first explore how technological innovations are undermining lawyers’ claims to a unique monopoly based on expert professionalism. These technologies are designed to transform routinized law practice in ways that improve efficiency. With little focus on attorneys’ obligations to serve the greater good, technology entrepreneurs emphasize practical advantages over traditional forms of representation. These proponents promise reduced costs and superior results through a single-minded commitment to market dynamics. Those promises in turn depend on …

Commissioners Shoot For The Moon, Citizens Land Among The Stars: The Supreme Court Of Georgia Affirms Citizen Referendum Power In Camden County V. Sweatt, J. Bailey Hotard

Mercer Law Review

Georgia citizens possess few direct democratic mechanisms to check the power of their local governments. One available tool is the referendum power proscribed by the Home Rule Provision of the Constitution of the State of Georgia. Under this provision, county and municipal citizens may petition their local governing authorities for referendum when a legislative decision is largely unpopular. Relying on originalism and textualism, the Supreme Court of Georgia interpreted the Home Rule Provision broadly in Camden County v. Sweatt, a decision than ran counter to a twenty-five-year precedent. This court’s recent interpretation of the Home Rule Provision allows citizens …

Developing A Geospatial Web Application For Transportation Geotechnical Asset Management, Ayoub Mohammadi

Civil Engineering Theses - Archive

Spatial data has become an increasingly important tool in geotechnical engineering, allowing for managing and analyzing large amounts of spatial data. In recent years, there has been a growing interest in developing applications that can be accessed by geotechnical engineers from anywhere with an internet connection. This thesis provides a comprehensive overview of the current state of the art in transportation earth structure management. It also highlights the potential benefits of these applications for geotechnical engineers, including open-source applications, database management, and user interface design. It identifies areas for future research and development. The research also discusses the various types …

Addressing Challenges Faced By Public Organizations: The Central Role Of Agility At The Federal Level During The Covid-19 Crisis, Shuktika Chatterjee

UNLV Theses, Dissertations, Professional Papers, and Capstones

This dissertation investigates the role of organizational agility in public organizations (such as the United States Federal Agencies) and demonstrates how agility works in public institutions. This study explores how organizational agility within public institutions can lead to successes and prevent failures stemming from underutilized agility, identifies the societal demographics impacted by these outcomes, and offers recommendations for effectively implementing agility to enhance efficiency and societal progress. Agility in sum, is adaptability and proactiveness. If developed and practiced by public organizations, this process can avert prominent institutional failings that impede the dispersal of services and resources that would promote social …

An Analysis Of The Impact And Effectiveness Of Human Trafficking State Laws And Policies In Missouri And Nebraska, Madeleine Mather

Theses/Capstones/Creative Projects

Human trafficking is the use of force, fraud, or coercion to use another person for sex or labor. Human trafficking is a prevalent issue within the United States that is not talked about enough. This leads to a misrepresentation of facts about human trafficking that can lead to common myths related to human trafficking. It is each state’s responsibility to develop laws and policies that protect victims and prosecute offenders justly according to the crime. This research delves into an analysis of Missouri and Nebraska state statutes to determine their effectiveness and assess the level of awareness among residents of …

Mama Knows Best: Raffensperger V. Jackson Ushers In A New Framework For Professional Licensing Challenges And Recognizes A Right To Work For Lactation Providers Under The Georgia Constitution’S Due Process Clause, A. Tyler Kelly

Mercer Law Review

“State constitutionalism . . . is . . . vital yet underdeveloped[.]” The right to pursue one’s chosen profession free from unreasonable government interference is inherent in the Georgia Constitution’s Due Process Clause, and a recognition of such economic liberty reappears throughout the jurisprudence of the Supreme Court of Georgia. With the passage of the Patient Protection and Affordable Care Act (ACA) in 2010, the federal government delegated to the states the responsibility of navigating new policy which led insurance companies to reimburse a host of medical services from licensed professionals. At the time of the ACA’s passage, Georgia faced …