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Articles 1 - 25 of 25
Full-Text Articles in Law
Evaluation Of Immigration And Citizenship Program (Icp), Wen Feng Yip
Evaluation Of Immigration And Citizenship Program (Icp), Wen Feng Yip
Master's Projects
There are many non-profit organizations which provide immigration and other legal services to immigrants in Santa Clara County. However, the capacity of legal services providers and their partners still face daunting challenges when trying to meet an overwhelming need that contrasts with limited resources (McAllister, 2015). Under these circumstances, the quality and effectiveness of immigration legal service providers in delivering their services is a subject of concern for immigrant groups. Community-based organizations are best suited to help immigrants with the legalization process (Cordero-Guzman, 2005) and their integration into the economic, political, and social mainstream in the long run.
The Immigration …
Protecting And Maintaining Silicon Valley’S Liquid Gold, Paul Mark Fulcher
Protecting And Maintaining Silicon Valley’S Liquid Gold, Paul Mark Fulcher
Master's Projects
Public sector leaders and decision makers in the California water industry have learned from previous severe drought conditions that to sustain water supplies during extremely dry seasons, there is a substantial need for behavioral changes associated with water conservation efforts among the businesses and residents of the community to maintain an adequate water supply. The intent of this study is to compare four California water agencies that have been designated as sustainable groundwater agencies (GSA), and determine what current programs and/or practices those agencies are using to meet the mandated requirements of the Sustainable Groundwater Management Act of 2014 (Act …
The Geopolitics Of Rare Earth Elements: Emerging Challenge For U.S. National Security And Economics, Bert Chapman
The Geopolitics Of Rare Earth Elements: Emerging Challenge For U.S. National Security And Economics, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Rare earth elements (REE) contain unique chemical and physical properties such as lanthanum, are found in small concentrations, need extensive precise processes to separate, and are critical components of modern technologies such as laser guidance systems, personal electronics such as IPhones, satellites, and military weapons systems as varied as Virginia-class fast attack submarines, DDG- 51 Aegis destroyers, the F-35 Joint Strike Fighter, and precision guided munitions. The U.S. has some rare earth resources, but is heavily dependent on access to them from countries as varied as Afghanistan, Bolivia, and China. Losing access to these resources would have significant adverse economic, …
Expansibility And Army Intelligence, Rose P. Keravuori
Expansibility And Army Intelligence, Rose P. Keravuori
The US Army War College Quarterly: Parameters
This article provides insights valuable to transitioning America’s military intelligence resources from counterinsurgency operations to the force necessary for responding to a near-peer competitor in a major war.
Making Peace: Next Steps In Colombia, Seth Cantey, Ricardo Correa
Making Peace: Next Steps In Colombia, Seth Cantey, Ricardo Correa
The US Army War College Quarterly: Parameters
After a brief history of the longest-running insurgency in the Western Hemisphere, this article contextualizes recent developments in the transition of the Revolutionary Armed Forces of Colombia (FARC) to legal politics in Colombia. The authors also provide policy recommendations for the US Department of Defense.
Expansibility And Army Special Operations Forces, Eric P. Shwedo
Expansibility And Army Special Operations Forces, Eric P. Shwedo
The US Army War College Quarterly: Parameters
This article examines how Army Special Operations might prepare to expand in the event of a major war by resolving impediments to growth, improving recall procedures, and developing plans to expand training capacities.
Lessons Unlearned: Army Transformation And Low-Intensity Conflict, Pat Proctor
Lessons Unlearned: Army Transformation And Low-Intensity Conflict, Pat Proctor
The US Army War College Quarterly: Parameters
This article examines the US Army’s experiences and lessons learned during military interventions in Bosnia and Herzegovina and Kosovo. It explores why these lessons did not affect the Army transformation, directed in the late-1990s by James M. Dubik, John W. Hendrix, John N. Abrams, and Eric K. Shinseki.
The Belarus Factor In European Security, Alexander Lanoszka
The Belarus Factor In European Security, Alexander Lanoszka
The US Army War College Quarterly: Parameters
This article challenges strategists to reconsider longheld assumptions associated with the alliance between Belarus and Russia when planning military support for the Baltic states.
Navigating The Third Offset Strategy, Damon V. Coletta
Navigating The Third Offset Strategy, Damon V. Coletta
The US Army War College Quarterly: Parameters
This article suggests adding a “craftsman” at lower ranks to steer private-sector projects through the Third Offset Strategy. This strategy was established by experienced leadership at the Pentagon to increase military acquisitions of automation and artificial intelligence technology.
Deterrence & Security Assistance: The South China Sea, Tommy Ross
Deterrence & Security Assistance: The South China Sea, Tommy Ross
The US Army War College Quarterly: Parameters
This article identifies how the United States can apply security assistance to support regional security in the South China Sea in order to counter China’s assertive expansion strategy.
Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitashi Mayer
Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitashi Mayer
Lloyd Hitoshi Mayer
The breadth of activities and organizational forms among religious organizations rivals that of nonprofits generally, and religious organizations are vulnerable to the same types of problems that justify state regulation and oversight of nonprofits. Such problems include excessive compensation, improper benefits for board members and other insiders, misleading or fraudulent fundraising, employment discrimination, unsafe working conditions, consumer fraud, improper debt collection, and many others. Religious organizations are different, however, in that under federal and state law they enjoy unique protections from state regulation. This paper describes how such federal and state protections limit state regulation of religious organizations under current …
Utilizing Title Vi As A Means To Eradicate Health Discrimination, Adrian D. Samuels, Mariah L. Cole
Utilizing Title Vi As A Means To Eradicate Health Discrimination, Adrian D. Samuels, Mariah L. Cole
Journal of Health Disparities Research and Practice
Health disparities among people of color are persistent and detrimental to the overall wellness of these groups. Discrimination in the provision of health care services is one of the primary causes of health disparities. Title VI of the Civil Rights Act of 1964’s availability as a tool to prevent discrimination and, in turn, disparities among these groups is underdocumented. The legislative intent of Title VI and the historical context of the law have been helpful in its use outside of the health care arena to prevent discrimination. This sheds light on the ways that the law can influence the health …
The Use And Reliability Of Federal Nature Of Suit Codes, Christina L. Boyd, David A. Hoffman
The Use And Reliability Of Federal Nature Of Suit Codes, Christina L. Boyd, David A. Hoffman
All Faculty Scholarship
When filing a civil case in a federal district court, attorneys must identify one, and only one, of ninety issue area nature of suit (NOS) codes that best describes their case. While this may seem like a trivial moment in litigation, the selection of this single descriptor has significant implications for court statistics, empirical research findings, and the allocation of resources to federal courts, including judgeships. Despite the import of NOS codes, there is little within the process of choosing them to guarantee reliability in the selected NOS codes. To assess how reliable NOS codes are, we examine a database …
Regulating By Robot: Administrative Decision Making In The Machine-Learning Era, Cary Coglianese, David Lehr
Regulating By Robot: Administrative Decision Making In The Machine-Learning Era, Cary Coglianese, David Lehr
All Faculty Scholarship
Machine-learning algorithms are transforming large segments of the economy, underlying everything from product marketing by online retailers to personalized search engines, and from advanced medical imaging to the software in self-driving cars. As machine learning’s use has expanded across all facets of society, anxiety has emerged about the intrusion of algorithmic machines into facets of life previously dependent on human judgment. Alarm bells sounding over the diffusion of artificial intelligence throughout the private sector only portend greater anxiety about digital robots replacing humans in the governmental sphere. A few administrative agencies have already begun to adopt this technology, while others …
Aftermath Of An Officer Involved Shooting: Formal Education, Continuing Education, And Responsibility, Pat Nelson, Thor Dahle, Colleen Clarke, Tamara Wilkins, Susan Burum, Bruce Biggs
Aftermath Of An Officer Involved Shooting: Formal Education, Continuing Education, And Responsibility, Pat Nelson, Thor Dahle, Colleen Clarke, Tamara Wilkins, Susan Burum, Bruce Biggs
Criminal Justice Department Publications
This is a policy review presentation that shows there are areas for improvement and recommendations to implement in the professional and academic sides of law enforcement using the lens of a current officer involved shooting that generated a lot of publicity. The recommendations would require a partnership between formal education providers, continuing education providers and practitioners.
Dictation And Delegation In Securities Regulation, Usha Rodrigues
Dictation And Delegation In Securities Regulation, Usha Rodrigues
Indiana Law Journal
When Congress undertakes major financial reform, either it dictates the precise con-tours of the law itself or it delegates the bulk of the rule making to an administrative agency. This choice has critical consequences. Making the law self-executing in federal legislation is swift, not subject to administrative tinkering, and less vulnerable than rule making to judicial second-guessing. Agency action is, in contrast, deliberate, subject to ongoing bureaucratic fiddling, and more vulnerable than statutes to judicial challenge.
This Article offers the first empirical analysis of the extent of congressional delegation in securities law from 1970 to the present day, examining nine …
A Taxonomy Of Independent Electoral Reapportionment Systems, James Ruley
A Taxonomy Of Independent Electoral Reapportionment Systems, James Ruley
Indiana Journal of Constitutional Design
This paper addresses a means of checking legislative gerrymandering, which I have called the Independent Electoral Reapportionment Commission (IERC). Its purpose is to prevent self-interested politicians from drawing biased constituency lines. While scholars have researched gerrymandering, few scholars have researched commissions designed to limit such gerrymandering, and no comprehensive work details the global means of accomplishing this goal.
Thus, the purpose of this paper is not to normatively prescribe the best practices for composing and empowering an IERC, but rather to descriptively show how different countries conduct this process. While Part II makes some determinations about which commissions may conceptually …
Strict Liability's Criminogenic Effect, Paul H. Robinson
Strict Liability's Criminogenic Effect, Paul H. Robinson
All Faculty Scholarship
It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar arguments support the use of criminal liability for regulatory offenses. Greater punishment rates suggest greater compliance.
But this analysis fails …
Understanding Judiciary Interpretation Of A Qualified Disability Post-Ada Amendments, Daniel Frank Hallman
Understanding Judiciary Interpretation Of A Qualified Disability Post-Ada Amendments, Daniel Frank Hallman
Walden Dissertations and Doctoral Studies
In 1990, the Americans with Disability Act (ADA) was enacted to support disabled Americans as they sought to procure equality in society and the workplace. Despite these intentions, full implementation of the ADA has been fraught with court challenges and legislative amendments. As it currently stands, it is unclear as to how the judicial system is collectively interpreting a qualified disability. Using Clark and Connolly's interpretation of legal textualism as the theoretical foundation, the purpose of this case study of the Americans with Disabilities Act was to better understand and explore how the judiciary is currently interpreting qualified disability post-ADA …
An Alignment Between The Choosing The Best Life Curriculum And Title V Program Guidelines, Charletta Hope Barringer-Brown
An Alignment Between The Choosing The Best Life Curriculum And Title V Program Guidelines, Charletta Hope Barringer-Brown
Walden Dissertations and Doctoral Studies
The research problem in this study addressed the lack of evaluation criteria used to assess the LIFE curriculum's alignment with the A-H guidelines of the federally funded Title V abstinence education program. These A-H guidelines have existed for almost two decades but no evaluation has been done that measured the degree of alignment between a specific curriculum and the federal A-H guidelines. Using Lewis' theory of the culture of poverty as the foundation, the purpose of this qualitative study that used a constant comparison analysis was to evaluate the level of alignment of the LIFE curriculum with each of the …
Ua12/8 Annual Campus Safety & Security Report, Wku Police
Ua12/8 Annual Campus Safety & Security Report, Wku Police
WKU Archives Records
A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.
Root Cause Analysis: A Tool To Promote Officer Safety And Reduce Officer Involved Shootings Over Time, John Hollway, Calvin Lee, Sean Smoot
Root Cause Analysis: A Tool To Promote Officer Safety And Reduce Officer Involved Shootings Over Time, John Hollway, Calvin Lee, Sean Smoot
All Faculty Scholarship
This Article proposes the use of Root Cause Analysis (RCA) as a tool for reducing or preventing officer-involved shootings (OIS). RCA is a method of problem solving designed to identify core underlying factors that contributed to generate an undesirable outcome, organizational accident, or adverse event. Once these core underlying causative factors have been identified, participants in the system can fashion remedies that will prevent future occurrences of similar undesirable outcomes. RCA is part of a prospective, non-blaming “systems approach” to preventing error in complex human systems that has been successfully used to reduce errors in aviation, healthcare, manufacturing, nuclear power, …
Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang
Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang
All Faculty Scholarship
In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for …
From Treaties To International Commitments: The Changing Landscape Of Foreign Relations Law, Jean Galbraith
From Treaties To International Commitments: The Changing Landscape Of Foreign Relations Law, Jean Galbraith
All Faculty Scholarship
Sometimes the United States makes international commitments in the manner set forth in the Treaty Clause. But far more often it uses congressional-executive agreements, sole executive agreements, and soft law commitments. Foreign relations law scholars typically approach these other processes from the perspective of constitutional law, seeking to determine the extent to which they are constitutionally permissible. In contrast, this Article situates the myriad ways in which the United States enters into international commitments as the product not only of constitutional law, but also of international law and administrative law. Drawing on all three strands of law provides a rich …
The Emptiness Of Decisional Limits: Reconceiving Presidential Control Of The Administrative State, Cary Coglianese
The Emptiness Of Decisional Limits: Reconceiving Presidential Control Of The Administrative State, Cary Coglianese
All Faculty Scholarship
The heads of administrative agencies exercise authority delegated directly to them through legislation. To what extent, then, may presidents lawfully direct these agency heads to carry out presidential priorities? A prevailing view in administrative law holds that, although presidents may seek to shape and oversee the work of agency officials, they cannot make decisions for those officials. Yet this approach of imposing a decisional limit on presidential control of the administrative state in reality fails to provide any meaningful constraint on presidential power and actually risks exacerbating the politicization of constitutional law. A decisional limit presents these problems because the …