Law Commons^™

Don't Write Off The Reagan Social Agenda, Neal Devins

Neal E. Devins

No abstract provided.

Citizen Chávez: The State, Social Movements, And Publics, Anthony Peter Spanakos

Anthony Spanakos

Scholars are divided over whether the emancipatory politics promised by new social movements can be attained within civil society or whether seizure of the state apparatus is necessary. The Bolivarian Revolution led by President Hugo Chávez presents a crucial case for examining this question. Chávez’s use of the state apparatus has been fundamental in broadening the concept of citizenship, but this extension of citizenship has occurred alongside the deliberate exclusion of others. This has not only limited its appeal as a citizenship project but created counterpublics that challenge the functioning of the government and its very legitimacy. Analysis of Bolivarianism …

In Pursuit Of Equity: Women, Men, And The Quest For Economic Citizenship In 20th-Century America (Book Review), Catherine L. Fisk

Catherine Fisk

Book review of Alice Kessler-Harris' In Pursuit of Equity: Women, Men and the Quest for Economic Citizenship in 20th-Century America

The Origins Of Shared Intuitions Of Justice, Owen D. Jones, Paul H. Robinson, Robert Kurzban

Owen Jones

Contrary to the common wisdom among criminal law scholars, empirical evidence reveals that people's intuitions of justice are often specific, nuanced, and widely shared. Indeed, with regard to the core harms and evils to which criminal law addresses itself-physical aggression, takings without consent, and deception in transactions-the shared intuitions are stunningly consistent across cultures as well as demographics. It is puzzling that judgments of moral blameworthiness, which seem so complex and subjective, reflect such a remarkable consensus. What could explain this striking result?

The authors theorize that one explanation may be an evolved predisposition toward these shared intuitions of justice, …

Inside The Border, Outside The Law: Undocumented Immigrants And The Fourth Amendment, D. Carolina Nuñez

D. Carolina Núñez

As states enact immigration-related laws requiring local law enforcement officers to identify and detain undocumented immigrants, the Fourth Amendment rights of aliens are becoming critically important. In United States v. Verdugo-Urquidez, a divided Supreme Court suggested that aliens in the United States do not have Fourth Amendment rights unless they have established "substantial connections" to the United States. Lower courts have relied on Verdugo's holding to categorically deny Fourth Amendment rights to certain classes of undocumented immigrants. Commentators have criticized the "substantial connections" test as an isolated misinterpretation of Court precedent regarding the rights of aliens within the United States. …

Workers, Families, And Immigration Policies, Shannon Gleeson

Shannon Gleeson

[Excerpt] Unauthorized immigration to the US has a long and varied history shaped by a number of shifts in immigration policy. Of the global immigrant stock, 10–15 % is estimated to be undocumented (20–30 million; International Organization for Migration 2008). Today, undocumented immigrants comprise roughly 40 % of the immigrant flow to the US. Although immigrants often come to this country as a result of complex factors that were initiated or supported by the US—including free trade agreements and wars that devastated immigrants’ home countries and their national economies—once they become unauthorized, they find themselves in extremely vulnerable positions. Besides …

Health And Safety Overregulation, Michael Lewyn

Michael E Lewyn

Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan

Donald J. Kochan

All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek

Alev Dudek

Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova

Saule T. Omarova

The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of …

The Smart Cities Movement And Advancing The International Battle To Eliminate Homelessness - Barcelona As Test Case, John Travis Marshall, Jessica Venegas

John Travis Marshall

Barcelona is a leader in the smart cities movement, a movement that aims to help cities deliver services to citizens more efficiently and economically as a way of making the city a more inviting and inclusive place to live and work. As with any city committed to forward-looking economic, social, and urban development initiatives, it is important to consider whether ambitious goals to reinvent the city include an agenda to solve the persistent problems that have faced major cities for decades, including affordable housing and caring for roofless or homeless men and women. This article ties together the challenges Barcelona …

Affordable Housing For Sustainable Cities: A North American Perspective, Detroit Metropolitan Area And Montreal (Quebec), Courtney Lauren Anderson, Maryse Grandbois

Courtney L Anderson

Housing is an integral part to elevating and maintaining a quality of life to ensure a healthy and productive citizenship. The overwhelming number of citizens in Montreal and the United States who are unable to find housing that is less than 33% of their income stifles that economic progression of individuals and the society in which these individuals live. The ability for cities to dictate their own plans for creating and maintaining affordable housing without mandates from the federal vacillates among the various levels of government with each level having certain positive and negative elements. Although city autonomy can provide …

Workshop | Body Worn Video Recorders: The Socio-Technical Implications Of Gathering Direct Evidence, Katina Michael, Alexander Hayes

Alexander Hayes Mr.

- From in-car video recording to body-worn video recording

- Exploring available technologies: how do they work, pros and cons

- Storing direct evidence in secure storage: factors to consider

- Citizens “shooting” back with POV tech – what are their rights?

- Crowdsourced sousveillance- harnessing public data for forensic profiling

- Police force policies and practices on the application of new media

Global Trade Impacts: Addressing The Health, Social And Environmental Consequences Of Moving International Freight Through Our Communities, Martha Matsuoka, Andrea Hricko, Robert Gottlieb, Juan Delara

Martha Matsuoka

As ports and goods movement activity expands throughout the United States, a major challenge is how to make the adverse impacts of freight transportation a more central part of economic development, policy and planning discussions and transportation decision making. In 2009, faculty and staff from the Urban & Environmental Policy Institute of Occidental College and from the environmental health sciences and regional equity programs of the University of Southern California (USC) began a study of this evolving global trade and freight transportation system, focusing on areas in the United States where the system is expanding and where community, labor and …

Invisible No More: Domestic Workers Organizing In Massachusetts And Beyond, Natalicia Tracy, Tim Sieber, Susan Moir Scd

Tim Sieber

Domestic workers across the country are making it clear that, even in a difficult political environment, it is possible to make gains for low-wage workers. For the first time in many, many decades, domestic workers are finding ways to win. They are creat
ing policy change that will improve the lives of hundreds of thousands of workers in tangible and substantial ways. The 2014 Massachusetts Domestic Workers’ Bill of Rights is the most expansive codification of rights for this long-overlooked part of the labor force ever to be enacted. In one sense, there is nothing new about domestic workers organizing …

Human Rights, Women, And Third World Development, Winston E. Langley

Winston E. Langley

As part of the effort to inaugurate a new international socio-political order after World War II, international emphasis was given to certain moral and legal entitlements we have come to call human rights. That emphasis initially found its most forceful expression in the Charter of the United Nations, which not only asserts its members' faith in fundamental human rights, in the dignity and worth of the human person, as well as in the equal rights of men and women of all nations, but also recites its members' commitment to employ international machinery for the promotion of the social and economic …

Book Review: Policing And The Poetics Of Everyday Life., Rodger E. Broome Phd

Rodger E. Broome

Policing and the poetics of everyday life. Chicago: University of Illinois Press, 2008. 256 pp. ISBN 978-0-252-03371-1 (cloth). $42.00. Policing and the Poetics of Everyday Life is a hermeneutical-aesthetic analysis within a human scientific approach of modern policing in the United States. It is an important study of police-citizen encounters informed by hermeneutic aesthetic thought and the author’s professional experience as a veteran with a Seattle area police department in Washington, USA.

Shelter Poverty: Housing Affordability Among Asian Americans, Michael E. Stone

Michael E. Stone

Relatively little research has been conducted that focuses on the housing situation of Asian and Pacific Islander Americans (hereafter generally referred to as Asian Americans), especially on the national level. From a review of about 30 articles and reports over the past decade that examine racial/ethnic housing situations nationally, only one specifically addressed housing problems of Asian Americans (Hansen, 1986) while two others included Asian Americans along with other populations of color. Of the remaining articles, most used the terms race, racial discrimination, or segregation in their titles, yet did not include Asian Americans in the studies. Of particular note, …

Shelter Poverty In Boston: Problem And Program, Michael E. Stone

Michael E. Stone

This paper argues, first, that most housing problems—in Boston and throughout the nation—are ultimately the result of the squeeze between inadequate incomes, on the one hand, and the cost of profitably providing housing on the other. It is also argued that housing cost and incomes together are the most decisive determinants of the overall quality of life of families and communities. Third, it is contended that the long history of inadequate attempts to cope with the affordabiiity problem have not only failed to solve the problem, but have indeed contributed significantly to the broader and serious problems of the overall …

The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan

Donald J. Kochan

Wie Featured Person Of The Month Highlights (Katina Michael), Keyana Tenant, Katina Michael

Professor Katina Michael

The WIE Featured Person of the Month is Katina Michael, editor-in-chief of IEEE Technology and Society Magazine. After working at OTIS Elevator Company and Andersen Consulting, Katina was offered and exciting graduate engineering position at Nortel in 1996; and her career has been fast track from there. Read Katina’s story on Page 7.

Natural Disasters And Early Warning Systems In Australia, Emma Papaemanuel, Katina Michael, Peter Johnston

Professor Katina Michael

Australia's national emergency warning system alerts. Radio program in Greek.

Are Disaster Early Warnings Effective?, Kerri Worthington, Katina Michael, Peter Johnson, Paul Barnes

Professor Katina Michael

Australia's summer is traditionally a time of heightened preparation for natural disasters, with cyclones and floods menacing the north and bushfires a constant threat in the south. And the prospect of more frequent, and more intense, disasters thanks to climate change has brought the need for an effective early warning system to the forefront of policy-making. Technological advances and improved telecommunication systems have raised expectations that warning of disasters will come early enough to keep people safe. But are those expectations too high? Kerri Worthington reports. Increasingly, the world's governments -- and their citizens -- rely on technology-based early warning …

Concern People Without Latest Technology Will Miss Fire Warnings, Sally Sara, Ashley Hall, Peter Johnson, Katina Michael

Professor Katina Michael

But what if the website goes down in the way Victoria's Country Fire Authority website crashed as fires raged a few weeks ago? What about those people who don't own the latest technology? And what happens when the power goes out?

KATINA MICHAEL: Well there's no television, there isn't ability to access the internet potentially.

ASHLEY HALL: Professor Katina Michael is Associate Professor at the School of Information Systems and Technology at the University of Wollongong.

KATINA MICHAEL: I would suggest a long lasting powered radio because we don't want is we don't want when the lights go out, or …

Location And Tracking Of Mobile Devices: Überveillance Stalks The Streets, Katina Michael, Roger Clarke

Professor Katina Michael

During the last decade, location-tracking and monitoring applications have proliferated, in mobile cellular and wireless data networks, and through self-reporting by applications running in smartphones that are equipped with onboard global positioning system (GPS) chipsets. It is now possible to locate a smartphone-user's location not merely to a cell, but to a small area within it. Innovators have been quick to capitalise on these location-based technologies for commercial purposes, and have gained access to a great deal of sensitive personal data in the process. In addition, law enforcement utilise these technologies, can do so inexpensively and hence can track many …

Towards A Conceptual Model Of User Acceptance Of Location-Based Emergency Services, Anas Aloudat, Katina Michael

Professor Katina Michael

This paper investigates the introduction of location-based services by government as part of an all-hazards approach to modern emergency management solutions. Its main contribution is in exploring the determinants of an individual’s acceptance or rejection of location services. The authors put forward a conceptual model to better predict why an individual would accept or reject such services, especially with respect to emergencies. While it may be posited by government agencies that individuals would unanimously wish to accept life-saving and life-sustaining location services for their well-being, this view remains untested. The theorised determinants include: visibility of the service solution, perceived service …

The Future Prospects Of Embedded Microchips In Humans As Unique Identifiers: The Risks Versus The Rewards, Katina Michael, M.G. Michael

Professor Katina Michael

Microchip implants for humans are not new. Placing heart pacemakers in humans for prosthesis is now considered a straightforward procedure. In more recent times we have begun to use brain pacemakers for therapeutic purposes to combat illnesses such as epilepsy, Parkinson’s Disease, and severe depression. Microchips are even being placed inside prosthetic knees and hips during restorative procedures to help in the gathering of post-operative analytics that can aid rehabilitation further. While medical innovations that utilise microchips abound, over the last decade we have begun to see the potential use of microchip implants for non-medical devices in humans, namely for …

An Estate Dilemma - Inaccessible Assets Hiding Behind Passwords And Encryption, Douglas J. Henderson

DOUGLAS J HENDERSON

Every person living in the modern world holds valuable assets, data, or information in digital mediums. Digital mediums include not only digital hardware storage mediums in personal possession (like external hard drives and internal hard drives within laptop and desktop computers, personal digital assistants, cell phones, and the like), but also those only accessible through a network. Because so much is held in digital mediums, when an individual dies or becomes incapacitated, another person must know how to access the incapacitated person’s digital assets and other important information (this person is known herein as the ‘Responsible Party’). There are potential …

Privacy- The Times They Are A-Changin', M.G. Michael, Katina Michael

Professor Katina Michael

This special section is dedicated to privacy in the information age. Since the rise of mobile social media in particular and the advent of cloud computing few can dispute that the times have changed. Privacy is now understood in context, and within a framework that is completely different to what it once was. The right to be let alone physically seemingly has been replaced by the right to give away as much information as you want virtually. What safeguards can be introduced into such a society? We cannot claim to wish for privacy as a right if we ourselves do …

Interative Discussion Leader (Idt) @ Futuregov Forum Queensland On The Theme Of "Mobile Government", Katina Michael, Erica Fensom

Professor Katina Michael

Mobile Government Briefing: Provide services anywhere any time: - Transact to enable in-field data collection, request processing, order management, approvals, edits, updates and execute actions. - What are the implications for the incorporation of rich multimedia content on devices to better serve staff and citizens? - Addressing the security challenges of various risks around data access, data transmission, and data storage for BI architecture and mobile devices