Law Commons^™

The War On Terror, How The Strategies Used By The United States Against Islamic Extremism Have Been Ineffective, Hein Paing

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The purpose of this thesis is to investigate the ineffective strategies used by the United States and coalition forces in the fight against Islamic extremist terrorism. The continuation of terrorist groups acting in the name of Islam begs the question as to just how well have these strategies worked, and what further measures must be taken in order to quell the existence of these organizations? This will be done through the examination of tactics such as the deployment of troops, bombardments from airstrikes, and the restrictive rules of engagements. When explored thoroughly, it will be easier to ascertain exactly why …

Preventing Contagion And Protecting Civil Liberties: Problems In Quarantine & Isolation Law In The United States & Suggestions For Reform, Roni Adil Elias

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Dealing with catastrophic outbreaks of communicable disease will likely be one of the greatest challenges facing state and federal governments in the United States in the twenty-first century. In the last fifteen years, policymakers have become increasingly sensitive to the prospect of bioterrorism acts involving contagious diseases and the threat of rapid international transmission of diseases ranging from influenza to Ebola. The danger to public health posed by disease outbreak—and the danger to social order that would follow a disease outbreak—make it clear that any risk of a rapidly spreading, communicable disease would have to be met with swift and …

The Legislative History Of The Administrative Procedure Act, Roni A. Elias

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During the twentieth century, one of the most important developments in American government and politics was the expanding power of administrative agencies of all kinds. The enactment of the Administrative Procedure Act (“APA”) of 1946 was the crucial event in the course of this expansion. The APA was the culmination of long-term efforts to regulate the decision-making of administrative agencies, and it reflected a significant political compromise. This paper traces the outlines of that reflection. In Part I, it reviews the political background leading up to the proposal of the legislation in the 79th Congress that became the APA. In …

Sinclair's Nightmare: Slapp-Ing Down Ag-Gag Legislation As Content-Based Restrictions Chilling Protected Free Speech, Jeffrey Vizcaino

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Over a century after its publication, Upton Sinclair’s 1906 novel, The Jungle, remains one of the most impactful pieces of investigative literature ever published. During 1904, in an effort to expose the heinous working conditions of Chicago’s meat packing industry, Sinclair went under disguise as a factory worker for seven weeks. While Sinclair’s purpose for The Jungle was to propel federal reform against inhumane work conditions, it was the first-hand depiction of the callous slaughtering and unsanitary processing of meat products which led to national uproar. Gaining the attention of national political leaders, including President Theodore Roosevelt, The Jungle …

Of Life And Limb: The Failure Of Florida's Water Quality Criteria To Test For Vibrio Vulnificus In Coastal Waters And The Need For Enhanced Criteria, Regulation, And Notification To Protect Public Health, Felicia Thomas

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The nefarious duo of warming oceans and rising sea levels has created a menacing yet lesser-known climate change-induced problem: an increase in sea-borne diseases. For most, the biggest concern when diving into the ocean is a possible, though exceedingly rare, shark encounter; however, it is the unexpected, unseen risk of Vibrio vulnificus that poses the greater danger. Part I of this paper discusses Vibrio vulnificus cases along the coasts of Florida, examining both the illnesses that were contracted through exposure of open wounds to seawater and those contracted through the consumption of raw oysters from the Gulf Coast. Part II …

A Shift In The Wind: Siting More Wind Power Projects Along Texas' 367-Mile Coast Of Gulf Winds, And Mitigating Potential Risk To Migratory Bird Populations, Oscar Burkholder

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Wind farm development in Texas is surging, making wind power Texas’ hottest energy prospect. Texas currently produces more wind power than any other state by a significant margin, and it keeps blowing through major milestones almost every year. Part II of this paper discusses the relationship between Texas and wind energy, examining the success of onshore wind energy in Texas, the uncertainty and challenges of offshore wind energy in the Gulf of Mexico, and possible room for improvement in Texas’ onshore wind farms. Part III analyzes Texas’ current legal framework, evaluating key federal involvement within Texas’ wind energy industry, and …

How The Public Trust Doctrine's Fiduciary Duty Requirement Requires States' Proactive Response To Promote Offshore Power Generation, Andrew S. Ballentine

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As the earth continues to warm and the impacts of that warming trend loom larger, the question becomes whether and to what degree do governments have responsibility to respond to that threat. The potential range of threats and impacts from climate change vary greatly and governments’ ability to respond, effectively and efficiently, exceeds that of the individual and therefore must fall on the greater collection of individuals. In the United States, one way that the collection of individuals is represented, albeit with limitations, is by the government that operates for the collective public good. This Article focuses on what responsibility …

Experience, Not Logic: Adapting Spoliation Doctrine To The Brave New World Of Digital Documents, Roni A. Elias

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The adversarial system requires full discovery as an essential element of a fair and accurate litigation process. Not surprisingly, spoliation—the destruction of evidence with a culpable state of mind—is an anathema to the most fundamental principles governing litigation procedure and in turn may warrant harsh sanctions.

The doctrines governing how courts respond to spoliation are well established. But these venerable rules were mostly devised for a discovery process that involved the production of paper documents. The information revolution that accompanied the dramatic expansion of computers to produce and store every kind of document forever transformed the discovery process. As computer …

The Ultimate Intrusion On Freedom: A Look At The Federal Circuit's Differing Interpretations On Handcuffing In Custodial Determinations For Miranda Rights, Renee Bissonnette

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No abstract provided.

Untangling The Branches: An Analysis Of Congressional Standing In The Wake Of United States V. Windsor, Peter Wojcik

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No abstract provided.

The Right To Education: Reconciling Teacher Tenure And The Current State Of Public Education, Michael J. Dejianne

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No abstract provided.

Truthful Testimony As The "Quintessential Example Of Speech Of A Citizen" Why Lane V. Franks Lays The Groundwork For Protecting Public Employee Truthful Testimony, Lemay Diaz

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No abstract provided.

Letting Go: Ncaa Reform As An Alternative To The Unionization Of College Athletes, Kevin Demaio

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No abstract provided.

Extending The Implications Of Myriad To Ambry –The New Interpretation Of Section 101, Micah O’Keefe

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No abstract provided.

Whistling Upon Deaf Ears: Dodd-Frank Whistleblower Protection Of Internal Disclosures, Louis J. Johnson

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No abstract provided.

Evaluating The Standards Of Family Medical Leave Act Claims, Kaitlyn Williamson

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No abstract provided.

Pay-To-Play: Mccutcheon V. Fec's Robust Effect On Federal And State Contractor Contribution Regulations, Tyler C. Stearns

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No abstract provided.

The Rise Of Human Trafficking In Central America, Iris Ventura

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No abstract provided.

Americans Have A Right To Be Forgotten, Giovanna Giampa

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No abstract provided.

Transparency And Efficiency To Yes: Support Of The Application Of Principled Evaluative Mediation In Property Holdout Situations, Dennis A. Durkin, Jr.

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No abstract provided.

Everyone Agreed On Something: How New Jersey's Teaching Act Puts Testing Before Students, And Firing Before Teaching, Daniel T. Paxton

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No abstract provided.

Deferring Clarity: Qualified Immunity Of Federal Officials From Suits Filed By American Citizens Alleging Torture, Chelsea Anne Perdue

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No abstract provided.

The Impact Of Apprendi, Ring And The Change In Cultural Attitude On Death Penalty Sentencing And Alabama's Judicial Override System, Cassandra Jahnke

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No abstract provided.

Fundamental Issues In The Appellate Standard Of Review Of Patent Claim Construction And Why The Issues Is Moot In Practice, Benjamin M. Cappel

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No abstract provided.

“An Anesthesiologist, A Brain Surgeon And A Nurse Walk Into A Bar . . . ”: A Call For Change In How America Handles Health Care Worker Substance Abuse, Angelica Halat

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No abstract provided.

Liberating User-Generated Content From The Garden Of The Faithful: - An Examination Of The Youtube Ban In Three Developing Constitutional Regimes In Asia, Omer Waqas Khwaja

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No abstract provided.

Loos Is Lost: Loss Causation Under Federal Securities Laws After Loos V. Immersion Corp, Jordan Levine

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No abstract provided.

How The Law Fails Single Mothers, John Barone

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No abstract provided.

National Security Agency & The 4th Amendment, James C. Dezao

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No abstract provided.

Constitutional Secession, Christopher Cochran

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No abstract provided.