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The Unintended Consequences of Proposition 47
Get PDFProposition 47 downgraded many non-serious and non-violent property and drug crimes from felony crimes to misdemeanors. As a result offenders are getting cited for certain crimes and being released. Proposition 47 was developed with intended goals and consequences. Since the passing of Proposition 47, it has also created some unintended consequences. A literature review provides a summary of scholarly data on Proposition 47 and a review of themes associated with Proposition 47. Data was collected from an Anonymous Northern California Police Department, including key informant interviews, and a peace officer survey. A community survey questionnaire was also distributed to collect data from local residents of the Anonymous City. The city name is to remain anonymous to protect the identity of the Police Department involved in the research. The research data focuses on property crimes in an Anonymous Northern California City before and after the passing of Proposition 47. The results of this study may help the City of Anonymous including local law enforcement, the community, and public officials. This study will attempt to determine if Proposition 47 is working as intended to in the City of Anonymous
CAN THE DEFENSE MAN POWER DATA CENTER RETAIN EMPLOYEES IN COMPETITION WITH THE CURRENT SANTA CLARA JOB MARKET
Get PDFSilicon Valley is the touted as one of the technology capitals of the world. To the people who actually live here, it is better known as Santa Clara County. Home to Apple, Facebook, CISCO, HP and Google just to name a few. This Santa Clara county alone boasts the third highest GDP per capita in the world at $77,440 only following Zurich, Switzerland and Oslo, Norway (MNM Partners LLC, 2018). Faced with this booming local economy, increased cost of living and intense competition in recruitment the topic of this research if the Defense Manpower Data Center can retain its personnel. The people that would benefit most from this research are those who are currently employed with the Defense Manpower Data Center and any human resources officers within commuting distance looking for way to improve retentions in their current workplaces. This research can be used as a resource to better understand what factors besides pay are most appealing. This research will also assist in bridging the generational gap by determining between the type of benefits or work life balance options other companies offer that would make staying with federal service more enjoyable. The research will require gathering information by way of surveys and informal interviews. These questions will be focused on collecting quantitative and qualitative data. The potential impact of this study would be to provide non-biased research results that can provide readers with information applicable in determining what can be done to effectively retain personnel at the Defense Manpower Data Center and other local federal entities
Impact of Advertising Marijuana Among Minors in Sacramento
Get PDFCalifornia has begun the legal sale and advertising of recreational marijuana in counties, like Sacramento. While retailers are restricted from directly advertising to minors, any form of advertising can be inherently persuasive, and studies have shown any exposure to pro marijuana advertising can lower the perceptions of danger and increases the likelihood of use in minors. Gathering advertising data and its effects on minors from Sacramento can help community members, parents, and city officials to better understand the impact of advertising marijuana. A review of relevant literature will discuss the effects pro- and anti-marijuana advertisements can have on minors. Examine the prevalence of advertising on the internet, and gather statistical data from legal states on marijuana use by minors. A mixed method of research will collect data from surveying the perceptions of community members on advertising marijuana. Collecting advertising information from the popular marijuana advertising website Weedmaps.com, and interviews with stakeholders at the Bureau of Cannabis control and Citizens Against Legalized Marijuana. With final results concluding the impact advertising marijuana will have among minors in Sacramento
The Financial Impact of a Complex Healthcare System: A California Federally Qualified Healthcare Center Case Study
Get PDFReducing the per capita cost of primary healthcare while maintaining quality within the current complex healthcare delivery system in the United States is the problem this study explores. Specifically, reducing the insurance-related administrative costs in the clinic setting is the subject of investigation. Healthcare policy makers, who have been working on solutions to this problem for decades, may benefit from this case study research. Literature collected from a wide variety of healthcare experts provides the contextual background, demonstrations of the administrative cost problem, and potential strategies identified for addressing administrative costs in the primary care setting. A case study of a California federally qualified healthcare center (FQHC), utilizing data from the electronic medical record (EMR) system, interviews, and field observations has been conducted. The findings of this study may provide insights into whether a California FQHC can develop and implement strategies to minimize the negative financial impact of the current complex healthcare coverage system
An Analysis: The Mental Health Needs of Onslow County, North Carolina
Get PDFThis research will look into the state of mental healthcare resources in Onslow County, North Carolina, to determine whether there is a need for more mental healthcare services to meet the needs of those suffering from mental illness in the community. In addition, the study will evaluate to see if there is a lack of mental healthcare services to determine if this is producing a strain on local resources such as law enforcement and hospital emergency services. The local community of mental healthcare providers may benefit from the results of this study, as it will provide a valuable compilation of research, interviews, and data to collectively show the state of mental healthcare services in Onslow County. Relevant literature will discuss the current state of mental health and access to care in Onslow County. In addition, literature will focus on mental healthcare services to determine how it plays a role on medical hospital services and law enforcement. To conduct this research interviews were conducted with local healthcare providers and local officials to get a picture of the current state of mental healthcare in the County as well as the use of supporting studies and literature. Overall, the research provides valuable insight into the current state of mental healthcare in Onslow County, North Carolina to show whether there is a need for more services of if the current level of care is adequate to care for the needs those in the County suffering from mental illnesses
The Supreme Court Case That the Federal Circuit Overruled: Westinghouse v. Boyden Power Brake Co.
Get PDFCan a federal court of appeals overrule Supreme Court precedent? Not overtly. But if nobody takes notice, a circuit court can undermine Supreme Court precedent, vacating lower court decisions that rely on the precedent and announcing in published opinions that a once robust doctrine has somehow suddenly become archaic, disfavored, and rarely applied. This is how the Court of Appeals for the Federal Circuit has caused an important Supreme Court patent law doctrine to vanish: the reverse doctrine of equivalents, as announced by the Court in the 1898 case Westinghouse v. Boyden Power Brake Co. Hence Westinghouse represents forgotten precedent in a different sense than is conventionally thought: the leading patent court in the nation has requested that we forget this precedent, with the result that the case is receding from memory and relevance, unless and until the Supreme Court intervenes.
For nearly one hundred years following Westinghouse, the reverse doctrine of equivalents was a necessary safety valve in patent law to ensure that granting the patent monopoly did not impede the progress sought by the Intellectual Property Clause of the Constitution. In cases where the accused product represents a leap forward in the technology far beyond what is disclosed in the asserted patent, society benefits from access to that superior innovation unimpeded and untaxed by the asserted patent. There are over thirty published opinions finding or affirming noninfringement under the reverse doctrine of equivalents between 1898 and the 1982 creation of the Federal Circuit and uncounted additional unpublished dispositions as well as opinions denying or vacating summary judgment of infringement due to a dispute of fact regarding reverse equivalency. In at least the Second, Fifth, Sixth, Seventh, and Ninth Circuits, and indeed as stated by the Supreme Court itself in Westinghouse, reverse equivalency always had to be considered as part of the principal infringement case.
The reverse doctrine of equivalents enjoyed steady application by the courts in the decades since the 1898 Westinghouse case until the 1980s, when the Federal Circuit was created and proceeded to stamp out the doctrine. In the 1980s the Federal Circuit regularly vacated or reversed findings of noninfringement under the reverse doctrine of equivalents to the point where such findings of noninfringement have disappeared altogether.\u27 In 2002 the Federal Circuit proclaimed final victory over the reverse doctrine of equivalents, mischaracterizing it as an anachronistic exception, long mentioned but rarely applied ... Subsequently, the Federal Circuit warned the lower courts that this court has never affirmed a finding of noninfringement under the reverse doctrine of equivalents. And it likely never will, unless an intrepid petitioner for certiorari someday convinces the Supreme Court to revive the doctrine
This Book is Just My Type
Get PDFJennifer Babcock reviews Typography for Lawyers by Matthew Butterick (2d ed., O\u27Connor\u27s 2015), 240 pages
Forty Years from Fascism: Democratic Constitutionalism and the Spanish Model of National Transformation
Get PDFThis Article seeks to understand and evaluate core elements of the past promise and present reality of Spain’s transformation from Francoist dictatorship to modern European democracy. It does this by investigating the role of the 1978 Constitution and the distinctive Spanish Model of relatively peaceful constitutional transformation in facilitating the key legal elements of Spain’s transition to democracy. Following a review of important historical developments related to Spanish constitutionalism in Part I, this Article scrutinizes the process by which Spain transitioned to democracy in the 1970s. Part II focuses particularly on the dominant characteristics of the Spanish Model, which facilitated peaceful democratic transformation. Part III critically evaluates the use of the Spanish Model as a tool to decisively reject the core political elements of the Franco regime—autocratic rule, authoritarian governance, and fascism—and empower rights-based constitutional democracy. Finally, Part IV assesses the significance of the Spanish Model to the 1978 Constitution and the twenty-first century Kingdom of Spain and anticipates the Model’s potential for future global influence.
This Article argues that, despite recent, significant, and evolving challenges, constitutional democracy is strong in Spain and has been significantly aided by its constitutional text and the Spanish Model that inaugurated it. The Article concludes that, four decades later, there is much to study and learn from the way Spain successfully leveraged its constitutional process to overcome its authoritarian past and solidify its place as a stable modern democracy