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Bridging Cultural Deficits with Diversity, Equity, and Inclusion Policy in the U.S. Coast Guard
Full text linkThis study explored the utility of reshaping Diversity, Equity, and Inclusion (DEI) policy in The U.S. Coast Guard. Terminally, literature supported assumptions that reshaping or bolstering DEI policy does mitigate thematic cultural deficits. The study and literature proved a positive correlation between effectively tailored DEI program adjustments and improved organizational culture. Data gathered from one CG unit and one networking group demonstrated that the DEI areas could and should be improved. Via mixed-methods research (MMR), quantitative and qualitative data unearthed the lack of demographic representation in leadership, key areas to be addressed to transform the organization, and persistent cultural barriers hindering (minority) access to opportunity. Quantitative data was collected from 84 participants in two survey pools. Qualitative data was collected from ten key informants. Roughly 62% of survey respondents validated the assumptions. Concurrently, approximately 92% of critical informants validated the assumptions. Regarding demographic representation, engagement, and access to opportunities for minorities, the Coast Guard has experienced some success. However, there is an apparent disparity between the qualitative and quantitative results, primarily attributed to underdeveloped policy execution and pervasive cultural holdovers. The study’s impact narrowed down where the operational core is not heard, thereby drawing attention to where policy shortfalls can be addressed
Mcgucken v. Pub Ocean Ltd.
Full text linkThis case summary details the decision in McGucken v. Pub Ocean Ltd., 42 F.4th 1149 (9th Cir. 2022), in which the U.S. Court of Appeals for the Ninth Circuit analyzed the proper application of the fair use doctrine under the U.S. Copyright Act. The Copyright Act (17 U.S.C. §§ 101 et. seq. (1976)) seeks to further cultural advancements by protecting the exclusive rights of creators. The fair use doctrine protects the interests of those who build upon the work of creators when they use portions of previously copyrighted works. In McGucken, the Ninth Circuit reversed the sua sponte decision by U.S. District Court for the Central District of California that had favored Pub Ocean’s use of previously copyrighted photographs. Courts typically consider four factors when analyzing fair use claims: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. Ultimately, the Ninth Circuit’s decision in McGucken illustrates how the analysis relative to transformativeness under the first factor can significantly influence a court’s assessment of the other three factors and potentially lead to unpredictable result
Sackett v. U.S. Environmental Protection Agency: Waters of the United States Defined by 0.63 Acres
Full text linkThis case note analyzes Sackett v. U.S. Env’t Prot. Agency, 8 F.4th 1075, 1080 (9th Cir. 2021), a case wherein the U.S. Court of Appeals for the Ninth Circuit set forth the proper test for determining whether wetlands are “waters of the United States” within the meaning of the Clean Water Act (33 U.S.C. §1251 et seq. (1972)). In 2007, the Sacketts had purchased a 0.63 acre lot in Idaho, obtained building permits, and began constructing a house, which resulted in the deposit of sand and gravel in areas of standing water on the property. Soon thereafter, the Environmental Protection Agency (EPA) found that the property included wetlands that fell under the regulatory jurisdiction of the Clean Water Act. The EPA issued a formal compliance order instructing the Sacketts to restore the wetlands on their property or face fines of up to $40,000 per day. Eighteen years later, after lengthy litigation, the Sacketts went to the U.S. Supreme Court for the second time. In January 2022, the Supreme Court granted certiorari on the question of whether the Ninth Circuit had set forth the proper test. Within the context of Sackett, this Note outlines the history of the Clean Water Act. Next, it reviews the relatively recent cases that have shaped the definition of “waters of the United States” and the jurisdiction of the Clean Water Act, including the origin of the term “significant nexus.” Third, this Note surveys the executive branch’s role in defining key terms of the Clean Water Act, including how definitions change with each succeeding administration. Finally, this Note explores the Ninth Circuit’s decision in Sackett. Ultimately, this Note argues that Congress must address the criticisms that arose in Sackett by creating regulatory clarity to meet the needs of the environment
COMMENT: Secondary Effects: The First Amendment and Defective 3D Firearm Files
Full text linkThree-dimensional printing brought the factory inside the home, leaving behind traditional government oversight and industry safeguards common to the free market. Anyone in the world with a 3D printer can produce a functional firearm, and most adult citizens in the United States. may do so legally. While 3D printing has demonstrated its utility, novel issues such as commercial liability and broad access to computer code for 3D-printable guns remain in the technology’s legal periphery.
This Comment analyzes Washington v. Defense Distributed, in which the United States Department of State attempted to prevent an online organization, Defense Distributed, from posting printable 3D firearm files online
Fast Fashion: A Price the Planet Has to Pay
Full text linkWith fashion trends rapidly changing, the fashion industry is placed under pressure to produce new styles quickly and for a cheap price. Although consumers enjoy having the latest trends at their fingertips with the convenience of online shopping, the rise of fast fashion will have a long-lasting detrimental impact on the environment. Fashion is considered “fast” for a variety of reasons; the constant change in trends is fast, the rate of production is fast, the consumer’s decision and methods of buying are fast, delivery is fast, and articles of clothing are worn fast before they are tossed and to never be used again.
Fast fashion is the mass production of cheap, poor quality, disposable clothing. The fashion industry focuses on keeping up with the latest trends and producing as many articles of clothing at once and placing them at a cheap price to pull consumers in. The estimated number of times the average item of clothing is worn is only fourteen times. In fact, The Guardian reported in 2019 that one in three young women considered an item worn just once to be “old.” Given the easy access to the most recent trends as well as cheap pricing, consumers are essentially encouraged to simply wear and toss. Although it appears simple, this fast process makes it easy to overlook the negative impact on the environment. To give you an idea of what this looks like, the fashion industry produces approximately eighty billion articles of clothing a year and our clothes can take nearly 200 years to decompose. The fashion industry prides itself on keeping up with the times which is the essential driver of fast fashion, but it is in fact doing the opposite behind the scenes. It may demonstrate the appearance of fast and easy, but this approach will have long-lasting environmental consequences
Set Up To Fail: Youth Probation Conditions as a Driver of Incarceration
Full text linkYouth probation is the most common form of punishment for youth in the United States criminal legal system, with nearly a quarter of a million youth currently under supervision. Yet the role youth probation conditions play in the incarceration of youth has not been the focus of legal scholarship. Youth probation is a court-imposed intervention where young people remain at home under the supervision of a youth probation officer and are required to adhere to probation conditions, rules, and court-ordered conditions. The orders rely on standardized terms on youth probation condition forms. This is the first scholarly Article to excavate original youth probation condition forms. It relies on data from 17 different urban and rural jurisdictions across the United States, including the five largest, and provides both a descriptive andperspective analysis of the problems with the design and execution of probation conditions.
Based on my analysis of hundreds of youth probation conditions in these different jurisdictions, I argue that standard youth probation conditions are part of a youth probation system that is structurally flawed in its design and execution, and that probation conditions that lack an adolescent framework cause real harm to youth and their families—particularly those who are most vulnerable, especially youth of color. Simultaneously, youth probation systems concentrate power in probation officers, granting them inordinate discretionary power. Although youth probation is viewed as the ideal alternative to detention, I argue that youth probation in its current structure is a driver of incarceration—that should be viewed as part of a carceral state— in need of thoughtful re-imagination: perhaps even abolition
Increasing Veteran-Owned Small Business Participation in State of California Government Contracting
Full text linkThe State of California established the Disabled Veteran Business Enterprise (DVBE) Program in 1989 under Public Contract Code 10115 to primarily help DVBEs compete more effectively for a portion of those dollars, and to promote self-reliance for California\u27s disabled veterans by offering veterans the opportunity to gain experience in business while sharing their expertise with the citizens of California and provide a goal of awarding 3% of all state contracts to certified DVBEs” (DGS, 2021). It is important to assess the current trend of veteran owned business enterprise participation in State of California procurements.
This paper will provide an overview of the current methods within government contracting. Three areas of significance will be reviewed and explored for change and improvement needs, including the veteran set aside option, increasing the participation threshold from 5% to 10%, and privatizing small business outreach. Through an extensive review and analysis of literature from numerous professionals in the government procurement field setting in California, this paper will provide insight on the most significant change needs to increase the number of veteran owned businesses participating in California government contracting
Evaluating the Transition Assistance Program for Twenty-first Century Military Retirees
Full text linkThis study addresses the need to enhance the preparation of military retirees for comparable job opportunities after their service. Military retirees who serve over 20 years, and sometimes 30 years or more, are left to enter a job market they are unfamiliar and unprepared to compete in. This study focuses on the preparation of the veteran through the Department of Defense (DoD)Transition Assistance Program (TAP), how the DoD TAP can better meet the needs of military career professionals, and how the DoD TAP can connect military retirees to private or public job opportunities. This study has gathered and analyzed qualitative and quantitative data through a mixed-method research approach. The research has uncovered the expectations of the program versus the program’s effectiveness in preparing military retirees as they transition to the civilian workforce. The research discovers both overt, and veiled disparities in the DoD TAP and provides recommendations for the future of the program
Evaluation of Current Transportation Development Plan: A Case Study of New York City
Full text linkIn the United States, New York is the most densely populated major city, but despite the huge gross metropolitan product (GMP) of 625 each year, and 9.9% of bridges are rated structurally deficient. This paper explored and discussed the poor conditions of New York City’s Road infrastructure and analyzed how this infrastructural challenge is connected to traffic congestion, it expatiates on the effects it has on vehicle emissions, ambient air, and its impact on the overall quality of life of the residents. Furthermore, this paper includes the ambient air quality database for the area of New York City, it surveyed 20 scholarly works of literature related to the subject matter and identified the reasons why transportation development projects and policies need to be prioritized