1941 research outputs found
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APPEAL FROM THE IOWA DISTRICT COURT FOR STORY COUNTY THE HONORABLE WAUGHIN JARTH, JUDGE
No full textLegal Brief. 52 pages2025 Supreme Court Competition Problem:
Dale Gilbert is an ordinary graduate student, except he is one of four identical quadruplets. One of his brothers, TBD Gilbert, was the subject of an arrest warrant. Dale was arrested on that warrant by a Story County deputy who thought that "TBD" was an alias or a placeholder. The deputy confirmed that Dale's last name and birth date matched the warrant, so he arrested Dale and took him to the Story County Jail. That was around 4:45 p.m. on Friday, December 22.
As soon as Dale figured out that they were looking for "TBD Gilbert," he told every deputy within earshot that he was not TBD and that he could prove that TBD Gilbert was a separate person. The four of them used to be in a boy band called 2winz, and their last music video opened with a graphic of each brother's name. That music video was the top search engine result for 2winz (and it still is — seriously, go look).
Dale repeatedly asked the deputies who monitored the jail to take a few seconds to access the publicly available proof that Dale Gilbert and TBD Gilbert were two separate people. None of the deputies would do it; they told him that he could say what he needed to say during his appearance before the next available magistrate, as was standard procedure.
No magistrates were available over the weekend or on Christmas day. Dale stayed in jail until the morning of December 26, when he had his virtual appearance before the magistrate who issued TBD's arrest warrant. The judge immediately knew that Dale was not TBD. He ordered the Story County deputies to release Dale and apologize for ruining his holiday weekend.
Dale sued Story County, alleging that the deputies violated his constitutional rights. He has two claims. His first alleges that they violated his Fourth Amendment right to be free from unreasonable seizures. He argues that, even if the arrest was a reasonable mistake of fact, it stopped being reasonable as he repeatedly told them that he was not TBD and offered readily available proof. It's not clear where this Court should draw the line between a reasonable seizure that arises from ordinary execution of an arrest warrant in good faith, and an unreasonable seizure that even a valid arrest warrant can't salvage. How should a court tell the difference?
Dale's second claim alleges that the deputies violated his Fourteenth Amendment guarantee against deprivations of liberty without due process. The U.S. Supreme Court said that a three-day stint in jail in a similar case of mistaken identity didn't establish a due process violation, in Baker v. McCollan. How should this Court apply Baker? And Baker was decided in 1979 — have subsequent cases (or other developments) changed how courts should apply Baker in cases like these? It's up to our intrepid student advocates to try to guide the Court to satisfying answers to those difficult constitutional questions — and they've got just one day to do it
Copyright For The Rest Of Us: A Guide For People Who Aren’t Lawyers
Full text linkMarcia W. Keyser is the Coordinator of Copyright Services, Instruction and Reference Librarian at Cowles Library, Drake University. She can be reached at [email protected] those who want to teach or learn more about American copyright law, Copyright For The Rest Of Us is the book to use. Eleven chapters, with illustrations, outline concepts such as basic copyright law, where to find it, and how to apply copyright law in many common situations. Each chapter includes a set of scenarios or discussion questions for use on your own or in class. Many chapters, such as “Music and Copyright” can be used on their own. Copyright For The Rest Of Us is licensed under a Creative Commons license, so students or instructors may read, download, or print no charge.A grant from the Drake University Humanities Center provided for illustrations and for student and professional editing
Securing the City: Essential Practices for SCADA System Management
Full text link14 pagesSupervisory Control and Data Acquisition (SCADA) systems are critical for managing essential city services like water treatment, waste management, and electricity generation. However, implementing and maintaining these systems presents significant challenges for IT leaders. This study, conducted in collaboration with the City of Spokane's Public Works IT Team, examines the application and maintenance of SCADA systems within the city. Through interviews with the IT Team, the study identifies seven key lessons for IT leaders seeking to enhance SCADA system efficiency. These lessons address common issues, including the importance of understanding system requirements and costs, regulating updates, establishing a non-production practice environment, implementing a change management process, prioritizing safety, fostering open communication channels, and investing in staff training. The study also outlines four prevalent SCADA-related problems with recommended solutions, aimed at optimizing organizational performance and system reliability. This research offers valuable insights for IT leaders working with SCADA systems in mid-sized cities and beyond, contributing to the growing body of knowledge on effective SCADA management practices
The Impact of Taylor Swift’s Eras Tour on County Retail Sales
Full text link13 pagesTaylor Swift’s “The Eras Tour” had a large economic influence of United States cities, with football stadiums selling out to tens of thousands of Swifties. This paper analyzes the effects of The Eras Tour on monthly county retail sales. Using data on retail sales from 2021 – 2023 from five different states in which the tour stopped, regressions were run examining how presence of an Eras Tours concert in a county predicted retail sales. The results indicate that counties that hosted Eras Tour concerts had increased retail sales in the month that they hosted concerts
The Use of Artificial Intelligence to Accelerate Small and Medium Sized Business Customer Journey Development
Full text link11 pagesIn this case study, we explore the use of artificial intelligence (AI) to assist small and medium sized businesses in more fully automating their customer journey process. More fully detailed is how an American medium-sized business used AI to comb through their various marketing data, shift their target marketing strategy, and help create a more structured funnel to help the firm identify opportunities and close gaps in their customer relationship process. This process led to immediate gains and greater, more fruitful interactions with customers as they proceeded from product identification all the way to sales closure and support after the sale
State of Iowa vs. Morgan Sluff, Brief for the Appellee
No full textLegal Brief. 55 pages2024 Supreme Court Competition Problem:
Morgan Sluff is a firebrand labor activist with large followings on social media. She was the social media director for Iowa's largest union. The State charged her with extortion. The minutes of testimony (which Sluff has received) say that the State expects to present testimony from Peter Pastures, a member of that union's executive board. The State expects Pastures to testify that Sluff threatened that she would expose his extramarital affair unless he voted to approve her salary increase.
Almost immediately upon receiving the minutes of testimony, Sluff began posting about Pastures on social media. Her posts claimed that Pastures was "going to lie" in court, just like he "lied to his wife in his wedding vows." She insinuated that he had more than one extramarital affair. She also referred to him as "Perjury Petey." Sluff also made posts about the prosecutor, a county attorney by the name of John Doe. Sluff
declared that the county had a "rat problem," and she announced that she was running for county attorney to replace Doe because "Dallas County deserves . . . [s]omeone who can say NO to a political hit job and someone who a jury can BELIEVE." She added that "[d]angerous criminals keep getting away with MURDER because every juror knows they can't believe a word from JOHN D'OH!" Sluff mentioned Pastures, Doe, or both in more than 2,000 posts over 49 days.
The State moved for an order to restrain Sluff from making public statements about Pastures or Doe during the pendency of this prosecution. Sluff resisted. The district court applied the three-part test from the DC Circuit's decision in United States v. Trump. As to Sluff's statements pertaining to each person, the district court considered:
(1) whether a gag order would be justified by a sufficiently serious risk of prejudice to an ongoing judicial proceeding; (2) whether there were any less restrictive alternatives that would adequately address that risk; and (3) whether the gag order that it contemplated was narrowly tailored to address that prejudice without burdening more speech than necessary to do so. Ultimately, the district court granted the State's request (mostly). It issued an order that prohibited Sluff from making any public posts about Pastures during the pendency of this prosecution. Its order also prohibited Sluff from making public statements about Doe that referenced this ongoing criminal proceeding (she could still make statements about Doe that did not contain any reference to this prosecution).
Sluff appeals from that order. Her advocacy emphasizes the primacy of her First Amendment right to free speech, especially when it concerns matters of public concern. The State counters with its interest (and the judiciary's interest) in a fair trial, which often requires courts to act to protect witnesses and potential jurors from being influenced by extrajudicial pressures and contaminants. Resolving these challenges will require trade-offs, and none of them are completely satisfying. The Iowa Supreme Court will have to chart its own course through these choppy waters, with whatever navigational assistance they can get from our intrepid student advocate
Educating For Social Impact: An Exploration Of The Pathways Of Public Service And Civic Engagement Framework
Full text link149 leavesThe central challenge of social impact education within higher education is the lack of a shared framework to unify language and practice across an institution. One framework gaining popularity among Community Engagement Professionals (CEPs) is the Pathways of Public Service and Civic Engagement. The purpose of this basic qualitative study was to explore how the Pathways framework supports CEPs in their ability to educate students for social impact and engaged citizenship. Twelve CEPs participated in this study and data were collected via semi-structured interviews and a participant questionnaire. Five themes and three sub-themes emerged from the data analysis: (1) Frames and organizes the work; Creating a shared language, (2) Expands access and perspectives on community engagement; Justifying paths that might not otherwise be acceptable and making community engagement accessible to a broader audience, (3) Prompts reflective learning, (4) Provides insights to student interests, and (5) Comes with a network of Resources & Support. Based on the findings of this study, the researcher concluded that the Pathways Framework is useful in unifying the language and practice of social impact across an institution. Implications, recommendations, and suggestions for future research are also presented
Grading Teacher Education: Examining How Undergraduate Teacher Education Programs Are Preparing Pre-Service Teachers to Enter Standards-Based Grading
Full text link279 leavesThis dissertation study delved into how three undergraduate teacher education programs were preparing pre-service teachers with the skills necessary to implement standards-based grading in PK–12 educational environments. As educational assessment has evolved toward systems that emphasize mastery, equity, and transparency, it became critical for teacher
education programs to align their training approaches to these new standards, moving away from traditional grading systems that prioritized competition and memorization.
Employing a qualitative multiple-case study research methodology, this study explored the integration of standards-based grading within the curricula of three private undergraduate colleges in one Midwestern state. Data were gathered through a series of semi-structured interviews with educational faculty, relevant curriculum documents, and the researcher’s use of analytical memoing. This methodological approach facilitated a comprehensive exploration of both the content delivered within these programs and the pedagogical attitudes toward standards-based grading.
The findings indicated a varied landscape in the implementation and integration of the main tenets of standards-based grading across the three undergraduate teacher education programs examined. Some teacher education programs had integrated standards-based grading principles, showcasing progressive training methods that included practical simulations and real-life teaching scenarios. This integration enabled pre-service teachers to practice and refine their grading strategies in line with standards-based grading. Conversely, other programs showed significant gaps in standards-based grading training, offering limited exposure to its foundational
principles and practical applications, which may hinder future teachers’ abilities to implement these practices effectively. Highlighting both successful implementations and areas needing improvement, this multiple-case study contributed to the broader discourse on how teacher education programs can
more effectively prepare educators for a shift toward more equitable and transparent grading practices. The findings suggested that a unified approach to grading reform was necessary, emphasizing the need for ongoing professional development and institutional support to facilitate the successful adoption of standards-based grading across educational systems
Supreme Court Passes on Important Opportunity to Add Clarity to ADA Public Accommodation Requirements
Full text link4 page
Jack of All Trades vs Master of Some: Searching Ideal Knowledge Portfolio for Tech Start-Ups
Full text link17 pagesSenior leadership is indisputably central to firm performance. Numerous studies have delved into various attributes of firm leadership as predictors of performance, primarily focusing on educational background and prior tenure in other organizations. Surprisingly, the role of technical skills within firm leaders remains an under-researched area. Given that these leaders often serve as chief decision-makers in technology-centric firms, managing numerous engineers, their technical skills likely play a crucial role in ensuring seamless operations and fostering productive teams. This study addresses this gap by examining the influence of leaders' technical skills, specifically evaluating the diversity of these skills, and their depth and breadth within each technical domain on firm performance. Using data from Angel.co and LinkedIn, we constructed technical profiles for 100 firms based on the technical skills of their founders. Our analysis focused on the relationship between the Euclidean distance of technical profiles, their breadth and depth, and firm performance was measured in terms of the capital raised. Our findings suggest that the diversity and depth of technical profiles affect firm performance. We further discuss the broader implications of our results for both research and practical application