5,126 research outputs found
Summary of Blanco v. Blanco, 129 Nev. Adv. Op. 77
The Court determined two issues: (1) whether a district court may grant a default judgment regarding child custody and child support without violating statutory law; and (2) whether a district court in divorce proceedings may grant a case-concluding default judgment regarding issues other than child custody or support, such as property division, spousal support, or attorney’s fees
Evaluating Punishment in Purgatory: The Need to Separate Pretrial Detainees\u27 Conditions-of-Confinement Claims from Inadequate Eighth Amendment Analysis
The Due Process Clause prohibits all punishment of pretrial detainees- individuals that are held by the Government, but not adjudged guilty of any crime. The Eighth Amendment only prohibits the infliction of cruel and unusual punishments upon convicted individuals. Despite the Supreme Court\u27s insistence that the Due Process Clause, and not the Eighth Amendment, protects pretrial detainees from deplorable and harmful conditions of confinement, most federal circuits now assess pretrial detainees\u27 claims under Eighth Amendment standards. Under the Eighth Amendment framework, pretrial detainees must establish that conditions subjected them to a substantial risk of serious harm, and that jailers were aware of the harm and deliberately indifferent to their needs. The Eighth Amendment approach puts pretrial detainees on equivalent footing with convicted prisoners: detainees are only entitled to the same objective treatment as convicted prisoners, and they must overcome the same burdensome hurdle to state a claim-establishing the subjective deliberate indifference of jail officials. This Note argues that Eighth Amendment standards do not adequately address pretrial detainees\u27 substantive due process rights. First, the substantive component of the Due Process Clause provides pretrial detainees with greater protection than the Eighth Amendment provides to convicted prisoners. The Eighth Amendment\u27s only relevance to pretrial detainees\u27 conditions-of-confinement claims is to set a floor; conditions falling below the Eighth Amendment floor automatically trigger a substantive due process violation. The ceiling of substantive due process protection is higher than the Eighth Amendment ceiling, however Pretrial detainees retain the fundamental liberty interest to be free from deplorable conditions of confinement, whereas convictions substantially impair or extinguish that liberty interest. Second, requiring pretrial detainees to establish the subjective deliberate indifference of jail officials contradicts the traditional approach of substantive due process jurisprudence, which relies upon objective criteria in assessing conditions-of-confinement claims
THE MARITIME OPERATIONAL THREAT RESPONSE PLAN: A MODEL FOR INTERAGENCY COOPERATION
History has shown that homeland security is a learning process and an evolution, whereby threats are identified and strategies and policies are developed and implemented. Those strategies and policies are occasionally tested in the real world and refined to adapt to the new threat landscape. The modern homeland security apparatus is characterized by overlapping and interconnecting legal and jurisdictional responsibilities that intertwine response agencies and require a whole-of-government response. A reorganization of the federal government in response to the terrorist attacks of September 11, 2001, created a plethora of new policies and procedures. This restructuring produced overlapping interests and responsibilities that required cross-disciplines, jurisdictions, and authorities to manage threats appropriately. To adapt, the federal government developed several strategies and frameworks for organizing these disparate departments and agencies. This thesis provides a comprehensive understanding of the Maritime Operational Threat Response (MOTR) Plan and how it successfully connects federal organizations to adapt and deal with threats in the unique environment of the maritime domain. Also, it identifies several elements that make the MOTR Plan successful, so the plan may be exported to other areas such as federal, state, or local governments and international partners interested in interagency collaboration.Lieutenant Commander, United States Coast GuardApproved for public release. Distribution is unlimited
Aviation Culture: a ‘Glass Sky’ for Women Pilots - Literature Review
This paper reports on a review of literature covering gender issues in aviation. It considers the impacts of aviation culture on women pilots. The focus of the review was on empirical studies over a 25-year period (1996-2020). Two research questions underpin the review; firstly, we investigated how aviation culture impacts women pilots’ experiences, secondly, we considered its effect on women as pilots. Using a hermeneutic methodological framework, we found that cultural attitudes towards women pilots in the aviation industry are biased and discriminatory. The studies in the review overwhelming concur that the hegemonic masculine culture that dominates aviation significantly diminishes women pilots\u27 experiences and undermines their performance. The contribution of this review to the field of aviation is significant as it brings together and synthesizes academic research from a diverse range of disciplines, covers civil and military aviation and spans a research period over two decades. The literature suggests cultural reform within the aviation industry is needed to affect any real change on the experiences of women pilots
Separable GPL: Decidable Model Checking with More Non-Determinism
Generalized Probabilistic Logic (GPL) is a temporal logic, based on the modal mu-calculus, for specifying properties of branching probabilistic systems. We consider GPL over branching systems that also exhibit internal non-determinism under linear-time semantics (which is resolved by schedulers), and focus on the problem of finding the capacity (supremum probability over all schedulers) of a fuzzy formula. Model checking GPL is undecidable, in general, over such systems, and existing GPL model checking algorithms are limited to systems without internal non-determinism, or to checking non-recursive formulae. We define a subclass, called separable GPL, which includes recursive formulae and for which model checking is decidable. A large class of interesting and decidable problems, such as termination of 1-exit Recursive MDPs, reachability of Branching MDPs, and LTL model checking of MDPs, whose decidability has been studied independently, can be reduced to model checking separable GPL. Thus, GPL is widely applicable and, with a suitable extension of its semantics, yields a uniform framework for studying problems involving systems with non-deterministic and probabilistic behaviors
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