Market Analysis: Survey Results Exclusive of the Responses of the Coastal Training Partners

The Great Lakes Environmental Finance Center (GLEFC) is conducting a market analysis to assist the Ohio Department of Natural Resources (ODNR), Old Woman Creek National Estuarine Research Reserve, and the Ohio Sea Grant College Program in developing a comprehensive training program on coastal resources management for coastal decision-makers. This report is an addendum to the third of four reports to be produced by the Great Lakes Environmental Finance Center (GLEFC) in conjunction with the Coastal Training Market Analysis

Self Incrimination: The Status of Miranda Warnings in Tax Investigations

Beckwith v. United States, 425 U.S. 341 (1976). Filing tax returns at one time or another becomes a part of every working American\u27s life. In the large majority of cases, the returns are filed honestly and, if ever audited, receive the approval of the Internal Revenue Service (IRS). But what if this approval is not forthcoming? Indeed, what if the audit results in a finding of criminal liability? The fifth and sixth amendments guarantee freedom from self-incrimination, and the right to have assistance of counsel in all criminal prosecutions. Miranda v. Arizona, a controversial decision which affects many of the contacts between police, government investigative agencies, and the people being investigated by them, specifically stated these rights among others. In Beckwith v. United States, the Supreme Court was asked to decide whether a special agent of the Internal Revenue Service, investigating potential criminal income tax violations, must, in an interview with a taxpayer, not in custody, give the warnings called for by this Court\u27s decision in Miranda v. Arizona. After affirming the district court\u27s holding that the statements made by Beckwith were admissible against him in the ensuing tax fraud prosecution even though he had not been given the full Miranda warnings prior to the interview, the Court held that it was the custodial nature of an interrogation which triggered the necessity for adherence to the specific requirements of its Miranda holding. Speaking for the majority in Beckwith, Chief Justice Burger stated that previous Supreme Court decisions specifically stressed the custodial factor and confined their rulings to situations where this factor was present. Since Beckwith was at no time taken into custody during the investigation, his claim that he was entitled to the Miranda warnings was found to be without merit

Road to Equality in South African Education: a Qualitative Study

South Africa is currently experiencing a crisis in its educational systems that if not addressed, could threaten the stability of the newly established democracy. A lack of access to quality education and severe shortage of skilled trained educators is perpetuating vestiges of the old apartheid state in the nation. Approximately 6,000 students graduate from South Africa’s teacher training programs each year to meet the demand of over 12.1 million learners (Evoh, 2007). This study examines the current crisis facing the educational system of postapartheid South Africa and more specifically how the LEAP (Langa Educational Assistance Program) school of Science and Maths could be used as a possible model for institutional educational change that may be applied on a national scale. Interviews were conducted during four independent sessions with Dominican University faculty and Dominican Fellows to discuss their involvement and experiences with the LEAP School of Science and Maths in South Africa. Results indicated that since 2005, the LEAP School of Science and Maths has been producing consistent results, with an upward trend of students achieving passing scores on the annual matriculation examination. Moreover, 90% of LEAP school graduates are moving on to tertiary levels of education in a country where only 5% of black Africans are eligible for such education

Federal Regulation of State Employment Under the Commerce Clause and National Defense Powers: Constitutional Issues Presented by the Public Safety Employer-Employee Cooperation Act

Pending before Congress is the Public Safety Employer-Employee Cooperation Act, which would require states and their localities to engage in collective bargaining with unions representing their public safety officers (i.e., police officers, firefighters, and emergency medical services workers). As constitutional authority for the Act, the legislation invokes the Commerce Clause and congressional national defense powers. This Note examines Congress\u27s ability to regulate the states\u27 employment of public safety officers. It concludes that the Commerce Clause does not enable such regulation because public safety employment does not substantially affect interstate commerce and that state sovereignty acts as an independent bar to the regulation. This Note further concludes that Congress\u27s national defense powers do not enable the regulation of public safety employment because, under both the current statutory regime of domestic emergency- response efforts and the constitutional anticommandeering doctrine, the states\u27 public safety officers are beyond the reach of federal control. Thus, this Note posits that if the Public Safety Employer-Employee Cooperation Act is enacted, the Supreme Court would—and should—strike it down

Alice in Groundwater Land: Water Supply Assessments and Subsurface Water Supplies

The purpose of this Article is to explore the preparation of Water Supply Assessments in the context of subsurface water supplies. The term “subsurface water supplies” is used here rather than “groundwater” because, as discussed below, the proponent of a development project may propose to utilize a subsurface water supply (such as water produced from beneath the surface of land via a well or a flowing spring) that is not properly classified as groundwater because it falls within the legal definition of subterranean stream flow. In such a case, the supply would be subject to the water rights permitting jurisdiction of the State Water Resources Control Board. A central premise of this Article is that, in the context of subsurface water supplies, the level of scientific and legal certainty required under SB 610-related statutes often does not exist in California. Recent appellate decisions suggest that the courts will afford public water-system operators substantial discretion in determining the sufficiency of subsurface supplies under SB 610. Looking forward, a key question is whether public water systems will consistently exercise such discretion in a manner that ensures the prudent management of the state’s groundwater resources