A Legal Analysis of Court Cases and Administrative Investigations Related to Violations of the Clery Act: Getting Good from the Bad and the Ugly

College brochures paint pictures of beautiful campuses, diverse student populations, renowned professors, and the best educational programs. What colleges never include in those brochures are the ugly crime statistics. In 2012, higher education institutions reported 41,708 liquor arrests, 20,486 burglaries, 4,837 forcible sex offenses, 951 hate crimes, and 31 murders. The reporting requirement, along with other regulations, has been required of institutions of higher education since 1990 under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, yet so many colleges and universities are facing lawsuits, investigations, settlements, and fines for failing to comply. This legal study examines such lawsuits and investigations for areas of non-compliance resulting in institutional liability. The findings provide guidance for campus officials and policymakers who have the responsibility of administrating campus security at their respective institutions. The study concludes with recommendations to strengthen campus policies and procedures for successful reporting and responding to campus crimes, thereby avoiding liability

Turtles All the Way Down: A Clearer Understanding of the Scope of Waters of the United States Based on the U.S. Supreme Court Decisions

The meaning of “waters of the United States” under the Clean Water Act (“CWA”) has been debated in Congress, federal agencies, and courtrooms across the country for almost fifty years. Despite the longstanding attention to the term, most consider the term even more unclear today than in 1972 when the CWA was adopted. However, a methodical examination of the statutory and regulatory history and the U.S. Supreme Court decisions on the issue reveal more consensus than previously understood. In addition, this focused examination shows that the debate centers on one problem that the arguments rarely acknowledge: wetlands adjacent to a “tributary.” Specifically, litigants and agencies attempt to show that the wetland at issue lies close to some type of water, whether a ditch, drain, or creek. If that water eventually reaches a navigable water, no matter how indirect or attenuated the path, the wetland is arguably jurisdictional. This Article distills the issues and clarifies the agreements and controversies surrounding “waters of the United States.” The meaning of the phrase “waters of the United States” has been debated in the legislature, federal agencies, and courtrooms across the country since Congress adopted the CWA in 1972. The debate intensified beginning in 1985 and now forms the focus of much rule-making and litigation. Section 404 of the CWA prohibits the discharge of dredged or fill material into the “navigable waters.” Navigable waters mean the “waters of the United States, including the territorial seas.” The term waters of the United States, as used in the CWA, was not further defined by Congress. This Article first provides a brief overview of the history and background of the CWA and the regulations thereunder. The history reflects a shift in focus from commerce to environmental protection. U.S. Supreme Court case law interpreting the meaning of waters of the United States (“WOTUS”) is then examined. The Article then reviews the 2015 WOTUS Rule (“Obama Rule”) and the 2020 Navigable Waters Protection Rule (“Trump Rule”). The Article also explores the applications of deference to the agency in various cases and how judicial deference may evolve in the future. Given the attention of case law on the definition of tributaries and adjacency of wetlands to tributaries, those issues form the Article’s focus

Who Are Our Fans: An Application of Principal Component-Cluster Technique Analysis to Market Segmentation of College Football Fans

A 66-question online marketing survey of 2,800 football fans who had purchased tickets to a Division I, Power 5 (P5) university football game was conducted in order to understand the fan base and provide better services and targeted marketing. Principal Component Analysis was employed to combine responses from multiple questions about purchase behavior, on-site satisfaction, demographics, and other criteria. Subsequent market segmentation via cluster analysis indicated that 95% of the survey respondents could be categorized into one of five clusters. The identified fan perceptions and evaluations resulted in the P5 athletic department taking specific actions to improve targeted marketing activities and enhance game-day experiences, including improving the quality and diversity of food offerings, ensuring smoother ingress and egress, offering more precise ticket packages, and targeting groups through relevant marketing channels. The current research notes the importance of utilizing precision marketing efforts to target specific clusters and then providing appropriate tangible and intangible products and services to maximize initial sales, improve fan experience, and increase the likelihood of repeat purchases

2006-2007 Master Class - Roberto Diaz (Viola)

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