Digital Commons Network^™

Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick

Timothy Zick

No abstract provided.

Recovering The Assembly Clause, Timothy Zick

Timothy Zick

No abstract provided.

The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus

Paul Marcus

No abstract provided.

Analysis Of People Of The State Of New York, Buffalo Gyn Womenservices, Planned Parenthood Of Rochester/Syracuse Region, Et. Al. V. Operation Rescue National, Et. Al., Lucinda Finley

Lucinda M. Finley

No abstract provided.

The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver

Russell L. Weaver

Into a steadfastly conservative constitutional landscape, the United Kingdom Parliament has now introduced a Bill of Rights, the Human Rights Act of 1998, which takes effect in October 2000. The Act provides for a full catalogue of civil and political rights which are enforceable by the courts. This development raises two questions in evaluating the future of English law. First, does this signify the dawn of a new British radicalism? And second, why has it happened now? In answering these questions in relation to England and Wales, Part I of this Article provides an introduction to the traditional treatment of …

The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan

James E. Moliterno

In times of social upheaval, lawyers can mark the way toward social change. In particular, when lawyers become more aggressive than traditional lawyers in the cause of fighting injustice, they face backlash from multiple sources, including government and their own profession. Such was the case during the U.S. civil rights movement. Unusually aggressive behavior by cause lawyers was met with hostility from their own profession and from government action. Those lawyers, while battered at times with physical violence, bar ethics charges, contempt of court, and state hostility, survived and changed social conditions at the same time they altered the culture …

Algorithmic Risk Assessments And The Double-Edged Sword Of Youth, Megan T. Stevenson, Christopher Slobogin

Christopher Slobogin

Risk assessment algorithms—statistical formulas that predict the likelihood a person will commit crime in the future—are used across the country to help make life-altering decisions in the criminal process, including setting bail, determining sentences, selecting probation conditions, and deciding parole. Yet many of these instruments are “black-box” tools. The algorithms they use are secret, both to the sentencing authorities who rely on them and to the offender whose life is affected. The opaque nature of these tools raises numerous legal and ethical concerns. In this paper we argue that risk assessment algorithms obfuscate how certain factors, usually considered mitigating by …

287(G) Agreements In The Trump Era, Huyen Pham

Huyen T. Pham

No abstract provided.

The Audacity Of Protecting Racist Speech Under The National Labor Relations Act, Michael Z. Green

Michael Z. Green

This Article, written for a symposium hosted by the University of Chicago Legal Forum on the Disruptive Workplace, analyzes the most recent failures of the National Labor Relations Board (NLRB) to determine a thoughtful and balanced approach in addressing racist speech. Imagine two employees in the private sector workplace are discussing the possibility of selecting a union to represent their interests regarding wages and working conditions. During this conversation, a black employee notes the importance of using their collective voices to improve working conditions and compares the activity of selecting a union with the Black Lives Matter protests aimed at …

Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito

Natsu Taylor Saito

The primacy accorded individual civil and political rights is often touted as one of the United States' greatest achievements. However, mass incarcerations of indefinite duration have occurred consistently throughout U.S. history and have primarily targeted people of color. The dominant narrative insists that the United States is a political democracy and portrays each instance of indefinite detention in exceptionalist terms. This essay argues that the historical patterns of indefinite detention are better explained by recognizing the United States as a settler colonial state whose claimed prerogative to expand its territorial reach and contain/control populations over which it exercises jurisdiction inevitably …

Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, Joseph M. Isanga

Joseph Isanga

This article examines Kenya's international human rights obligations and finds that there is support for religious courts, provided relevant human rights guarantees are ensured. Kenya's Kadhi's courts have existed in the constitution since independence from the British. So why do some religious groups now oppose them or their enhancement under Kenya's Constitution? Opponents of Kadhi's courts advance, inter aha, the following arguments. First, Kadhi's courts provisions favour one religion and divide Kenyans along religious lines. Second, they introduce Sharia law. Third, the historical reasons for their existence have been overtaken by events. Fourth, non-Muslims shouldn't be taxed to fund a …

Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias

Tim Iglesias

The Costs Of Trumped-Up Immigration Enforcement Measures, Kari E. Hong

Kari E. Hong

Currently, our country spends $18 billion each year on immigration enforcement, which is nearly $4 billion more than the combined budgets of the FBI, DEA, Secret Service, and ATF. President Trump hopes to substantially increase that annual number with his proposed heightened enforcement measures that result in more arrests, more ICE officers roaming our streets, airports, and courtrooms, more detentions, more deportations, and more wall. This essay begins by examining each of these measures that were outlined in the new executive orders and concludes that all are expensive, ineffective, unnecessary, and inhumane. Just as being “Tough on Crime” was proven …

American Equal Protection And Global Convergence, Holning Lau, Hillary Li

Holning Lau

High Pain, No Gain: How Juvenile Administrative Fees Harm Low-Income Families In Alameda County, California, Jeffrey Selbin

Jeffrey Selbin

What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar

Vincent Samar

Abstract

What Impact the Supreme Court’s Recent Hobby Lobby

Decision Might Have for LGBT Civil Rights?

Vincent J. Samar

The U.S. Supreme Court’s recent decision in the Hobby Lobby case has created shockwaves of concern among civil rights groups questioning whether for-profit corporations can assert a religious exemption from civil rights legislation under a 1993 federal law, the Religious Freedom Restoration Act. The matter is of particular concern in the LGBT community given the possible impact it could have on services traditionally offered to those getting married as more and more states legalize same-sex marriage. Though the Court’s conservative majority …

Traffic Stop Practices Of The Louisville Police Department: January 15 - December 31, 2001, Terry D. Edwards, Elizabeth L. Grossi, Gennaro F. Vito, Angela D. Crews

Angela Crews

This report summarizes the findings of a study conducted using data collected by the Louisville Division of Police between January 15, 2001 and December 31, 2001. These data resulted from 48,586 interactions between law enforcement officers and citizens during traffic-related contacts. Information was collected about the driver, the officer, and the stop event. Driver demographics included race, sex, age, residency, license number, and vehicle registration. The only information collected about the officer was officer badge number. Finally, data collected about the stop event include the date, time of day, reason for stop, activities during the stop, number of passengers, and …

Traffic Stop Practices Of The Louisville Police Department: January 15 - December 31, 2001, Terry D. Edwards, Elizabeth L. Grossi, Gennaro F. Vito, Angela D. Crews

Angela Crews

This report summarizes the findings of a study conducted using data collected by the Louisville Division of Police between January 15, 2001 and December 31, 2001. These data resulted from 48,586 interactions between law enforcement officers and citizens during traffic-related contacts. Information was collected about the driver, the officer, and the stop event. Driver demographics included race, sex, age, residency, license number, and vehicle registration. The only information collected about the officer was officer badge number. Finally, data collected about the stop event include the date, time of day, reason for stop, activities during the stop, number of passengers, and …

Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu T. Saito

Natsu Taylor Saito

More than a half-century after the Civil Rights Era, people of color remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution’s guarantee of equal protection remain elusive. This article argues that the “racial realism” advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative’s depiction of the United States as a “nation of immigrants” with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not exist without the occupation …

Gender Injustice: System-Level Juvenile Justice Reforms For Girls, Francine Sherman, Annie Balck

Francine T. Sherman

Despite decades of attention, the proportion of girls in the juvenile justice system has increased and their challenges have remained remarkably consistent, resulting in deeply rooted systemic gender injustice. The literature is clear that girls in the justice system have experienced abuse, violence, adversity, and deprivation across many of the domains of their lives—family, peers, intimate partners, and community. There is also increasing understanding of the sorts of programs helpful to these girls. What is missing is a focus on how systems—and particularly juvenile justice systems—can be redesigned to protect public safety and support the healing and healthy development of …

Same-Sex Marriage And Choice Of Law: If We Marry In Hawaii, Are We Still Married When We Get Home?, Barbara Cox

Barbara Cox

This Article explores the choice-of-law question of whether a same-sex couple, married in Hawaii after successful completion of the Baehr v. Lewin case, will have their marriage recognized by the state of their domicile upon their return from Hawaii. This Article first applauds the Baehr court's decision that prohibiting same-sex marriage is unconstitutional sex discrimination but then critiques its decision that the fundamental right to marry does not extend to same-sex couples.

The second Part considers the choice-of-law questions that will arise in cases litigating the validity of a couple's same-sex marriage upon their return to their domicile. It considers …

Testimony On Oklahoma Civil Asset Forfeiture Reform, Stephen E. Henderson

Stephen E Henderson

Dealing With Dangerous Women: Sexual Assault Under Cover Of National Security Laws In India, Surabhi Chopra Prof.

Surabhi Chopra Prof.

DEALING WITH DANGEROUS WOMEN: SEXUAL ASSAULT UNDER COVER OF NATIONAL SECURITY LAWS IN INDIA

This article examines violence against women suspected of being security threats in India’s internal conflict zones, one of the very few scholarly works to do so.

I focus on two cases in particular. In 2004, Thangjam Manorama was arrested by paramilitaries on suspicion of belonging to a violent separatist group, and found raped and murdered several hours later. I look at her family’s attempts to hold the armed forces accountable for her death. I also look at the ongoing criminal prosecution of Soni Sori, an indigenous …

Federal Regulation Of Collective Bargaining By State And Local Employees: Constitutional Alternatives, Ronald C. Brown

Ronald Brown

No abstract provided.

The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz

Sahar F. Aziz

No abstract provided.

Preserving The Bill Of Rights In The Modern Administrative-Industrial State, Rodney A. Smolla

Rod Smolla

No abstract provided.

Aids And Funeral Homes: Common Legal Issues Facing Funeral Directors, 27 J. Marshall L. Rev. 411 (1994), Mark E. Wojcik

Mark E. Wojcik

No abstract provided.

Federal Programs And The Real Costs Of Policing, Rachel A. Harmon

Rachel A. Harmon

Dozens of federal statutes authorize federal agencies to give money and power to local police departments and municipalities in order to improve public safety. While these federal programs encourage better coordination of police efforts and make pursuing public safety less financially costly for local communities, they also encourage harmful policing. Of course, policing often interferes with our interests in autonomy, privacy, and property, and those harms are often worthwhile in exchange for security and order. Federal public safety programs, however, are designed, implemented, and evaluated without reference to the nonbudgetary costs of policing. When those costs are high, federal programs …

A Fourth Amendment Framework For The Fee Exercise Clause, Adam Lamparello

Adam Lamparello

This article proposes a paradigm for resolving disputes under the free exercise clause that is analogous to the framework used by the court under the fourth amendment when balancing privacy rights against investigatory powers of law enforcement. In its Fourth Amendment jurisprudence, the Court provides varying degrees of protection to privacy – and imposes different evidentiary requirements on law enforcement – depending on the context in which privacy is affected, the intrusiveness of a particular search, and the asserted governmental interests. For example, privacy receives the strongest protections in areas such as the home, thus requiring law enforcement to have …

Riley V. California: A Pyrric Victory For Privacy, Adam Lamparello

Adam Lamparello

In Riley v. California, the United States Supreme Court ushered privacy protections into the digital era and signaled that the Fourth Amendment would not become a constitutional afterthought. The Court unanimously held that, absent exigent circumstances, law enforcement officers could not search any area of an arrestee’s cell phone, including the outgoing call log, without a warrant and probable cause. At first glance, Riley appears to be a landmark decision in favor of individual privacy rights. As with most things, however, the devil is in the details, and the details in Riley make any celebration over the seemingly enhanced …