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Incarceration Or E-Incarceration: California's Sb 10 Bail Reform And The Potential Pitfalls For Pretrial Detainees, Ashley Mullen
Incarceration Or E-Incarceration: California's Sb 10 Bail Reform And The Potential Pitfalls For Pretrial Detainees, Ashley Mullen
Cornell Law Review
No abstract provided.
Locked Up, Then Locked Out: The Case For Legislative - Rather Than Executive - Felon Disenfranchisement Reform, Amanda J. Wong
Locked Up, Then Locked Out: The Case For Legislative - Rather Than Executive - Felon Disenfranchisement Reform, Amanda J. Wong
Cornell Law Review
A cohesive anti-felon disenfranchisement perspective has gained traction over the last two decades in America. Scholars have harshly criticized disenfranchisement provisions for their insulation and perpetuation of nonwhite marginalization d la Jim Crow. Other critics have also decried felon disenfranchisement for barring prior felons from full social integration. Still more critics point to how disenfranchisement provisions inequitably affect election outcomes. State leaders, recognizing the prevalent attitude against felon disenfranchisement, have taken significant measures to mitigate disenfranchisement laws-for example, some state governors have issued executive orders categorically re-enfranchising ex-felons. These types of actions are the focus on this Note. Certainly, unilateral …
The Endogenous Fourth Amendment: An Empirical Assessment Of How Police Understandings Of Excessive Force Become Constitutional Law, Osagie K. Obasogie, Zachary Newman
The Endogenous Fourth Amendment: An Empirical Assessment Of How Police Understandings Of Excessive Force Become Constitutional Law, Osagie K. Obasogie, Zachary Newman
Cornell Law Review
If the Fourth Amendment is designed to protect citizens from law enforcement abusing its powers, why are so many unarmed Americans killed? Traditional understandings of the Fourth Amendment suggest that it has an exogenous effect on police use of force, Le., that the Fourth Amendment provides the ground rules for how and when law enforcement can use force that police departments turn into use-of-force policies that ostensibly limit police violence. In this Article, we question whether this exogenous understanding of the Fourth Amendment in relation to excessive force claims is accurate by engaging in an empirical assessment of the use-of-force …
The Paradox Of Source Code Secrecy, Sonia K. Katyal
The Paradox Of Source Code Secrecy, Sonia K. Katyal
Cornell Law Review
In Lear v. Adkins, the Supreme Court precipitously wrote, "federal law requires that all ideas in general circulation be dedicated to the common good unless they are protected by a valid patent." Today, it is clear that trade secrecy's dominance over source code has been a significant cause for concern in cases involving the public interest. To protect civil rights in the age of automated decision making, I argue, we must limit opportunities for seclusion in areas of intellectual property, criminal justice, and governance more generally. The solution, therefore, does not require a complete overhaul of the existing system, but …
The Thirteenth Amendment: Modern Slavery, Capitalism, And Mass Incarceration, Michele Goodwin
The Thirteenth Amendment: Modern Slavery, Capitalism, And Mass Incarceration, Michele Goodwin
Cornell Law Review
Slavery's preservation in the United State can-in part-be explained by its fluid transformations, which continuously exacted economic gains, preserved southern social order, and inured benefits to private parties as well as the state. These transformations did not outpace law. Rather, the rule of law in the south and lawlessness among local law enforcement frequently accommodated these transformations and innovations. Historically, efforts to stamp out the myriad forms of slavery-convict leasing, peonage, contract transfers, so-called "apprenticeships," and chain gangs-frequently fell short because of local collusion and complicity, weak federal interventions and protections, and violence. The specter of lynching, which included the …
Local Evidence In Constitutional Interpretation, Brandon L. Garrett
Local Evidence In Constitutional Interpretation, Brandon L. Garrett
Cornell Law Review
The Supreme Court frequently relies on state law when interpreting the U.S. Constitution. What is less understood is the degree and manner in which the Supreme Court and other federal courts look to local law. Although it has gone largely unnoticed, there is a robust practice of acknowledging and accounting for local law in the course of constitutional interpretation. Local evidence may inform the decision whether to recognize a constitutional right, it may inform the interpretation of the right, and it may inform the remedies for a constitutional violation. For example, the Supreme Court has examined local enforcement patterns to …
Suicide And Euthanasia: The International Perspective On The Right To Die, Zachary A. Feldman
Suicide And Euthanasia: The International Perspective On The Right To Die, Zachary A. Feldman
Cornell Law Review
Several countries across the globe have weighed their interests in preserving life, in preventing suicide, and in allowing terminally ill patients to end their lives at their own discretion with, or without, the help of a physician. This Note will highlight the inconsistencies in jurisdictions that treat suicidal ideations both criminally and medically, and ultimately argues for a uniform system of laws that govern mental illness internationally.