Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Administrative law (2)
- Deregulation (2)
- Empirical legal studies (2)
- Governance (2)
- Policing (2)
-
- Adjudication (1)
- Algorithms (1)
- Benefit corporations (1)
- Benefit-cost analysis (1)
- Big Data (1)
- Blacks and police (1)
- Blameworthiness proportionality (1)
- Boundary organizations (1)
- Bounty system (1)
- CFR (1)
- COVID-19 pandemic (1)
- Capture (1)
- Certificate of incorporation (1)
- Civil asset forfeiture (1)
- Climate change (1)
- Code of Federal Regulations (1)
- Coercion (1)
- Collateral consequences (1)
- Colonial model (1)
- Communities of color (1)
- Computational linguistics (1)
- Contingency (1)
- Contingent fees (1)
- Corporate charter (1)
- Corporate governance (1)
Articles 1 - 9 of 9
Full-Text Articles in Law and Society
U.S. Policing As Racialized Violence And Control: A Qualitative Assessment Of Black Narratives From Ferguson, Missouri, Jason M. Williams
U.S. Policing As Racialized Violence And Control: A Qualitative Assessment Of Black Narratives From Ferguson, Missouri, Jason M. Williams
Department of Justice Studies Faculty Scholarship and Creative Works
U.S. policing has long been captured within a master narrative of colorblind consensus; however, distinct lived experiences between community groups depict grave disparities in law enforcement experiences and perceptions. Orthodox conceptions of law enforcement ultimately silence marginalized voices disproportionately affected by negative contacts with law enforcement. Centering data in critical theory, this study will present thematic results from semi-interviews gathered in Ferguson, M.O., during a critical ethnographic research project. Themes reveal experiences and perceptions of racialized and violent policing, the unique position of Black officers, and regard for the impact police have on children. Results also help to foreground new …
After The Crime: Rewarding Offenders’ Positive Post-Offense Conduct, Paul H. Robinson, Muhammad Sarahne
After The Crime: Rewarding Offenders’ Positive Post-Offense Conduct, Paul H. Robinson, Muhammad Sarahne
All Faculty Scholarship
While an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision-makers in the criminal justice system.
Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it but also as a matter of fair and just treatment. This essay describes four kinds of positive …
The Deregulation Deception, Cary Coglianese, Natasha Sarin, Stuart Shapiro
The Deregulation Deception, Cary Coglianese, Natasha Sarin, Stuart Shapiro
All Faculty Scholarship
President Donald Trump and members of his Administration repeatedly asserted that they had delivered substantial deregulation that fueled positive trends in the U.S. economy prior to the COVID pandemic. Drawing on an original analysis of data on federal regulation from across the Trump Administration’s four years, we show that the Trump Administration actually accomplished much less by way of deregulation than it repeatedly claimed—and much less than many commentators and scholars have believed. In addition, and also contrary to the Administration’s claims, overall economic trends in the pre-pandemic Trump years tended simply to follow economic trends that began years earlier. …
Unrules, Cary Coglianese, Gabriel Scheffler, Daniel Walters
Unrules, Cary Coglianese, Gabriel Scheffler, Daniel Walters
All Faculty Scholarship
At the center of contemporary debates over public law lies administrative agencies’ discretion to impose rules. Yet, for every one of these rules, there are also unrules nearby. Often overlooked and sometimes barely visible, unrules are the decisions that regulators make to lift or limit the scope of a regulatory obligation, for instance through waivers, exemptions, and exceptions. In some cases, unrules enable regulators to reduce burdens on regulated entities or to conserve valuable government resources in ways that make law more efficient. However, too much discretion to create unrules can facilitate undue business influence over the law, weaken regulatory …
Rethinking Grid Governance For The Climate Change Era, Shelley Welton
Rethinking Grid Governance For The Climate Change Era, Shelley Welton
All Faculty Scholarship
The electricity sector is often appropriately called the linchpin of efforts to respond to climate change. Over the next few decades, the U.S. electricity sector will need to double in size to accommodate electric vehicles, at the same time that it transforms to run entirely on clean energy. To drive this transformation, states are increasingly adopting 100% clean energy targets. But fossil fuel corporations are pushing back, seeking to maintain their structural domination of the U.S. energy sector. This article calls attention to one central but under-scrutinized way that these companies impede the clean energy transition: Incumbent fossil fuel companies …
The History And Revival Of The Corporate Purpose Clause, Elizabeth Pollman
The History And Revival Of The Corporate Purpose Clause, Elizabeth Pollman
All Faculty Scholarship
The corporate purpose debate is experiencing a renaissance. The contours of the modern debate are relatively well developed and typically focus on whether corporations should pursue shareholder value maximization or broader social aims. A related subject that has received much less scholarly attention, however, is the formal legal mechanism by which a corporation expresses its purpose—the purpose clause of the corporate charter. This Article examines corporate purpose through the evolution of corporate charters. Starting with historic examples ranging from the Dutch East India Company to early American corporations and their modern 21st century parallels, the discussion illuminates how corporate purpose …
Prosecuting Civil Asset Forfeiture On Contingency Fees: Looking For Profit In All The Wrong Places, Louis S. Rulli
Prosecuting Civil Asset Forfeiture On Contingency Fees: Looking For Profit In All The Wrong Places, Louis S. Rulli
All Faculty Scholarship
Civil asset forfeiture has strayed far from its intended purpose. Designed to give law enforcement powerful tools to combat maritime offenses and criminal enterprises, forfeiture laws are now used to prey upon innocent motorists and lawful homeowners who are never charged with crimes. Their only sins are that they are carrying legal tender while driving on busy highways or providing shelter in their homes to adult children and grandchildren who allegedly sold small amounts of low-level drugs. Civil forfeiture abuses are commonplace throughout the country with some police even armed with legal waivers for property owners to sign on the …
Fair Play: Notes On The Algorithmic Soccer Referee, Michael J. Madison
Fair Play: Notes On The Algorithmic Soccer Referee, Michael J. Madison
Articles
The soccer referee stands in for a judge. Soccer’s Video Assistant Referee (“VAR”) system stands in for algorithms that augment human deciders. Fair play stands in for justice. They are combined and set in a polycentric system of governance, with implications for designing, administering, and assessing human-machine combinations.
Pandemic Surveillance Discrimination, Christian Sundquist
Pandemic Surveillance Discrimination, Christian Sundquist
Articles
The COVID-19 pandemic has laid bare the abiding tension between surveillance and privacy. Public health epidemiology has long utilized a variety of surveillance methods—such as contact tracing, quarantines, and mandatory reporting laws—to control the spread of disease during past epidemics and pandemics. Officials have typically justified the resulting intrusions on privacy as necessary for the greater public good by helping to stave off larger health crisis. The nature and scope of public health surveillance in the battle against COVID-19, however, has significantly changed with the advent of new technologies. Digital surveillance tools, often embedded in wearable technology, have greatly increased …