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The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr. 2020 University of Tsukuba

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.


Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre 2020 Seattle University School of Law

Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.


Against The ‘Safety Net’, Matthew Lawrence 2020 Penn State Dickinson Law

Against The ‘Safety Net’, Matthew Lawrence

Matthew B. Lawrence

Jack Kemp and Ronald Reagan originated the ‘safety net’ conception of United States health and welfare laws in the late 1970s and early 1980s, defending proposed cuts to New Deal and Great Society programs by asserting that such cuts would not take away the “social safety net of programs” for those with “true need.” Legal scholars have adopted their metaphor widely and uncritically. This Essay deconstructs the ‘safety net’ metaphor and counsels against its use in understanding health and welfare laws. The metaphor is descriptively confusing because it means different things to different audiences. Some understand the ‘safety net’ as ...


Taking A Deeper Dive Into Progressive Prosecution: Evaluating The Trend Through The Lens Of Geography: Part One: Internal Constraints, Madison McWithey 2020 Boston College Law School

Taking A Deeper Dive Into Progressive Prosecution: Evaluating The Trend Through The Lens Of Geography: Part One: Internal Constraints, Madison Mcwithey

Boston College Law Review

“Progressive prosecution” has injected new life into criminal justice reform. This trend, which calls for less punishment, less prosecution of many lower-level crimes, and more diversion programs, has taken hold in large cities like Philadelphia, Chicago, Boston, and Houston, as well as in smaller rural districts. Despite the hype, however, progressive prosecution has its limitations. This article discusses four of those limitations and analyzes their effect on progressive prosecution’s likelihood of success in both urban and rural districts. Although many factors constrain progressive prosecution, this article addresses two types: internal and external. Part One discusses internal constraints, including the ...


Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon 2020 University of Miami Law School

Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon

University of Miami Law Review

The nineteenth-century Indian problem has become the twenty-first century border crisis. While the United States fancies itself a nation of immigrants, this rhetoric is impossible to square with the reality of the systematic exclusion of migrants of color. In particular, the Trump administration has taken the exclusion of migrants descended from the Indigenous inhabitants of Mexico and Central America to a reductio ad absurdum. This Note joins a body of scholarship that centers the history of genocide in the United States to examine what our settler colonial history means for today’s immigration law and policy. It concludes that the ...


Are We Responsible For Who We Are? Indoctrination And Social Influence As A Defense To Crime, Paul H. Robinson, Lindsay Holcomb 2020 University of Pennsylvania Law School

Are We Responsible For Who We Are? Indoctrination And Social Influence As A Defense To Crime, Paul H. Robinson, Lindsay Holcomb

Faculty Scholarship at Penn Law

A patriotic POW is brainwashed by his North Korean captors into refusing repatriation and undertaking treasonous anti-American propaganda for the communist regime. Despite the general abhorrence of treason in time of war, the American public opposes criminal liability for such indoctrinated soldiers, yet existing criminal law provides no defense or mitigation because, at the time of the offense, the indoctrinated offender suffers no cognitive or control dysfunction, no mental or emotional impairment, and no external or internal compulsion. Rather, he was acting purely in the exercise of free of will, albeit based upon beliefs and values that he had not ...


The Cost Of Doing Business: Corporate Crime And Punishment Post-Crisis, Dorothy S. Lund, Natasha Sarin 2020 USC Gould School of Law

The Cost Of Doing Business: Corporate Crime And Punishment Post-Crisis, Dorothy S. Lund, Natasha Sarin

Faculty Scholarship at Penn Law

For many years, law and economics scholars, as well as politicians and regulators, have debated whether corporate criminal enforcement overdeters beneficial corporate activity or in the alternative, lets corporate criminals off too easily. This debate has recently expanded in its polarization: On the one hand, academics, judges, and politicians have excoriated the DOJ for failing to send guilty bankers to jail in the wake of the financial crisis; on the other, the DOJ has since relaxed policies aimed to secure individual lability and reduced the size of fines and number of prosecutions.

A crucial and yet understudied piece of evidence ...


Taking The "Sum Total" Of The Common Good In Religious Freedom Discourse, Anthony R. Picarello Jr. 2020 University of St. Thomas, Minnesota

Taking The "Sum Total" Of The Common Good In Religious Freedom Discourse, Anthony R. Picarello Jr.

University of St. Thomas Law Journal

No abstract provided.


Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang 2020 University of Pennsylvania Law School

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Faculty Scholarship at Penn Law

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with ...


Social Science And The Analysis Of Environmental Policy, Cary Coglianese, Shana Starobin 2020 University of Pennsylvania Law School

Social Science And The Analysis Of Environmental Policy, Cary Coglianese, Shana Starobin

Faculty Scholarship at Penn Law

As much as environmental problems manifest themselves as problems with the natural environment, environmental problems--and their solutions--are ultimately social and behavioral in nature. Just as the natural sciences provide a basis for understanding the need for environmental policy and informing its design, the social sciences also contribute in significant ways to the understanding of the behavioral sources of environmental problems, both in terms of individual incentives and collective action challenges. In addition, the social sciences have contributed much to the understanding of the ways that laws and other institutions can be designed to solve environmental problems. In this paper, we ...


A Truce In The Criminal Law Distributive Principle Wars?, Paul H. Robinson 2020 University of Pennsylvania Law School

A Truce In The Criminal Law Distributive Principle Wars?, Paul H. Robinson

Faculty Scholarship at Penn Law

Crime-control utilitarians and retributivist philosophers have long been at war over the appropriate distributive principle for criminal liability and punishment, with little apparent possibility of reconciliation between the two. In the utilitarians’ view, the imposition of punishment can be justified only by the practical benefit that it provides: avoiding future crime. In the retributivists’ view, doing justice for past wrongs is a value in itself that requires no further justification. The competing approaches simply use different currencies: fighting future crime versus doing justice for past wrongs.

It is argued here that the two are in fact reconcilable, in a fashion ...


How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, Paul H. Robinson, Matthew Kussmaul, Muhammad Sarahne 2020 University of Pennsylvania Law School

How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, Paul H. Robinson, Matthew Kussmaul, Muhammad Sarahne

Faculty Scholarship at Penn Law

Solving criminal justice problems typically requires the enactment of new rules or the modification of existing ones. But there are some serious problems that can best be solved simply by altering the way in which the existing rules are drafted rather than by altering their content. This is the case with two of the most serious problems in criminal justice today: the problem of overlapping criminal offenses that create excessive prosecutorial charging discretion and the problem of legislative inconsistency and irrationality in grading offenses.

After examining these two problems and demonstrating their serious effects in perverting criminal justice, the essay ...


"Downright Indifference": Examining Unpublished Decisions In The Federal Courts Of Appeals, Merritt E. McAlister 2020 University of Florida Fredric G. Levin College of Law

"Downright Indifference": Examining Unpublished Decisions In The Federal Courts Of Appeals, Merritt E. Mcalister

Michigan Law Review

Nearly 90 percent of the work of the federal courts of appeals looks nothing like the opinions law students read in casebooks. Over the last fifty years, the so-called “unpublished decision” has overtaken the federal appellate courts in response to a caseload volume “crisis.” These are often short, perfunctory decisions that make no law; they are, one federal judge said, “not safe for human consumption.”

The creation of the inferior unpublished decision also has created an inferior track of appellate justice for a class of appellants: indigent litigants. The federal appellate courts routinely shunt indigent appeals to a second-tier appellate ...


Free-Speech Formalism And Social Injustice, Stephen M. Feldman 2020 William & Mary Law School

Free-Speech Formalism And Social Injustice, Stephen M. Feldman

William & Mary Journal of Race, Gender, and Social Justice

The Roberts Court has shifted constitutional law in a formalist direction. This Essay explains the Court’s formalism and its causes and consequences in First Amendment free-expression cases. The thesis is that the current conservative justices’ reliance on formalism intertwines with their attitudes toward public and private spheres of activity. Their attitudes toward the public-private dichotomy are, in turn, shaped by their political ideologies as well as by the contemporary practices of democratic government, which have shifted significantly over American history. Formalism contains an inherent political tilt favoring those who already wield power in the private sphere. Formalism favors the ...


From Tax Policy To Social Insurance, Edward D. Kleinbard 2020 University of Southern California

From Tax Policy To Social Insurance, Edward D. Kleinbard

University of Southern California Legal Studies Working Paper Series

This presentation was delivered to the Tax Section of the New York State Bar Association in January 2020. It first briefly reviews important current tax policy issues, and shows that the income tax has plenty of headroom to accommodate higher tax revenues: “Personal Income,” the government’s broadest measure of household income, is $6 trillion higher than aggregate Adjusted Gross Incomes.

The presentation then pulls back its focus to poverty and middle class life. It argues that education is the engine of economic opportunity, but the United States dishonors the principle of equality of opportunity by its unique reliance on ...


The Captive Lab Rat: Human Medical Experimentation In The Carceral State, Laura I. Appleman 2020 Willamette University

The Captive Lab Rat: Human Medical Experimentation In The Carceral State, Laura I. Appleman

Boston College Law Review

Human medical experimentation upon captive, vulnerable subjects is not a relic of our American past. It is part of our present. The extensive history of medical experimentation on the disabled, the poor, the mentally ill, and the incarcerated has been little explored. Its continuance has been even less discussed, especially in the legal literature. The standard narrative of human medical experimentation ends abruptly in the 1970s, with the uncovering of the Tuskegee syphilis study. My research shows, however, that this narrative is incorrect and incomplete. The practice of experimenting on the captive and vulnerable persists. Our current approach to human ...


Straightwashing The Census, Kyle C. Velte 2020 University of Kansas School of Law

Straightwashing The Census, Kyle C. Velte

Boston College Law Review

This Article examines the “straightwashing” of the census through the “Identity Undercount”—the failure of the state to collect sexual orientation and gender identity (SOGI) population data in government surveys such as the Census. The Identity Undercount, while counting the literal bodies of LGBT people, erases their lived identity. For many in the LGBT population, their lived identity and reality is one of poverty and powerlessness, a reality contrary to the widely accepted narrative that the LGBT population is more affluent and powerful than the rest of the population. Because federal and state governments rely on population data to drive ...


Distributive Justice And Rural America, Ann M. Eisenberg 2020 University of South Carolina School of Law

Distributive Justice And Rural America, Ann M. Eisenberg

Boston College Law Review

Today’s discourse on struggling rural communities insists they are “dying” or “forgotten.” Many point to globalization and automation as the culprits that made livelihoods in agriculture, natural resource extraction, and manufacturing obsolete, fueling social problems such as the opioid crisis. This narrative fails to offer a path forward; the status quo is no one’s fault, and this “natural” rural death inspires mourning rather than resuscitation. This Article offers a more illuminating account of the rural story, told through the lens of distributive justice principles. The Article argues that rural communities have not just “died.” They were sacrificed. Specifically ...


The Torture Machine: Racism And Police Violence In Chicago, Flint Taylor 2020 DePaul University

The Torture Machine: Racism And Police Violence In Chicago, Flint Taylor

DePaul Journal for Social Justice

No abstract provided.


Third Generation Discrimination: An Empirical Analysis Of Judicial Decision Making In Gender Discrimination Litigation, Catherine Ross Dunham, Christopher Leupold 2020 DePaul University

Third Generation Discrimination: An Empirical Analysis Of Judicial Decision Making In Gender Discrimination Litigation, Catherine Ross Dunham, Christopher Leupold

DePaul Journal for Social Justice

No abstract provided.


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