Digital Commons Network^™

Reforming High-Stakes Police Departments: How Federal Civil Rights Will Rebuild Constitutional Policing In America, Ivana Dukanovic

UC Law Constitutional Quarterly

Over the past two decades, the Justice Department has untaken dozens of topdown interventions of local police departments plagued with unconstitutional policing. From Albuquerque, New Mexico, to Ferguson, Missouri, the Justice Department's Civil Rights Division has instituted reform in departments exhibiting patterns or practices that violate individuals' constitutional rights. The government's tool for imposing such reform and oversight on local, state power is a twenty-three-year-old statute: 42 U.S.C. 14141. This Note proposes that § 14141 is the change agent for rebuilding constitutional policing in America.

But with change comes challenge, and many pushback departments continue to resist reform. The Note …

The Shoe Doesn't Fit: General Jurisdiction Should Follow Corporate Structure, Seungwon Chung

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Big Data: Can The Attempt To Be More Discriminating Be More Discriminatory Instead?, Roger W. Reinsch, Sonia Goltz

Saint Louis University Law Journal

No abstract provided.

Organizational Transformation: Guiding Principles For Community Providers (Bringing Employment First To Scale, Issue No. 6), Jaimie Ciulla Timmons, Amie Lulinski, Cindy Thomas, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

A key area of focus for our Rehabilitation Research and Training Center (RRTC) is organizational transformation, leading to improved employment outcomes for those served by community provider organizations. Community provider organizations and their staff are the primary source of day and employment supports for people with intellectual and/or developmental disabilities (IDD). Among this large provider community, variation of services and employment philosophies exists. Many believe that facility-based programs are essential for individuals with disabilities who are having difficulty getting or maintaining competitive work in the labor force, and have limited plans to expand competitive integrated employment. Others believe that all …

Policy And State-Level Strategies To Promote Employment (Bringing Employment First To Scale, Issue No. 3), Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

At the national level, integrated employment has become an important policy priority. Greater expectations are being placed on those charged with delivering employment supports, and disability systems are responding. However, the promise of integrated employment has yet to be realized for individuals with intellectual and developmental disabilities (IDD). The number of individuals supported in integrated employment by state IDD agencies has remained the same since 2000, participation in non-work services has grown rapidly, and promising practices for employment supports identified in the research are not widely implemented. What are the state-level strategies that can change this trajectory?

This brief: Describes …

Distributed Reliability, Amy L. Stein

University of Colorado Law Review

For the past century, electric utilities and grid operators have both owned and operated resources to maintain the reliability of the grid. This reliability has been controlled through investments in generation, transmission, and distribution assets. Today, a growing number of previously passive customers are much more involved in generating their own electricity. But this customer involvement does not stop with generation. Customers are also contributing energy storage and demand response (DR) to the grid, reliability resources that are an essential component of supporting intermittent, renewable energy. This Article draws upon economic analyses of industrial organization and principal agent theory to …

Why We Need Community Control Of The Police, Larry Redmond

Public Interest Law Reporter

No abstract provided.

Experiences And Perceptions Regarding Emergency Telephone Number Use Relative To Civic Engagement, Jacquetta Mccoy

Walden Dissertations and Doctoral Studies

Lack of engagement in public service awareness education programs, coupled with reduced funding to implement a diversion system such as 311 systems or 10-digit phone numbers, contribute to 911 misuse. Many local governments have invested in alternative systems, but research regarding community members' use of 911 or alternatives relative to civic engagement is lacking. Guided by Gordon's conceptualization of civic engagement, this phenomenological study bridged the gap in knowledge by exploring community members' civic involvement and their use of 911 between 2012 and 2015 in a county in the state of Georgia. A snowball sampling strategy was used to select …

Should Courts Fear Transnational Engagement?, Olga Frishman

Vanderbilt Journal of Transnational Law

Judicial citation of foreign law worries many people, including justices of the U.S. Supreme Court, politicians, and legal academics. The critics in the United States argue that judges "cherry-pick" foreign citations and use them to import foreign norms that do not accord with the Constitution or the will of the American people. This Article argues, based on insights from organizational theory, that the critics overlook another, much greater, concern: the danger does not come from citing or looking at foreign law, but rather, from other types of interaction, such as meetings at judicial organizations, judicial delegations, or judicial conferences. The …

Sins Of Omission: Abstention In Democratic Institutions, Grant M. Hayden

Faculty Journal Articles and Book Chapters

Assumptions regarding the effect of an abstention guide the theory and practice of abstention across the full range of democratic decisionmaking. Sometimes, however, these assumptions are false, and may prevent voters from achieving their objectives. This Article examines the effect that abstention has under common voting procedures, dispelling many assumptions that voters make about the effect of an abstention.

Regulatory Incentive Realignment And The Eu Legal Framework Of Bank Resolution, Andromachi Georgosouli

Brooklyn Journal of Corporate, Financial & Commercial Law

Risks associated with incentive misalignment are liable to seriously jeopardize the effectiveness of bank resolution, when not properly contained. This Article considers the management of misaligned incentives between regulators that are found in a vertical relationship of public governance. Using the EU legal framework of bank resolution as its case study, this Article explores the effectiveness of the quasi-enforcement powers of the Single Resolution Board (SRB) and, where relevant, of the European Banking Authority (EBA) as an incentive realignment legal technique. Two principal difficulties are identified: on the one hand, the problematic interinstitutional dynamic of the SRB and the EBA …

Incarceration Incentives In The Decarceration Era, Avlana K. Eisenberg

Vanderbilt Law Review

After forty years of skyrocketing incarceration rates, there are signs that a new "decarceration era" may be dawning; the prison population has leveled off and even slightly declined. Yet, while each branch of government has taken steps to reduce the prison population, the preceding decades of mass incarceration have empowered interest groups that contributed to the expansion of the prison industry and are now invested in its continued growth. These groups, which include public correctional officers and private prison management, resist decarceration-era policies, and they remain a substantial obstacle to reform. This Article scrutinizes the incentives of these industry stakeholders …

The Law And Economics Of Proportionality In Discovery, Jonah B. Gelbach, Bruce H. Kobayashi

Georgia Law Review

This Article analyzes the proportionality standard in discovery. Many believe the renewed emphasis on this standard contained in the 2015 Amendments to the Federal Rules of Civil Procedure has the potential to infuse litigation practice with considerably more attention to questions related to the costs and benefits of discovery. We discuss the history and rationale of proportionality's inclusion in Rule 26, adopting an analytical framework that focuses on how costs and benefits can diverge in litigation generally, and discovery in particular. Finally, we use this framework to understand the mechanics and challenges involved in deploying the six factors included in …

Occam's Phaser: Making Proportional Discovery (Finally) Work In Litigation By Requiring Phased Discovery, Michael Murphy

Faculty Scholarship

This is an article about solving the problem of expensive electronic discovery in litigation by simply learning the most important facts first. Judges and parties often complain that the scope of information included in fact discovery in civil litigation is overinclusive and disproportionate to size of the dispute, resulting in overly expensive costs. The Federal Rules of Civil Procedure recently changed again to further emphasize the use of “proportional” limits in discovery, but provide little practical mechanism for parties, lawyers, and judges to make discovery “right-sized.” This Article proposes that parties should be required to “phase” discovery by first setting …

Corporate Control And Idiosyncratic Vision, Zohar Goshen, Assaf Hamdani

Faculty Scholarship

This Article offers a novel theory of corporate control. It does so by shedding new light on corporate-ownership structures and challenging the prevailing model of controlling shareholders as essentially opportunistic actors who seek to reap private benefits at the expense of minority shareholders. Our core claim is that entrepreneurs value corporate control because it allows them to pursue their vision (i.e., any business strategy that the entrepreneur genuinely believes will produce an above-market rate of return) in the manner they see fit. We call the subjective value an entrepreneur attaches to her vision the entrepreneur’s idiosyncratic vision. Our framework identifies …

The Corporation As Courthouse, Rory Van Loo

Faculty Scholarship

Despite the considerable attention paid to mandatory arbitration, few consumer disputes ever reach arbitration. By contrast, institutions such as Apple’s customer service department handle hundreds of millions of disputes annually. This Article argues that understanding businesses’ internal dispute processes is crucial to diagnosing consumers’ procedural needs. Moreover, businesses’ internal processes interact with a larger system of private actors. These actors include ratings websites that mete out reputational sanctions. The system also includes other corporations linked to the transaction, such as when American Express adjudicates a contested sale between a shopper and Home Depot. This vast private order offers promise to …

Tools For Change: Boosting The Retention Of Women In The Stem Pipeline, Joan C. Williams, Katherine W. Phillips, Erika V. Hall

Faculty Scholarship

This study details how gender bias plays out in everyday workplace interactions in science, technology, engineering, and math (STEM). It is based on in-depth interviews with 60 women scientists of color (chiefly professors), and a survey of 557 women scientists (of all races). Different types of gender bias were reported at different rates. Prescriptive gender bias was most common (76.3% of women interviewed reported it), followed by descriptive gender bias (66.7%) and gender bias triggered by motherhood (64.0%); just over half of the women interviewed (55.3%) reported situations in which gender bias against women fueled conflicts among women. The survey …

Institutional Triage: Reflections On Being Acquired, Aric K. Short

Faculty Scholarship

On June 25, 2012, I walked into the dean's office at Texas Wesleyan University School of Law. He and I had been summoned by our university president to a hastily called meeting to discuss the law school's "academic program." Since I helped oversee our academic program as Associate Dean for Academic Affairs at the time, I was not particularly looking forward to the meeting. I assumed there would be bad news of some sort.

Instead, we were told that Texas Wesleyan University ("TWU") and Texas A&M University ("TAMU") were in negotiations that, it was expected, would result in a "strategic …

To Win Wars, Correct The Army's Political Blind Spot, Joseph Roger Clark

The US Army War College Quarterly: Parameters

No abstract provided.

Governing Water In Canada: The Legislative Experiments In New Governance, Patricia Hania

PhD Dissertations

Governing water in Canada is in transition. Since 2000, episodes of drought, unsafe drinking water, and polluted watersheds have affected local and First Nations communities. In reaction to these crises, provincial regulators entered a new governance phase. This regulatory turn profoundly transforms the traditional environmental regulatory approach by introducing a collaborative new governance arrangement. The legal scholarship is generally supportive of this trend, however, a dearth of empirical research exists to understand how decisions are made under this new regulatory approach.

This dissertation presents an eco-resiliency framework to examine the responsiveness of this new governance mode to environmental change. The …

Researching Georgia Law (2015 Edition), Austin Martin Williams

Georgia State University Law Review

No abstract provided.

Caring For The Land, Serving People: Creating A Multicultural Forest Service In The Civil Rights Era, Donna Lynn Sinclair

Dissertations and Theses

This qualitative study of representative bureaucracy examines the extension and limitations of liberal democratic rights by connecting environmental and social history with policy, individual decision making, gender, race, and class in American history. It documents major cultural shifts in a homogeneous patriarchal organization, constraints, advancement, and the historical agency of women and minorities. "Creating a Multicultural Forest Service" identifies a relationship between natural and human resources and tells a story of expanding and contracting civil liberties that shifted over time from women and people of color to include the differently-abled and LGBT communities. It includes oral history as a key …

Guardianship Of Adults With Mental Retardation: Towards A Presumption Of Competence, Amie L. Bruggeman

Akron Law Review

Statutes should be revised so that people with varying levels of mental retardation are allowed to live as independently as they are able. To achieve this goal, legislators and members of the legal community must become aware of the nature of mental retardation, consider the individual personhood of one having this condition, and devise a legal framework with enough flexibility to accommodate both the individual and society. Ohio's guardianship laws and their relationship to adults with mental retardation require analysis. Although progress has been made in Ohio towards the goal of facilitating maximum enjoyment of independence, the present guardianship laws …

The Honorable Paul C. Weick - A Lenghty And Distinguished Tenure On The Court

Akron Law Review

I am pleased to join the Akron Law Review in the dedication of this issue to Judge Paul C. Weick. Judge Weick took senior status on December 31, 1981, after twenty-two years of active service on the United States Court of Appeals for the Sixth Circuit.

A Proposal For A Commissioned Corps Of Space Travelers, Paul F. Adams

Akron Law Review

The exploitive capabilities of the Space Shuttle include its ability to function as a reconnaissance or navigational satellite, a repair or resupply station for other satellites, or as a base station for building large structures in space. Additionally, senior officials of NASA strongly support the establishment of a permanently manned space station, of which shuttle technological capabilities would be an integral part. I As astronaut Robert Crippen said after the maiden flight of Columbia: "We are really in the space business to stay." While the new space technology is undergoing refinement and the imagination is simultaneously developing virtually unlimited uses …

Partner Capture In Public International Organizations, Christopher G. Bradley

Akron Law Review

The Article unfolds in four parts.

Part I discusses the changes that public-private partnerships have wrought on the landscape of international organization funding and describes, as an example, the expanding partnership activities of the United Nations. The U.N. recently established an Office for Partnerships, which grew out of a decade of extensive contact with Ted Turner’s U.N. Foundation. The U.N.’s experience illustrates the importance partners can have, not simply on specific projects but also in bringing large-scale structural change to organizations.

Part II unpacks the concept at the heart of this Article: partner capture. Drawing on principles of bureaucratic behavior …

Tokin Up In The 5280: Insight Into How Denver Police Officers Make Sense Of, And Define, Interpret, And React To The Legalization Of Marijuana, Kara K. Hoofnagle

Sociology & Criminal Justice Theses & Dissertations

Laws surrounding the possession, use, and distribution of marijuana have undergone many changes for over a century. Political pressures and social prejudices have most often been the cause of these changes, rather than scientific research or rational thinking. As a result, the law has sometimes lagged behind social practice as in the current case in much of the U.S., including Colorado. In such an environment, it often falls on a police officer's definition, interpretation, and reaction to the laws to determine the extent to which certain laws and sanctions are enforced. Drawing on the work of Weick (1976), this dissertation …

Adaptive Management And The Future Of Environmental Law, Eric Biber

Akron Law Review

Adaptive management is the new paradigm in environmental law. It is omnipresent in scholarship and management documents and is even starting to appear in court opinions. There have been many calls for environmental law to adapt itself to adaptive management by becoming more flexible and dynamic. But does adaptive management really warrant a revolution in environmental law? Or is it adaptive management that might need to adapt to the world of environmental law? There has been an abundance of scholarship on the strengths of adaptive management, making the case for changing environmental law to embrace adaptive management. But answering the …

Reviving The Declaratory Judgment: A New Path To Structural Reform, Emily Chiang

Buffalo Law Review

No abstract provided.

Busy Doing Nothing: An Exploration Of The Disconnect Between Gender Equity Issues Faced By Large Law Firms In The United Kingdom And The Diversity Management Initiatives Devised To Address Them, Savita Kumra

Fordham Law Review

    The Article has three parts: the first reviews the data showing women’s increased participation in the legal sector and assesses why increased participation has not led to inclusion at senior levels. The main barriers are macro and micro processes of social reproduction, poor access to mentors and influential business networks, and gender bias in society at large.

    In the second part, the response by large law firms is assessed. This has largely consisted of “business case” approaches to diversity management. The key characteristics of these approaches are presented, as is an overview of key practices adopted by large law firms. …