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No Child Left Confined: Challenging The Digital Convict Lease, Chaz P. Arnett

Journal of Health Care Law and Policy

The following is a lightly edited transcript of comments provided at the Journal of Health Care Law & Policy’s Spring Symposium entitled “Uneasy Alignments: The Mental Health Turn in The American Legal System.” This event was hosted on March 16, 2023, by University of Maryland Francis King Carey School of Law in collaboration with the University of Maryland School of Social Work’s Daniel Thursz Social Justice Lecture Series. The Symposium examined how legal systems, like child welfare and juvenile law institutions, use coercion to force engagement or compliance with often unproven therapeutic interventions. The presentation took on the question of …

Boiling Behind Bars: Exploring The Hidden Toll Of Extreme Heat On Mental Health In Texas Prisons, Sandra K. Miller

Social Work Theses - Archive

The State of Texas supports the largest prison system in the US and held 132,859 people in 100 units scattered across the state as of December 2023. Approximately 70% of Texas prison beds are not air conditioned, despite the state’s reputation for dangerously hot, humid summers. The State has officially recorded temperatures inside Texas prison facilities as high as 120 degrees with heat index values of over 150. Although there is a growing body of research on the negative physiological and psychological consequences of extreme heat among the general public, little is known about the physical and emotional toll of …

Between A River And A Wall: An Impossible Choice For Migrants Living Under Operation Lone Star And S.B. 4, Salimah Khoja, Paulina Leyva Hernandez

City University of New York Law Review

In 2023 the Texas legislature passed Senate Bill 4 (“S.B. 4”), which empowers state and local law enforcement agencies to engage in immigration enforcement by arresting and deporting migrants who are suspected of crossing the southern border. Anti-immigrant state laws like Texas’s S.B. 4 and Arizona’s Senate Bill 1070 (“S.B. 1070”) were created to test the limits of state power and limit the reach of federal immigration enforcement within the states. Legal challenges to state laws like S.B. 4 and S.B. 1070 demonstrate the ongoing tension between federal and state governments related to authority over immigration matters, even though immigration …

Self-Defense And Political Rage, Erin L. Sheley

Faculty Scholarship

This Article considers how American political polarization and the substantive issues driving it raise unique challenges for adjudicating self-defense claims in contexts of political protest. We live in an age where roughly a quarter of the population believes it is at least sometimes justifiable to use violence in defense of political positions, making political partisans somewhat more likely to pose a genuine threat of bodily harm to opponents. Furthermore, the psychological literature shows that people are more likely to perceive threats from people with whom they politically disagree and that juries tend to evaluate reasonableness claims according to their own …

Political Neutrality In The Rules Of International Sports Federations: Compatible With Fundamental Freedoms?, Ilias Bantekas

Fordham Intellectual Property, Media and Entertainment Law Journal

International sports federations celebrate and impose strict political neutrality in their institutional rules. Such neutrality is inconsistent with the individual rights of athletes to freedom of expression and peaceful assembly. The contractual basis of such restriction is irrelevant because fundamental rights are constitutionally entrenched and cannot be limited by contract or law, save for if the expression incites to violence, hatred, discrimination or is otherwise inconsistent with criminal law. There is no empirical evidence suggesting that restricting the political expression of influential athletes leads to generalized political or other violence. Instead, it is clear that international sports federations, and particularly …

The Historical Regulation Of Intoxicated Firearms Possession And Carry: A Response To F. Lee Francis’S Armed And Under The Influence: The Second Amendment And The Intoxicant Rule After Bruen, Mark Anthony Frassetto

Marquette Law Review

Recently, the Marquette Law Review published Armed and Under the Influence: The Second Amendment and the Intoxicant Rule After Bruen by Professor F. Lee Francis. In that article, Professor Francis provocatively argues that the Second Amendment protects the right of intoxicated people to carry guns in public. Francis argues that, under the history-focused framework for deciding Second Amendment cases laid out by the Supreme Court in Bruen, there is an insufficient historical tradition to support prohibiting intoxicated people from carrying arms in public. Francis is wrong about the historical tradition. The historical tradition of regulating the intersection of guns and …

Encryption Backdoors And The Fourth Amendment, Robert M. White

Marquette Law Review

The National Security Agency (NSA) reportedly paid and pressured technology companies to trick their customers into using vulnerable encryption products. This Article examines whether any of three theories removed the Fourth Amendment’s requirement that this be reasonable. The first is that a challenge to the encryption backdoor might fail for want of a search or seizure. The Article rejects this both because the Amendment reaches some vulnerabilities apart from the searches and seizures they enable and because the creation of this vulnerability was itself a search or seizure. The second is that the role of the technology companies might have …

Roots Of The Living Tree: The Growth Of Constitutional Interpretation In Canada, The Honourable Suzanne CôTé

Marquette Law Review

None.

Court Review: Journal Of The American Judges Association, Vol. 60, No. 4, Eve M. Brank, David J. Dreyer, David Prince

Court Review: Journal of the American Judges Association

Wrapping Up Our Anniversary Series and Seeking the Courage to Learn, David Prince

What Do the Findings from NCSC’s Six Public Opinion Surveys Mean for Judges? David B. Rottman

Observations from NCSC’s State of the State Courts Public Opinion Surveys, Jesse Rutledge

Fiction with Potential Repercussions: An Update on the CSI Effect, Melissa Corbett and Veronica Stinson

Fact or Fiction? The Myth and Reality of the CSI Effect, Stephen M. Smith, Veronica Stinson, and Marc W. Patry

A Fractured Supreme Court: Select Criminal Law and Procedure Cases from the Supreme Court’s 2023-24 Term, Eve Brensike Primus and Jordan Schuler

Editor’s …

Legal Endearment: An Unmarked Barrier To Transforming Policing, Public Safety, And Security, Emmanuel Mauleón

Articles

The problems of racialized policing have come into renewed focus over the past decade. The advent of viral bystander videos has not only forced a popular confrontation with moments of both routine and extraordinary policing violence but also sparked protests, uprisings, and grassroots movements to challenge current practices in policing and determine what must be done to transform it. And yet, even after the mobilization of one of the largest racial justice movements in American history, transformative change remains elusive. This Article offers an answer to this puzzle by foregrounding White people’s collective relationship with policing and describing how this …

On The Importance Of Listening To Crime Victims . . . Merciful And Otherwise, Paul Cassell

Utah Law Faculty Scholarship

What role should mercy play in the criminal justice system? While several of the other symposium’s articles here in the Texas Law Review argue for expanding mercy’s role, I write to raise a cautionary note. Expanding mercy could potentially conflict with another important feature of contemporary criminal justice: the expanding role of crime victims. Because considerations of mercy focus exclusively on the offender, greater attention to mercy necessarily means less attention to victims. This change in focus would be at odds with a broadly advancing crime victims’ movement in this country and, indeed, in many countries around the world. This …

Prosecutorial Data Transparency And Data Justice, Perry Moriearty

Articles

The U.S. criminal legal system is notoriously racialized. Though Black and Latinx people make up less than 30% of U.S. residents, they constitute more than 50% of the nearly two million people currently in U.S. prisons and jails. For decades, research has indicated that one group of decision-makers has had an outsized influence on these numbers: prosecutors. From whom to charge to what sentences to recommend, no actor plays a greater role in determining who goes to prison in this country. Highly subjective and lacking in formal guidance and accountability, prosecutorial decisions are especially vulnerable to racial bias. They are …

Why Mass Incarceration Is Uniquely American, Michael Tonry

Articles

Mass incarceration, among Western countries a uniquely American phenomenon, resulted from a transformation of American criminal justice systems. Indeterminate sentencing systems in which legislatures established maximum sentences, prosecutors processed cases, judges decided who went to prison, and parole boards decided how long people stayed there were replaced by determinate systems in which legislatures prescribed minimum sentences, prosecutors made the key charging and sentencing decisions, judges processed cases and sentenced minor crimes, and parole boards lost much of their authority. Parole boards and judges become largely irrelevant whenever prosecutors file charges subject to mandatory sentence, three-strikes, truth-in-sentencing, and life without parole …

Chicago Must End The Use Of Shotspotter To Protect Human Rights, Sarah Dávila

Faculty White Papers

No abstract provided.

Rule Of Law As A Law Of Rules: A Template For A Sustainable Foreign Investment Protection System, Divesh Kaul

Loyola University Chicago International Law Review

This article evaluates the relationship between rule of law and the foreign investment protection system. It illustrates that practice under foreign investment law presents the mechanism to appraise international rule of law principles. This work argues that rule of law not only provides a basis for the organization of public power but also sustains a minimum threshold of justice. A globalized rule of law, lying at the intersection of international law and economic globalization, provides the foundation of a minimum threshold and normative expectation for the international minimum standard with a focus on justice and individual rights. Accordingly, this work …

Automated Stategraft: Electronic Enforcement Technology And The Economic Predation Of Black Communities, Sonia Gipson Rankin, Melanie E. Moses, Kathy Powers

Faculty Scholarship

Automated traffic enforcement systems disproportionately impact Black communities in the United States. This Essay uncovers a troubling reality: while technologies such as speed cameras and red light cameras are often touted as tools for public safety by the National Highway Safety Transportation Administration, they disproportionately burden Black and Hispanic neighborhoods. The authors coin the term “automated stategraft” to describe this phenomenon—an insidious process that siphons financial resources from already vulnerable groups under the guise of law enforcement. In doing so, it exacerbates economic disparities and erodes trust in legal and governmental institutions.

This Essay delves into the biases inherent in …

Market Versus Policy Responses To Novel Occupational Risks, Robert J. Kramer, Elissa Philip Gentry, W Kip Viscusi

Scholarly Publications

The unprecedented occupational risks posed by the COVID-19 pandemic prompted employers to boost wages and federal authorities to propose hazard pay policies. This article estimates a market-based compensating differential for workers facing elevated risks through contact with the public using CPS employment data for 2019–2020 and occupational characteristic data from the US Department of Labor’s Occupational Information Network. The estimated premium for exposure was roughly $820 overall and $1000 for essential workers. These premiums fall short of those proposed—but not enacted—by the federal government and are more commensurate with estimates of the value of a statistical life than were the …

Evaluating Superfund Effectiveness And Community Engagement: Smurfit-Stone Mill Case Study, Abigail M. Sherwood

Undergraduate Theses, Professional Papers, and Capstone Artifacts

The Smurfit-Stone Mill operated in Frenchtown, MT from 1957 until 2010, releasing toxic pollutants into the Clark Fork River and surrounding areas. Despite environmental protests since the 1960s, substantive action to remedy environmental damage did not occur until 2015. Stakeholders including local residents, Indigenous tribes, Missoula County, and environmental non-profits have advocated for comprehensive site characterization, a timely cleanup, and robust community engagement. While residents and visitors contend with elevated toxins in fish tissue, prompting a 100-mile fish consumption advisory near the Smurfit-Stone Mill, the Environmental Protection Agency is several years away from determining the scope of a reclamation. Community …

Rules & Laws For Civil Actions: 2024 Ed., Stella Burch Elias, Derek T. Muller, Jason Rantanen, Caroline Sheerin, Maya Steinitz

Books

2024 Edition

Rules and Laws for Civil Actions is an open-access resource for law students containing the U.S. Constitution, Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Appellate Procedure, and selected federal and state statutes. The book was created by a team of faculty members at the University of Iowa College of Law to supplement the study of Civil Procedure, Evidence, Constitutional Law, and other law school courses. In addition to containing the official text, each legal source found in Rules and Laws for Civil Actions is accompanied by an introductory section written by an Iowa …

The Warrant Impact Study: Evaluating The Effects Of Bench Warrants On Individuals And Communities, Patrick C. Brayer

Faculty Works

No abstract provided.

Curbing Gun Violence Under Plcaa And Bruen: State Attorney General–Driven Solutions To The Surging Epidemic, David Lamb

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

Dead Bodies As Quasi-Persons, Ela A. Leshem

Faculty Scholarship

No abstract provided.

Collateral Consequences Of Conviction: The Current Inequality In Courts’ Consideration Of The“Side Effects” Of Federal Sentencing, Olivia Johnnene

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Trials Of Bail: Pre-Trial Presumption Of Innocence Under The Unlawful Activities (Prevention) Act, 1967 And General Criminal Laws, Radhika Chitkara

National Law School of India Review

The crisis of undertrial prisoners in India, constituting three-fourths of the total prison population, has occasioned a normative recognition of the relationship between bail and the presumption of innocence (‘PoI’). The same recognition, however, does not extend to special criminal laws such as the UAPA, where almost every single prisoner is an undertrial on account of provisions prohibiting grant of bail. With a focus either on outcomes (prison population) or exceptions (national security considerations), the jurisprudential relationship between bail and PoI per se remains underexplored under both the general and special criminal legal regimes. At issue is the ‘thin’ conception …

Special Challenges In The Execution Of Arbitral Awards In India In Public- Private Partnerships: A Trade Perspective, Srividhya Ragavan, Niraj Kumar Seth

National Law School of India Review

With around 47 million pending cases at various stages of Indian judiciary and one of the lowest levels of judges per million of population in the world, India’s arbitration regime presents a ray of hope for millions of Indians who face the prospect of justice being denied to them due to inordinate delays caused by a clogged judicial pipeline. The enactment of the Arbitration and Conciliation Act, 1996 was presented as a viable alternative to resolving commercial disputes in a timely manner. This paper uses a case study to discuss how arbitration in India has not fulfilled the timeliness promise …

Satellites Crash, Laws Clash: A Legal Framework For The Imminent Space Debris Catastrophe, Michael Conklin

Catholic University Journal of Law and Technology

No abstract provided.

Naloxone And Methadone Access In Tribal Communities, Philomena Kebec

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

The Future Of Jacobson V. Massachusetts And Modern Substantive Due Process For Public Health Preparedness, Helen S. Webster

Saint Louis University Journal of Health Law & Policy

Both the threat of public exposure to Ebola in the United States in 2014 and the COVID-19 pandemic beginning in 2020 prompted states to impose quarantine and mask mandates, among other responses, to protect the public’s health. When these state actions were eventually challenged on substantive due process grounds in courts across the nation, judges struggled to determine which legal test applied when reviewing the constitutionality of the state actions. On one hand, courts considered the precedent set forth in Jacobson v. Massachusetts, a 1905 Supreme Court case that upheld a Massachusetts vaccine mandate as a valid exercise of …

The Supreme Court’S Access To Court Decisions In 2023-2024, Jane Perkins, Amanda Avery, Arielle Linsey, Sarah Somers

Saint Louis University Journal of Health Law & Policy

The Supreme Court’s 2023–24 Term produced a number of controversial decisions, affecting everything from where unhoused people can sleep to the president’s absolute immunity. In this Article, we discuss significant decisions that have implications for access to court for civil litigants, focusing on a trio of decisions that curtail the power of administrative agencies. Also highlighted are decisions that address jurisdiction, standing and mootness, sovereign immunity, statutory construction, due process, and equal protection. We close with a brief preview of cases before the Court during the 2024–2025 Term.

Exploring The Intersectional And Spatial Implications Of The Police Power To Search Dwellings Incident To Lawful Arrest: A Comment On R. V. Stairs, Danardo S. Jones

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper examines whether the Supreme Court of Canada’s decision in R. v. Stairs to alter the baseline police power to conduct searches incident to lawful arrest adequately addresses issues of intersectionality and spatiality. The paper’s principal focus is on race and class, which is analyzed through the lens of critical theories around race and space/spatialization, drawing on Black geographies and Critical Race Theory (“CRT”). It will also consider critical legal theories that urge us to conduct a distributional analysis of the differential impacts of legal standards. Importantly, the paper considers how courts do and should conceptualize privacy and domesticity …