Digital Commons Network^™

China’S Sanctions And Rule Of Law: How To Respond When China Targets Lawyers, F. Scott Kieff, Thomas D. Grant

GW Law Faculty Publications & Other Works

The People’s Republic of China (PRC) has begun to use sanctions against people who speak out against its policies, including even lawyers in their ordinary work representing the interests of their clients. This paper explores the deleterious impact such sanctions can have on the entire legal profession, the broader community putatively served by the profession, and the rule of law.

Pretrial Disparity And The Consequences Of Money Bail, Miguel De Figueiredo, Dane Thorley

Faculty Articles and Papers

Catalyzed by the Black Lives Matter protests in 2020, support for criminal justice reform in the United States has become a groundswell, with reformers demanding an end to racial and socioeconomic disparities in all aspects of policing, prosecution, adjudication, and incarceration. While high-profile cases of police misconduct during arrest remain in the limelight, a growing and politically diverse chorus of voices is calling for change at the first point of contact between a defendant and the court system: the bail hearing. Bail decisions are highly consequential in terms of their scale and impact on the lives of defendants, their families, …

Non-Profit Organizations Should Prioritize Governance In Board Selection Decisions—Those That Prioritize Money May Pay Too Much, Heidi Grunwald, Daniel Isaacs

Fordham Journal of Corporate & Financial Law

Non-profit corporations must comply with federal tax laws, and their governing bodies must satisfy corporation law-based duties, but they are not subject to the regulatory requirements of publicly traded corporations. This discrepancy should be troubling, because the stakeholders of non-profit organizations are far more vulnerable than the typical investor. Accordingly, non-profit boards have a particularly strong need for good governance. However, our research shows that non-profit board members believe that board selection procedures prioritize giving over the ability to attract and retain members with attributes commonly associated with good governance. To address this problem, we argue that laws should require …

Sb 319: Chairman John Meadows Act, Diana S. Skowronski, Virginia Eith

Georgia State University Law Review

This Act removes the requirement to obtain a weapons carry license to carry concealed weapons in public spaces. The Act makes it lawful to carry a firearm in public so long as the individual is eligible for a license, has a license, or has a license in different state, and is not prohibited by law from possessing a firearm. Additionally, the Act applies the new licensing standard to provisions regarding the use or possession of a firearm in a park, historic site, or recreational area; courthouses, government buildings, and parking lots; at schools; by service members of the armed forces; …

Contracting Tools For Transportation Data, Suzanne Bell, Olivia Dworkin

Journal of Law and Mobility

Troves of transportation data can be, and are, produced by smart infrastructure. Municipalities collect various kinds of transportation data, including traffic information such as accidents, flows, and volumes; bicycle information such as bike counts; pedestrian information such as pedestrian counts; smart bus stop information; street mapping information; location information for traffic signals; mapping details such as the miles of city streets; and information on roadwork and infrastructure planning such as construction or road closures expected to affect traffic.

Governments, educational institutions, non-profit enterprises, and businesses find transportation data useful for purposes such as improving infrastructure, reducing traffic congestion, improving vehicle …

Prison Medical Deaths And Qualified Immunity, Andrea Craig Armstrong

Journal of Criminal Law and Criminology

The defense of qualified immunity for claims seeking monetary damages for constitutionally inadequate medical care for people who are incarcerated is misguided. According to the U.S. Department of Justice, medical illness is the leading cause of death of people incarcerated in prisons and jails across the United States. Qualified immunity in these cases limits accountability for carceral actors, thereby limiting incentives for improvements in the delivery of constitutionally adequate medical care. The qualified immunity defense also compounds other existing barriers, such as higher subjective intent standards and the Prison Litigation Reform Act, to asserting legal accountability of prison and jail …

Risk-Based Sentencing And The Principles Of Punishment, Christopher Lewis

Journal of Criminal Law and Criminology

Risk-based sentencing regimes use an offender’s statistical likelihood of returning to crime in the future to determine the amount of time he or she spends in prison. Many criminal justice reformers see this as a fair and efficient way to shrink the size of the incarcerated population, while minimizing sacrifices to public safety. But risk-based sentencing is indefensible even (and perhaps especially) by the lights of the theory that supposedly justifies it. Instead of trying to cut time in prison for those who are least likely to reoffend, officials should focus sentencing reform on the least advantaged who tend to …

Rethinking Prison For Non-Violent Gun Possession, Robert Weiss

Journal of Criminal Law and Criminology

Whatever the wisdom or folly of the belief, Americans who live in violence-affected neighborhoods often believe they need a gun for self-defense. Yet many are, due to age or criminal record, unable to legally possess a firearm. The result is a Catch-22 they describe as either being “caught with a gun . . . [or] dead without one.” Indeed, Chicago, Philadelphia, and other cities imprison thousands of mostly young, Black men each year for non-violent gun offenses. These offenses do not involve firing or wielding a gun, but simply being found in possession of one—commonly, during a routine traffic stop …

Parents Versus Parens Patriae: The Troubling Legality Of Germany's Homeschool Ban And A Textual Basis For Its Removal, Luke Julian

Emory International Law Review

The Romeikes, a family from Germany, sought to educate their children in accordance with their religious values. The family observed that no local schools educated children in alignment with their values. In response, the family sought an exemption from Germany’s homeschooling ban. In a string of court cases, Germany refused to accommodate the family’s request, finding that the parents’ right to educate their children in alignment with their values was outweighed by the state’s obligation to educate. With no recourse left in Germany, the parents petitioned the European Court of Human Rights to recognize their right to homeschool according to …

2022 Children's Legislative Report Card, Children's Advocacy Institute, University Of San Diego School Of Law

Children's Legislative Report Card

No abstract provided.

Good Intentions: Administrative Fiat And The General Welfare Exclusion, Samuel D. Brunson, Christian A. Johnson

Faculty Publications & Other Works

Since its introduction in 1913, the federal income tax has viewed income expansively, subjecting virtually all types of enrichment as gross income unless Congress explicitly exempted the income from taxation. But in the income tax’s second decade, the Bureau of Internal Revenue created an exception to the broad reach, an exception not grounded in any type of Congressional enactment. The Bureau’s practice of excluding certain benefits began innocuously in the late 1930s by excluding certain social security benefits from gross income. Over the decades, the IRS has used what it now refers to as the “general welfare exclusion” to exclude …

Witnessed From The Justice Bus: Covid Drove Equal Justice Off The Road, But Technology Grabbed The Wheel And Is Steering Us Into The Future, Jude Schmit, Rachel Albertson

Mitchell Hamline Law Review

No abstract provided.

Incrementalism And Police Reform, Stephen Rushin

Faculty Publications & Other Works

No abstract provided.

Deinstitutionalizing The “New Asylums”: Telepsychiatry In The United States Correctional System, Michelle Amartey

Student Works

No abstract provided.

Nj Bail Reform: Addressing Wealth Inequality But Not Racial Disparities, Joshua Rifkin

Student Works

No abstract provided.

No Shot, No School: The Case For Eliminating The Religious Exemption To Mandatory Vaccinations, Marc L. Rein

Student Works

No abstract provided.

Possible Solutions To School Resource Officer Over-Policing And Maintaining A Safer School Environment Without Police, Ryan Solfaro

Student Works

No abstract provided.

Amending §524(G) To Service Sexual Abuse Mass Torts In Bankruptcy, R. Alexis Harris

Student Works

No abstract provided.

Supreme Silence: Sros, The 4th Amendment, And The School-To-Prison Pipeline, Phillip Bryce Gonzalez

Student Works

No abstract provided.

To Prosecute Or Not To Prosecute: A Prosecutor’S Role In Decriminalizing Prostitution, Elisia M. Tadros

Student Works

No abstract provided.

West Egg Versus East Egg: The Superficial Distinctions And Double Standards Of Cannabis Use, Valerie L. Murphy

Student Works

No abstract provided.

A New Jersey Employer’S Guide: Testing For Cannabis In The Workplace, Sabrina R. Santamaria

Student Works

No abstract provided.

History Repeating: How Jim Crow-Type Laws Continue To Disenfranchise Black Women, Deanna Brizak

Student Works

No abstract provided.

Implications Of Indefinitely Stripping The Right To Bear Arms - Perpetrating Stigmas About Mental Illness And How The Sixth Circuit Got It Right, Matthew Starner

Student Works

No abstract provided.

The Effect Of Perjured Testimony On Due Process: Should Prosecutors Assume Their Witnesses Are Lying?, Nicholas D. Velez

Student Works

No abstract provided.

Back To Basics In Evaluating Belief, Nazila Ghanea

Emory International Law Review

The growing academic literature around freedom of thought, conscience, and religion has stretched the topic to many arenas and offered a detailed analysis of its relevance to numerous related concerns. It has, rightly, gone beyond a theoretical consideration as an individual right to also examining it within the community and society at large. This Article, however, assesses whether we need to return to ensuring that freedom of thought, conscience, and religion rest on a sufficiently close nexus with the conviction of particular claimant(s), and why this matters.

Data Governance Frameworks For Smart Cities: Key Considerations For Data Management And Use, Jennifer Johnson, Anna Hevia, Rebecca Yergin, Shayan Karbassi, Adira Levine, Jorge Ortiz

Journal of Law and Mobility

The proliferation of “smart technologies” has created significant opportunities to leverage data to improve everyday life across sectors. In cities around the world, local governments and private enterprises, often partnering together, have launched projects that integrate smart technologies with Internet of Things (“IoT”) capabilities into public spaces in order to promote efficiency, safety, mobility, and innovation. At the same time, smart cities must balance the need for robust data in order to achieve these benefits with public concerns regarding privacy and data use.

This paper examines the key attributes of smart cities, the essential role that data plays in fueling …

Promoting Female Sporting Opportunities Without Title Ix: The Spanish Experience, Stephen F. Ross, Maria Josefa García Cirac

Marquette Sports Law Review

No abstract provided.

Modelling Pretrial Detention, Melissa Hamilton

American University Law Review

Pretrial detention has become normative in contemporary criminal justice, rather than the exception to a rule of release for individuals not convicted of any crime. Even the opportunity for release with a bond amount often eludes the many individuals who are unable to afford, to pay. Defendants detained, pending trial suffer numerous negative consequences to their own legal cases, such as being more likely to feel pressured to plead guilty and to receive a prison sentence. The high numbers of those detained appear to disproportionately impact minorities and. have contributed to mass incarceration. As a. result, of these issues, the …

Treating For Two: Reforming Maternal Substance Abuse Policy, Katherine Drabiak

Health Matrix: The Journal of Law-Medicine

No abstract provided.