Digital Commons Network^™

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Second Thoughts About Stun Guns, Rene Reyes

Washington and Lee Law Review Online

The Massachusetts Supreme Judicial Court (“SJC”) recently declared that the Commonwealth’s statutory ban on stun guns violates the Second Amendment to the U.S. Constitution. The SJC had previously upheld the statute against constitutional challenge in Commonwealth v. Caetano, but the reasoning behind this holding was rejected in a brief per curium opinion by the U.S. Supreme Court in 2016. However, the guidance given by the Supreme Court in the Caetano litigation was far from unambiguous: it faulted the SJC’s reasoning without opining on the ultimate question of the ban’s constitutionality, thus leaving open the possibility that the statute could pass …

A Lesson From Goodfellas: Why Current Illinois Consideration Based Pension Reform Proposals Still Fail, Lari A. Dierks

Northwestern Journal of Law & Social Policy

No abstract provided.

No Child Left Behind Bars: Suspending Willful Defiance To Disassemble The School-To-Prison Pipeline, Danielle Dankner

Loyola of Los Angeles Law Review

With the criminalization of school discipline and the subsequent increased involvement between students and the juvenile justice system, a path from school to prison became entrenched. Public schools across the nation continued to increase their reliance on punitive disciplinary measures to punish a range of behaviors. Through these measures, schools began to perceive pushed out students as problematic, despite the lack of evidence supporting the efficacy of such policies. Due to school disciplinarians’ implicit bias when enforcing exclusionary policies, students of color and students with disabilities are most at risk. In the hopes of alleviating the devastating effects of the …

Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Rethinking Bail Reform, Wendy R. Calaway, Jennifer M. Kinsley

University of Richmond Law Review

The issue of pretrial detention is part of a larger, national conversation on criminal justice reform. However, no single issue permeates the landscape of criminal justice like the treatment of pretrial defendants. The policies and practices around pretrial detention have contributed to the country’s mass incarceration numbers; created a crisis for local jail management; generated unsustainable budgets; and raised important questions about race, class, and the constitutional implications of incarcerating people because they are too poor to pay a money bond. Legal scholars have written about the issue, highlighting the inequities and constitutional difficulties with such a system. Much of …

Rapid Dna Testing And Virginia's Rape Kit Backlog: A Double-Edged Sword Masquerading As A Miracle, Or The Future Of Forensic Analysis?, Emma C. Greger

University of Richmond Law Review

While Rapid DNA technology has the potential to revolutionize every aspect of the criminal justice system, from arrest to the postconviction appeals process, there has been particular excitement centered around its potential to reduce the rape kit backlog.

Enforcing Statutory Maximums: How Federal Supervised Release Violates The Sixth Amendment Rights Defined In Apprendi V. New Jersey, Danny Zemel

University of Richmond Law Review

The Sixth Amendment commands that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.” Trial by a jury of one’s peers is a fundamental American legal right, existing in the earliest colonies before being codified in both Article III of the Constitution and the Sixth Amendment. The jury trial right derives from “the mass of the people,” ensuring that “no man can be condemned of life, or limb, or property, or reputation, without the concurrence of the …

Cities, Government, Law, And Civil Society, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

This Article develops a first iteration of a locality-centered account of civil society and the role for government and law within it. I examine a particular municipality—the City of Pittsburgh—to provide a concrete example from which to generate ideas and judgments about the terrain and content of this localist account. While it may seem startling to approach the large goal of providing a generalizable account of civil society and municipal agency from a review of one U.S. city, I believe that doing so keeps the account grounded in particularities that highlight the very concrete ways in which civil society both …

Riparian Rights And Public Trust: Enforcement Authority, Reeana Keenen

Virginia Coastal Policy Center

In Virginia, private landowners own the land to the Mean Low Water mark (“MLW”), whereas in many coastal states private landowners only own to the high water mark. The bottomlands channelward of the MLW mark in Virginia are governed by the Public Trust Doctrine, meaning that the state holds this land in trust for use by the public. However, use conflicts can arise where private landowners own property adjacent to publicly owned property or where public easements run through private property adjacent to public beach access points.

This Paper will provide a summary of the law regarding private and public …

The Preparedness Piñata: Knocking Out The Problems In Texas's Emergency Management Legal Framework To Enhance Performance At The Local Level, William S. Gribble

Student Scholarship

Texas has a very comprehensive emergency management program that should be the envy of every state in the union. However, the manner in which we as a profession have achieved this may have inadvertently circumvented the proper administrative law procedures required in Texas. This has likely caused Texas to accidently engage in ad hoc rulemaking that--if left as is--could set the conditions to create a damaging friction between the state and municipal governments. That friction would erode the interoperability necessary to protect property and to save lives during a disaster. This Article provides: (1) a brief history of the development …

University Of Baltimore Law Forum, Volume 48, Number 2 (Spring 2018)

University of Baltimore Law Forum

No abstract provided.

Baltimore City Schools Need Many Things - A Personal Police Force Is Not One Of Them, Kelli L. Cover

University of Baltimore Law Forum

No abstract provided.

What's The "Use": Vehicle Maintenance Liability Barred By Sovereign Immunity Amendment Intended To Promote Waiver, Clayton Kendrick

Mercer Law Review

Local government is an active participant in most communities. It picks up trash weekly, keeps tap water clean, and keeps citizens safe. Local government is the cog that keeps communities running smoothly, and as such, is afforded certain protections. One of those protections is the protection from lawsuits brought by citizens. This is known as the doctrine of sovereign immunity. While local government reaches out into the community to keep citizens comfortable and safe, sovereign immunity keeps citizens from reaching in and exposing the government to liability. At times, however, these protections can seem unjust. In 2002, the Georgia General …

Tax Increment Financing In Maine, Michael G. Walker

Maine Law Review

Tax Increment Financing ("TIF") is a statutorily authorized mechanism which enables municipalities to earmark the property tax revenue from designated areas to pay for things such as infrastructure improvement. Lately, Maine municipalities have been using TIF to refund tax revenues directly to private developers in an effort to attract new business. This Comment will begin by briefly explaining the development of TIF in the United States and how it has evolved over time. It will then summarize how TIF works in Maine and the criticism and praise it has received throughout its existence. Next, it will look at research examining …

Sb 160 - "Blue Lives Matter" Protection Of Public Safety Officers, Caitlin V. Fox, Joseph A. Wallace Jr.

Georgia State University Law Review

The Act redefines and broadens protection for public safety officers who are subjected to violent attacks while engaged in their duties. The Act creates original jurisdiction and stiffens penalties for juvenile offenders charged with violent crimes. The Act also increases indemnification payments made to the surviving spouse of a law enforcement officer who loses his or her life in the line of duty.

Re-Assessing Mass Incarceration In Light Of The Decriminalization Of Marijuana In Maryland, Matthew R. Braun

University of Baltimore Law Forum

No abstract provided.

Rapid Dna Testing And Virginia's Rape Kit Backlog: A Double-Edged Sword Masquerading As A Miracle, Or The Future Of Forensic Analysis?, Emma C. Greger

Law Student Publications

While Rapid DNA technology has the potential to revolutionize every aspect of the criminal justice system, from arrest to the postconviction appeals process, there has been particular excitement centered around its potential to reduce the rape kit backlog.

Changing Hearts, Minds, And Structures: Advancing Equity And Health Equity In State Government Policies, Operations, And Practices In Minnesota And Other States, Susan R. Weisman, Ayah Helmy, Vayong Moua, Julie Ralston Aoki

Mitchell Hamline Law Review

No abstract provided.

Incarcerating The Accused: Reforming Bail For The Pretrial Detention Of Juveniles And Youths Aged Eighteen To Twenty-One, Leigha A. Weiss

Journal of Civil Rights and Economic Development

(Excerpt)

This note addresses the injustice of pretrial detention on juveniles, minors, and youths aged eighteen to twenty-one, in New York State. This note will address juveniles, aged eighteen to twenty-one, who are subject to criminal proceedings in adult criminal court and incarceration in adult criminal facilities as well as juveniles or minors below the age of criminal responsibility who are subject to juvenile delinquency proceedings and incarceration in juvenile detention facilities. So many youths are in unnecessary detentions under horrific conditions in adults and juvenile correctional facilities across the country. Serious bail reform is long overdue to provide humane …

A Tale Of Two Sovereigns: Federal And State Use And Regulation Of Unmanned Aircraft Systems, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Despite claims to the contrary, the federal government is severely limited in what it can do to regulate unmanned aircraft systems (UASs). States, on the other hand, as governments of general jurisdiction, have expansive powers that they are already using to grapple with the questions posed by UAS related to privacy, crime, and public safety. This chapter outlines the evolution of federal measures, noting their limitations, before delving into three categories of state law, related to law enforcement, criminal measures, and regulatory regimes. The chapter then turns to the history of state sovereignty, looking at states’ jurisdiction over persons and …

Deconstructing Sanctuary Cities: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Effect Of Occupational Licensing On Wages And Employment: Evidence From Electricians And Massage Therapists, Matt Shafer

MPA/MPP/MPFM Capstone Projects

No executive summary.

Municipal Wi-Fi And The Third-Party Doctrine: Rethinking An Antiquated Framework, David Forrest

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The "Scourge" Of Armed Check Fraud: A Constitutional Framework For Prohibited Possessor Laws, Jeffrey Giancana

University of Michigan Journal of Law Reform

Prohibited possessor statutes have been a part of American law for decades. Put simply, these laws prohibit any person who has been convicted of a felony from possessing a firearm, a prohibition that lasts for the felon’s entire life. The Supreme Court’s modern Second Amendment jurisprudence has held that the right to possess a firearm is a fundamental individual right. In light of this new paradigm, the constitutionality of such broad prohibitions must be called into question—despite the eagerness of courts across the country to dismiss such challenges by pointing to a single line in Heller. This Note challenges the …

Sanctuary Networks And Integrative Enforcement, Ming Hsu Chen

Publications

My intended focus is on the widespread response--in cities, churches, campuses, and corporations that together comprise "sanctuary networks"--to the Trump Administration's Executive Order 13768 Enhancing Public Safety in the Interior of the United States as an instance of the changing relationship between federal, local, and private organizations in the regulation of immigration. After briefly covering the legal background of the Trump Interior E.O., the focus of the Article shifts to the institutional dynamics arising in communities. These institutional dynamics exemplify the beginnings of a reimagined immigration enforcement policy with a more integrative flavor.

Preemption And Commandeering Without Congress, Jessica Bulman-Pozen

Faculty Scholarship

In a time of polarization, states may introduce salutary pluralism into an executive-dominated regime. With partisan divisions sidelining Congress, states are at once principal implementers and principal opponents of presidential policies. As polarization makes states more central to national policymaking, however, it also poses new threats to their ability to act. This Essay cautions against recent efforts to preempt state control over state officials and to require states to follow other states’ policies, using sanctuary jurisdictions and the pending federal Concealed Carry Reciprocity Act as examples.

The Challenge Of The New Preemption, Richard Briffault

Faculty Scholarship

The past decade has witnessed the emergence and rapid spread of a new and aggressive form of state preemption of local government action across a wide range of subjects, including among others firearms, workplace conditions, sanctuary cities, antidiscrimination laws, and environmental and public health regulation. Particularly striking are punitive measures that do not just preempt local measures but also hit local officials or governments with criminal or civil fines, state aid cutoffs, or liability for damages, as well as broad preemption proposals that would virtually end local initiative over a wide range of subjects. The rise of the new preemption …

Responding To Nuisance Flooding Of Coastal Highways: Options For Municipalities, Olivia Thompson, Joseph Bingaman, Marine Affairs Institute, Roger Williams University School Of Law

Sea Grant Law Fellow Publications

No abstract provided.

A Guide To Understanding And Addressing Vacant Property In The City Of St. Louis, Dana M. Malkus

All Faculty Scholarship

The City of St. Louis has a serious vacant property challenge. Since the population peak in 1950, the City has experienced a 63% decline in population and now has one of the highest rates of vacancy in the nation.¹ The City has approximately 25,000 vacant properties.² Approximately 12,000 of these are owned by the Land Reutilization Authority (LRA) or other public agencies,³ which means that approximately 13,000 are privately owned. Most of those vacant properties
are concentrated in the north and southeast portions of the City.⁴ For a city of its size, the City has "an …