Digital Commons Network^™

Vindicating The Right To Be Heard: Due Process Safeguards Against Government Interference In The Clemency Process, Jay Clayton

University of Chicago Law Review

No abstract provided.

Law School Record, Vol. 67, No. 2 (Spring 2021), Law School Record Editors

Law School Record

• Message from the Dean
• Power in Numbers
• Colloquia in the Time of Covid-19
• Eight Clerks for Eight Judges
• Building Community and Supporting Each Other
• Professor Martha C. Nussbaum Awarded 2021 Holberg Prize
• Professor Douglas Baird Named Chair of the National Bankruptcy Conference
• Faculty News
• Alumni News
• Development News
• In Memoriam

Competing Algorithms For Law: Sentencing, Admissions, And Employment, Saul Levmore, Frank Fagan

University of Chicago Law Review

Algorithms have found their way into courtrooms, college admission committees, and human resource departments. While defendants and other disappointed parties have challenged the use of algorithms on the basis of due process or similar objections, it should be expected that they will also challenge their accuracy and attempt to present algorithms of their own in order to contest the decisions of judges and other authorities. The problem with this approach is that people who can transparently see why they have been algorithmically denied rights or resources can manipulate an algorithm by retrofitting data. Demands for full algorithmic transparency by policy …

Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola, Chelsea Kehrer, Hannah Abrahams

Global Human Rights Clinic

No abstract provided.

Valuation Blunders In The Law Of Eminent Domain, Richard Epstein

Articles

No abstract provided.

Competing Algorithms For Law: Sentencing, Admissions, And Employment, Saul Levmore, Frank Fagan

Articles

No abstract provided.

Discovering Racial Discrimination By The Police, Alison Siegler

Articles

No abstract provided.

The Other American Law, Elizabeth Reese

Articles

No abstract provided.

The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse

Articles

No abstract provided.

The Performance Of Africa's International Courts: Using Litigation For Political, Legal, And Social Change, Tom Ginsburg

Articles

No abstract provided.

Rethinking Prosecutorial Discretion In Immigration Enforcement, Nicole Hallett

Articles

Prosecutorial discretion in immigration enforcement stands at a crossroads. It was the centerpiece of Obama's immigration policy after efforts to pass comprehensive immigration reform failed. Under the Trump administration, it was declared all but dead, replaced by an ethos of maximum enforcement. Biden has promised a return to the status quo ante, but the record of using prosecutorial discretion to accomplish humanitarian goals in immigration enforcement under Obama was, at best, mixed. Moreover, it is unclear whether Biden can depend on the availability of programs such as Deferred Action for Childhood Arrivals (DACA), Obama's signature prosecutorial discretion program. Although the …

Police Deception In Interrogation As A Problem Of Procedural Legitimacy, Margareth Etienne, Richard Mcadams

Articles

No abstract provided.

The Discrete Charm Of Leveling Down, Aziz Z. Huq

Public Law and Legal Theory Working Papers

Starting from Justice Ginsburg’s 2017 opinion in Sessions v. Morales-Santana, this essay explores the choice between ‘leveling up’ and ‘leveling down’ as a response to an unlawful difference in the legal treatment of two distinct groups. That problem can arise in the Equal Protection, Free Speech, Free Exercise, and Dormant Commerce Clause contexts. My analysis starts by defining the idea of a ‘leveling down’ disposition in the context of a constitutional equality claim. After exploring analogies in other areas of constitutional law, I turn to two alternative ways of analyzing and solving the leveling-down disposition—one through the lens of Article …

Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah S. Abrahams

Public Law and Legal Theory Working Papers

No abstract provided.

Artificial Intelligence And The Rule Of Law, Aziz Z. Huq

Public Law and Legal Theory Working Papers

This chapter examines an interaction between technological shocks and the “rule of law.” It does so by analyzing the implications of a class of loosely related computational technologies termed “machine learning” (ML) or, rather less precisely “artificial intelligence” (AI). These tools are presently employed in the pre-adjudicative phase of enforcing of the laws, for example facilitating the selection of targets for tax and regulatory investigations (Coglianese and Lehr, 2016). They are also increasingly used during adjudication, for example, to facilitate and guide determinations of individual violence risk during pretrial bail determinations (Huq, 2019). Predictions of a general displacement of human …

The Law Of Democratic Disqualification, Tom Ginsburg, Aziz Z. Huq, David Landau

Public Law and Legal Theory Working Papers

Almost all constitutions, including our own, include one or several ways to disqualify specific individuals from political office. The U.S. Constitution, indeed, incorporates no less than four overlapping pathways toward disqualification. This power of retail disqualification stands at the heartland of the complex project of democratic rule. In practice, it works both an instrument for preserving democratic rule, and also a knife against it. This Article is the first to analyze systematically the complex positive and normative questions raised by disqualification. It offers both a positive account of the function that disqualification plays in constitutional ordering, and a normative account …

Immigration, Retaliation, And Jurisdiction, Daniel E. Simon

University of Chicago Legal Forum

No abstract provided.

Defending Speech Crimes, Judith P. Miller

University of Chicago Legal Forum

No abstract provided.

California’S Proposition 47 And Effectuating State Laws In Federal Sentencing, Brenna Ledvora

University of Chicago Law Review

Proposition 47 is a California voter initiative that reduced possessory drug offenses and minor thefts from felonies to misdemeanors. The law allows individuals to retroactively reclassify their convictions and mandates that these convictions shall be considered misdemeanors “for all purposes.” Under California law, reclassified convictions cannot be predicate felonies for future state sentencing enhancements. However, federal courts have held that reclassified convictions still constitute prior convictions for federal sentencing enhancements. Thus, these convictions still trigger felony-based enhancements. This Comment argues that this result is not mandated by Supreme Court precedent and that it conflicts with California’s intent to ameliorate the …

Law School Record, Vol. 67, No. 1 (Fall 2020), Law School Record Editors

Law School Record

• Message from the Dean
• The Unexpected Experiment
• How Covid-19 Could Change the Law
• Law School Welcomes Five New Scholars
• Law School Revises 1L Curriculum
• Building Bridges
• Graduation 2020
• Faculty News
• Development News
• Alumni In Memoriam
• Alumni in Memoriam - Elle D’Amore, ‘22, 1993-2020
• Meet the Class of 2023

Law School Announcements 2020-2021, Law School Announcements Editors

Announcements

• Officers and Faculty
• The Law School - History
• Programs of Instruction
• Curriculum
• Student Activities and Organizations
• Funds and Endowments

An Institution “At Arm’S Length”: Reconsidering Supervisory Power Over The Federal Grand Jury, Rebecca Gonzalez-Rivas

University of Chicago Law Review

Grand jury proceedings are shrouded in secrecy. No judge presides over them, no reporter annotates them, and when they have concluded, no juror may speak about them. While secrecy serves many important functions for the grand jury, its veil may be lifted under certain circumstances. Grand jury records may be released if they fall under a disclosure exception laid out in Federal Rule of Criminal Procedure 6(e). While some courts limit release to the exceptions laid out in the Rule, others look to an alternative source of authority.

Several courts of appeals have held that district court judges may exercise …

Available, Granted, Revoked: A New Framework For Assessing Unauthorized Access Under The Computer Fraud And Abuse Act, Samuel Kane

University of Chicago Law Review

The Computer Fraud and Abuse Act (CFAA) criminalizes a broad range of conduct related to the compromise of computer systems. Specifically, the CFAA prohibits unauthorized access to computer systems, defining such access as that which occurs “without authorization” or in a manner that “exceeds authorized access.” Courts interpreting the meaning of unauthorized access under the CFAA have diverged into two camps. On one side, proponents of the broad approach argue that the CFAA unauthorized access inquiry should focus on access purpose, assessing whether a given access was conducted for a purpose authorized by the computer owner. On the other side, …

Penalty Default Rules For Digital Searches: Why Courts Should Spur Legislative Action Via Second-Order Regulation, Meghan Holloway

University of Chicago Law Review

We live in a data-rich age. But Fourth Amendment doctrines have failed to adapt to our current reality. Legal principles that evolved to cabin the scope of physical searches seldom constrain searches of digital devices. As a result, a warrant to search a digital device gives police officers unfettered access to all of our information. While many scholars have argued that courts should address this problem by adopting rules that directly limit the scope of digital searches, this Comment argues that some courts have already eschewed this approach in favor of rules that encourage legislatures to regulate digital searches. Legislative …

Law School Record, Vol. 66, No. 2 (Spring 2020), Law School Record Editors

Law School Record

• Message from the Dean
• A Dream Deferred, Advanced, and Remembered
• The Boldness of the Bigelow Fellowship
• Listening across Differences
• 'Ultimate Flexibility'
• Promise and Possibility
• The Cartoonists' Guide to Law
• Faculty News: Book published by Todd Henderson and Salen Churi - The Trust Revolution: How the Digitization of Trust Will Revolutionize Business and Government
• Alumni News: Books Published by Alumni in 2019
• Development News: Message from the Associate Dean of External Affairs
• Development News: Kraus-Weigle Fund Stems from an Entire Family's Commitment to Public Service
• Alumni in Memoriam

Some Doubts About “Democratizing” Criminal Justice, John Rappaport

University of Chicago Law Review

The American criminal justice system’s ills are by now so familiar as scarcely to bear repeating: unprecedented levels of incarceration, doled out disproportionately across racial groups,and police that seem to antagonize and hurt the now-distrustful communities they are tasked to serve and protect. Systemic social ailments like these seldom permit straightforward diagnoses, let alone simple cures. In this case, however, a large, diverse, and influential group of experts—the legal academy’s “democratizers”—all identify the same disease: the retreat of local democratic control in favor of a bureaucratic “machinery” disconnected from public values and the people themselves. Neighborhood juries, for example, internalize …

#Metoo As Catalyst: A Glimpse Into 21st Century Activism, Jamillah Bowman Williams, Lisa Singh, Naomi Mezey

University of Chicago Legal Forum

No abstract provided.

Unofficial Reporting In The #Metoo Era, Deborah Tuerkheimer

University of Chicago Legal Forum

version 2

The Rules Of #Metoo, Jessica A. Clarke

University of Chicago Legal Forum

No abstract provided.

Submission To The Special Rapporteur: Reports Of Abuse Of Migrant Children In U.S. Custody And Oversight Failures, University Of Chicago Law School - Global Human Rights Clinic

Global Human Rights Clinic

No abstract provided.