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The Persecution Of Stones: War Crimes, Law’S Autonomy And The Co-Optation Of Cultural Heritage, Timothy William Waters

Chicago Journal of International Law

In 1567, a bridge was built over a river in Bosnia—a bridge widely seen as a work of great beauty. In 1993, it was destroyed in a war. What did its destruction mean? Was it a crime—and which one? An assault on culture—and whose? Between 2004 and 2017, a trial held in The Hague sought to answer these questions. The way it did—the assumptions and categories the prosecutors and judges deployed, the choices they made—tells us something important about how law operates and how it appropriates other bodies of knowledge, whether in a now-obscure Balkan conflict or on the battlefields …

Contents / Editorial

University of Chicago Law Review

No abstract provided.

Assessing The Empirical Upside Of Personalized Criminal Procedure, Matthew B. Kugler, Lior Strahilevitz

Articles

No abstract provided.

Law School Record, Vol. 65, No. 2 (Spring 2019), Law School Record Editors

Law School Record

• Message from the Dean
• Leader, Advisor, and Colleague to All
• An Unexpected Path and a Devoted Champion
• Finding their Voices
• In Pursuit of Global Justice
• My Chicago Law Moment
• Alumni News: Books Published by Alumni in 2018
• Development News
• Alumni in Memoriam

Racial Equity In Algorithmic Criminal Justice, Aziz Huq

Articles

No abstract provided.

Segregation By Citizenship, Emma Kaufman

Articles

No abstract provided.

Assessing The Empirical Upside Of Personalized Criminal Procedure, Matthew B. Kugler, Lior Jacob Strahilevitz

University of Chicago Law Review

Though personalization of law is often viewed as a new idea, pockets of criminal procedure already tolerate it. Many courts have held that Miranda warnings must be tailored when read to juveniles or people with limited English proficiency; a suspect’s age is necessarily part of the judicial calculus when determining whether the police’s questioning of her is a custodial interrogation; and some state courts consider a person’s demographic characteristics when deciding whether they have consented to a search. The question before us now is whether society should go further. Should the law of criminal procedure pay more attention to individual …

Neuroscience And The Personalization Of Criminal Law, Deborah W. Denno

University of Chicago Law Review

While objective standards of reasonableness permeate most legal disciplines, criminal law has trended toward personalization since the 1960s, when the Model Penal Code introduced conceptions of mental states based on Freudian psychoanalytic theory. Today, advancements in neuroscience offer previously inconceivable insights into living brain structures and damage. This Essay contends that a criminal justice system that uses personalizing neuroscientific evidence will yield better outcomes. This Essay contributes two unique tools to the personalized law debate. First are the results of my two-decade-long Neuroscience Study, in which I have compiled eight hundred criminal cases that addressed neuroscientific evidence in any capacity. …

Keeping Juvenile Conduct In Juvenile Court: Why The Federal Juvenile Delinquency Act Does Not And Should Not Contain A Ratification Exception, Taylor Imperiale

University of Chicago Legal Forum

No abstract provided.

“I Got The Shotgun, You Got The Briefcase”: Criminal Defense Ethics In The Wire, Alison Siegler, Erica Zunkel

University of Chicago Legal Forum

No abstract provided.

Second Chances In The Wire: Perspectives From Psychology And The Judiciary, Rebecca R. Pallmeyer, Dan P. Mcadams

University of Chicago Legal Forum

Playing off a scene in The Wire wherein prison inmates discuss whether American lives have “second acts,” this essay considers psychological and legal issues at play in people’s efforts to turn their lives around, from bad to good. In the first half of the essay, a professor of psychology discusses empirical research into redemptive life stories in which people find positive meaning in suffering and/or transform their lives from failure to relative success. While examples of redemptive life stories may be found in The Wire, making good on second chances seems to be a relatively rare occurrence. In the second …

“Deserve Got Nothin’ To Do With It:” The Value Of Homicide Victims In The Wire, Janice Nadler

University of Chicago Legal Forum

No abstract provided.

Police Violence In The Wire, Jonathan Masur, Richard H. Mcadams

University of Chicago Legal Forum

No abstract provided.

Transparency And Corruption: A General Analysis, Michael D. Gilbert

University of Chicago Legal Forum

No abstract provided.

Education, Violence, And Re-Wiring Our Schools, Margareth Etienne

University of Chicago Legal Forum

No abstract provided.

Criminal Procedure, The Police, And The Wire As Dissent, Bennett Capers

University of Chicago Legal Forum

No abstract provided.

Would “Hamsterdam” Work? Drug Depenalization In The Wire And In Real Life, John Bronsteen

University of Chicago Legal Forum

The television show The Wire depicts a plan called “Hamsterdam” in which police let people sell drugs in isolated places, and only those places, without fear of arrest. Based on limited but decent empirical evidence, we can make educated guesses about what would happen if that were tried in real life. Indeed, Swiss police tried something remarkably similar in the 1980s. More generally, the results of various forms of drug legalization, depenalization, and decriminalization in Europe—such as in Portugal, which has transferred the state’s method of dealing with drug use (including heroin and cocaine) from the criminal justice system to …

Making Connections With The Wire: Telling The Stories Behind The Statistics, Rachel E. Barkow

University of Chicago Legal Forum

No abstract provided.

Video, Popular Culture, And Police Excessive Force: The Elusive Narrative Of Over-Policing, Susan A. Bandes

University of Chicago Legal Forum

Allegations of police brutality are generally credibility contests between the officer and the accuser, and thus their resolution hinges on pre-existing assumptions about what stories arecredible. As long as aggressive policing is considered an aberration or a deserved response, legal accounts of unprovoked police violence will be considered incredible. This article explores the difficulties of overcoming the dominant story about policing and conveying the experience of living in an over-policed community. It considers the successes and failures of video evidence (body cam, dash cam, and cell phone) in conveying this experience, and also the possibilities and limits of popular cultural …

Between Reparations And Repair: Assessing The Work Of The Icc Trust Fund For Victims Under Its Assistance Mandate, Anne Dutton, Fionnuala Ní Aoláin

Chicago Journal of International Law

The practice of international justice has made a significant shift from narrowly focused criminal accountability to a broader and more holistic understanding encompassing the totality of victims’ justice needs. In particular, international criminal justice is concerned with victims of mass atrocity crimes, whose needs are profound and whose capacities are limited by the experiences of gross and systematic violence. These needs include individual and communal capacity building to engage in criminal processes as well as remedy and repair in the aftermath of criminal procedures. The Trust Fund for Victims represents, in many ways, the epicenter of this shift in international …

Turning In The Widening Gyre: History, Corporate Accountability, And Transitional Justice In The Postcolony, Jeffrey Atteberry

Chicago Journal of International Law

This Article argues that transitional justice, by increasing efforts to include corporate accountability within its various mechanisms, may confront the global structures of rule that systematically produce conditions of violence within formerly colonized nation-states. Building on work by Giorgio Agamben and Homi Bhabha, I demonstrate that the very notion of a “transition” around which transitional justice is articulated derives from a nineteenth-century understanding of history that reflects the ideology of development which supported the colonial system. Moments of violent historical discontinuity, legally conceptualized as “states of exception,” provide the paradigmatic bases for models of transitional justice. But, in the history …

18 U.S.C. § 3553(A)'S Undervalued Sentencing Command: Providing A Federal Criminal Defendant With Rehabilitation, Training, And Treatment In"“The Most Effective Manner", Erica Zunkel

Articles

No abstract provided.

Constitutional Tinkering And Democratic Institutions : A Case Study Of The 2019 Electoral Process, Tiffany Chikamara [Kamara] Nwosu

International Program Papers

No abstract provided.

Constitutional Tinkering And Democratic Institutions: A Case Study Of The 2019 Electoral Process, Kamara Nwosu

International Program Papers

This paper will discuss the aspects of constitutional tinkering and its impact on democratic institutions by looking into the constitutional tinkering in the Nigerian constitution and its impact on democratic institutions focusing mainly on the electoral system. As a caveat, this paper focuses on the electoral process within an electoral system and not the methods by which election systems are determined. Thus, the paper focuses on the administration of elections and not the system by which votes are to be cast such as plurality method, approval voting or simple majority vote.

Some Doubts About “Democratizing” Criminal Justice, John Rappaport

Public Law and Legal Theory Working Papers

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 …

Fourth Amendment Gloss, Aziz Huq

Articles

No abstract provided.

Privacy’S Political Economy And The State Of Machine Learning, Mariano-Florentino Cuéllar, Aziz Z. Huq

Public Law and Legal Theory Working Papers

Our aim in this essay is to consider how policymakers make decisions about government surveillance in what we might call the machine learning state –– a nation-state equipped with sufficient bureaucratic and technological capacity to rely extensively on machine learning techniques for surveillance, law enforcement, and national security. We focus particularly on the question of how the state’s political economy influences its decision to adopt privacy-relevant machine learning technologies. Since machine learning tools can also be deployed in many ways that are not pertinent to privacy, our focus therefore is on a specific subset of state uses of such technology …

Equality’S Understudies, Aziz Z. Huq

Public Law and Legal Theory Working Papers

Our Republic these days is riven by divides about what equality demands of us as private and public actors. Consider just a few recent examples:

• Harvard University is challenged in federal court for preferring African-Americans over other racial minorities, especially Asian-Americans, in their admissions pool^.1 Harvard’s flagship law review, meanwhile, faces its own suit over its preferment of minority candidates.²

• Virginia’s Governor Ralph Northam and its Attorney General Mark Herring are swept up into political controversy by news that both dressed in ‘blackface’ during their college or medical school days.³ The historical significance of ‘blackface’ …

A Right To A Human Decision, Aziz Z. Huq

Public Law and Legal Theory Working Papers

Recent advances in computational technologies have spurred anxiety about a shift of power from human to machine decision-makers. From prison sentences to loan approvals to college applications, corporate and state actors increasingly lean on machine learning tools (a subset of artificial intelligence) to allocate goods and to assign coercion. Machine-learning tools are perceived to be eclipsing, even extinguishing, human agency in ways that sacrifice important individual interests. An emerging legal response to such worries is a right to a human decision. European law has already embraced the idea in the General Data Protection Regulation. American law, especially in the criminal …

Contents

University of Chicago Law Review

Contents and editorial information.