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Articles 1021 - 1050 of 10186
Full-Text Articles in Entire DC Network
Assessing The Empirical Upside Of Personalized Criminal Procedure, Matthew B. Kugler, Lior Strahilevitz
Assessing The Empirical Upside Of Personalized Criminal Procedure, Matthew B. Kugler, Lior Strahilevitz
Articles
No abstract provided.
Norming In Administrative Law, Jonathan Masur, Eric A. Posner
Norming In Administrative Law, Jonathan Masur, Eric A. Posner
Articles
No abstract provided.
Not Such A Fixed Star After All: West Virginia State Board Of Education V. Barnette, And The Changing Meaning Of The First Amendment Right Not To Speak, Genevieve Lakier
Not Such A Fixed Star After All: West Virginia State Board Of Education V. Barnette, And The Changing Meaning Of The First Amendment Right Not To Speak, Genevieve Lakier
Articles
No abstract provided.
The Living Constitution And Moral Progress: A Comment On Professor Young’S Boden Lecture, David A. Strauss
The Living Constitution And Moral Progress: A Comment On Professor Young’S Boden Lecture, David A. Strauss
Articles
No abstract provided.
Racial Equity In Algorithmic Criminal Justice, Aziz Huq
Racial Equity In Algorithmic Criminal Justice, Aziz Huq
Articles
No abstract provided.
Segregation By Citizenship, Emma Kaufman
From Catalonia To California: Secession In Constitutional Law, Tom Ginsburg, Mila Versteeg
From Catalonia To California: Secession In Constitutional Law, Tom Ginsburg, Mila Versteeg
Articles
No abstract provided.
Algorithmic Fair Use, Dan L. Burk
Algorithmic Fair Use, Dan L. Burk
University of Chicago Law Review
Legal governance and regulation are becoming increasingly reliant on data collection and algorithmic data processing. In the area of copyright, online protection of digitized works is frequently mediated by algorithmic enforcement systems intended to purge illicit content and limit the liability of YouTube, Facebook, and other content platforms. But unauthorized content is not necessarily illicit content. Many unauthorized digital postings may claim legitimacy under statutory exceptions like the legal balancing standard known as fair use. Such exceptions exist to ameliorate the negative effects of copyright on public discourse, personal enrichment, and artistic creativity. Consequently, it may seem desirable to incorporate …
Privatizing Personalized Law, Andrew Verstein
Privatizing Personalized Law, Andrew Verstein
University of Chicago Law Review
In recent years, scholars have devoted increasing attention to the prospect of personalized law. The bulk of the literature has so far concerned whether to personalize any law and, if so, what substantive changes should be instantiated through personalization. Comparatively little discussion has gone to the authorship of personalized laws. Who will make personalized laws? Who will enforce them? In this Essay, I propose we consider the who in the personalization debate. Specifically, I identify the policy considerations that bear on the optimal maker or enforcer of personalized law. To put it another way, my Essay begins where most of …
Toward The Personalization Of Copyright Law, Adi Libson, Gideon Parchomovsky
Toward The Personalization Of Copyright Law, Adi Libson, Gideon Parchomovsky
University of Chicago Law Review
In this Essay, we provide a blueprint for personalizing copyright law in order to reduce the deadweight loss that stems from its universal application to all users, including those who would not have paid for it. We demonstrate how big data can help identify inframarginal users, who would not pay for copyrighted content, and we explain how copyright liability and remedies should be modified in such cases.
Assessing The Empirical Upside Of Personalized Criminal Procedure, Matthew B. Kugler, Lior Jacob Strahilevitz
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
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. …
Algorithmic Price Discrimination When Demand Is A Function Of Both Preferences And (Mis)Perceptions, Oren Bar-Gill
Algorithmic Price Discrimination When Demand Is A Function Of Both Preferences And (Mis)Perceptions, Oren Bar-Gill
University of Chicago Law Review
Sellers are increasingly utilizing big data and sophisticated algorithms to price discriminate among customers. Indeed, we are approaching a world in which each consumer will be charged a personalized price for a personalized product or service. Is this type of price discrimination good or bad? The normative assessment, I argue, depends on the target of the discrimination. Sellers are interested in the consumer’s willingness to pay (WTP) for their goods or services: they maximize profits by charging a price that is as close as possible to the consumer’s WTP. This WTP is a function of consumer preferences on the one …
Constraining Big Brother: The Legal Deficiencies Surrounding Chicago’S Use Of The Strategic Subject List, Aaron Tucek
Constraining Big Brother: The Legal Deficiencies Surrounding Chicago’S Use Of The Strategic Subject List, Aaron Tucek
University of Chicago Legal Forum
No abstract provided.
Theft, Fraud, And Undue Influence: Determining The Scope Of The Federal Funds Bribery Statute, Derek Tisler
Theft, Fraud, And Undue Influence: Determining The Scope Of The Federal Funds Bribery Statute, Derek Tisler
University of Chicago Legal Forum
No abstract provided.
Interpreting “Use” Of A Minor In § 3b1.4: The Benefits Of Adopting A Uniform Hybrid Approach, Mariah Slocum
Interpreting “Use” Of A Minor In § 3b1.4: The Benefits Of Adopting A Uniform Hybrid Approach, Mariah Slocum
University of Chicago Legal Forum
Sentencing enhancements are applied in a number of circumstances, one of which is the use of a minor in the commission of a crime. But the law is unsettled as to whether a defendant’s affirmative act is necessary for implementation of this particular sentencing enhancement under section 3B1.4. An alleged circuit split existed, with some circuits utilizing an affirmative act approach and other circuits utilizing a reasonable foreseeability approach. Recently, circuits have been applying a hybrid approach that applies the sentencing enhancement when the defendant has affirmatively acted to use the minor in the crime, but in cases involving a …
Dwelling In Doubt: Do Tenants Have A Reasonable Expectation Of Privacy In The Common Areas Of Their Apartment Buildings?, Alexander Porro
Dwelling In Doubt: Do Tenants Have A Reasonable Expectation Of Privacy In The Common Areas Of Their Apartment Buildings?, Alexander Porro
University of Chicago Legal Forum
No abstract provided.
Fourth Amendment Standing And The General Rule Of Waiver, Katerina Kokkas
Fourth Amendment Standing And The General Rule Of Waiver, Katerina Kokkas
University of Chicago Legal Forum
No abstract provided.
Keeping Juvenile Conduct In Juvenile Court: Why The Federal Juvenile Delinquency Act Does Not And Should Not Contain A Ratification Exception, Taylor Imperiale
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.
Illinois’S Impending Pension Insolvency: Could Public Pensions Off-Load Risk Onto Private Insurers?, Jane Chapman
Illinois’S Impending Pension Insolvency: Could Public Pensions Off-Load Risk Onto Private Insurers?, Jane Chapman
University of Chicago Legal Forum
No abstract provided.
Borrowing From The Old [Common Law] To Litigate The New [Beacon Surveillance Claims], Courtney Albini
Borrowing From The Old [Common Law] To Litigate The New [Beacon Surveillance Claims], Courtney Albini
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
“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.
Police Violence In The Wire, Jonathan Masur, Richard H. Mcadams
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
Transparency And Corruption: A General Analysis, Michael D. Gilbert
University of Chicago Legal Forum
No abstract provided.
Criminal Procedure, The Police, And The Wire As Dissent, Bennett Capers
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
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 …
Video, Popular Culture, And Police Excessive Force: The Elusive Narrative Of Over-Policing, Susan A. Bandes
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 …
Constitutional Liquidation, William Baude
Choose One: Gainful Employment Or Religious Obedience – An Analysis Of Samira Achbita V. G4s, Shane Simms
Choose One: Gainful Employment Or Religious Obedience – An Analysis Of Samira Achbita V. G4s, Shane Simms
Chicago Journal of International Law
Freedom of religious expression is a fundamental human right that pervades both international and domestic law, yet this right is not absolute. This holds particularly true when one’s religious mandates conflict with the rights of others. This Comment explores this tension in the context of the recent ruling by the European Court of Justice in Samira Achbita v. G4S. The court ruled that an employer can establish a general policy that forbids the wearing of religious symbols and attire in the workplace because it does not constitute direct discrimination. This ruling suggests that a private employer’s right to conduct business …
Collateral Damages: Domestic Monetary Compensation For Civilians In Asymmetric Conflict, Gilat J. Bachar
Collateral Damages: Domestic Monetary Compensation For Civilians In Asymmetric Conflict, Gilat J. Bachar
Chicago Journal of International Law
The armed conflicts of the twenty-first century, which often take place among civilian populations rather than on traditional battlefields, push states to acknowledge and rectify the resulting harm to foreign civilians. In particular, asymmetric conflicts, which involve confronting non-state actors within civilian populations, tend to cause more of what has come to be known as ‘collateral damage.’ Such harm to civilians can be inflicted, for instance, in checkpoint shootings, drone attacks, or riot control efforts. How should these losses be addressed? This Article examines two competing models. The U.S. military provides compensation to civilians injured by its activity in Iraq …