Digital Commons Network^™

Response: Means, Ends, And Institutions, Charlton C. Copeland

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No abstract provided.

Opt-Out Education: School Choice As Racial Subordination, Osamudia R. James

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Despite failure to improve academic outcomes or close the achievement gap, school-choice policies, advanced by education legislation and doctrine, have come to dominate public discourse on public education reform in the United States, with students of color disproportionately enrolling in voucher programs and charter schools. This Article moves past the typical market-based critiques of school choice to analyze the particularly racialized constraints on choice for marginalized students and their families in the public school system. The Article unpacks the blame-placing that occurs when the individualism and independence that school choice and choice rhetoric promote fail to improve academic outcomes, and …

Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi

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No abstract provided.

Reimagining Record Groups: A Case Study And Considerations For Record Group Revision, Matthew J. Gorzalski

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No abstract provided.

Beyond Textualism: Why Originalist Theory Must Apply General Principles Of Interpretation To Constitutional Law, Richard A. Epstein

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No abstract provided.

Audits As Signals, David A. Weisbach

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No abstract provided.

From Helmets To Savings And Inheritance Taxes: Regulatory Intensity, Information Revelation, And Internalities, Saul Levmore

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Introduction It seems obvious that regulation requires the revelation of private information, because legal interventions can do harm when they are designed with insufficient information about individuals' preferences and other variables. Nevertheless, ac

The Structure Of Sovereignty, Diane P. Wood

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No abstract provided.

A Decade Of Adaptive Governance Scholarship: Synthesis And Future Directions, Barbara Cosens

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Adaptive governance is an emergent form of environmental governance that is increasingly called upon by scholars and practitioners to coordinate resource management regimes in the face of the complexity and uncertainty associated with rapid environmental change. Although the term “adaptive governance” is not exclusively applied to the governance of social-ecological systems, related research represents a significant outgrowth of literature on resilience, social-ecological systems, and environmental governance. We present a chronology of major scholarship on adaptive governance, synthesizing efforts to define the concept and identifying the array of governance concepts associated with transformation toward adaptive governance. Based on this synthesis, we …

Commercial Religious Exercise: Translating Commercial Speech Doctrine To The Free Exercise Clause, Danieli Evans

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The Patient Protection and Affordable Care Act and implementing regulations require for-profit businesses with more than fifty employees to include contraceptive products in their health care coverage for employees. Throughout the country, privately held corporations and their owners challenged this requirement on the grounds that it violates the Religious Freedom Restoration Act (RFRA), which states that the government shall not “substantially burden” a religious practice unless the regulation is “the least restrictive means” of serving a “compelling governmental interest.” The employers argued that requiring them to include contraceptives in employees’ health coverage substantially burdened their religious opposition to using certain …

Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice, Anthony V. Alfieri

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No abstract provided.

Criminalizing Revenge Porn, Danielle Citron, Mary Anne Franks

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No abstract provided.

Claim Funders And Commercial Claim Holders: A Common Interest Or A Common Problem?, Michele M. Destefano

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Commercial claim funding, where funders invest in business disputes in exchange for a percentage of any eventual settlement or judgment, is a growing industry in the United States. Funders may request confidential information about the claim and litigation strategy both before deciding to invest (to analyze the strength of the claim) and during the course of the financial relationship (to manage the investment). Further, these funders may work and communicate with claim holders and lawyers about the claim. However, there has been little caselaw and little in-depth analysis on whether--and in what circumstances-the attorney--client privilege and work-product doctrine can be …

White Like Me: The Negative Impact Of The Diversity Rationale On White Identity Formation, Osamudia R. James

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In several cases addressing the constitutionality of affirmative action admissions policies, the Supreme Court has recognized a compelling state interest in schools with diverse student populations. According to the Court and affirmative action proponents, the pursuit of diversity does not only benefit minority students who gain expanded access to elite institutions through affirmative action. Rather, diversity also benefits white students who grow through encounters with minority students, it contributes to social and intellectual life on campus, and it serves society at large by aiding the development of citizens equipped for employment and citizenship in an increasingly diverse country.

Recent scholarship …

The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty's Unraveling, Scott E. Sundby

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No abstract provided.

Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes

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No abstract provided.

Downsides Of Social Capital, Alejandro Portes

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No abstract provided.

A Method To Assess Adherence In Inhaler Use Through Analysis Of Acoustic Recordings Of Inhaler Events, Shona D’Arcy, Elaine Machale, Jansen Seheult, Martin S. Holmes, Cian Hughes, Imran Sulaiman, Deirdre Hyland, Conor O’Reilly, Senan Glynn, Thekra Al-Zaabi, John Mccourt, Terence Taylor, Frank Keane, Isabelle Killane, Richard B. Reilly, Richard W. Costello

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Rationale: Poor adherence to inhaler use can be due to poor temporal and/or technique adherence. Up until now there has been no way of reliably tracking both these factors in everyday inhaler use. Objectives: This paper introduces a device developed to create time stamped acoustic recordings of an individual’s inhaler use, in which empirical evidence of temporal and technique adherence in inhaler use can be monitored over time. The correlation between clinical outcomes and adherence, as determined by this device, was compared for temporal adherence alone and combined temporal and technique adherence. Findings: The technology was validated by showing that …

The Rhetoric Of War: Words, Conflict, And Categorization Post 9/11, Oren Gross, Fionnuala Ní Aoláin

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No abstract provided.

The Rule Of Law At A Crossroad: Enforcing Corporate Responsibility In International Investment Through The Alien Tort Statute, Jennie Green

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No abstract provided.

Understanding Insurance Antidiscrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Schwarcz

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Insurance companies are in the business of discrimination. Insurers attempt to segregate insureds into separate risk pools based on their differences in risk profiles, first, so that they can charge different premiums to the different groups based on their risk and, second, to incentivize risk reduction by insureds. This is why we let insurers discriminate. There are, however, limits to the types of discrimination we will allow insurers to engage in. But what exactly are those limits and how are they justified? To answer these questions, this Article articulates the leading fairness and efficiency arguments for and against limiting insurers’ …

Human Rights Standards Concerning Transnational Corporations And Other Business Entities, David Weissbrodt

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The rapid expansion of transnational economic activity and corresponding growth in power of transnational corporations and other business entities have prompted renewed international discourse and action over the past decade to address the human rights abuses committed by businesses. 2 The responsibility of businesses to respect human rights has been at the heart of the discussion. The Universal Declaration of Human Rights (UDHR), adopted in 1948, states that "every individual and every organ of society ... shall strive by teaching and education to promote respect for these rights and freedoms and ... to secure their universal and effective recognition and …

Questioning Gender: Police Interrogation Of Delinquent Girls, Barry C. Feld

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Early juvenile courts emphasized a child's "best interests" and treated youths differently based on personal characteristics such as race and gender. 1 Progressive reformers expected judges to handle boys and girls differently because their circumstances and needs differed. 2 Juvenile courts processed boys primarily for criminal behavior and girls for noncriminal status offenses - e.g. runaway, incorrigibility, or sexual precocity. 3 In the 1970s, efforts to deinstitutionalize status offenders led to substantial declines in the numbers of girls detained and confined for noncriminal misconduct. 4 More recently, juvenile justice officials and the public perceived an increase in violent crimes like …

Towards A Universal Framework For Insurance Anti-Discrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Schwarcz

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Discrimination in insurance is principally regulated at the state level. Surprisingly, there is a great deal of variation across coverage lines and policyholder characteristics in how and the extent to which risk classification by insurers is limited. Some statutes expressly permit insurers to consider certain characteristics, while other characteristics are forbidden or limited in various ways. What explains this variation across coverage lines and policyholder characteristics? Drawing on a unique, hand-collected data-set consisting of the laws regulating insurer risk classification in fifty-one U.S. jurisdictions, this Article argues that much of the variation in state-level regulation of risk classification can in …

Understanding Insurance Antidiscrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Schwarcz

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No abstract provided.

Taxing Manufactured Homes, Ann Burkhart

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Manufactured homes are the most important form of unsubsidized affordable housing in this country. They are home to more than twenty-two million people. The residents are predominantly lower-income, including a large proportion of older people. Yet the costs of purchasing and living in a manufactured home are unnecessarily high, because state law incorrectly categorizes the great majority of them as personal property, rather than as real property.To correct this problem, the Uniform Law Commission recently promulgated the Uniform Manufactured Housing Act, which provides a process for converting manufactured homes from personal to real property. The act is designed to lower …

Who's Afraid Of Good Governance? State Fiscal Crises, Public Pension Underfunding, And The Resistance To Governance Reform, Thomas Fitzpatrick, Amy B. Monahan

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Much attention has been paid to the significant underfunding of many state and local employee pension plans, as well as efforts by states and cities to alleviate that underfunding by modifying the benefits provided to workers. Yet relatively little attention has been paid to the systemic causes of such financial distress — such as chronic underfunding that shifts financial burdens to future taxpayers, and governance rules that may reduce the likelihood that a plan’s trustees will make optimal investment decisions. This article presents the results of a qualitative study of the funding and governance provisions of twelve public pension plans …

Plugging Leaks And Lowering Levees In The Federal Government: Practical Solutions For Securities Trading Based On Political Intelligence, Donna M. Nagy, Richard W. Painter

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From its founding, the U.S. federal government has been a potential gold mine for nonpublic market-moving information. By selectively disclosing this information to securities traders outside the government (or to persons who advise them), federal officials can substantially privilege certain wealthy or otherwise well-connected investors over ordinary investors in the securities market. The trading profits that can be derived from the use of this material nonpublic government information are often tremendous. Such disparity of access to government information undermines the public’s confidence in the fairness and integrity of securities markets -- and in the federal government itself. But absent an …

Why Crime Rates Are Falling Throughout The Western World, Michael Tonry

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Crime rates have moved in parallel in Western societies since the late Middle Ages. Homicide rates declined from 20 to 100 per 100,000 population in western Europe to one per 100,000 in most Western countries by the beginning of the twentieth century. Crime rates in major cities and in countries fell from the early nineteenth century until the middle of the twentieth. From the 1960s to the 1990s, rates for violent and property crimes rose in all wealthy Western countries. Since then, rates in all have fallen precipitately for homicide, burglary, auto theft, and other property crimes. The patterns appear …

Legal And Ethical Issues In The Prediction Of Recidivism, Michael Tonry

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Use of predictions of recidivism is ubiquitous in American criminal justice systems from pretrial detention to parole release and proceeds largely oblivious to fundamental ethical problems that were widely recognized and examined in the 1970s. They include the false positive problem that most people predicted to commit acts of serious violence would not, and their confinement for that reason is unjustified, that common use of fixed characteristics such as age and gender punish people for matters over which they have no control is per se unjust, that commonly used socioeconomic factors such as marital status, employment, education, and living discrimination, …