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Articles 121 - 150 of 500
Full-Text Articles in Entire DC Network
Are Litigation Outcome Disparities Inevitable? Courts, Technology, And The Future Of Impartiality., Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy
Are Litigation Outcome Disparities Inevitable? Courts, Technology, And The Future Of Impartiality., Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy
Articles
This article explores the ability of technology—specifically, online judicial procedures—to eliminate systematic group-level litigation outcome disparities (i.e., disparities correlated with the visible identity markers of litigants). Our judicial system has long operated under the assumption that it can only be “impartial enough.” After all, judges, like all human beings, harbor implicit biases that are often sizable, unconscious, and triggered automatically, and research indicates that strategies to curb implicit biases in human decision making may be ineffective, especially in the face of the resource and caseload constraints of modern-day adjudication. The recent emergence of online court proceedings, however, offers new hope …
Before The Cell Door Shuts: Justice Reform Efforts Should Focus On Steps Besides Sentencing, Barbara L. Mcquade
Before The Cell Door Shuts: Justice Reform Efforts Should Focus On Steps Besides Sentencing, Barbara L. Mcquade
Articles
Mark Osler writes that criminal justice reform efforts have been hampered by what he calls “the slows.” He explains that despite bipartisan support, which resulted in the First Step Act of 2018,2 criminal justice reform remains elusive. He then offers some insightful suggestions for how to increase the pace.
Challenging Racial Injustice In The Criminalization Of Homelessness In The United States: A Human Rights Approach, David Berris, Joseph Candelaria, Tamar Ezer, Lily Frances Fontenot
Challenging Racial Injustice In The Criminalization Of Homelessness In The United States: A Human Rights Approach, David Berris, Joseph Candelaria, Tamar Ezer, Lily Frances Fontenot
Articles
The criminalization of homelessness in the United States perpetuates a cycle of racial injustice and violates fundamental human rights. Longstanding discrimination in housing and law enforcement have resulted in disproportionate homelessness among Black Americans. Thus, laws and policies that criminalize life-sustaining behaviors, such as sleeping, in public further exacerbate racial disparities, punishing people for homelessness rather than addressing root causes. Criminalization results in fines that people cannot pay and criminal records, driving employment and housing out of reach and circulating individuals from the street to the criminal justice system and back. The criminalization of homelessness also directly violates international human …
The Law Of Rescue, Shalini Bhargava Ray
The Law Of Rescue, Shalini Bhargava Ray
The Law Of Rescue, Shalini Bhargava Ray
Articles
Diverse areas of law regulate acts of rescue, often inconsistently. For example, maritime law mandates rescue, immigrant harboring law prohibits it, and tort law generally permits it but does not require it. Modern legal scholarship has focused principally on mandatory and permissive forms of rescue. With humanitarian actors facing prosecution for saving migrants' lives in the Arizona desert and elsewhere, however, scholarly treatment of the phenomenon of prohibited rescue is increasingly urgent. By analyzing disparate regimes of rescue, and focusing on migrant rescue specifically, this Article makes three contributions. First, it argues that the law of rescue generally privileges property …
Deadly Drones? Why Faa Regulations Miss The Mark On Drone Safety, Steve Calandrillo, Jason Oh, Ari Webb
Deadly Drones? Why Faa Regulations Miss The Mark On Drone Safety, Steve Calandrillo, Jason Oh, Ari Webb
Articles
A rapidly growing commercial drone industry has prompted the introduction of numerous regulations governing American airspace. Congress has tasked the Federal Aviation Administration (FAA) with “developing plans for the use of the navigable airspace to ensure the safety of aircraft and the efficient use” of American skies. While well-intended, the FAA has departed from Congressional will by imposing an excessive regulatory regime that threatens to stifle drone technology and innovation. In fact, many FAA regulations fail to address the very problem they seek to fix, namely the safety of our airspace. The unfortunate result is that myriad scientific and pragmatic …
After Ice: A New Humane & Effective Immigration Enforcement Paradigm, Peter L. Markowitz
After Ice: A New Humane & Effective Immigration Enforcement Paradigm, Peter L. Markowitz
Articles
In recent years, as the U.S. Immigration and Customs Enforcement Agency's ("ICE') brutal tactics have devasted communities across the nation, a growing chorus of activists and policymakers have begun calling for the agency to be abolished. Abolish ICE advocates have made a compelling case for the irredeemable deficiencies of ICE; they have exposed the core injustices that lay at the heart of our current enforcement scheme, and they have proposed specific and thoughtful changes that are both defensible and achievable. However, these changes tend to focus on a negative vision of what we need to eliminate in our current enforcement …
A Brief History Of Whiskey Adulteration And The Role Of Spectroscopy Combined With Chemometrics In The Detection Of Modern Whiskey Fraud, Mary Deasy, Aoife C. Power, Sinead Currivan, Sive Geoghegan, Daniel Cozzolino
A Brief History Of Whiskey Adulteration And The Role Of Spectroscopy Combined With Chemometrics In The Detection Of Modern Whiskey Fraud, Mary Deasy, Aoife C. Power, Sinead Currivan, Sive Geoghegan, Daniel Cozzolino
Articles
Food fraud and adulteration is a major concern in terms of economic and public health. Multivariate methods combined with spectroscopic techniques have shown promise as novel an analytical strategy for addressing issues related to food fraud that cannot be solved by the analysis of one variable, particularly in complex matrices such distilled beverages. This review describes and discusses different aspects of whisky production, and recent developments of laboratory, in field and high throughput analysis. In particular, recent applications detailing the use of vibrational spectroscopy techniques combined with data analytical methods used to distinguish between brand and origin of whisky to …
Select Criminal Law And Procedure Cases From The U.S. Supreme Court's 2018-2019 Term, Eve Brensike Primus, Kristin Froehle
Select Criminal Law And Procedure Cases From The U.S. Supreme Court's 2018-2019 Term, Eve Brensike Primus, Kristin Froehle
Articles
Although the 2018-19 Term at the Supreme Court did not include any blockbuster rulings like Carpenter v. United States, the Court issued a number of significant criminal law and procedure rulings. It addressed warrantless blood-alcohol testing, the dual-sovereignty doctrine, the right to trial by jury, ineffective assistance of trial counsel, questions of incorporation, prisoners' competence to be executed, permissible methods of execution, and some important statutory interpretation questions. Looking back on the Term, Justice Gorsuch clearly solidified his position as the libertarian "swing" vote in criminal procedure cases. He joined the liberals to uphold a defendant's right to trial …
Addiction-Informed Immigration Reform, Rebecca Sharpless
Addiction-Informed Immigration Reform, Rebecca Sharpless
Articles
Immigration law fails to align with the contemporary understanding of substance addiction as a medical condition. The Immigration and Nationality Act regards noncitizens who suffer from drug or alcohol substance use disorder as immoral and undesirable. Addiction is a ground of exclusion and deportation and can prevent the finding of "good moral character" needed for certain immigration applications. Substance use disorder can lead to criminal behavior that lands noncitizens, including lawful permanent residents, in removal proceedings with no defense. The time has come for immigration law to catch up to today's understanding of addiction. The damage done by failing to …
The Lawyer As Accomplice: Cannabis, Uber, Airbnb, And The Ethics Of Advising “Disruptive” Businesses, Charles M. Yablon
The Lawyer As Accomplice: Cannabis, Uber, Airbnb, And The Ethics Of Advising “Disruptive” Businesses, Charles M. Yablon
Articles
This Article examines the legal and ethical problems of corporate lawyers who advise businesses that operate just beyond the edge of legality. These include manufacturers and sellers of cannabis products (a felony under federal law, even if ostensibly permitted by state statutes) as well as a substantial number of startup companies, like Uber and Airbnb, whose “disruptive” business models involve deliberately violating local laws and ordinances, many of which carry criminal penalties. Under the current Model Rules of Professional Conduct, a lawyer “shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is …
The Elusive Object Of Punishment, Gabriel S. Mendlow
The Elusive Object Of Punishment, Gabriel S. Mendlow
Articles
All observers of our legal system recognize that criminal statutes can be complex and obscure. But statutory obscurity often takes a particular form that most observers have overlooked: uncertainty about the identity of the wrong a statute aims to punish. It is not uncommon for parties to disagree about the identity of the underlying wrong even as they agree on the statute’s elements. Hidden in plain sight, these unexamined disagreements underlie or exacerbate an assortment of familiar disputes—about venue, vagueness, and mens rea; about DUI and statutory rape; about hate crimes, child pornography, and counterterrorism laws; about proportionality in punishment; …
Racial Equity In Algorithmic Criminal Justice, Aziz Huq
Racial Equity In Algorithmic Criminal Justice, Aziz Huq
Articles
No abstract provided.
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.
Occupational Licensing And The Limits Of Public Choice Theory, Ryan Nunn, Gabriel Scheffler
Occupational Licensing And The Limits Of Public Choice Theory, Ryan Nunn, Gabriel Scheffler
Articles
No abstract provided.
Unlocking Access To Health Care: A Federalist Approach To Reforming Occupational Licensing, Gabriel Scheffler
Unlocking Access To Health Care: A Federalist Approach To Reforming Occupational Licensing, Gabriel Scheffler
Articles
No abstract provided.
Etched In Stone: Historic Preservation Law And Confederate Monuments, Jess R. Phelps, Jessica Owley
Etched In Stone: Historic Preservation Law And Confederate Monuments, Jess R. Phelps, Jessica Owley
Articles
This Article examines the current controversy regarding Confederate monuments. While many have focused on the removal of these commemorative objects, the legal framework regarding their protection has not been fully explored. This Article provides an in-depth understanding of the application of historic preservation laws to monument removal efforts and examines the impact of these federal, state, and local laws. The examination raises significant questions about the permanency of preservation laws generally. This Article considers how historic significance is evaluated and valued, noting the lack of flexibility and absence of mechanisms for reevaluating past protection decisions. This Article uses the Confederate …
Suspended Sentences And Free-Standing Probation Orders In U.S. Guidelines Systems: A Survey And Assessment, Richard Frase
Suspended Sentences And Free-Standing Probation Orders In U.S. Guidelines Systems: A Survey And Assessment, Richard Frase
Articles
No abstract provided.
Wicked Crypto, Alan Rozenshtein
Fifty Years Of American Sentencing Reform: Nine Lessons, Michael Tonry
Fifty Years Of American Sentencing Reform: Nine Lessons, Michael Tonry
Articles
No abstract provided.
Forty Years Of American Sentencing Guidelines: What Have We Learned?, Richard Frase
Forty Years Of American Sentencing Guidelines: What Have We Learned?, Richard Frase
Articles
No abstract provided.
Rethinking Police Rulemaking, Maria Ponomarenko
Don't Reject Federal Prosecutors' Role In Criminal Justice Reform Crimfest 2019, Joyce Vance
Don't Reject Federal Prosecutors' Role In Criminal Justice Reform Crimfest 2019, Joyce Vance
Articles
No abstract provided.
Plenary Power And Animus In Immigration Law, Shalini Bhargava Ray
Plenary Power And Animus In Immigration Law, Shalini Bhargava Ray
Articles
No abstract provided.
Plenary Power And Animus In Immigration Law, Shalini Bhargava Ray
Plenary Power And Animus In Immigration Law, Shalini Bhargava Ray
Articles
After a campaign denigrating Muslims as "sick people" blaming the children of Muslim Americans for terrorism and promising to "shut down" Muslim immigration and mere days after his inauguration President Donald J Trump banned the nationals of seven majorityMuslim countries from entry into the United States In the litigation that followed one question persisted how should courts analyze an exclusion order when the President invokes a national security justification and there is also direct evidence of racial or religious animus The Supreme Court reviews exclusion decisions deferentially for the existence of a "facially legitimate and bona fide reason" under Kleindienst …
Presidential Laws And The Missing Interpretive Theory, Tara Leigh Grove
Presidential Laws And The Missing Interpretive Theory, Tara Leigh Grove
Articles
There is something missing in interpretive theory Recent controversies"”involving for example the first travel ban and funding for sanctuary cities"”demonstrate that presidential "laws" executive orders proclamations and other directives raise important questions of meaning Yet while there is a rich literature on statutory interpretation and a growing one on regulatory interpretation there is no theory about how to discern the meaning of presidential directives Courts for their part have repeatedly assumed that presidential directives should be treated just like statutes But that cannot be right Theories of interpretation depend on both constitutional law and institutional setting For statutes the relevant …
Prosecutors And Voters Are Becoming Smart On Crime, Barbara L. Mcquade
Prosecutors And Voters Are Becoming Smart On Crime, Barbara L. Mcquade
Articles
How to explain the recent trend of electing reform-minded local prosecutors? It may be that voters are seeing through tough talk to embrace smarter strategies to reduce crime.
Social Freedom, Democracy And The Political: Three Reflections On Axel Honneth's Idea Of Socialism, Stephen W. Sawyer, William J. Novak, James T. Sparrow
Social Freedom, Democracy And The Political: Three Reflections On Axel Honneth's Idea Of Socialism, Stephen W. Sawyer, William J. Novak, James T. Sparrow
Articles
Axel Honneth’s Idea of Socialism is an important clarion call for an urgent rethinking of the possibilities of a socialism for the twenty-first century. One of the most surprising and satisfying aspects of Axel Honneth’s timely new book is its recovery of the continued vitality of John Dewey’s pragmatic democratic philosophy. These reflections on Honneth’s use of John Dewey for democratizing social freedom, take stock of and explore the political limits of Honneth’s social reconstruction.
Building By Right: Social Equity Implications Of Transitioning To Form-Based Code, Daniela A. Tagtachian, Natalie N. Barefoot, Adrienne L. Harreveld
Building By Right: Social Equity Implications Of Transitioning To Form-Based Code, Daniela A. Tagtachian, Natalie N. Barefoot, Adrienne L. Harreveld
Articles
No abstract provided.
Taking Data, Michael C. Pollack
Taking Data, Michael C. Pollack
Articles
Technological development has created new forms of information, altered expectations of privacy, and given law enforcement more tools to examine that information and intrude on that privacy. One crucial facet of these changes involves internet service providers (ISPs): as people expose more of their lives to their ISPs—all the websites they visit, people they communicate with, emails they send, files they store, and more—law enforcement efforts to access that data become more and more common. But scholars and policymakers alike recognize that the existing statutory frameworks governing those efforts are based on obsolete technology and strike balances that are difficult …