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Criminal Justice, Inc., John Rappaport Dec 2018

Criminal Justice, Inc., John Rappaport

Articles

No abstract provided.


Comment On 'Judicial Compensation And Performance', J.J. Prescott Dec 2018

Comment On 'Judicial Compensation And Performance', J.J. Prescott

Articles

The most significant challenges to better understanding judicial behavior are lack of data and the absence of plausible exogenous variation in judicial environments. The random assignment of judges to cases has admittedly been helpful in gaining traction on the effects of judicial decisions (e.g., Dobbie, Goldin, and Yang 2018). Yet developing a full empirical account of “what judges maximize” (Posner 1993) would require a setting in which judges are randomly subjected to a wide variety of (real-world) environments with different costs, constraints, and rewards. This prospect remains pie in the sky, but that does not mean that we have not …


Fourth Amendment Constraints On The Technological Monitoring Of Convicted Sex Offenders, Ben A. Mcjunkin, J. J. Prescott Jul 2018

Fourth Amendment Constraints On The Technological Monitoring Of Convicted Sex Offenders, Ben A. Mcjunkin, J. J. Prescott

Articles

More than forty U.S. states currently track at least some of their convicted sex offenders using GPS devices. Many offenders will be monitored for life. The burdens and expense of living indefinitely under constant technological monitoring have been well documented, but most commentators have assumed that these burdens were of no constitutional moment because states have characterized such surveillance as ‘‘civil’’ in character—and courts have seemed to agree. In 2015, however, the Supreme Court decided in Grady v. North Carolina that attaching a GPS monitoring device to a person was a Fourth Amendment search, notwithstanding the ostensibly civil character of …


Studying The Effect Of Froude Number And Densimetric Froude Number On Local Scours Around Circular Bridge Piers, Md Abdullah Al Faruque Apr 2018

Studying The Effect Of Froude Number And Densimetric Froude Number On Local Scours Around Circular Bridge Piers, Md Abdullah Al Faruque

Articles

A very large percentage of bridge failures are attributed to scouring around bridge piers and this directly influences public safety. Experiments are carried out in a 12-m long rectangular open channel flume made of transparent tempered glass. A 300 mm thick bed made up of sand particles is leveled horizontally to create the test bed and a 50 mm hollow plastic cylinder is used as a model bridge pier. Tests are carried out with varying flow depths and velocities. Data points of various scour parameters such as scour depth, width, and length are collected based on different flow conditions and …


Studying The Effect Of Froude Number And Densimetric Froude Number On Local Scours Around Circular Bridge Piers, Md Abdullah Al Faruque Jan 2018

Studying The Effect Of Froude Number And Densimetric Froude Number On Local Scours Around Circular Bridge Piers, Md Abdullah Al Faruque

Articles

A very large percentage of bridge failures are attributed to scouring around bridge piers and this directly influences public safety. Experiments are carried out in a 12-m long rectangular open channel flume made of transparent tempered glass. A 300 mm thick bed made up of sand particles is leveled horizontally to create the test bed and a 50 mm hollow plastic cylinder is used as a model bridge pier. Tests are carried out with varying flow depths and velocities. Data points of various scour parameters such as scour depth, width, and length are collected based on different flow conditions and …


Multiband Slot-Loaded Dipole Antenna For Wlan And Lte-A Applications, Samir Salem Al-Bawri, Mohd. Faizal Jamlos, Ping Jack Soh, Syed Alwee Aljunid Syed Junid, Mohd Aminudin Jamlos, Adam Narbudowicz Jan 2018

Multiband Slot-Loaded Dipole Antenna For Wlan And Lte-A Applications, Samir Salem Al-Bawri, Mohd. Faizal Jamlos, Ping Jack Soh, Syed Alwee Aljunid Syed Junid, Mohd Aminudin Jamlos, Adam Narbudowicz

Articles

A multiband printed dipole antenna for wireless local area network (WLAN) and long-term evolution-advanced (LTEA) applications is investigated here. Its multiband characteristic is enabled by the Y-slot present in the upper arm of the dipole, while the antenna's dimensions are 0.08λo × 0.384λo at the lowest operating frequency. It features bandwidth of 14.6% centred at 2.4 GHz, and ∼30.5% centred at 5.5 GHz for WLAN operation. An additional bandwidth of 6.9% centred at 3.5 GHz supporting LTE-A applications is also featured. Besides being compact, the proposed antenna radiates omnidirectionally with a gain of up to 4.09 dBi. Simulations and measurements …


The Origins Of The Espionage Act Of 1917: Was Judge Learned Hand's Understanding Of The Act Defensible?, Geoffrey R. Stone Jan 2018

The Origins Of The Espionage Act Of 1917: Was Judge Learned Hand's Understanding Of The Act Defensible?, Geoffrey R. Stone

Articles

No abstract provided.


Prior Record Enhancements At Sentencing: Unsettled Justifications And Unsettling Consequences, Richard Frase, Kelly Lyn Mitchell, Rhys Hester Hester, Julian V. Roberts Jan 2018

Prior Record Enhancements At Sentencing: Unsettled Justifications And Unsettling Consequences, Richard Frase, Kelly Lyn Mitchell, Rhys Hester Hester, Julian V. Roberts

Articles

No abstract provided.


Punishing Kids In Juvenile And Criminal Court, Barry Feld Jan 2018

Punishing Kids In Juvenile And Criminal Court, Barry Feld

Articles

No abstract provided.


Understanding “Sanctuary Cities”, Linus Chan, Juliet P. Stumpf, Christopher N. Lasch, Ingrid V. Eagly Jan 2018

Understanding “Sanctuary Cities”, Linus Chan, Juliet P. Stumpf, Christopher N. Lasch, Ingrid V. Eagly

Articles

No abstract provided.


Unforeseen Land Uses: The Effect Of Marijuana Legalization On Land Conservation Programs, Jessica Owley Jan 2018

Unforeseen Land Uses: The Effect Of Marijuana Legalization On Land Conservation Programs, Jessica Owley

Articles

This Article explores the tension between land conservation and marijuana cultivation in the context of legalization. The legalization of marijuana has the potential to shift the locations of marijuana cultivation. Where cultivation need no longer be surreptitious and clandestine, growers may begin to explore sanctioned growing sites and methods. Thus, the shift to legalization may be accompanied by environmental and landuse implications. Investigating commercial-scale marijuana cultivation, this Article details how, in some ways, legalization can reduce environmental impacts of marijuana cultivation while also examining tricky issues regarding tensions between protected lands and marijuana cultivation. If we treat cultivation of marijuana …


Jail As Injunction, Russell M. Gold Jan 2018

Jail As Injunction, Russell M. Gold

Articles

No abstract provided.


Catalogue Of Extreme Wave Events In Ireland: Revised And Updated For 14 680 Bp To 2017, Laura Cooke, Emiliano Renzi, John M. Dudley, Colm Clancy, FréDéRic Dias Jan 2018

Catalogue Of Extreme Wave Events In Ireland: Revised And Updated For 14 680 Bp To 2017, Laura Cooke, Emiliano Renzi, John M. Dudley, Colm Clancy, FréDéRic Dias

Articles

This paper aims to extend and update the survey of extreme wave events in Ireland that was previously carried out by O’Brien et al. (2013). The original catalogue high- lighted the frequency of such events dating back as far as the turn of the last ice age and as recent as 2012. Ireland’s marine territory extends far beyond its coastline and is one of the largest seabed territories in Europe. It is therefore not surprising that extreme waves have continued to occur reg- ularly since 2012, particularly considering the severity of weather during the winters of 2013–2014 and 2015–2016. In …


The Culture Of Misdemeanor Courts, Jessica A. Roth Jan 2018

The Culture Of Misdemeanor Courts, Jessica A. Roth

Articles

The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can …


Solitary Troubles, Alexander A. Reinert Jan 2018

Solitary Troubles, Alexander A. Reinert

Articles

Solitary confinement is one of the most severe forms of punishment that can be inflicted on human beings. In recent years, the use of extreme isolation in our prisons and jails has been questioned by correctional officials, medical experts, and reform advocates alike. Yet for nearly the entirety of American history, judicial regulation of the practice has been extremely limited. This Article explains why judges hesitate to question the use of solitary confinement, while also providing a path forward for greater scrutiny of the practice.


Libertarian Gun Control, Fredrick E. Vars, Ian Ayres Jan 2018

Libertarian Gun Control, Fredrick E. Vars, Ian Ayres

Articles

No abstract provided.


“High” Standards: How The Tide Of Marijuana Legalization Sweeping The Country Ignores The Hidden Risks Of Edibles, Steve Calandrillo, Katelyn Fulton Jan 2018

“High” Standards: How The Tide Of Marijuana Legalization Sweeping The Country Ignores The Hidden Risks Of Edibles, Steve Calandrillo, Katelyn Fulton

Articles

As a tide of marijuana legalization sweeps across the United States, there is a surprising lack of scrutiny as to whether the benefits of recreational marijuana outweigh the risks. Notably, marijuana edibles present special risks to the population that are not present in smoked marijuana. States that have legalized recreational marijuana are seeing an increase in edible-related calls to poison control centers and visits to emergency rooms. These negative reactions are especially prevalent in vulnerable populations such as children, persons with underlying preexisting conditions, and out-of-state marijuana novices. Unfortunately, research on edible marijuana is scant and state regulatory regimes are …


Organizational Decline And Fiscal Distress In Municipal Police Agencies, Matthew Giblin, Jeffrey Nowacki Nov 2017

Organizational Decline And Fiscal Distress In Municipal Police Agencies, Matthew Giblin, Jeffrey Nowacki

Articles

In late 2007, the United States entered one of the most significant recessions in recent memory. While the consequences to individuals have been well-documented, less attention has been paid to the effects on state-sponsored organizations such as police agencies. The current study examines fiscal distress (e.g., layoffs, hiring freezes) in a sample of large municipal law enforcement agencies. According to a framework proposed by Levine (1978), departments should be most vulnerable to fiscal distress when the jurisdiction experiences economic shocks (environmental entropy), the demand for police services declines (problem depletion), the political system becomes less supportive of police agencies (political …


The Culture Of Misdemeanor Courts, Jessica A. Roth Oct 2017

The Culture Of Misdemeanor Courts, Jessica A. Roth

Articles

The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can …


Forfeitures And The Eighth Amendment: A Practical Approach To The Excessive Fines Clause As A Check On Government Seizures, David Pimentel Jul 2017

Forfeitures And The Eighth Amendment: A Practical Approach To The Excessive Fines Clause As A Check On Government Seizures, David Pimentel

Articles

No abstract provided.


Contemporary Practice Of The United States Relating To International Law, July 2017, Kristina Daugirdas, Julian Davis Mortenson Jul 2017

Contemporary Practice Of The United States Relating To International Law, July 2017, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • Trump Administration Takes Steps to Implement Bilateral Agreement with Australia Regarding Refugees • Trump Administration Criticizes NATO Members for Failing to Meet Defense Spending Guideline; United States Joins Other NATO Members in Supporting Montenegro’s Membership in the Organization • President Trump Issues Executive Orders Suspending Refugee Program and Barring Entry by Individuals from Specified Countries • Trump Administration Maintains Nuclear Deal with Iran, Despite Persistent Skepticism • United States Strikes Syrian Government Airbase in Response to Chemical Weapons Attacks by Syrian Forces; Two Additional Strikes on Syrian Government Forces Justified by Defense of Troops Rationale • …


The Consequences Of Disparate Policing: Evaluating Stop And Frisk As A Modality Of Urban Policing, Aziz Huq Jun 2017

The Consequences Of Disparate Policing: Evaluating Stop And Frisk As A Modality Of Urban Policing, Aziz Huq

Articles

No abstract provided.


Disability Rights And Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos Jun 2017

Disability Rights And Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos

Articles

In this Essay, I hope to do two things: First, I try to put the current labor-disability controversy into that broader context. Second, and perhaps more important, I take a position on how disability rights advocates should approach both the current controversy and labor-disability tensions more broadly. As to the narrow dispute over wage-and-hour protections for personal-assistance workers, I argue both that those workers have a compelling normative claim to full FLSA protection—a claim that disability rights advocates should recognize—and that supporting the claim of those workers is pragmatically in the best interests of the disability rights movement. As to …


From Grace To Grids: Rethinking Due Process Protections For Parole., Kimberly A. Thomas, Paul D. Reingold May 2017

From Grace To Grids: Rethinking Due Process Protections For Parole., Kimberly A. Thomas, Paul D. Reingold

Articles

Current due process law gives little protection to prisoners at the point of parole, even though the parole decision, like sentencing, determines whether or not a person will serve more time or will go free. The doctrine regarding parole, which developed mostly in the late 1970s, was based on a judicial understanding of parole as an experimental, subjective, and largely standardless art—rooted in assessing the individual “character” of the potential parolee. In this Article we examine the foundations of the doctrine, and conclude that the due process inquiry at the point of parole should take into account the stark changes …


Disentangling Miranda And Massiah: How To Revive The Sixth Amendment Right To Counsel As A Tool For Regulating Confession Law, Eve Brensike Primus May 2017

Disentangling Miranda And Massiah: How To Revive The Sixth Amendment Right To Counsel As A Tool For Regulating Confession Law, Eve Brensike Primus

Articles

Fifty years after Miranda v. Arizona, many have lamented the ways in which the Burger, Rehnquist, and Roberts Courts have cut back on Miranda's protections. One underappreciated a spect of Miranda's demise is the way it has affected the development of the pretrial Sixth Amendment right to counsel guaranteed by Massiah v. United States. Much of the case law diluting suspects' Fifth Amendment Miranda rights has bled over into the Sixth Amendment right to counsel cases without consideration of whether the animating purposes of the Massiah pretrial right to counsel would support such an importation. This development is unfortunate …


The Effect Of Criminal Records On Access To Employment, Amanda Agan, Sonja B. Starr May 2017

The Effect Of Criminal Records On Access To Employment, Amanda Agan, Sonja B. Starr

Articles

This paper adds to the empirical evidence that criminal records are a barrier to employment. Using data from 2,655 online applications sent on behalf of fictitious male applicants, we show that employers are 60 percent more likely to call applicants that do not have a felony conviction. We further investigate whether this effect varies based on applicant race (black versus white), crime type (drug versus property crime), industry (restaurants versus retail), jurisdiction (New Jersey versus New York City), local crime rate, and local racial composition. Although magnitudes vary somewhat, in every subsample the conviction effect is large, significant, and negative.


Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America, David Pimentel Jan 2017

Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America, David Pimentel

Articles

No abstract provided.


Preemption Deals, Aziz Huq Jan 2017

Preemption Deals, Aziz Huq

Articles

No abstract provided.


Liberal Internationalism And The Populist Backlash, Eric A. Posner Jan 2017

Liberal Internationalism And The Populist Backlash, Eric A. Posner

Articles

No abstract provided.


How Do You Formalize A Tamale?: How To Ease Street Vendors’ Transition Out Of The Shadow Economy, Elizabeth Kregor Jan 2017

How Do You Formalize A Tamale?: How To Ease Street Vendors’ Transition Out Of The Shadow Economy, Elizabeth Kregor

Articles

No abstract provided.