Digital Commons Network^™

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

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No abstract provided.

Competence And Culpability: Delinquents In Juvenile Courts, Youths In Criminal Courts, Barry Feld

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No abstract provided.

Bathroom Laws As Status Crimes, Stephen Rushin, Jenny E. Carroll

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A growing number of American jurisdictions have considered laws that prohibit trans individuals from using bathroom facilities consistent with their gender identities Several scholars have criticized these socalled "bathroom laws" as a form of discrimination in violation of federal law Few scholars though have considered the criminal justice implications of these proposalsBy analyzing dozens of proposed bathroom laws this Article explores how many laws do more than stigmatize the trans community"”they effectively criminalize them Some of these proposed laws would establish new categories of criminal offenses for trans individuals who use bathrooms consistent with their gender identity Others would transform …

Alternative Dispute Resolution: A Critical Reconsideration Adr Symposium Part 1: Foreword, Richard Delgado

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No abstract provided.

Europe's Moral Margin: Parental Aspirations And The European Court Of Human Rights, Clare Ryan

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The European Court of Human Rights (ECtHR) balances along two axes: individual right vs. government interest and national vs. supranational judgment. The Court calibrates the level of deference it affords States through the margin of appreciation, a doctrine designed to vary how strictly the supranational court will scrutinize national decisions. This Article challenges the way in which the Court deploys margin of appreciation in order to defer to "sensitive moral and ethical" decisions taken by domestic institutions. I call this deference the "moral margin." Although the European Convention on Human Rights explicitly authorizes the Court to take "protection of morals" …

Cosmopolitan Democracy And The Detention Of Immigrant Families, Rebecca Sharpless

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No abstract provided.

Not Young Guns Anymore: Dementia And The Second Amendment, Fredrick E. Vars

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No abstract provided.

Clientless Lawyers, Russell M. Gold

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No abstract provided.

The Cost Of Inexperience, Mirit Eyal-Cohen

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Free market entry is vital in preventing concentration of market power and eliminating large deadweight losses Yet in recent years studies show that newcomers are less successful than existing firms that have diversifies their products in the market What might explain this phenomenonThis Article unveils a regulatory catch 22 It reveals that although a regulation may be efficient in correcting a certain market failure its distributional effects may create another It exposes the degree to which "economies of experience" in regulation create significant disadvantages to newcomers and provide substantial advantages to oldtimers Being wellversed in their marketplace oldtimers possess knowledge …

Zombie Patents And Zombie Companies With Patents, Xuan-Thao Nguyen

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While a zombie is the undead and has no expiration, patents do. A patent comes into existence the moment the government, through the United States Patent and Trademark Office (USPTO), examines the invention application and issues a grant of patent. From that birth, a patent will have a lifetime of only twenty years from the date of filing the application. Patents expire and have no life after the twenty-year period.

Some patents die when the patentees abandon them by not paying maintenance fees. Dead patents must remain dead and become part of the public domain. Unfortunately, this Essay observes that …

Missing Police Body Camera Videos: Remedies, Evidentiary Fairness, And Automatic Activation, Mary D. Fan

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A movement toward police regulation by recording is sweeping the nation. Responding to calls for accountability, transparency and better evidence, departments have rapidly adopted body cameras. Recording policies require the police to record more law enforcement encounters than ever before. But what happens if officers do not record? This is an important, growing area of controversy. Based on the collection and coding of police department body camera policies, this Article reveals widespread detection and enforcement gaps regarding failures to record as required. More than half of the major-city departments in the sample have no provisions specifying consequences for not recording …

The Vested Rights Doctrine: How A Shield Against Injustice Became A Sword For Opportunistic Developers, Steve P. Calandrillo, Chryssa Deliganis, Christina Elles

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In an era of pioneering environmental and land use laws, savvy developers are using the “vested rights” doctrine to circumvent and undermine critical public health, safety, and environmental regulations. This controversy pits two legitimate interests against each other: On the one hand, local governments must have the power to pass land use laws and regulations in the public interest to protect their community’s health, safety, welfare, and environment. On the other, developers who rely on the laws in existence at the time their project is approved should be protected from subsequent changes to the law that could increase transactional costs …

Regulating Cumulative Risk, Sanne H. Knudsen

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This Article proceeds in four parts. Part I describes how cumulative risk assessments tackle the real-world exposure problems that lie at the heart of public health. It shows how risk science has evolved and why policy, not science, lags behind. Part II then examines why key public health concerns cannot be answered through information disclosure or consumer choice models alone.

Having established that regulatory drivers are needed, Part III begins to examine how to move forward. It does so by looking backward and examining how TSCA and FIFRA have failed historically to provide this critical public health focus despite room …

Fingerprints And Miscarriages Of Justice: "Other" Types Of Error And A Post-Conviction Right To Database Searching, Simon A. Cole, Barry Scheck

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The article examines the role of fingerprint evidence in wrongful convictions and exonerations, focusing on errors beyond erroneous individualizations, such as missed exclusions and inconclusive results. It introduces a framework for categorizing fingerprint errors and advocates for increased access to post-conviction Automated Fingerprint Identification System (AFIS) searches to reduce miscarriages of justice. The authors argue that while DNA database searching is widely recognized as a tool for exonerations, fingerprint database searching remains underutilized despite its potential to uncover innocence. They propose expanding legal access to fingerprint evidence to align with the principles of truth, justice, and science.

Litigating The Blue Wall Of Silence: How To Challenge The Police Privilege To Delay Investigation, Aziz Huq, Richard H. Mcadams

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No abstract provided.

An Insurance-Based Typology Of Police Misconduct, John Rappaport

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No abstract provided.

An Empirical Study Of Implicit Takings., James E. Krier, Stewart E. Sterk

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Takings scholarship has long focused on the niceties of Supreme Court doctrine, while ignoring the operation of takings law "on the ground" in the state and lower federal courts, which together decide the vast bulk of all takings cases. This study, based primarily on an empirical analysis of more than 2000 reported decisions ovcr the period 1979 through 2012, attempts to fill that void. This study establishes that the Supreme Court's categorical rules govern almost no state takings cases, and that takings claims based on government regulation almost invariably fail. By contrast, when takings claims arise out of government action …

An Empirical Study Of Implicit Takings, James E. Krier, Stewart E. Sterk

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Takings scholarship has long focused on the niceties of Supreme Court doctrine, while ignoring the operation of takings law “on the ground” – in the state and lower federal courts, who together decide the vast bulk of all takings cases. This study, based primarily on an empirical analysis of more than 2,000 reported decisions over the period 1979 through June 2012, attempts to fill that void.The study establishes that the Supreme Court’s categorical rules govern almost no cases, and that takings claims based on government regulation almost invariably fail. By contrast, when takings claims arise out of government action other …

What’S Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas

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Equality in criminal sentencing often translates into equalizing outcomes and stamping out variations, whether race-based, geographic, or random. This approach conflates the concept of equality with one contestable conception focused on outputs and numbers, not inputs and processes. Racial equality is crucial, but a concern with eliminating racism has hypertrophied well beyond race. Equalizing outcomes seems appealing as a neutral way to dodge contentious substantive policy debates about the purposes of punishment. But it actually privileges deterrence and incapacitation over rehabilitation, subjective elements of retribution, and procedural justice, and it provides little normative guidance for punishment. It also has unintended …

Developmental Jurisprudence, Emily Buss

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No abstract provided.

Informant Witnesses And The Risk Of Wrongful Convictions, Jessica A. Roth

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Several studies in the last two decades have revealed that false criminal informant testimony is a leading factor in wrongful convictions, along with false confessions, eyewitness misidentification, and faulty forensic science. Although a great deal more remains to be done, many jurisdictions have implemented evidence-based reforms to these last three categories of evidence. Policy about criminal informants, however, seems to be stubbornly stagnant, and relevant social science is virtually nonexistent. This Article questions the relative lack of attention to informant testimony and suggests that the dangers posed by informant testimony are both greater and different than previously thought. Unlike much …

Freedom Of Conscience In War Time: World War I And The Civil Liberties Path Not Taken, Laura Weinrib

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No abstract provided.

Reply To Five Critics Of Why Tolerate Religion?, Brian Leiter

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No abstract provided.

Charging On The Margin, Paul Crane

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No abstract provided.

Adaptive Sensor Node Sleep Scheduling For Quality-Of-Experience Enhancement, Mini Mathew, Ning Weng

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Focusing on a user’s quality-of-experience (QoE) has become important, because of the growing space of sensor-dependent applications and low-cost sensor design. QoE is typically affected by two quantities: the quality-of-information (QoI) received and the lifetime-of-service. Therefore, QoE is defined as a sensor network’s ability to consistently offer assured QoI for an expected lifetime when operating on a limited energy resource, such as a battery. However, dynamic factors, such as varying user requirements, unpredictable sensor environment, unreliable network conditions, and limited energy resource, affecting both QoI and lifetime-of-service, make it challenging to achieve a good QoE. In our previous work, we …

Face Recognition-Based Real-Time System For Surveillance, Fahad Parvez Mahdi, Md. Mahmudul Habib, Susan Mckeever, A.S.M. Moslehuddin, Pandian Vasant

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The ability to automatically recognize human faces based on dynamic facial images is important in security, surveillance and the health/independent living domains. Specific applications include access control to secure environments, identification of individuals at a particular place and intruder detection. This research proposes a real-time system for surveillance using cameras. The process is broken into two steps: (1) face detection and (2) face recognition to identify particular persons. For the first step, the system tracks and selects the faces of the detected persons. An efficient recognition algorithm is then used to recognize detected faces with a known database. The proposed …

Regulating Employment Relationships In The Sharing Economy, Deepa Das Acevedo

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No abstract provided.

Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger

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Opposition to mass incarceration has entered the mainstream. But except in a few states, mass decarceration has not, so far, followed: By the end of 2014 (the last data available), nationwide prison population had shrunk only 3% off its (2009) peak. Jail population, similarly, was down just 5% from its (2008) peak. All told, our current incarceration rate - 7 per 1,000 population - is the same as in 2002, and four times the level in 1970, when American incarceration rates began their rise. Our bloated prisoner population includes many groups of prisoners who are especially likely to face grievous …

Bind Me More Tightly Still: Voluntary Restraint Against Gun Suicide, Angela Selvaggio, Fredrick E. Vars

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No abstract provided.

Portmanteau Ascendant: Post-Release Regulations And Sex Offender Recidivism, J. J. Prescott

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The purported purpose of sex offender post-release regulations (e.g., community notification and residency restrictions) is the reduction of sex offender recidivism. On their face, these laws seem well-designed and likely to be effective. A simple economic framework of offender behavior can be used to formalize these basic intuitions: in essence, post-release regulations either increase the probability of detection or increase the immediate cost of engaging in the prohibited activity (or both), and so should reduce the likelihood of criminal behavior. These laws aim to incapacitate people outside of prison. Yet, empirical researchers to date have found essentially no reliable evidence …