Digital Commons Network^™

Principles Of Prosecutor Lenience, Jeffrey Bellin

Faculty Publications

[T]here are profound questions about the when and why of lenience, and particularly prosecutor lenience. The answers speak to one of the great mysteries of American criminal law: the role of the prosecutor. I have taken on this mystery in recent years and continue the effort here by offering a skeletal framework for prosecutor leniency. The framework proposes three principles of prosecutor lenience. Prosecutor lenience should be (1) non-arbitrary, (2) equal, and (3) abundant.

[...]

This Symposium Essay explores prosecutorial lenience through the lens set out above. Part I defines prosecutorial lenience and proposes three principles to guide its exercise. …

Ai-Based Evidence In Criminal Trials?, Sabine Gless, Fredric I. Lederer, Thomas Weigend

Faculty Publications

Smart devices are increasingly the origin of critical criminal case data. The importance of such data, especially data generated when using modern automobiles, is likely to become even more important as increasingly complex methods of machine learning lead to AI-based evidence being autonomously generated by devices. This article reviews the admissibility of such evidence from both American and German perspectives. As a result of this comparative approach, the authors conclude that American evidence law could be improved by borrowing aspects of the expert testimony approaches used in Germany’s “inquisitorial” court system.

Symposium Introduction: The Effect Of Dobbs On Work Law, Nicole Buonocore Porter

Faculty Publications

In March 2023, Chicago-Kent College of Law hosted a symposium—The Effect of Dobbs on Work Law—to explore the ways that the Dobbs abortion decision has affected the workplace. The presenters at that live symposium wrote articles that are being published in this journal. As the host of the symposium and the Editor of this Journal, I use this Article to introduce the articles in this symposium issue and to provide my reflections on them. I also briefly address the topic that I presented at the symposium—the effect of Dobbs on people with disabilities.

2023 State-Of-The-States Survey Of Jury Improvement Efforts, Paula Hannaford-Agor, Morgan Moffett, Breanna Bell

Faculty Publications

In 2007, the National Center for State Courts (NCSC) published findings from the State-of-the-States Survey of Jury Improvement Efforts (SOS Survey), the first comprehensive snapshot of jury operations and jury trial practices in the United States. The 2007 SOS Survey featured three discrete components: a statewide survey documenting legal infrastructure for juries and jury trials in each state; a local court survey, which documented jury operations at the county-level in state courts; and a judge & lawyer survey, which asked respondents to describe the characteristics and procedures employed in their most recent jury trial.

By the mid-2010s, NCSC began receiving …

National Security And Federalizing Data Privacy Infrastructure For Ai Governance, Margaret Hu, Eliott Behar, Davi Ottenheimer

Faculty Publications

This Essay contends that data infrastructure, when implemented on a national scale, can transform the way we conceptualize artificial intelligence (AI) governance. AI governance is often viewed as necessary for a wide range of strategic goals, including national security. It is widely understood that allowing AI and generative AI to remain self-regulated by the U.S. AI industry poses significant national security risks. Data infrastructure and AI oversight can assist in multiple goals, including: maintaining data privacy and data integrity; increasing cybersecurity; and guarding against information warfare threats. This Essay concludes that conceptualizing data infrastructure as a form of critical infrastructure …

Speech Regulation And Tobacco Harm Reduction, Jonathan H. Adler, Jacob James Rich

Faculty Publications

Part I of this essay describes what is currently understood about the relative health risks of ENDS [electronic nicotine delivery systems] and other vaping products, particularly as compared to combustible cigarettes.

Part II of this essay describes the current regulatory regime governing tobacco products and how this regime has been applied to ENDS and other vaping products.

Part III of this essay explains how the FDA’s regulatory regime hampers the ability of ENDS manufacturers to inform consumers about the relative risks of their products and the potential use of ENDS as smoking cessation aids.

Part IV explains why this regulation …

Mothers With Disabilities In The Workplace Post-Pandemic & Post-Dobbs, Nicole Buonocore Porter

Faculty Publications

Between when I wrote Mothers with Disabilities and Fall 2023, two major developments have occurred that justify revisiting this topic. The first is the COVID-19 pandemic, which dramatically changed all aspects of our work lives and home lives. The second is the Supreme Court’s landmark decision in 2022, Dobbs v. Jackson Women’s Health Organization, which overturned a woman’s constitutional right to have an abortion. Both of these developments have unique, sometimes conflicting effects on mothers with disabilities.

Accordingly, this Article explores the workplace effects of the pandemic and the Dobbs decision on mothers with disabilities. Drawing on my prior …

Mercy For The Masses: A Default Rule For Automatically Triggered Commutations, Adam Gershowitz

Faculty Publications

This Essay considers how governors who are interested in reducing mass imprisonment can provide “mercy for the masses” who are in the middle of the criminal justice punishment spectrum. It draws on the successful mass pardons for misdemeanor marijuana offenses, as well as the aspects of the Obama Clemency Initiative that worked well. The proposals that follow offer four variations on a default rule for automatic, but modest, mass commutations.

[...]

This Essay proceeds as follows. First, Part I explains how the modern clemency power has often been focused on death penalty cases and low-level misdemeanors. Part II then recounts …

Becoming A Doctrine, Allison Orr Larsen

Faculty Publications

On the last day of the 2021–22 Term, the Supreme Court handed down a decision on “the major questions doctrine” and granted certiorari to hear a case presenting “the independent state legislature doctrine”—neither of which had been called “doctrines” there before. This raises a fundamental and underexplored question: how does a doctrine become a doctrine? Law students know the difference between doctrinal classes and seminars, but how does an idea bantered about in a seminar (say, about agencies deciding major questions) become a “doctrine” complete with judicial tests, steps, and exceptions? Taking an analogy to medicine, when does …

Permitting The Future, Jonathan H. Adler

Faculty Publications

Introduction to the research colloquium, "Permitting the Future" (2023) sponsored by the Coleman P. Burke Center for Environmental Law and the Property and Environment Research Center.

Papers "explore the ways in which the extensive permitting and review requirements adopted at the federal and state level are constraining needed development and infrastructure and suggest possible avenues of reform."

Reimagining The Inclusive Jury, Anna Offit

Faculty Publications

At the height of the COVID-19 pandemic, everyday life for many Americans was upended. And yet, the jury trial remained viable — even vital. Faced with an era-defining public health disaster, courts innovated, embracing novel technologies and techniques to reimagine where and how justice might be made. But why did it take a pandemic to spur this kind of institutional creativity? Prior to the outbreak of COVID-19, people who were otherwise eligible to participate as jurors were routinely — and uncontroversially — struck or exempted from service due to limited mobility, vision and hearing loss, and caregiving responsibilities. Recent experience …

The Delegation Doctrine, Jonathan H. Adler

Faculty Publications

Despite the focus on the Court’s recent major questions cases, signs of an emergent delegation doctrine can also be found elsewhere. Most significantly, seeds of a delegation doctrine have been planted within the Court’s Chevron jurisprudence. The Court’s increased reluctance to grant Chevron deference to administrative agencies--and its insistence that courts first conclude that interpretive authority has been delegated before deferring to any agency interpretation—rests on the same core premise as the Court’s recent major questions doctrine decisions. It also suggests that the “new” major questions doctrine is not as new as it might seem, but rather a logical outgrowth …

Naming, Expressive Interests, And The Law: The Implications Of Governmental Form Design, Laura A. Heymann

Faculty Publications

The design of governmental forms can result in restrictions on the ability of individuals to submit truthful personal naming choices, such as when a form field has character limitations or does not accept diacritics. In some instances, form design operationalizes government policy. But in other instances, form design can itself create law by limiting the ability to submit accurate names on the front end. Awareness of the legal implications of form design is critically important. A more inclusive and accurate approach toward the legal documentation of naming choices means that forms should adapt to people, not the other way around.

Debt, Race, And Physical Mobility, Kate Sablosky Elengold

Faculty Publications

Residents in every state in the United States can lose their driver’s license or car registration because they owe debt to the state. At least eleven million people across the United States suffer these debt-based driving restrictions at any given time. Because Americans overwhelmingly rely on personal automobiles for transportation, states, by controlling access to driver’s licenses and vehicle registrations, use debt policy to control where and how people travel. And because these laws disproportionately affect people of color, primarily Black people, this kind of regulation props up racial segregation in both location and opportunity. This Article’s first contribution is …

Masking Identity At Public Protests, Deborah R. Gerhardt

Faculty Publications

This Article will explore these issues to assist those seeking to enact constitutionally valid mask policies. To situate today’s mask regulation challenges in the context of American history, Part I reviews events that led to enactment of anti-mask laws many years ago. Part II explains when the First Amendment protects the right to wear a mask in public and when such permission may be lawfully abridged. The section explains the importance of analyzing whether wearing a mask in public is sufficiently expressive to merit First Amendment protection. When it is, the next challenge is to identify the constitutional standard for …

Rethinking Tax Information: The Case For Quarterly 1099s, Kathleen Delaney Thomas

Faculty Publications

When an electricity provider wants customers to pay their bills monthly, it sends them a bill each month. Yet, this is not how the tax system works— at least not for independent contractors. Their taxes are due quarterly, but they receive a tax statement (Form 1099) only one time a year. It is up to the individual, then, to know when their taxes are due and how to pay them, and it is on that individual to estimate how much they owe each quarter. As a result, compliance for independent contractors—particularly for online platform workers—tends to be lacking. Failure to …

Immediate Repeated Reading Has Positive Effects On Reading Rate For English Language Learners: An Eye-Tracking Study, Jennifer Hemmert Hansen, Grant Eckstein, Troy L. Cox, Steven G. Luke, Krista Rich

Faculty Publications

Fluent and skillful reading in English requires efficient and automatic letter and word recognition. Dysfluent reading can affect motivation for reading in English language learners, thereby limiting access to a wealth of language input from written texts. Extensive research of repeated reading in first language (L1) settings has been shown to increase reading rate, while comparatively little research has been done on repeated reading in second language (L2) settings. The objective of this eye-tracking study was to accurately document early and late reading processes in an immediate repeated reading exercise to observe how repeated reading affects reading rate in adult …

Putting Students In Their Place. The Role Of Placement Testing In Language Programs, Troy L. Cox, Matthew P. Wilcox

Faculty Publications

A perennial issue that nearly all language programs face with the arrival of new students is: where is the best place for each student to begin their course of study within our curricular structure given their current language abilities? When students have no previous language learning experience, the decision seems easy: place them in the beginning- level class. But when students have prior experience, deciding where they belong becomes more complicated given the wide range in the quality and quantity of previous exposure and the level of ability attained. Programmatic exigencies and resources may constrain student placement even further.

In …

Psychological Traits And Public Attitudes Towards Abortion: The Role Of Empathy, Locus Of Control, And Need For Cognition, Jiuqing Cheng, Ping Xu, Chloe Thostenson

Faculty Publications

In the summer of 2022, the U.S. Supreme Court overturned the historic Roe v. Wade ruling, prompting various states to put forth ballot measures regarding state-level abortion rights. While earlier studies have established associations between demographics, such as religious beliefs and political ideologies, and attitudes toward abortion, the current research delves into the role of psychological traits such as empathy, locus of control, and need for cognition. A sample of 294 U.S. adults was obtained via Amazon Mechanical Turk, and participants were asked to provide their attitudes on seven abortion scenarios. They also responded to scales measuring empathy toward the …

Intermittent Digital Fasting: The Mental Health Benefits Of A One-Hour Daily Social Media Hiatus, Austin Lahue, James Gaskin, Kennedy Daniel

Faculty Publications

In an era where social media ubiquity persists, concerns over its impact on mental health have escalated. This preliminary study investigates the effects of a one-hour daily social media hiatus on the mental wellbeing of 60 college students over two weeks. Unlike common interventions demanding prolonged abstinence, this research explores a more feasible, short-term avoidance approach. The experimental design, including treatment and control groups, illuminates the potential mental health benefits of brief, yet regular, digital disengagements. Preliminary results suggest that even minimal breaks from social media can yield significant improvements in users' mental health. Interestingly, these benefits come not from …

Enhancing The Textbook’S Cultural Content Within The University Museum: Students’ Perceptions Of Two Activities, Nausica Marcos Miguel, Megan Hancock

Faculty Publications

No abstract provided.

Association Between Sociodemographics And Change In Alcohol Or Tobacco Use Behaviors During The Covid-19 Pandemic, Selam Habtemariam, Chloe M. Hery, Xiaochen Zhang, Mengda Yu, Darren Mays, Toyin Adeyanju, Brittany Bernardo, Electra D. Paskett

Faculty Publications

No abstract provided.

A Randomized Controlled Trial Of The Happy, Healthy, Loved Personalized Text-Message Program For New Parent Couples: Impact On Breastfeeding Self-Efficacy And Mood, Erin J. Henshaw, Marie Cooper, Teresa Wood, Sanchita Krishna, Marie Lockhart

Faculty Publications

No abstract provided.

Science And The Pulpit: Clerical Perspectives On Science And Religion In The United States, Shiri Noy, Timothy L. O'Brien

Faculty Publications

No abstract provided.

Digital Usage Of Indian Teleworkers In Home Settings: A Digital Inclusion Framework, Anindita Paul, Borchuluun Yadamsuren, Kim M. Thompson

Faculty Publications

This research focuses on ICT adoption and digital use by teleworkers operating from their homes during the pandemic in India. A two-phase mixed-method approach is used: Phase 1 involved in-depth interviews with three individuals during the pandemic, findings from which were used along with the Factors Affecting Digital Inclusion (FDI) model (Thompson & Paul, 2020) to develop the survey instrument for Phase 2. This survey was distributed to professionals via listservs, and the FDI model was subsequently utilized to analyze the survey responses. The study’s findings highlighted multiple factors related to digital inclusion among teleworkers that could impact work productivity. …

Tribes,States, And Sovereigns' Interest In Children, Emily Stolzenberg

Faculty Publications

Haaland v. Brackeen, the unsuccessful SCOTUS challenge to the Indian Child Welfare Act (ICWA), trumpeted a critique made consistently over the statute’s 45-year history: that ICWA harms Indian children by subordinating their interests to their tribes’ interests, unlike State family law, which pursues the “best interests of the child.” This critique is likely to underpin future challenges to ICWA—and it is wrong in both fact and theory. Not only does ICWA generally benefit Indian children. More fundamentally, a tribe’s interest in Indian children corresponds directly to an interest States regularly pursue vis-à-vis all children: the political community’s interest in self-perpetuation. …

Alterity As A Mirror Of Identity: Primo Levi’S Self Representation In Other People’S Trades, Ilona Klein

Faculty Publications

Primo Levi reveals much about himself in the fifty-one short essays of L’altrui mestiere (Other People’s Trades). This study analyzes L’altrui mestiere as the awareness of the “self” through the observation of “otherness” — other people, but also other living beings which are not human (mammalian animals and insects), others as minerals, and others as hypotheses, theories, writings, microcosmic or macrocosmic conceptions that Levi uses to weave a discourse of “alterity” as a mirror of “identity.” L’altrui mestiere’s narrative pattern revolves around contrasts and comparisons between the familiar and the unfamiliar, the canny and the uncanny, the …

Distribution: Understanding Customer-Facing Logistics In Africa, Emmanuel T. Kodzi

Faculty Publications

Companies seeking to do business in Africa often focus more on challenges they need to address, rather than opportunities presented to them. The need to manage their investments across diverse countries, population profiles, infrastructure development levels, and local capabilities is viewed in terms of complexity. However, improved situational understanding will better inform investment decisions regarding product movements among points of origin, production, and consumption. Several aspects of logistics may be considered in this regard, but we focus on customer-facing logistics. We assume that few companies have the capability and resources to both produce and deliver products to end-buyers in a …

Detecting Social Desirability Bias With Human-Computer Interaction: A Mouse-Tracking Study, Paul A. Weisgarber, Joseph S. Valacich, Jeffrey L. Jenkins, David Kim, Manasvi Kumar

Faculty Publications

Social desirability bias undermines self-report accuracy, necessitating novel approaches to detect and mitigate its impact. This study aimed to investigate the influence of social desirability on questionnaire responses by analyzing mouse cursor movements and answering behaviors. Respondents (n=238) completed a health and wellness questionnaire while their mouse cursor data was recorded. The results revealed that individuals under a higher social desirability treatment exhibited significantly longer response times and slower mouse cursor speeds, supporting the hypothesis that they may engage in more cautious and deliberate responding. However, no significant differences were found in terms of mouse cursor deviations or answer switches …

Who Has The Most Influence On Your Spirituality?, S. Joseph Kidder, Natalie M. Darisme

Faculty Publications

No abstract provided.