Digital Commons Network^™

The Surveillance Gap: The Harms Of Extreme Privacy And Data Marginalization, Michele Gilman, Rebecca Green

Faculty Publications

We live in an age of unprecedented surveillance, enhanced by modern technology, prompting some to suggest that privacy is dead. Previous scholarship suggests that no subset of the population feels this phenomenon more than marginalized communities. Those who rely on public benefits, for example, must turn over personal information and submit to government surveillance far more routinely than wealthier citizens who enjoy greater opportunity to protect their privacy and the ready funds to secure it. This article illuminates the other end of the spectrum, arguing that many individuals who may value government and nonprofit services and legal protections fail to …

Gone With The Wind: The Evolving Influence Of Social Movements And Counter Movements On Entrepreneurial Activity In The U.S. Wind Industry, W. Chad Carlos, Wesley D. Sine, Brandon H. Lee, Heather A. Haveman

Faculty Publications

Social movements can disrupt existing industries and inspire the emergence of new markets by drawing attention to problems with the status quo and promoting alternatives. We examine how the influence of social movements on entrepreneurial activity evolves as the markets they foster mature. Theoretically, we argue that the success of social movements in furthering market expansion leads to three related outcomes. First, the movement-encouraged development of market infrastructure reduces the need for continued social movement support. Second, social movements’ efforts on behalf of new markets increase the importance of resource availability for market entry. Third, market growth motivates countermovements that …

Game Spirituality: How Games Tell Us More Than We Might Think, Chad Carlson

Faculty Publications

While we often see games as less serious or at least less transcendental than religion there is reason to believe that games can evoke similarly meaningful narratives that allow us to learn a great deal about ourselves and our world. And games do so often using the same symbolic and metaphorical mechanisms that generate meaning in religious experience. In this paper, I explore some of the ways in which game myths—the myths created from and through games—generate meaning in our lives. People experience myths in games very similarly to how they might in religion. I first explain what myth means …

“Nationwide” Injunctions Are Really “Universal” Injunctions And They Are Never Appropriate, Howard Wasserman

Faculty Publications

Federal district courts are routinely issuing broad injunctions prohibiting the federal government from enforcing constitutionally invalid laws, regulations, and policies on immigration and immigration-adjacent issues. Styled “nationwide injunctions,” they prohibit enforcement of the challenges laws not only against the named plaintiffs, but against all people and entities everywhere.

The first problem with these injunctions is one of nomenclature. “Nationwide” suggests something about the “where” of the injunction, the geographic scope in which it protects. The better term is “universal injunction,” which captures the real controversy over the “who” of the injunction, as courts purport to protect the universe of all …

Police Body-Worn Cameras, Seth W. Stoughton

Faculty Publications

Since the summer of 2014, community members, politicians, and police executives across the country have called for greater police accountability and improvements in police-community relations. Body-worn cameras are widely seen as serving both ends. Today, thousands of police agencies are exploring, adopting, and implementing body-cam programs. A survey by the Major Cities Chiefs Association and the Major County Sheriffs’ Association found that 95% of surveyed agencies had either implemented or were committed to implementing a BWC program.

Body-worn cameras are here, and more are coming. Mary Fan, for example, has described a “camera cultural revolution” in which “the future will …

Mccleskey V. Kemp: Field Notes From 1977-1991, John Charles Boger

Faculty Publications

No abstract provided.

The Intersection Between Young Adult Sentencing And Mass Incarceration, Josh Gupta-Kagan

Faculty Publications

This Article connects two growing categories of academic literature and policy reform: arguments for treating young adults in the criminal justice system more leniently than older adults because of evidence showing brain development and maturation continue until the mid-twenties; and arguments calling for reducing mass incarceration and identifying various mechanisms to do so. These categories overlap, but research has not previously built in depth connections between the two.

Connecting the two bodies of literature helps identify and strengthen arguments for reform. First, changing charging, detention, and sentencing practices for young adults is one important tool to reduce mass incarceration. Young …

Interest In Police Patrol Careers: An Assessment Of Potential Candidates' Impressions Of The Police Recruitment, Selection, And Training Processes, Charles Scheer, Michael Rossler, Leonard Papania

Faculty Publications

Both criminal justice researchers and practitioners have suspected that generational preferences and the nature of police patrol work have acted as dual forces leading potential police recruits away from police careers, resulting in large numbers of unfilled police positions. This challenge is exacerbated by accelerating retirements and expanding police duties. Police recruitment became an even larger managerial issue after the 2008 recession failed to resolve the most critical factor driving people away from police careers in the first place: police departments saw fewer and fewer qualified applicants, despite the recession bringing more applicants in number. In the wake of the …

Watch Or Report? Livestream Or Help? Good Samaritan Laws Revisited: The Need To Create A Duty To Report, Patricia G. Montana

Faculty Publications

In July 2017, a group of five Florida teenagers taunted a drowning disabled man while filming his death on a cell phone. In the video, the teenagers laughed and shouted harsh statements like "ain’t nobody finna to help you, you dumb bitch." At the moment the man’s head sank under the water for the very last time, one of the teenagers remarked: "Oh, he just died" before laughter ensued. None of the teenagers helped the man, nor did any of them report the drowning or his death to the authorities.

Because the Good Samaritan law in Florida, like in most …

Interrogation Parity, Kate Levine, Stephen Rushin

Faculty Publications

This Article addresses the special interrogation protections afforded exclusively to the police when they are questioned about misconduct. In approximately twenty states, police officers suspected of misconduct are shielded by statutory Law Enforcement Officer Bills of Rights. These statutes frequently limit the tactics investigators can use during interrogations of police officers. Many of these provisions limit the manner and length of questioning, ban the use of threats or promises, require the recording of interrogations, and guarantee officers a reprieve from questioning to tend to personal necessities. These protections, which are available to police but not to ordinary criminal suspects, create …

Punishing Criminals For Their Conduct: A Return To Reason For The Armed Career Criminal Act, Sheldon Evans

Faculty Publications

For over twenty-five years, the Armed Career Criminal Act has produced inconsistent results and has taxed judicial economy perhaps more than any other federal sentencing mechanism. This recidivist sentencing enhancement is meant to punish habitual criminals based on their numerous past crimes, but the Supreme Court’s application of the Act too often allows habitual criminals to escape the intended enhancement on a legal technicality. This comes as a result of the Court’s categorical approach, which punishes habitual criminal offenders based on the statutory elements of their past crimes rather than the conduct of their past crimes.

In an effort to …

Capitalizing On Criminal Justice, Eisha Jain

Faculty Publications

No abstract provided.

Proportionality And Other Misdemeanor Myths, Eisha Jain

Faculty Publications

No abstract provided.

Combatting Discrimination Against The Formerly Incarcerated In The Labor Market, Ifeoma Ajunwa, Angela Onwuachi-Willig

Faculty Publications

Both discrimination by private employers and governmental restrictions in the form of statutes that prohibit professional licensing serve to exclude the formerly incarcerated from much of the labor market. This Essay explores and analyzes potential legislative and contractual means for removing these barriers to labor market participation by the formerly incarcerated. First, as a means of addressing discrimination by the state, Part I of this Essay explores the ways in which the adoption of racial impact statements — which mandate that legislators consider statistical analyses of the potential impact their proposed legislation may have on racial and ethnic groups prior …

Blood Pressure Self-Monitoring In Pregnancy: Examining Feasibility In A Prospective Cohort Study, Katherine L. Tucker, Kathryn S. Taylor, Carole Crawford, James A. Hodgkinson, Clare Bankhead, Tricia Carver, Elizabeth Ewers, Margaret Glogowska, Sheila M. Greenfield, Lucy Annang Ingram Phd, Lisa Hinton, Khalid S. Khan, Louise Locock, Lucy Mackillop, Christine Mccourt, Alexander M. Pirie, Richard Stevens, Richard J. Mcmanus

Faculty Publications

BACKGROUND: Raised blood pressure (BP) affects approximately 10% of pregnancies worldwide, and a high proportion of affected women develop pre-eclampsia. This study aimed to evaluate the feasibility of self-monitoring of BP in pregnancy in women at higher risk of pre-eclampsia. METHODS: This prospective cohort study of self-monitoring BP in pregnancy was carried out in two hospital trusts in Birmingham and Oxford and thirteen primary care practices in Oxfordshire. Eligible women were those defined by the UK National Institute for Health and Care Excellence (NICE) guidelines as at higher risk of pre-eclampsia. A total of 201 participants were recruited between 12 …

Federalism And Constitutional Criminal Law, Brenner M. Fissell

Faculty Publications

A vast body of constitutional law regulates the way that police investigate crimes and the way that criminal cases are handled at trial. The Supreme Court has imposed far fewer rules regarding what can be a crime in the first place, how it must be defined, and how much it can be punished. What explains this one-sided favoring of “procedure” over “substance?” This Article aims to unearth and assess the justification that the Court itself most often uses when it refuses to place constitutional limits on substantive criminal law: federalism. While the Court often invokes the concept to rationalize its …

Algorithmic Jim Crow, Margaret Hu

Faculty Publications

This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the back end. In contrast, an Algorithmic Jim Crow regime allows for “equal but separate” discrimination. Under Algorithmic Jim Crow, equal vetting and database screening of all citizens and noncitizens will make it appear that fairness and equality principles are preserved on the front end. Algorithmic Jim Crow, however, will enable discrimination on …

Crimmigration-Counterterrorism, Margaret Hu

Faculty Publications

The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically-driven screening technologies can be better understood through the analytical prism of “crimmigrationcounterterrorism”: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced back to multiple migration law developments, including the Chinese Exclusion Act of 1882. To implement stricter immigration controls at the border and interior, both the federal and state governments developed immigration enforcement schemes that depended upon both biometric identification documents and immigration screening protocols. This Article uses contemporary attempts to implement an expanded regime of “extreme vetting” to …

“I’Ve Risen Up From The Ashes That I Created”: Record Clearance And Gendered Narratives Of Self-Reinvention And Reintegration, Elsa Chen, Ericka Adams

Faculty Publications

Record clearance allows some individuals to redesignate or remove certain minor convictions from their criminal records. This interview-based study finds that both men and women seek opportunities for personal gain through record clearance, but women are more motivated by moral and religious influences and concern about reputation. Women are also more likely than men to acknowledge personal flaws, and to desire to replace criminal identities with law-abiding identities. As women redefine their identities, caregiving is especially important as a personal obligation and professional aspiration. Record clearance is particularly compatible with women’s motivations, willingness to change, and personal and professional goals.

Robust Classification Of City Roadway Objects For Traffic Related Applications, Niveditha Bhandary, Charles Mackay, Alex Richards, Ji Tong, David Anastasiu

Faculty Publications

The increasing prevalence of video data, particularly from traffic and surveillance cameras, is accompanied by a growing need for improved object detection, tracking, and classification techniques. In order to encourage development in this area, the AI City Challenge, sponsored by IEEE Smart World and NVIDIA, cultivated a competitive environment in which teams from all over the world sought to demonstrate the effectiveness of their models after training and testing on a common dataset of 114,766 unique traffic camera keyframes. Models were constructed for two distinct purposes; track 1 designs addressed object detection, localization and classification, while track 2 designs aimed …

Lack Of Spatial Resilience In A Recovery Process: Case L'Aquila, Italy, Diana Contreras, Thomas Blaschke, Michael E. Hodgson

Faculty Publications

The lack of coordination between government agencies, involvement of the collaboration networks existing in the community, and incorporation of spatial planning in the location of the new settlements around L'Aquila (Italy) after the 2009 earthquake has delayed reconstruction of the city centre. The displaced population was relocated to 19 new settlements. These new settlements are characterized by a lack of urban facilities. The aim of this paper was to analyze the relationship between urban facilities, collaboration networks and lack of spatial resilience in the recovery process in L'Aquila. Specifically, we focused on the preferences of inhabitants to search for alternative …

Restroom Use, Civil Rights, And Free Speech "Opportunism", Timothy Zick

Faculty Publications

Commentators have expressed concerns that litigants are invoking the First Amendment's Free Speech Clause strategically, in order to compensate for the weakness or futility of other constitutional claims. The phenomenon has been given a label- "opportunism "-and scholars have examined some of its causes and consequences. This Article takes a closer and somewhat skeptical look at the concept offree speech "opportunism." It imagines that the Free Speech Clause will be invoked in challenges to laws or policies that restrict public restroom use based on a person's gender. Would such challenges be "opportunistic, " as the term has been defined? What …

The Blurred Blue Line: Reform In An Era Of Public & Private Policing, Seth W. Stoughton

Faculty Publications

In April 2017, the Alabama Senate voted to authorize the formation of a new police department. Like other officers in the state, officers at the new agency would have to be certified by the Alabama Peace Officers Standards and Training Commission. These new officers would be “charged with all of the duties and invested with all of the powers of law enforcement officers.” Unlike most officers in Alabama, though, the officers at the new agency would not be city, county, or state employees. Instead, they would be working for the Briarwood Presbyterian Church, which Senate Bill 193 authorized to “appoint …

Justice Scalia And Abortion Speech, Timothy Zick

Faculty Publications

No abstract provided.

Women In Community Corrections In New York City: Hiv Infection And Risks, Nabila El-Bassel, Phillip Marotta, Stacey Shaw, Mingway Chang, Xin Ma, D Goddard-Eckrich, Tim Hunt, Karen Johnson, Sharun Goodwin, Maria Almonte, Louisa Gilbert

Faculty Publications

Although the incidence of HIV among women on probation, parole and alternatives to incarceration programs is significant to public health, drivers of this concentrated epidemic among women under community corrections remain understudied. This study examined prevalence of HIV and sexually transmitted infections and the associations between substance use, sociodemographic factors and the prevalence of biologically-confirmed HIV and other sexually transmitted infections among a sample of 337 substance-using women recruited from community correction sites in New York City. Prevalence of HIV was 13% and sexually transmitted infections was 26% (Chlamydia, trachomatis and Neisseria gonorrhea). After adjusting for covariates, HIVpositive women were …

Free Speech And Terrorist Speech: An Essay On Dangerous Ideas, Thomas P. Crocker

Faculty Publications

Response to Alexander Tsesis, Terrorist Speech on Social Media, 70 Vand. L. Rev. 651 (2017).

Tv White Spaces In Public Libraries: A Primer, Kristen Rebmann, Emmanuel Te, Donald Means

Faculty Publications

TV White Space (TVWS) represents one new wireless communication technology that has the potential to improve internet access and inclusion. This primer describes TVWS technology as a viable, long-term access solution for the benefit of public libraries and their communities, especially for underserved populations. Discussion focuses first on providing a brief overview of the digital divide and the emerging role of public libraries as internet access providers. Next, a basic description of TVWS and its features is provided, focusing on key aspects of the technology relevant to libraries as community anchor institutions. Several TVWS implementations are described with discussion of …

Erasing The Mark Of A Criminal Past: Ex-Offenders’ Expectations And Experiences With Record Clearance, Ericka Adams, Elsa Chen, Rosella Chapman

Faculty Publications

Through the process of record clearance, individuals can have certain minor convictions removed from their criminal records or designated as expunged. This study analyzes data gathered from semi-structured interviews with 40 persons with past criminal convictions to examine the expectations of individuals who seek record clearance and the extent to which completion of the process facilitates efforts to reintegrate into society and desist from crime. The analysis finds that record clearance benefits ex-offenders through external effects, such as the reduction of barriers to employment, and internal processes, such as the facilitation of cognitive transformation and the affirmation of a new …

Growing Portland: Not Whether, But How, Richard Barringer Phd, Joseph Mcdonnell Phd

Faculty Publications

In the 400 years since European settlement, Portland has survived the ravages of war, invasion, pestilence, conflagration, and economic depression and recession. Once a renowned manufacturing, trade, and shipping center, it now enjoys what might be called a post-industrial renaissance as a vibrant center for the arts, education, entertainment, and banking, legal, and medical services; and is frequently cited as one of America’s best small cities. As a result, Portland is growing today and is positioned for more growth.

The question, then, is not whether Portland will grow, but how well it will grow; or, how best to manage the …

The Trolley And The Pinto: Cost-Benefit Analysis In Automated Driving And Other Cyber-Physical Systems, Bryant Walker Smith

Faculty Publications

Automated driving has attracted substantial public and scholarly attention. This brief Article describes how that attention has brought new fame to a classic philosophical thought experiment (the “trolley problem”), critiques how this thought experiment has been applied in that context, proposes a more practical extension of that experiment based on risk rather than harm, notes that this extension may still involve programming value judgments, argues with reference to the Ford Pinto debacle that these judgments could inflame juries or the public at large, and emphasizes the need for appropriately focused public discussion of these issues. The Article may be especially …