Digital Commons Network^™

Mired In Meyer'S Mischief A Century After Fabrication Of Constitutional Parents' Rights, James G. Dwyer

Faculty Publications

The seminal Supreme Court decisions Meyer v. Nebraska and Pierce v. Society of Sisters, now commemorated on their centenary anniversary, are odd doctrinal ducks. They are both still routinely cited as the foundation for ascribing to persons on whom the state has conferred legal parent status a right under the Fourteenth Amendment Due Process Clause of the United States Constitution. (According to Westlaw, judicial citation count for Meyer now nears 3000, and secondary-source citations have surpassed 7000.) It is a constitutional right to force states to confer on them greater legal power than the state is otherwise inclined to …

Public Protest And Civil Unrest, Timothy Zick

Faculty Publications

Governments and officials must respond to protest-related civil unrest. How they do so is both an index of official respect for dissent and a measure of how committed governments are to democratic accountability. This Article examines official responses to civil unrest in connection with several recent high-profile demonstrations. In general, it concludes that governments and officials have relied on aggressive and increasingly draconian measures to quell protest-related civil unrest. Among other things, they have invoked emergency powers and used aggressive protest policing methods; dispatched federal agency personnel and threatened to deploy military forces to police demonstrations; enacted successive waves of …

Against The Sliding Scale, Alan J. Meese

Faculty Publications

Gavil and Salop claim that the Chicago School’s “conservative critique of antitrust law” has peddled numerous pro-defendant economic assumptions, misleading courts in their assessment of alleged exclusionary conduct. The resulting legal standards, they say, require plaintiffs to adduce too much evidence to establish a prima facie case, for instance, producing false negatives and thus allowing restraints that injure purchasers to avoid condemnation. Drawing on decision theory, they propose reforms to the rule of reason analysis applied to exclusionary agreements to extirpate the Chicago School’s baneful influence. In suggesting these reforms, they hope sometimes to alter the parties’ respective burdens of …

Carceral Bonds, Tyler E. Dougherty

Faculty Publications

Over the past 50 years, the U.S. financed a massive physical and fiscal expansion of prisons via the municipal bond market—with devastating results. This project is the first to shine a light on the role of municipal debt in state-level carceral decision making, spotlighting the ways that the municipal bond market affects states’ capacities to incarcerate.

This Article argues that the two primary controls of states’ use of the carceral bond market—(1) market discipline and (2) states’ fiscal constitutions—are particularly ineffective at limiting states’ spending on prisons. This failure to restrain states’ spending through the carceral bond market enables private …

Reflections On The Ferguson Report, Eisha Jain

Faculty Publications

This Essay reflects on the significance of the Investigation of the Ferguson Police Department by the Civil Rights Division of the Department of Justice (“Ferguson Report”). The Ferguson Report is a valuable teaching tool for criminal procedure because it documents detailed cases of police misconduct. But it also reveals how many deeply intrusive and over-reaching policing practices are not, in fact, unconstitutional. Reading the Report offers a window into how the law can enable misconduct, and it reveals how little opportunity the community affected had to create change.

The Nuances Of Prosecutorial Nonenforcement, Meighan R. Parsh, Carissa Byrne Hessick

Faculty Publications

The academic literature on prosecutors is divided: Some commentors believe that prosecutors should more aggressively use their ability to decline to bring charges, decreasing the overall number of criminal cases and helping to address the problem of mass incarceration. Others believe that broad prosecutorial nonenforcement poses significant risks to our constitutional order and public safety. While the visibility of this debate has increased—spilling over from the pages of law reviews into political campaigns and headlines—the terms of this debate are at times unclear. Prosecutorial nonenforcement is a multifaceted phenomenon, and discussions about its costs and benefits can obscure necessary tradeoffs …

Sealed Justice: Federal Courts' Inconsistent Record-Sealing Rules And Their Impact On Judicial Transparency, David S. Ardia

Faculty Publications

Public access to court records is a cornerstone of democratic governance, enabling public oversight of the judiciary and fostering confidence in the rule of law. Despite a strong presumption in favor of openness under both the First Amendment and common law, the sealing of federal court records has become widespread, often with minimal judicial scrutiny. Re-cent investigations have revealed that excessive court secrecy shields government and corporate misconduct, conceals vital public-safety information, and erodes public confidence in the courts.

This Article presents the first comprehensive analysis of the local rules governing sealing in all 94 federal districts, reviewing more than …

Editorial: Infrastructure Maintenance And Monitoring For Sustainable Cities, Yonas Kassa, Saeed Eftekhar Azam, Deepak Khazanchi, Brian Ricks

Faculty Publications

As cities continue to grow and evolve, maintaining and monitoring their infrastructure becomes an 2 increasingly challenging problem, requiring multidisciplinary approaches. This problem is as critical for 3 developing countries that are rapidly building their infrastructure (Gurara et al., 2018Ede et al., 2019) 4 as it is for already developed countries with aging infrastructure (Van Breugel, 2017). Researchers have 14 Such developments can also be integrated into digital twinning-a technology approach that creates 15 virtual replicas of physical infrastructure elements, systems, and cities-that offers a dynamic framework 16 for real-time monitoring and predictive maintenance through data integration and simulation. The …

Trajectories Of Offending Over 9 Years After Youths' First Arrest: What Predicts Who Desists And Who Continues To Offend?, Elizabeth Cauffman, Jordan Beardslee, Colleen Sbeglia, Paul J. Frick, Laurence Steinberg

Faculty Publications

Antisocial and illegal behavior generally declines as youth approach adulthood, but there is significant individual variation in the timing of the peak and decline of offending from adolescence to young adulthood. There are two primary research questions in the present study. First, are there subgroups of youth who follow similar patterns of offending over the nine years after their first arrest? Second, what baseline factors predict which youth will follow each pattern of offending? Data were drawn from the Crossroads study, which includes a sample of racially and ethnically diverse boys who were interviewed regularly for 9 years following their …

The Prosecutor Vacancy Crisis, Adam M. Gershowitz

Faculty Publications

There is a prosecutor vacancy crisis in the United States. Prosecutors are quitting in droves and there are few applicants to replace them. In Houston and Los Angeles, more than 15% of prosecutor positions are open. In Detroit, the vacancy rate exceeds 20%. In Alameda, 25% of prosecutor positions are empty. And in Miami, a staggering 33% of prosecutor positions are unfilled. The situation is equally dire in many large and small counties across the nation.

Drawing on data and interviews from more than two-dozen district attorney’s offices, this Article documents how low salaries, massive caseloads, lack of remote work …

Financial Impacts Of 2020 Labor Day Wildfires To Oregon Highways, Kevin Christiansen, Rubayet Bin Mostafiz, Ayat Al Assi, Robert V. Rohli, Carol J. Friedland

Faculty Publications

Wildfire-caused damage to highways has a significant financial cost to the local, regional, and state jurisdictions where they occur. This study examines the financial ramifications of the harm caused to highways by megafires, using a case study of the highways impacted in the U.S. state of Oregon by the five megafires that occurred during the 2020 Labor Day wildfires. This study proposes a method to classify financial road damage from these wildfires based upon curated datasets collected from the Oregon Department of Transportation (ODOT). Hence, this study presents a dataset with labeled classes, which include physical, roadway, and traffic. Physical …

The Power Of Homeownership: The Case For Iowa Heartland Habitat For Humanity, Esha Jayswal, Joseph Ugrin, Disa Cornish, Brent Buhr, Ali Parrish

Faculty Publications

This research examines the impact of financially assisted homeownership for Iowa Heartland Habitat for Humanity home recipients as measured in life satisfaction. We develop and assess a model with homeownership as the independent variable and financial well-being, current health, and psychological well-being as mediating variables that impact life satisfaction. We utilize data from 184 Iowa Heartland Habitat for Humanity homeowners and applicants to test the model. The findings show that homeownership through Iowa Heartland Habitat for Humanity is related to life satisfaction. That relationship is partially mediated by financial well-being, current health, and psychological well-being, where the mediating variables amplify …

Returnees’ Perspectives Of The Adverse Impact Of Forced Displacement On Children, Itunu O. Ilesanmi, Jasmine D. Haynes, Florence O. Ogundimu

Faculty Publications

Conflict-related forced displacement, characterized by the experiences of witnessing violent acts, bombing, torture, separation, and the execution of family members, can severely and negatively impact a child’s social determinants of health (SDOH). These experiences are both direct and indirect forms of adverse childhood experiences (ACEs), and urgent attention is needed to understand the impact of forced displacement on children, who are a vulnerable group, and to develop interventions for all systems that influence the child. This phenomenological qualitative study involved in-depth interviews based on the experiences of returnees (n = 20), who are parents of children who experienced forced displacement. …

Too Sensitive Or Not Sensitive Enough? Sensitivity To Context And Justice-Involved Youths' Response To Violence Exposure, Colleen Sbeglia, Curtis Donovyn Smith, Paul J. Frick, Laurence Steinberg, Elizabeth Cauffman

Faculty Publications

With high rates of violence exposure among justice-involved youth, it is critical to identify factors that might impact the likelihood of youth engaging in violence themselves. One such factor is sensitivity to context, which describes how sensitive youth are to experiences in their environment. Using an ethnically diverse sample of justice-involved male adolescents (47% Latino, 38% Black/African American, 15% White) aged 13-17 at the time of their first arrest, the results of this study indicate that exposure to violence was related to increased violent behavior six months later, and this effect was strongest among youth who were low in sensitivity …

Blast Wave Simulator For Laminated Glass Panels Experimental Evaluation, Mahmoud T. Nawar, Ayman El-Zohairy, Alaa El-Sisi, Hani Salim

Faculty Publications

The study of blast loads on structures is important due to the potential of significant consequences in various scenarios. From terrorist attacks to industrial accidents, comprehending how structures respond to blast waves is critical for ensuring public safety and designing resilient structures. Studying these effects typically involves two main methods: free-field tests with live explosives and shock tube tests. Although shock tube testing offers certain advantages, both approaches are costly and demand significant space. This research aims to develop a cost-effective and straightforward technique for generating stress waves that closely replicate the progressive and spatial characteristics of free-field or shock …

Spatiotemporal Analysis Of Nighttime Crimes In Vienna, Austria, Jiyoung Lee, Michael Leitner, Gernot Paulus

Faculty Publications

Studying the spatiotemporal dynamics of crime is crucial for accurate crime geography research. While studies have examined crime patterns related to weekdays, seasons, and specific events, there is a noticeable gap in research on nighttime crimes. This study focuses on crimes occurring during the nighttime, investigating the temporal definition of nighttime crime and the correlation between nighttime lights and criminal activities. The study concentrates on four types of nighttime crimes, assault, theft, burglary, and robbery, conducting univariate and multivariate analyses. In the univariate analysis, correlations between nighttime crimes and nighttime light (NTL) values detected in satellite images and between streetlight …

Enhancing Bridge Resilience And Overheight Vehicle Mitigation Through Innovative Sacrificial Cushion Systems, Aly Mousaad Aly, Marc Hoffmann

Faculty Publications

Transportation departments have made significant strides in addressing the challenges posed by the increasing weights of trucks on bridges. While there is a growing awareness of overheight vehicle collisions with bridges, implementing effective countermeasures remains limited. The susceptibility of bridges to damage from such collisions is on the rise, further exacerbated by unpredictable lateral impact forces. This study employs nonlinear impact analysis to assess the response of an unprotected vehicle-girder model, yielding realistic deformation outcomes comparable to observed impacts on the US-61 bridge. Predictions for a truck traveling at 112.65 km/h indicate deformations of 0.229 m, 0.161 m, and 0.271 …

Evaluating Climate Change Hazards Within The Us Midwest Zone, Yaw Twumasi, E. C. Merem, S. Fageir, D. Olagbegi, J. Wesley, R. Coney, Y. Babalola, T. Thomas, A. Hines, G. Hirse, G. S. Ochai, E. Nwagboso, M. Crisler, S. Leggett, J. Offiah, S. Emeakpor

Faculty Publications

The US Midwest region known for its web of lakes, rivers and vast swaths of farmland ranks high as the nation’s food basket. Being a huge agricultural hub tied to global markets, the region’s immediate influence spans across multiplicity of states supported by a flourishing supply chain network sustained by farming centers and activities in and outside of the Midwest. Notwithstanding the region’s place as an active farm hub, it is slowly emerging as an epicenter of changing climatic hazards with the manifestations evident in different forms over the years. With many of the risks and recurrent changes now a …

Charting The Scorched Trails: A Comparative Analysis Of Roadway Damage From Historical Megafires To The Unprecedented 2020 Labor Day Wildfires On The Usa West Coast, Kevin Christiansen, Ayat Al Assi, Rubayet Bin Mostafiz, Robert V. Rohli

Faculty Publications

Roadways in the US states of Washington (WA), Oregon (OR), and California (CA) incurred extraordinary damage during the 2020 Labor Day wildfires. However, the cost and risk of these fires have not been placed in a historical perspective. This study examines the damage to roadways affected by the 2020 Labor Day wildfires in relation to the history of megafires in WA (1902–2023), OR (1845– 2023), and CA (1889–2023) using carefully selected data sets gathered from the Washington State Department of Transportation (WSDOT), Oregon Department of Transportation (ODOT), and California Department of Transportation (Caltrans). A method for classifying road damage from …

Can The Excessive Fines Clause Mitigate The Lfo Crisis? An Assessment Of The Caselaw, Michael M. O'Hear

Faculty Publications

The nation’s increasing use of fees, fines, forfeiture, and restitution has resulted in chronic debt burdens for millions of poor and working-class Americans. These legal financial obligations (LFOs) likely entrench racial and socioeconomic divides and contribute to the breakdown of trust in the police and courts in disadvantaged communities. One possible source of restraint on LFOs may be the Excessive Fines Clause of the Eighth Amendment. Largely ignored by courts and commentators for two centuries, the Clause has in recent years been the subject of a burgeoning volume of litigation and scholarship. The U.S. Supreme Court has decided a handful …

Guns, Vices And Freedom, Oh My: A Preliminary Empirical Investigation, Royce De R. Barondes

Faculty Publications

This Essay estimates factors within States that are associated with per capita firearms ownership and the extent of legal restrictions con-cerning firearms. The metrics are: for the former, a proxy consisting of the fraction of suicides with a firearm; for the latter, Giffords Law Center’s ratings of the restrictiveness of a State’s regulation of fire-arms. For each, the Essay estimates the relationship between it and each of the levels of vices and freedom.

The Giffords score (more restrictions scored higher) is negatively related to the Cato Institute’s measure of overall freedom and regula-tory policy freedom but positively related to Cato’s …

Designing Sanctuary, Rick Su

Faculty Publications

In recent decades, a growing number of cities in the United States have adopted “sanctuary policies” that limit local participation in federal immigration enforcement. Existing scholarship has focused on their legality and effect, especially with respect to our nation’s immigration laws. Largely overlooked, however, is the local process through which sanctuary policies are designed and the reasons why cities choose to adopt them through city ordinances, mayoral orders, or employee handbooks. This Article argues that municipal sanctuary policies are far from uniform, and their variation reflects the different local interests and institutional actors behind their adoption and implementation. More specifically, …

Afbnet: A Lightweight Adaptive Feature Fusion Module For Super-Resolution Algorithms, Lirong Yin, Lei Wang, Siyu Lu, Ruiyang Wang, Haitao Ren, Ahmed Alsanad, Salman A. Alqahtani, Zhengtong Yin, Xiaolu Li, Wenfeng Zheng

Faculty Publications

At present, super-resolution algorithms are employed to tackle the challenge of low image resolution, but it is difficult to extract differentiated feature details based on various inputs, resulting in poor generalization ability. Given this situation, this study first analyzes the features of some feature extraction modules of the current super-resolution algorithm and then proposes an adaptive feature fusion block (AFB) for feature extraction. This module mainly comprises dynamic convolution, attention mechanism, and pixel-based gating mechanism. Combined with dynamic convolution with scale information, the network can extract more differentiated feature information. The introduction of a channel spatial attention mechanism combined with …

Justice Theater In The Criminal Law Curriculum, Gregory Brazeal

Faculty Publications

For the last half-century, law students have been required to take a criminal law course that ostensibly trains them to think critically about the justifications for criminal punishment. The same students have then gone on to serve as central actors in a system of mass incarceration that millions of Americans today view as profoundly unjust. How did this happen? A number of legal scholars, notably including Alice Ristroph in her 2020 Article "The Curriculum of the Carceral State," have argued that the traditional criminal law curriculum has played a role in creating and reproducing the practices of mass incarceration. This …

How The Police Released Body-Worn Camera Footage Matters, Angelo Kevin Brown

Faculty Publications

Body-worn cameras (BWC) policies can have a significant impact on police-community relations in various ways, which this chapter will examine. BWCs have been implemented internationally, especially in the developed world. This chapter will primarily focus on law enforcement policies within the United States of America (USA). BWCs have become very common among law enforcement officers, including police officers, sheriff deputies, state patrol, and federal agents. No national law forces law enforcement to wear BWCs. Since no national policy outlines when footage can or cannot be released to the public, which leaves states and municipalities to deal with the legality and …

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. …

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 …

Standing And Criminal Law, F. Andrew Hessick, Sarah Benecky

Faculty Publications

According to the Supreme Court, the “irreducible constitutional minimum of Article III standing” is a concrete, particularized injury in fact that is traceable to the defendant and redressable by a favorable judgment. But this set of requirements does not apply in criminal cases. The federal government has authority to bring prosecutions for any violation of federal criminal law, regardless of whether the crime caused concrete harm to the United States or anyone else, and even though the punishment for the crime does not redress an injury in any conventional sense. This Article argues that the difference in standing requirements between …

Sentencing In An Era Of Plea Bargains, Jeffrey Bellin, Jenia I. Turner

Faculty Publications

The literature offers inconsistent answers to a question that is foundational to criminal law: Who imposes sentences? Traditional narratives place sentencing responsibility in the hands of the judge. Yet, in a country where 95% of criminal convictions come from guilty pleas (not trials), modern American scholars center prosecutors—who control plea terms—as the deciders of punishment. This Article highlights and seeks to resolve the tension between these conflicting narratives by charting the pathways by which sentences are determined in a system dominated by plea bargains.

After reviewing the empirical literature on sentence variation, examining state and federal plea-bargaining rules and doctrines, …