Digital Commons Network^™

The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus

Faculty Publications

No abstract provided.

Competition And Market Failure In The Antitrust Jurisprudence Of Justice Stevens, Alan J. Meese

Faculty Publications

No abstract provided.

Super Precedent, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Should Antitrust Education Be Mandatory (For Law School Administrators)?, Royce De R. Barondes, Thomas A. Lambert

Faculty Publications

The Executive Committee of the Association of American Law Schools has adopted a Statement of Good Practices that purports to limit the times when law schools may make offers to hire faculty members at other schools. Schools are generally not to make offers for indefinite appointments to professors on other faculties after March 1, subject to extension for two months with the consent of the incumbent's dean. They also are not to make offers contemplating resignation from a current faculty position more than two weeks following those deadlines. Proceeding on the assumption that the AALS policy, whose express terms are …

The Liberal State's Response To Religious Visions Of Education, James G. Dwyer

Faculty Publications

No abstract provided.

Universal Service: Problems, Solutions, And Responsive Policies, Allen S. Hammond Iv

Faculty Publications

Affordable access to telecommunications networks is extremely important to all Americans. The federal universal service policy is critical to ensuring affordable access for low income Americans and those living in rural and high cost areas, and on tribal lands. Consequently the nation’s commitment to preserving universal service has been longstanding and continues to this day.

While reform of the telecommunications universal service policy is clearly warranted, ignoring the impact of IP-enabled intermodal competition is counterproductive. In an era of IP-enabled convergence, ultimately, proposals and policies that solely focus on one technology platform will be less successful. Too often they will …

Faith-Based Miranda: Why The New Missouri V. Seibert Police Bad Faith Test Is A Terrible Idea, Joelle A. Moreno

Faculty Publications

No abstract provided.

Is There A Due Process Protected Right To Police Enforcement Of A Domestic Abuse Restraining Order?, Jay E. Grenig

Faculty Publications

No abstract provided.

Reforming Juvenile Delinquency Treatment To Enhance Rehabilitation, Personal Accountability And Public Safety, Douglas E. Abrams

Faculty Publications

This article describes the widespread violence, beatings and other abuse the U.S. Justice Department has found in its inspections of several state juvenile detention facilities. The article then discusses Missouri's Division of Youth Services (DYS), which is widely considered the national model of sound practices. The article concludes with recommendations for national reform.

Should Antitrust Education Be Mandatory (For Law School Administrators)?, Thom Lambert, Royce De R. Barondes

Faculty Publications

The purpose of this essay is merely to examine the pertinent antitrust issues. The essay proceeds on the assumption that the AALS policy, whose terms are precatory, speaks to what is in fact an agreement among law schools. As noted below, the policy itself contemplates that law school deans will seek waivers, in individual cases, extending the time periods for up to two months. Were the policy to be litigated, law schools might dispute the existence of an agreement. We believe, though, that the nature of the policy strongly suggests that it represents an agreement among law schools and that …

State Sentencing Policy And New Prison Admissions, Ben L. Trachtenberg

Faculty Publications

As the academy's focus has turned to sentencing in the wake of Blakely v. Washington and United States v. Booker, most commentators have continued their benign neglect of actual sentencing practices as they occur in state courts, not to mention whether and how such policies are effective in achieving the goals of criminal justice.This note examines trends in state sentencing policies and prison populations from the perspective of a would-be state reformer hoping to decrease her state's prison budget. Economic pressures, efficiency arguments, and social justice claims have combined to cause some states to desire lower prison populations, but few …

A New Circularly Polarized Rectenna For Wireless Power Transmission And Data Communication, Mohammod Ali, G. Yang, Roger A. Dougal

Faculty Publications

Small distributed wireless sensors are becoming very important in many aspects of our lives. While low data rate passive sensors operate with little energy there is a need for moderate to high data rate distributed sensors for infrastructure monitoring and other applications. Such sensors will require their batteries or onboard capacitors to be charged when depleted for proper operation. In this letter, we propose a circularly polarized (CP) microstrip patch antenna that can function as a WLAN antenna in the 5.15-5.35 GHz and as a rectenna at 5.5 GHz.

Confronting The Changed Circumstances Of Free Speech In A Media Society, Patrick Garry

Faculty Publications

No abstract provided.

Special Defenses In Products Liability Law, David G. Owen

Faculty Publications

No abstract provided.

Albany In The Life Trajectory Of Robert H. Jackson, John Q. Barrett

Faculty Publications

We recall Supreme Court Justice and Nuremberg prosecutor Robert Houghwout Jackson (1892-1954) for many reasons, but certainly a leading one is the striking contrast between his humble origins and his exalted destinations. Jackson's life began literally in the deep woods, on a family farm in the gorgeous rural isolation of Spring Creek Township in northwestern Pennsylvania's Warren County. He spent his boyhood and obtained his basic public school education in Frewsburg, a small town in southwestern New York State. While still a teenager, Jackson spent one additional year as a high school student in nearby Jamestown, New York, but he …

The Challenge Of Motive In The Criminal Law, Elaine M. Chiu

Faculty Publications

The purchase of illegal drugs by an undercover police officer is commonly known as a “buy and bust” operation. In the twenty-first century, the stakes in the longstanding war on drugs are high as law enforcement and national security agencies join forces to confront the disturbing ties between terrorism and illegal narcotics. In addition to being a weapon in the arsenal of law enforcement, the buy and bust operation also tells an interesting story about motive in the criminal law. This article uses the simple street sale to demonstrate how the criminal law suffers from its ambivalent attitude towards the …

Rediscovering Vulgar Charity: A Historical Analysis Of America's Tangled Nonprofit Law, Thomas A. Kelley Iii

Faculty Publications

No abstract provided.

"National Security" Information And The Freedom Of Information Act, Christina E. Wells

Faculty Publications

Secrecy regarding national security information is a widely accepted phenomenon. Throughout history, however, such secrecy has proved problematic. Although officials often have credible and legitimate reasons to keep national security information secret, government secrecy initiatives have invariably expanded to encompass information beyond their initial rationale. Over time, we have come to realize the very real problems associated with excessive government secrecy.

Broken Scales: Obesity And Justice In America, Adam Benforado, Jon Hanson, David Yosifon

Faculty Publications

This Article is not so much about the scales we use to measure weight, but the scales we use to infer causation and assign responsibility-including the scales of justice. Ultimately, the problem we face is not obesity itself. Obesity is only a symptom of the problem. When scientists and public health experts point to various environmental agents-whether larger portion sizes, corn subsidies, video games, or urban sprawl-they, too, overlook the deeper source of our troubles. Our real problem is that we have an extremely difficult time seeing and understanding the role of unseen features in our environment and within us …

Lessons From Juvenile Justice History In The United States, Douglas E. Abrams

Faculty Publications

Properly understood, “juvenile justice” encompasses all four primary categories of juvenile court jurisdiction - - abuse and neglect, adoption, status offenses and delinquency. I will concentrate today on delinquency - - what states have done with * children found to have committed acts that would be crimes if committed by adults.

Spotlight: Response To Violence Against Women At The University Of Missouri At Columbia, Mary M. Beck

Faculty Publications

The University of Missouri (“MU”) sits in the picturesque college town of Columbia on the largest and oldest campus of the Missouri University system. MU is a land grant institution created with funds and land appropriated by the Morrill Acts of 1862 and 1890. The University “honors [that public trust] and accepts the associated accountability” by acquiring, creating, transmitting, and preserving knowledge. “MU's primary mission in research and doctoral education . . . provides the basis for service to the people of [Missouri] via outreach programs.” Domestic violence impacts MU's land grant influenced service mission. Its organizational departments, educational units, …

The Ethics Of Using Judges To Conceal Wrongdoing, John P. Freeman

Faculty Publications

No abstract provided.

Information Control In Times Of Crisis: The Tools Of Repression (Symposium, Privacy And Surveillance), Christina E. Wells

Faculty Publications

This article identifies several tools of information control that occur consistently throughout history. The government does not use all of these tools in every national security crisis. Nor does it always abuse them. However, the patterns that emerge suggest a certain predictability to (1) the government's actions during national security crises, and (2) the potentially negative consequences flowing from them that warrants our attention. Understanding this historical pattern of government action allows one to identify and potentially prevent future problems. This is especially important in the post-9/11 world in which the government has asked for and received controversial powers with …

Contextual Strict Scrutiny And Race-Conscious Policy Making, Angelo N. Ancheta

Faculty Publications

No abstract provided.

Privacy On The Open Road, Dorothy J. Glancy

Faculty Publications

The discussion begins by describing some of the surveillance techniques and technologies that can affect the privacy of travelers along public roadways. Then the article turns to examine some of the privacy interests of people on the open road. The next part considers some of the many types of legal rights that protect the privacy of people on public roads or highways. The article concludes by addressing the principle that people on the open road have important rights to freedom from intrusions and interferences with their on-the-road activities.

International Decision [Availability Of U.S. Courts To Review Decision To Hold U.S. Citizens As Enemy Combatants - Executive Power In War On Terror], David Sloss

Faculty Publications

No abstract provided.

Continuity Of Congress: A Play In Three Stages, Howard M. Wasserman

Faculty Publications

No abstract provided.

Human Rights And Genetic Discrimination: Protecting Genomics' Promise For Public Health, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.

The Aggressive Driving Behavior Scale: Developing A Self-Report Measure Of Unsafe Driving Practices, John M. Houston, Paul Harris

Faculty Publications

The purpose of this study was to investigate the reliability and validity of a new 11-item measure of aggressive driving, the Aggressive Driving Behavior Scale, which focuses on behaviors rather than cognitions, emotions, or motivational states. Based on a sample of 200 undergraduates, 111 women and 89 men), the study examined the convergent validity of the new scale with measures of hostility, hypercompetitiveness, and aggressive thoughts and emotions experienced during driving. A principal component analysis of the Aggressive Driving Behavior Scale (alpha = .80) yielded two factors that form reliable subscales labeled Speeding and Conflict Behavior. As expected, the total …