Digital Commons Network^™

The New Candian Defence: The Impact Of Undrip Article 30 On Canadian Domestic Defence Strategy, Preston Jordan Lim

Faculty Publications

Article 30 of the United Nations Declaration on the Rights of Indigenous Peoples articulates a general ban on military activities that take place on Indigenous territory. Despite the potentially significant consequences of article 30 for Canadian defence policy, few scholars have devoted serious attention to the article. This article will fill that gap by discussing the meaning of article 30 and suggesting approaches to implementation that the Canadian state ought to adopt. This article argues that, far from constraining Canadian defence strategy, article 30 may well serve as a catalyst, encouraging Canadian defence planners to take a more community-based approach …

Second Amendment Exceptionalism: Public Expression And Public Carry, Timothy Zick

Faculty Publications

In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court recognized a right to carry firearms in public places. The scope of that right will depend on where, why, and how governments regulated public carry during the eighteenth and perhaps nineteenth centuries. The Court claimed that its turn to history for determining the scope of Second Amendment rights “accords with” and “comports with” how the Court has interpreted First Amendment rights. This Article examines and rejects that claim, both in general and specifically as it applies to the public exercise of Second Amendment rights. Although Bruen …

The Right To Social Expungement, Itay Ravid

Faculty Publications

In recent years, policy makers advancing criminal legal reform have engaged
in attempts to correct years of harsh and expansive use of criminal laws. Two
main parallel trends dominate these attempts. One is forward-looking—the
decriminalization of many activities currently punishable by the criminal legal
system. The second is backward-looking, and related—expungement and vacatur
reforms that aim to allow individuals to start fresh.

While these latter efforts are intended to erase the criminal stain from official
criminal records, the non-official domain gained less traction, leading to an
absurd reality in which news stories about individuals’ criminal histories remain
accessible in the …

The Texas Second Chance Non-Disclosure/Sealing Gap, Colleen Chien

Faculty Publications

Texas Gov. Code Chap. 411 allows individuals whose criminal records meet certain conditions to non-disclose or seal their records. Ascertaining, then applying the law to the criminal profiles of Texans with convictions or deferred adjudications, as reflected in the Texas Computerized Criminal History System database (CCH) obtained from the Texas Department of Public Safety (described in Appendix B), as well as a sample of 2,362 criminal histories, and then 4 extrapolating to the estimated population of 4.8M individuals in the state with conviction records and estimated population of 7M individuals in the state with any record we estimate the share …

The Financial Impact Of Lost Licenses In Texas, Colleen Chien

Faculty Publications

No abstract provided.

Research On The Total Channel Capacities Pertaining To Two Coverage Layouts For Three-Dimensional, Uav-Assisted Ad Hoc Networks, Xiao Yan, Shenglong Zhu, Qian Wang, Hsiao Chun Wu

Faculty Publications

Unmanned aerial vehicles (UAVs) employed as airborne base stations (BSs) are considered the essential components in future sixth-generation wireless networks due to their mobility and line-of-sight communication links. For a UAV-assisted ad hoc network, its total channel capacity is greatly influenced by the deployment of UAV-BSs and the corresponding coverage layouts, where square and hexagonal cells are partitioned to divide the zones individual UAVs should serve. In this paper, the total channel capacities of these two kinds of coverage layouts are evaluated using our proposed novel computationally efficient channel capacity estimation scheme. The mean distance (MD) between a UAV-BS in …

The Minnesota Second Chance Expungement Gap, Colleen Chien

Faculty Publications

Minnesota Statute Sections 609A, 243.166, and 609.02 define conditions under which individuals with criminal records can expunge their records. Ascertaining, then applying the law to a sample of 581,478 criminal histories of people with convictions records, and then extrapolating to the estimated population of 1.1M individuals in the state with criminal records , 2 we estimate the share and number of people who are eligible for relief but have not received it and therefore fall into the “second chance gap,” the difference between eligibility for and receipt of records relief. Importantly, we assumed that all who met the threshold criteria …

Drone Detection Using Yolov5, Burchan Aydin, Subroto Singha

Faculty Publications

The rapidly increasing number of drones in the national airspace, including those for recreational and commercial applications, has raised concerns regarding misuse. Autonomous drone detection systems offer a probable solution to overcoming the issue of potential drone misuse, such as drug smuggling, violating people’s privacy, etc. Detecting drones can be difficult, due to similar objects in the sky, such as airplanes and birds. In addition, automated drone detection systems need to be trained with ample amounts of data to provide high accuracy. Real-time detection is also necessary, but this requires highly configured devices such as a graphical processing unit (GPU). …

Plea Bargaining's Uncertainty Problem, Jeffrey Bellin

Faculty Publications

While commentators roundly condemn plea bargaining, the criticism can be as muddled as the practice itself. Critics’ primary target is the “trial penalty.” But a differential between guilty-plea and trial sentences seems inevitable in any system that allows defendants to concede guilt. And, as a new wave of “progressive prosecutors” is demonstrating, gaps between (unusually lenient) plea offers and long (potential) post-trial sentences are not only a strong incentive to plead guilty but also a powerful tool for reducing American penal severity. Other critiques point to flaws that parallel those found in the broader system, overlooking that plea bargaining is …

The Impact Of Marginalization On Relations With Law Enforcement And The Criminal Justice System, Angelo Kevin Brown

Faculty Publications

This chapter provides an overview of how critical race theory (CRT) has provided an important context for the racial disparities in the criminal justice system. CRT has promoted teaching the history of the criminal justice system in the United States of America (USA) and abroad from a racial perceptive. CRT scholars emphasize race because of how race and racism have shaped and impacted our society and institutions. CRT has been used to understand issues from police violence, sentencing disparities, school-to-prison pipeline, prison abolitionism, and much more. The CRT framework is especially important when it comes to understanding the disparities and …

Burning Questions: Changing Legal Narratives On Cannabis In Indian Country, Robin M. Rotman, Sam J. Carter

Faculty Publications

In the not-so-distant past, thoughts of Cannabis legalization in the United States were radical. In the present day, the narratives around Cannabis are changing. The term “present day” affixes this Article to early 2023, a snapshot in time. To understand the current legal narratives surrounding Cannabis, and what they might become in the future, it is important to examine the history of Cannabis law and policy in United States. This Article begins by discussing Cannabis regulation in the United States, from the rise of federal regulation to the gradual deregulation by states with tacit federal consent. The Article then examines …

The California Way: An Analysis Of California’S Immigrant-Friendly Changes To Its Criminal Laws, Evangeline G. Abriel

Faculty Publications

Immigration falls exclusively within the federal government’s purview, and states are generally prohibited from legislating in the area of immigration. At the same time, however, a large number of individuals are subject to deportation, denial of admission, and denial of immigration benefits based upon convictions of state crimes, over which states generally have exclusive authority. At a time when both the federal government and some states seem determined to expand the immigration consequences of even relatively minor criminal con- duct, is there anything states can do to protect their noncitizen re- sidents? Surprisingly, yes, quite a bit. California, for example, …

A New Test For The New Crime Exception, Colin Miller

Faculty Publications

The new crime exception to the Fourth Amendment exclusionary rule allows prosecutors to introduce evidence connected to new crimes committed by defendants who were illegally detained and/or questioned. Unfortunately, as illustrated in this Article, courts largely have applied this new crime exception without any analytical framework or regard for the severity of the initial police misconduct or the defendant’s response. Moreover, courts have begun applying the new crime exception to crimes such as giving a fake name in response to an un-Mirandized interrogation following a lawful arrest.

By doing so, courts have allowed the new crime exception to swallow two …

Red-Flag Laws, Civilian Firearms Ownership And Measures Of Freedom, Royce De R. Barondes

Faculty Publications

This essay provides context for an assessment of a part of the recently-enacted Bipartisan Safer Communities Act--federal legislation funding state red-flag procedures, which allow for seizures of firearms from persons who have not committed crimes.

First, it assesses Maryland’s experience during the first year of implementing these procedures. The essay details computations, extrapolating from Maryland’s first-year experience, showing that adoption of these statutes causes blameless persons to be subject to being killed by the government at a rate comparable to or in excess of the murder rate.

Second, the essay identifies an overlooked impact of this federal legislation. The legislation’s …

Key Parameters Linking Cyber-Physical Trust Anchors With Embedded Internet Of Things Systems, Michele Maasberg, Leslie G. Butler, Ian Taylor

Faculty Publications

Integration of the Internet of Things (IoT) in the automotive industry has brought benefits as well as security challenges. Significant benefits include enhanced passenger safety and more comprehensive vehicle performance diagnostics. However, current onboard and remote vehicle diagnostics do not include the ability to detect counterfeit parts. A method is needed to verify authentic parts along the automotive supply chain from manufacture through installation and to coordinate part authentication with a secure database. In this study, we develop an architecture for anti-counterfeiting in automotive supply chains. The core of the architecture consists of a cyber-physical trust anchor and authentication mechanisms …

Donating To The District Attorney, Carissa Byrne Hessick, Michael Morse, Nathan Pinnell

Faculty Publications

The United States is the only country that elects its local prosecutors. In theory, these local elections could facilitate local control of criminal justice policy. But the academic literature assumes that, in practice, prosecutor elections fail to live up to that promise. This Article complicates that conventional wisdom with a new, national study of campaign contributions in prosecutor elections. The study offers a more complete empirical account of prosecutor accountability by analyzing contributions to local candidates as well as their election results. It details the amount of money in local prosecutor elections, including from interest groups, and the relationship between …

Improving Social Media Use For Disaster Resilience: Challenges And Strategies, Nina S.N. Lam, Michelle Meyer, Margaret Reams, Seungwon Yang, Kisung Lee, Lei Zou, Volodymyr Mihunov, Kejin Wang, Ryan Kirby, Heng Cai

Faculty Publications

This paper develops a social media-disaster resilience analysis framework by categorizing types of social media use and their challenges to better understand and assess its role in disaster resilience research and management. The framework is derived primarily from several case studies of Twitter use in three hurricane events in the United States–Hurricanes Isaac, Sandy, and Harvey. The paper first outlines four major contributions of social media data for disaster resilience research and management, which include serving as an effective communication platform, providing ground truth information for emergency response and rescue operations, providing information on people’s sentiments, and allowing predictive modeling. …

The Traditional Restorative Justice Practices That Have Influenced Southern Africa, Angelo Kevin Brown

Faculty Publications

The indigenous peoples of Southern Africa have a tradition of using restorative justice practices. The region has used restorative justice practices primarily until European colonization had enforced a Western criminal justice and legal system. During and after colonization, Southern Africa has continued to use traditional methods for public safety and resolving conflicts in communities. This led to governments having a dual system in which nonserious violations are usually handled in the traditional courts, and the more serious crimes are handled in the formal criminal courts.

Thompson V. Clark And The “Reasonable” Policing Of Marginalized Families, Anna Arons

Faculty Publications

This Article uses the experience of Larry Thompson, the plaintiff in Thompson v. Clark, 142 S. Ct. 1332 (2022), to examine the absence of privacy for poor families, particularly poor Black, Latinx, and Native families, in the United States. Mr. Thompson may end up remembered in legal history as a victor, as the Supreme Court lowered the barriers to bringing malicious prosecution claims and reinstated Mr. Thompson’s own previously dismissed malicious prosecution claim. Yet before securing this victory, Mr. Thompson lost a slew of other Fourth Amendment claims against the police. Mr. Thompson’s claims arose from state agents’ warrantless …

Plea Bargains: Efficient Or Unjust?, Jeffrey Bellin, Erin Blondel, John Flynn, Elana Fogel, Anjelica Hendricks, Carissa Byrne Hessick

Faculty Publications

The vast majority of state and federal cases end in plea bargains. The practice has eased backlogs and may benefit some defendants — but the trade-offs, some say, are too steep. Is there a better way?

Working Through The Supreme Court's 2021 Term, Nicole Buonocore Porter

Faculty Publications

Despite the controversy surrounding the Supreme Court's 2021 term, the labor and employment cases, in comparison, might seem relatively uneventful. Although there are several cases summarized below, most of them deal with relatively minor issues surrounding arbitration, or with lesser litigated statutes, such as USERRA and ERISA. This review also includes a summary of the administrative law case regarding the Environmental Protection Act because it could (and perhaps likely will) have ramifications for labor and employment law.

[...]

This review proceeds in two additional parts. Part II of this review summarizes the opinions from the 2021 term. At the end …

The Prosecutor Lobby, Carissa Byrne Hessick, Ronald F. Wright, Jessica Pishko

Faculty Publications

Prosecutors shape the use of the criminal law at many points during criminal proceedings but there is an earlier point in the process where prosecutors have influence: during the legislative process. The conventional wisdom in legal scholarship is that prosecutors are powerful and successful lobbyists who routinely support laws that make the criminal law more punitive and oppose criminal justice reform. In this Article, we test that narrative with an empirical assessment of prosecutor lobbying in America. Using an original dataset of four years of legislative activity from all fifty states, we analyze how frequently prosecutors lobbied, the issues on …

Policing Veterans: What The Veterans Affairs Police Can Illustrate About The Policing Of Disability In America, Zachary R.M. Outzen

Faculty Publications

The Department of Veterans Affairs Police (“VA Police”), a federal law enforcement agency tasked with law enforcement on Department of Veterans Affairs (VA) properties, has a shocking record of misconduct and brutality against veterans. Because the VA is the largest integrated healthcare system in the United States, the VA Police are primarily responsible for policing VA medical facilities. While issues facing the veteran community have largely been analyzed as separate from those facing the American public at large, VA medical facilities replicate broader socioeconomic trends in policing of vulnerable populations. Veterans receiving VA healthcare services are disproportionately likely to be …

Pitfalls Of Progressive Prosecution, Carissa Byrne Hessick

Faculty Publications

This Essay examines the political vulnerabilities facing the progressive prosecution movement, arguing that two core features of its public brand—emphasizing a fundamental break from traditional prosecution and pledging to “do less” by shrinking the criminal justice footprint—have inadvertently exposed reform‑oriented prosecutors to intensified backlash. Drawing on recent examples, the Essay shows how framing progressive prosecution as radically different obscures the long-standing prosecutorial tools these offices still rely on, enabling critics to portray routine exercises of discretion as unprecedented or dangerous. It further explains how decarceral commitments make progressive prosecutors easy targets when crime or disorder rises, both because voters may …

The (Local) Prosecutor, Carissa Byrne Hessick, Rick Su

Faculty Publications

The rise of the reform prosecutor has led to a backlash. Many states have sought to circumvent the power of reform prosecutors, others to sanction them, and some to replace them with unelected appointees. These efforts have been met with resistance and, in some instances, with legal challenges. Resolving those challenges may prove difficult because local prosecutors straddle three distinct axes within state governments: the horizontal divide between its branches, the vertical divide between the state government and its local subdivisions, and the constitutional divide between constitutional and statutory offices. This Essay exposes the significant state variation in the legal …

Automated Agencies, Joshua D. Blank, Leigh Osofsky

Faculty Publications

This article presents the first comprehensive study of how federal agencies use automated legal guidance tools—such as chatbots, virtual assistants, and decision-tree systems—to explain complex law to the public. The authors show that while automation offers administrative efficiency and wider reach, it often simplifies or distorts underlying legal rules. Through detailed analysis of agency tools and ten semi-structured interviews with officials, the article demonstrates that automated systems can portray unsettled or complex law as clear, omit exceptions, and answer too narrowly, thereby influencing user behavior in ways agencies neither fully appreciate nor monitor.

The study further finds that agencies lack …

A License To Play: Regulating Location-Based Augmented Reality Gameplay On Public Property, Kate Johnson, Evan Ringel, Amanda Reid

Faculty Publications

This novel research sits at the intersection of augmented reality gameplay and government licenses for use of public property. Governments have long used licensing schema to assure public safety and order. Augmented reality gameplay on public lands presents a new, contested use of public property. Under our proposed licensing scheme, those wishing to engage in location-based augmented reality (LoBAR) gameplay on public lands would need a license. This proposal is akin to how governments—federal, state, and municipal—have authorized permit schema for use of public property, including rock climbing, geocaching, street performing, and film photography. Our Article offers sample legislation for …

Understanding Alcohol Use Discourse And Stigma Patterns In Perinatal Care On Twitter, Fritz Culp, Yuqi Wu, Dezhi Wu, Yang Ren, Phyllis Raynor, Peiyin Hung, Shan Qiao Ph.D., Xiaoming Li Ph.D., Kacey Eichelberger

Faculty Publications

(1) Background: perinatal alcohol use generates a variety of health risks. Social media platforms discuss fetal alcohol spectrum disorder (FASD) and other widespread outcomes, providing personalized user-generated content about the perceptions and behaviors related to alcohol use during pregnancy. Data collected from Twitter underscores various narrative structures and sentiments in tweets that reflect large-scale discourses and foster societal stigmas; (2) Methods: We extracted alcohol-related tweets from May 2019 to October 2021 using an official Twitter search API based on a set of keywords provided by our clinical team. Our exploratory study utilized thematic content analysis and inductive qualitative coding methods …

Solving The Procedural Puzzles Of The Texas Heartbeat Act And Its Imitators: New York Times V. Sullivan As Historical Analogue, Charles W. "Rocky" Rhodes, Howard M. Wasserman

Faculty Publications

The Texas Heartbeat Act (S.B. 8) prohibits abortions following detection of a fetal heartbeat while delegating exclusive enforcement through private civil actions brought by “any person,” regardless of injury, for statutory damages of a minimum of $10,000 per prohibited abortion. Texas sought to impose costly litigation and potentially crippling liability on reproductive health providers and rights advocates, with the hope of stopping abortion in the state. Prior to Dobbs v. Jackson Women’s Health Organization overruling Roe v. Wade and eliminating constitutional protection for abortion, the law represented a unique threat to reproductive freedom. But states are spreading S.B. 8’s exclusive …

A Framework For Vibration Attenuation In Traffic Mast Arm Structures Under Wind Loads, A. M. Aly, H. Gol-Zaroudi, M. Rezaee

Faculty Publications

Traffic signals and information signs play a vivid role in maintaining safe travel by guiding drivers on highways and urban roads. Traffic mast arm structures are susceptible to vibrations induced by wind loads. Fatigue-induced failure is common in these structures. However, it is crucial to ascertain the functionality of signal support structures. This paper lays the foundation for a fully computational framework to model and mitigate wind-induced vibrations in traffic lighting support structures by conducting computational fluid dynamics (CFD) simulations, dynamic modeling, and damping enhancement. We validated the CFD simulations by aerodynamic testing. The dependence of flow pattern and aerodynamic …