Digital Commons Network^™

Biometrics And An Ai Bill Of Rights, Margaret Hu

Faculty Publications

This Article contends that an informed discussion on an AI Bill of Rights requires grappling with biometric data collection and its integration into emerging AI systems. Biometric AI systems serve a wide range of governmental purposes, including policing, border security and immigration enforcement, and biometric cyberintelligence and biometric-enabled warfare. These systems are increasingly categorized as "high-risk" when deployed in ways that may impact fundamental constitutional rights and human rights. There is growing recognition that high-risk biometric AI systems, such as facial recognition identification, can pose unprecedented challenges to criminal procedure rights. This Article concludes that a failure to recognize these …

Natural History And Community Science Records Confirm Rapid Geographic Shifts In The Distribution Of Bachman’S Sparrow (Peucaea Aestivalis) Since 1850, Amie E. Settlecowski, Kathryn E.C. Davis, James A. Cox, Stefan Woltmann, Sabrina S. Taylor

Faculty Publications

North American grassland birds colonized emerging habitat created by expanding agriculture in a pattern of eastward expansions from the mid-1800s to mid-1900s. These birds have been declining, since at least the mid-1900s, largely as result of anthropogenic landscape change. Only one bird that now breeds predominantly in southeastern pine savannas is thought to have experienced a concurrent range expansion into this region: Peucaea aestivalis (Bachman’s Sparrow). However, our understanding of the P. aestivalis expansion, and subsequent retraction to the southeastern United States, is largely based on a contemporaneous review of only a subset of historical records from beyond its modern, …

References To Babe Ruth In Advocacy And Judicial Opinions, Douglas E. Abrams

Faculty Publications

The common theme of these “Writing It Right” articles is that the courts’ use of well-known cultural references in their opinions invites advocates to enhance their briefs and other submissions with references to similar well-known cultural markers. Advocates’ appropriate references to Babe Ruth, a true cultural icon, fit the bill.

Flood Detection In Urban Areas Using Satellite Imagery And Machine Learning, Ahad Hasan Tanim, Callum Blake Mcrae, Hassan Tavakol-Davani, Erfan Goharian

Faculty Publications

Urban flooding poses risks to the safety of drivers and pedestrians, and damages infrastructures and lifelines. It is important to accommodate cities and local agencies with enhanced rapid flood detection skills and tools to better understand how much flooding a region may experience at a certain period of time. This results in flood management orders being announced in a timely manner, allowing residents and drivers to preemptively avoid flooded areas. This research combines information received from ground observed data derived from road closure reports from the police department, with remotely sensed satellite imagery to develop and train machine-learning models for …

Non-State Actors "Under Color Of Law": Closing A Gap In Protection Under The Convention Against Torture, Anna R. Welch, Sangyeob Kim

Faculty Publications

The world is experiencing a global restructuring that poses a serious threat to international efforts to prevent and protect against torture. The rise of powerful transnational non-state actors such as gangs, drug cartels, militias, and terrorist organizations is challenging states’ authority to control and govern torture committed within their territory.

In the United States, those seeking protection against deportation under the Convention Against Torture (“CAT”) must establish a likelihood of torture at the instigation of or by consent or acquiescence of a public official acting in an official capacity or other person acting in an official capacity. However, what is …

Against Criminal Law Localism, Brenner M. Fissell

Faculty Publications

Scholars have long called for greater localism in criminal justice as a response to the crises of racialized mass incarceration and over-policing. A downward shift of power to smaller local governments is thought to maximize an array of values, including liberty, equality, and efficient experimentation, and also to allow for criminal justice to better reflect societal viewpoints. In making these claims, localists have at times either explicitly included control over substantive criminal law in their devolutionary project, or have overlooked that more general calls for localism would presumably include this power.

This Article critiques substantive criminal law localism, arguing that …

Estimating The Earnings Loss Associated With A Criminal Record And Suspended Driver’S License, Colleen Chien, Alexandra George, Srihari Shekhar, Robert Apel

Faculty Publications

No abstract provided.

Revisiting Proactive And Reactive Pathways To Resilience Among Cism-Trained Responders And General Population Participants: Mechanisms That Contribute To Building Overall Psychological Body Armortm, Harvey J. Burnett Jr., Justine Jaeger, Kristen R. Witzel, Karl G. D. Bailey

Faculty Publications

Two previous studies by Burnett and colleagues found preliminary support for several innate well-being and behavioral variables that contribute to one’s Psychological Body Armor’sTM (PBA), which is comprised of two unique interacting pathways (proactive and reactive resilience) among trained disaster mental health responders and the general population. This study sought to improve, expand, and replicate the findings of these two studies. Data was collected from 509 Amazon Mechanical Turk workers and 343 trained novice and experienced disaster mental health crisis intervention responders, who were general members of the International Critical Incident Stress Foundation or the Michigan Crisis Response Association, eight …

Cognitive Decline And The Workplace, Sharona Hoffman

Faculty Publications

Cognitive decline will increasingly become a workplace concern because of three intersecting trends. First, the American population is aging. In 2019, 16.5 percent of the population, or fifty-four million people, were age 65 and over, and the number is expected to increase to seventy-eight million by 2025. Dementia is not uncommon among older adults, and by the age of eighty-five, between twenty-five and fifty percent of individuals suffer from this condition. Second, individuals are postponing retirement and prolonging their working lives. For example, about a quarter of physicians are over sixty-five, as are fifteen percent of attorneys. The average age …

Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman

Faculty Publications

Regulatory actions affecting professional speech are facing new challenges from all sides. On one side, the Supreme Court has grown increasingly protective of professionals’ free speech rights, and it has subjected regulations affecting that speech to heightened levels of scrutiny that call into question traditional regulatory practices in both law and medicine. On the other side, technological developments, including the growth of massive digital platforms and the introduction of artificial intelligence programs, have created brand new problems of regulatory scale. Professional speech is now able to reach a wide audience faster than ever before, creating risks that misinformation will cause …

Displacement And Preemption Of Climate Nuisance Claims, Jonathan H. Adler

Faculty Publications

New York City and other municipalities have filed state-law-based nuisance suits against fossil fuel companies seeking compensatory damages for the consequences of climate change. Previous nuisance claims, filed under federal common law, were held to be displaced by federal environmental statutes. Defendants have argued that state-law-based claims should likewise be preempted. Yet while the enactment of federal regulatory statutes displaces federal common law actions for interstate pollution, such enactments do not necessarily preempt state common law actions, even where pollution crosses state boundaries, as it is more difficult to preempt state common law than it is to displace federal common …

The Fourth Amendment And The Problem Of Social Cost, Thomas P. Crocker

Faculty Publications

No abstract provided.

Clouded Precedent: Tandon V. Newsom And Its Implications For The Shadow Docket, Alexander Gouzoules

Faculty Publications

The Supreme Court’s “shadow docket”—the decisions issued outside its procedures for deciding cases on the merits—has drawn increasing attention and criticism from scholars, commentators, and elected representatives. Shadow docket decisions have been criticized on the grounds that they are made without the benefit of full briefing and argument, and because their abbreviated, per curiam opinions can be difficult for lower courts to interpret.

A spate of shadow docket decisions in the context of free-exercise challenges to COVID-19 public health orders culminated in Tandon v. Newsom, a potentially groundbreaking decision that may upend longstanding doctrines governing claims brought under the Free …

State Rejection Of Federal Law, Thomas B. Bennett

Faculty Publications

Sometimes the United States Supreme Court speaks, and states do not follow. For example, in 2003, the Arizona Supreme Court agreed to "reject" a decision of the U.S. Supreme Court, because no "sound reasons justif[ied] following" it. Similarly, in 2006, Michigan voters approved a ballot initiative that, according to the legislature that drafted it, sought "at the very least to freeze' the state's ... law to prevent" state courts from following a ruling of the U.S. Supreme Court. Surprising though this language may be, there is nothing nefarious about these cases. Cooper v. Aaron this is not. Unlike more notorious …

The Estimated Size And Lost Earnings Of New York’S Second Chance Sealing Gap, Colleen Chien, Navid Shaghaghi, Hithesh Bathala, Sarah-Mae Sanchez, Evan Hastings

Faculty Publications

As states pass reforms to reduce the size of their prison populations, the number of Americans physically incarcerated has declined. However, the number of people whose employment and related opportunities are limited due to their criminal records continues to grow. Another sanction that curtails economic opportunity is the loss of one’s driver’s license for reasons unrelated to driving. While many states have “second chance” laws on the books that provide, e.g. expungement or driver’s license restoration, a growing body of research has documented large “second chance gaps” between eligibility and delivery of relief due to the poor administration of second …

Fundamental Criminal Procedure (2022 Edition), Fredric I. Lederer

Faculty Publications

Fundamental Criminal Procedure explores American criminal procedure in a format ultimately destined for electronic publication. Because many students devote a great deal of their class time to taking notes, often at the expense of creative analysis, the text is intended to supply all of the necessary “black letter law” needed for mastery of the subject. The materials are, however, far more than a “study aid.” They emphasize where appropriate the crucial philosophical and policy questions and issues inherent in the subject. Periodic “Review Questions” require understanding application of academic material in a pragmatic context. “Legal Briefs” require the student to …

Displacement And Preemption Of Climate Nuisance Claims, Jonathan H. Adler

Faculty Publications

Part I begins with a brief sketch of the common law environmental protection that preceded and matured alongside the development of environmental regulation, including the rise of federal common law actions for interstate pollution. With an eye toward preemption, and its role within our federalist system, Part II sketches the system of state and local environmental regulation that served as the background for the adoption of federal environmental law. While federal environmental laws are quite comprehensive and far-reaching, they operate alongside state and local efforts, often in collaborative fashion, and rarely preempt state regulation or litigation. [...]

Parts III and …

Judges And Mass Incarceration, Carissa Byrne Hessick

Faculty Publications

This Article argues that judges—long overlooked in contemporary explanations of mass incarceration—have played a central role both through affirmative decisions that increased punishment and through failures to act as a check on prosecutorial power. It traces how judicial choices such as imposing the trial penalty, deferring to sentencing guidelines, allowing coercive plea bargaining, expanding pretrial detention, and adopting narrow or delayed statutory interpretations have structurally reshaped the criminal justice system to favor conviction and incarceration. The Article then proposes practical steps trial judges could implement immediately to reverse these trends, including reducing reliance on pretrial detention, eliminating the trial penalty, …

Defunding Police Agencies, Rick Su, Anthony O'Rourke, Guyora Binder

Faculty Publications

This Article contextualizes the police defunding movement and the backlash it has generated. The defunding movement emerged from the work of Black-led activists to reassert democratic control over policing and shift resources to social service agencies and other institutions serving community needs. In reaction, states have enacted anti-defunding bills checking local government reduction of law enforcement budgets. These anti-defunding measures continue a long tradition of state and federal control over local police spending, subverting local democratic control over police agencies. These limits include direct legal constraints on local police spending and indirect constraints through grants and authorization to collect fines, …

Preemption Of Police Reform: A Roadblock To Racial Justice, Rick Su, Marissa Roy, Nestor Davidson

Faculty Publications

In 2020, nearly half of the largest U.S. cities reoriented municipal spending priorities by directing money from their police budgets to social services; for many cities, these budgetary changes reversed decades of increases. Cities began implementing additional police reforms as well: New York City became the first municipality to end qualified immunity for police officers while San Francisco shifted to deploying crisis response teams, rather than police officers, to respond to mental health calls.

Instead of supporting these critical reforms, some states targeted cities that prioritized racial justice by preempting those cities’ ability to engage in meaningful change. In the …

Automated Legal Guidance At Federal Agencies, Joshua D. Blank, Leigh Z. Osofsky

Faculty Publications

When individuals have questions about Federal benefits, services, and legal rules, they are increasingly seeking help from government chatbots, virtual assistants, and other automated tools. Current forms of automated legal guidance platforms include the U.S. Citizenship and Immigration Services’s “Emma,” the U.S. Department of Education’s “Aidan,” and the Internal Revenue Service’s “Interactive Tax Assistant.” Most scholars who have studied artificial intelligence and Federal government agencies have not focused on the government’s use of technology to offer guidance to the public. The absence of scholarly attention to automation as a means of communicating government guidance is an important gap in the …

White Injury And Innocence: On The Legal Future Of Antiracism Education, Osamudia James

Faculty Publications

In the wake of the “racial reckoning” of 2020, antiracism education attracted intense attention and prompted renewed educator commitments to teach more explicitly about the function, operation, and harm of racism in the United States. The increased visibility of antiracism education engendered sustained critique and opposition, resulting in executive orders prohibiting its adoption in the federal government, the introduction or adoption of over sixty state-level bills attempting to control how race is taught in schools, and a round of lawsuits challenging antiracism education as racially discriminatory. Because antiracism so directly runs afoul of norms underlying American antidiscrimination law, including anticlassification, …

An Optimized Machine Learning And Big Data Approach To Crime Detection, Ashokkumar Palanivinayagam, Siva Shankar Gopal, Sweta Bhattacharya, Noble Anumbe, Ebuka Ibeke, Cresantus Biamba

Faculty Publications

Crime detection is one of the most important research applications in machine learning. Identifying and reducing crime rates is crucial to developing a healthy society. Big Data techniques are applied to collect and analyse data: determine the required features and prime attributes that cause the emergence of crime hotspots. The traditional crime detection and machine learning-based algorithms lack the ability to generate key prime attributes from the crime dataset, hence most often fail to predict crime patterns successfully. This paper is aimed at extracting the prime attributes such as time zones, crime probability, and crime hotspots and performing vulnerability analysis …

Democracy Avoidance In Tax Lawmaking, Clint G. Wallace

Faculty Publications

The Tax Cuts and Jobs Act was the most significant tax law in more than three decades, but the strategy for getting it enacted included a variety of maneuvers to avoid public scrutiny. As a result, many taxpayers did not know how they would be affected until they filed their own tax returns more than a year later. This Article identifies this lack of transparency as part of a persistent pathology of avoiding and constraining democratic inputs and responsiveness in U.S. federal tax lawmaking. Indeed, some scholars and policy makers have sought to channel tax lawmaking away from democratically grounded …

Automated Drone Detection Using Yolov4, Subroto Singha, Burchan Aydin

Faculty Publications

Drones are increasing in popularity and are reaching the public faster than ever before. Consequently, the chances of a drone being misused are multiplying. Automated drone detection is necessary to prevent unauthorized and unwanted drone interventions. In this research, we designed an automated drone detection system using YOLOv4. The model was trained using drone and bird datasets. We then evaluated the trained YOLOv4 model on the testing dataset, using mean average precision (mAP), frames per second (FPS), precision, recall, and F1-score as evaluation parameters. We next collected our own two types of drone videos, performed drone detections, and calculated the …

Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing, Josh Gupta-Kagan

Faculty Publications

For more than 120 years, juvenile justice law has not substantively defined the core questions in most delinquency cases—when should the state prosecute children rather than divert them from the court system (the intake decision), and what should the state do with children once they are convicted (the sentencing decision)? Instead, the law has granted certain legal actors wide discretion over these decisions, namely prosecutors at intake and judges at sentencing. This Article identifies and analyzes an essential reform trend changing that reality: legislation, enacted in at least eight states in the 2010s, to limit when children can be prosecuted …

Spiritual Well-Being - A Proactive Resilience Component: Exploring Its Relationship With Practices, Themes, And Other Psychological Well-Being Factors During The Covid-19 Pandemic In Cism-Trained First Responders, Justine Jaeger, Harvey J. Burnett Jr., Kristen R. Witzel

Faculty Publications

Research suggests spiritual resilience may ameliorate the negative effects of exposure to traumatic events among disaster mental health first responders. Our study examined the relationship between spiritual wellness and associated resilience factors among four groups of first responders (law enforcement, fire services, emergency medical services and 911 dispatchers) trained in Critical Incident Stress Management (CISM) during a global pandemic. Utilizing a mixed methods-survey with transcendental phenomenological design, data was collected from 107 participants with membership in the International Critical Incident Stress Foundation (ICISF) or the Michigan Crisis Response Association (MCRA). Participants completed the Connor-Davidson Resilience Scale, Spiritual Well-Being Scale-Shortened Version, …

Judicial Application Of Strict Liability Local Ordinances, Brenner Fissell, Guyora Binder

Faculty Publications

No abstract provided.

A Vision For Buchanan, Andrew C. Von Maur

Faculty Publications

No abstract provided.

How To Look Like A Lawyer, Ann Juliano

Faculty Publications

Law schools often claim that they are teaching students “how to think like a lawyer.” What is less touted, however, is that students are learning how to look like a lawyer. They receive this message from multiple sources (faculty, alumni, peers, the career office) concerning a variety of situations: class, interviews, moot court, trial team, symposia and conferences. For law students who are first generation, these sources may be the only avenue (apart from the entertainment industry) of determining how to look like a lawyer. For law students who are transgender or gender non-binary, dress code advice dispensed along men/women …