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Poor, Black And "Wanted": Criminal Justice In Ferguson And Baltimore, Michael Pinard Jan 2015

Poor, Black And "Wanted": Criminal Justice In Ferguson And Baltimore, Michael Pinard

Faculty Scholarship

No abstract provided.


"And If Your Friends Jumped Off A Bridge, Would You Do It Too?": How Developmental Neuroscience Can Inform Legal Regimes Governing Adolescents, Michael N. Tennison, Amanda C. Pustilnik Jan 2015

"And If Your Friends Jumped Off A Bridge, Would You Do It Too?": How Developmental Neuroscience Can Inform Legal Regimes Governing Adolescents, Michael N. Tennison, Amanda C. Pustilnik

Faculty Scholarship

Legal models of adolescent autonomy and responsibility in various domains of law span a spectrum from categorical prohibitions of certain behaviors to recognitions of total adolescent autonomy. The piecemeal approach to the limited decision-making capacity of adolescents lacks an empirical foundation in the differences between adolescent and adult decision-making, leading to counterintuitive and inconsistent legal outcomes. The law limits adolescent autonomy with respect to some decisions that adolescents are perfectly competent to make, and in other areas, the law attributes adult responsibility and imposes adult punishments on adolescents for making decisions that implicate their unique volitional vulnerabilities. As developmental neuroscientists …


Protecting River Flows For Fun And Profit: Colorado's Unique Water Rights For Whitewater Parks, Reed D. Benson Jan 2015

Protecting River Flows For Fun And Profit: Colorado's Unique Water Rights For Whitewater Parks, Reed D. Benson

Faculty Scholarship

Since 2001, Colorado has recognized a special type of water right for whitewater parks, which are constructed within a river channel to provide play features for kayakers and other boaters. These water rights, called "recreational in-channel diversions, " are unique to Colorado, even though whitewater parks exist in several western states. This Article addresses some of the underlying reasons that recreational in-channel diversions were established in Colorado, and traces the controversy surrounding their recognition by that state's courts and legislature. Over the last decade, however, the controversy has largely died away, and whitewater park rights have now become an accepted …


Reforming The Law Of Reputation, Frank A. Pasquale Jan 2015

Reforming The Law Of Reputation, Frank A. Pasquale

Faculty Scholarship

Unfair and deceptive practices of controllers and processors of data have adversely affected many citizens. New threats to individuals’ reputations have seriously undermined the efficacy of extant regulation concerning health privacy, credit reporting, and expungement. The common thread is automated, algorithmic arrangements of information, which could render data properly removed or obscured in one records system, nevertheless highly visible or dominant in other, more important ones.

As policymakers reform the law of reputation, they should closely consult European approaches to what is now called the “right to be forgotten.” Health privacy law, credit reporting, and criminal conviction expungement need to …


The Lost “Art” Of The Patent System, Sean O'Connor Jan 2015

The Lost “Art” Of The Patent System, Sean O'Connor

Faculty Scholarship

No abstract provided.


Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra Jan 2015

Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra

Faculty Scholarship

No abstract provided.


Democratizing Higher Education: Defending And Extending Income-Based Repayment Programs, Frank Pasquale Jan 2015

Democratizing Higher Education: Defending And Extending Income-Based Repayment Programs, Frank Pasquale

Faculty Scholarship

No abstract provided.


The Logic And Limits Of Liens, Edward J. Janger Jan 2015

The Logic And Limits Of Liens, Edward J. Janger

Faculty Scholarship

No abstract provided.


Moneyball Sentencing, Dawinder S. Sidhu Jan 2015

Moneyball Sentencing, Dawinder S. Sidhu

Faculty Scholarship

Sentencing is a backward- and forward-looking enterprise. That is, sen-tencing is informed by an individual’s past conduct as well as by the criminal jus-tice system’s prediction of the individual’s future criminal conduct. Increasingly, the criminal justice system is making these predictions on an actuarial basis, computing the individual’s risk of recidivism according to the rates of recidivism for people possessing the same group characteristics (e.g., race, sex, socio-economic status, education). The sentencing community is drawn to this statisti-cal technique because it purportedly distinguishes with greater accuracy the high-risk from the low-risk, and thereby allows for a more efficient allocation of …


Brief For The Albuquerque Peace And Justice Center, Hispano Round Table De Nuevo Mexico, Los Jardines Institute, Martin Luther King Memorial Center, New Mexico Forum As Amicus Curiae For Youth In Community, New Mexico League Of Latin American Citizens, New Mexico Old Lesbians Organized For Change, And Southwest Organizing Project In United States Of American V. The City Of Albuquerque, Alfred Dennis Mathewson Jan 2015

Brief For The Albuquerque Peace And Justice Center, Hispano Round Table De Nuevo Mexico, Los Jardines Institute, Martin Luther King Memorial Center, New Mexico Forum As Amicus Curiae For Youth In Community, New Mexico League Of Latin American Citizens, New Mexico Old Lesbians Organized For Change, And Southwest Organizing Project In United States Of American V. The City Of Albuquerque, Alfred Dennis Mathewson

Faculty Scholarship

The United States Department of Justice released a Findings Letter in connection with its investigation of the use of force by the Albuquerque Police Department from 2009 to early 2013. It found that APD had engaged in a pattern or practice of using excessive force, both lethal and non-lethal. The parties reached an agreement on October 31, 2014 and the Complaint and Settlement Agreement were filed in the United States District Court for the District of New Mexico for approval. This amicus brief was filed on behalf of The Albuquerque Peace and Justice Center, Hispano Round Table De Nuevo Mexico, …


Beyond The Affordable Care Act's Premium Tax Credit: Ensuring Access To Safety Net Programs, Mary Leto Pareja Jan 2015

Beyond The Affordable Care Act's Premium Tax Credit: Ensuring Access To Safety Net Programs, Mary Leto Pareja

Faculty Scholarship

The United States took a gigantic step toward universal health care with the passage of the Affordable Care Act (ACA'). Under the ACA, nearly everyone is required to have coverage, and correspondingly, no one can be turned away. To ease the financial burden of the individual mandate, the ACA subsidizes coverage for lower-income people. The primary subsidy is a refundable tax credit called the Premium Tax Credit, first available in 2014. To claim the credit, a person must file a tax return--but not just any return. The ACA requires married individuals to file jointly. For many, this is problematic if …


Giving Credit Where Credit Is Due: What We Can Learn From The Banking And Credit Habits Of Undocumented Immigrants, Nathalie Martin Jan 2015

Giving Credit Where Credit Is Due: What We Can Learn From The Banking And Credit Habits Of Undocumented Immigrants, Nathalie Martin

Faculty Scholarship

Undocumented immigrants currently make up more than 5% of the U.S. labor force and 7% of school-age children. Numbering over eleven million, undocumented immigrants unquestionably comprise a significant segment of the population, yet most lack financial security and stability on multiple fronts. In addition to the everyday risk of deportation, many risk being taken advantage of on the basis of their immigration status, in both employment and debtor–creditor relationships. While some of these financial conditions are well chronicled, this Article describes the first empirical study of the debtor–creditor relationships of undocumented immigrants. Through live interviews of undocumented immigrants in New …


Restating Environmental Law, Joel A. Mintz Jan 2015

Restating Environmental Law, Joel A. Mintz

Faculty Scholarship

Although environmental law springs from deep roots in centuries of common law, during the last forty years in particular it has grown into a well-established and important legal field in the United States with enormous practical consequences. Maturity, however, has also made it notoriously complex, and environmental law’s overlapping statutory schemes and inconsistent federal and state programs have sparked recurring conflict, controversy, and criticism.


The Logic And Limits Of Liens, Edward Janger Jan 2015

The Logic And Limits Of Liens, Edward Janger

Faculty Scholarship

No abstract provided.


Could Data Broker Information Threaten Physician Prescribing And Professional Behavior?, Marco D. Huesch, Michael K. Ong, Barak D. Richman Jan 2015

Could Data Broker Information Threaten Physician Prescribing And Professional Behavior?, Marco D. Huesch, Michael K. Ong, Barak D. Richman

Faculty Scholarship

Privacy is threatened by the extent of data collected and sold by consumer data brokers. Physicians, as individual consumers, leave a ‘data trail’ in the offline (e.g. through traditional shopping) and online worlds (e.g. through online purchases and use of social media). Such data could easily and legally be used without a physician’s knowledge or consent to influence prescribing practices or other physician professional behavior. We sought to determine the extent to which such consumer data was available on a sample of more than 3,000 physicians, healthcare faculty and healthcare system staff at one university’s health units. Using just work …


The Corporate Criminal As Scapegoat, Brandon L. Garrett Jan 2015

The Corporate Criminal As Scapegoat, Brandon L. Garrett

Faculty Scholarship

A corporation is no scapegoat, assures the Department of Justice, because the first priority is to prosecute culpable individuals and not artificial entities. Yet, as I document in this empirical study, far more often than not, when the largest corporations settle federal criminal cases, no individuals are charged. High profile failures to prosecute executives in the wake of the Global Financial Crisis have only made the problem more urgent. The corporation appears to be a kind of a scapegoat: impossible to physically jail, but capable of receiving blame and punishment while individual culprits go free. In this Article, I develop …


Would You Choose To Be Happy? Tradeoffs Between Happiness And The Other Dimensions Of Life In A Large Population Survey, Matthew D. Adler, Paula Dolan, Georgios Kavetsos Jan 2015

Would You Choose To Be Happy? Tradeoffs Between Happiness And The Other Dimensions Of Life In A Large Population Survey, Matthew D. Adler, Paula Dolan, Georgios Kavetsos

Faculty Scholarship

A large literature documents the correlates and causes of subjective well-being, or happiness. But few studies have investigated whether people choose happiness. Is happiness all that people want from life, or are they willing to sacrifice it for other attributes, such as income and health? Tackling this question has largely been the preserve of philosophers. In this article, we find out just how much happiness matters to ordinary citizens. Our sample consists of nearly 13,000 members of the UK and US general populations. We ask them to choose between, and make judgments over, lives that are high (or low) in …


Democratic Rulemaking, John M. De Figueiredo, Edward H. Stiglitz Jan 2015

Democratic Rulemaking, John M. De Figueiredo, Edward H. Stiglitz

Faculty Scholarship

This paper examines to what extent agency rulemaking is democratic. It reviews theories of administrative rulemaking in light of two normative benchmarks: a “democratic” benchmark based on voter preferences, and a “republican” benchmark based on the preferences of elected representatives. It then evaluates how the empirical evidence lines up in light of these two approaches. The paper concludes with a discussion of avenues for future research.


Relationships Of Trust And Confidence In The Workplace, Deborah A. Demott Jan 2015

Relationships Of Trust And Confidence In The Workplace, Deborah A. Demott

Faculty Scholarship

No abstract provided.


One Size Does Not Fit All: What Does High Impact Prevention Funding Mean For Community-Based Organizations In The Deep South?, Carolyn Mcallaster, Jerry Fang Jan 2015

One Size Does Not Fit All: What Does High Impact Prevention Funding Mean For Community-Based Organizations In The Deep South?, Carolyn Mcallaster, Jerry Fang

Faculty Scholarship

No abstract provided.


Preparing The Periphery For A Subsequent Behavior: Motor Neuronal Activity During Biting Generates Little Force But Prepares A Retractor Muscle To Generate Larger Forces During Swallowing In Aplysia, Hui Lu, Jeffrey M. Mcmanus, Miranda J. Cullins, Hillel J. Chiel Jan 2015

Preparing The Periphery For A Subsequent Behavior: Motor Neuronal Activity During Biting Generates Little Force But Prepares A Retractor Muscle To Generate Larger Forces During Swallowing In Aplysia, Hui Lu, Jeffrey M. Mcmanus, Miranda J. Cullins, Hillel J. Chiel

Faculty Scholarship

Some behaviors occur in obligatory sequence, such as reaching before grasping an object. Can the earlier behavior serve to prepare the musculature for the later behavior? If it does, what is the underlying neural mechanism of the preparation? To address this question, we examined two feeding behaviors in the marine mollusk Aplysia californica, one of which must precede the second: biting and swallowing. Biting is an attempt to grasp food. When that attempt is successful, the animal immediately switches to swallowing to ingest food. The main muscle responsible for pulling food into the buccal cavity during swallowing is the I3 …


Proteomics Of Skin Proteins In Psoriasis: From Discovery And Verification In A Mouse Model To Confirmation In Humans, Kathleen C. Lundberg, Yi Fritz, Daniela Schlatzer, Giridharan Gokulrangan, Thomas S. Mccormick, Mark R. Chance, Nicole L. Ward Jan 2015

Proteomics Of Skin Proteins In Psoriasis: From Discovery And Verification In A Mouse Model To Confirmation In Humans, Kathleen C. Lundberg, Yi Fritz, Daniela Schlatzer, Giridharan Gokulrangan, Thomas S. Mccormick, Mark R. Chance, Nicole L. Ward

Faculty Scholarship

Herein, we demonstrate the efficacy of an unbiased proteomics screening approach for studying protein expression changes in the KC-Tie2 psoriasis mouse model, identifying multiple protein expression changes in the mouse and validating these changes in human psoriasis. KC-Tie2 mouse skin samples (n = 3) were compared with litter-mate controls (n = 3) using gel-based fractionation followed by label-free protein expression analysis. 5482 peptides mapping to 1281 proteins were identified and quantitated: 105 proteins exhibited fold-changes ≥2.0 including: stefin A1 (average fold change of 342.4 and an average p = 0.0082; cystatin A, human ortholog); slc25a5 (average fold change of 46.2 …


Instead Of Suspension: Alternative Strategies For Effective School Discipline, Jenni Owen, Jane Wettach, Katie Claire Hoffman Jan 2015

Instead Of Suspension: Alternative Strategies For Effective School Discipline, Jenni Owen, Jane Wettach, Katie Claire Hoffman

Faculty Scholarship

No abstract provided.


Decriminalizing Delinquency: The Effect Of Raising The Age Of Majority On Juvenile Recidivism, Charles E. Loeffler, Ben Grunwald Jan 2015

Decriminalizing Delinquency: The Effect Of Raising The Age Of Majority On Juvenile Recidivism, Charles E. Loeffler, Ben Grunwald

Faculty Scholarship

In the last decade, a number of states have expanded the jurisdiction of their juvenile courts by increasing the maximum age to 18. Proponents argue that these expansions reduce crime by increasing access to the beneficial features of the juvenile justice system. Critics counter that the expansions risk increasing crime by reducing deterrence. In 2010, Illinois raised the maximum age for juvenile court for offenders who commit a misdemeanor. By examining the effect of this law on juvenile offenders in Chicago, this paper provides the first empirical estimates of the consequences of recent legislative activity to raise the age of …


Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin Jan 2015

Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin

Faculty Scholarship

No abstract provided.


Immigration Policy And The Rhetoric Of Reform: “Deport Felons, Not Families,” Moncrieffe V. Holder, Children At The Border, And Idle Promises, Terri R. Day, Leticia M. Diaz Jan 2015

Immigration Policy And The Rhetoric Of Reform: “Deport Felons, Not Families,” Moncrieffe V. Holder, Children At The Border, And Idle Promises, Terri R. Day, Leticia M. Diaz

Faculty Scholarship

No abstract provided.


Under Containment: Preempting State Ebola Quarantine Regulations, Eang L. Ngov Jan 2015

Under Containment: Preempting State Ebola Quarantine Regulations, Eang L. Ngov

Faculty Scholarship

No abstract provided.


A Primer: Air And Water Environmental Quality Standards In The United State, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad Jan 2015

A Primer: Air And Water Environmental Quality Standards In The United State, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.


Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra Jan 2015

Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra

Faculty Scholarship

No abstract provided.


An Eighth Amendment Analysis Of Statutes Allowing Or Mandating Transfer Of Juvenile Offenders To Adult Criminal Court In Light Of The Supreme Court's Recent Jurisprudence Recognizing Developmental Neuroscience, Katherine I. Puzone Jan 2015

An Eighth Amendment Analysis Of Statutes Allowing Or Mandating Transfer Of Juvenile Offenders To Adult Criminal Court In Light Of The Supreme Court's Recent Jurisprudence Recognizing Developmental Neuroscience, Katherine I. Puzone

Faculty Scholarship

No abstract provided.