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The Business Improvement District Comes Of Age, Richard Briffault Jan 2010

The Business Improvement District Comes Of Age, Richard Briffault

Faculty Scholarship

It is difficult to say precisely when the business improvement district (BID) was born. BIDs emerged out of legal structures and concepts that date back many decades, but the specific BID form is a relatively recent development. By some accounts, the first BID in the United States was the Downtown Development District of New Orleans, which was established in 1975. Few BIDs were created before 1980, and in most places the surge in BID formation did not really get going until around 1990 – the year that Philadelphia's Center City District was first established. Although new BIDs were created on …


Social Welfare And Fairness In Juvenile Crime Regulation, Elizabeth S. Scott, Laurence Steinberg Jan 2010

Social Welfare And Fairness In Juvenile Crime Regulation, Elizabeth S. Scott, Laurence Steinberg

Faculty Scholarship

The question of how lawmakers should respond to developmental differences between adolescents and adults in formulating juvenile crime policy has been the subject of debate for a generation. A theme of the punitive law reforms that dismantled the traditional juvenile justice system in the 1980s and 1990s was that adolescents were not different from adults in any way that was relevant to criminal punishment – or at least that any differences were trumped by the demands of public safety. But this view has been challenged in recent years; scholars and courts have recognized that adolescents, due to their developmental immaturity, …


What Are We Doing To The Children?: An Essay On Juvenile (In)Justice, Michael E. Tigar Jan 2010

What Are We Doing To The Children?: An Essay On Juvenile (In)Justice, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Law In The Shadow Of Bargaining: The Feedback Effect Of Civil Settlements, Ben Depoorter Jan 2010

Law In The Shadow Of Bargaining: The Feedback Effect Of Civil Settlements, Ben Depoorter

Faculty Scholarship

No abstract provided.


It's Not My Problem? Wrong: Prosecutors Have An Important Ethical Role To Play, Rory K. Little Jan 2010

It's Not My Problem? Wrong: Prosecutors Have An Important Ethical Role To Play, Rory K. Little

Faculty Scholarship

No abstract provided.


Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram Jan 2010

Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram

Faculty Scholarship

No abstract provided.


Defining The Problem, Hadar Aviram Jan 2010

Defining The Problem, Hadar Aviram

Faculty Scholarship

No abstract provided.


Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt Jan 2010

Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt

Faculty Scholarship

No abstract provided.


Changing The Topography Of Sentencing, Kate Bloch Jan 2010

Changing The Topography Of Sentencing, Kate Bloch

Faculty Scholarship

No abstract provided.


Reconceptualizing Restorative Justice, Kate Bloch Jan 2010

Reconceptualizing Restorative Justice, Kate Bloch

Faculty Scholarship

No abstract provided.


State Of Emergency California's Correctional Crisis, Aaron J. Rappaport, Kara Dansky Jan 2010

State Of Emergency California's Correctional Crisis, Aaron J. Rappaport, Kara Dansky

Faculty Scholarship

No abstract provided.


Correct Diagnosis; Wrong Cure: A Response To Professor Suk, Joan C. Williams Jan 2010

Correct Diagnosis; Wrong Cure: A Response To Professor Suk, Joan C. Williams

Faculty Scholarship

No abstract provided.


The Centerpiece To Real Reform? Political, Legal, And Social Barriers To Reentry In California,, Eumi Lee Jan 2010

The Centerpiece To Real Reform? Political, Legal, And Social Barriers To Reentry In California,, Eumi Lee

Faculty Scholarship

No abstract provided.


Sentencing Reform In California, Aaron J. Rappaport Jan 2010

Sentencing Reform In California, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


Creating And Sustaining Successful Mixed-Income Communities: Conceptualizing The Role Of Schools, Mark L. Joseph, Jessica Feldman Sep 2009

Creating And Sustaining Successful Mixed-Income Communities: Conceptualizing The Role Of Schools, Mark L. Joseph, Jessica Feldman

Faculty Scholarship

This article examines the theory and evidence behind the increased policy and scholarly interest in the role that schools might play in promoting neighborhood revitalization, focuses on the extent to which schools might be a key component in the growing efforts across the country to address urban poverty by creating and sustaining mixed-income neighborhoods, identifies five channels through which investment in high-quality public schools might help facilitate the types of neighborhood- and individual-level outcomes sought through mixed-income development, explores the theoretical arguments behind these pathways, and draws on research to assess the potential value of each. The article concludes that …


States Of Resistance: The Real Id Act And The Limits Of Federal Deputization Of State Agencies In The Regulation Of Non-Citizens, Shirley Lin Jul 2009

States Of Resistance: The Real Id Act And The Limits Of Federal Deputization Of State Agencies In The Regulation Of Non-Citizens, Shirley Lin

Faculty Scholarship

No abstract provided.


Implied Reverse Preemption, Anita Bernstein Apr 2009

Implied Reverse Preemption, Anita Bernstein

Faculty Scholarship

No abstract provided.


Rethinking Criminal Law And Family Status , Dan Markel, Ethan J. Leib, Jennifer M. Collins Jan 2009

Rethinking Criminal Law And Family Status , Dan Markel, Ethan J. Leib, Jennifer M. Collins

Faculty Scholarship

In our recent book, Privilege or Punish: Criminal Justice and the Challenge of Family Ties (OUP 2009), we examined and critiqued a number of ways in which the criminal justice system uses family status to distribute benefits or burdens to defendants. In their review essays, Professors Alafair Burke, Alice Ristroph & Melissa Murray identify a series of concerns with the framework we offer policymakers to analyze these family ties benefits or burdens. We think it worthwhile not only to clarify where those challenges rest on misunderstandings or confusions about the central features of our views, but also to show the …


A Crooked Picture: Re-Framing The Problem Of Child Sexual Abuse, Eric S. Janus Jan 2009

A Crooked Picture: Re-Framing The Problem Of Child Sexual Abuse, Eric S. Janus

Faculty Scholarship

This article discusses the problem of ending child sexual abuse using an allegory explaining that certain types of punitive solutions as solving the river "downstream", or in problem-solving mode, as opposed to "upstream", or in prospective problem avoidance. The thesis of this brief article is that our public policy is focused too far downstream. We rightly condemn child sexual abuse, but our public discourse frames the issue in a way that misdirects our public policy towards downstream solutions. If we truly want to protect our children from sexual abuse and end the cycle of violence, we need to reframe the …


Categoricalism And Balancing In First And Second Amendment Analysis, Joseph Blocher Jan 2009

Categoricalism And Balancing In First And Second Amendment Analysis, Joseph Blocher

Faculty Scholarship

The least discussed element of District of Columbia v. Heller might ultimately be the most important: the battle between the majority and dissent over the use of categoricalism and balancing in the construction of constitutional doctrine. In Heller, Justice Scalia’s categoricalism essentially prevailed over Justice Breyer’s balancing approach. But as the opinion itself demonstrates, Second Amendment categoricalism raises extremely difficult and still-unanswered questions about how to draw and justify the lines between protected and unprotected “Arms,” people, and arms-bearing purposes. At least until balancing tests appear in Second Amendment doctrine—as they almost inevitably will—the future of the Amendment will depend …


Wartime America And The Wire: A Response To Posner’S Post-9/11 Constitutional Framework, Dawinder S. Sidhu Jan 2009

Wartime America And The Wire: A Response To Posner’S Post-9/11 Constitutional Framework, Dawinder S. Sidhu

Faculty Scholarship

This article challenges Not a Suicide Pact by using a single component of practical experience that has factored into legal reasoning: television. In particular, it will invoke various themes from The Wire—an HBO series that explores the relationship between the drug trade and law enforcement in Baltimore, Maryland—to demonstrate the problematic nature of the aforementioned arguments set forth in Posner’s book.


This Right Is Not Allowed By Governments That Are Afraid Of The People: The Public Meaning Of The Second Amendment When The Fourteenth Amendment Was Ratified , Clayton E. Cramer, Nicholas J. Johnson, George A. Moscary Jan 2009

This Right Is Not Allowed By Governments That Are Afraid Of The People: The Public Meaning Of The Second Amendment When The Fourteenth Amendment Was Ratified , Clayton E. Cramer, Nicholas J. Johnson, George A. Moscary

Faculty Scholarship

The lingering question following the U.S. Supreme Court's decision in District of Columbia v. Heller is whether the Court will employ the Fourteenth Amendment to incorporate the newly confirmed right to keep and bear arms as a limitation on states. The answer will hinge substantially on the Court's assessment of the intent and purpose of the Fourteenth Amendment with regard to the right to keep and bear arms. Discerning such intent requires detailed evaluation of the context within which the amendment emerged and the understanding of the right to keep and bear arms at the time. This Essay pursues in …


Constitution And The Laws Of War During The Civil War, The Federal Courts, Practice & Procedure, Andrew Kent Jan 2009

Constitution And The Laws Of War During The Civil War, The Federal Courts, Practice & Procedure, Andrew Kent

Faculty Scholarship

This Article uncovers the forgotten complex of relationships between the U.S. Constitution, citizenship and the laws of war. The Supreme Court today believes that both noncitizens and citizens who are military enemies in a congressionally-authorized war are entitled to judicially-enforceable rights under the Constitution. The older view was that the U.S. government’s military actions against noncitizen enemies were not limited by the Constitution, but only by the international laws of war. On the other hand, in the antebellum period, the prevailing view was U.S. citizenship should carry with it protection from ever being treated as a military enemy under the …


Reconciling People And Place In Housing And Community Development Policy Essay, Nestor M. Davidson Jan 2009

Reconciling People And Place In Housing And Community Development Policy Essay, Nestor M. Davidson

Faculty Scholarship

In housing and community development theory, scholars have long debated tensions between place-based policies and those that focus on fostering mobility. In practice, this is a false dichotomy and this essay explores ways in which place-based policies change the calculus of mobility, while mobility policies deeply shape both the communities people seek and those they leave behind.


Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power Jan 2009

Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power

Faculty Scholarship

In the American constitutional system the sovereign has the power to enact “regulations which are necessary to the common good and general welfare.” But the Fifth Amendment to the United States Constitution proscribes that : “No person shall be . . . deprived of . . . property, without due process of law; nor shall private property be taken for public use, without just compensation.” And the question of whether a sovereign regulation has “taken” private property without just compensation has puzzled the United States Supreme Court for over two hundred years in over four hundred cases. This paper chronicles …


Constitutional Rules And Institutional Roles: The Fate Of The Equal Protection Class Of One And What It Means For Congressional Power To Enforce Constitutional Rights, William Araiza Jan 2009

Constitutional Rules And Institutional Roles: The Fate Of The Equal Protection Class Of One And What It Means For Congressional Power To Enforce Constitutional Rights, William Araiza

Faculty Scholarship

No abstract provided.


For-Profit Philanthropy, Dana Brakman Reiser Jan 2009

For-Profit Philanthropy, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.


Trawling Dna Databases For Partial Matches: What Is The Fbi Afraid Of?, David H. Kaye Jan 2009

Trawling Dna Databases For Partial Matches: What Is The Fbi Afraid Of?, David H. Kaye

Faculty Scholarship

DNA evidence is often presented as the “gold standard” for forensic science. But this was not always the case. For years, eminent scientists complained that the estimates of the tiny frequencies of DNA types were unfounded. It took scores of research papers, dozens of judicial opinions, and two committees of the National Academy of Sciences to resolve the dispute by the mid-1990s. Since 2000, however, reports have surfaced of shocking numbers of “partial matches” among samples within large DNA databases, and some scientists have complained that the infinitesimal figures used in court to estimate the probability of a random match …


Heller High Water? The Future Of Originalism, Jamal Greene Jan 2009

Heller High Water? The Future Of Originalism, Jamal Greene

Faculty Scholarship

Has originalism won? It's easy to think so, judging from some of the reaction to the Supreme Court's recent decision in District of Columbia v. Heller. The Heller Court held that the District of Columbia could neither ban possession of handguns nor require that all other firearms be either unloaded and disassembled or guarded by a trigger lock. In finding for the first time in the Court's history that a gun control law violated the Second Amendment, Justice Scalia's opinion for the 5-4 majority appeared to be a sterling exemplar of originalism, the method of constitutional interpretation that he …


Police And National Security: American Local Law Enforcement And Counter-Terrorism After 9/11, Matthew C. Waxman Jan 2009

Police And National Security: American Local Law Enforcement And Counter-Terrorism After 9/11, Matthew C. Waxman

Faculty Scholarship

This article examines three national security law challenges resulting from greater involvement of state and local police agencies in protecting national security, especially in combating terrorism: organizational challenges, accountability challenges, and institutional tensions with traditional local police functions. Each threatens the balance of security and civil liberties.