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Articles 811 - 840 of 1127
Full-Text Articles in Entire DC Network
The Business Improvement District Comes Of Age, Richard Briffault
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
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
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
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
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
Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram
Faculty Scholarship
No abstract provided.
Defining The Problem, Hadar Aviram
Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt
Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt
Faculty Scholarship
No abstract provided.
Changing The Topography Of Sentencing, Kate Bloch
Changing The Topography Of Sentencing, Kate Bloch
Faculty Scholarship
No abstract provided.
Reconceptualizing Restorative Justice, Kate Bloch
Reconceptualizing Restorative Justice, Kate Bloch
Faculty Scholarship
No abstract provided.
State Of Emergency California's Correctional Crisis, Aaron J. Rappaport, Kara Dansky
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
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
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
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
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
Faculty Scholarship
No abstract provided.
Implied Reverse Preemption, Anita Bernstein
Rethinking Criminal Law And Family Status , Dan Markel, Ethan J. Leib, Jennifer M. Collins
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
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
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
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
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
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
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
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
Faculty Scholarship
No abstract provided.
For-Profit Philanthropy, Dana Brakman Reiser
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
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
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
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.