Digital Commons Network^™

The Transparent Citizen, Joel R. Reidenberg

Loyola University Chicago Law Journal

This Article shows that the transparency of personal information online through ubiquitous data collection and surveillance challenges the rule of law both domestically and internationally. The Article makes three arguments. First, the transparency created by individuals’ interactions online erodes the boundary between public and private information and creates a “transparent citizen.” Second, the transparent citizen phenomenon undermines the state’s faithfulness to the ideals of the rule of law and to citizens’ respect for the rule of law. Transparency enables government to collect and use personal information from the private sector in ways that circumvent traditional political and legal checks and …

A Critical Realist Approach To Engineering Ethics, Eddie Conlon

Conference papers

This paper is focused on the teaching of engineering ethics (EE). Through a focus on safety and the lens of what sociologists call the agency/ structure relationship it examimes various approaches to this teaching. Drawing on Critical Realism it argues there are deficiencies in both the dominant approach and a number of proposed alternatives as they suffer from various forms of conflationism . By drawing on Critical Realism (CR) a more robust agenda for teaching engineering ethics can be developed. It is argued that CR offers a basis for understanding the range of factors which lead to accidents and disasters. …

Who Wins Residential Property Tax Appeals?, Randall K. Johnson

Faculty Works

This article explains who wins residential property tax appeals in Cook County, Illinois. It does so by collecting and combining public sector data, which has been recently released by the Cook County Assessor. The article then uses this data to compute three statistics. Lastly, it contextualizes each statistic in order to determine if some townships, or groups of townships, win more appeals than expected.

The Decriminalization Of Marijuana: Ignoring Federal Laws, Jessie M. Mills

Student Works

No abstract provided.

Laws In The United States And France Do Not Discriminate Against Muslim Women, Valerie P. Deluisi

Student Works

No abstract provided.

Fda Approved?: Examining The Fda’S Approach To Mobile Medical Apps And Its Sufficiency, Vanessa Coleman

Student Works

No abstract provided.

The Justifiable Need Requirement Is Not Justifiable, Victoria A. Tengelics

Student Works

No abstract provided.

Doing A Double Take: Rail-Trail Takings Litigation In The Post-Brandt Trust Era, Danaya C. Wright

UF Law Faculty Publications

After providing a brief explanation of railroad development, railbanking, the takings cases, and the Brandt Trust decision, this Article will explore the implications of each of these three legal issues at the heart of the takings disputes. What makes the decision in Marvin M. Brandt Revocable Trust v. United States particularly disappointing is not that the Court came to the wrong conclusion in its interpretation of the railroad’s interest in federally granted railroad rights of way (“FGROWs”) granted pursuant to the 1875 General Railroad Right of Way Act, but that its wrong interpretation adds all of the 1875 Act FGROW …

Diagnosis Dangerous: Why State Licensing Boards Should Step In To Prevent Mental Health Practitioners From Speculating Beyond The Scope Of Professional Standards, Jennifer S. Bard

UF Law Faculty Publications

This Article reviews the use of mental health experts to provide testimony on the future dangerousness of individuals who have already been convicted of a crime that qualifies them for the death penalty. Although this practice is common in many states that still retain the death penalty, it most frequently occurs in Texas because of a statute that makes it mandatory for juries to determine the future dangerousness of the defendant they have just found guilty. Both the American Psychiatric Association and the American Psychological Association have protested the use of mental health professionals in this setting because there are …

Intelligent Sensor System For Selected Environmental Safety Application, Chen-Lin Song

Open Access Theses

Song, Chen-Lin. M.S., Purdue University, August 2015. Intelligent Sensor System for Selected Environmental Safety Applications. Major Professor: Suranjan Panigrahi

Overweight Vehicle Permitting Alternatives, Stephanie R Everett

Open Access Dissertations

Overweight vehicles exceed the federal and/or state statutory limits for either the gross vehicle weight (GVW) or the weight of individual axles or axle groups. National and state limits on vehicle weights were established to preserve the highway infrastructure. Past research has shown that overweight operations, while causing significant damage to roads and bridges, can enhance the trucking industry productivity, and thus yield economic benefits both regionally and nationally. In the United States, individual states administer oversize and overweight vehicle permit programs to regulate and collect revenues from overweight operations. Differences in the truck size and weight limits and overweight …

Problem Solving Courts & Race: An Examination Of Community Courts And The Impact Of Race, Tyrell Anthony Connor

Open Access Dissertations

The United States currently leads the world in incarcerations rates. The dramatic increase of using prison as a response to most criminal offenses has called for new and innovative practices. Problem solving courts have been leading the way by incorporating evidence-based practices in the courtroom to find alternatives to incarceration. However, although problem solving courts are receiving praise for their innovative ways, they have seemed to fail at adequately addressing the racial disparities so prevalent in the U.S. criminal justices system. This dissertation seeks to understand how race can play a role in problem solving courts, by specifically evaluating community …

Cultural Considerations In Forensic Science In The United States, Suzanna K. Taylor, Wayne P. Bergeron

Politics, Justice, Law, and Philosophy

Does the cultural context of any criminal justice element, ranging from the crime victim to the forensic science expert, have any impact on the pursuit of justice? Is forensic science completely free of cultural adulteration? Two dimensions of the cultural consideration variable this paper focuses on are (1), what areas of forensic analysis need to be considered to prevent, or at least, diminish cultural offenses in processing crime scenes and forensic evidence, and (2) the need of forensic science professionals and organizations to adopt a consistent scientific culture in processing and analyzing evidence (particularly in DNA analysis). While many empirical …

Undercover Investigations And Government Lawyers, Eric B. Estes

University of Arkansas at Little Rock Law Review

No abstract provided.

Closing The Halliburton Loophole In New Mexico: Letting Developers Choose Between R&D Dollars And Trade Secrets, Christian Johnson

PEEL Alumni Scholarship

During the last fifteen years, the southwestern United States has recorded exceptional levels of drought and is experiencing a severe water crisis. At the same time, billions of gallons of freshwater are being used each year to supply a booming natural gas development. While not much can be done about the drought, water use could be better monitored and controlled. Deep fracturing technology, or “fracking,” permanently denies human beings the future use of billions of gallons of freshwater because the water used to extract natural gas must be mixed with toxic chemicals, most of which cannot be economically removed.

Texas Cheerleaders And The First Amendment: Can You Cheer For God At A Football Game, Brett A. Geier

MC Law Review

No abstract provided.

A Tenant's Procedural Due Process Right In Chronic Nuisance Ordiance Jurisdictions, Salim Katach

Hofstra Law Review

The article discusses a tenant's procedural due process right in Chronic Nuisance Ordinance (CNO) jurisdictions in America, and it mentions a lawsuit involving single mother Lakisha Briggs who was accused of violating Norristown, Pennsylvania's CNO following a disorderly conduct and fighting incident in 2012. According to the article, CNOs are designed to encourage property owners to prevent criminal activity on their properties and to recover the costs associated with police services.

The Implications Of Incorporating The Eighth Amendment Prohibition On Excessive Bail, Scott W. Howe

Hofstra Law Review

In its opinion in McDonald v. City of Chicago, 130 S.Ct. 3020 (2010), concerning the incorporation of the Second Amendment, the Supreme Court included a footnote that listed the Eighth Amendment prohibition on excessive bail as one of the incorporated Bill of Rights protections. Oddly, the Court had never incorporated the bail clause or even explained what protections it conferred. While strange, these circumstances provide a rare opportunity to reason backward from incorporation to the meaning of the incorporated provision. And by pursuing those backward implications, the paper offers novel arguments about the proper understanding of the bail clause.

I …

Guild-Ridden Labor Markets: The Curious Case Of Occupational Licensing, Morris M. Kleiner

Upjohn Press

In his third Upjohn Press book on occupational licensing, Morris M. Kleiner examines why the institution of occupational licensing has had such a curious evolution and influence in the United States, the European Union, and China. He also discusses the many similarities it has to guilds.

Cost-Effective Juvenile Justice Reform: Lessons From The Just Beginning “Baby Elmo” Teen Parenting Program, Shani M. King, Rachel Barr, Jennifer Woolard

UF Law Faculty Publications

This Article reviews the literature describing the rise of mass incarceration and its effects on individuals, families, and communities. The Article then describes the Just Beginning “Baby Elmo” Program, a cost-effective, sustainable parental instruction and child visitation intervention created for use with incarcerated teen parents. This intervention is designed to increase the quality of interaction between parent and child, increasing the likelihood that the teen father and child will form a positive relationship and maintain that relationship after release from detention—thereby increasing the child’s resilience and reducing the risk of recidivism for the teen father. The “Baby Elmo” Program is …

The First Amendment And The Rpas, Caren M. Morrison

Faculty Publications By Year

No abstract provided.

Reducing Racial And Ethnic Disparities In Jails: Recommendations For Local Practice, Jessica M. Eaglin, Danyelle Solomon

Articles by Maurer Faculty

People of color are overrepresented in our criminal justice system. One in three African American men born today will be incarcerated in his lifetime. In some cities, African Americans are ten times more likely to be arrested when stopped by police. With the national debate national focused on race, crime, and punishment, criminal justice experts are examining how to reduce racial disparities in our prisons and jails, which often serve as initial entry points for those who become entangled in the criminal justice system.

This report, which relies on input from 25 criminal justice leaders, pinpoints the drivers of racial …

Can't We Be Your Neighbor? Trayvon Martin, George Zimmerman, And The Resistance To Blacks As Neighbors, Jeannine Bell

Articles by Maurer Faculty

The Civil Rights Act of 1964 paved the way for the Fair Housing Act of 1968, which was designed to address discrimination in one of our most intimate space — neighborhoods. Fifty-six years after the passage of the Fair Housing Act, Americans remain fiercely resistant to the concept of neighborhood integration. This Article uses an unlikely event, the killing of Trayvon Martin, to discuss one manifestation of that resistance with disturbing implications.

Hijacked Consent: Debt Collection And The Telephone Consumer Protection Act, Michael A. Deniro

Cornell Law Review

No abstract provided.

Executive Privilege As Constitutional Common Law: Establishing Ground Rules In Political-Branch Information Disputes, Riley T. Keenan

Cornell Law Review

No abstract provided.

Who Pays The Price: The Necessity Of Taxpayer Participation In Chapter 9, C. Scott Pryor

Scholarly Works

No abstract provided.

Making Space For Good Things To Happen: A Restorative Approach To The School To Prison Pipeline, Jon Powell

Scholarly Works

No abstract provided.

Comment: Retroactivity And The Future Of Sex Offender Registration In Maryland, Timothy J. Gilbert

University of Baltimore Law Forum

Maryland’s statutory sex offender registration scheme requires certain convicted sex offenders residing in Maryland to register with the Department of Public Safety and Correctional Services (the Department), or to register with another law enforcement or correctional entity for certain lengths of time depending on the offense(s) for which they were convicted. Among them are potentially “thousands of Maryland sex offenders” who have been required to register for offenses committed before the enactment of Maryland’s registration scheme. Retroactive application of sex offender registration schemes like Maryland’s, under the direction of the federal Sex Offender Registration and Notification Act (SORNA), has prompted …

Let Freedom Ring: Broadening Foia's Public Domain And The Applicability Of The Waiver Doctrine, Kayla Berlin

Loyola of Los Angeles Entertainment Law Review

This Comment examines the waiver doctrine, which requires the government to reveal information it could normally withhold under an exemption of the Freedom of Information Act (“FOIA”) because the information is deemed to have already entered the public domain. The Comment begins by tracing the origin of FOIA as an improvement upon the inadequate Administrative Procedure Act. Second, the Comment discusses the competing tests used in determining when information has entered the public domain—the D.C. Circuit’s permanent public record test and the Ninth Circuit’s unlimited disclosure test—as well as their application in a case involving the film Zero Dark Thirty. …

The Implementation Of Judicial Policy In Crime Laboratories : An Examination Of The Impact Of Melendez-Diaz V. Massachusetts, Catherine L. Bonventre

Legacy Theses & Dissertations (2009 - 2024)

In Melendez-Diaz v. Massachusetts (2009), the United States Supreme Court held that the Sixth Amendment right to confront adverse witnesses includes the right to confront forensic analysts who produce affidavits certifying the results of forensic examinations used against defendants at trial. The decision thus invalidated the practice of substituting forensic laboratory reports for live testimony in criminal trials. Melendez-Diaz was a divided decision in which four dissenting Justices predicted onerous practical consequences for the practice of forensic science in the United States. Through a web-based survey and semi-structured interviews, this dissertation explored the practical impact of the decision on crime …