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2018

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Institution
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Articles 4741 - 4754 of 4754

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Offshoring Tax Ethics: The Panama Papers, Seeking Refuge From Tax, & Tax Lawyer Referrals, Heather M. Field Jan 2018

Offshoring Tax Ethics: The Panama Papers, Seeking Refuge From Tax, & Tax Lawyer Referrals, Heather M. Field

Faculty Scholarship

No abstract provided.

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Monetizing Shame: Mugshots, Privacy, And The Right To Access, Eumi K. Lee Jan 2018

Monetizing Shame: Mugshots, Privacy, And The Right To Access, Eumi K. Lee

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No abstract provided.

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Intellectual Disability, The Death Penalty, And Jurors, David L. Faigman, Emily V. Shaw, Nicholas Scurich Jan 2018

Intellectual Disability, The Death Penalty, And Jurors, David L. Faigman, Emily V. Shaw, Nicholas Scurich

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No abstract provided.

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Association Of Legal Intervention Injuries With Race And Ethnicity Among Patients Treated In Emergency Departments In California, Aaron J. Rappaport, Alyssa C. Mooney, Shannon Mcconville, Renee Y. Hsia Jan 2018

Association Of Legal Intervention Injuries With Race And Ethnicity Among Patients Treated In Emergency Departments In California, Aaron J. Rappaport, Alyssa C. Mooney, Shannon Mcconville, Renee Y. Hsia

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Predicting Violent Behavior: What Can Neuroscience Add?, David L. Faigman Jan 2018

Predicting Violent Behavior: What Can Neuroscience Add?, David L. Faigman

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No abstract provided.

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Federal Laboratories Of Democracy, Dave Owen, Hannah J. Wiseman Jan 2018

Federal Laboratories Of Democracy, Dave Owen, Hannah J. Wiseman

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No abstract provided.

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A Persistência Das Desigualdades Raciais No Sistema De Justiça Criminal Dos Eua, George Bisharat Jan 2018

A Persistência Das Desigualdades Raciais No Sistema De Justiça Criminal Dos Eua, George Bisharat

Faculty Scholarship

No abstract provided.

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Artificial Intelligence: The Importance Of Trust & Distrust, Robin Feldman Jan 2018

Artificial Intelligence: The Importance Of Trust & Distrust, Robin Feldman

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No abstract provided.

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Leveraging Social Science Expertise In Immigration Policy, Ming Hsu Chen Jan 2018

Leveraging Social Science Expertise In Immigration Policy, Ming Hsu Chen

Faculty Scholarship

The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social scientific findings and expertise as part of presidential and agency decision- making: border control, crime control, and extreme vetting of refugees to prevent terrorism. The Essay claims that these rejections of expertise undermine both substantive and procedural protections for immigrants and undermine important functions of the administrative state as a curb on irrationality in policymaking. It …

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Foreword To The West Virginia Law Review Appalachian Justice Symposium, Jennifer D. Oliva Jan 2018

Foreword To The West Virginia Law Review Appalachian Justice Symposium, Jennifer D. Oliva

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No abstract provided.

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Teaching The Transformative Fourteenth Amendment, Joel K. Goldstein Jan 2018

Teaching The Transformative Fourteenth Amendment, Joel K. Goldstein

All Faculty Scholarship

If the constitutional law casebooks are a reliable guide, most teach the Fourteenth Amendment, like other parts of the Constitution, by presenting separately the various doctrinal topics it has raised.[1] The principal clauses of the Amendment, or really those in the second sentence of Section 1[2]—the Equal Protection, Due Process, and Privileges or Immunities Clauses—are generally extracted from its text and classes are structured around the leading cases decided under each and the resulting doctrine. Cases under the Equal Protection or Due Process Clause may be further separated. Based on the class of claimants, for instance, the cases involving racial …

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Keeping The Rule Of Law Simple: Comments On Gowder, The Rule Of Law In The Real World, Chad Flanders Jan 2018

Keeping The Rule Of Law Simple: Comments On Gowder, The Rule Of Law In The Real World, Chad Flanders

All Faculty Scholarship

Let me start by just stating my experience of reading The Rule of Law in the Real World1 because it will help make sense of the structure of my remarks. The first third of the book: I am utterly convinced, even blown away, by the elegance and persuasiveness of the argument and the analysis; even when there is merely a summary, I am helped and bettered by it. The second third of the book: I am inclined, based on the enormous goodwill generated by the first third of the book to accept-almost uncritically-the historical discussion and the conclusions drawn …

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How Much Certainty Do We Need To Punish? A Reply To Kolber, Chad Flanders Jan 2018

How Much Certainty Do We Need To Punish? A Reply To Kolber, Chad Flanders

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Scene: Outside Brooklyn Law School, mid-morning. CHADF, a law professor, reads something on his phone while waiting for an Uber. He is holding a cup of coffee in his other hand. KOLBERT, also a law professor, is walking quickly, deep into editing his latest law review article, mostly oblivious to the outside world. KOLBERT collides with CHADF, causing him to spill coffee all over his shirt.

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Alternative Systems Of Crime Control. National, Transnational, And International Dimensions, Emmanouil Billis, Ulrich Sieber, Valsamis Mitsilegas, Christos Mylonopoulos, Knust Nandor, Lorena Bachmaier Winter, Chrisje Brants, Thierry Delpeuch, Jacqueline E. Ross, Stephen C. Thaman, Niovi Vavoula, John A.E. Vervaele, Philipp Ambach, Nils Andrzejewski, Florian Jessberger, James Stewart, Nikos Theodorakis Jan 2018

Alternative Systems Of Crime Control. National, Transnational, And International Dimensions, Emmanouil Billis, Ulrich Sieber, Valsamis Mitsilegas, Christos Mylonopoulos, Knust Nandor, Lorena Bachmaier Winter, Chrisje Brants, Thierry Delpeuch, Jacqueline E. Ross, Stephen C. Thaman, Niovi Vavoula, John A.E. Vervaele, Philipp Ambach, Nils Andrzejewski, Florian Jessberger, James Stewart, Nikos Theodorakis

All Faculty Scholarship

The typical trial-oriented systems of criminal justice that are primarily based on the strict application of substantive criminal law have reached their functional and logistical limits in most parts of the modern legal world. As a result, new sanction models, less formal, administrative, and discretionary case disposals, plea bargaining arrangements, and other alternative procedural and transitional justice mechanisms have emerged at unprecedented levels in national and international legal orders affiliated both with the civil law and the common law tradition. These normative constructs and practices aim at abbreviating, simplifying, or circumventing the conventional criminal investigation and prosecution. They seek to …

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