Digital Commons Network^™

We The People (Of Faith): The Supremacy Of Religious Rights In The Shadow Of A Pandemic, Elizabeth Reiner Platt, Katherine M. Franke, Lilia Hadjiivanova

Faculty Scholarship

Late on a Friday evening in April 2021, over a year into the COVID-19 crisis, the Supreme Court issued a brief opinion that dramatically transformed constitutional law. In the midst of a once-in-a-lifetime global pandemic, the Court ruled in Tandon v. Newsom that state and local governments seeking to curb the spread of the novel coronavirus may not restrict in-person religious gatherings more rigorously than any other type of activity, such as shopping for groceries or working at a warehouse. The opinion was only one in a barrage of cases filed in federal courts across the country — many …

Banning The Full-Face Veil: Freedom Of Religion And Non-Discrimination In The Human Rights Committee And The European Court Of Human Rights, Sarah H. Cleveland

Faculty Scholarship

What is, or should be, the relationship between claims of violations of the right to manifest one’s religion as a result of a generally applicable law or policy, and claims of indirect discrimination on grounds of religion?

The interrelationship of human rights protections is not a new question. Just as rights may conflict, rights may also overlap. The arrest of a human rights activist for expressing her views could violate both the prohibition against arbitrary detention and her freedom of expression. Excessive use of force against peaceful demonstrators could violate their rights to freedom of assembly, freedom of expression, and …

Beyond "Children Are Different": The Revolution In Juvenile Intake And Sentencing, Joshua Gupta-Kagan

Faculty Scholarship

For more than 120 years, juvenile justice law has not substantively defined the core questions in most delinquency cases — when should the state prosecute children rather than divert them from the court system (the intake decision), and what should the state do with children once they are convicted (the sentencing decision)? Instead, the law has granted certain legal actors wide discretion over these decisions, namely prosecutors at intake and judges at sentencing. This Article identifies and analyzes an essential reform trend changing that reality: legislation, enacted in at least eight states in the 2010s, to limit when children can …

Preemption: The Continuing Challenge, Richard Briffault

Faculty Scholarship

The decade of the 2010s witnessed the emergence and rapid spread of aggressive state preemption of local government actions. This “new preemption” consists of intentional, extensive, and sometimes punitive state efforts to block local action across a wide range of domains—from firearms regulation to the treatment of immigrants, workplace equity to environmental protection, the scope of anti-discrimination laws to the regulation of the sharing economy. This new preemption has roots going back to the turn of this century, and began to build decades ago, but it took off most dramatically after the Republican takeover of many state governments in 2010, …

The Practice And Pedagogy Of Carceral Abolition In A Criminal Defense Clinic, Nicole Smith Futrell

Faculty Scholarship

Current social and racial justice movements have helped to advance deeper interest in the long-standing work of carceral abolitionists. Abolitionists understand that the criminal legal process ineffectively uses state-sanctioned violence, surveillance, punishment, and exclusion to address, and counterproductively perpetuate, the underlying problems that produce violence and harmful behavior in our communities. Abolition focuses on dismantling our current carceral systems and finding completely new, restorative, and collaborative ways of addressing harmful social behaviors. While abolitionist thought has long existed in organizing and non-legal academic spaces, law students and legal scholars are increasingly considering how a carceral abolitionist perspective can inform legal …

“I See What Is Right And Approve, But I Do What Is Wrong”: Psychopathy And Punishment In The Context Of Racial Bias In The Age Of Neuroimaging, Alison J. Lynch, Michael L. Perlin

Lewis & Clark Law Review

In this Article, we first consider the relevant differences between antisocial personality disorder (ASPD) and psychopathy. Then, we look at the meager cohort of federal sentencing cases in which the issue of psychopathy is even raised, and consider decision-making in this context from the perspective of implicit racial bias. Next, we present some background on the controversy of “psychopathy” diagnosis; here, we share what we call the “inside baseball” about the debate— on the differences between psychopathy and ASPD—that has rocked the world of the psychology academy. We will also analyze how our current ideas about punishment and recidivism could …

Avoiding The Second Assault: A Guidebook For Trauma-Informed Prosecutors, Eric M. Werner

Lewis & Clark Law Review

Many victims in the criminal justice system have already survived at least one traumatic experience, but too often the process of prosecuting their case exacerbates that trauma instead of healing it. This Article discusses how trauma may impact a victim of crime on a behavioral and neurobiological level, and how prosecutors can re-orient their interactions with victims in a way that helps victims regain their voice, choice, and sense of community. Section I describes the necessity for prosecutors to be trauma-informed and what that means in the context of the criminal justice system. Section II seeks to inform prosecutors and …

Vaccination And The Child’S Right To An Open Future, Elias Feldman

Lewis & Clark Law Review

States commonly require the vaccination of children through their parens pa- triae and police powers. But many states also allow parents to opt for non- medical exemptions from these vaccination requirements, contributing to the emergence of a national vaccine hesitancy crisis. By permitting parents not to vaccinate their children, do states that grant these exemptions violate children’s rights? This Article posits that children may indeed have a right to be vac- cinated and thus protected against contracting a disease for which there is a scientifically proven vaccine. This Article examines this question through the lens of Joel Feinberg’s theory of …

Private Confederate Monuments, Jessica Owley, Jess Phelps, Sean W. Hughes

Lewis & Clark Law Review

As public Confederate monuments finally begin to come down across the na- tion, we are seeing an emergence of Confederate monuments on private lands. The number of private Confederate monuments is increasing both with the construction of new monuments and, more significantly, the relocation of monuments from public land. This Article explains why private Confederate monuments are likely to be the next battleground over these controversial and troubling statues. Through ten detailed examples, we show how private Con- federate monuments emerge and how communities are responding to them. The challenges related to monuments on private land are different than those …

Artificial Intelligence As Evidence, Paul W. Grimm, Maura R. Grossman, Gordon V. Cormack

Faculty Scholarship

This article explores issues that govern the admissibility of Artificial Intelligence (“AI”) applications in civil and criminal cases, from the perspective of a federal trial judge and two computer scientists, one of whom also is an experienced attorney. It provides a detailed yet intelligible discussion of what AI is and how it works, a history of its development, and a description of the wide variety of functions that it is designed to accomplish, stressing that AI applications are ubiquitous, both in the private and public sectors. Applications today include: health care, education, employment-related decision-making, finance, law enforcement, and the legal …

When Guns Threaten The Public Sphere: A New Account Of Public Safety Regulation Under Heller, Joseph Blocher, Reva B. Siegel

Faculty Scholarship

Government regulates guns, it is widely assumed, because of the death and injuries guns can inflict. This standard account is radically incomplete—and in ways that dramatically skew constitutional analysis of gun rights. As we show in an account of the armed protesters who invaded the Michigan legislature in 2020, guns can be used not only to injure but also to intimidate. The government must regulate guns to prevent physical injuries and weapons threats in order to protect public safety and the public sphere on which a constitutional democracy depends.

For centuries the Anglo-American common law has regulated weapons not only …

Monitoring The Misdemeanor Bail Reform Consent Decree In Harris County, Texas, Brandon L. Garrett, Sandra Guerra Thompson

Faculty Scholarship

No abstract provided.

Two Concepts Of Gun Liberty, Joseph Blocher

Faculty Scholarship

No abstract provided.

Of Protest And Property: An Essay In Pursuit Of Justice For Breonna Taylor, H. Timothy Lovelace Jr.

Faculty Scholarship

In March 2020, Louisville police officers fatally shot Breanna Taylor in her apartment while executing a no-knock warrant. There was great outrage over the killing of the innocent woman, and Kentucky Attorney General Daniel Cameron led an investigation of the officer-involved shooting.

Activists protested in Louisville after Taylor's killing, and when Cameron's investigation appeared stalled, these activists even conducted a sit-in on Cameron's front lawn. They demanded immediate justice for Taylor. Cameron sharply responded, lecturing the activists on how to achieve justice. He contended that neither trespassing on private property nor escalation in tactics could advance the cause of justice. …

Spatial Patterns Of Crime In District 05, Quito-Ecuador, 2016-2020, Pablo Esteban Ochoa Veloz

All Graduate Theses, Dissertations, and Other Capstone Projects

The geography of crime in Ecuador has not been geographically studied. In Quito, few criminal studies have been developed from a geographic approach. This research focuses on studying trends and patterns of crime in Quito`s District 05 by employing spatial analytical tools using GIS (Geographic Information System), statistics and cartographic techniques. This study aims to contribute to the literacy in crime-related topic in the country. Quito´s District 05 houses a representative percentage of the city´s financial services, retail activities, and other tertiary services. This district is among the most important economic business district in the city which attract many people …

A Pathway To Health Care Citizenship For Daca Beneficiaries, Medha D. Makhlouf, Patrick J. Glen

Faculty Scholarly Works

Since 2012, beneficiaries of Deferred Action for Childhood Arrivals (DACA) have enjoyed a certain normalization, however tenuous, of their status in the United States: they can legally work, their removal proceedings are deferred, and they cease to accrue unlawful presence. Regarding subsidized health coverage, however, DACA beneficiaries remain on the outside looking in. Although other deferred action beneficiaries are eligible for benefits through Medicaid, the Children’s Health Insurance Program, and the Affordable Care Act, the Obama Administration specifically excluded DACA beneficiaries. This decision undermines DACA’s goal of legitimizing beneficiaries’ presence in the United States. From a health policy perspective, it …

Recognizing The Role Of Inspectors General In The U.S. Government's Cybersecurity Restructuring Task, Amy Gaudion

Faculty Scholarly Works

Months prior to the 2015 public disclosure of a data breach at the U.S. government’s Office of Personnel and Management (OPM), the Office of the Inspector General for OPM issued a report that identified significant deficiencies and material weaknesses in a number of the agency’s information systems and IT security programs. In response to the 2020 SolarWinds supply chain hack, attributed to Russia, calls are underway for inspectors general to conduct audits and inspections and to review prior inspector general assessments of information systems and vulnerabilities at federal agencies. The use of inspectors general to assess information system vulnerabilities and …

Racism, Incorporated: Ramos V. Louisiana And Jogging While Black, Victor C. Romero

Faculty Scholarship

There is more to the U.S. Supreme Court’s recent decision in Ramos v.
Louisiana than its holding requiring unanimous state jury verdicts via the
incorporation doctrine. The underlying debate among the Justices in Ramos
about the salience of race in the law is a window into the current cultural
moment. After identifying the racial debate underlying the Justices’ views in
Ramos, this Essay shows how the same pattern emerges in our social and
legal debates around vigilante policing of Black Americans, including a
close-up look at the recent killing of Ahmaud Arbery. Social psychology
teaches us that society stereotypes …

A Hallmark Of Injustice: Illinois Sentencing Regulations Fail Defendants And The Judicial System, 53 Uic J. Marshall L. Rev. 1009 (2021), Allison Trendle

UIC Law Review

No abstract provided.

Faith In Strasbourg And Luxembourg? The Fresh Rise Of Religious Freedom Litigation In The Pan-European Courts, John Witte Jr., Andrea Pin

Emory Law Journal

The religious landscape of Europe has changed dramatically in the past two generations. Traditional Christian establishments have been challenged by the growth of religious pluralism and strong new movements of laïcité and secularism. Once powerful religious cultures have been shattered by exposures of clerical abuses and financial self-dealing, leading to emptier pews and waning political influence. Once quiet, homogenous European communities are now home to large groups of new Muslim emigrants, making new demands and sparking strong anti-immigrant movements. Once strictly controlled national borders have opened across Eastern and Western Europe, leading to massive migration and tense local intermixtures of …

Qualified Immunity Creates Nearly Insurmountable Protection For Defendants Against First Amendment Retaliatory Claim, Abigail Greene

Missouri Law Review

There are more than 3,000 sheriffs’ departments in the United States with varying authority based on the state and county in which they are located. Their authority may be as wide reaching as a “full-service countywide law enforcement agenc[y]” or may be as limited as having “no law enforcement jurisdiction in county areas served by local or municipal police departments.” Dissimilar to other law enforcement officials, who are hired after an interview and application process, most sheriffs gain their positions through partisan elections. Offices in forty-one states – more than 2,700 counties – conduct partisan elections for the sheriff position.

Law’S Disaster: Heritage At Risk, Sara C. Bronin

Cornell Law Faculty Publications

Large-scale meteorological and geological events—including hurricanes, tropical storms, tornadoes, floods, blizzards, wildfires, earthquakes, extreme heat, and drought—have many consequences: loss of life, economic catastrophe, and destruction of homes among them. Perhaps less well-known are the threats to the historic and cultural sites that speak to human identity and create a sense of connection across generations. These sites are designated spaces of value, given their historical or cultural significance, and they are preserved to commemorate important moments in the story of the lived human experience. Yet hurricanes can destroy old buildings, especially ones that have not been structurally reinforced. Extreme heat …

Foundational And Contemporary Court Confidentiality, Dustin B. Benham

Missouri Law Review

An integrated confidentiality system now pervades American dispute resolution. This system was created over the course of decades by legislatures, rule makers, and courts. Proponents of confidentiality have long justified expansive secrecy by claiming that the benefits of withholding litigation information outweigh any potential public harm. Recent evidence undermines this premise. In some of the most important public-harms cases of the past two decades, critical health-and-safety information was kept secret in court files. People died or were injured in the meantime. It has also become apparent that consolidating cases in multi-district litigation has the potential to accelerate and homogenize confidentiality …

Examining The Psychometric Properties Of The Weekly Emotional And Functional Summary, Brittany Lynn Quimby

PCOM Psychology Dissertations

Self-report questionnaires are used in clinical practice to aid in the process of conceptualizing, diagnosing, planning treatment, and monitoring progress throughout treatment. However, self-report questionnaires can be inconvenient to both clinicians and patients if excessive time is needed to complete and score them. To date, a brief and consolidated self-report questionnaire that measures anxiety, depression, anger, suicidality, homicidality, positive mental health, and functioning does not exist. The primary objective of this study was to evaluate the factor structure and the psychometric properties of the self-report questionnaire, the Weekly Emotional and Functional Summary (WEFS). The study was correlational, using archival data …

What Produced Four Lynchings In Duluth, Minnesota In 1918 And 1920?, Gabriel Das

Pomona Senior Theses

This thesis explores the context of Duluth, Minnesota between the years 1918 and 1920, and how the history, politics, and society of Duluth contributed to two separate lynchings within two years of each other. A brief history of Duluth will be established which describes its demographics, race relations, politics, and work environment in the early 20th century. The lynchings will be discussed in chronological order. Olli Kinkkonen’s murder in 1918 is analyzed within the context of World War One, nationalism, workers’ rights, and anti-Finnish sentiment in Northern Minnesota. The lynchings of Elias Clayton, Elmer Jackson, and Isaac McGhie will be …

Local Fiscal Adjustments From Depopulation: Evidence From The Post–Cold War Defense Contraction, Timothy M. Komarek, Gary A. Wagner

Economics Faculty Publications

In this paper, we estimate the long-term causal effect of population losses on local government revenue, expenditure, and debt by exploiting a quasi-exogenous change that reduced the number of US military personnel by about 40 percent between the late 1980s and 2000. Aggregating across governmental units within commuting zones, we find that real per capita total revenues and expenditures remained unchanged for remaining citizens. At the same time, however, we note several important compositional effects. First, local governments appear to have offset reductions in state intergovernmental aid by increasing property tax revenues. Second, they significantly shifted the composition of expenditures …

The Paradox Of Recidivism, Christopher Lewis

Emory Law Journal

The idea that we should respond more severely to repeated wrongdoing than we do to first-time misconduct is one of our most deeply held moral principles, and one of the most deeply entrenched principles in the criminal law and sentencing policy. Prior convictions trigger, on average, a six-fold increase in the length of punishment in states that use sentencing guidelines. And most of the people we lock up in the U.S. have at least one previous conviction. This Article shows that given the current law and policy of collateral consequences, and the social conditions they engender, judges and sentencing commissions …

Corporate Misconduct In The Pharmaceutical Industry, Richard C. Ausness

Law Faculty Scholarly Articles

Sadly, many pharmaceutical companies have engaged in unethical or illegal behavior. The current opioid crisis is the most recent example of misconduct by pharmaceutical companies. Moreover, this pattern of conduct is neither rare, nor recent. Instead, it is long-standing and pervasive in nature. Furthermore, unlike wrongdoing by other businesses that cause primarily economic or environmental harm, wrongdoing by pharmaceutical companies, like that of asbestos or tobacco companies, may cause personal injuries and death on a large scale.

Attitudes, Perceptions, And Walking Behavior In A Chinese City, Yingying Lyu, Ann Forsyth

Geography & Planning Faculty Publications

Introduction: An increasing number of studies discuss the relationship of walking with attitudes and perceptions. However, the findings are not consistent, and few studies have examined the relationship between walking and attitudes to overall mobility and multiple modes. In this paper, we contribute to these debates by exploring the relationship between walking for transport and broad attitudes to urban mobility and transport modes. Methods: Using a clustered random sample survey conducted in a second-tier city in China (N = 1048), we hypothesized that people with different attitudes have different amounts of walking for transport. Data analysis methods involved descriptive statistics, …

Arbitration In The Age Of Covid: Examining Arbitration's Move Online, Amy J. Schmitz

Cardozo Journal of Conflict Resolution

Arbitration has been moving online over time with the growth of the Internet and Online Dispute Resolution ("ODR"), which includes use of technology to assist online negotiation, mediation, arbitration, and variations thereof Online Arbitration ("OArb ") is nonetheless a unique subset of ODR because it usually culminates in a final and binding award by a neutral third party that is enforceable under the Federal Arbitration Act ("FAA"). Indeed, I have written about OArb on prior occasions, due to its unique status under the FAA and other arbitration laws. However, OArb was relatively limited until the COVID-19 pandemic sparked the acceleration …