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Social and Behavioral Sciences

Selected Works

Selected Works

2018

Articles 1 - 30 of 72

Full-Text Articles in Law

Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry Dec 2018

Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry

Jessica S. Henry

Nearly one-third of exonerations involve the wrongful conviction of an innocent person for a crime that never actually happened, such as when the police plant drugs on an innocent person, a scorned lover invents a false accusation, or an expert mislabels a suicide as a murder. Despite the frequency with which no-crime convictions take place, little scholarship has been devoted to the subject. This Article seeks to fill that gap in the literature by exploring no-crime wrongful convictions as a discrete and unique phenomenon within the wrongful convictions universe. This Article considers three main factors that contribute to no-crime wrongful …

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Virtual Life Sentences: An Exploratory Study, Jessica S. Henry, Christopher Salvatore, Bai-Eyse Pugh Dec 2018

Virtual Life Sentences: An Exploratory Study, Jessica S. Henry, Christopher Salvatore, Bai-Eyse Pugh

Jessica S. Henry

Virtual life sentences are sentences with a term of years that exceed an individual’s natural life expectancy. This exploratory study is one of the first to collect data that establish the existence, prevalence, and scope of virtual life sentences in state prisons in the United States. Initial data reveal that more than 31,000 people in 26 states are serving virtual life sentences for violent and nonviolent offenses, and suggest racial disparities in the distribution of these sentences. This study also presents potential policy implications and suggestions for future research.

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Youth Activism, Art And Transitional Artist: Emerging Spaces Of Memory After The Jasmin Revolution, Arnaud Kurze Dec 2018

Youth Activism, Art And Transitional Artist: Emerging Spaces Of Memory After The Jasmin Revolution, Arnaud Kurze

Arnaud Kurze

This project explores the creation of alternative transitional justice spaces in post-conflict contexts, particularly concentrating on the role of art and the impact of social movements to address human rights abuses. Drawing from post-authoritarian Tunisia, it scrutinizes the work of contemporary youth activists and artists to deal with the past and foster sociopolitical change. Although these vanguard protesters provoked the overthrow of President Zine El Abidine Ben Ali in 2011, the power vacuum was quickly filled by old elites. The exclusion of young revolutionaries from political decision-making led to unprecedented forms of mobilization to account for repression and injustice under …

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Hospital Mergers And Public Accountability: Tennessee And Virginia Employ A Certificate Of Public Advantage, Erin C. Fuse Brown Nov 2018

Hospital Mergers And Public Accountability: Tennessee And Virginia Employ A Certificate Of Public Advantage, Erin C. Fuse Brown

Erin C. Fuse Brown

No abstract provided.

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A Spatial Critique Of Intellectual Property Law And Policy, Peter K. Yu Nov 2018

A Spatial Critique Of Intellectual Property Law And Policy, Peter K. Yu

Peter K. Yu

Although geography has had an important and lasting impact on the development of intellectual property law and policy, at both the domestic and international levels, geographical perspectives and spatial analysis have thus far not attracted much attention from policymakers and commentators. Only recently have we seen greater linkage between these two undeniably connected fields. Even with such linkage, the discussion tends to focus narrowly on specific issues, such as the parallel importation of pharmaceuticals, the protection of geographical indications and the treatment of traditional knowledge and traditional cultural expressions.

This article aims to provide a systematic analysis of the linkage …

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A National Study Of Immigration Detention In The United States, Emily Ryo, Ian Peacock Oct 2018

A National Study Of Immigration Detention In The United States, Emily Ryo, Ian Peacock

Emily Ryo

Amidst growing reports of abuses and rights violations in immigration detention, the Trump administration has sought to expand the use of immigration detention to facilitate its deportation policy. This study offers the first comprehensive empirical analysis of U.S. immigration detention at the national level. Drawing on administrative records and geocoded data pertaining to all noncitizens who were detained by U.S. Immigration and Customs Enforcement in fiscal year 2015, we examine who the detainees are, where they were held, and what happened to them.

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Introduction To Transit-Oriented Development, Michael Lewyn Oct 2018

Introduction To Transit-Oriented Development, Michael Lewyn

Michael E Lewyn

Explains how transit-oriented development differs from the automobile-oriented development that surrounds many suburban train stations, why the former is desirable, and what sort of zoning changes promote such development.

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D_Luftig_Data_Management_Slides.Pdf, David Luftig Oct 2018

D_Luftig_Data_Management_Slides.Pdf, David Luftig

David Luftig

These are the slides used for 10/24/2018 workshop "Campus Conversation: On-Campus Resources for Federal Grant Seekers."

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64. Effects Of The Putative Confession Instruction On Perceptions Of Children’S True And False Statements, Jennifer Gongola, Nicholas Scurich, Thomas D. Lyon Oct 2018

64. Effects Of The Putative Confession Instruction On Perceptions Of Children’S True And False Statements, Jennifer Gongola, Nicholas Scurich, Thomas D. Lyon

Thomas D. Lyon

The putative confession instruction (“[suspect] told me everything that happened and wants you to tell the truth”) during forensic interviews with children has been shown to increase the accuracy of children’s statements, but it is unclear whether adult’s perceptions are sensitive to this salutary effect. The present study examined how adults perceive children’s true and false responses to the putative confession (PC) instruction. Participants (n = 299) watched videotaped interviews of children and rated the child’s credibility and the truthfulness of his/her statements. When viewing children’s responses to the PC instruction, true and false statements were rated as equally credible, …

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Trading Sustainably: Critical Considerations For Local Groundwater Markets Under The Sustainable Groundwater Management Act, Nell Green Nylen, Michael Kiparsky, Kelly Archer, Kurt Schneir, Holly Doremus Sep 2018

Trading Sustainably: Critical Considerations For Local Groundwater Markets Under The Sustainable Groundwater Management Act, Nell Green Nylen, Michael Kiparsky, Kelly Archer, Kurt Schneir, Holly Doremus

Nell Green Nylen

The Sustainable Groundwater Management Act (SGMA), passed in 2014, is changing the way California manages its groundwater resources. SGMA calls for the creation of local Groundwater Sustainability Agencies (GSAs) and tasks them with developing and implementing Groundwater Sustainability Plans (GSPs) to achieve sustainable groundwater management. SGMA offers GSAs a broad palette of tools to choose from and significant flexibility to tailor their management activities to local conditions and needs. Because it allows GSAs to assign groundwater extraction allocations to pumpers and to authorize transfers of these allocations under certain circumstances, SGMA potentially opens the door for the development of local …

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El Estado En La Periferia. Historias Locales De Debilidad Institucional En La Periferia, Javier Revelo-Rebolledo, Mauricio García-Villegas Aug 2018

El Estado En La Periferia. Historias Locales De Debilidad Institucional En La Periferia, Javier Revelo-Rebolledo, Mauricio García-Villegas

Javier Revelo-Rebolledo

No abstract provided.

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Occupation During And After The War (China), Lukas K. Danner Jul 2018

Occupation During And After The War (China), Lukas K. Danner

Dr. Lukas K. Danner

No abstract provided.

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Cooperation Chicago: Building Chicago's Worker Cooperative Ecosystem, Renee Hatcher Jul 2018

Cooperation Chicago: Building Chicago's Worker Cooperative Ecosystem, Renee Hatcher

Renee Hatcher

No abstract provided.

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Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol Jul 2018

Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol

Neil L Sobol

Debtors’ prisons should no longer exist. While imprisonment for debt was common in colonial times in the United States, subsequent constitutional provisions, legislation, and court rulings all called for the abolition of incarcerating individuals to collect debt. Despite these prohibitions, individuals who are unable to pay debts are now regularly incarcerated, and the vast majority of them are indigent. In 2015, at least ten lawsuits were filed against municipalities for incarcerating individuals in modern-day debtors’ prisons. Criminal justice debt is the primary source for this imprisonment.

Criminal justice debt includes fines, restitution charges, court costs, and fees. Monetary charges exist …

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Flag-Waving: Visual Arguments, Verbal Reconstruction, And Speaker Intentions, Brian Larson Jul 2018

Flag-Waving: Visual Arguments, Verbal Reconstruction, And Speaker Intentions, Brian Larson

Brian Larson

This study extends previous work in visual argumentation by studying speakers’ own verbal reconstructions of their visual communicative acts. The researcher interviewed 70 persons wearing or carrying American flags at the Republican and Democratic National Conventions in Cleveland and Philadelphia in July 2016, to determine whether “speakers” make arguments by wearing or carrying it. For more than 20 years, theorists have debated whether it is meaningful to speak of "visual arguments," whether they can be purely visual, non-verbal communication, and whether and how they can be reconstructed in the form of the conclusion-support structure of an argument. This analysis provides …

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The Rise Of Market Urbanism, Michael Lewyn Jun 2018

The Rise Of Market Urbanism, Michael Lewyn

Michael E Lewyn

Compares market urbanism to new urbanism and to defenders of suburban sprawl. Like new urbanists, market urbanists find urban life to be socially valuable, and emphasize that sprawl is not always in line with consumer preferences. But market urbanists are more likely to emphasize the role of government regulation in creating suburbanization, and to oppose anti-sprawl land use regulations.

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Chinese And American Forum On Legal Information And Law Libraries: Highlights From Hangzhou, Ning Han, Evelyn Ma, Wei Luo May 2018

Chinese And American Forum On Legal Information And Law Libraries: Highlights From Hangzhou, Ning Han, Evelyn Ma, Wei Luo

Ning Han

The Fifth Biennial Conference of the Chinese and American Forum on Legal Information and Law Libraries (CAFLL) was held in Hangzhou, China, June 1-2, 2017. More than sixty law school deans, law librarians, and law professors from more than fifty law schools in China attended the conference. Overseas attendees included more than twenty-five law librarians and library directors from Germany, Canada, as well as the presidents of the American Association of Law Libraries (AALL) and International Association of Law Libraries (IALL).

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63. Children’S Conversational Memory Regarding A Minor Transgression And A Subsequent Interview., Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon May 2018

63. Children’S Conversational Memory Regarding A Minor Transgression And A Subsequent Interview., Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon

Thomas D. Lyon

Children’s memories for their conversations are commonly explored in child abuse cases. In two studies, we examined conversational recall in 154 4- to 9-year-old children’s reports of an interaction with a stranger, some of whom were complicit in a transgression and were admonished to keep it a secret. Immediately afterwards, all children were interviewed about their interaction. One week later, children were asked recall questions about their interaction with the stranger, their conversations with the stranger, and their conversations with the interviewer. Overall, interaction recall questions elicited few details about children’s conversations, whereas conversation recall questions were effective in doing …

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Research To Practice: Medicaid Involvement In Employment-Related Programs- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley May 2018

Research To Practice: Medicaid Involvement In Employment-Related Programs- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley

Jennifer Sulewski

This brief analyzes data from ICI's National Survey of State Systems and Employment for People with Disabilities regarding the priority Medicaid agencies place on employment and their involvement in recent policy initiatives.

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Space Security And Gender: Incorporating The Gender Perspective Into Decision-Making Processes, Sara Langston May 2018

Space Security And Gender: Incorporating The Gender Perspective Into Decision-Making Processes, Sara Langston

Sara Langston

"Dr Sara Langston discussed the importance of including the gender perspective in decision-making processes for space activities. This included all areas, such as government and civil, peaceful and security related. She stated that values impacted the way people pursued their goals, and more role models were therefore needed in space activities. Women, in particular, offered forward thinking on numerous fronts, introducing a distinct form of problem analysis from that of men. While great minds often think alike, they also think differently. The gender perspective was about introducing a different way of thinking to long-standing debates. Ms Langston outlined four ways …

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The Open Access Advantage In Legal Education’S Age Of Assessment (Reviewing James M. Donovan, Carol A. Watson & Caroline Osborne, The Open Access Advantage For American Law Reviews), Elizabeth Adelman May 2018

The Open Access Advantage In Legal Education’S Age Of Assessment (Reviewing James M. Donovan, Carol A. Watson & Caroline Osborne, The Open Access Advantage For American Law Reviews), Elizabeth Adelman

Elizabeth Adelman

No abstract provided.

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The Light Of Nature: John Locke, Natural Rights, And The Origins Of American Religious Liberty, Steven J. Heyman May 2018

The Light Of Nature: John Locke, Natural Rights, And The Origins Of American Religious Liberty, Steven J. Heyman

Steven J. Heyman

No abstract provided.

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Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito May 2018

Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito

Natsu Taylor Saito

The primacy accorded individual civil and political rights is often touted as one of the United States' greatest achievements. However, mass incarcerations of indefinite duration have occurred consistently throughout U.S. history and have primarily targeted people of color. The dominant narrative insists that the United States is a political democracy and portrays each instance of indefinite detention in exceptionalist terms. This essay argues that the historical patterns of indefinite detention are better explained by recognizing the United States as a settler colonial state whose claimed prerogative to expand its territorial reach and contain/control populations over which it exercises jurisdiction inevitably …

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Market Urbanism, Michael Lewyn Apr 2018

Market Urbanism, Michael Lewyn

Michael E Lewyn

A speech comparing market urbanism and new urbanism.

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Book (Oup) Introduction And Overview: A Cosmopolitan Legal Order: Kant, Constitutional Justice, And The European Convention On Human Rights, Alec Stone Sweet Apr 2018

Book (Oup) Introduction And Overview: A Cosmopolitan Legal Order: Kant, Constitutional Justice, And The European Convention On Human Rights, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

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Theorizing American Freedom (Review Essay), Anthony O'Rourke Apr 2018

Theorizing American Freedom (Review Essay), Anthony O'Rourke

Anthony O'Rourke

This is a review essay of The Two Faces of American Freedom, by Aziz Rana. The book presents a new and provocative account of the relationship between ideas of freedom and the constitutional structure of American power. Through the nineteenth century, Rana argues, America’s constitutional structure was shaped by a racially exclusionary, yet economically robust, concept that he calls “settler freedom.” Drawing on the burgeoning interdisciplinary field of settler colonial studies, as well as on the vast historical literature on civic republicanism, Rana contends that the concept of settler freedom necessitated a constitutional framework that enabled rapid territorial expansion and …

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The Shellfish Corner: Shellfish Aquaculture In The Commons, Michael A. Rice Mar 2018

The Shellfish Corner: Shellfish Aquaculture In The Commons, Michael A. Rice

Michael A Rice

The major common denominator of shellfish aquaculture in coastal or estuarine waters worldwide is that most culture operations are conducted in common or public trust waters, necessitating constant interaction in the political arena with other competing interests. As a matter of practicality, the best systems for managing aquaculture lease policy in an equitable manner are on a local enough scale to facilitate stakeholder involvement, and to allow aquaculturists to organize into professional trade organizations so that the collective interest of the industry is heard in the process.

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Law’S Facilitating Role In The Field Of Social Enterprise., Evelyn Brody Mar 2018

Law’S Facilitating Role In The Field Of Social Enterprise., Evelyn Brody

Evelyn Brody

A Review of Dana Brakman Reiser and Steven A. Dean. Social Enterprise Law: Trust, Public Benefit, and Capital Markets. New York: Oxford University Press, 2017, 216 pp., $44.95 (hardback) ISBN 978-0-19-024978-6

To appreciate the contribution of Professors Dana Brakman Reiser and Steven A. Dean in their pathbreaking volume on social enterprise law, we must begin by recognizing what we are not discussing. As the authors declare: “social enterprises are not charities” (p. 165). By definition, social enterprises are businesses, and thus not subject to the nondistribution constraint so familiar to nonprofit scholars and practitioners. An impact investor seeks profit, perhaps …

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Taxing Under The Influence? : Corruption And U.S. State Beer Taxes, Per G. Fredriksson, Stephan Gohmann, Khawaja Mamun Mar 2018

Taxing Under The Influence? : Corruption And U.S. State Beer Taxes, Per G. Fredriksson, Stephan Gohmann, Khawaja Mamun

Per Fredriksson

This article examines the effect of state level corruption on state beer taxes in the United States. Our lobby group model predicts that corruption reduces the beer tax, but this effect is conditional on the level of alcohol-related vehicle deaths. Using a panel of state level data from 1982 to 2001, we find that increased corruption is associated with lower state beer tax rates. The magnitude of the effect, however, declines with increases in alcohol-related traffic deaths. Our findings suggest that future empirical work estimating the effect of alcohol taxes on alcohol-related traffic fatalities should treat alcohol taxes as endogenous.

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62. The Effects Of Implicit Encouragement And The Putative Confession On Children’S Memory Reports., Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon Mar 2018

62. The Effects Of Implicit Encouragement And The Putative Confession On Children’S Memory Reports., Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon

Thomas D. Lyon

The current study tested the effects of two interview techniques on children's report productivity and accuracy following exposure to suggestion: implicit encouragement (backchanneling, use of children's names) and the putative confession (telling children that a suspect "told me everything that happened and wants you to tell the truth"). One hundred and forty-three, 3-8-year-old children participated in a classroom event. One week later, they took part in a highly suggestive conversation about the event and then a mock forensic interview in which the two techniques were experimentally manipulated. Greater use of implicit encouragement led to increases, with age, in children's narrative …

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