Law Commons^™

Becoming Dacamented: Assessing The Short-Term Benefits Of Deferred Action For Childhood Arrivals (Daca), Roberto G. Gonzales, Veronica Terriquez, Stephen Ruszczyk

Department of Sociology Faculty Scholarship and Creative Works

In response to political pressure, President Obama authorized the Deferred Action for Childhood Arrivals (DACA) program in 2012, giving qualified undocumented young people access to relief from deportation, renewable work permits, and temporary Social Security numbers. This policy opened up access to new jobs, higher earnings, driver’s licenses, health care, and banking. Using data from a national sample of DACA beneficiaries (N = 2,381), this article investigates variations in how undocumented young adults benefit from DACA. Our findings suggest that, at least in the short term, DACA has reduced some of the challenges that undocumented young adults must overcome …

Capital's Offense: Law's Entrenchment Of Inequality, Frank A. Pasquale

Faculty Scholarship

Reviewing Thomas Piketty, Capital in the Twenty-First Century (Harvard University Press, 2014)

Piketty’s Capital in the Twenty-First Century is a rare scholarly achievement. It weaves together description and prescription, facts and values, economics, politics, and history, with an assured and graceful touch. So clear is Piketty’s reasoning, and so compelling the enormous data apparatus he brings to bear, that few can doubt he has fundamentally altered our appreciation of the scope, duration, and intensity of inequality. This review explains Piketty’s analysis and its relevance to law and social theory, drawing lessons for the re-emerging field of political economy.

The university …

Interview On The Black Box Society, Lawrence Joseph, Frank A. Pasquale

Faculty Scholarship

Hidden algorithms drive decisions at major Silicon Valley and Wall Street firms. Thanks to automation, those firms can approve credit, rank websites, and make myriad other decisions instantaneously. But what are the costs of their methods? And what exactly are they doing with their digital profiles of us?

Leaks, whistleblowers, and legal disputes have shed new light on corporate surveillance and the automated judgments it enables. Self-serving and reckless behavior is surprisingly common, and easy to hide in code protected by legal and real secrecy. Even after billions of dollars of fines have been levied, underfunded regulators may have only …

Managing Democracy In Social Movement Organizations, Austin Choi-Fitzpatrick

School of Peace Studies: Faculty Scholarship

Leaders are crucial to social movement mobilization and maintenance. They often experience conflict between a value for inclusive engagement and a sense that they are moving efficiently toward their organizations' goals. This study draws on a multisite ethnography to suggest two mechanisms through which leaders may resolve this conflict: staging (manipulating organizational procedures) and scripting (using language to reinforce these procedures). Resolving tension in this way often leaves the leader in control of organizational processes and outcomes, and has the unintended effect of stifling the actual process of democratic participation. This study emphasizes the culturally embedded inertia of the democratic …

Pretrial Detention And The Right To Be Monitored, Samuel R. Wiseman

Scholarly Publications

Although detention for dangerousness has received far more attention in recent years, a significant number of non-dangerous but impecunious defendants are jailed to ensure their presence at trial due to continued, widespread reliance on a money bail system. This Essay develops two related claims. First, in the near term, electronic monitoring will present a superior alternative to money bail for addressing flight risk. In contrast to previous proposals for reducing pretrial detention rates, electronic monitoring has the potential to reduce both fugitive rates (by allowing the defendant to be easily located) and government expenditures (by reducing the number of defendants …

Hiv, Violence Against Women, And Criminal Law Interventions, Aziza Ahmed

Faculty Scholarship

The growing calls for the “securitization of body and property,”[ii] documented by Jonathan Simon in his book Governing Through Crime, illustrates a deep tension in our understanding of the role of criminal law as a tool for societal transformation.[iii] For some, including communities of color, the criminal legal system is a place where inequality flourishes;[iv] for others, including those feminists who have support criminal law interventions, it has become a tool to realize equality.[v] The Trafficking Victims Protection Act, reauthorized in 2013 as an amendment to the Violence Against Women Act (VAWA),[vi] relies heavily on the criminal law to obtain …

The Ontario Human Rights Code’S Distributive And Recognitional Functions In The Workplace, Claire Mummé

Law Publications

In her analysis of the purpose of the Ontario Human Rights Code, the author draws on Nancy Fraser’s distinction between the two main strategies that have been used to combat inequality. Strategies of redistribution, which prevailed among equality activists in the early twentieth century, see inequality as arising from unequal access to economic resources. Strategies of recognition, which have come into prominence more recently, see inequality as arising from sociocultural prejudices that deny equal recognition to disadvantaged groups. Although the Ontario Human Rights Code is often seen as focusing on recognitional issues, the author argues that through the market relationships …