Law Commons^™

Teaching Democracy Through Practice: Collaborative Governance On Campus, Lisa Blomgren Amsler, Elise Boruvka

Journal of Dispute Resolution

No abstract provided.

State Legislative Update, Ryan Blansett, Ashlyn Calhoun, Catherine Picht, Grant Simon

Journal of Dispute Resolution

No abstract provided.

Disclosing Prosecutorial Misconduct, Jason Kreag

Vanderbilt Law Review

Prosecutorial misconduct in the form of Brady violations continues to plague the criminal justice system. Brady misconduct represents a fundamental breakdown in the adversarial process, denying defendants a fair trial and undermining the legitimacy of the criminal justice system. Commentators have responded by proposing a range of reforms to increase Brady compliance. Yet these reforms largely ignore the need to remedy the harms from past Brady violations. Furthermore, these proposals focus almost entirely on the harms defendants face from prosecutors'Brady misconduct, ignoring the harms victims, jurors, witnesses, and others endure because of Brady misconduct. This Article proposes a new remedy …

Where The Sidewalk Ends: The Governance Of Waterfront Toronto's Sidewalk Labs Deal, Alexandra Flynn, Mariana Valverde

All Faculty Publications

In May 2020 Sidewalk Labs, the Google-affiliated ‘urban innovation’ company, announced that it was abandoning its ambition to build a ‘smart city’ on Toronto’s waterfront and thus ending its three-year relationship with Waterfront Toronto. This is thus a good time to look back and examine the whole process, with a view to drawing lessons both for the future of Canadian smart city projects and the future of public sector agencies with appointed boards. This article leaves to one side the gadgets and sensors that drew much attention to the proposed project, and instead focuses on the governance aspects, especially the …

Wealth-Based Penal Disenfranchisement, Beth A. Colgan

Vanderbilt Law Review

This Article offers the first comprehensive examination of the way in which the inability to pay economic sanctions-fines, fees, surcharges, and restitution-may prevent people of limited means from voting. The Supreme Court has upheld the constitutionality of penal disenfranchisement upon conviction, and all but two states revoke the right to vote for at least some offenses. The remaining jurisdictions allow for reenfranchisement for most or all offenses under certain conditions. One often overlooked condition is payment of economic sanctions regardless of whether the would-be voter has the ability to pay before an election registration deadline. The scope of wealth-based penal …

Harm, Sex, And Consequences, India Thusi

Articles by Maurer Faculty

At a moment in history when this country incarcerates far too many people, criminal legal theory should set forth a framework for reexamining the current logic of the criminal legal system. This Article is the first to argue that “distributive consequentialism,” which centers the experiences of directly impacted communities, can address the harms of mass incarceration and mass criminalization. Distributive consequentialism is a framework for assessing whether criminalization is justified. It focuses on the outcomes of criminalization rather than relying on indeterminate moral judgments about blameworthiness, or “desert,” which are often infected by the judgers’ own implicit biases. Distributive consequentialism …

The Cultural Politics Of Dan Quayle And Mike Pence, Steve Sanders

Articles by Maurer Faculty

This essay was part of an Indiana Law Review symposium on the five U.S. vice presidents who have hailed from Indiana.

The Gallup polling organization classifies Indiana as a “pink” state, rather than a “red” state, meaning it leans Republican but is not solidly in the GOP column. Yet, if an image of Indiana persists in many people’s minds as a bastion of social conservatism and tradition, that image likely has been shaped in part by the two most recent vice presidents the Hoosier state has sent to Washington: Dan Quayle and Mike Pence.

In selecting their running mates, major …

Out Of Bounds: A Critical Race Theory Perspective On "Pay For Play", Kevin D. Brown, Antonio Williams

Articles by Maurer Faculty

Under the amateur/education model, the amount of funding that colleges and universities can provide to their student-athletes is limited to the athletes' cost of attending their institution. This model makes sense for most college sports, but National Collegiate Athletic Association ("NCAA") Division I Football Bowl Subdivision and Division I men's basketball tend to generate almost all the revenue to fund their institution's entire athletic programs-as well as a substantial percentage of the revenues received by the NCAA. Furthermore is the realization that a majority of the elite athletes in these two revenue-generating sports are black. As revenues generated by these …

"Gatekeepers" Are Vital Participants In Anti-Money-Laundering Laws And Enforcement Regimes As Permission-Less Blockchain-Based Transactions Pose Challenges To Current Means To "Follow The Money", Sarah Jane Hughes

Articles by Maurer Faculty

Two phenomena dominate reports about blockchain-based transactions—that they will disrupt and displace legacy banking, securities, and trade intermediaries, and that they present new or greater opportunities for hiding proceeds of crimes or corruption. This essay does not deal with the former topic. Rather, the organizers of the symposium at George Mason University’s Antonin Scalia School of Law asks me to consider the latter question. It proved to be a tough assignment.

This essay looks at the separate questions of (1) the degree to which permission-less blockchain transactions will disrupt current anti-money laundering (AML) regimes and enforcement efforts, and (2) what …

The Persecution Of Stones: War Crimes, Law's Autonomy And The Co-Optation Of Cultural Heritage, Timothy W. Waters

Articles by Maurer Faculty

In 1567, a bridge was built over a river in Bosnia-a bridge widely seen as a work of great beauty. In 1993, it was destroyed in a war. What did its destruction mean? Was it a crime-and which one? An assault on culture-and whose? Between 2004 and 2017, a trial held in The Hague sought to answer these questions. The way it did-the assumptions and categories the prosecutors and judges deployed, the choices they made-tells us something important about how law operates and how it appropriates other bodies of knowledge, whether in a now-obscure Balkan conflict or on the battlefields …

States Should Conform To Gilti, Part 3: Elevator Pitch And Q & A, David Gamage, Darien Shanske

Articles by Maurer Faculty

This essay argues that the states should conform to the post-2017 federal tax law's provision for Global Intangible Low-Taxed Income (or “GILTI”). This essay is directed at state legislators and their staffs and presents the argument as succinctly as possible.

Our argument can be summarized in three sentences. First, states should conform to GILTI because there is significant evidence that profit shifting is substantially eroding their corporate tax bases. Second, GILTI is a tool for identifying shifted profits. Third, there are many legally and analytically sound ways to apportion GILTI income to a state.

We also - briefly - counter …

Brown At 65: How Does The Changing Racial And Ethnic Ancestry Of Blacks Impact The Interpretation Of School Desegregation, Kevin D. Brown

Articles by Maurer Faculty

INTRODUCTION ...............................................................................................2

I.RISE AND FALL OF SCHOOL DESEGREGATION.........................................7

A.The Rise of School Desegregation ............................................................... 7

B.The Fall of School Desegregation................................................................ 11

II. CHANGING RACIAL ANCESTRY OF BLACKS IN THE UNITED STATES AND WHY IT MATTERS IN TERMS OF SCHOOL DESEGREGATION...................16

A. Increases in Interracial Marriage Rates ...................................................... 18

B. Demise of the One-Drop Rule and the Recognition of Black Multiracials .. 21

C. Impact of Increasing Numbers of Black Multiracials ................................... 24

III. CHANGING ETHNIC ANCESTRY OF BLACKS ........................................ 28

CONCLUSION: IMPACT OF THE CHANGING RACIAL AND ETHNIC ANCESTRY OF BLACKS ON HOW TO THINK ABOUT SCHOOL DESEGREGATION ..........31

Drug-Induced Homicide: Challenges And Strategies In Criminal Defense, Valena Beety, Alex D. Kreit, Anne Boustead, Jeremiah Goulka, Leo Beletsky

Articles by Maurer Faculty

Nearing the end of its second decade, the crisis of fatal opioid-involved overdoses in the United States has gone from bad to worse. In 2017, approximately 72,000 people died of a drug overdose in the United States. Overdose is now the leading cause of death for people under fifty. There is broad agreement that reducing opioid overdose deaths requires wider distribution of the opioid antidote naloxone, rapid scale-up in evidence-based treatment, and reducing the stigma associated with substance use and addiction. However, progress on these and other vital public health interventions remains abysmally slow. Meanwhile, there is a new and …

Animus And Its Alternatives: Constitutional Principle And Judicial Prudence, Daniel O. Conkle

Articles by Maurer Faculty

In a series of cases addressing sexual orientation and other issues, the Supreme Court has ruled that animus-based lawmaking is constitutionally impermissible. The Court treats animus as an independent and sufficient basis for invalidation. Moreover, it appears to regard animus as a doctrine of first resort, to be utilized even when an alternative constitutional rationale, such as declaring a challenged classification suspect or quasi-suspect, would readily justify the same result. Responding especially to Professor William D. Araiza’s elaboration and defense of the Court’s animus doctrine, I agree that this doctrine is sound, indeed compelling, as a matter of constitutional principle. …

Judicial Ethics: A New Paradigm For A New Era, Charles G. Geyh

Articles by Maurer Faculty

As the preamble to the Model Code of Judicial Conduct indicates, traditional notions of judicial ethics operate within a rule of law paradigm, which posits that the "three I's" of judicial ethics-independence, impartiality, and integrity-enable judges to uphold the law. In recent decades, however, social science, public opinion, and political commentary suggest that appointed judges abuse their independence by disregarding the law and issuing rulings in accord with their biases and other extralegal impulses, while elected judges disregard the law and issue rulings popular with voters, all of which calls the future of the three I's and judicial ethics itself …

David Williams Ii, In Memoriam 1948-2019, Nicholas S. Zeppos

Vanderbilt Law Review

On February 15, 2019, hundreds of people gathered at the Temple Church in Nashville to celebrate the life and impact of David Williams II. As remembrances were spoken from the pulpit, and as tearful exchanges occurred between friends in the crowd, it was clear that people, communities, institutions, and lives were forever molded by this man—this fearless leader who left us unexpectedly.

In remembering my dear friend David, it is impossible not to think big. Words like “leader,” “trailblazer,” and “revolutionary” may seem diffuse on their own, but they are clear in their description of a man who always thought …

Confronting The Sexual Assault Of Teenage Girls: The Mistake Of Age Defence In Canadian Sexual Assault Law, Isabel Grant, Janine Benedet

All Faculty Publications

Teenage girls experience high rates of sexual assault. The Criminal Code permits the Crown to substitute proof of young age for proof of non-consent for sexual assault and related offences applicable to young complainants. This paper focuses on the defence of mistaken belief in age. It provides a defence where the accused honestly believed that the complainant was at or above the age of consent and where the accused took all reasonable steps to ascertain her age. A review of the cases considering the defence indicates that it is often applied incorrectly, where the accused does not have any belief …

Decentralizing Legislation In China’S Law On Legislation Amendment, Wei Cui, Jiang Wan

All Faculty Publications

We present a novel account of China’s recent move to decentralize legislation through amending the Law on Legislation (LL). Conventional wisdom pervading both Chinese political discourse and social scientific scholarship on China portrays law as incompatible with experimentation and as only suitable for codifying policies adopted after experimentation. Moreover, the value of legislatures is viewed as lying in their independence from the executive branch. We highlight rationales offered by the Chinese Communist Party for the LL amendment that repudiate these assumptions: the Party proclaimed the intention to promote lawmaking as a central instrument of policy experimentation; moreover, the Party’s intervention …

Hallows Lecture: Ambition And Aspiration: Living Greatly In The Law, Lee H. Rosenthal

Marquette Law Review

none

Masthead

UC Law Journal of Race and Economic Justice

No abstract provided.

“Helpfulness” Is A Two-Way Street: How The Commonwealth Of Virginia Can Support Undocumented Survivors Of Domestic Violence, J. Nicole Alanko

UC Law Journal of Race and Economic Justice

No abstract provided.

Revising Society Must Be Defended By Michel Foucault, Sam Holder

UC Law Journal of Race and Economic Justice

No abstract provided.

“They Trespass Her Body Like They Trespass This Land” Civil And Criminal Jurisdictional Issues Involving Assaults On Tribal Lands By Non-Indians, Katie P. Gross

UC Law Journal of Race and Economic Justice

No abstract provided.

The Birth Of A Nation: A Study Of Slavery In Seventeenth-Century Virginia, Randolph M. Mclaughlin

UC Law Journal of Race and Economic Justice

No abstract provided.

Facebook Nudes And Constitutional Feuds: How One State's Law Threatens The First Amendment, Bryan M. Kelly

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Influencing The Ftc To Update Disclosure Rules For The Social Media Era, Elizabeth A. Casale

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

The Pets Act And Beyond: A Critical Examination Of The Pets Act And What The Future Of Disaster Planning And Response For Animals Should Be, Erica Lavoy

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Mentally Ill, Or Mentally Ill And Dangerous?: Rethinking Civil Commitments In Minnesota, Eliot T. Tracz

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Bad Foundation: Washington's Lack Of Homeowner Rights, Brendan Williams

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Surviving The “Pretext” Stage Of Mcdonnell Douglas: Should Employment Discrimination And Retaliation Plaintiffs Prove “Motivating Factors” Or But-For Causation?, Alexandra Zabinski

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.