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Category Archives: Legal Research

American Criminal Record Exceptionalism

Lapp, Kevin, American Criminal Record Exceptionalism (September 1, 2015). Ohio State Journal of Criminal Law, Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2654382

“In recent decades, criminal records have proliferated and come to be more consequential than ever. James B. Jacobs’s new book, THE ETERNAL CRIMINAL RECORD (2015), documents their broad scope, wide availability, and the long, devastating shadow that criminal records cast. In this Review, I organize the material in this challenging book into three different claims about American criminal record policy: that in the United States, criminal records are exceptionally public, exceptionally punitive, and exceptionally permanent. I explain how this results in an inexpensive means of sorting and inflicting punishment by devolving a great portion of the work to private actors and the general public. It also presents a public policy conundrum for American criminal justice: the more information we collect and share about suspected criminals and actual offenders, the easier it is to identify and discriminate against those marked individuals. This, it turns out, increases recidivism, therefore undermining the public safety goal at the heart of comprehensive, accessible criminal records. To counter this perverse outcome, I marshal evidence and optimism for reforms that Jacobs considers either unattainable or unwarranted, including the possibility of juvenile justice policy serving as a blueprint for a more redemptive criminal record policy for all.”

Dietary Supplements Are Not All Safe and Not All Food

Sax, Joanna, Dietary Supplements Are Not All Safe and Not All Food: How the Low Cost of Dietary Supplements Preys on the Consumer (September 1, 2015). American Journal of Law and Medicine, Vol. 41, No. 2&3, 2015. Available for download at SSRN: http://ssrn.com/abstract=2654494 “Dietary supplements are regulated as food, even though the safety and efficacyContinue Reading

Justice Department Announces Enhanced Policy for Use of Cell-Site Simulators

“The Justice Department today announced a new policy for its use of cell-site simulators that will enhance transparency and accountability, improve training and supervision, establish a higher and more consistent legal standard and increase privacy protections in relation to law enforcement’s use of this critical technology. The policy, which goes into effect immediately and appliesContinue Reading

USA Trade Online transitioning to free access

Census News Release: “On October 15, 2015, USA Trade Online (UTO) will be free to all users. In order to transition to this change, starting September 1, 2015, we will be transitioning into the new FREE system. Highlighted [here] are steps explaining how you will be affected depending on what type of UTO account youContinue Reading

Amtrak IG – Progress Made Implementing Positive Train Control, but Significant Challenges Remain

Amtrak IG Audit – Safety and Security – Progress Made Implementing Positive Train Control, but Significant Challenges Remain, 06/19/2015. OIG-A-2015-013 “The tragic derailment of Amtrak Train 188 in Philadelphia on May 12, 2015, continues to raise many questions, ranging from causation to safety systems that could have mitigated the excessive speed. In view of theContinue Reading

International Journal of Central Banking September 2015

Volume 11, Supplement 1 September 2015 International Journal of Central Banking – Special Supplemental Issue: Reflections on 25 Years of Inflation Targeting Opening Remarks Graeme Wheeler Day One Keynote Address: Forward Guidance Lars E.O. Svensson Trend Inflation in Advanced Economies Christine Garnier, Elmar Mertens, and Edward Nelson Inflation Targeting and Economic Reforms in New ZealandContinue Reading

Research Handbook on the Economics of Insurance Law: Introduction

Schwarcz, Daniel and Siegelman, Peter, Research Handbook on the Economics of Insurance Law: Introduction (August 21, 2015). Forthcoming in Research Handbook in the Economics of Insurance Law (Edw. Elgar: 2015). Available for download at SSRN: http://ssrn.com/abstract=2649078 “This introduction summarizes the overall scope of the Handbook and provides brief synopses of the 14 contributions.”

EFF amicus brief in SCOTUS case on seizure of historical cell site records from a cell phone provider

EFF – “Americans have the right to expect that digital records of their daily travels—when they left home, where they went, and how long they stayed—is private information, the Electronic Frontier Foundation (EFF) said in an amicus brief filed with the Supreme Court of the United States. Weighing in on one of the most importantContinue Reading

Bitcoin and the Uniform Commercial Code

Schroeder, Jeanne L., Bitcoin and the Uniform Commercial Code (August 22, 2015). Available for download at SSRN: http://ssrn.com/abstract=2649441 or http://dx.doi.org/10.2139/ssrn.2649441 “Much of the discussion of bitcoin in the popular press has concentrated on its status as a currency. Putting aside a vocal minority of radical libertarians and anarchists, however, many bitcoin enthusiasts are concentrating onContinue Reading

Injunction against metadata collection reversed by U.S. Court of Appeals for D.C. Circuit

EFF – “The U.S. Court of Appeals for the D.C. Circuit’s opinion [August 28, 2015] in Klayman v. Obama is highly disappointing and, worse, based on a mistaken concern about the underlying facts. The court said that since the plaintiffs’ phone service was provided by one subsidiary of Verizon—Verizon Wireless—rather than another—Verizon Business—they couldn’t prove that theyContinue Reading

Fair Use Under Copyright Law: Fair Use Books, Websites and Database Search Results

Via Reference Librarian David Dillard, Temple University: “I have a new Fair Use under Copyright Law Research guide that provides books with links to related content, websites, database search results for this topic as well as database search results for guides in fair use and a list of databases with fair use content and theContinue Reading

Addressing Agency Costs Through Private Litigation in the U.S.

Cox, James D. and Thomas, Randall S., Addressing Agency Costs Through Private Litigation in the U.S: Tensions, Disappointments, and Substitutes (August 26, 2015). Vanderbilt Law and Economics Research Paper No. 15-20. Available for download at SSRN: http://ssrn.com/abstract=2651863 “Many scholars argue that over the past seventy years, shareholder representative litigation has acted as an important policingContinue Reading