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Associations in Prison
Full text linkIncarcerated people create, lead, and participate in a variety of associations in prison. These associations educate and advocate for members, serve the broader prison population, cultivate social bonds, and promote the individual growth that happens in relationship with others. The associations do so in the face of byzantine regulations that burden their formation, membership, and operations. These rules go unchecked because the constitutional right of association is under protected in prisons. The deferential Turner v. Safley test for rights violations in prison prizes ease of prison administration over rights protection. Thus, though the right of association is a fundamental constitutional right, in prison it does not enjoy the level of protection of a fundamental right.
This Article builds a conceptual framework of associations in prison. It provides a typology of the organizations that exist in prisons today. Most of these operate as they would on the outside, as part of civil society, which fills gaps in government provision. The Article also explores the kinds of effects the associations have on members, which are democracyenhancing in nature as well as communitarian and liberal. The Article then maps the types of limitations imposed on the groups by regulations and rules. By examining the unique challenges produced by and faced by these associations, the Article shows that broader associational jurisprudence can better protect fundamental aspects of associations by grappling with issues that arise in the unique context of incarceration
Search and Seizure Budgets
Full text linkThis Article proposes a new means of restraining police power: quantitative limits on the number of law enforcement intrusions—searches and seizures—that may occur over a given period of time. Like monetary constraints, search and seizure budgets would aim to curb abusive policing and improve democratic oversight. But unlike their monetary counterparts, budgets would be indexed directly to the specific police activities that most enable escalation and abuse. What is more, budgets are a tool that finds support, conceptually, in the American framing experience. The Fourth Amendment has long been understood to require procedural limits, such as probable cause, on specific police intrusions. But such requirements are only part of the story; limits on overall police capacity, we argue, are also hardwired into the Fourth Amendment via its founding era history. Search and seizure budgets would help reinvigorate that promise, offering an important tool in the ongoing effort to curb over-criminalization and the ever-expanding technologies of surveillance
“In The Public Interest”: University Technology Transfer and The Nine Points Document—An Empirical Assessment
Full text linkIn 2007, eleven major U.S. research universities and the Association of American Medical Colleges signed an accord titled In the Public Interest: Nine Points to Consider in Licensing University Technology. It outlined a range of issues that universities should consider when licensing their technology to the private sector—from reservations of rights and limitations on exclusivity to limiting dealings with patent assertion entities to making medical technologies accessible at affordable prices. More than talking points, the document proposed specific contractual clauses intended to promote the educational and public welfare missions of universities. Today, more than a hundred academic institutions and associations around the world have signed the Nine Points document. Yet in the fifteen years since the document was created, there has been no systematic, empirical assessment of its effect on university licensing practices. This Article fills that gap with the first empirical study of the impact of the Nine Points document on university licensing practices. Through a review of 220 publicly available university technology licenses signed both before and after the adoption of the Nine Points document, this Article finds that while the document prompted the expansion of educational and non-profit research using patented university technology, it resulted in few changes relating to the promotion of public health or access to medical technologies. This mixed adoption of the recommendations made by the Nine Points document suggests that there is little consensus regarding the nature of the ‘public interest’ that the Nine Points document sought to promote. This Article recommends that a reorientation of university technology transfer policy may be in order—one that could be facilitated through greater engagement of academic faculty, senior administrators, students, alumni, and other institutional stakeholders in setting policy for university technology transfer
Digitizing The Warranty of Habitability
Full text linkThe warranty of habitability was touted fifty years ago as a gamechanger in rebalancing power between tenants and landlords. Under the warranty, a residential tenant’s duty to pay rent is conditioned on a landlord’s obligation to make repairs. Scholars who have studied the warranty of habitability have focused on its defensive use, primarily when a tenant is already in eviction proceedings. Consensus has emerged that the warranty as a defensive shield has failed to deliver meaningful benefits to tenants living in poor housing conditions.
This Article explores whether an affirmative use of the warranty, coupled with a new technology and community organizing approach, can improve tenant outcomes. Specifically, the authors designed, built, and implemented a novel tool available for tenants to bring pro se actions for money damages in small claims courts for breaches of the warranty of habitability. The Warranty of Habitability Abatement of Rent Mathematical Calculator (“H.A.R.M. Calculator”) is an efficiency application that allows law students and attorney volunteers to assist tenants in preparing small claims court pleadings. Tenants then file their complaints and, when successful, obtain judgments for money damages against their current or former landlords.
This Article contributes to the poverty law, housing law, and legal technology literatures by focusing on the warranty of habitability in a new way. An affirmative, tenant-centered remedy has the possibility of shifting power dynamics between tenants and landlords. Through initial data collected, the authors have developed working hypotheses that the tool will test through future research
Retail Mergers, Markets, and the Rise of Amazon
Full text linkThe retail industry has endured a variety of changes throughout the last two decades. One major disruption in this industry has been the rise of internet retailers like Amazon that have pushed traditional brick-and-mortar retailers to either adapt in order to compete, or risk a slow and painful retail death. Antitrust law should take into account the realities of the retail industry and with whom large brick-and-mortar retailers are actually competing against. One avenue that antitrust law can use to take this reality into account is in its approach towards reviewing retail mergers. An important part of assessing whether a merger will have an anti-competitive effect on a specific geographic market involves determining which retailers are included in that geographic market to begin with. This Note argues federal courts and the Federal Trade Commission (FTC) should include Amazon as a competitor when assessing the geographic market for major brick-and-mortar retailers like Walmart, Target, Staples, and Best Buy. As of November 2021, federal courts have not had a chance to substantively consider whether Amazon should be included in the geographic market for large brick-and-mortar retail mergers. To the extent that courts have tangentially touched the issue, it appears courts have been hesitant to include internet retailers in the same geographic market as brick-and-mortar retailers. The FTC, on the other hand, has had a mixed response to Amazon and internet retailers. Inevitably, major brick-and-mortar retail mergers will occur, such as the recently attempted Staples/Office Depot merger, which will require consideration by the FTC and, in some cases, federal courts. When these mergers occur, Amazon should be considered a competitor when the merging retailers’ pricing and non-pricing conduct indicates that they consider Amazon a competitor
Gregory Shaffer
No full textGregory Shaffer at the Annual Celebration of Books, March 27, 2023.https://scholarship.law.uci.edu/celebration_of_books_2022-2023_photos/1001/thumbnail.jp
Elizabeth Loftus
No full textElizabeth Loftus at the Second Annual Celebration of Books, April 21, 2011.https://scholarship.law.uci.edu/celebration_of_books_2011_photos/1002/thumbnail.jp
R. Anthony Reese
No full textR. Anthony Reese at the Third Annual Celebration of Books, April 5, 2012.https://scholarship.law.uci.edu/celebration_of_books_2012_photos/1003/thumbnail.jp
Mobility Matters: Where Higher Education Meets Transportation
Full text linkHigher education has long been hailed as the key to social and economic mobility. And yet, mobility itself is one of the greatest barriers to equity in higher education. Although scholars and policymakers have thus far paid scant attention to the role of transportation in higher education, this Article establishes why that oversight undermines educational equity.
Grounding its arguments in both interdisciplinary literature and rich original data from a multi-year mixed-methods research study, this Article demonstrates how transportation law and infrastructure affect college completion, disproportionately hindering completion for students of color. It further argues that higher education law and policy exacerbate, rather than alleviate, systemic transportation barriers for students, reinforcing education inequities.
This Article adds important dimensions to scholarship on both transportation and higher education. By focusing on the interaction between two structural systems, it offers a unique lens through which scholars can understand the complex landscape of higher education law. Finally, this Article offers education policymakers a range of policy and programmatic changes affecting transportation that can advance higher education equity