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Presidential Whim
Get PDFThis article describes a new body of legal literature on the presidency. In contrast to older bodies of writing, which emphasize presidential independence, this body of writing emphasizes the dependence of the executive power, and a set of moral values associated with the office: faith, faithfulness, responsibility, honesty, due care, and professionalism, among others. The article considers prospects for enforcing this vision of the presidency in light of the particular problems posed by the Trump presidency. Many writers have complained of President Trump\u27s leadership style, which is abrupt, reflexive, dissembling, and unilateral. I refer to this as the problem of presidential whim. The best prospects for checking presidential whim and enforcing the vision of the presidency set out in the new legal literature is congressional regulation of delegated presidential power. For example, Congress could mandate by statute that the President engage in some form of interagency review before exercising powers delegated by statute. Congress could forbid the use of social media platforms like Twitter as a means of exercising statutory power. Statutory procedural requirements would then enable a more effective practice of judicial review of presidential action focused on procedural compliance. Courts could also develop a procedural version of non-delegation doctrine to restrict unstructured delegations of power to the President
Secrecy & Evasion in Police Surveillance Technology
Get PDFNew technologies are transforming the capabilities of law enforcement. Police agencies now have devices to track our cellphones and software to hack our networks. They have tools to sift the vast quantities of digital silt we leave behind on the Internet. They can deploy “big data” algorithms meant to predict where crimes will occur and who will commit them. They have even transformed the humble closed-circuit video camera—and its more recent companion, the body camera—into biometric tracking devices equipped with artificial intelligence meant to pick faces out of a crowd and, eventually, to mine gigabytes of stored footage to automatically reconstruct the movements of their targets.
These kinds of novel police technologies test the constitutional limits on surveillance and raise profound questions about privacy, personal freedom, and potential abuse. Yet the government shrouds them in secrecy. Even as new surveillance tools transform the relationship between people and the police, the public is often left in the dark about how police use these tools and the rules, if any, that govern them. What justifies this secrecy?
This Article examines the primary argument offered by law enforcement in the United States: that disclosure of police technologies would allow criminals to evade the law. Without secrecy, the argument goes, criminals could circumvent law enforcement’s tools, crime would go undetected, and society would suffer the consequences. I call this the anti-circumvention argument for secrecy. This Article is the first to examine it.
The Article contends that the anti-circumvention argument, as currently implemented in law, is producing far more secrecy than it can justify, and that it is doing so at the expense of democratic checks, public accountability, and perhaps law enforcement itself. The Article proposes specific reforms to circumscribe laws that currently authorize excessive secrecy in the name of preventing evasion. The Article also proposes structural changes to require police to publish information about novel technologies for public notice and comment, in order to allow meaningful democratic deliberation as we enter the age of digital policing
Progressive Punitivism: Notes on the Use of Punitive Social Control to Advance Social Justice Ends
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Centralization of the Academic Law Library: Is It Right for Your Institution?
Get PDFPublished in Academic Law Libraries Within the Changing Landscape of Legal Education: A Primer for Deans and Provosts, Michelle M. Wu, Scott B. Pagel & Joan S. Howland, eds.https://digitalcommons.law.buffalo.edu/book_sections/1389/thumbnail.jp
Fleshy Encounters: Meddling with Zoo and Aquarium Veterinarians
Get PDFThis article aims to make visible expert practices that take place behind closed doors and that are perceived as being of no concern to the public, who wouldn’t understand them anyway. The experts that this article is concerned with are medical practitioners of a particular kind: zoo and aquarium veterinarians. I utilize both text and multimedia presentations to allow the veterinarians I interviewed to directly explain their work to the reader, who may then experience this work, the space and environment where it is performed, and the tools with which it is conducted, on a more affective and sensorial plane. Quotes from the scholarly literature and from the interviews are intended to provide context and set the tone for the visual and auditory experiences, which are an inherent and important part of the article. My hope is that readers emerge from this inquiry knowing more about how veterinarians see, think, and operate in their professional encounters. The idea, more broadly, is that we ought to immerse ourselves, mess with, and meddle in each other’s professional lifeworlds in order to enrich and broaden our understandings of our currently much too self-, siloed-, and human-centric place on this planet
Citation Databases for Legal Scholarship
Get PDFTraditional citation sources, such as Web of Science, index limited numbers of law journals. Consequently, although not designed for generating scholarship citation metrics, many law scholarship citation studies use law-specific databases like Westlaw or LexisNexis to gather citations. This article compares citation metrics derived from Web of Science and Westlaw to metrics derived from Google Scholar and HeinOnline’s citation tools. The study finds that HeinOnline and Westlaw generate higher metrics than Web of Science, and Google Scholar generates higher metrics than both. However, metrics from all four sources are highly correlated, so rankings generated from any may be very similar
Jaekyung Lee and Namsook Kim, “Aliens” on College Campuses: Immigrant and International Students’ Educational Opportunities and Challenges
Get PDFWe would like to start with a pop quiz. What is one of the common background characteristics of the following people (in categories 1 and 2 each)? (1) Madeline Albright (Former US Secretary of State), Kamala Harris (US Senator, Vice President Candidate), Sergey Brin (Google Co-Founder) (2) Kofi Annan (Former UN Secretary-General, Nobel Peace Laureate), Juan Manuel Santos (Former President of Columbia, Nobel Peace Laureate), Robin Yanhong Li (Baidu Co-Founder
Laina Y. Bay-Cheng, No Choice But “Yes”: Strategic Consent to Unwanted Sex
Get PDFOne of the most widely-used comprehensive sex ed curricula in the U.S. is entitled, Making Proud Choices! Echoing this cheerleading (and imploring) sentiment is the sex ed program offered youth in Maryland’s juvenile justice and child welfare systems, Power Through Choices, which includes the lesson, Creating the Future You Want