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Criminal Justic Reform and Guns: The Irresistible Movement Meets the Immovable Object
Get PDFThe number of people incarcerated for federal firearm convictions has increased ten-fold in the past 30 years. One of the biggest sources of the increase is a Department of Justice initiative known as “Operation Triggerlock” in which people who are arrested by state and local police for gun possession are prosecuted in federal court for the express purpose of imposing more severe prison sentences. The people prosecuted are overwhelmingly people of color. Both Republican and Democratic politicians have supported the prosecutions: the former as part of an overall law and order agenda and as a way to forestall broader gun control legislation, and the latter as part of a larger effort to regulate guns and to protect against criticism from the right about lack of enforcement of the laws already on the books. This Article examines the history of the prosecutions, including the policy reasons for them and the research on their impact on crime which shows that the prosecutions have little to no impact. The Article then reviews the various criticisms of the prosecutions, including stark racial disparity, contribution to mass incarceration, harm to principles of federalism, diminished civil liberties, and lack of effectiveness. It argues that the uncertain benefits to public safety do not outweigh the known damage to fairness and equality in the criminal justice system. Lastly, the Article considers the prospects for reform in light of bipartisan support for criminal justice reform generally and concludes that while minor reforms may come from Congress and the Judiciary, any significant change is unlikely without a shift in charging policy from the Department of Justice
Suing the NRA for Damages
Get PDFA solution is needed for the gun violence epidemic, where approximately 15,000 innocent persons are shot to death each year.[1] Close analysis reveals that meaningful legislative solutions have failed to move forward.[2] The reason for this failure is the National Rifle Association’s (NRA) stranglehold on federal and state legislators.[3] This Article explores a nonlegislative solution—a tort suit aimed at obtaining compensation for the shooting victims and returning the NRA to its original purpose.[4] It will examine actions by the NRA and consider the NRA’s foundational defenses: failure to engage in any “imminent lawless action,” the First Amendment, the Second Amendment, and proximate cause. It will also consider the five tort causes of action: (1) aiding and abetting, (2) civil conspiracy, (3) strict liability, (4) the intentional infliction of emotional distress, and (5) negligence
Faithless or Faithful Electors? An Analogy to Disobedient but Conscientious Jurors
Get PDFDo delegates to the Electoral College have any discretion in how they vote for President or Vice President? Two pending cases call upon the Supreme Court to answer this question. This Essay draws a comparison between disobedient jurors and so-called “faithless” electors. Both jurors and electors make a pledge to follow their instructions. However, we do not punish jurors who violate their oaths in order to discharge their duty as they see fit. We do not even call them “faithless.” We call them conscientious. This Essay explores whether electors are another example of government actors who are bound by an oath of office and yet sometimes free to break their pledge. I conclude that there is one circumstance where it takes a faithless elector to keep faith with democracy. This circumstance is when the loser of the national vote is about to become president through the Electoral College
Regulation and Innovative Finance for Sustainable Energy
Get PDFAchieving greater renewable energy usage, energy efficiency, and energy security are practically universal goals today. This Article introduces business models to illustrate the roles of multiple actors in a decentralized smart grid system. It identifies interactions between the various players, the tools they will manage, the added value in using the functionalities of such a system, and ways to maximize profits for those involved. The Article also examines the United Kingdom (UK) as a case study. It explores where the UK stands in terms of introducing tools and technologies for decentralization, including electric vehicles, smart grids, and demand response mechanisms. It also examines regulation in the UK to assess how conducive it is for decentralized energy. In addition, the Article identifies specific concerns related to data protection stemming from smart metering and analyses relevant regulation in this regard
Panel I: Creating Change: Advances in State and Local Election Law Approaches
No full textPANEL I : CREATING CHANGE: ADVANCES IN STATE AND LOCAL ELECTION LAW APPROACHES
Deborah Dinner, Associate Professor, Emory University School of Law; Faculty Advisor, Emory Law Journal (Moderator)
Richard Briffault, Joseph P. Chamberlain Professor of Litigation, Columbia Law SchoolBryan L. Sells, Attorney, The Law Office of Bryan L. Sells, LLCAbby K. Wood, Associate Professor of Law, Political Science and Public Policy, USC Gould School of La
Fracking in a World with Fiduciary Duties: A Suggestion for the Future
Get PDFBig businesses are regulated by a variety of sources. Depending on the industry, influencers and regulators range from local municipalities to agencies of the federal government. This Comment seeks to analyze the In re Clovis Oncology, Inc. decision, and the clear message the majority opinion sends to directors and agents of corporations: one’s fiduciary duties are indispensable obligations, irrespective of the occupational field at issue. By applying the Clovis principles to fracking companies, this Comment will encourage proactive, dynamic, and bold directors to change their reporting requirements before a shift in societal interests and concerns could expose them to liability
