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Trust in Immigration Enforcement: State Noncooperation and Sanctuary Cities after Secure Communities
Get PDFThe conventional wisdom, backed by legitimacy research, is that majority of people obey most of the laws, most of the time. This turns out to not be the case in a study of state and local participation in immigration law enforcement. In the five years following initiation of the Secure Communities program, through which the federal government requests that local law enforcement agencies hold immigrants beyond their scheduled release upon suspicion that they are removable, a significant and growing number of states and localities have declined to cooperate with federal immigration detainer requests—ultimately leading to the demise of the Secure Communities program and revitalizing a debate about Sanctuary Cities and the terms of federal-state partnerships in immigration enforcement. This article finds that state and local non-cooperation is influenced by attitudes toward the legitimacy of executive action, distinct from attitudes toward the law’s legality, morality, or politics
Causation: Linguistic, Philosophical, Legal and Economic
Get PDFCausation plays an essential role in attributions of legal responsibility. How-ever, considerable confusion has been generated in philosophy, law and economics by the use of causal language to refer not merely to causation in its basic (actual/factual/natural) sense, which refers to the operation of the laws of nature, but also to the quite different normative issue of appropriate legal responsibility. To reduce such confusion, we argue that causal language in these disciplines should be used to refer solely to causation in its basic sense. While it is often said that the law need not and should not concern itself with philosophical analyses of causation, we demonstrate that this is incorrect with respect to causation in its basic sense. After surveying the philosophical foundations of the modern analyses of causa-tion, we discuss the inadequacy of the counterfactual strong necessity (sine qua non, but for) criterion for a condition to be a cause in a specific instance, which is dominant in modern philosophy, law and economics. We argue instead for the need to employ the more comprehensive, factual, weak necessity/strong suffi-ciency criterion, which is based on the “covering law” account elaborated by John Stuart Mill and has been developed in the modern legal literature as the “NESS” (necessary element of a sufficient set) criterion. We discuss the importance of un-derstanding the required standards of persuasion for proving causation (or any other required fact) as generally requiring a warranted belief rather than a mere statistical probability. We note the confusion and paradoxes that result from some courts’ employing the statistical probability interpretation of the standards of per-suasion in certain situations involving inherent uncertainty regarding causation, rather than acknowledging the inherent uncertainty and explicitly addressing the normative responsibility issue. Finally, we criticize the efficiency theorists’ attempt to explain the causation requirement for legal responsibility, despite causation’s being irrelevant under their theories
Navigating the Legal Landscape of a Subversive Art Form: Protecting Expression and Neglecting Embodiment
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With Enough Eyeballs All Searches Are Diligent: Mobilizing the Crowd in Copyright Clearance for Mass Digitization
Get PDFDigitization of 20th Century cultural heritage is severely restricted due to the real or potential subsistence of copyright and related rights. Under the laws on orphan works introduced in many countries, items whose copyright status is uncertain may possibly be lawfully digitized, on condition that a “diligent search” of the copyright owners has been performed. However, carrying out diligent searches on large collections is a lengthy and expensive process, which may discourage institutional users from embarking on large-scale digitization. While the problem of performing diligent searches has been so far approached in a “centralized” manner by individual institutions, the article suggests a de-centralized approach based on crowdsourcing certain phases of the diligent search process. The proposed solution may alleviate the problem of the high costs of diligent search, and may ultimately enable cultural heritage institutions to take full advantage of the orphan works legislation. Suitability of the crowdsourcing solution to the cultural heritage sector is discussed and challenges to implementation are identified
Keynote Address: Censorship in the Guise of Authorship: Harmonizing Copyright and the First Amendment
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Guide to AC029 - Records of the Illinois Technology Center
Get PDFRecords of the Illinois Technology Center, 1999-2005
Illinois Legal Aid Online (ILAO) was founded in March of 2001 as the Illinois Technology Center for Law and the Public Interest. Initial funding was provided by The Chicago Bar Foundation, the Lawyers Trust Fund of Illinois, and IIT Chicago-Kent College of Law.
The mission of the Tech Center was to successfully use technology in innovative ways to increase access to justice by streamlining the delivery of free and pro bono services to the poor, and to provide easy to understand legal information and assistance to the public. In July of 2001, the Tech Center launched three websites for each of the communities it served: lower-income Illinoisans seeking legal help (IllinoisLawHelp.org), legal services attorneys and staff members (IllinoisLegalAid.org), and pro bono attorneys and legal professionals (IllinoisProBono.org). Legal information on these three websites was contributed by members of the Illinois legal services community and managed by Tech Center staff. The websites featured training manuals, searchable directories of free legal services and lawyer referral programs, discussion forums for legal aid advocates, searchable databases of pro bono opportunities, and free access to online manuals and forms.
The Tech Center was created by twelve partner organizations as a statewide collaboration of Illinois legal services providers, funding entities, and private bar and law schools. The Tech Center was housed at Chicago-Kent College of Law, which provided space and technical resources to the organization, in addition to financial support, until 2005. In March 2005, the Tech Center was incorporated as an independent nonprofit, moved to a new location, and became known as Illinois Legal Aid Online.
Related collection(s): Records of the Center for Access to Justice & Technolog
Changing the Rules to Create Shared Prosperity - 11th Distinguished Labor Leader Lecture
Get PDFTefere Gebre, executive vice president of the AFL-CIO, delivered the 2016 Distinguished Labor Leader Lecture, Changing the Rules to Create Shared Prosperity, at Chicago-Kent College of Law on March 10. The Distinguished Labor Leader Lecture brings national labor and employment leaders to Chicago-Kent to discuss contemporary and emerging issues in the workplace. The lecture series is cosponsored by the Chicago Federation of Labor and the Institute for Law and the Workplace, and is presented as a public service.
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