News & Media http://www.law.uchicago.edu/feeds/newsandmedia.rss en Research Matters: A Look at the Latest in Faculty Scholarship http://www.law.uchicago.edu/news/research-matters-look-latest-faculty-scholarship <div class="field field-type-text field-field-news-author"> <div class="field-items"> <div class="field-item odd"> By Becky Beaupre Gillespie </div> </div> </div> <div class="field field-type-text field-field-news-publication"> <div class="field-items"> <div class="field-item odd"> Law School Communications </div> </div> </div> <div class="field field-type-date field-field-datepublished"> <div class="field-items"> <div class="field-item odd"> <span class="date-display-single">August 27, 2015</span> </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Offering fresh insights on issues ranging from police regulation to the moral and political views of Supreme Court justices to the difficult balance between national security and government transparency, the Law School’s online <a href="http://www.law.uchicago.edu/faculty/research?order=nid&amp;sort=desc">Research Matters series</a> has featured conversations with Law School professors talking about their latest work and the implications for law and society.</p> </div> </div> </div> <p>Offering fresh insights on issues ranging from police regulation to the moral and political views of Supreme Court justices to the difficult balance between national security and government transparency, the Law School’s online <a href="http://www.law.uchicago.edu/faculty/research?order=nid&amp;sort=desc">Research Matters series</a> has featured conversations with Law School professors talking about their latest work and the implications for law and society.</p> <p>Today, we highlight faculty scholarship by taking a look at the most recent Q&amp;As:</p> <ul> <li>In “<a href="http://www.law.uchicago.edu/node/27916">The Invention of Low-Value Speech</a><span>,” </span><strong>Assistant Professor </strong><a href="http://www.law.uchicago.edu/faculty/lakier"><strong>Genevieve Lakier</strong></a> challenges the claim that there have always been categories of “low-value speech” that are largely outside the scope of the First Amendment and draws on her own rigorous case-by-case examination of the doctrine’s evolution to argue that these value categories are a more modern invention.&nbsp; “In practice, the Court has never relied upon history to distinguish low-value speech from fully protected speech,” she said. “The Court’s new test limits the ability of future Courts to recognize novel categories of low-value speech, thus making it really difficult for the government to regulate speech in new ways.”</li> <li>In “<a href="http://www.law.uchicago.edu/node/27049">Political Powerlessness</a>,” <strong>Assistant Professor </strong><a href="http://www.law.uchicago.edu/faculty/stephanopoulos"><strong>Nicholas Stephanopoulos</strong></a> uses empirical analysis to examine the relative political power of different groups. “I was surprised by how stark the gaps were between some groups,” he said. “For gender, the gap between male and female power seems enormous at both the state and federal level. That’s a really robust result—the gap is huge. I knew women were descriptively underrepresented compared to men, but I didn’t know what to think about policy outcomes for women relative to those for men. It is bigger than the gap between blacks and whites, it is bigger than the gap between rich and poor.”</li> <li>In “<a href="http://www.law.uchicago.edu/node/26592">The Difficulties of Democratic Mercy</a>—originally delivered as a response to a Brennan Center Jorde Symposium lecture—<strong>Professor </strong><a href="http://www.law.uchicago.edu/faculty/huq"><strong>Aziz Huq</strong></a> argues that, despite constitutional opportunities for merciful discretion, true mercy in America’s criminal justice system is rare. “The president is chary in the use of his pardon powers, and the same is true for governors and clemency boards,” Huq said. “Juries, both at the grand jury and petit jury stage, have effectively been sidelined, largely as a consequence of the rise of professional prosecutors and the power the prosecutors exercise through plea bargaining. The counterintuitive suggestion I make is that democratic forces and institutions have played a large role in pressing back against the original constitutional seats for mercy.”</li> <li>In “<a href="http://www.law.uchicago.edu/node/25239">Agglomerama</a>,” <a href="http://www.law.uchicago.edu/faculty/fennell"><strong>Lee Fennell</strong></a><strong>, the Max Pam Professor of Law</strong>, examines how to achieve the benefits of proximity among firms and households while curbing the negative effects. “Putting together the right mix (of participants) can have these really good synergistic benefits, but putting together the wrong mix can dull or dampen the benefits or even create negative synergies,” Fennell explained. “The value of property these days is increasingly determined by what is nearby and not just by what is happening on the owner’s individual parcel. When the primary way that a piece of real estate generates value is through its interactions with neighboring pieces of real estate, it becomes essential to focus on how to manage those interactions.”&nbsp;</li> <li>In “<a href="http://www.law.uchicago.edu/node/26124">Don’t Ask, Must Tell—And Other Combinations</a>” <a href="http://www.law.uchicago.edu/faculty/strahilevitz"><strong>Lior Strahilevitz</strong></a><strong>,</strong> <strong>the Sidley Austin Professor of Law</strong>, and his co-author examine different combinations of social and legal rules regarding asking and telling—such as “Must Ask, Don’t Tell,” or “Don’t Ask, Must Tell”—and consider the commonalities, implications, and evolution of how these rules are applied. They look at a number of different areas, including disability law and real estate law. “I think we advance peoples’ understanding of why the law really doesn’t like certain kinds of questions, (and) why it doesn’t want certain kinds of information to be voluntarily disclosed,” he said.</li> <li>In “<a href="http://www.law.uchicago.edu/node/27793">Continuity in Secession: The Case of the Confederate Constitution</a>,” <a href="http://www.law.uchicago.edu/faculty/lacroix"><strong>Alison LaCroix,</strong></a><strong> the Robert Newton Reid Professor of Law</strong>, argues that early-19<sup>th</sup>-century Americans embraced a “Constitution-dominated mindset”—and that, partly as a result, the Confederates continued to follow many of the principles and institutions established by the founders, even as they were breaking away<em>.</em> “Ordinary people felt like they had access to the Constitution and used constitutional arguments, and the Confederate Constitution is the triumph of that spirit in a place we wouldn’t expect to see it,” she said. “But there was incredibly wide debate about what the Constitution meant or required. The position of the South, especially once the Civil War was imminent, was that southerners were the real inheritors of the original Constitution. And this is part of why the Confederacy adopted as much of the US Constitution as they did— it was to say, ‘We’re the true inheritors of 1789, not you who have deviated from the path.’”</li> <li>In “<a href="//www.law.uchicago.edu/node/28929">Second-Order Regulation of Law Enforcement</a>,” <strong>Assistant Professor</strong> <a href="http://www.law.uchicago.edu/faculty/rappaport"><strong>John Rappaport</strong></a> critiques the US Supreme Court’s standard approach to resolving constitutional cases involving the police, exploring how the Court might shape police conduct more effectively by directing its decisions to policymakers rather than street-level officers.<em> “</em>Courts can announce whatever rules they want, but getting cops to follow the rules consistently is a whole other ballgame,” he said. “People may take solace in the idea that having the Supreme Court make the rules means the justices are going to stand up for normal people’s rights—but that may be false comfort. I think we need to be open to the idea that sometimes the best way to get people to follow rules is to make them feel like they have some say in what the rules are, that they have some way to object to rules they believe are really unworkable or unfair, and that the rules are being written by people who know what they’re talking about and are invested in their locality and their well-being.”</li> <li>In “<a href="http://www.law.uchicago.edu/node/28429">Constitutional Law, Moral Judgment, and the Supreme Court as Super-Legislature</a>,” originally delivered as the 24<sup>th</sup> Mathew O. Tobriner Memorial Lecture in Constitutional Law, <a href="http://www.law.uchicago.edu/faculty/leiter"><strong>Brian Leiter</strong></a>, <strong>Karl N. Llewellyn Professor of Jurisprudence</strong>, argues that in the absence of actual law, the Supreme Court acts as a super-legislature—and that the American public has the right to know more about the justices’ moral and political views. “We’re supposed to be a democracy, and part of democratic decision making is that accurate information should be available to the electorate. Right now, the confirmation process is predicated on anti-democratic secrecy. The insiders know what is really going on, they know why the nominees were really picked—but the public doesn’t,” he said. “The public needs to realize that the Supreme Court performs a quasi-legislative function, that it is inevitable that they will do so, and that, therefore, the moral and political views of the justices are of enormous importance.”</li> <li>In <a href="http://www.law.uchicago.edu/node/25800">“[Dis-]informing the People’s Discretion: Judicial Deference Under the National Security Exemption of the Freedom of Information Act</a>,” <strong>Deputy Dean </strong><a href="http://www.law.uchicago.edu/faculty/ginsburg-t"><strong>Tom Ginsburg</strong></a><strong>, the Leo Spitz Professor of International Law</strong><em>,</em> and his co-author examine the balance between security and transparency<strong>. “</strong>We had noticed that when the government invokes the national security exemption of the FOIA, the plaintiff’s cases don’t seem to get anywhere. It’s part of the general trend since 9/11 where as soon as the government waves the national security flag everyone gets quiet,” he said. “Never before has government had such a capacity to gather information, and never before have we been more secure. Think about the Founding Fathers and the security situation they confronted–they were under attack from three sides. Think about the Cold War. Basically, we’re at a moment in history where our existential security has never been greater. I think the balance could shift in the direction of releasing information to the public without endangering the nation.”</li> </ul> <p>To read more work by Law School professors, visit the <a href="http://www.law.uchicago.edu/faculty/research">Faculty Research</a> section of the website or view the entire faculty’s work in <a href="http://chicagounbound.uchicago.edu/">Chicago Unbound</a>. For a full publications list of a given faculty member, please find him or her in our <a href="http://www.law.uchicago.edu/faculty">faculty directory</a> and click "Publications."</p> Fri, 28 Aug 2015 15:01:38 +0000 beckygillespie 29470 at http://www.law.uchicago.edu David Rubenstein, '73, To Receive 2015 Carnegie Medal of Philanthropy http://www.law.uchicago.edu/alumni/accoladesandachievements/david-rubenstein-73-receive-2015-carnegie-medal-philanthropy <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>The awards are given to individuals who embody the spirit of Andrew Carnegie by dedicating their private wealth to the public good.</p> </div> </div> </div> <div class="field field-type-text field-field-aa-source"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Original source:&nbsp;</div> <p><a href="http://www.washingtonpost.com/entertainment/museums/david-rubenstein-to-receive-2015-carnegie-medal-of-philanthropy/2015/08/24/7736f080-4a91-11e5-8ab4-c73967a143d3_story.html" title="http://www.washingtonpost.com/entertainment/museums/david-rubenstein-to-receive-2015-carnegie-medal-of-philanthropy/2015/08/24/7736f080-4a91-11e5-8ab4-c73967a143d3_story.html">http://www.washingtonpost.com/entertainment/museums/david-rubenstein-to-...</a></p> </div> </div> </div> <p>David M. Rubenstein will be honored with a 2015 Carnegie Medal of Philanthropy, the Carnegie Corporation of New York announced Tuesday. The awards are given to individuals who embody the spirit of Andrew Carnegie by dedicating their private wealth to the public good.</p> <p>Rubenstein, a co-founder and co-chief executive of&nbsp;<a title="www.washingtonpost.com" href="https://www.washingtonpost.com/lifestyle/style/david-rubenstein-co-founder-of-carlyle-group-and-washington-philanthropist/2012/05/14/gIQA7XcvPU_story.html">the Carlyle Group</a>, a Washington-based global private-equity firm, is one of eight recipients to be honored for his contributions to a variety of causes, including arts and culture, the environment, cancer research, and technology.</p> <p>“I view this award more as a call to action rather than an acknowledgment of things I’ve done,” Rubenstein said in an e-mail. “America has given me so much and I’m trying to return the favor.”</p> Thu, 27 Aug 2015 15:27:16 +0000 willcanderson 29462 at http://www.law.uchicago.edu Charging on the Margin http://www.law.uchicago.edu/faculty/research/paul-crane-charging-margin <div class="field field-type-text field-field-facultyresearch-photo"> <div class="field-items"> <div class="field-item odd"> http://www.law.uchicago.edu/files/imagecache/sidebar-image/image/crane-may2015.jpg </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Little attention has been paid to the impact collateral consequences have on prosecutorial incentives. This Article starts to remedy that gap by exploring the influence collateral consequences exert on initial charging decisions in low-level prosecutions.</p> </div> </div> </div> <div class="field field-type-nodereference field-field-facultyresearch-author"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Author:&nbsp;</div> Paul Crane </div> </div> </div> <p>The American criminal justice system has experienced a significant expansion in the number and severity of penalties triggered by misdemeanor convictions. In particular, legislatures have increasingly attached severe collateral consequences to misdemeanor offenses — penalties such as being required to register as a sex offender, prohibitions on owning or possessing a firearm, and deportation. While there is a wealth of scholarship studying the effect this development has had on defendants and their attorneys, little attention has been paid to the impact collateral consequences have on prosecutorial incentives. This Article starts to remedy that gap by exploring the influence collateral consequences exert on initial charging decisions in low-level prosecutions.</p> <p>Critically, the ability to impose certain collateral consequences through a misdemeanor conviction unlocks an array of additional charging options for prosecutors. As a result, prosecutors are now more likely to engage in a practice I term “strategic undercharging.” A prosecutor engages in strategic undercharging when she charges a lesser offense than she otherwise could, but does so for reasons that advance her own aims — and not as an act of prosecutorial grace or leniency. In other words, prosecutors can sometimes gain more by charging less. By explaining why (and when) prosecutors are likely to engage in strategic undercharging, this Article complicates the conventional wisdom that prosecutors reflexively file the most severe charges available.</p> <p>This Article also proposes that collateral consequences be factored into the determination of what procedural safeguards are afforded a criminal defendant. Under existing law, collateral consequences are generally deemed irrelevant to that inquiry; the degree of procedural protection provided in a given case turns exclusively on the threatened term of incarceration. Changing this approach could have several salutary effects on the administration of collateral consequences. At a minimum, it would honor a basic principle underlying our criminal justice system: the threat of serious penalties warrants serious procedures.</p> Thu, 27 Aug 2015 15:09:32 +0000 willcanderson 29461 at http://www.law.uchicago.edu Craig Futterman: Perspectives on Race, Communities, and Policing in Twenty-First Century America http://www.law.uchicago.edu/news/craig-futterman-perspectives-race-communities-and-policing-twenty-first-century-america <div class="field field-type-text field-field-news-title"> <div class="field-items"> <div class="field-item odd"> ABA Annual Meeting 2015: Perspectives on Race, Communities, and Policing in Twenty-First Century America </div> </div> </div> <div class="field field-type-text field-field-news-publication"> <div class="field-items"> <div class="field-item odd"> Legal Talk Network </div> </div> </div> <div class="field field-type-date field-field-datepublished"> <div class="field-items"> <div class="field-item odd"> <span class="date-display-single">August 20, 2015</span> </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>During the last year, public perception about police power has been called into question.</p> </div> </div> </div> <p>During the last year, public perception about police power has been called into question. On one side of the debate, some African American communities claim they’ve been singled out with abuses of power. On the other side, police departments feel they’ve been unfairly attacked while trying to protect their communities. With constant media coverage, it doesn’t appear that strong opposing opinions will subside anytime soon.</p> <p>In this episode of Special Reports, producer Laurence Colletti interviews Professor Tracey Meares from Yale Law School, Professor Craig Futterman from the University of Chicago Law School, and Director Sean Smoot from the Police Benevolent &amp; Protective Association of Illinois. Together they discuss decreased crime rates, public perceptions, and the importance of accountability. Tune in to learn more about top stressors for officers as well as the pros and cons with body cams.</p> <p><strong>Sean Smoot</strong>&nbsp;is the Director and Chief Counsel for the Police Benevolent &amp; Protective Association of Illinois as well as the Treasurer of the National Association of Police Organizations. For the last 20 years he’s represented police officers in various forms including legal representation and legislative advocacy. Recently, he represented law enforcement on the President’s Task Force on 21st Century Policing</p> <p><strong>Craig Futterman</strong>&nbsp;is a clinical law professor at the University of Chicago Law School where he directs a civil rights clinic that focus on issues like police accountability and criminal justice reform.</p> <p><strong>Tracey Meares</strong>&nbsp;is the Walton Hale Hamilton Professor of Law at Yale University where she teaches criminal law and criminal procedure. Her research focuses on building public trust between police and the public. Recently, she served on the President’s task force on 21st Century Policing.</p> <p><iframe width="100%" height="166" scrolling="no" frameborder="no" src="https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/220156538&amp;color=ff5500&amp;auto_play=false&amp;hide_related=false&amp;show_comments=true&amp;show_user=true&amp;show_reposts=false"></iframe></p> <div class="field field-type-text field-field-news-source-url"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Read more at:&nbsp;</div> <p><a href="http://legaltalknetwork.com/podcasts/special-reports/2015/08/aba-annual-meeting-2015-perspectives-race-communities-policing-twenty-first-century-america/" title="http://legaltalknetwork.com/podcasts/special-reports/2015/08/aba-annual-meeting-2015-perspectives-race-communities-policing-twenty-first-century-america/">http://legaltalknetwork.com/podcasts/special-reports/2015/08/aba-annual-...</a></p> </div> </div> </div> <div class="field field-type-nodereference field-field-faculty-news"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Faculty:&nbsp;</div> <a href="/faculty/futterman">Craig B. Futterman</a> </div> </div> </div> Wed, 26 Aug 2015 17:27:43 +0000 willcanderson 29446 at http://www.law.uchicago.edu Geoffrey Stone: Academic Freedom and the Meaning of Courage http://www.law.uchicago.edu/news/geoffrey-stone-academic-freedom-and-meaning-courage <div class="field field-type-text field-field-news-title"> <div class="field-items"> <div class="field-item odd"> Academic Freedom and the Meaning of Courage </div> </div> </div> <div class="field field-type-text field-field-news-author"> <div class="field-items"> <div class="field-item odd"> Geoffrey R. Stone </div> </div> </div> <div class="field field-type-text field-field-news-publication"> <div class="field-items"> <div class="field-item odd"> Huffington Post </div> </div> </div> <div class="field field-type-date field-field-datepublished"> <div class="field-items"> <div class="field-item odd"> <span class="date-display-single">August 25, 2015</span> </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Sometimes, it takes courage to stand up for academic freedom.</p> </div> </div> </div> <p>Sometimes, it takes courage to stand up for academic freedom.</p> <p>Three months ago I&nbsp;<a href="http://www.huffingtonpost.com/geoffrey-r-stone/academic-freedom-under-si_b_7481620.html" target="_hplink">posted an article addressing academic freedom issues that had arisen at Northwestern University.&nbsp;</a>In that piece, I related an incident involving Alice Dreger, William Peace, and an issue of the journal&nbsp;<em>Atrium</em>.</p> <p>As I then reported,&nbsp;<em>Atrium</em>&nbsp;is a journal published by Northwestern University's Medical Humanities and Bioethics Program. Each issue focuses on a different theme, and each contributor is expected to explore the theme "in different, thought-provoking ways." The Winter 2014 issue of&nbsp;<em>Atrium</em>, which was edited by Professor Alice Dreger, included a series of lively articles on the theme of "Bad Girls."</p> <p>One of the articles, written by William Peace, then the 2014 Jeannette K. Watson Distinguished Visiting Professor in the Humanities at Syracuse University, was titled "Head Nurses." In this essay, Peace, who is disabled, told the story of how 36 years earlier a young woman nurse, with whom he had grown close, provided oral sex to him during rehabilitation in order to address his deep concerns that, after a severe health problem left him paralyzed, he could no longer be sexually active.</p> <div class="field field-type-text field-field-news-source-url"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Read more at:&nbsp;</div> <p><a href="http://www.huffingtonpost.com/geoffrey-r-stone/academic-freedom-and-the_b_8039542.html" title="http://www.huffingtonpost.com/geoffrey-r-stone/academic-freedom-and-the_b_8039542.html">http://www.huffingtonpost.com/geoffrey-r-stone/academic-freedom-and-the_...</a></p> </div> </div> </div> <div class="field field-type-nodereference field-field-faculty-news"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Faculty:&nbsp;</div> <a href="/faculty/stone-g">Geoffrey R. Stone</a> </div> </div> </div> Tue, 25 Aug 2015 21:20:00 +0000 willcanderson 29411 at http://www.law.uchicago.edu Richard Epstein: The Truth About Campaign Finance Reform http://www.law.uchicago.edu/news/richard-epstein-truth-about-campaign-finance-reform <div class="field field-type-text field-field-news-title"> <div class="field-items"> <div class="field-item odd"> The Truth About Campaign Finance Reform </div> </div> </div> <div class="field field-type-text field-field-news-author"> <div class="field-items"> <div class="field-item odd"> Richard A. Epstein </div> </div> </div> <div class="field field-type-text field-field-news-publication"> <div class="field-items"> <div class="field-item odd"> Defining Ideas </div> </div> </div> <div class="field field-type-date field-field-datepublished"> <div class="field-items"> <div class="field-item odd"> <span class="date-display-single">August 24, 2015</span> </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>One regrettable feature of modern politics is that presidential campaigns now run for the better part of two years, which gives ample time for all sorts of crackpot ideas to make their way to center stage.</p> </div> </div> </div> <p>One regrettable feature of modern politics is that presidential campaigns now run for the better part of two years, which gives ample time for all sorts of crackpot ideas to make their way to center stage. It is a sign of the times that <a href="http://www.hoover.org/research/economics-lesson-bernie-sanders">Bernie Sanders</a> has made enormous headway on the Democratic side of the ledger, taking away attention from Hillary Clinton whose misguided <a href="http://www.hoover.org/research/hillary-clintons-upside-down-tax-reforms">reform agenda</a> has been overshadowed by the federal investigations and inquiries into her private email server when serving as Secretary of State. On the Republican side, a boorish know-nothing, Donald Trump, has surged to the lead, giving the mistaken impression that the conservative voters of this country are concerned with little more than&nbsp;<a href="http://thefederalist.com/2015/08/21/are-republicans-for-freedom-or-white-identity-politics/">“white identity politics.”</a></p> <p>But more curious still is the incipient <a href="http://www.latimes.com/local/politics/la-me-pol-larry-lessig-presidential-campaign-20150821-story.html">presidential campaign</a> of Harvard Law Professor Lawrence L. Lessig, who has taken it upon himself to become the hero of the common man…</p> <div class="field field-type-text field-field-news-source-url"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Read more at:&nbsp;</div> <p><a href="http://www.hoover.org/research/truth-about-campaign-finance-reform" title="http://www.hoover.org/research/truth-about-campaign-finance-reform">http://www.hoover.org/research/truth-about-campaign-finance-reform</a></p> </div> </div> </div> <div class="field field-type-nodereference field-field-faculty-news"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Faculty:&nbsp;</div> <a href="/faculty/epstein">Richard A. Epstein</a> </div> </div> </div> Tue, 25 Aug 2015 15:24:42 +0000 willcanderson 29398 at http://www.law.uchicago.edu Constitute Recognized as an 'Outstanding Source' for Comparing Constitutions http://www.law.uchicago.edu/news/constitute-recognized-outstanding-source-comparing-constitutions <div class="field field-type-text field-field-news-publication"> <div class="field-items"> <div class="field-item odd"> Law School Communications </div> </div> </div> <div class="field field-type-date field-field-datepublished"> <div class="field-items"> <div class="field-item odd"> <span class="date-display-single">August 25, 2015</span> </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Professor Tom Ginsburg’s collaborative research tool,&nbsp;<a href="https://www.constituteproject.org/">Constitute: “The World’s Constitutions to Read, Search, and Compare,”</a>&nbsp;has been named one of the&nbsp;<a href="http://www.ala.org/rusa/sections/mars/marspubs/marsbestfreewebsites/marsbestref2015">Best Free Reference Websites of 2015</a>&nbsp;by the American Library Association.</p> </div> </div> </div> <p>Professor Tom Ginsburg’s collaborative research tool, <a href="https://www.constituteproject.org/">Constitute: “The World’s Constitutions to Read, Search, and Compare,”</a> has been named one of the <a href="http://www.ala.org/rusa/sections/mars/marspubs/marsbestfreewebsites/marsbestref2015">Best Free Reference Websites of 2015</a> by the American Library Association. In their announcement they describe the site:</p> <blockquote><p>[T]his site provides constitutions in force as of September 2013 from most of the world's independent states. Constitutions are updated as they are amended. A user can browse using an alphabetical list, read in html, download in pdf, search by keyword or phrase, see where specific topics occur in each constitution, and select two to eight constitutions to compare side-by-side on a particular topic. The site has a clean, uncluttered design, with date of the constitution in effect and date of last amendment shown next to each country's name. It is appropriate for students, scholars, and anyone interested in this topic. Constitute is an outstanding source for learning about and comparing the constitutions of most countries of the world.</p> </blockquote> <p>Websites were judged on quality, depth, and usefulness of content; ease of use; and appropriate use of the web as a medium, among other criteria. <a href="http://www.ala.org/rusa/sections/mars/marspubs/marsbestfreewebsites/marsbestref2015">Read the ALA's full announcement</a>.</p> <div class="field field-type-nodereference field-field-faculty-news"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Faculty:&nbsp;</div> <a href="/faculty/ginsburg-t">Tom Ginsburg</a> </div> </div> </div> Tue, 25 Aug 2015 15:13:34 +0000 willcanderson 29397 at http://www.law.uchicago.edu Alissa Gardenswartz, '96, Appointed Colorado Deputy Attorney General for Consumer Protection http://www.law.uchicago.edu/alumni/accoladesandachievements/alissa-gardenswartz-96-appointed-colorado-deputy-attorney-general-co <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Alissa Gardenswartz steps into the position of Deputy Attorney General for Consumer Protection.</p> </div> </div> </div> <div class="field field-type-text field-field-aa-source"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Original source:&nbsp;</div> <p><a href="http://www.coloradoattorneygeneral.gov/press/news/2015/08/19/colorado_attorney_general_cynthia_h_coffman_announces_additional_senior_staff_" title="http://www.coloradoattorneygeneral.gov/press/news/2015/08/19/colorado_attorney_general_cynthia_h_coffman_announces_additional_senior_staff_">http://www.coloradoattorneygeneral.gov/press/news/2015/08/19/colorado_at...</a></p> </div> </div> </div> <p>Alissa Gardenswartz steps into the position of Deputy Attorney General for Consumer Protection.&nbsp; Gardenswartz joined the Colorado Attorney General’s Office in January 2007 as an Assistant Attorney General in the Consumer Fraud Unit. She worked a wide variety of antitrust cases, as well as consumer, mortgage, and charitable fraud cases. In 2012 she became a Senior Assistant Attorney General in the same Unit and, in 2014, was appointed the First Assistant Attorney General over the Antitrust, Tobacco, and Mortgage Fraud Unit.</p> <p>Gardenswartz earned her undergraduate degree at U.C.L.A in 1992 and her law degree from the University of Chicago in 1996. She spent four years working as an antitrust attorney at the Federal Trade Commission and then at the national law firm Clifford Chance in Washington D.C. before moving to Colorado in 2004 where she became a senior associate at Wheeler Trigg Kennedy LLP.</p> Tue, 25 Aug 2015 14:44:08 +0000 willcanderson 29396 at http://www.law.uchicago.edu Unquantified Benefits and Bayesian Cost-Benefit Analysis http://www.law.uchicago.edu/faculty/research/jonathan-masur-unquantified-benefits-and-bayesian-cost-benefit-analysis <div class="field field-type-text field-field-facultyresearch-photo"> <div class="field-items"> <div class="field-item odd"> http://www.law.uchicago.edu/files/image/Untitled-1.jpg </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>As the last act of its 2014-2015 Term, the Supreme Court struck down a major EPA regulation limiting mercury emissions from electrical power plants.</p> </div> </div> </div> <div class="field field-type-nodereference field-field-facultyresearch-author"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Author:&nbsp;</div> Jonathan Masur </div> <div class="field-item even"> <div class="field-label-inline"> Author:&nbsp;</div> Eric Posner </div> </div> </div> <p>As the last act of its 2014-2015 Term, the Supreme Court struck down a major EPA regulation limiting mercury emissions from electrical power plants. The formal legal reason was EPA’s failure to consider the costs of regulating mercury before deciding that it must be regulated. But the costs of the regulation — $9.6 billion — would not have attracted such attention if they had not seemed so disproportionate to the regulatory benefits. The only mercury-related benefits that EPA could measure and include in its analysis related to the possibility that mercury exposure would slightly reduce the IQ of the children born to women who consumed fish high in mercury while pregnant. Against $9.6 billion in costs, EPA calculated only $5 million in benefits — a ratio of 1,920 to 1. The imbalance in this ratio had a significant impact upon the court. As Justice Scalia wrote for the majority in Michigan v. EPA, “One would not say that it is even rational, never mind ‘appropriate,’ to impose billions of dollars in economic costs in return for a few dollars in health or environmental benefits.”</p> Mon, 24 Aug 2015 17:36:04 +0000 willcanderson 29386 at http://www.law.uchicago.edu Empathy and Masculinity in Harper Lee's to Kill a Mockingbird http://www.law.uchicago.edu/faculty/research/richard-h-mcadams-empathy-and-masculinity-harper-lees-kill-mockingbird <div class="field field-type-text field-field-facultyresearch-photo"> <div class="field-items"> <div class="field-item odd"> http://www.law.uchicago.edu/files/imagecache/sidebar-image/image/mcadams_richard.jpg </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Harper Lee’s&nbsp;<em>To Kill a Mockingbird</em>&nbsp;illustrates a troubled relationship between lawyering and empathy and between empathy and masculinity.</p> </div> </div> </div> <div class="field field-type-nodereference field-field-facultyresearch-author"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Author:&nbsp;</div> Richard H. McAdams </div> </div> </div> <p>Harper Lee’s <em>To Kill a Mockingbird</em> illustrates a troubled relationship between lawyering and empathy and between empathy and masculinity. To begin, empathetic understanding has two sides: it can produce compassionate or altruistic behavior, but there is also a strategic value: a competitor who understands the thoughts and feelings of others is better able to anticipate an opponent's next move and stay one step ahead. Atticus Finch demonstrates both aspects of empathy: his ability to imagine the world from the perspective of others makes him a more compassionate and helpful father and neighbor, but also a more effective lawyer, better able to cross-examine adverse witnesses and to make arguments that (might) appeal to jurors. Atticus understands better than anyone else in Maycomb the tragic predicament of Mayella Ewell, but he uses his empathy to harm her, that is, to help his client Tom Robinson by exposing her as a liar. The irony is that the empathetic insight that makes Atticus the best person to cross-examine Mayella also makes him (among all those who believe she is lying) feel the most compassion for her. But the role of zealous advocate leaves limited room for showing compassion to one's adversary.</p> <p>Empathy connects with the novel’s focus on masculinity. The novel offers a new version of white manhood in the Jim Crow South. The conventional white southern male of the 1930s romanticized the Lost Cause of the Confederacy and adhered to a strict code of chivalry that required the use of violence to assuage insults to honor, particularly the honor of white southern women. According to this chivalric ideology, the greatest threat to white womanhood was black male predation, and the manly response was the lynching, not