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Most Recent Print Issue

Volume 70, Issue 3 

Published Summer 2021

ARTICLE

A DEMOCRATIC VIEW OF PUBLIC EMPLOYEE 
SPEECH RIGHTS

by George R. Wright

The question of the scope of public employee free speech rights is of obvious importance. Such cases are frequently litigated. The speaker's continuing employment is commonly at stake. The appropriate functioning of the government agency may be at issue as well. But government agencies are intended to operate not only with internal efficiency but with proper accountability to the public. [Continue reading here.]

ARTICLE

Towards a Governance Model of Ungovernable Prisons: How Recognition of Inmate Organizations, Dialogue, and Mutual Recognition of Inmate Organizations, Dialogue, and Mutual Respect Can Transform Violent Prisons in Latin America Respect Can Transform Violent Prisons in Latin America
by José Luis Pérez Guadalupe, James Cavallaro, and Lucia Nuñovero

Study of informal organizations in prisons in Latin America focuses on the exercise of control over daily life inside detention centers, including the extreme example of ‘self-government’ of and by those incarcerated.  [Continue reading here].

ARTICLE

Taxation of Long-term Unemployment in the Digital Economy: Facing the Twenty-First Century Challenges
by Limor Riza

The article examines the policy of taxing long-term unemployment. We claim that tax systems should not tax the unemployed regardless of whether they reenter the labor market. Unemployment is a socioeconomic problem. The fear of expanding unemployment increases due to COVID-19 that shut down large sectors of the economy for a long period and also due to the digital economy.  [Continue reading here.]


COMMENT

 (Anti)-SLAPP Happy in Federal Court?: The Applicability of State Anti-SLAPP Statutes in Federal Court and the Need for Federal Protection Against SLAPPs
by Caitlin Daday

In recent years, lawsuits known as Strategic Lawsuits Against Public Participation, or SLAPPs, have become increasingly common. These suits seek to intimidate and punish people for exercising their First Amendment rights. In response to SLAPPs, over half of the states have enacted anti-SLAPP statutes to protect the targets of SLAPPs. [Continue reading here]. 

COMMENT

Police Using Photoshop to Alter a Suspect's Photo in Lineup and Courts Allowing It: Does it Violate Due Process?
by Molly Eyerman

Eyewitness identification remains one of the most popular pieces of evidence in criminal trials despite the decades of research supporting this evidence unreliability. In August 2019, the federal case United State v. Allen became nationwide news when it was revealed that police used Photoshop to remove Allen’s facial tattoo before using the altered-photo in a photo array. [Continue reading here]. 

COMMENT

"PrEP"aring for a Challenge to Government-Owned Patents
by Caleb Holland

The United States Government owns one of the largest patent estates in the world, but it rarely brings suit for patent infringement. To understand why that may be, this paper looks critically at the Government as a patent holder. Specifically, the paper reviews the fundamentals of American patents and explores the intricacies unique to the Government as an entity that both grants and holds patent rights.  [Continue reading here]. 

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