The US Pretrial System: Balancing Individual Rights and Public Interests

In this article, we review a growing empirical literature on the effectiveness and fairness of the US pretrial system and discuss its policy implications. Despite the importance of this stage of the criminal legal process, researchers have only recently begun to explore how the pretrial system balances individual rights and public interests. We describe the empirical challenges that have prevented progress in this area and how recent work has made use of new data sources and quasi-experimental approaches to credibly estimate both the individual harms (such as loss of employment or government assistance) and public benefits (such as preventing non-appearance at court and new crimes) of cash bail and pretrial detention. These new data and approaches show that the current pretrial system imposes substantial short-and long-term economic harms on detained defendants in terms of lost earnings and government assistance, while providing little in the way of decreased criminal activity for the public interest. Non-appearances at court do significantly decrease for detained defendants, but the magnitudes cannot justify the economic harms to individuals observed in the data. A second set of studies shows that that the costs of cash bail and pretrial detention are disproportionately borne by Black and Hispanic individuals, giving rise to large and unfair racial differences in cash bail and detention that cannot be explained by underlying differences in pretrial misconduct risk. We then turn to policy implications and describe areas of future work that would enable a deeper understanding of what drives these undesirable outcomes.

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Restrictions of Private Property Right in Terms of the Covid-19 Pandemic: The Experience of the US, UK and Ukraine

The Age of Human Rights Journal ◽

10.17561/tahrj.v16.6275 ◽

2021 ◽

pp. 263-277

Author(s):

Kateryna Nekit

Keyword(s):

Property Rights ◽

Private Property ◽

Case Law ◽

The United States ◽

Business Owners ◽

Public Interests ◽

Private Property Rights ◽

The Us ◽

Private And Public ◽

Spread Of Infection

The COVID-19 pandemic has had a significant impact on human rights. Many rights have been restricted to prevent the spread of infection. The restrictions on private property rights during the pandemic were not so obvious, but no less significant. The massive closure of restaurants, cafes, cinemas and other crowded places has resulted in significant losses for business owners. The question arose about the admissibility of such restrictions on the rights of owners, as well as the need to compensate for the losses caused. The purpose of this article is to study the criteria developed by international practice under which the restriction of property rights is allowed, and approaches to resolving issues of compensation for losses caused to owners when it is necessary to ensure a balance of private and public interests in Ukraine. The article also analyzes approaches to resolving issues of compensation for losses caused to owners as a result of restrictions on their rights, developed in the case law of the United States and Great Britain.

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MODERN CRYPTOECONOMICS: INTERNATIONAL LEGAL REGULATION

International Trade and Trade Policy ◽

10.21686/2410-7395-2018-1-135-142 ◽

2018 ◽

pp. 135-142

Author(s):

Antonina D. Levashenko ◽

Ivan S. Ermokhin

Keyword(s):

Money Laundering ◽

Legal Regulation ◽

International Experience ◽

Tax Base ◽

Public Interests ◽

Terrorist Financing ◽

The Us ◽

Crypto Currency ◽

The World ◽

The Eu

Due to increasing interest around the world about crypto-currency there is a growing need among authorities for understanding the approaches to regulate the new phenomenon. Analysis of international experience in the regulation of crypto-currencies and other cryptoactive assets shows that regulators are now trying to reduce the risks associated with the violation of public interests - the risks of erosion of the tax base and money laundering and terrorist financing. The article provides information on the approaches of the EU, the US and other OECD countries to the regulation of crypto-currencies and other crypto assets, as well as possible proposals for regulators in Russia.

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Infektionsschutz im liberalen Rechtsstaat

10.5771/9783748901709 ◽

2019 ◽

Author(s):

Jutta Mers

Keyword(s):

Public Health ◽

Infectious Disease ◽

Individual Rights ◽

Public Interests ◽

Health Measures

As the discussion on the introduction of mandatory vaccinations shows, there is nearly always a conflict between individual rights and public interests regarding public health questions. This book analyses if German infectious disease law has succeeded in solving this conflict. For this purpose, the conditions under which public health measures can be justified are considered. Based on this, the author examines if the central statutory provisions are in accordance with the constitution. In particular, this book deals with the question under which circumstances mandatory vaccinations can be established and whether the general clauses legally defined in German infectious disease law are in line with the constitution.

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Communicable Disease and Homeland Security: An Assessment of the US 2014 Ebola Incident

Journal of Homeland Security and Emergency Management ◽

10.1515/jhsem-2015-0044 ◽

2015 ◽

Vol 12 (4) ◽

pp. 775-791

Author(s):

Eric R. Taylor

Keyword(s):

Medical Care ◽

Homeland Security ◽

Communicable Disease ◽

Hemorrhagic Fever ◽

Individual Rights ◽

Viral Hemorrhagic Fever ◽

Infected People ◽

The Us ◽

Policies And Practices

Abstract During October 2014, the US experienced several cases of Ebola viral hemorrhagic fever (VHF). These occurrences arose from infected people entering the US including as well, physicians and nurses contracting the disease in the course of rendering medical care to the infected. The extent of the outbreak, as limited as it fortunately was, revealed problems in preparedness and the technical protocols followed in dealing with such a virulent disease pathogen. It may even serve as a warning that US policies and practices in dealing with hyper-infectious and seriously communicable disease have fallen short and require technically critical reassessment in how the US should or may need to respond to such incurable pathogens that enter the country, regardless if a natural or a terrorist mediated event. The issue of individual rights against quarantine also arises. This paper offers examination and suggestions for official responses to safeguard the health and rights of all.

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Let the People Vote

10.5406/illinois/9780252039904.003.0005 ◽

2017 ◽

Author(s):

Tula A. Connell

Keyword(s):

Public Housing ◽

Individual Rights ◽

Public Interests ◽

The People ◽

Savings And Loan ◽

Property Owners ◽

Long Time ◽

Republican Government ◽

Willingness To Sacrifice ◽

National Housing

This chapter details the strategies involved in a 1951 campaign by a coalition of small property owners and anti-tax proponents who sought to halt creation of public housing through a ballot referendum. Leading the coalition is long-time civic activist and savings-and-loan official William Pieplow. Pieplow's elevation of individual rights was tempered by a belief in “public virtue”—a willingness to sacrifice private to public interests, a characteristic championed in the early days of the nation's founding as essential for republican government. Although the referendum campaign received some support from the national housing and builder associations, which vehemently opposed the 1949 Housing Act, the movement Pieplow and his cohorts spearheaded was a genuinely grassroots expression, one that sought to defend against the perceived loss of individual rights that would result from the provision of public housing.

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O domínio público e a função social do direito autoral | Public domain and the social function of copyright law

Liinc em Revista ◽

10.18617/liinc.v7i2.428 ◽

2011 ◽

Vol 7 (2) ◽

Author(s):

Carlos Affonso Pereira de Souza

Keyword(s):

Social Function ◽

Public Domain ◽

Copyright Law ◽

Public Interests ◽

The Public ◽

The Social ◽

The Us ◽

Private And Public ◽

Access To Knowledge

Resumo O artigo debate as funções desempenhadas pelo direito autoral, identificando o estímulo à criação como função promocional e o acesso ao conhecimento e à informação como sua função social. O texto desenvolve o papel do domínio público como instituto fundamental para garantir o equilíbrio entre interesses privados e públicos na proteção autoral a partir do ordenamento constitucional e reflete sobre a experiência norte-americana envolvendo a prorrogação do prazo de proteção das obras autorais. Palavras-chave Direitos Autorais; Domínio Público; Função SocialAbstract The article debates the functions of copyright protection, identifying the incentive to intellectual creation and the access to knowledge and information as its two major functions. The text explores the role of the public domain as a fundamental institute for the better understanding of the balance between private and public interests in copyright in the light of Brazilian Constitutional Law and the US experience on the extension of the protection term. Keywords Copyright; Public Domain; Social Function

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BLACK LIVES MATTER IN THE UNITED STATES

Sociae Polites ◽

10.33541/sp.v21i3.2416 ◽

2020 ◽

Vol 21 (3) ◽

pp. 156-170

Author(s):

Alifianita Amalia ◽

Luthfiyah Alifah Ridwan ◽

Rachel Krisna Ayu ◽

Shuwen Lian

Keyword(s):

United States ◽

Social Media ◽

African Americans ◽

The United States ◽

Individual Rights ◽

News Content ◽

The Past ◽

Black Lives Matter ◽

The Us ◽

Police Action

This paper examines affiliation with the Black Lives Matter (BLM) movement using the constructivism theory. The main finding presented in the paper is that the discrimination experienced by African Americans in the United States in the past two decades. The BLM movement's history was a response to the death of two black teenagers, Trayvon Martin and Michael Brown, who were both unarmed and shot and killed. The most famous one happened this year, the death of George Floyd for the brutal police action by pressing the victim's neck with his leg until Floyd died. The second key finding is that BLM organizations generated more to frame the movement as a struggle for individual rights. Still, many youths assume that this movement is just a trend on social media. Finally, social media's influence where the spread of news, content, videos is the important point of the black lives matter movement in the US.

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The Eleventh Circuit Holds that Agreements in which Pharmaceutical Companies Pay Generic Companies Not to Compete May be Valid

The Journal of Law Medicine & Ethics ◽

10.1017/s107311050000749x ◽

2004 ◽

Vol 32 (1) ◽

pp. 181-184

Author(s):

Amy Garrigues

Keyword(s):

Pharmaceutical Companies ◽

Court Decisions ◽

Patent Holder ◽

Trial Court ◽

Court Of Appeals ◽

The Us ◽

Antitrust Laws ◽

Per Se ◽

Appeals Court ◽

Two Sides

On September 15, 2003, the US. Court of Appeals for the Eleventh Circuit held that agreements between pharmaceutical and generic companies not to compete are not per se unlawful if these agreements do not expand the existing exclusionary right of a patent. The Valley DrugCo.v.Geneva Pharmaceuticals decision emphasizes that the nature of a patent gives the patent holder exclusive rights, and if an agreement merely confirms that exclusivity, then it is not per se unlawful. With this holding, the appeals court reversed the decision of the trial court, which held that agreements under which competitors are paid to stay out of the market are per se violations of the antitrust laws. An examination of the Valley Drugtrial and appeals court decisions sheds light on the two sides of an emerging legal debate concerning the validity of pay-not-to-compete agreements, and more broadly, on the appropriate balance between the seemingly competing interests of patent and antitrust laws.

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