[JURIST] New and interesting papers on SSRN Tuesday include:
Restorative Justice and the Dangers of Community [abstract]
by Robert Weisberg [faculty profile] of Stanford Law School [official website]
From the Abstract: "Restorative justice needs something to restore, and one key thing it is very often said to restore is, in some formulation or other, "community." But "community" is a very dangerous concept because it sometimes means very little, or nothing very coherent, and sometimes means so many things as to become useless in legal or social discourse, and because sometimes the sunny harmonious sound of the very word "community" often masks conflict and indeed discriminatory exclusion, or at least arbitrary political arrangements (as in "the international community"). This paper explores the various uses of the "community trope," from "community" as an ideal to "sense of community" as a social goal, to "the community" as a supposedly identifiable social entity to "the [group name] community" as the designation for a certain social, racial, ethnic, or other associations. It argues that greater self-criticism in the use of these tropes is essential to a thoughtful programs in the area of restorative justice."
Public Privacy: Camera Surveillance of Public Places and the Right to Anonymity [abstract]
by Christopher Slobogin [faculty profile] of the University of Florida, Levin College of Law [official website]
From the Abstract: "Government-sponsored camera surveillance of public streets and other public places is pervasive in the United Kingdom and is increasingly popular in American urban centers, especially in the wake of 9/11. Yet legal regulation of this surveillance is virtually non-existent, in part because the Supreme Court has signalled that we have no reasonable expectation of privacy in public places. This article, written for a symposium on the intersection of the Fourth Amendment and technology, contests that stance, at the same time it questions whether the traditional, "probable-cause-forever" view of Fourth Amendment protections makes sense in this technological age."
The Constitutional Law of Congressional Procedure [abstract]
by Adrian Vermeule [faculty profile] of the University of Chicago Law School [official website]
From the Abstract: "The federal constitution contains a set of rules that I will describe as the constitutional law of congressional procedure. These are rules that regulate the internal decisionmaking procedures of Congress; absent specific constitutional provision, they would be subject to the authority of each House to "determine the Rules of its Proceedings." ...The constitutional law of congressional procedure has rarely been analyzed as an integrated body of rules, largely because of historical quirks in the relevant sectors of political science and constitutional law. The article's project is to examine this body of rules as a unified topic that is central to the constitutional design of legislative power."