Connecticut Law Review Volume 44 - Issue 1

Rethinking the Indefinite Detention of Sex Offenders

Thousands of sex offenders in the United States are being held indefinitely under civil commitment programs. The analysis in this Article suggests that none (or precious few) belong there. Specifically, in a large dataset, an instrument as good as the one most widely used by experts (the “Static-99”) could not identify even one sex offender […]

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Disappearing Parents: Immigration Enforcement and the Child Welfare System

This Article presents original empirical research that documents systemic failures of the federal immigration enforcement and state child welfare systems when immigrant parents in detention and deportation proceedings have children in state custody. The intertwined but uncoordinated workings of the federal and state systems result in severe family disruptions and raise concerns regarding parental rights […]

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Caution on Exhaustion: The Courts’ Misinterpretation of the IDEA’s Exhaustion Requirement for Claims Brought by Students Covered by Section 504 of the Rehabilitation Act and the ADA but not by the IDEA

The Individuals with Disabilities Education Act (“IDEA”) expressly allows students with disabilities eligible under the IDEA to bring civil actions against their school districts not only for violations of the IDEA but also for violations of civil rights under Section 504 of the Rehabilitation Act (“Section 504”) and the Americans with Disabilities Act (“ADA”) provided […]

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Excessive Speech, Civility Norms, and the Clucking Theorem

The classic free-speech axiom is that the cure for bad speech is more speech. This Article considers the possible social costs of speech, focusing on speech strategies that impede and degrade change, even if the speech itself is socially acceptable. This Article introduces the Clucking Theorem, which states that human nature unnecessarily inflates the costs […]

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Baseball’s Accidental Racism: The Draft, African-American Players, and the Law

Major League Baseball has recently experienced two puzzling upheavals. First, the number of foreign players has grown, to twenty-eight percent of all players. At the same time, the fraction of African-American players has declined, and is now at its lowest level in more than thirty years. The solution to the puzzle lies within the league […]

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Law, Strategy, and Competitive Advantage

Firms aggressively seek a competitive advantage over rivals. A voluminous body of strategy scholarship has identified numerous sources of competitive advantage. Yet, the notion that law may be a source of competitive advantage remains largely unexplored. This is surprising given the significant time and resources managers dedicate to legal issues. This Article examines whether legal […]

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