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56 Colum. J.L. & Soc. Probs. [i] (2022-2023)

handle is hein.journals/collsp56 and id is 1 raw text is: 


                  SOCIAL PROBLEMS
Volume 56                         Number 1                            Fall 2022
       Copyright © 2022 by the Columbia Journal of Law and Social Problems, Inc.

Misappropriation vs. Alteration: Post-Kelly Efforts to
    Criminalize Fraud Targeting Confidential
    Government Information......................................................................1

    The federal wire and mail fraud statutes criminalize any scheme or artifice to defraud
    that uses interstate wires or mailings to obtain money or property by means of false or
    fraudulent pretenses, representations, or promises. But what exactly counts as
    property, triggering the statutes' criminal penalties? In Carpenter v. United States, the
    Supreme Court held that confidential business information is property for purposes of
    the fraud statutes. In Cleveland v. United States and Kelly v. United States, the Court
    established that a scheme  to  alter a regulatory choice-which  implicates the
    government's role as a sovereign-does not deprive the government of property. The
    Court has left unclear, however, whether confidential government information can
    satisfy the fraud statutes' property requirement.

    After highlighting the uncertain  status of  the law  governing  schemes  that
    misappropriate confidential government information, this Note argues that as a matter
    of property theory, the government  has  a property interest in its confidential
    information because it has the right to exclude others from this information and that
    Kelly represents a mere application of Cleveland's narrow exception to this rule.
    Finally, this Note proposes a test to distinguish schemes that target government
    property from those  that implicate the government's  sovereign capacity: when
    fraudulent schemes seek to misappropriate confidential government information they
    target property, but when they seek to alter a governmental decision, they do not.

Beyond the Point of Exhaustion: Reforming the Exhaustion
   Requirement to Protect Access to IDEA Rights in
   Juvenile Facilities................................................................................41

   Congress  enacted  the Individuals with  Disabilities Education Act (IDEA),  in
   conjunction with other federal and state laws, to recognize a substantive right to a free
   appropriate public education for youth with disabilities and to establish a process to
   make  this right accessible. Although the IDEA guarantees youth in juvenile facilities
   the same  legal rights to special education services as students attending traditional
   public schools, correctional and education agencies across the country struggle to provide
   students in these facilities with special education services that meet these legal
   mandates.   When  violations occur, the IDEA imposes a threshold requirement that
   families exhaust administrative remedies before bringing a claim in state or federal
   court.  Courts have interpreted this requirement, and especially its exceptions for
   systemic allegations of IDEA violations, in different and unpredictable ways.

   This Note analyzes the IDEA's application of the exhaustion requirement in the context
   of class action claims against juvenile facilities in federal courts. Part I outlines the
   substantive rights and procedural protections under the IDEA. Part II examines how
   structural features of juvenile facilities impede access to IDEA rights. Part III analyzes
   how  the exhaustion requirement and its exceptions interact with the juvenile justice
   context to further deny access to IDEA rights. To address these concerns, Part IV
   proposes a range of reforms to the exhaustion requirement for allegations of systemic
   IDEA  violations in juvenile facilities.

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