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Unconstitutional. do you still agree with the sentiments you expressed in your law school note? >> respectfully, senator, those are not the sentiments that i impressed in my law school note. my law school note was about sex offender registration laws, which at the time were relatively new. as you know from our time in law school, one of the things that law school students do, they look for new developments in the law and they try to analyze them. that's something that makes for good fodder for a law school note. my note that came out in 1996 was shortly after there were new megan's laws. the p...

That has been close at the supreme court. i would note beyond that in terms of the prevalence of these statutes, all 50 states have registry requirements. 47 states have communication requirements. all 50 states have dna or blood banks for sex offender requirements and 20 of the states the federal government in dc have laws that allow for the detention of sex offenders. i would note in the state of texas, a state court of appeals relying on the same sort of reasoning that you advocated for in your note struck down texas' sexually violent predator civil commitment law. at the time i was the sol...

T terms of the prevaprevalence, a have requirements. all 50 states have dna or blood banks for sex offenders requirements and 20 of the state, the federal government in d.c. have laws that law for the indefinite retention of sex offenders. at the time i was the solicitor general of texas. i argued that appeal in the texas supreme court and the texas supreme court unanimously reversed the court of appeals and upheld our statute. civil commitment laws would be struck down leasing sexual predators and under the argument, community notification

6,300 would be released to the public is. that an outcome that should be concerning? >> senator, in law school when i was writing a note, i was looking at a brand new set of laws that had not previously been enacted in any jurisdiction. they were new. i was assessing at the time as law school students do what criteria i thought might be used by courts to make a determination in the future as to whether or not they should be treated as punitive and not unconstitutional and as therefore ones that carry with them certain rights versus preventative. >> okay. judge jackson, so you've pointed these ...

Under the argument community notification and dna bank laws could well be struck down as well. is that an outcome that should concern people? >> senator, my note wasn't advocating for the striking down of those laws. my note was trying to identify criteria that i thought could be applied consistently to determine whether the laws were punitive or preventative. >> with respect -- you argued that they were punitive and you further say in the note, if they're punitive, they're on unconstitutional. >> let's take civil commitment laws. if you look at civil commitment laws right now, the ucla school...