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I didn't say that they were unconstitutional one way or the other. what i was trying to assess was how they are characterized. some courts would look at those laws and call them preventative, and that has a certain set of consequences. some courts would call them punitive, and that has a certain set of consequences. and what i was trying to do is figure out how to make the determination whether they were punitive or preventative. >> well, your note argued that they were punitive. and i would note that that view, there had been some on the bench that have advocated that. the supreme court in 19...

0 stems back decades and that is concerning. you wrote your note on the harvard law review on sex crimes. your note is your major academic work on the law review and yours is entitled "prevention versus punishment: towards a principled distinction in the restraint of released sex offenders." and in it you argue, and i quote, "a recent spate of legislation purports to regulate released sex offenders by requiring them to register with local law enforcement officials, notify community members of their presence, undergo dna testing and submit to civil commitment for an indefinite term. at many cou...