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Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol
Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol
Neil L Sobol
Debtors’ prisons should no longer exist. While imprisonment for debt was common in colonial times in the United States, subsequent constitutional provisions, legislation, and court rulings all called for the abolition of incarcerating individuals to collect debt. Despite these prohibitions, individuals who are unable to pay debts are now regularly incarcerated, and the vast majority of them are indigent. In 2015, at least ten lawsuits were filed against municipalities for incarcerating individuals in modern-day debtors’ prisons. Criminal justice debt is the primary source for this imprisonment.
Criminal justice debt includes fines, restitution charges, court costs, and fees. Monetary charges exist …
Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke
Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke
Anthony O'Rourke
The Supreme Court’s recent decision in United States v. Windsor, invalidating part of the federal Defense of Marriage Act, presents a significant interpretive challenge. Early commentators have criticized the majority opinion’s lack of analytical rigor, and expressed doubt that Windsor can serve as a meaningful precedent with respect to constitutional questions outside the area of same-sex marriage. This short Article offers a more rehabilitative reading of Windsor, and shows how the decision can be used to analyze a significant constitutional question concerning the use of state criminal procedure to regulate immigration.
From Windsor’s holding, the Article distills …
From Loving To Obergefell: Elevating The Significance Of Discriminatory Effects, Holning Lau
From Loving To Obergefell: Elevating The Significance Of Discriminatory Effects, Holning Lau
Holning Lau