Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Bias (1)
- Coase (1)
- Corporate Law (1)
- Corporations (1)
- Criminal (1)
-
- Criminal Justice (1)
- Criminal justice (1)
- Exactions (1)
- Forced labor (1)
- Fourth Amendment (1)
- Inmate (1)
- Investment (1)
- Labor (1)
- Martin (1)
- Nollan/Dolan (1)
- Occupy (1)
- Occupy wall street (1)
- Order for the Courts (1)
- Penal (1)
- Prison (1)
- Public Corporations (1)
- Race (1)
- Race-based privilege (1)
- Racial Bias (1)
- Slavery (1)
- Task Force (1)
- Task Force on Race and the Criminal Justice System (1)
- Theory of the Firm (1)
- Thirteenth Amendment (1)
- Washington (1)
Articles 1 - 3 of 3
Full-Text Articles in Entire DC Network
Order For The Courts: Reforming The Nollan/Dolan Threshold Inquiry For Exactions, Winfield B. Martin
Order For The Courts: Reforming The Nollan/Dolan Threshold Inquiry For Exactions, Winfield B. Martin
Seattle University Law Review
For decades prior to 2005, Fifth Amendment regulatory takings jurisprudence languished in a state of confused neglect. Rather than articulating a clearly discernable standard for determining whether a violation of the Takings Clause had occurred, Justices rebuffed government action that seemed to amount to “an out-and-out plan of extortion” and nodded in approval when they deemed the government to have “acted diligently and in good faith” or in furtherance of a “compelling interest.” In trying to parse this imprecise thicket, scholars have characterized the Court’s approach to regulatory takings as a “muddle,” in “disarray,” and “incoherent.” Professor Kent even noted …
O.P.P.: How "Occupy's" Race-Based Privilege May Improve Fourth Amendment Jurisprudence For All, Lenese C. Herbert
O.P.P.: How "Occupy's" Race-Based Privilege May Improve Fourth Amendment Jurisprudence For All, Lenese C. Herbert
Seattle University Law Review
This Article submits that Occupy’s race problem could, ironically, prove to be a solution if protesters grow more serious about exposing the injury of political subordination and systems of privilege that adhere to the criminal justice system. Privilege is a “systemic conferral of benefit and advantage [as a result of] affiliation, conscious or not and chosen or not, to the dominant side of a power system.” Accordingly, now that police mistreatment affects them personally, Occupy may finally help kill a fictitious Fourth Amendment jurisprudence that ignores oppression through improper policing based on racial stigma. Occupy may also help usher in …
Slavery Revisited In Penal Plantation Labor, Andrea C. Armstrong
Slavery Revisited In Penal Plantation Labor, Andrea C. Armstrong
Seattle University Law Review
This Article argues that society must critically examine the types of labor we require our inmates to perform and prohibit the imposition of slavery, even when the enslaved is an inmate. Part II focuses on the text and history of Section 1 of the Thirteenth Amendment11 and argues that the Amendment’s exception allowing forced inmate labor is not as broad as it first appears. Part III examines the Eighth Amendment and how the imposition of slave status on inmates should be considered cruel and unusual punishment. Lastly, Part IV applies these concepts to the history and operation of one such …