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Articles 1 - 28 of 28
Full-Text Articles in Entire DC Network
A Model State Compensation Law For The Wrongfully Convicted, Jacqueline Kamel
A Model State Compensation Law For The Wrongfully Convicted, Jacqueline Kamel
Journal of Legislation
No abstract provided.
Curtailing Coercion Of Children: Reforming Custodial Interrogations Of Juveniles, K'Reisa Cox
Curtailing Coercion Of Children: Reforming Custodial Interrogations Of Juveniles, K'Reisa Cox
Journal of Legislation
No abstract provided.
The Bipartisan Safer Communities Act: Doctrinal And Policy Problems, Robert Leider
The Bipartisan Safer Communities Act: Doctrinal And Policy Problems, Robert Leider
Journal of Legislation
In response to recent mass shootings, Congress passed the Bipartisan Safer Communities Act. The Act encouraged states to implement red-flag laws, adopted a more punitive approach to federal gun control, expanded the domestic violence misdemeanors that prohibit firearm possession, and implemented more stringent regulations on young adults purchasing firearms. Because of the difficulties in passing federal gun control laws, Congress hastily passed the Act after a small, bipartisan group of Senators agreed on its text. This stunted legislative process left the new law riddled with ambiguities and technical deficiencies. This Article explores the constitutional, doctrinal, and policy problems created by …
Covid-19 Hate Crimes: Why Hate Is Rising, And What The United States Can Do About It, Dillon B. Yang
Covid-19 Hate Crimes: Why Hate Is Rising, And What The United States Can Do About It, Dillon B. Yang
Journal of Legislation
No abstract provided.
Panicked Legislation, Catherine L. Carpenter
Panicked Legislation, Catherine L. Carpenter
Journal of Legislation
No abstract provided.
Civil Cipa: A Defense Against The Government's Unchecked State Secrets Privilege, Morgan Cleary
Civil Cipa: A Defense Against The Government's Unchecked State Secrets Privilege, Morgan Cleary
Journal of Legislation
No abstract provided.
Combatting Suggestiveness In Lineups: Can Legislation Be The Answer?, Samantha Kay Krasker
Combatting Suggestiveness In Lineups: Can Legislation Be The Answer?, Samantha Kay Krasker
Journal of Legislation
No abstract provided.
Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw
Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw
Journal of Legislation
Is Michigan’s Sex Offenders Registration Act (“MSORA”) constitutional? Until 2016, courts routinely said yes. In 2016, the Sixth Circuit in Does #1–5 v. Snyder held that the statute was an unconstitutional ex post facto law. In 2021, the Michigan Supreme Court echoed the Sixth Circuit’s holding in People v. Betts. In response, the Michigan legislature passed Public Law 295 of 2020 to amend MSORA, and courts treat the amended act as a “new” statute. Critical analysis of the amended statute’s legality is difficult because the state legislature has seemingly ignored constitutional issues with statutory proposals until after the fact, and …
Snitches Cause Stitches: The Need For Legislative Reform On Jailhouse Informant Testimony Laws, Jennifer Sutterer
Snitches Cause Stitches: The Need For Legislative Reform On Jailhouse Informant Testimony Laws, Jennifer Sutterer
Journal of Legislation
No abstract provided.
From First Steps To Second Chances: Addressing Mass Incarceration In State Prisons, Molly Connor
From First Steps To Second Chances: Addressing Mass Incarceration In State Prisons, Molly Connor
Notre Dame Law Review
In order to address mass incarceration meaningfully, Congress must pass legislation aimed at reducing state prison populations. The legislation’s name (the First Step Act) suggests there will be follow-up legislation—that Congress’s end goal has yet to be fully realized. This Note explores the details of the First Step Act with an eye toward drafting the “Second Step Act” in a way that adequately addresses the root causes of mass incarceration. In Part I, this Note discusses the events leading up to the passage of the First Step Act and its key provisions addressing sentencing reform and rehabilitative programming. Part II …
Shareholders United?, Andrew K. Jennings
Shareholders United?, Andrew K. Jennings
Notre Dame Law Review Reflection
Securities regulation has a way of crossing into other lanes. What public companies do is substantive regulation. How they govern themselves while doing it—or more importantly, how they disclose it—is securities regulation. So it is no surprise that the perennial concern over regulating money in politics should also become a question of federal securities regulation. The Shareholders United Act (the “Act”)—passed by the House of Representatives as part of House Bill 1, an early, major piece of legislation in the 116th Congress—does just that. The Act would require that before engaging in political spending, public companies poll shareholders on how …
The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers
The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers
Journal of Legislation
Ex-offenders are subject to a wide range of employment restrictions that limit the ability of individuals with a criminal background to earn a living. This Article argues that women involved in the criminal justice system likely suffer a greater income-related burden from criminal conviction than do men. This disproportionate burden arises in occupations that women typically pursue, both through formal pathways, such as restrictions on occupational licensing, and through informal pathways, such as employers’ unwillingness to hire those with a criminal record. In addition, women have access to far fewer vocational programs while incarcerated. Further exacerbating this burden is that …
She Could Steal, But She Could Not Rob: Punishment Inflation In Burglary Statutes Nationwide, Candace Mccoy, Phillip M. Kopp
She Could Steal, But She Could Not Rob: Punishment Inflation In Burglary Statutes Nationwide, Candace Mccoy, Phillip M. Kopp
Journal of Legislation
No abstract provided.
Debts Paid: Ending Criminal Disenfranchisement, Tyler Knutson
Debts Paid: Ending Criminal Disenfranchisement, Tyler Knutson
Journal of Legislation
No abstract provided.
Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres
Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres
Journal of Legislation
No abstract provided.
Reforming By Re-Norming: How The Legal System Has The Potential To Change A Toxic Culture Of Domestic Violence, Melissa L. Breger
Reforming By Re-Norming: How The Legal System Has The Potential To Change A Toxic Culture Of Domestic Violence, Melissa L. Breger
Journal of Legislation
No abstract provided.
Sentencing Enhancement For Aggravating Role: The Need For The Numerosity Test As The Legal Standard For The "Otherwise Extensive" Criminal Activity Determination, Nicole Borczyk
Journal of Legislation
No abstract provided.
Mental Health Crisis In Maryland: A Lack Of Hospital Beds For The Mentally Ill Presents Maryland Legislature With Concerns About The Legality And Practicality Of Detainment, Ryan D. Konstanzer
Mental Health Crisis In Maryland: A Lack Of Hospital Beds For The Mentally Ill Presents Maryland Legislature With Concerns About The Legality And Practicality Of Detainment, Ryan D. Konstanzer
Journal of Legislation
No abstract provided.
California Propositions 62 & 66 As Misguided Models For The Capital Punishment Debate: The Argument For The Inclusion Of Catholic Social Teaching And Other Religious Denominations In The Discussion And A Proposed Solution, Cornelius V. Loughery
Journal of Legislation
No abstract provided.
Managing Fear-Based Derogation In Murder Trials, John Rafael Perez
Managing Fear-Based Derogation In Murder Trials, John Rafael Perez
Journal of Legislation
No abstract provided.
Evaluating Legislative Justice Sector Reforms: Creating An Environment For Survival, Lauren A. Shumate
Evaluating Legislative Justice Sector Reforms: Creating An Environment For Survival, Lauren A. Shumate
Journal of Legislation
No abstract provided.
Juvenile Justice Reform In Texas: The Context, Content & Consequences Of Senate Bill 1630, Sara A. Gordon
Juvenile Justice Reform In Texas: The Context, Content & Consequences Of Senate Bill 1630, Sara A. Gordon
Journal of Legislation
No abstract provided.
Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo
Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo
Journal of Legislation
This note seeks to examine the tripartite relationship between legislative delegation, prosecutorial discretion, and public pressures in the context of Florida's "Stand Your Ground" regime. In the context of high profile criminal cases, a prosecutor faces significant public and political pressures that may influence her exercise of discretion in that case. Ultimately, Castillo argues that when a prosecutor succumbs to these pressures, it undermines her expertise, experience and exercise of discretion, and undercuts the legitimacy of the criminal justice system as a whole.
The Uniform Act On Prevention Of And Remedies For Human Trafficking: State Law And The National Response To Labor Trafficking, Erin N. Kauffman
The Uniform Act On Prevention Of And Remedies For Human Trafficking: State Law And The National Response To Labor Trafficking, Erin N. Kauffman
Journal of Legislation
Human trafficking* is one of the most lucrative criminal enterprises in the world, with illicit profits rivaling those of the global drug and arms trades. A 2014 survey by the International Labour Organization estimated that revenue from human trafficking grosses as much as $150 billion annually.Yet, unlike with drugs and weapons, the minimal cost of “purchasing” a human trafficking victim, combined with the fact that the same victim may be sold again and again, makes human trafficking a high-reward, low-risk enterprise.
A Judicial Cure For The Disease Of Overcriminalization, Stephen F. Smith
A Judicial Cure For The Disease Of Overcriminalization, Stephen F. Smith
Journal Articles
The dangers of “overcriminalization” are widely appreciated across the political spectrum, but confusion remains as to its cause. Standard critiques fault legislatures alone. The problem, however, is not simply that too many criminal laws are on the books, but that they are poorly defined in ways that give unwarranted sweep to the criminal law, raising the danger of punishment absent or in excess of moral blameworthiness. Instead of narrowing ambiguous criminal laws to more appropriate bounds, courts frequently expand them, even when this ratchets up the punishment that offenders face, and fail to insist on proof of sufficiently culpable states …
Lawmaking By Public Welfare Professionals, Gerald Jogerst, Jeanette Daly, Jeffrey Dawson, Gretchen Schmuch, Margaret F. Brinig
Lawmaking By Public Welfare Professionals, Gerald Jogerst, Jeanette Daly, Jeffrey Dawson, Gretchen Schmuch, Margaret F. Brinig
Journal Articles
When thinking of law-making, one usually thinks of the activities of Congress or state legislatures. Students of law and government may also think of the rule-making activities of federal or state bureaucracies. More recently, some attention has been paid to the lawmaking power known as prosecutorial discretion (the decision of whether or for what crimes to charge a criminal defendant) or judicial discretion in sentencing. However, so far most of this work has been theoretical or, at best, anecdotal. Further, far less attention has been paid to the ubiquitous activities of the bureaucrat who must decide whether or not to …
Shaping Today's Forfeiture Law: A Conversation With Senator Mcclellan, G. Robert Blakey
Shaping Today's Forfeiture Law: A Conversation With Senator Mcclellan, G. Robert Blakey
Journal Articles
In any society, the government's ability to interfere with life, liberty or property is always open for full discussion. In this conversation, Professor Blakey discusses property in the context of organized and white-collar crime, in addition to criminal forfeiture, and frames his discussion around his work with Senator John McClellan on drafting the Organized Crime Control Act.
Banning Broadcasting – A Transatlantic Perspective, Geoffrey Bennett, Russel L. Weaver
Banning Broadcasting – A Transatlantic Perspective, Geoffrey Bennett, Russel L. Weaver
Journal Articles
The British Government's decision to prohibit radio and television networks from airing interviews or statements by members of certain Northern Ireland organizations, or by allies and sympathizers of such organizations (the Broadcasting Ban or Ban) is analyzed in context. From an analysis of the Ban, some conclusions are drawn about the nature of judicial review.