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What Can We Learn From The Federal Approach To The Prosecution Of Juvenile Crime?, Emily Buss
What Can We Learn From The Federal Approach To The Prosecution Of Juvenile Crime?, Emily Buss
Articles
In a context of widespread concern over our bloated criminal justice system and growing awareness of the harm done to individuals and society by our excessive incarceration policies, any piece of the system that has remained infinitesimally small deserves some attention. In her article, The Federal Juvenile System, 1 Esther Hong highlights the success of the largely overlooked federal juvenile delinquency system in staying extremely small and suggests this system offers lessons for its bloated state and federal counterparts. Although I agree that the federal government’s prosecution of minors under the Federal Juvenile Delinquency Act (“FJDA”) offers some valuable lessons …
Kids Are Not So Different: The Path From Juvenile Exceptionalism To Prison Abolition, Emily Buss
Kids Are Not So Different: The Path From Juvenile Exceptionalism To Prison Abolition, Emily Buss
Articles
Inspired by the Supreme Court’s embrace of developmental science in a series of Eighth Amendment cases, “kids are different” has become the rallying cry, leading to dramatic reforms in our response to juvenile crime designed to eliminate the incarceration of children and support their successful transition to adulthood. The success of these reforms represents a promising start, but the “kids are different” approach is built upon two flaws in the Court’s developmental analysis that constrain the reach of its decisions and hide the true implications of a developmental approach. Both the text of the Court’s opinions and the developmental and …
Symposium Introduction: This Violent City? Urban Violence In Chicago And Beyond, Aziz Z. Huq, John Rappaport
Symposium Introduction: This Violent City? Urban Violence In Chicago And Beyond, Aziz Z. Huq, John Rappaport
Articles
To many, the city of Chicago conjures up a specter of unremitting urban violence. In 2014, the city was labeled the “murder capital” of the United States.1 The following year, a video of the police shooting Laquan McDonald became a cynosure of public concern.2 Commentators as disparate as Spike Lee and President Donald Trump agree: Chicago is uniquely bloody.3 Predictably, the empirical data about Chicago’s crime and policing trends belie the most dramatic of these claims.4 Yet if Chicago is not as violent as either Lee or Trump makes it out to be, the city’s experience …
Police Agencies On Facebook Overreport On Black Suspects, Ben Grunwald, Julian Nyarko, John Rappaport
Police Agencies On Facebook Overreport On Black Suspects, Ben Grunwald, Julian Nyarko, John Rappaport
Articles
A large and growing share of the American public turns to Facebook for news. On this platform, reports about crime increasingly come directly from law enforcement agencies, raising questions about content curation. We gathered all posts from almost 14,000 Facebook pages maintained by US law enforcement agencies, focusing on reporting about crime and race. We found that Facebook users are exposed to posts that overrepresent Black suspects by 25 percentage points relative to local arrest rates. This overexposure occurs across crime types and geographic regions and increases with the proportion of both Republican voters and non-Black residents. Widespread exposure to …
Competing Algorithms For Law: Sentencing, Admissions, And Employment, Saul Levmore, Frank Fagan
Competing Algorithms For Law: Sentencing, Admissions, And Employment, Saul Levmore, Frank Fagan
Articles
No abstract provided.
The Performance Of Africa's International Courts: Using Litigation For Political, Legal, And Social Change, Tom Ginsburg
The Performance Of Africa's International Courts: Using Litigation For Political, Legal, And Social Change, Tom Ginsburg
Articles
No abstract provided.
Discovering Racial Discrimination By The Police, Alison Siegler
Discovering Racial Discrimination By The Police, Alison Siegler
Articles
No abstract provided.
The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse
The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse
Articles
No abstract provided.
Valuation Blunders In The Law Of Eminent Domain, Richard Epstein
Valuation Blunders In The Law Of Eminent Domain, Richard Epstein
Articles
No abstract provided.
Rethinking Prosecutorial Discretion In Immigration Enforcement, Nicole Hallett
Rethinking Prosecutorial Discretion In Immigration Enforcement, Nicole Hallett
Articles
Prosecutorial discretion in immigration enforcement stands at a crossroads. It was the centerpiece of Obama's immigration policy after efforts to pass comprehensive immigration reform failed. Under the Trump administration, it was declared all but dead, replaced by an ethos of maximum enforcement. Biden has promised a return to the status quo ante, but the record of using prosecutorial discretion to accomplish humanitarian goals in immigration enforcement under Obama was, at best, mixed. Moreover, it is unclear whether Biden can depend on the availability of programs such as Deferred Action for Childhood Arrivals (DACA), Obama's signature prosecutorial discretion program. Although the …
Police Deception In Interrogation As A Problem Of Procedural Legitimacy, Margareth Etienne, Richard Mcadams
Police Deception In Interrogation As A Problem Of Procedural Legitimacy, Margareth Etienne, Richard Mcadams
Articles
No abstract provided.
The Other American Law, Elizabeth Reese
Equality's Understudies, Aziz Huq
The Federal Judiciary's Role In Drug Law Reform In An Era Of Congressional Dysfunction, Erica Zunkel, Alison Siegler
The Federal Judiciary's Role In Drug Law Reform In An Era Of Congressional Dysfunction, Erica Zunkel, Alison Siegler
Articles
No abstract provided.
Constitutional Rights In The Machine Learning State, Aziz Huq
Constitutional Rights In The Machine Learning State, Aziz Huq
Articles
No abstract provided.
The Enduring Challenges For Habeas Corpus, Diane Wood
A Right To A Human Decision, Aziz Huq
Expungement Reform In Arizona: The Empirical Case For A Clean Slate, Sonja Starr
Expungement Reform In Arizona: The Empirical Case For A Clean Slate, Sonja Starr
Articles
No abstract provided.
Assessing The Empirical Upside Of Personalized Criminal Procedure, Matthew B. Kugler, Lior Strahilevitz
Assessing The Empirical Upside Of Personalized Criminal Procedure, Matthew B. Kugler, Lior Strahilevitz
Articles
No abstract provided.
Segregation By Citizenship, Emma Kaufman
Racial Equity In Algorithmic Criminal Justice, Aziz Huq
Racial Equity In Algorithmic Criminal Justice, Aziz Huq
Articles
No abstract provided.
18 U.S.C. § 3553(A)'S Undervalued Sentencing Command: Providing A Federal Criminal Defendant With Rehabilitation, Training, And Treatment In"“The Most Effective Manner", Erica Zunkel
Articles
No abstract provided.
Fourth Amendment Gloss, Aziz Huq
Criminal Justice, Inc., John Rappaport
Legal Or Political Checks On Apex Criminality: An Essay On Constitutional Design, Aziz Huq
Legal Or Political Checks On Apex Criminality: An Essay On Constitutional Design, Aziz Huq
Articles
No abstract provided.
Apparent Fault, Aziz Huq, Genevieve Lakier
Why The Burger Court Mattered (Reviewing The Burger Court And The Rise Of The Judicial Right By Michael J. Graetz And Linda Greenhouse), David A. Strauss
Why The Burger Court Mattered (Reviewing The Burger Court And The Rise Of The Judicial Right By Michael J. Graetz And Linda Greenhouse), David A. Strauss
Articles
No abstract provided.
Police Violence In The Wire, Jonathan Masur, Richard H. Mcadams
Police Violence In The Wire, Jonathan Masur, Richard H. Mcadams
Articles
No abstract provided.
What Is Discriminatory Intent?, Aziz Huq
The Consequences Of Disparate Policing: Evaluating Stop And Frisk As A Modality Of Urban Policing, Aziz Huq
The Consequences Of Disparate Policing: Evaluating Stop And Frisk As A Modality Of Urban Policing, Aziz Huq
Articles
No abstract provided.