Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

University of Pennsylvania Carey Law School

University of Pennsylvania Journal of Law and Social Change

Articles 1 - 30 of 72

Full-Text Articles in Entire DC Network

Caged Birds And Those That Hear Their Songs: Effects Of Race And Sex In South Carolina Parole Hearings, David M. N. Garavito, Amelia Courtney Hritz, John H. Blume Jan 2024

Caged Birds And Those That Hear Their Songs: Effects Of Race And Sex In South Carolina Parole Hearings, David M. N. Garavito, Amelia Courtney Hritz, John H. Blume

University of Pennsylvania Journal of Law and Social Change

When most incarcerated persons go before the parole board, they hope that the decision whether to release them will be based on their institutional record; put differently, that the board will consider the use of opportunities available in prison, rehabilitation, and likelihood of success outside the carceral environment. However, numerous persons with excellent records and reentry plans are denied parole every year. Why? The actual variables that influence parole board decision making are often a mystery; parole rejections are left unexplained or opaque. Empirical research examining what drives parole outcomes is scarce, yet this research is necessary given the power …


Out Of Sight, Out Of Mind: Removing Unhoused People By Proxy Of Mental Illness, Carl Wu Jan 2023

Out Of Sight, Out Of Mind: Removing Unhoused People By Proxy Of Mental Illness, Carl Wu

University of Pennsylvania Journal of Law and Social Change

Across the United States, various legal mechanisms have subjected unhoused people to cruel practices that seek to remove them from public view. These practices have included laws that criminalize sleeping in public. Following a decades-long series of Supreme Court decisions, the Ninth Circuit recently struck down these “anti-homeless” laws under the Eighth Amendment’s ban on Cruel and Unusual Punishment and held that one’s status and unavoidable conduct resulting from that status could not be criminalized. Since 2022, a second wave of removal has emerged. California and New York City have both enacted initiatives, shrouded under the guise of a “compassionate” …


Anti-Carceral Human Rights Advocacy, Chi Adanna Mgbako, Nate Johnson, Vivienne Bang Brown, Megan Cheah, Kimya Zahedi Jan 2023

Anti-Carceral Human Rights Advocacy, Chi Adanna Mgbako, Nate Johnson, Vivienne Bang Brown, Megan Cheah, Kimya Zahedi

University of Pennsylvania Journal of Law and Social Change

The theory of carceral abolition entered the mainstream during the 2020 global protests for Black lives. Abolition calls for divestment from carceral institutions like police and prisons in favor of the expansion of social and economic programs that ensure public safety and nurture community well-being. Although there is little scholarship explicitly linking abolition to international human rights, there are scholars and advocates who implicitly echo abolitionist theories by critiquing the international human rights regime's overreliance on criminal law. These critics argue that relying on carceral institutions to address impunity for human rights abuses and promote gender justice does little to …


Let's Talk About Sex (Work): The Irony Of Partial Decriminalization Of Sex Work, Linda S. Anderson Jan 2023

Let's Talk About Sex (Work): The Irony Of Partial Decriminalization Of Sex Work, Linda S. Anderson

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Funding The Unfunded Non-Mandate: An Equal Justice Case For Adequate Funding Of Public Defense, Jay C. Hauser Jan 2022

Funding The Unfunded Non-Mandate: An Equal Justice Case For Adequate Funding Of Public Defense, Jay C. Hauser

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Facial Recognition In China: Current Status, Comparative Approach And The Road Ahead, Yan Luo, Rui Guo Jan 2021

Facial Recognition In China: Current Status, Comparative Approach And The Road Ahead, Yan Luo, Rui Guo

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


More Than Just Dope: Advocating For Ethical Marijuana Policies In Long-Term Facilities, Kent Steinberg Jan 2021

More Than Just Dope: Advocating For Ethical Marijuana Policies In Long-Term Facilities, Kent Steinberg

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Fewer Of Whom? Climate-Based Population Policies Infringe Marginalized People's Reproductive Autonomy, Rachel L. Zacharias Jan 2021

Fewer Of Whom? Climate-Based Population Policies Infringe Marginalized People's Reproductive Autonomy, Rachel L. Zacharias

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Liberalism's Identity Politics: A Response To Professor Fukuyama, Athena D. Mutua Jan 2020

Liberalism's Identity Politics: A Response To Professor Fukuyama, Athena D. Mutua

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


The Truth Limps After: Sentence Enhancements And The Punishment Paradigm, Wally Hilke Jan 2020

The Truth Limps After: Sentence Enhancements And The Punishment Paradigm, Wally Hilke

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Congressional Administration During The Crack Wars: A Study Of The Sentencing Commission, Smita Ghosh Jan 2020

Congressional Administration During The Crack Wars: A Study Of The Sentencing Commission, Smita Ghosh

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


#Whoami: Harm And Remedy For Youth Of The #Metoo Era, Charisa Smith Jan 2020

#Whoami: Harm And Remedy For Youth Of The #Metoo Era, Charisa Smith

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


A Functional Approach To Municipal Policymaker Determinations In Section 1983, Karen Lott Jan 2020

A Functional Approach To Municipal Policymaker Determinations In Section 1983, Karen Lott

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


State Constitutions And Progressive Crimmigration Reform, Valerie L. Snow Jan 2020

State Constitutions And Progressive Crimmigration Reform, Valerie L. Snow

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Divided We Fall: Parole Supervision Conditions Prohibiting "Inter-Offender" Associations, James M. Binnall Jan 2019

Divided We Fall: Parole Supervision Conditions Prohibiting "Inter-Offender" Associations, James M. Binnall

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Why International Law Should Matter To Black Lives Matter: A Draft Petition To The Inter-American Commission On Human Rights On Behalf Of The Family Of Eric Garner, Laura Goolsby Jan 2018

Why International Law Should Matter To Black Lives Matter: A Draft Petition To The Inter-American Commission On Human Rights On Behalf Of The Family Of Eric Garner, Laura Goolsby

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Positive Disruption: Addressing Race In A Time Of Social Change Through A Team-Taught, Reflection-Based, Ouward-Looking Law School Seminar, Alexi Nunn Freeman, Lindsey Webb Jan 2018

Positive Disruption: Addressing Race In A Time Of Social Change Through A Team-Taught, Reflection-Based, Ouward-Looking Law School Seminar, Alexi Nunn Freeman, Lindsey Webb

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Deconstructing Re-Entry: Idenitfying Issues, Best Practices, And Solutions, Jamil A. Favors Jan 2018

Deconstructing Re-Entry: Idenitfying Issues, Best Practices, And Solutions, Jamil A. Favors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


A Way Out Of The "Rotten Social Background" Stalemate: "Scarcity" And Stephen Morse's Proposed Generic Partial Excuse, Elisabeth Winston Lambert Jan 2018

A Way Out Of The "Rotten Social Background" Stalemate: "Scarcity" And Stephen Morse's Proposed Generic Partial Excuse, Elisabeth Winston Lambert

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


The Force And The Resistance: Why Changing The Police Force Is Neither Inevitable, Nor Impossible, Ryan Cohen Jan 2017

The Force And The Resistance: Why Changing The Police Force Is Neither Inevitable, Nor Impossible, Ryan Cohen

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Willful Intent: U.S. V. Screws And The Legal Strategies Of The Department Of Justice And Naacp, Mia Teitelbaum Jan 2017

Willful Intent: U.S. V. Screws And The Legal Strategies Of The Department Of Justice And Naacp, Mia Teitelbaum

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


The Collateral Consequences Of Acquittal: Employment Discrimination On The Basis Of Arrests Without Convictions, Benjamin D. Geffen Jan 2017

The Collateral Consequences Of Acquittal: Employment Discrimination On The Basis Of Arrests Without Convictions, Benjamin D. Geffen

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


From Mass Incarceration To Mass Control, And Back Again: How Bipartisan Criminal Justice Reform May Lead To A For-Profit Nightmare, Carl Takei Jan 2017

From Mass Incarceration To Mass Control, And Back Again: How Bipartisan Criminal Justice Reform May Lead To A For-Profit Nightmare, Carl Takei

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Human Rights From The Ground Up: Building The First Law School Legal Aid Clinic In Haiti, Kate E. Bloch, Roxane Edmond-Dimanche Jan 2017

Human Rights From The Ground Up: Building The First Law School Legal Aid Clinic In Haiti, Kate E. Bloch, Roxane Edmond-Dimanche

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


A Critique Of The Uniquely Adversarial Nature Of The U.S. Legal, Economic And Political System And Its Implications For Reinforcing Existing Power Hierarchies, Jim Wilets, Areto A. Imoukhuede Jan 2017

A Critique Of The Uniquely Adversarial Nature Of The U.S. Legal, Economic And Political System And Its Implications For Reinforcing Existing Power Hierarchies, Jim Wilets, Areto A. Imoukhuede

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Working It Off: Introducing A Service-Based Child Support Model, Laura Lane-Steele Jan 2016

Working It Off: Introducing A Service-Based Child Support Model, Laura Lane-Steele

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Neighborhood Watch: Invading The Community, Evading Constitutional Limits, Adeoye Johnson Jan 2016

Neighborhood Watch: Invading The Community, Evading Constitutional Limits, Adeoye Johnson

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Habeas Corpus For The Innocent, Stephanie Roberts Hartung Jan 2016

Habeas Corpus For The Innocent, Stephanie Roberts Hartung

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Solitary Confinement In America: Time For Change And A Proposed Model Of Reform, Ariel A. Simms Jan 2016

Solitary Confinement In America: Time For Change And A Proposed Model Of Reform, Ariel A. Simms

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Into The Abyss: The Unintended Consequences Of Death Penalty Abolition, Ross Kleinstuber, Sandra Joy, Elizabeth A. Mansley Jan 2016

Into The Abyss: The Unintended Consequences Of Death Penalty Abolition, Ross Kleinstuber, Sandra Joy, Elizabeth A. Mansley

University of Pennsylvania Journal of Law and Social Change

No abstract provided.