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Original Understanding, Punishment, And Collateral Consequences, Brian M. Murray
Original Understanding, Punishment, And Collateral Consequences, Brian M. Murray
University of Pennsylvania Journal of Constitutional Law
Can Founding-era understandings of punishment limit the reach of punitive state activity, specifically with respect to automatic collateral consequences? This Article begins to tackle that question. For over a century, the Supreme Court has struggled to define the boundaries of crime and punishment. Under current doctrine, a deprivation constitutes punishment when it furthers a legislatively assigned penal purpose. A retributive purpose is sufficient, whereas traditionally instrumentalist purposes, such as deterrence, rehabilitation, or incapacitation, are not. Scholars have criticized this framework for several reasons, highlighting its jurisprudential assumptions, philosophical confusion, historical inconsistency, unworkability, complexity, and failure to reflect the essentially punitive …
Challenging Gendered Islamophobia: Empowering Muslim Women Through Cedaw General Recommendation 40 On Leadership, Sarah Kawamleh
Challenging Gendered Islamophobia: Empowering Muslim Women Through Cedaw General Recommendation 40 On Leadership, Sarah Kawamleh
University of Pennsylvania Journal of Law and Public Affairs
This Comment examines the intersection of gendered Islamophobia and the empowerment of Muslim women through the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) General Recommendation 40 on leadership. It begins by addressing the limited understanding regarding Muslim women's experiences within international human rights law frameworks. Through in-depth case studies and analysis, the Comment explores how CEDAW can be utilized to empower Muslim women and combat gendered Islamophobia. It highlights the challenges faced by Muslim women in accessing leadership positions, a struggle that is especially evident in certain countries like France, while also critiquing the limitations …
"The Key-Stone To The Arch": Unlocking Section 13'S Original Meaning, Kevin Bendesky
"The Key-Stone To The Arch": Unlocking Section 13'S Original Meaning, Kevin Bendesky
University of Pennsylvania Journal of Constitutional Law
The Supreme Court of Pennsylvania holds that Section 13 of the State’s constitution, which prohibits all “cruel punishments,” is coextensive with the Eighth Amendment, which prohibits only punishments that are both “cruel and unusual.” Rather than analyze the state provision independently, the court defers to the U.S. Supreme Court’s interpretation of the Eighth Amendment. This, says the court, is because Pennsylvania history does not provide evidence that the Commonwealth’s prohibition differs from the federal one. And without that historical basis, the court believes it is bound by federal precedent. This is mistaken.
History reveals that Pennsylvanians had a distinct, original …
Equal Protection Against Policing, Evan Bernick
Equal Protection Against Policing, Evan Bernick
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Red Codes, Blue Codes? Factors Influencing The Formulation Of Criminal Law Rules, Paul H. Robinson, Hugh Rennie, Clever Earth
Red Codes, Blue Codes? Factors Influencing The Formulation Of Criminal Law Rules, Paul H. Robinson, Hugh Rennie, Clever Earth
University of Pennsylvania Journal of Law and Public Affairs
The U.S. appears to be increasingly politically divided between “red states” and “blue states,” to the point that many public voices on both sides are urging that the country seriously consider separating along a red-blue divide. A range of stark public disagreements over criminal law issues have fed the secession movement. Consider obvious examples such as abortion, decriminalization of marijuana, “stand your ground” statutes, the death penalty, and concealed weapon carry laws. Are red and blue values so fundamentally different that we ought to recognize a reality in which there exists red codes and blue codes?
To answer that question, …
Transportation: The Hidden Right To Exclude, Saleema Snow
Transportation: The Hidden Right To Exclude, Saleema Snow
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Failed Promise Of Installment Fines, Beth Colgan, Jean Galbraith
The Failed Promise Of Installment Fines, Beth Colgan, Jean Galbraith
University of Pennsylvania Law Review
n the 1970s, the Supreme Court prohibited the then-common practice of incarcerating criminal defendants because they lacked the money to immediately pay off their fines and fees. The Court suggested that states could instead put defendants on installment payment plans. As this Article shows, this suggestion came against a backdrop of impressive success stories about installment fines—including earlier experiments in which selected defendants had reliably paid off modest fines through carefully calibrated payment plans. Yet as this Article also shows, installment fines practices of today differ significantly from those early experiments, as lawmakers have increased fine amounts, added on fees, …
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
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 …
The Dangers Of Automated Gunshot Detection, Maneka Sinha
The Dangers Of Automated Gunshot Detection, Maneka Sinha
Journal of Law & Innovation
No abstract provided.
A Weighty Question: Substantial Burden And Free Exercise, Jess Zalph
A Weighty Question: Substantial Burden And Free Exercise, Jess Zalph
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Common Law Constitutionalism And The Protean First Amendment, Ronald J. Krotoszynski Jr.
Common Law Constitutionalism And The Protean First Amendment, Ronald J. Krotoszynski Jr.
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Exigencies, Not Exceptions: How To Return Warrant Exceptions To Their Roots, Michael Gentithes
Exigencies, Not Exceptions: How To Return Warrant Exceptions To Their Roots, Michael Gentithes
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Can States Restrict The Constitutional Right To Bear Arms By Following The Design Of Texas Bill 8?, Amin R. Yacoub, Becky Briggs
Can States Restrict The Constitutional Right To Bear Arms By Following The Design Of Texas Bill 8?, Amin R. Yacoub, Becky Briggs
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Racial Justice: The Failure Of The Warren Court's Criminal Procedure, George C. Thomas Iii
Racial Justice: The Failure Of The Warren Court's Criminal Procedure, George C. Thomas Iii
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Anti-Carceral Human Rights Advocacy, Chi Adanna Mgbako, Nate Johnson, Vivienne Bang Brown, Megan Cheah, Kimya Zahedi
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 …
Insanity-Plea Bargains: A Constitutionally And Practically Good Idea?, Sarah J. Goodman
Insanity-Plea Bargains: A Constitutionally And Practically Good Idea?, Sarah J. Goodman
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Constitutional Whodunnits: Maintaining Section 1983 And Bivens Suits Against Unidentified State Actors, Samuel Rossum
Constitutional Whodunnits: Maintaining Section 1983 And Bivens Suits Against Unidentified State Actors, Samuel Rossum
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Anti-Tenancy Doctrine, Sarah Schindler, Kellen Zale
The Anti-Tenancy Doctrine, Sarah Schindler, Kellen Zale
University of Pennsylvania Law Review
No abstract provided.
Publicizing Corporate Secrets, Christopher J. Morten
Publicizing Corporate Secrets, Christopher J. Morten
University of Pennsylvania Law Review
No abstract provided.
The Conflict Among African American Penal Interests: Rethinking Racial Equity In Criminal Procedure, Trevor G. Gardner
The Conflict Among African American Penal Interests: Rethinking Racial Equity In Criminal Procedure, Trevor G. Gardner
University of Pennsylvania Law Review
No abstract provided.
Campus Policing And Police Reform, A.W. Geisel
Campus Policing And Police Reform, A.W. Geisel
University of Pennsylvania Law Review
No abstract provided.
Status-Based Prosecution: Conflict, Confusion And The Quest For Coherence, John K. Cornwell
Status-Based Prosecution: Conflict, Confusion And The Quest For Coherence, John K. Cornwell
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Education For Learners With Disabilities As A Social Right, Dimitris Anastasiou, Ilias Bantekas
Education For Learners With Disabilities As A Social Right, Dimitris Anastasiou, Ilias Bantekas
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Permissive Interpretation, Richard Re
Permissive Interpretation, Richard Re
University of Pennsylvania Law Review
No abstract provided.
Abstaining From Abstention: Why Younger Abstention Does Not Apply In 42 U.S.C. § 1983 Bail Litigation, Alezeh Rauf
Abstaining From Abstention: Why Younger Abstention Does Not Apply In 42 U.S.C. § 1983 Bail Litigation, Alezeh Rauf
University of Pennsylvania Law Review
No abstract provided.
Breaking The Cycle Of Homelessness And Incarceration: Prisoner Reentry, Racial Justice, & Fair Chance Housing Policy, Tom Stanley-Becker
Breaking The Cycle Of Homelessness And Incarceration: Prisoner Reentry, Racial Justice, & Fair Chance Housing Policy, Tom Stanley-Becker
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
Amazon's Neighborhood Watch, Jackson Eskay
Amazon's Neighborhood Watch, Jackson Eskay
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Eye In The Sky Delivers (And Influences) What You Buy, Hadar Y. Jabotinsky, Michal Lavi
The Eye In The Sky Delivers (And Influences) What You Buy, Hadar Y. Jabotinsky, Michal Lavi
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Who Can Protect Black Protest?, Brandon Hasbrouck
Who Can Protect Black Protest?, Brandon Hasbrouck
University of Pennsylvania Law Review Online
No abstract provided.
Bike Life, Cultural Conflict, And The City, Jordan Konell
Bike Life, Cultural Conflict, And The City, Jordan Konell
University of Pennsylvania Journal of Law and Social Change
No abstract provided.