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Articles 31 - 60 of 1326
Full-Text Articles in Entire DC Network
Algorithmic Grey Holes, Alicia G. Solow-Niederman
Algorithmic Grey Holes, Alicia G. Solow-Niederman
Journal of Law & Innovation
No abstract provided.
Understanding Criminal Justice Innovations, Meghan J. Ryan
Understanding Criminal Justice Innovations, Meghan J. Ryan
Journal of Law & Innovation
No abstract provided.
Emerging Technology’S Language Wars: Ai And Criminal Justice, Carla L. Reyes
Emerging Technology’S Language Wars: Ai And Criminal Justice, Carla L. Reyes
Journal of Law & Innovation
No abstract provided.
Out Of Sight, Out Of Mind: Removing Unhoused People By Proxy Of Mental Illness, Carl Wu
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
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 …
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.
Challenging The Constitutionality Of Qualified Immunity, Taylor Kordsiemon
Challenging The Constitutionality Of Qualified Immunity, Taylor Kordsiemon
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Let's Talk About Sex (Work): The Irony Of Partial Decriminalization Of Sex Work, Linda S. Anderson
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.
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.
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.
Fugitives From Slavery And The Lost History Of The Fourth Amendment, Michael J. Zydney Mannheimer
Fugitives From Slavery And The Lost History Of The Fourth Amendment, Michael J. Zydney Mannheimer
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.
The Unfinished Revolution For Immigrant Civil Rights, Allison B. Tirres
The Unfinished Revolution For Immigrant Civil Rights, Allison B. Tirres
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
(Re)Constructing An International Crime: Interpreting Sexual Victimhood In The Rohingya Genocide And Beyond, David Eichert
(Re)Constructing An International Crime: Interpreting Sexual Victimhood In The Rohingya Genocide And Beyond, David Eichert
University of Pennsylvania Journal of International Law
This Article argues that legal actors use narratives of gendered violence to generate intelligible victimhood categories when investigating and prosecuting sexual harm. Building upon several critical legal traditions, I argue that lawyers working on issues of sexual violence are constantly engaged in a dual process of interpretation wherein they attempt to confirm (1) if a sexual crime has occurred, and (2) whether the crime is severe enough to deserve inclusion in justice efforts. Instead of understanding this process as a simple “investigation” into a pre-existing reality, I argue that legal actors constitute both the crime and the identities of the …
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.
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.
Restoration, Retribution, And Sexual Assault: The Value Of Apologies, Kristen M. Marino
Restoration, Retribution, And Sexual Assault: The Value Of Apologies, Kristen M. Marino
University of Pennsylvania Law Review
Winner of THE 2023 HENRY C. LOUGHLIN PRIZE, to the student writing the best paper on legal ethics.
Problematic Presumptions: Why The Current State Of Felon-In-Possession Law Risks Punishing The Innocent, Jordan Cohen-Kaplan
Problematic Presumptions: Why The Current State Of Felon-In-Possession Law Risks Punishing The Innocent, Jordan Cohen-Kaplan
University of Pennsylvania Law Review
No abstract provided.
Transgender Constitutional Law, Katie Eyer
Transgender Constitutional Law, Katie Eyer
University of Pennsylvania Law Review
No abstract provided.
Selected Bibliography For Toll Public Interest Center Public Interest Week, November 14-18, 2022, Biddle Law Library
Selected Bibliography For Toll Public Interest Center Public Interest Week, November 14-18, 2022, Biddle Law Library
Law School Lectures, Addresses, Conferences, and Workshops
No abstract provided.
Racism, Abolition, And Historical Resemblance, Dorothy E. Roberts
Racism, Abolition, And Historical Resemblance, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Penn Law Journal: The Surge In Experiential Learning
Penn Law Journal: The Surge In Experiential Learning
The Journal
No abstract provided.
Beyond Guantanamo: Restoring The Rule Of Law To The Law Of War, Claire Oakes Finkelstein, Harvey Rishikof
Beyond Guantanamo: Restoring The Rule Of Law To The Law Of War, Claire Oakes Finkelstein, Harvey Rishikof
All Faculty Scholarship
In June 2021, CERL assembled a working group to address the difficult legal and policy questions that arise in anticipation of renewed attempts to close the Guantánamo detention facility. The CERL 2021 Working Group on Guantánamo Bay is co-chaired by Claire Finkelstein, a professor of criminal and national security law at the University of Pennsylvania and CERL’s faculty director, and Harvey Rishikof, former convening authority for the commissions and a visiting professor of national security law at Temple University. The group comprises over thirty national security and counterterrorism experts, retired military officers, lawyers, former Department of Justice officials, psychologists, psychiatrists, …
Qualifying Prosecutorial Immunity Through Brady Claims, Paul Heaton, Brian M. Murray, Jon B. Gould
Qualifying Prosecutorial Immunity Through Brady Claims, Paul Heaton, Brian M. Murray, Jon B. Gould
All Faculty Scholarship
This Article considers the soundness of the doctrine of absolute immunity as it relates to Brady violations. While absolute immunity serves to protect prosecutors from civil liability for good-faith efforts to act appropriately in their official capacity, current immunity doctrine also creates a potentially large class of injury victims—those who are subjected to wrongful imprisonment due to Brady violations—with no access to justice. Moreover, by removing prosecutors from the incentive-shaping forces of the tort system that are thought in other contexts to promote safety, absolute immunity doctrine may under-incentivize prosecutorial compliance with constitutional and statutory requirements and increase criminal justice …
Race And Regulation Podcast Episode 5 - Racial Equity And Data Privacy, Anita L. Allen
Race And Regulation Podcast Episode 5 - Racial Equity And Data Privacy, Anita L. Allen
Penn Program on Regulation Podcasts
In this episode, Anita Allen, an internationally renowned expert on the philosophical dimensions of privacy and data protection law, reveals how race-neutral privacy laws in the U.S. have failed to address the unequal burdens faced online by Black Americans, whose personal data are used in racially discriminatory ways. Professor Allen articulates what she terms an African American Online Equity Agenda to guide the development of race-conscious privacy regulations that can better promote racial justice in the modern digital economy.
Police Frisks, David S. Abrams, Hanming Fang, Priyanka Goonetilleke
Police Frisks, David S. Abrams, Hanming Fang, Priyanka Goonetilleke
All Faculty Scholarship
The standard economic model of police stops implies that the contraband hit rate should rise when the number of stops falls, ceteris paribus. We provide empirical corroboration of such optimizing models of police behavior by examining changes in stops and frisks around two extraordinary events of 2020 - the pandemic onset and the nationwide protests following the killing of George Floyd. We find that hit rates from pedestrian and vehicle stops generally rose as stops and frisks fell dramatically. Using detailed data, we are able to rule out a number of alternative explanations, including changes in street population, crime, police …
Penn Law Journal: Civil Injustice
#Wetoo, Kimberly Kessler Ferzan
#Wetoo, Kimberly Kessler Ferzan
All Faculty Scholarship
The #MeToo movement has caused a widespread cultural reckoning over sexual violence, abuse, and harassment. “Me too” was meant to express and symbolize that each individual victim was not alone in their experiences of sexual harm; they added their voice to others who had faced similar injustices. But viewing the #MeToo movement as a collection of singular voices fails to appreciate that the cases that filled our popular discourse were not cases of individual victims coming forward. Rather, case after case involved multiple victims, typically women, accusing single perpetrators. Victims were believed because there was both safety and strength in …
Conspiracy, Complicity, And The Scope Of Contemplated Crime, Kimberly Ferzan
Conspiracy, Complicity, And The Scope Of Contemplated Crime, Kimberly Ferzan
All Faculty Scholarship
One of the leading casebooks for the first-year Criminal Law course begins the mens rea discussion with Regina v. Cunningham.1 Cunningham, in need of money, decided to rip the gas meter off the residential gas pipe in his soon-to-be basement to steal the shillings inside. That Cunningham was guilty of theft was uncontroversial. The problem was that Cunningham did not turn off the gas, and it seeped into the adjacent home, partially asphyxiating the neighbor, Sarah Wade. Although the case is technically about the interpretation of the word “maliciously” in the Offences against the Person Act, the lesson students are …