Digital Commons Network^™

The Political Ideologies Of American Lawyers, Adam S. Chilton, Adam Bonica, Maya Sen

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No abstract provided.

Youth/Police Encounters On Chicago's South Side: Acknowledging The Realities, Craig B. Futterman, Chaclyn Hunt, Jamie Kalven

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An Insurance-Based Typology Of Police Misconduct, John Rappaport

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How The Sentencing Commission Does And Does Not Matter In Beckles V. United States, Leah Litman, Luke C. Beasley

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Two years ago, in Johnson v. United States, the Supreme Court held that the so-called “residual clause” of the Armed Career Criminal Act (ACCA) is unconstitutionally vague. Last spring, the Court made this rule retroactive in Welch v. United States. Then in June, the Court granted certiorari in Beckles v. United States to resolve two questions that have split lower courts in the wake of Johnson and Welch: (1) whether an identically worded “residual clause” in a U.S. Sentencing Guideline—known as the career offender Guideline—is unconstitutionally void for vagueness; and (2) if so, whether the rule invalidating the Guideline’s residual …

Applying The Principles Of Rebellious Lawyering To Envision Family Defense, Kara Finck

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The Contours Of Constitutional Approval, Nicholas Stephanopoulos, Mila Versteeg

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From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos

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If there is one person who we can say is most responsible for the legal theory of the disability rights movement, that person is Jacobus tenBroek. Professor tenBroek was an influential scholar of disability law, whose writings in the 1960s laid the groundwork for the disability rights laws we have today. He was also an influential disability rights activist. He was one of the founders and the president for more than two decades of the National Federation of the Blind, one of the first-and for many years undisputedly the most effective-of the organizations made up of people with disabilities that …

Developmental Jurisprudence, Emily Buss

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Rescued From The Grave And Then Covered With Mud: Justice Scalia And The Unfinished Restoration Of The Confrontation Right, Richard D. Friedman

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Some years before his death, when asked which was his favorite among his opinions, Antonin Scalia named Crawford v. Washington. It was a good choice. Justice Scalia's opinion in Crawford reclaimed the Confrontation Clause of the Sixth Amendment to the Constitution and restored it to its rightful place as one of the central protections of our criminal justice system. He must have found it particularly satisfying that the opinion achieved this result by focusing on the historical meaning of the text, and that it gained the concurrence of all but two members of the Court, from all ideological positions.

The Broken-Hearted Lover: Erwin Chemerinsky's Longings For A Mythical Court, Gerald Rosenberg

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The Growing And Broad Nature Of Legal Financial Obligations: Evidence From Court Records In Alabama, Michael Morse, Claire Greenberg, Marc Meredith

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The Use Of Specialized Cybercrime Policing Units: An Organizational Analysis, Dale Willits, Jeffrey Nowacki

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Given the increased focus and importance of cybercrime, some police agencies have turned to the use of specialized cybercrime policing units. Research has yet to examine the how frequently these units are used in policing, nor has research examined the types of agencies most likely to use these units. The current research, drawing on contingency theory, institutional theory, and Maguire’s theory of police organizational structure, uses four waves of Law Enforcement Management and Administrative Survey data to provide a descriptive analysis of specialized cybercrime units with a focus on identifying organizational correlates, environmental pressures, and the role of time. Trend …

An Intersectional Approach To Race/Ethnicity, Sex, And Age Disparity In Federal Sentencing Outcomes: An Examination Of Policy Across Time Periods, Jeffrey Nowacki

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Approaches to intersectionality stress the importance of recognizing multiple, intersecting inequalities. As such, recent sentencing research has examined the changing role of extra-legal characteristics on United States federal sentencing outcomes in the aftermath of recent policy changes (e.g., United States v. Booker), but scholarship has less often examined these characteristics at the intersections of race/ethnicity, gender, and, especially age. This article uses an intersectional approach to examine the influence of these characteristics net of legally-relevant characteristics. Using ordinary-least squares regression procedures, the author examines the role of the joint effects of extra-legal variables on sentence length decisions across four distinct …

Creating (And Teaching) The "Bail-To-Jail" Course, Jerold H. Israel

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Yale Kamisar has explained how events that occurred about fifty years ago led to the creation of a stand-alone criminal procedure course and, a few years later, led to the division of that stand-alone course into two courses. The second of those courses came to be called, almost from the outset, the "Jail-to-Bail" course. My focus today is on why that course was created and how it was shaped. Modern Criminal Procedure, as Yale has noted, was the first coursebook designed for a stand-alone course in criminal procedure. Modern was published in 1966. A year earlier, the first version …

How The Fourth Amendment And The Separation Of Powers Rise (And Fall) Together, Aziz Huq

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Charging On The Margin, Paul Crane

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A Nearly Perfect System For Convicting The Innocent, Albert W. Alschuler

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Judicial Lawmaking And General Principles Of Law In International Criminal Law, Neha Jain

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General principles of law are a primary mechanism for “gap-filling” in international criminal law. However, their interpretation by tribunals has been fitful, contradictory, and misguided. Given that general principles have been used to settle crucial legal issues that affect the rights of the accused, the confusion concerning their application threatens the legitimacy of international criminal justice. This Article critiques the various conceptions of general principles developed by scholars and tribunals based on the criteria of formal and material validity and exposes the problems with their application in light of comparative law and criminal law theory. The Article challenges international criminal …

Seeking Clemency For Inmates Serving Outdated Sentences, Janeanne Murray

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Links Between Depressive Symptoms And Unmet Health And Social Care Needs Among Older Prisoners, Kate O'Hara, Katrina Forsyth, Roger Webb, Jane Senior, Adrian Hayes, David Challis, Seena Fazel, Jenny Shaw

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Background: absolute numbers of older prisoners and their proportion of the total prison population are increasing. They have multiple health and social care needs that are prominent on entry into prison. No previous studies have identifed older prisoners’health and social care needs at this crucial point Objective: to examine unmet health and social care needs among older men entering prison and their links with depressive symptoms.

"The More Things Change . . .": New Moves For Legitimizing Racial Discrimination In A "Post-Race" World, Mario L. Barnes

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Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger

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Opposition to mass incarceration has entered the mainstream. But except in a few states, mass decarceration has not, so far, followed: By the end of 2014 (the last data available), nationwide prison population had shrunk only 3% off its (2009) peak. Jail population, similarly, was down just 5% from its (2008) peak. All told, our current incarceration rate - 7 per 1,000 population - is the same as in 2002, and four times the level in 1970, when American incarceration rates began their rise. Our bloated prisoner population includes many groups of prisoners who are especially likely to face grievous …

Keeping It Real: Why Congress Must Act To Restore Pell Grant Funding For Prisoners, Spearit

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In 1994, Congress passed the Violent Crime Control and Law Enforcement Act (VCCLEA), a provision of which revoked Pell Grant funding “to any individual who is incarcerated in any federal or state penal institution.” This essay highlights the counter-productive effects this particular provision has on penological goals. The essay suggests Congress acknowledge the failures of the ban on Pell Grant funding for prisoners, and restore such funding for all qualified prisoners.

Time-In-Cell: Isolation And Incarceration, Johanna Kalb

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Standing, Politics, And Exhaustion: A Response To Legislative Exhaustion, Heather Elliott

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Professor Michael Sant'Ambrogio's article, Legislative Exhaustion, usefully approaches the problem of "legislative standing" by abandoning the typical Article III standing analysis and making instead a separation-of-powers argument. His theory-that Congress may sue the President only when it has no legislative avenue for addressing its problems-provides both a workable account of and a limiting principle for suits by the legislative branch against the executive. His analysis, however, raises questions regarding the effect of legislative lawsuits on the constitutional balance of powers. This Essay suggests that these questions should be more fully explored before Professor Sant'Ambrogio's approach can be adopted. It concludes …

Reentering Survivors: Invisible At The Intersection Of The Criminal Legal System And The Domestic Violence Movement, Courtney K. Cross

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Like all returning citizens, women coming home after incarceration face significant challenges to successful reentry. In addition to the collateral consequences of their criminal convictions, reentering women also encounter uniquely gendered obstacles. This Article explores one such obstacle: the relationship between women's reentry and domestic violence. Women on probation or parole who are also experiencing domestic violence too often fall into a blind spot in which the structure of community supervision pressures them to remain in unsafe homes and also punishes them when the abuse they endure interferes with their ability to comply with the conditions of their release. Because …

Monroe Freedman: Prophet Of Biblical Justice, Timothy W. Floyd

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Professor Monroe Freedman’s distinctive view of legal ethics was individual autonomy. Professor Freedman’s provocative Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions, and his even more provocative answers, have drawn criticism as being too focused on individual autonomy.

Certainly, Monroe had a profound respect for individual dignity and autonomy, and he readily asserted that respect for individual autonomy was central to his view of legal ethics. In what follows, however, I will suggest that his emphasis on dignity and autonomy were derived from an even deeper commitment to justice. More particularly, Monroe Freedman had a passion for …

On Legal Scholarship: Questions For Judge Harry T. Edwards, Ronald K.L. Collins

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The life of Judge Harry T. Edwards is one very much steeped in writing. His passion dates back at least to his years at Uniondale High School when he was the editor of the school newspaper. In the legal realm, that passion traces back to 1964 and his days on the Michigan Law Review when he published two student Notes. In the half-century since then, Judge Edwards has authored six books and more than 90 scholarly articles or essays. As a lawyer, educator, administrator, arbitrator, and now jurist, Harry Edwards has put his ideas into print concerning an array of …

Privacy, Public Disclosure, Police Body Cameras: Policy Splits, Mary D. Fan

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When you call the police for help—or someone calls the police on you—do you bear the risk that your worst moments will be posted on YouTube for public viewing? Police officers enter some of the most intimate incidences of our lives—after an assault, when we are drunk and disorderly, when someone we love dies in an accident, when we are distraught, enraged, fighting, and more. As police officers around the nation begin wearing body cameras in response to calls for greater transparency, communities are wrestling with how to balance privacy with public disclosure.

This Article sheds light on the balances …

Clientless Prosecutors, Russell M. Gold

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No abstract provided.