Digital Commons Network^™

The Case For Ehearsay, Jeffrey Bellin

Faculty Publications

No abstract provided.

Future Of The Fourth Amendment: The Problem With Privacy, Poverty And Policing, Kami Chavis Simmons

Faculty Publications

For decades, the reasonable expectation of privacy has been the primary standard by which courts have determined whether a "search" has occurred within the meaning of the Fourth Amendment. The Supreme Court's recent decision in U.S. v. Jones, however, has reinvigorated the physical trespass doctrine's importance when determining whether there has been a "search" triggering constitutional protection. Recognizing the unpredictability of the reasonable expectation of privacy doctrine and that doctrine's bias against the urban poor, many scholars hope that the Jones opinion may ameliorate the class divide that has developed in Fourth Amendment jurisprudence.

This Article argues that while …

The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin

Faculty Publications

New York City sits at the epicenter of an extraordinary criminal justice phenomenon. While employing aggressive policing tactics, such as “stop and frisk,” on an unprecedented scale, the City dramatically reduced both violent crime and incarceration – with the connections between these developments (if any) hotly disputed. Further clouding the picture, in August 2013, a federal district court ruled the City’s heavy reliance on “stop and frisk” unconstitutional. Popular and academic commentary generally highlights isolated pieces of this complex story, constructing an incomplete vision of the lessons to be drawn from the New York experience. This Article brings together all …

Rethinking The Timing Of Capital Clemency, Adam M. Gershowitz

Faculty Publications

This Article reviews every capital clemency over the last four decades. It demonstrates that in the majority of cases, the reason for commutation was known at the conclusion of direct appeals—years or even decades before the habeas process ended. Yet when governors or pardon boards actually commuted the death sentences, they typically waited until the eve of execution, with only days or hours to spare. Leaving clemency until the last minute sometimes leads to many years of unnecessary state and federal habeas corpus litigation, and this Article documents nearly 300 years of wasted habeas corpus review. Additionally, last-minute commutations harm …

Attorney Competence In An Age Of Plea Bargaining And Econometrics, Jeffrey Bellin

Faculty Publications

This Essay explores the concept of attorney competence in a criminal justice system dominated by plea bargaining. It focuses, in particular, on the results of a widely-reported empirical study of Philadelphia murder cases that found “vast” differences in legal outcomes based on the type of defense attorney assigned to the case. The first part of the Essay explores the implications of these empirical findings, which appear to stem from a counter-intuitive form of professional competence, persistence in convincing one’s client to plead guilty. The findings are particularly intriguing in light of the Supreme Court’s recent expansion of ineffective assistance of …

An Ntsb For Capital Punishment, Adam M. Gershowitz

Faculty Publications

When a fatal traffic accident happens, we expect the local police and prosecutors to handle the investigation and criminal charges. When afatal airplane crash occurs, however, we turn instead to the National Transportation Safety Board (NTSB). The reason is that air crashes are complicated and the NTSB has vast expertise. Without that expertise, investigations falter. We need look no further than the mess made by Malaysian authorities in the search for Flight 370 to see the importance of expertise in handling complicated investigations and processes. It is easy to point to a similar series of mistakes by local prosecutors and …

Brief Intervention For Truant Youth Sexual Risk Behavior And Marijuana Use, Richard Dembo, Rhissa Briones-Robinson, Kimberly Barrett, Rocio Ungaro, Ken C. Winters, Steven Belenko, Lora M. Karas, Laura Gulledge, Jennifer Wareham

Faculty Publications

Substance use and sexual risk behaviors are common among adolescents, but research has focused attention on alcohol use. Much less is known about the relationship of marijuana use and sexual risk behavior among high-risk, especially truant, youths. We report interim findings from a NIDA-funded experimental, brief intervention (BI) study involving truant youths and their parents/guardians. Longitudinal data were analyzed to study (1) the relationships between the youths' marijuana use and sexual risk behavior and (2) the effects of a substance use BI on their marijuana use and sexual risk behavior. A growth model analysis for parallel processes was conducted to …

Juries, Social Norms, And Civil Justice, Jason M. Solomon

Faculty Publications

At the root of many contemporary debates and landmark cases in the civil justice system are underlying questions about the role of the civil jury. In prior work, I examined the justifications for the civil jury as a political institution, and found them wanting in our contemporary legal system.

This Article looks closely and critically at the justification for the civil jury as an adjudicative institution and questions the conventional wisdom behind it. The focus is on tort law because the jury has more power to decide questions of law in tort than any other area of law. The Article …

The Wire As A Gap-Filling Class On Criminal Law And Procedure, Adam M. Gershowitz

Faculty Publications

No abstract provided.

Health Equity For All: Sexual And Reproductive Health Needs And Access To Health Services For Adolescents 10–17 Engaged In Selling Sex In Asia Pacific, Brendan M. Conner, Ayesha Mago, Sarah Middleton-Lee

Faculty Publications

No abstract provided.

Systemic Barriers To Effective Assistance Of Counsel In Plea Bargaining, Rodney J. Uphoff, Peter A. Joy

Faculty Publications

In a trio of recent cases, Padilla v. Kentucky, Missouri v. Frye, and Lafler v. Cooper, the U.S. Supreme Court has focused its attention on defense counsel's pivotal role during the plea bargaining process . At the same time that the Court has signaled its willingness to consider ineffective assistance of counsel claims at the plea stage, prosecutors are increasingly requiring defendants to sign waivers that include waiving all constitutional and procedural errors, even unknown ineffective assistance of counsel claims such as those that proved successful in Padilla and Frye. Had Jose Padilla and Galin Frye been forced to sign …

Ubiquitous Privacy, Thomas P. Crocker

Faculty Publications

No abstract provided.

Decades Of Research Shows Adolescents Do Better With Community Service Rather Than Incarceration, Gary L. Hopkins, Duane C. Mcbride, Brent C. Featherston, Peter C. Gleason, Jacqueline Moreno

Faculty Publications

The purpose of this article is to share with the legal community some of what we as social science researchers have learned from our research and the research of others, regarding the health and education benefits of community service among adolescents. In other words, we will attempt to answer the question of whether there are benefits of performing community service to the individuals performing the service, and to describe what these benefits are.

Benefits To Adolescents Who Perform Community Service: A Perspective From Adolescent Health Researchers, Gary Hopkins, Duane C. Mcbride, Brent C. Featherston, Peter C. Gleason, Jacqueline Moreno

Faculty Publications

In the arenas of health, social scientists have learned over the past two decades that engagement in community service among adolescents often result in valuable outcomes. In other words, the persons being served are not the only ones benefiting from the experience, the providers of the service benefit as well. The purpose of this paper is to share with the legal community some of what we as social science researchers have learned from our research and also learned from the research of others in both health and education regarding benefits of community service among adolescents. We also will share with …

Brief Intervention For Truant Youth Sexual Risk Behavior And Alcohol Use: A Parallel Process Growth Model Analysis, Richard Dembo, Rhissa Briones-Robinson, Rocio Ungaro, Kimberly Barrett, Laura Gulledge, Ken C. Winters, Steven Belenko, Lora M. Karas, Jennifer Wareham

Faculty Publications

Truant youths frequently experience family problems, emotional/psychological issues, substance misuse, and delinquency. They are likely engaging in alcohol use and sexual risk behavior at a higher rate than the general youth population. Early intervention services would benefit them, their families, and society. We present interim findings from an ongoing, National Institute on Drug Abuse-funded, experimental, brief intervention (BI) study involving truant youths and their parent/guardians. Baseline, 3-, 6-, and 12-month follow-up data were analyzed to determine whether alcohol use and sexual risk behaviors were longitudinally related, to examine the effects of the BI on alcohol use and sexual risk behaviors, …

“It Is Silly To Hide Your Most Active Patrons”: Exploring User Participation Of Library Space Designs For Young Adults In The United States, Anthony Bernier, Mike Males, Collin Rickman

Faculty Publications

This article advances the first attempt to collect and examine empirical data on young adult (YA) spaces in public libraries from institutions across the United States by surveying current practices in new and renovated buildings. Analysis of an online survey of 257 library and information science (LIS) professionals produced an innovative Youth Participation Index (YPI) used to document the relative intensities of youth involvement in the design and execution of YA spaces. Libraries claiming higher levels of youth participation reported significant quality service improvements across a wide range of outcomes. However, after several decades of advocating for youth involvement in …

From "War On Poverty" To Pro Bono: Access To Justice Remains Elusive For Too Many, Including Our Veterans, Patricia E. Roberts

Faculty Publications

Fifty years ago, President Lyndon B. Johnson launched the War on Poverty. The Legal Services Program of 1965, along with the Legal Services Corporation formed in 1974, considerably increased civil legal aid to America’s poor. Yet today, there is only one legal aid attorney for every 6,415 people living in poverty. Veterans, comprising 4.6%of those living in poverty, often suffer additional obstacles and extensive legal needs, including assistance in obtaining benefits to which they are entitled. While encouraging additional pro bono service among attorneys incrementally increases the availability of legal services to the poor, law school clinics across the country …

Icc Fugitives: The Need For Bespoke Solutions, Beth Van Schaack

Faculty Publications

It is axiomatic that the ICC depends on the cooperation of the international community, including state parties and non-party states alike, to carry out its mandate to prosecute the “most serious crimes of international concern.” Nowhere is this dependency more apparent than with respect to the imperative of gaining custody of the accused. Given the high degree of situational variation, strategies aimed at gaining custody of one fugitive will not necessarily be effective with others. As such, the international community — in coordination with the Court — needs to devise bespoke solutions. This paper discusses the particular circumstances of each …

Innocence Presumed: A New Analysis Of Innocence As A Constitutional Claim, Paige Kaneb

Faculty Publications

The Supreme Court has never resolved whether innocence is a freestanding constitutional claim. Many critics have mistakenly contended that the Court held in 1993 that innocence is not a federal constitutional claim. As a result, much of the literature has failed to recognize that the door for such claims remains open, or that relevant circumstances have changed and thus the constitutional analysis has changed as well.

In the past two decades, a consensus has emerged among states recognizing the right to judicial review of compelling claims of innocence. In the wake of DNA exonerations, the states reacted uniformly in providing …

The United States’ Position On The Extraterritorial Application Of Human Rights Obligations: Give It Up, Beth Van Schaack

Faculty Publications

The extraterritorial application of states’ human rights obligations has emerged as a pressing issue in international human rights law. And, it is destined to remain so given that states are increasingly asserting their power abroad in ways that affect the rights of individuals beyond national borders. As domestic courts, international tribunals, and human rights treaty bodies increasingly confront fact patterns and claims requiring a consideration of whether a particular human rights obligation applies extraterritorially, they have struggled to create a defensible and coherent framework of analysis. This process of doctrinal development and evolution has been decentralized to a certain degree …

A Theory Of Civil Liability, Nathan B. Oman

Faculty Publications

No abstract provided.

Remaking Mexico: Law Reform As Public Policy, Deborah M. Weissman

Faculty Publications

No abstract provided.

Incarceration's Incapacitative Shortcomings, Kevin Bennardo

Faculty Publications

No abstract provided.

The Legal Politics Of The Article 16 Decision: The International Criminal Court, The Un Security Council And Ontologies Of A Contemporary Compromise, Kamari M. Clarke, Sarah-Jane Koulen

Faculty Publications

No abstract provided.

The Constitutional Limit Of Zero Tolerance In Schools, Derek W. Black

Faculty Publications

With the introduction of modern zero tolerance policies, schools now punish much more behavior than they ever have before. But not all the behavior is bad. Schools have expelled the student who brings aspirin or fingernail clippers to campus, who does not know that a keychain knife in his backpack, or who reports having taken away a knife from another student in order to keep everyone safe. Despite challenges to these examples, courts have upheld the suspension and expulsion of this good-faith, innocuous behavior. With little explanation, courts have opined that the Constitution places no meaningful limit on the application …

The Evolution Of Social Work Ethics: Bearing Witness, Frederic G. Reamer

Faculty Publications

The evolution of ethical standards in social work, and conceptual frameworks for examining ethical issues, is among the most compelling developments in the history of the profession. Since the formal inauguration of social work in the late nineteenth century, the profession has moved from relatively simplistic and moralistic perspectives to conceptually rich analyses of ethical issues and ethical guidelines. This article examines the evolution of social work ethics from the profession’s earliest days and speculates about future challenges and directions.

2 Corinthians, David E. Fredrickson

Faculty Publications

No abstract provided.

Rational Choice And Moral Decision-Making In Research, Anita M. Gordon

Faculty Publications

University psychology and sociology researchers rated the likelihood they would engage in misconduct as described in 9 research scenarios, while also making moral judgments and rating the likelihood of discovery and sanctions. Multiple regression revealed significant effects across various scenarios for moral judgment as well as shame and embarrassment on reducing misconduct. The effects on misconduct of the perceived probability of sanctions were conditioned on moral judgments in some scenarios. The results have implications for how universities address the prevention, detection, and sanctioning of research misconduct.

A New Analysis Of Innocence As A Constitutional Claim, Paige Kaneb

Faculty Publications

The Supreme Court has never resolved whether innocence is a freestanding constitutional claim. Some have mistakenly contended that the Court held in 1993 that innocence is not a federal constitutional claim. As a result, much of the literature has failed to recognize that the door for such claims remains open or that relevant circumstances have changed and thus the constitutional analysis has changed as well.

In the past two decades, a consensus has emerged among states recognizing the right to judicial review of compelling claims of innocence. In the wake of DNA exonerations, the states reacted uniformly in providing petitioners …

Material Indifference: How Courts Are Impeding Fair Disclosure In Criminal Cases, Kathleen M. Ridolfi, Tiffany M. Joslyn, Todd H. Fries

Faculty Publications

The integrity of the criminal justice system relies on the guarantees made to the actors operating within it. Critical to the accused is the guarantee of fair process. For the accused, fair process includes not only the right to put on a defense, but to put on a complete defense. The U.S. Supreme Court recognized the importance of this guarantee over 50 years ago, in Brady v. Maryland, when it declared that failure to disclose favorable information violates the constitution when that information is material.This guarantee, however, is frequently unmet.In courtrooms across the nation, accused persons are convicted without ever …