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Federalism And Constitutional Criminal Law, Brenner M. Fissell
Federalism And Constitutional Criminal Law, Brenner M. Fissell
Hofstra Law Review
A vast body of constitutional law regulates the way that police investigate crimes and the way that criminal cases are handled at trial. The Supreme Court has imposed far fewer rules regarding what can be a crime in the first place, how it must be defined, and how much it can be punished. What explains this one-sided favoring of “procedure” over “substance?” This Article aims to unearth and assess the justification that the Court itself most often uses when it refuses to place constitutional limits on substantive criminal law: federalism. While the Court often invokes the concept to rationalize its …
Dangerous Intersection: Protecting People With Mental Disabilities From Police Brutality During Arrests Using The Americans With Disabilities Act, Taylor Pugliese
Dangerous Intersection: Protecting People With Mental Disabilities From Police Brutality During Arrests Using The Americans With Disabilities Act, Taylor Pugliese
Hofstra Law Review
No abstract provided.
The Prisonization Of America's Public Schools, Maryam Ahranjani
The Prisonization Of America's Public Schools, Maryam Ahranjani
Hofstra Law Review
Over the past generation, episodes of mass school violence in American public schools have led to the “prisonization” of schools. The problems associated with prisonization practices have been identified and well-documented in the legal literature over the past few years, and they include the school-to-prison pipeline, as well as the over-policing of vulnerable populations like students with disabilities and African-American and Latino children. This piece seeks to contribute to existing literature in two ways. While national attention has turned to the lack of rigorous research on the effectiveness of prisonization practices, and studies are underway to identify whether prisonization practices …
The History Of The Original United States Sentencing Commission, 1985-1987, Brent E. Newton, Dawinder S. Sidhu
The History Of The Original United States Sentencing Commission, 1985-1987, Brent E. Newton, Dawinder S. Sidhu
Hofstra Law Review
An eighteen-month period from the fall of 1985 to the spring of 1987 witnessed the most significant change to the federal criminal justice system in American history. In those eighteen months, the United States Sentencing Commission, a new and novel independent agency in the federal judicial branch, developed sentencing guidelines for all federal judges during the same period when Congress was enacting new mandatory minimum statutory penalties that dramatically increased existing penalties for drug trafficking and firearms offenses. This Article describes this founding era of structured federal sentencing, beginning with the Commission’s first meeting and ending with the transmittal of …
Lessons From Thirty Years Ago, Patti B. Saris, Charles R. Breyer, William H. Pryor Jr., Dabney L. Friedrich, Rachel E. Barkow
Lessons From Thirty Years Ago, Patti B. Saris, Charles R. Breyer, William H. Pryor Jr., Dabney L. Friedrich, Rachel E. Barkow
Hofstra Law Review
No abstract provided.
How Can You Defend Those People, Dean A. Strang
How Can You Defend Those People, Dean A. Strang
Hofstra Law Review
No abstract provided.
Forensic Linguistics: Applying The Science Of Linguistics To Issues Of The Law, Robert A. Leonard, Juliane E. R. Ford, Tanya Karoli Christensen
Forensic Linguistics: Applying The Science Of Linguistics To Issues Of The Law, Robert A. Leonard, Juliane E. R. Ford, Tanya Karoli Christensen
Hofstra Law Review
No abstract provided.
Bringing Sentencing Into The 21st Century: Closing The Gap Between Practice And Knowledge By Introducing Expertise Into Sentencing Law, Mirko Bagaric, Nick Fischer, Gabrielle Wolf
Bringing Sentencing Into The 21st Century: Closing The Gap Between Practice And Knowledge By Introducing Expertise Into Sentencing Law, Mirko Bagaric, Nick Fischer, Gabrielle Wolf
Hofstra Law Review
No abstract provided.