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Articles 1 - 30 of 47
Full-Text Articles in Entire DC Network
Volume 104, Fall 2020 Masthead
Emerging From Davy Jones’ Locker: The Revival Of Counterclaims Against Government In Civil Forfeiture Actions, Jack B. Harrison, Brendan Sullivan
Emerging From Davy Jones’ Locker: The Revival Of Counterclaims Against Government In Civil Forfeiture Actions, Jack B. Harrison, Brendan Sullivan
Marquette Law Review
The thesis of this Article is that a claimant in a civil forfeiture proceeding can assert a counterclaim against the United States government. This assertion is based upon the scope of the Supplemental Rules and in rem jurisdiction.
Volume 104, Spring 2020 Masthead
What The Numbers Say About How To Reduce Imprisonment: Offenses, Returns, And Turnover, Pamela Oliver
What The Numbers Say About How To Reduce Imprisonment: Offenses, Returns, And Turnover, Pamela Oliver
Marquette Law Review
Reformers across the political spectrum are calling for a rollback of mass incarceration. The U.S. rate of incarceration in state prisons would have to decline by 75% to return to its 1970s level. How might this be accomplished? This Article provides descriptive statistics about the mix of offenses, sentence lengths, and admission types and shows that no single approach can undo mass incarceration. Those classified as violent offenders are a majority of those in prison, but nonviolent offenders are a majority of those entering, leaving, or having been in prison. A majority of those in prison are scheduled to be …
Immigration And Violent Crime: Triangulating Findings Across Diverse Studies, Michael T. Light, Isabel Anadon
Immigration And Violent Crime: Triangulating Findings Across Diverse Studies, Michael T. Light, Isabel Anadon
Marquette Law Review
The dramatic increase in both lawful and unauthorized immigration in recent decades produced a groundswell of research on two questions: (1) Does immigration increase violent crime? and (2) What policy responses are most effective at addressing unauthorized immigration (e.g., sanctuary policies, deportations, etc.)? For the most part, these bodies of work have developed independently, and thus we know little as to whether the insights from one inform the other. This Article fills this gap by first reviewing both areas of research and then triangulating shared findings between them. In doing so, we focus on three contemporary immigration policies: (1) increased …
Violent Crime And Punitiveness: An Empirical Study Of Public Opinion, Michael O'Hear, Darren Wheelock
Violent Crime And Punitiveness: An Empirical Study Of Public Opinion, Michael O'Hear, Darren Wheelock
Marquette Law Review
Evidence suggests that the public favors tough punishment for individuals who have been convicted of violent crimes, but why? In order to better understand the factors that contribute to punitive attitudes toward violent crime, or “V-punitiveness,” we analyze data from a recent survey of Wisconsin voters as a part of the Marquette Law School Poll. In sum, respondents generally supported prison terms for individuals convicted of violent crime, but this support was not unwavering and unconditional. While analysis of these data identified several variables that correspond with higher levels of Vpunitiveness, neither fear of violent crime nor personal experiences were …
How Circuits Can Fix Their Splits, Wyatt G. Sassman
How Circuits Can Fix Their Splits, Wyatt G. Sassman
Marquette Law Review
The desire to avoid conflicts between the regional circuits of the federal courts of appeals, commonly known as “circuit splits,” has had an immense influence on the structure and operation of the federal appellate courts for roughly a century. Over time, the Supreme Court has been assigned responsibility for resolving these conflicts. Yet as overall federal caseloads have increased, this reliance on the Supreme Court has imposed serious and well-recognized burdens on the operation of the federal courts. For decades scholars have debated bold proposals to address these problems, such as creating a new national court dedicated to resolving conflicts …
Corporate Governance And The Omnipresent Specter Of Political Bias, Stefan J. Padfield
Corporate Governance And The Omnipresent Specter Of Political Bias, Stefan J. Padfield
Marquette Law Review
Subject to important qualifications, corporate decision-makers are dutybound to maximize shareholder value. However, there is reason to believe corporate decision-makers are allowing their political biases to corrupt their decision-making. This Essay posits two related fact patterns that should concern advocates of good corporate governance. The first occurs when decision-makers expressly disavow any duty to maximize shareholder value, such as when Apple CEO, Tim Cook, told shareholders, “When we work on making our devices accessible by the blind, I don’t consider the bloody ROI [return on investment],” or when Ed Stack, the chairman and chief executive of Dick’s Sporting Goods, decided …
Property Rights In Celestial Bodies: A Question Of Pressing Concern To All Mankind, Megan Alexa Mackay
Property Rights In Celestial Bodies: A Question Of Pressing Concern To All Mankind, Megan Alexa Mackay
Marquette Law Review
Commercial interest in outer space is increasing, thanks in part to technological developments and private sector investment. Major spacefaring nations—including the United States, China, and Russia—are suddenly having to grapple with issues of space law that have not been so hotly debated since the Cold War. Unfortunately, the foundational document governing the use of outer space and its resources is the Outer Space Treaty from 1967. Written from the perspective of an earlier era and intentionally nonspecific in much of its phrasing, this agreement has stymied the economic development of space resources by its ambiguously worded prohibition on the appropriation …
State Liability For A Mishandled Response: Strategic Remedies On The Heels Of Covid-19, Captain Matthew H. Ormsbee Usaf
State Liability For A Mishandled Response: Strategic Remedies On The Heels Of Covid-19, Captain Matthew H. Ormsbee Usaf
Marquette Law Review
In early 2020, as the novel coronavirus (COVID-19) shocked many health experts and world leaders with its ease of transmission and slow but unyielding spread from Wuhan, China, the initial state response centered on how to contain an epidemic and help those who are infected. Many months later, as some states enjoy a flattened curve following austere social distancing measures, many states may turn their attention from health response to legal response for China’s initial mishandling of the COVID-19 outbreak. China is certainly not alone in implementing containment measures that were not maximally prompt or effective. Still, China occupies a …
Ice Detention Contracts, Third-Party Beneficiary Suits, And Private Contracts In Immigrant Detention, Patrick Kennedy
Ice Detention Contracts, Third-Party Beneficiary Suits, And Private Contracts In Immigrant Detention, Patrick Kennedy
Marquette Law Review
none.
Unconstitutional Parenthood, Jeffrey A. Parness
Safe Money, John Crawford
Safe Money, John Crawford
Marquette Law Review
This Article provides the first comprehensive survey and evaluation of proposed approaches to the central financial reform issue of our era: making all money held in account form “safe,” or non-defaultable, in the same way a dollar bill cannot default. Financial crises are at core a problem of defaultable money; preventing such crises requires making money safe. The goal is eminently achievable; indeed, a number of plausible proposals have been advanced. The project has two aspects: providing better safe money options and eliminating unsafe money. This Article analyzes safe money approaches and concludes that expanding “base” money—that is, direct claims …
Preventing Sexual Violence: Alternatives To Worrying About Recidivism, Eric S. Janus
Preventing Sexual Violence: Alternatives To Worrying About Recidivism, Eric S. Janus
Marquette Law Review
None
Violence Risk Assessment: Current Status And Contemporary Issues, Sarah L. Desmarais, Samantha A. Zottola
Violence Risk Assessment: Current Status And Contemporary Issues, Sarah L. Desmarais, Samantha A. Zottola
Marquette Law Review
Despite the increased use of violence risk assessment instruments in the criminal justice system, they remain the topic of continued discussion and debate. This Article will discuss the state of science and practice as it relates to assessing risk for violent recidivism, highlighting current issues of concern and empirical investigation. We first provide an overview of violence risk assessment and describe the role of violence risk assessments instruments in this process. We then discuss their current status in science and practice, including the accuracy with which violence risk assessment instruments forecast violent recidivism, their impact on criminal justice decisions, and …
The Myth Of Optimal Expectation Damages, Theresa Arnold, Amanda Dixon, Madison Sherrill, Mitu Gulati
The Myth Of Optimal Expectation Damages, Theresa Arnold, Amanda Dixon, Madison Sherrill, Mitu Gulati
Marquette Law Review
A much-debated question in contract law scholarship is what the optimal measure of damages for breach should be. The casebook answer—drawing from the theory of efficient breach—is expectation damages. This standard answer, which was a major contribution of the law and economics field, has come under attack by theoreticians within that field itself. To shed an empirical perspective on the question, we look at data on the types of damages provisions parties contract for themselves in international debt contracts. Specifically, we examine issuer call provisions, which are economically equivalent to damages for prepayment, yet not viewed as legally problematic in …
Reducing Recidivism In Serious And Violent Youthful Offenders: Fact, Fiction, And A Path Forward, Megan Kurlychek, Alysha Gagnon
Reducing Recidivism In Serious And Violent Youthful Offenders: Fact, Fiction, And A Path Forward, Megan Kurlychek, Alysha Gagnon
Marquette Law Review
Since the 1990s, there has been a fear of the serious and violent juvenile offender and the alleged menace they pose to society. In this Article, we begin with some truths about the serious and violent juvenile offender to correct the widespread myths and propaganda that have led to some ill-advised policies. We then define the problem, using research to show how these youth can be identified, even before the onset of their serious offending. We then proceed beyond this fear and offer examples of multiple evidence-based programs that work to guide these youth to regain their future and become …
Violence Reduction Using The Principles Of Risk-Need-Responsivity, Faye S. Taxman
Violence Reduction Using The Principles Of Risk-Need-Responsivity, Faye S. Taxman
Marquette Law Review
Violence presents unique challenges to individuals, communities, and the justice system. The Risk-Need-Responsivity (RNR) model is framed as addressing how to respond to individuals with various forms of violent or violent-related behaviors. The emphasis is on linking individuals to appropriate services and using services and programs that can assist the individuals with learning to manage their aggressive behaviors. Much of the techniques involve addressing situational responses that occur in natural community environments; the models for delivering services and facilitating change tend to be limited to group-based therapy sessions that are not necessarily adaptable to these environmental cues (where emotions and …
Community Supervision And Violent Offenders: What The Research Tells Us And How To Improve Outcomes, Edward J. Latessa, Myrinda Schweitzer
Community Supervision And Violent Offenders: What The Research Tells Us And How To Improve Outcomes, Edward J. Latessa, Myrinda Schweitzer
Marquette Law Review
This Article explores the supervision of violent offenders in the community and reviews the research on effective (and ineffective) practices. Included is a discussion of the scope and diversity of violent offenses, a review of the research related to intermediate sanctions such as intensive supervision and electronic monitoring, as well as the application of the Risk, Need and Responsivity model to community supervision. Finally, the challenges of translating research into practice is discussed along with recommendations on how we can improve community supervision.
Violent Offending, Desistance, And Recidivism, Daniel O'Connell, Christy Visher, Lin Liu
Violent Offending, Desistance, And Recidivism, Daniel O'Connell, Christy Visher, Lin Liu
Marquette Law Review
This Article reviews what is known from the field of criminology about the nature of crime patterns in general, focusing particularly on violence, violent people, and how violence manifests in the lives of individuals who commit crime. Broad consensus exists in the research community that offending careers of individuals who commit crimes vary substantially from person to person. Most people tend to commit non-violent crimes and while many violent offenders recidivate after being released from prison, the majority do not. Moreover, the type of violent crime committed—expressive versus instrumental—may be an important distinction. We draw several conclusions from the research …
Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach", John F. Howard
Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach", John F. Howard
Marquette Law Review
The Sex Offender Registration and Notification Act (SORNA) is in place to protect the public, children especially, from sex offenders. Under SORNA, anyone and everyone convicted of what the law defines as a “sex offense” is required to register as a “sex offender,” providing accurate and up-to-date information on where they live, work, and go to school. Failure to do so constitutes a federal crime punishable by up to ten years imprisonment. But how do federal courts determine whether a particular state-level criminal offense constitutes a “sex offense” under SORNA? Oftentimes when doing comparisons between state and federal law for …
A Theory Of Factfinding: The Logic For Processing Evidence, Kevin M. Clermont
A Theory Of Factfinding: The Logic For Processing Evidence, Kevin M. Clermont
Marquette Law Review
Academics have never agreed on a theory of proof. The darkest corner of anyone’s theory has concerned how legal decisionmakers logically should find facts. This Article pries open that cognitive black box. It does so by employing multivalent logic, which enables it to overcome the traditional probability problems that impeded all prior attempts. The result is the first-ever exposure of the proper logic for finding a fact or a case’s facts.
Legal Responses To Violent Crime: Does Research Support Alternatives To Long-Term Incarceration?, Michael O'Hear
Legal Responses To Violent Crime: Does Research Support Alternatives To Long-Term Incarceration?, Michael O'Hear
Marquette Law Review
None
Growing Up Behind Bars: Pathways To Desistance For Juvenile Lifers, Laura S. Abrams, Kaylyn Canlione, D. Michael Applegarth
Growing Up Behind Bars: Pathways To Desistance For Juvenile Lifers, Laura S. Abrams, Kaylyn Canlione, D. Michael Applegarth
Marquette Law Review
In the wake of the landmark Supreme Court decision Miller vs. Alabama, a variety of state laws have paved the way for the resentencing and potential release of “juvenile lifers.” Desistance theories pertaining to youth with histories of violent offending suggest that a blend of maturation, internal motivation and identity shifts, and opportunities to adopt and fulfill adult roles will lead to cessation of criminal behavior. Yet, these theories may not apply to young people serving life sentences, as they have limited opportunity to adopt adult responsibilities while imprisoned, less motivation to desist if freedom is not viewed as attainable …
The Impact Of Incarceration On The Risk Of Violent Recidivism, Jennifer E. Copp
The Impact Of Incarceration On The Risk Of Violent Recidivism, Jennifer E. Copp
Marquette Law Review
Whether incarceration heightens an individual’s likelihood of recidivating is at the center of prison policy discussions. Yet rigorous empirical studies on the nature of the incarceration—recidivism link are limited. As a whole, existing research suggests that the effect of imprisonment, relative to noncustodial sanctions, is either null or slightly criminogenic. These findings call into question the ability of prisons to exert a specific deterrent effect. They also suggest that prisons are failing to address the underlying causes of recidivism among inmate populations. An important consideration, however, is the extent to which the effects of imprisonment are heterogeneous. The current discussion …
Focused Deterrence Violence Prevention At Community And Individual Levels, Edmund F. Mcgarrell
Focused Deterrence Violence Prevention At Community And Individual Levels, Edmund F. Mcgarrell
Marquette Law Review
The focused deterrence violence prevention model emerged as part of Boston Ceasefire in the mid-1990s. Since that time, solid research evidence has emerged indicating focused deterrence can influence community levels of violence, particularly gang- and group-related violence. It is considered an evidence-based violence reduction strategy. The evidence of the impact on individuals, however, is much more limited and mixed. This Article presents the focused deterrence model, reviews the research evidence and considers the implications for reducing violent recidivism. Several lingering research questions as well as considerations for leveraging focused deterrence along with other recidivism reduction strategies are discussed.
High Risk, Not Hopeless: Correctional Intervention For People At Risk For Violence, Jennifer L. Skeem, Devon L. L. Polaschek
High Risk, Not Hopeless: Correctional Intervention For People At Risk For Violence, Jennifer L. Skeem, Devon L. L. Polaschek
Marquette Law Review
Across the United States, jurisdictions are working to reduce absurdly high incarceration rates without jeopardizing historically low crime rates. Well-validated risk assessment can identify people at low risk who can be managed safely in the community. But what about high-risk people? In this Article, we synthesize research on effective ways to identify and reduce risk of reoffending among people at high risk of recidivism, including people with psychopathic traits. To maximize the impact of criminal justice reform, we recommend that policymakers prioritize high risk clients for treatment, provide treatments most likely to work with these clients, and reframe incarceration as …