Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 113
Full-Text Articles in Entire DC Network
Investigative Journalism And Counter Terrorism Laws, Clive Walker
Investigative Journalism And Counter Terrorism Laws, Clive Walker
Notre Dame Journal of Law, Ethics & Public Policy
Since terrorism is now perceived as a primary and pervasive threat to state security, many states have adopted broad legal definitions of “terrorism” and, upon that basis, have enacted correspondingly expansive policing powers and criminal offences. As a dramatic instance of how these approaches, which affect major Western jurisdictions such as the U.S. and U.K., this paper will focus on the paradigm case of David Miranda. In August 2013, Miranda was transporting computer materials (including files from security agencies) supplied by Edward Snowden, a former contractor with the U.S. National Security Agency, to journalist Glenn Greenwald to assist ongoing disclosures …
Minors In The Major Leagues: Youth Courts Hit A Home Run For Juvenile Justice, Christina M. Dines
Minors In The Major Leagues: Youth Courts Hit A Home Run For Juvenile Justice, Christina M. Dines
Notre Dame Journal of Law, Ethics & Public Policy
Youth courts provide an efficient—albeit unconventional—alternative to the formal juvenile justice system. Although structures of youth courts vary, the purpose remains the same: to rehabilitate and deter youth offenders in a forum largely governed by their minor peers—one free of the stigma associated with the traditional justice system. This Note examines the expansion of youth courts; various structures of the courts; advantages and disadvantages of a system driven by peer mentorship and peer decision- making; typical sanctions imposed on a juvenile offender; and the wider implications of youth court from an economic and social justice perspective.
Efficiency, Enforcement, And Punishment, Jim Staihar
Efficiency, Enforcement, And Punishment, Jim Staihar
Notre Dame Journal of Law, Ethics & Public Policy
The law and economics literature on punishment reveals strong reasons of efficiency to adopt an extreme enforcement policy for any type of crime as a means to promoting deterrence. Under such an extreme policy, a crime’s severity of punishment would be set extremely high, but its probability of punishment would be set extremely low by minimizing the resources devoted to enforcing the law against the crime. This sort of policy applied to a moderately serious crime, such as a simple assault, would seem strongly unreasonable all things considered. However, it is not immediately obvious why such a policy would be …
Representing The United States Government: Reconceiving The Federal Prosecutor's Role Through A Historical Lens, Scott Ingram
Representing The United States Government: Reconceiving The Federal Prosecutor's Role Through A Historical Lens, Scott Ingram
Notre Dame Journal of Law, Ethics & Public Policy
For nearly 100 years courts and legal scholars have held prosecutors to the “justice” standard, meaning that the prosecutor’s first duty is to ensure that justice is done. With this command, prosecutors have increased their discretion. The modern prosecutor’s power is unrivaled in the criminal justice system. Judges and defense attorneys have ceded some of their power to prosecutors. The prosecutor’s power has led a host of commentators to critique prosecutorial use of power for a variety of reasons. Rather than add to this voluminous literature by defending or critiquing prosecutorial power, this Article challenges the underlying assumption of prosecutorial …
Failure To Protect: Our Civil System's Chronic Punishment Of Victims Of Domestic Violence, Kate Ballou
Failure To Protect: Our Civil System's Chronic Punishment Of Victims Of Domestic Violence, Kate Ballou
Notre Dame Journal of Law, Ethics & Public Policy
This Note examines the effectiveness and enforceability of civil restraining orders in domestic violence cases in the wake of Town of Castle Rock v. Gonzalez, which held that there is no constitutional right to the enforcement of a restraining order. This Note analyzes the impact of Gonzales and the effectiveness of various restraining order statutory schemes more broadly. This Note subsequently addresses that as a result of experiencing continued contact from their attackers, victim mothers are more likely to have their children removed by the state in child welfare proceedings, due to the established presumption in most family courts that …
Criminalization Of Juror Misconduct Arising From Social Media Use, Matthew Aglialoro
Criminalization Of Juror Misconduct Arising From Social Media Use, Matthew Aglialoro
Notre Dame Journal of Law, Ethics & Public Policy
This Essay analyzes criminalization as an alternative solution to juror misconduct arising from social media use, where jury instructions fail to prevent such misconduct. Despite the lack of scholarship on the subject, criminalization is far from a radical solution—California enacted legislation in 2011 that sought to criminalize jurors’ improper use of social media. By criminalizing juror misconduct, states can deter misconduct from occurring while also instilling the importance of the jury institution in the public. At the same time, it is important to be cognizant of objections that judges and jurors may raise. This Essay proceeds in three parts. Part …
Chaidez V. United States - You Can't Go Home Again, Aram A. Gavoor, Justin M. Orlosky
Chaidez V. United States - You Can't Go Home Again, Aram A. Gavoor, Justin M. Orlosky
Notre Dame Journal of Law, Ethics & Public Policy
This article examines a 2013 Supreme Court decision, Chaidez v. United States, in which the Court declined to apply retroactively another recent decision, Padilla v. Kentucky. To many observers, Chaidez appears to be a discrete departure from previous Sixth Amendment right to counsel jurisprudence. On a personal level, noncitizens who pled guilty to a crime without being apprised of the plea’s removal risks are now unable to seek redress under Padilla and return to their homes in the United States. This article examines relevant Sixth Amendment and retroactivity jurisprudence and proposes an explanation for the Court’s apparent aboutface.
Risk, Uncertainty, And "Super-Risk", José Luis Bermúdez, Michael S. Pardo
Risk, Uncertainty, And "Super-Risk", José Luis Bermúdez, Michael S. Pardo
Notre Dame Journal of Law, Ethics & Public Policy
Risk is a pervasive feature of law and public policy. Decision-making in these domains often takes place in the absence of certainty and with awareness that errors may be made and predictions may fail. Within law—as within the social and physical sciences, medicine, economics, finance, and countless other domains—a primary focus of practical and scholarly inquiries is the extent to which risks can be measured and managed. In each of these domains, risk analysis typically employs the basic tools of decision theory (probability and utility) to measure the likelihood as well as the costs and benefits associated with possible outcomes. …
The Corporate Criminal Defendant's Illusory Right To Trial: A Proposal For Reform, John N. Gallo, Daniel M. Greenfield
The Corporate Criminal Defendant's Illusory Right To Trial: A Proposal For Reform, John N. Gallo, Daniel M. Greenfield
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
When Moral Reasoning And Ethics Training Fail: Reducing White Collar Crime Through The Control Of Opportunities For Deviance, Cynthia A. Koller, Laura A. Patterson, Elizabeth B. Scalf
When Moral Reasoning And Ethics Training Fail: Reducing White Collar Crime Through The Control Of Opportunities For Deviance, Cynthia A. Koller, Laura A. Patterson, Elizabeth B. Scalf
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Eliminating Overlap, Or Creating A Gap? Judicial Interpretation Of The Private Securities Litigation Reform Act Of 1995 And Rico, G. Robert Blakey, Michael Gerardi
Eliminating Overlap, Or Creating A Gap? Judicial Interpretation Of The Private Securities Litigation Reform Act Of 1995 And Rico, G. Robert Blakey, Michael Gerardi
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
The Price Of Justice: Deferred Prosecution Agreements In The Context Of Iranian Sanctions, Kristie Xian
The Price Of Justice: Deferred Prosecution Agreements In The Context Of Iranian Sanctions, Kristie Xian
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
White Collar Crime: What It Is And Where It's Going, Gerald Cliff, Christian Desilets
White Collar Crime: What It Is And Where It's Going, Gerald Cliff, Christian Desilets
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Limiting The Use Of Expunged Offenses In Bar And Law School Admission Processes: A Case For Not Creating Unnecessary Problems, Mitchell M. Simon
Limiting The Use Of Expunged Offenses In Bar And Law School Admission Processes: A Case For Not Creating Unnecessary Problems, Mitchell M. Simon
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
The Virtue Of Mandatory Disclosure, Matthew A. Edwards
The Virtue Of Mandatory Disclosure, Matthew A. Edwards
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Equal Protection In A Mean World: Why Judge Cahill Was Right In United States V. Clary, Melissa C. Brown
Equal Protection In A Mean World: Why Judge Cahill Was Right In United States V. Clary, Melissa C. Brown
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Culpability And Sentencing Under Mandatory Minimums And The Federal Sentencing Guidelines: The Punishment No Longer Fits The Criminal, Karen Lutjen
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
The Guilty But Mentally Ill Verdict: Political Expediency At The Expense Of Moral Principle, Mark A. Woodmansee
The Guilty But Mentally Ill Verdict: Political Expediency At The Expense Of Moral Principle, Mark A. Woodmansee
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Battered Children Who Kill: Developing An Appropriate Legal Response, Catherine S. Ryan
Battered Children Who Kill: Developing An Appropriate Legal Response, Catherine S. Ryan
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Criminal Forfeiture Of Attorney's Fees Under Rico And Cce, Lincoln Stone
Criminal Forfeiture Of Attorney's Fees Under Rico And Cce, Lincoln Stone
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Ordering The Purposes Of Sentencing: A Prologue To Guidelines, Ernest W. Schoellkopff
Ordering The Purposes Of Sentencing: A Prologue To Guidelines, Ernest W. Schoellkopff
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Motive Testimony And A Civil Disobedience Justification, Martin C. Loesch
Motive Testimony And A Civil Disobedience Justification, Martin C. Loesch
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Answering The Critics Of Drug Legalization, James Ostrowski
Answering The Critics Of Drug Legalization, James Ostrowski
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Nadelmann's Response, Ethan A. Nadelmann
Nadelmann's Response, Ethan A. Nadelmann
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Drug Prohibition In The United States: Costs, Consequences, And Alternatives, Ethan A. Nadelmann
Drug Prohibition In The United States: Costs, Consequences, And Alternatives, Ethan A. Nadelmann
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
A Limited Role For The Legal System In Responding To Maternal Substance Abuse During Pregnancy, John E.B. Myers
A Limited Role For The Legal System In Responding To Maternal Substance Abuse During Pregnancy, John E.B. Myers
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Youth Investment And Community Reconstruction: Street Lessons On Drugs And Crime, The Milton S. Eisenhower Foundation
Youth Investment And Community Reconstruction: Street Lessons On Drugs And Crime, The Milton S. Eisenhower Foundation
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
The Effect Of Juvenile Offender Treatment Programs On Recidivism: A Meta-Analysis Of 46 Studies, Albert R. Roberts, Michael J. Camasso
The Effect Of Juvenile Offender Treatment Programs On Recidivism: A Meta-Analysis Of 46 Studies, Albert R. Roberts, Michael J. Camasso
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Rehabilitating The Juvenile Court, Charles E. Springer
Rehabilitating The Juvenile Court, Charles E. Springer
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Mandatory Aids Testing: The Legal, Ethical And Practical Issues, A. Alyce Werdel
Mandatory Aids Testing: The Legal, Ethical And Practical Issues, A. Alyce Werdel
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.