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Articles 1 - 15 of 15
Full-Text Articles in Entire DC Network
Restorative Justice: Uplifting Human Rights For The Marginalized, Vulnerable, Victimized, And The United States As A Whole, Meghana Vodela
Restorative Justice: Uplifting Human Rights For The Marginalized, Vulnerable, Victimized, And The United States As A Whole, Meghana Vodela
Human Rights Brief
No abstract provided.
When Jail & Prison Sentences Become Death Sentences: How Willfully Exposing Incarcerated Persons To Covid-19 Amounts To Cruel & Unusual Punishment, Arielle Aboulafia
When Jail & Prison Sentences Become Death Sentences: How Willfully Exposing Incarcerated Persons To Covid-19 Amounts To Cruel & Unusual Punishment, Arielle Aboulafia
Human Rights Brief
Eric Warner called his older brother Hank from San Quentin State Prison almost every Sunday. Though the prison only allowed the brothers to speak for fifteen minutes each week, the two spoke about their lives. In June 2021, Eric stopped calling, and Hank became worried. Hank tried to get in touch with the prison. However, his calls were met with a dead-end voicemail each time. He recalls that he “knew, by not hearing anything, that something was not good.” The following month, prison personnel returned Hank’s calls and told him that his brother Eric had been hospitalized. Later that month, …
Gundy And The Civil-Criminal Divide, Jenny M. Roberts
Gundy And The Civil-Criminal Divide, Jenny M. Roberts
Articles in Law Reviews & Other Academic Journals
It could have been the case that declared “most of Government ... unconstitutional,” by reviving a robust application of the doctrine that prohibits Congress from delegating its law-making power to the other branches. At least that is what many awaiting the Court’s widely-anticipated 2019 decision in Gundy v. United States believed, after the Court agreed to decide whether “Congress unconstitutionally delegated legislative power when it authorized the Attorney General to ‘specify the applicability’ of [the federal Sex Offender Registration and Notification Act]’s registration requirements to pre-Act offenders.” Gundy did not deliver on its potential to upend the administrative state. Instead, …
How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez
How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention, Jennifer Daskal
Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
This Article exposes the ways in which noncustodial pre-crime restraints have proliferated over the past decade, focusing in particular on three notable examples — terrorism-related financial sanctions, the No Fly List, and the array of residential, employment, and related restrictions imposed on sex offenders. Because such restraints do not involve physical incapacitation, they are rarely deemed to infringe core liberty interests. Because they are preventive, not punitive, criminal law procedural protections do not apply. They have exploded largely unchecked — subject to little more than bare rationality review and negligible procedural protections — and without any coherent theory as to …
Punishments In Penal Institutions: (Dis)-Proportionality In Isolation, Jacob Zoghlin
Punishments In Penal Institutions: (Dis)-Proportionality In Isolation, Jacob Zoghlin
Human Rights Brief
No abstract provided.
Crashing The Misdemeanor System, Jenny M. Roberts
Crashing The Misdemeanor System, Jenny M. Roberts
Articles in Law Reviews & Other Academic Journals
With “minor crimes” making up more than 75% of state criminal caseloads, the United States faces a misdemeanor crisis. Although mass incarceration continues to plague the nation, the current criminal justice system is faltering under the weight of misdemeanor processing.
Operating under the “broken windows theory,” which claims that public order law enforcement prevents more serious crime, the police send many petty offenses to criminal court. This is so even though the original authors of the theory noted that “[o]rdinarily, no judge or jury ever sees the persons caught up in a dispute over the appropriate level of neighborhood order” …
The Death Penalty And The Absolute Prohibition Of Torture And Cruel, Inhuman, And Degrading Treatment Or Punishment, Juan E. Mendez
The Death Penalty And The Absolute Prohibition Of Torture And Cruel, Inhuman, And Degrading Treatment Or Punishment, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Unsportsmanlike Conduct: Curbing The Trend Of Domestic Violence In The National Football League And Major League Baseball, Brant Webb
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Punishing Court Docket, Stephen Wermiel
A Punishing Court Docket, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
When Human Experimentation Is Criminal, Song Richardson
When Human Experimentation Is Criminal, Song Richardson
Articles in Law Reviews & Other Academic Journals
Medical researchers engaged in human experimentation commit criminal acts seemingly without consequence. Whereas other actors who violate bodily integrity and autonomy are routinely penalized with convictions for assault, fraud, and homicide, researchers escape criminal punishment. This Article begins to scrutinize this undercriminalization phenomenon and provides a framework for understanding why researchers are not prosecuted for their crimes. It argues that their exalted social status, combined with the perceived social benefit of their research, immunizes them from use of the criminal sanction. Whether these constitute sufficient grounds to give researchers a pass from punishment is a significant question because the state's …
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Violence Against Women: Translating International Advocacy Into Concrete Change Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health , Lori L. Heise
American University Law Review
No abstract provided.
Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher
Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser
Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser
Articles in Law Reviews & Other Academic Journals
No abstract provided.