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Full-Text Articles in Law
An Empirical Study Of The Nation's First Court Animal Advocate Law, Jessica Rubin, Tara Cooley
An Empirical Study Of The Nation's First Court Animal Advocate Law, Jessica Rubin, Tara Cooley
Faculty Articles and Papers
No abstract provided.
Pretrial Disparity And The Consequences Of Money Bail, Miguel De Figueiredo, Dane Thorley
Pretrial Disparity And The Consequences Of Money Bail, Miguel De Figueiredo, Dane Thorley
Faculty Articles and Papers
Catalyzed by the Black Lives Matter protests in 2020, support for criminal justice reform in the United States has become a groundswell, with reformers demanding an end to racial and socioeconomic disparities in all aspects of policing, prosecution, adjudication, and incarceration. While high-profile cases of police misconduct during arrest remain in the limelight, a growing and politically diverse chorus of voices is calling for change at the first point of contact between a defendant and the court system: the bail hearing. Bail decisions are highly consequential in terms of their scale and impact on the lives of defendants, their families, …
Rethinking The Relationship Between Punishment And Policing, Kiel Brennan-Marquez
Rethinking The Relationship Between Punishment And Policing, Kiel Brennan-Marquez
Faculty Articles and Papers
Responding to Gabriel Mendlow, Why Is it Wrong To Punish Thought?, 127 YALE L. J. 2342 (2018).
Book Review, Thomas Morawetz
Book Review, Thomas Morawetz
Faculty Articles and Papers
Reviewing Daniel S. Medwed ed., Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent, Cambridge: Cambridge University Press, 2017 and Sharon Dolovich and Alexandra Natapoff eds., The New Criminal Justice Thinking, New York: New York University Press, 2017.
Big Data Policing And The Redistribution Of Anxiety, Kiel Brennan-Marquez
Big Data Policing And The Redistribution Of Anxiety, Kiel Brennan-Marquez
Faculty Articles and Papers
By equipping police with data, what are we trying to accomplish? Certain answers ring familiar. For one thing, we are trying to make criminal justice decisions, plagued as they often are by inaccuracy and bias, more refined. For another, we are trying to boost the efficiency of governance institutions-police departments, prosecutor's offices, municipal courts-that operate under the pall of scarcity.
For the moment, I want to put answers like these to one side; not because they are wrong, but because they seem like only part of the story. Another goal of big data policing, in addition to those just described, …
Throw Away The Jail Or Throw Away The Key? The Effect Of Punishment On Recidivism And Social Cost, Miguel De Figueiredo
Throw Away The Jail Or Throw Away The Key? The Effect Of Punishment On Recidivism And Social Cost, Miguel De Figueiredo
Faculty Articles and Papers
"We jail too many people and it costs too much. Incarceration is not only expensive, it also is prone to ""hardening"" and negative peer learning effectshat may increase recidivism. With local, state, and federal budgets at a breaking point, politicians and regulators are increasingly considering alternative approaches to preventing crime. Yet, they face a problem. Studies show that incapacitation is a successful way of reducing crime, yet most scholars and policymakers think that the only way to incapacitate is to incarcerate. This study demonstrates that this assumption is problematic, arguing that we should understand incapacitation along a continuum, with incarceration …
A Quite Principled Conceit, Kiel Brennan-Marquez
A Quite Principled Conceit, Kiel Brennan-Marquez
Faculty Articles and Papers
A Response to Jed Rubenfeld, The Riddle of Rape-by Deception and the Myth of Sexual Autonomy, 122 Yale L J 1372 (2013).
Developments In Connecticut Criminal Law: 2008, Timothy Everett
Developments In Connecticut Criminal Law: 2008, Timothy Everett
Faculty Articles and Papers
No abstract provided.
Developments In Connecticut Criminal Law: 2007, Timothy Everett
Developments In Connecticut Criminal Law: 2007, Timothy Everett
Faculty Articles and Papers
No abstract provided.
Developments In Connecticut Criminal Law: 2006, Timothy Everett
Developments In Connecticut Criminal Law: 2006, Timothy Everett
Faculty Articles and Papers
No abstract provided.
Causing Death For Compassionate Reasons In American Law, Richard Kay
Causing Death For Compassionate Reasons In American Law, Richard Kay
Faculty Articles and Papers
This essay, a revised version of the United States report on Euthanasia to be presented at the XVII International Congress of Comparative Law, surveys the state of the law, both decisional and statutory, on the permissibility of compassionately motivated actions to terminate human life. It deals with a range of legal categories: suicide, attempted suicide, euthanasia, assisted suicide and the termination of life-sustaining treatment. It highlights the deeply ambivalent attitudes held toward these actions in contemporary America and how this ambivalence has resulted in obscure and artificial distinctions.
On The Value Of Prison Visits With Incarcerated Clients Represented On Appeal By A Law School Criminal Defense Clinic, Timothy Everett
On The Value Of Prison Visits With Incarcerated Clients Represented On Appeal By A Law School Criminal Defense Clinic, Timothy Everett
Faculty Articles and Papers
No abstract provided.
Retroactivity: What Can We Learn From The Odd Case Of Michael Skakel, Lewis Kurlantzick
Retroactivity: What Can We Learn From The Odd Case Of Michael Skakel, Lewis Kurlantzick
Faculty Articles and Papers
No abstract provided.
Developments In Connecticut Criminal Law: 2005, Timothy Everett
Developments In Connecticut Criminal Law: 2005, Timothy Everett
Faculty Articles and Papers
No abstract provided.
Post- Gideon Developments In Law And Lawyering, Timothy Everett
Post- Gideon Developments In Law And Lawyering, Timothy Everett
Faculty Articles and Papers
No abstract provided.
Adam, Eve, And Emma: On Criminal Responsibility And Moral Wisdom, Thomas Morawetz
Adam, Eve, And Emma: On Criminal Responsibility And Moral Wisdom, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Allocating Resources Among Prisons And Social Programs In The Battle Against Crime, Peter Siegelman, John J. Donohue Iii
Allocating Resources Among Prisons And Social Programs In The Battle Against Crime, Peter Siegelman, John J. Donohue Iii
Faculty Articles and Papers
This article evaluates the cost and crime-reducing potential of prisons and social spending, setting forth the conditions under which a shift in resources from an expanding prison population into social spending would lead to a reduction in total crime. Preschool enrichment programs coupled with family intervention have generated impressive results in reducing crime in a number of different studies. Targeting of resources toward those children most at risk of criminal behavior is necessary to generate cost-effective crime reduction, but this may be difficult to achieve because of political or constitutional constraints. Given precise targeting, and if a broadly implemented preschool …
The Utility Of International Criminal Courts, Mark Weston Janis
The Utility Of International Criminal Courts, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
Undead Laws: The Use Of Historically Unenforced Criminal Statutes In Non-Criminal Litigation, Hillary Greene
Undead Laws: The Use Of Historically Unenforced Criminal Statutes In Non-Criminal Litigation, Hillary Greene
Faculty Articles and Papers
Long after criminal laws have lost their vigor in the context for which they were drafted, they may rise again elsewhere. The American legal system has yet to develop a coherent policy delineating when or if historically unenforced penal statutes can be invoked in non-penal contexts. This issue is particularly evident in cases where the relevant laws are caught between shifting moral sentiments. Fornication, for example, remains illegal in many states,' but it is rarely prosecuted. Should one of the participants in this criminal act contract a sexually transmitted disease and sue her partner in tort, however, these disused statutes …
Fantasy, Celebrity, And Homicide, Thomas Morawetz
Fantasy, Celebrity, And Homicide, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Imagining Justice: Aesthetics And Public Executions In Late Eighteenth-Century England, Steven Wilf
Imagining Justice: Aesthetics And Public Executions In Late Eighteenth-Century England, Steven Wilf
Faculty Articles and Papers
No abstract provided.
Plea Bargaining And The Supreme Court, Loftus Becker
Plea Bargaining And The Supreme Court, Loftus Becker
Faculty Articles and Papers
No abstract provided.
Reconstructing The Criminal Defenses: The Significance Of Justification, Thomas Morawetz
Reconstructing The Criminal Defenses: The Significance Of Justification, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
To Have And To Hold: The Marital Rape Exemption And The Fourteenth Amendment, Anne Dailey
To Have And To Hold: The Marital Rape Exemption And The Fourteenth Amendment, Anne Dailey
Faculty Articles and Papers
No abstract provided.
The Recognition And Enforcement Of Foreign Law: The Antelope's Penal Law Exception, Mark Weston Janis
The Recognition And Enforcement Of Foreign Law: The Antelope's Penal Law Exception, Mark Weston Janis
Faculty Articles and Papers
In 1825, Chief Justice Marshall held in The Antelope that (t)he courts of no country execute the penal laws of another. Since then, United States Courts have painstakingly crafted a variety of definitions of the word penal in order to help determine when and when not they should apply foreign laws or execute foreign judgments which conceivably might be characterized as penal. Much of their hairsplitting analysis might have been avoided if American judges and commentators had looked behind Marshall's phrase to see its foundations in law and policy. After reviewing the accepted wisdom about The Antelope's penal law exception, …
Model Of Criminal Process Game Theory And Law, Robert Birmingham
Model Of Criminal Process Game Theory And Law, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
The War Crimes Trial: A Second Look, Robert Birmingham
The War Crimes Trial: A Second Look, Robert Birmingham
Faculty Articles and Papers
No abstract provided.