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Articles 1 - 30 of 115
Full-Text Articles in Law
The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig
The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig
All Faculty Scholarship
For more than half a century, the retributivists and the crime-control instrumentalists have seen themselves as being in an irresolvable conflict. Social science increasingly suggests, however, that this need not be so. Doing justice may be the most effective means of controlling crime. Perhaps partially in recognition of these developments, the American Law Institute's recent amendment to the Model Penal Code's "purposes" provision – the only amendment to the Model Code in the 47 years since its promulgation – adopts desert as the primary distributive principle for criminal liability and punishment. That shift to desert has prompted concerns by two …
Hope And Betrayal On Death Row, David Cole
Hope And Betrayal On Death Row, David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Annotated Bibliography On Independent Prison Oversight, Michele Deitch
Annotated Bibliography On Independent Prison Oversight, Michele Deitch
Pace Law Review
No abstract provided.
Independent Correctional Oversight Mechanisms Across The United States: A 50-State Inventory, Michele Deitch
Independent Correctional Oversight Mechanisms Across The United States: A 50-State Inventory, Michele Deitch
Pace Law Review
No abstract provided.
Getting To Yes In A Plra World, Elizabeth Alexander
Getting To Yes In A Plra World, Elizabeth Alexander
Pace Law Review
No abstract provided.
Effective Corrections Oversight: What Can We Learn From Aca Standards And Accreditation?, David M. Bogard
Effective Corrections Oversight: What Can We Learn From Aca Standards And Accreditation?, David M. Bogard
Pace Law Review
No abstract provided.
Accrediting The Accreditors: A New Paradigm For Correctional Oversight, Lynn S. Branham
Accrediting The Accreditors: A New Paradigm For Correctional Oversight, Lynn S. Branham
Pace Law Review
No abstract provided.
Ensuring Progress: Accountability Standards Recommended By The National Prison Rape Elimination Commission, Jamie Fellner
Ensuring Progress: Accountability Standards Recommended By The National Prison Rape Elimination Commission, Jamie Fellner
Pace Law Review
No abstract provided.
Reflections On A Government Model Of Correctional Oversight, Richard T. Wolf
Reflections On A Government Model Of Correctional Oversight, Richard T. Wolf
Pace Law Review
No abstract provided.
Role Of The Correctional Association Of New York In A New Paradigm Of Prison Monitoring, Jack Beck
Role Of The Correctional Association Of New York In A New Paradigm Of Prison Monitoring, Jack Beck
Pace Law Review
No abstract provided.
The Role Of Civilian Organizations With Prison Access And Citizen Members—The New York Experience, John M. Brickman
The Role Of Civilian Organizations With Prison Access And Citizen Members—The New York Experience, John M. Brickman
Pace Law Review
No abstract provided.
Oversight Of Law Enforcement Is Beneficial And Needed—Both Inside And Out, Barbara Attard
Oversight Of Law Enforcement Is Beneficial And Needed—Both Inside And Out, Barbara Attard
Pace Law Review
No abstract provided.
Prison Inspection And The Protection Of Prisoners’ Rights, Anne Owers
Prison Inspection And The Protection Of Prisoners’ Rights, Anne Owers
Pace Law Review
No abstract provided.
The Ombudsman As A Monitor Of Human Rights In Canadian Federal Corrections, Howard Sapers, Ivan Zinger
The Ombudsman As A Monitor Of Human Rights In Canadian Federal Corrections, Howard Sapers, Ivan Zinger
Pace Law Review
No abstract provided.
The Role Of Citizens And Non-Profit Advocacy Organizations In Providing Oversight, Vivien Stern
The Role Of Citizens And Non-Profit Advocacy Organizations In Providing Oversight, Vivien Stern
Pace Law Review
No abstract provided.
The Importance Of Dialogue And Cooperation In Prison Oversight, Silvia Casale
The Importance Of Dialogue And Cooperation In Prison Oversight, Silvia Casale
Pace Law Review
No abstract provided.
Professionalism In Corrections And The Need For External Scrutiny: An International Overview, Andrew Coyle
Professionalism In Corrections And The Need For External Scrutiny: An International Overview, Andrew Coyle
Pace Law Review
No abstract provided.
Prison Oversight And Prison Leadership, Stan Stojkovic
Prison Oversight And Prison Leadership, Stan Stojkovic
Pace Law Review
No abstract provided.
The Quixotic Dilemma, California’S Immutable Culture Of Incarceration, Geri Lynn Green
The Quixotic Dilemma, California’S Immutable Culture Of Incarceration, Geri Lynn Green
Pace Law Review
No abstract provided.
Reflections On 60 Years Of Outside Scrutiny Of Prisons And Prison Policy In The United States, Nicholas De B. Katzenbach
Reflections On 60 Years Of Outside Scrutiny Of Prisons And Prison Policy In The United States, Nicholas De B. Katzenbach
Pace Law Review
No abstract provided.
Distinguishing The Various Functions Of Effective Prison Oversight, Michele Deitch
Distinguishing The Various Functions Of Effective Prison Oversight, Michele Deitch
Pace Law Review
No abstract provided.
From White Plains To Austin: The Road From The Prison Reform Revisited Conference To The Opening Up A Closed World Conference, Michael B. Mushlin
From White Plains To Austin: The Road From The Prison Reform Revisited Conference To The Opening Up A Closed World Conference, Michael B. Mushlin
Pace Law Review
No abstract provided.
Opening Up A Closed World: What Constitutes Effective Prison Oversight?, Michael B. Mushlin, Michele Deitch
Opening Up A Closed World: What Constitutes Effective Prison Oversight?, Michael B. Mushlin, Michele Deitch
Pace Law Review
No abstract provided.
A Case Study In Achieving The Purpose Of Incapacitation-Based Statutes: The Bail Reform Act Of 1984 And Possession Of Child Pornography, J. Elizabeth Mcbath
A Case Study In Achieving The Purpose Of Incapacitation-Based Statutes: The Bail Reform Act Of 1984 And Possession Of Child Pornography, J. Elizabeth Mcbath
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Don't Answer The Door: Montejo V. Louisiana Relaxes Police Restrictions For Questioning Non-Custodial Defendants, Emily Bretz
Don't Answer The Door: Montejo V. Louisiana Relaxes Police Restrictions For Questioning Non-Custodial Defendants, Emily Bretz
Michigan Law Review
In 2009, the Supreme Court held in Montejo v. Louisiana that a defendant may validly waive his Sixth Amendment right to counsel during police interrogation, even if police initiate interrogation after the defendant's invocation of the right at the first formal proceeding. This Note asserts that Montejo significantly altered the Sixth Amendment protections available to represented defendants. By increasing defendants' exposure to law enforcement, the decision allows police to try to elicit incriminating statements and waivers of the right to counsel after the defendant has expressed a desire for counsel. In order to protect the defendant's constitutional guarantee of a …
Police Use Of Tasers: The Truth Is "Shocking", Elizabeth Seals
Police Use Of Tasers: The Truth Is "Shocking", Elizabeth Seals
Golden Gate University Law Review
This Comment proposes that California adopt legislation to regulate law-enforcement taser use. Part I introduces the history of tasers and their current use in law enforcement. Part II.A explains the need for legislation in California, supported by the documented deaths and health risks associated with taser use, and the widespread concern about police use among various private and governmental organizations. Part II.B identifies the successful taser legislation of other states, while Part II.C discusses an unsuccessful attempt at taser legislation in California. Finally, Part II.D introduces a model statute that California legislators should adopt, which should include training and reporting …
Venus In Furs: Why False Confessions Are True, Ibpp Editor
Venus In Furs: Why False Confessions Are True, Ibpp Editor
International Bulletin of Political Psychology
The author discusses the nature of truth and false confessions in the context of confession and interrogation.
The Effect Of Allowing Pollution Offsets With Imperfect Enforcement, Hilary A. Sigman, Howard F. Chang
The Effect Of Allowing Pollution Offsets With Imperfect Enforcement, Hilary A. Sigman, Howard F. Chang
All Faculty Scholarship
Several pollution control regimes, including climate change policies, allow polluters in one sector subject to an emissions cap to offset excessive emissions in that sector with pollution abatement in another sector. The government may often find it more costly to verify offset claims than to verify compliance with emissions caps, and concerns about difficulties in enforcement may lead regulators to restrict the use of offsets. In this paper, we demonstrate that allowing offsets may increase pollution abatement and reduce illegal pollution, even if the government has a fixed enforcement budget. We explore the circumstances that may make it preferable to …
A Breeding Ground For Communicable Disease: What To Do About Public Health Hazards In New York Prisons, Claire Fortin
A Breeding Ground For Communicable Disease: What To Do About Public Health Hazards In New York Prisons, Claire Fortin
Buffalo Public Interest Law Journal
No abstract provided.
"Ordinary Citizens" Or A License To Kill? The Turn To Law In Regulating Britain's Intelligence Services, Simon Chesterman
"Ordinary Citizens" Or A License To Kill? The Turn To Law In Regulating Britain's Intelligence Services, Simon Chesterman
Buffalo Public Interest Law Journal
No abstract provided.