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Full-Text Articles in Law
Solving The Good-Time Puzzle: Why Following The Rules Should Get You Out Of Prison Early, Michael M. O'Hear
Solving The Good-Time Puzzle: Why Following The Rules Should Get You Out Of Prison Early, Michael M. O'Hear
Faculty Publications
Good-time programs have long been an important part of the American penal landscape. At least twenty-nine states and the federal government currently offer prison inmates early release, sometimes by many years, in return for good behavior.
Written a generation ago, the leading scholarly article on the subject presented a strong case against good time, which has yet to be effectively addressed. Although good time is traditionally justified by reference to its usefulness in deterring inmate misconduct — credits can be denied or withdrawn as a penalty for violations of prison rules — the article questioned how it could possibly be …
Not So Sweet: Questions Raised By Sixteen Years Of The Plra And Aedpa, Michael M. O'Hear
Not So Sweet: Questions Raised By Sixteen Years Of The Plra And Aedpa, Michael M. O'Hear
Faculty Publications
No abstract provided.
The Wisconsin Public-Sector Labor Dispute Of 2011, Paul M. Secunda
The Wisconsin Public-Sector Labor Dispute Of 2011, Paul M. Secunda
Faculty Publications
The enactment in June 2011 of Wisconsin Act 10, legislation that eliminated most collective bargaining rights for most public employees in Wisconsin, did not necessarily follow from the economic conditions surrounding the global recession. The argument here is that it was a blatant power grab with political, social, and economic implications. Governor Walker’s claim that Act 10’s anti-collective bargaining approach was required to balance Wisconsin’s budget is belied by two unassailable facts. First, there were a number of provisions in the law, including an annual union recertification requirement and an anti-dues checkoff provision, which had absolutely nothing to do with …
The Great Recession And Its Implications For Community Policing, Matthew J. Parlow
The Great Recession And Its Implications For Community Policing, Matthew J. Parlow
Faculty Publications
During the last twenty years, community policing has been the dominant approach to local law enforcement. Community policing is based, in part, on the broken windows theory of public safety. The broken windows theory suggests a link between low-level crime and violent crime — that is, if minor offenses are allowed to pervade a community, they will lead to a proliferation of crime and, ultimately, a community plagued by violent crime. To maintain a perception of community orderliness, many local governments adopted “order maintenance” laws — such as panhandling ordinances and anti-homeless statutes. This emphasis on cracking down on such …
Bypassing Habeas: The Right To Effective Assistance Requires Earlier Supreme Court Intervention In Cases Of Attorney Incompetence, Michael M. O'Hear
Bypassing Habeas: The Right To Effective Assistance Requires Earlier Supreme Court Intervention In Cases Of Attorney Incompetence, Michael M. O'Hear
Faculty Publications
No abstract provided.
Privatizing Workplace Privacy, Paul M. Secunda
Privatizing Workplace Privacy, Paul M. Secunda
Faculty Publications
Perhaps “the” question in this age of workplace technological innovation concerns the amount of privacy employees should have in electronic locations in the workplace. An important related question is whether public-sector and private-sector employees, who have different legal statuses under the state action doctrine, should enjoy the same level of workplace privacy. Recently, in the Fourth Amendment workplace privacy case of City of Ontario v. Quon, the United States Supreme Court considered both of these questions. Quon involved alleged privacy violations by a city police department when it audited an officer’s text messages from his city-issued pager. In a cryptic …
Muted Message: Capital Punishment In The Hollywood Cinema, David Ray Papke
Muted Message: Capital Punishment In The Hollywood Cinema, David Ray Papke
Faculty Publications
Contemporary Hollywood films seem at first glance to be opposed to capital punishment. However, this article’s consideration of five surprisingly similar films (Dead Man Walking, The Chamber, Last Dance, True Crime, and The Life of David Gale) finds they do not truly and consistently condemn capital punishment. Instead of suggesting that the practice of capital punishment is fundamentally immoral and should in general be ended, the films champion only worthy individuals on death row and delight primarily in the personal growth of other characters who attempt to aid the condemned. In the end, Hollywood offers only a muted message regarding …
Unique Problems And Creative Solutions To Assessing Learning Outcomes In Transactional Drafting Courses: Overcoming “The Form Book Problem”, Jacob M. Carpenter
Unique Problems And Creative Solutions To Assessing Learning Outcomes In Transactional Drafting Courses: Overcoming “The Form Book Problem”, Jacob M. Carpenter
Faculty Publications
In transactional drafting courses, students need to practice evaluating and using forms to aid them when they draft contracts. Only by working with forms can students learn to identify forms’ benefits and dangerous pitfalls. On the other hand, when students use forms, how can professors assess whether students crafted the contract carefully based on their own knowledge and skills, or whether they essentially just copied a form? This article provides nine creative solutions that enable professors to assess whether students have attained the skills and knowledge needed to draft strong contracts, even when students use forms to guide their drafting.
From Dallas Cap To American Needle And Beyond: Antitrust Law's Limited Capacity To Stitch Consumer Harm From Professional Sports Club Trademark Monopolies, Matthew J. Mitten
From Dallas Cap To American Needle And Beyond: Antitrust Law's Limited Capacity To Stitch Consumer Harm From Professional Sports Club Trademark Monopolies, Matthew J. Mitten
Faculty Publications
A nearly fifty-year contemporaneous trend of increasing legal protection for sports team trademarks, collective exclusive licensing of professional sports team trademarks, and antitrust litigation regarding its validity culminated in the United States Supreme Court’s 2010 decision in American Needle, Inc. v. NFL, which rejected the NFL’s single-entity defense. Collective exclusive trademark licensing by professional sports leagues generally does not have significant incremental anticompetitive effects beyond the consumer harm already caused by each individual club’s lawful trademark monopoly, which likely are outweighed by procompetitive benefits in many instances. However, in order for antitrust law to minimize the consumer harm caused by …
The Future Of Nlrb Doctrine On Captive Audience Speeches, Paul M. Secunda
The Future Of Nlrb Doctrine On Captive Audience Speeches, Paul M. Secunda
Faculty Publications
No abstract provided.