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Full-Text Articles in Law

Debunking “De Minimis” Violations Of Prisoners’ Religious Rights: Further Problems With The Supreme Court’S “Hands Off” Approach, Samantha Sparacino Jan 2021

Debunking “De Minimis” Violations Of Prisoners’ Religious Rights: Further Problems With The Supreme Court’S “Hands Off” Approach, Samantha Sparacino

Touro Law Review

Circuits are split as there continues to be an inconsistent application of Supreme Court doctrine stemming from the notion of the separation of church and the state. Imprisonment does not strip a wrongdoer of his constitutionally guaranteed rights and protections. Some Circuits have held that a minor, or de minimis, interpretation of an inmate’s religious rights can constitute a substantial burden under the Religious Land Use and Institutionalized Persons Act. In the absence of clear direction from the Supreme Court, I propose that courts should refrain from determining the value of a religious belief or practice as it relates …


Is There A Remedy For The Irrelevance Of Academic Criminal Law?, Franklin E. Zimring Aug 2014

Is There A Remedy For The Irrelevance Of Academic Criminal Law?, Franklin E. Zimring

Journal of Legal Education

No abstract provided.


Federal Incarceration By Contract In A Post-Minneci World: Legislation To Equalize The Constitutional Rights Of Prisoners, Allison L. Waks Apr 2013

Federal Incarceration By Contract In A Post-Minneci World: Legislation To Equalize The Constitutional Rights Of Prisoners, Allison L. Waks

University of Michigan Journal of Law Reform

In the 2012 case Minneci v. Pollard, the United States Supreme Court held that federal prisoners assigned to privately-run prisons may not bring actions for violations of their Eighth Amendment right against cruel and unusual punishment and may instead bring actions sounding only in state tort law. A consequence of this decision is that the arbitrary assignment of some federal prisoners to privately-run prisons deprives them of an equal opportunity to vindicate this federal constitutional right and pursue a federal remedy. Yet all federal prisoners should be entitled to the same protection under the United States Constitution-regardless of the type …


Florence V. Board Of Chosen Freeholders: Maintaining Jail Security While Stripping Detainees Of Their Constitutional Rights, Nina Gleiberman Jan 2013

Florence V. Board Of Chosen Freeholders: Maintaining Jail Security While Stripping Detainees Of Their Constitutional Rights, Nina Gleiberman

Maryland Law Review Online

No abstract provided.


Teaching Prison Law, Sharon Dolovich Nov 2012

Teaching Prison Law, Sharon Dolovich

Journal of Legal Education

No abstract provided.


Inside-Out As Law School Pedagogy, Giovanna Shay Nov 2012

Inside-Out As Law School Pedagogy, Giovanna Shay

Journal of Legal Education

No abstract provided.


Encountering Attica: Documentary Filmmaking As Pedagological Tool, Teresa A. Miller Nov 2012

Encountering Attica: Documentary Filmmaking As Pedagological Tool, Teresa A. Miller

Journal of Legal Education

No abstract provided.


Book Review Of The Collapse Of American Criminal Justice, By William J. Stuntz, Andrea Roth Nov 2012

Book Review Of The Collapse Of American Criminal Justice, By William J. Stuntz, Andrea Roth

Journal of Legal Education

No abstract provided.


Breakdown In The Language Zone: The Prevalence Of Language Impairments Among Juvenile And Adult Offenders And Why It Matters, Michele M. Lavigne Aug 2010

Breakdown In The Language Zone: The Prevalence Of Language Impairments Among Juvenile And Adult Offenders And Why It Matters, Michele M. Lavigne

Michele M LaVigne

For over eighty years, social scientists have known that poor language skills are closely associated with the constellation of emotional and behavioral disturbances routinely seen in juvenile and criminal court. These include conduct disorder, academic deficits, social incompetence, impulsivity, and even aggression. As we might expect, researchers have also found that language impairments are present at a high rate within juvenile and adult correctional institutions. So far however, the law has yet to acknowledge even the existence of this body of social science, let alone its significance for the administration of justice, rehabilitation, and public safety. This article is an …


Breakdown In The Language Zone: The Prevalence Of Language Impairments Among Juvenile And Adult Offenders And Why It Matters, Michele M. Lavigne Mar 2010

Breakdown In The Language Zone: The Prevalence Of Language Impairments Among Juvenile And Adult Offenders And Why It Matters, Michele M. Lavigne

Michele M LaVigne

For over eighty years, social scientists have known that poor language skills are closely associated with the constellation of emotional and behavioral disturbances routinely seen in juvenile and criminal court. These include conduct disorder, academic deficits, social incompetence, impulsivity, and even aggression. As we might expect, researchers have also found that language impairments are present at a high rate within juvenile and adult correctional institutions. So far however, the law has yet to acknowledge even the existence of this body of social science, let alone its significance for the administration of justice, rehabilitation, and public safety. This article is an …


Breakdown In The Language Zone: The Prevalence Of Language Impairments Among Juvenile And Adult Offenders And Why It Matters, Michele M. Lavigne, Gregory J. Vanrybroek Mar 2010

Breakdown In The Language Zone: The Prevalence Of Language Impairments Among Juvenile And Adult Offenders And Why It Matters, Michele M. Lavigne, Gregory J. Vanrybroek

Michele M LaVigne

For over eighty years, social scientists have known that poor language skills are closely associated with the constellation of emotional and behavioral disturbances routinely seen in juvenile and criminal court. These include conduct disorder, academic deficits, social incompetence, impulsivity, and even aggression. As we might expect, researchers have also found that language impairments are present at a high rate within juvenile and adult correctional institutions. So far however, the law has yet to acknowledge even the existence of this body of social science, let alone its significance for the administration of justice, rehabilitation, and public safety. This article is an …


Prisoners Dilemma Meets Glasnost: A Comparative Advantage Solution To The United States Prison Crisis, Tahirih V. Lee, Joshua Searle-White Jan 1991

Prisoners Dilemma Meets Glasnost: A Comparative Advantage Solution To The United States Prison Crisis, Tahirih V. Lee, Joshua Searle-White

Cornell International Law Journal

No abstract provided.


The Privatization Of Correctional Institutions: The Tennessee Experience, W.J. Michael Cody, Andy D. Bennett Jan 1987

The Privatization Of Correctional Institutions: The Tennessee Experience, W.J. Michael Cody, Andy D. Bennett

Vanderbilt Law Review

Recently, the privatization of correctional institutions has been a topic of intense interest both in Tennessee and other parts of the Nation. In the hope that we might learn from the past, we undertook to examine Tennessee's convict leasing practices of the nineteenth century. This Article summarizes that research and provides a narrative and analysis of the recent events regarding privatization of correctional institutions in Tennessee.


Correctional System Needs, Susan S. Cole Oct 1973

Correctional System Needs, Susan S. Cole

IUSTITIA

One of the most difficult and pressing problems now facing local, state and national leaders is the failure of the criminal justice system. There is ample evidence of the system's failure: during the years 1960 to 1969, when the population increased by 13%, crime increased 1487,' and it is still increasing. Yet, correctional institutions do not appear to be places where criminal behavior is changed or where offenders are rehabilitated. They appear to be, instead, places where offenders are exposed to the most advanced criminal techniques and the most extreme anti-social behavior. Recidivism rates are estimated as high as 8070.