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Articles 1 - 14 of 14
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
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
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
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
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
Inside-Out As Law School Pedagogy, Giovanna Shay
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
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
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
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
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
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
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
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
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.