Law Commons^™

Using Technology The Founders Never Dreamed Of: Cell Phones As Tracking Devices And The Fourth Amendment, R. Craig Curtis, Michael C. Gizzi, Michael J. Kittleson

University of Denver Criminal Law Review

No abstract provided.

Accommodating Competition: Harmonizing National Economic Commitments, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

This article shows how the norm supporting governmental action to protect and foster competitive markets was harmonized with economic rights to contract and property during the 19th century, and with the development of the social safety net during the 20th century. It explains why the Constitution, as understood today, does not check the erosion of the entrenched but threatened national commitment to assuring competitive markets.

Aligning Opioid Prescribing Pathways, Andrea Lai, Outpatient Pharmacy, Haley Pelletier, Suneela Nayak, Stephen Tyzik, Ruth Hanselman

Maine Medical Center

There is a drug epidemic sweeping the State of Maine and it continues to worsen each passing year. In 2017, the Maine legislature passed Public Law Chapter 488 to strengthen the controlled substance prescription monitoring program. An outpatient pharmacy, located in a large acute care hospital, created a performance improvement project to clarify opioid prescription and resolve any non-compliance with Chapter 488.

After a root cause analysis, several KPIs were established to include tracking the number of phone calls made by pharmacists to non-compliant providers to clarify scripts, provide one on one education and ultimately resolve non-compliance. Repeat offenders were ...

The Systematic Neglect Of Inmates Suffering From Substance-Use Disorder In The American Prison Systems, J Lyons

Brigham Young University Prelaw Review

While the problem of crime and its perpetuation is multifactorial and inherently complex, the mental and physical health of criminals falls under the legal oversight of the penal system. Prisoners have a legal right to quality medical care—a right that is often forgotten and neglected by society at large and, more specifically, the court system itself.

An Evolving Workforce, An Adapting Law: Title Vii's Coverage Of Gender Identity And Criminal History, Sandra Pullman

St. John's Law Review

(Excerpt)

In the half-century since the passage of the Civil Rights Act of 1964, workplace protections under the statute have expanded in a variety of ways. Legal theories that were once considered novel have increasingly been accepted in federal courts across the country, extending coverage to more employees than ever before. Yet, an analysis of these developing issues also exposes the limitations of federal antidiscrimination law. Below, this Article examines the ways that Title VII has been applied to two particularly vulnerable groups: transgender individuals and individuals with criminal records.

Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick

Indiana Law Journal

There is a 250-year-old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision-making models suggest that criminals must be risk seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different from law-abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill informed, and may therefore ...

Captivity And The Law: Hostages, Detainees, And Criminal Defendants In The Fight Against Terrorism, Adam R. Pearlman

ILSA Journal of International & Comparative Law

This article breifly addresses three issues that practitioners handling counterterrorism issues may encounter.

Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson Dr.

Valencia T Johnson

Management practices in the rehabilitation and criminal justice system are primarily concerned with how employees sense, collect, organize, and process information regarding the criminal offender. The purpose of this quantitative study was to measure parole and probation officers' perceptions regarding management support and effectiveness in the workplace, with particular emphasis on communication, collaboration, and conflict resolution. Herzberg's 2-factor theory of motivation served as the theoretical framework for the study, supporting the concept of participatory management as a central factor in job satisfaction. A researcher-designed, Likert-type questionnaire was administered to a randomly selected sample of 31 parole and probation officers ...

Ban The Box: A Call To The Federal Government To Recognize A New Form Of Employment Discrimination, Christina O'Connell

Fordham Law Review

As the number of Americans with criminal histories grows significantly, states and cities across the nation have reacted by adopting ban-the-box laws. Ban-the-box laws received their name because they ban the criminal history box on initial hiring documents. The goal of the ban-the-box movement is to promote job opportunities for persons with criminal records by limiting when an employer can conduct a background check during the hiring process and encouraging employers to take a holistic approach when assessing an applicant's fit for a position.

There is no federal ban-the-box law, but states have taken varying approaches to adopting ban-the-box ...

Maritime Piracy: A Sustainable Global Solution, Paul Williams, Lowry Pressly

Articles in Law Reviews & Other Academic Journals

Maritime piracy is a complex transnational security concern characterized by emerging international finance operations and organization, an oversupply of labor, and a low cost of market entry. This article provides a realistic picture of the driving forces behind maritime piracy in areas such as Southeast Asia, the Gulf of Aden, and the Gulf of Guinea. By examining some of the assumptions and proposed solutions in counter-piracy literature and policy, this article exposes some piracy illusions and proposes a sustainable, global response that addresses the persistent threat of modern maritime piracy. Today's manifold piracy challenges call for a multifaceted approach ...

The Status Of Opposition Fighters In A Noninternational Armed Conflict, Michael N. Schmitt

International Law Studies

No abstract provided.

The Fifth Amendment Right Against Self-Incrimination: An In-Depth Look At Mckune V. Lile, Heidi Feldman

Pepperdine Law Review

No abstract provided.

Liberation Reconsidered: Understanding Why Judges And Juries Disagree About Guilt, Amy S. Farrell, Daniel Givelber

Amy Farrell

Data collected in four jurisdictions by the National Center for State Courts allows us to examine the question of judge and jury disagreement about guilt through a consideration of the views of jurors as well as judges. Using this data, we test in a modern context the hypothesis that the jury's embrace of values -- as opposed to its different assessment of the evidence -- explains why juries acquit when judges would convict. We find that legal and extralegal factors affect both judge and jury decisions about guilt, that both sets of factors predict disagreement in different contexts, and the pattern ...

Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto

Pepperdine Dispute Resolution Law Journal

Last year, a law review solicited my thoughts about, in their words, pushing the envelope with social justice and negotiating peace in a world dominated by power and violence. Taking their language literally, one must ask how to effectively address contemporary obstacles to ensure that the message and, most importantly, the means of justice are truly delivered to those in need. One answer-which may seem obvious to readers but is actually much too rare in practice-is to work with, empower, and support the conflict work of the community members themselves. This article introduces the plans of five African professionals, demonstrating ...

United States V. Howard: Refocusing Probable Cause For Probationers And Parolees, Sean A. Kersten

Golden Gate University Law Review

This Note argues that the Ninth Circuit rigidly followed circuit precedent to create and apply an incorrect standard to determine whether probable cause existed to believe that Howard resided at an unreported address. The court should have determined the reasonableness of the search by balancing Howard's reduced expectation of privacy as a probationer with legitimate governmental interests. Furthermore, the court's analysis served to protect the property at the unreported address rather than Howard's Fourth Amendment privacy rights. This decision is contrary to the principle articulated in Katz v. United States, which states the Fourth Amendment is intended ...

Survey: Women And California Law, Elaine Booras

Golden Gate University Law Review

No abstract provided.

The Death Penalty And The Society We Want, Stephen B. Bright

The University of New Hampshire Law Review

[Excerpt] “At the local level, we can tell a lot about a community by how it treats a homeless person suffering from schizophrenia who is begging on the street. One possibility is to look upon that person with the thought that there but for grace go I, that this person is desperately in need of help, and that we—individually and as a community—must respond by giving a helping hand and making sure that the person receives food, shelter, clothing, and care for such a debilitating mental illness. Another possibility is to simply ignore the person, to step around ...

Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie A. Failinger

Fordham Urban Law Journal

This article focuses on the reality that women's relationality, and particularly their relationships with men in their lives, profoundly affects the behavior that lands them in the criminal justice system. The author argues that restorative justice, which is essentially grounded on an ethical understanding of crime and treats the offender an as interacting subject/agent, is a necessary avenue of response to most women offenders' crimes, and that corrections must go beyond a psychological approach that treats crimes as a form of illness, or a systematic model which attempts primarily to rectify deficits in women's social situation.

The Legal Presumption Of Reason: Noble Truth, Useful Fiction, Ignoble Lie, Ngaire Naffine

Cleveland State Law Review

In criminal law theory and doctrine there appear to be several competing assumptions about the sort of people that we are. My task in this paper is, first, to expound and compare what I see as the three prevailing theories of our rational natures to be found in criminal law theory, doctrine and procedure. Second, I will consider the relation between these theories of our rational natures and the actual practices of the criminal courts. And third, in the course of so doing, I will consider the beneficiaries and casualties of this criminal law theory and practical justice.

Blue-Collar Crimes/White-Collar Criminals: Sentencing Elite Athletes Who Commit Violent Crimes, Michael M. O'Hear

Marquette Sports Law Review

No abstract provided.

Straight Release: Justice Delayed, Justice Denied , Timothy J. Mcginty

Cleveland State Law Review

This Thesis discusses the ‘straight release’ program implemented by the Cleveland Police Department in the late 1990’s. It starts by describing the 24-hour charge or release rule, and how criminals were arrested, released, and arraignment notices were later sent to them by mail. Criminals used aliases to hinder the indictment procedure. Part V discusses national trends in arrest to disposition rates. Parts VI – X discusses Cleveland practices in the criminal justice system. Part XI discusses the effects of failure to identify arrested suspects before releasing them. Part XII describes the chaos of the municipal court. Part XIII discusses the ...

A Common Sense Reconstruction Of The Ina's Crime-Related Removal System: Eliminating The Caveats From The Statue Of Liberty's Welcoming Words, Jacqueline Pearl Ulin

Washington University Law Review

No abstract provided.

Taking Guns Seriously: Common Sense Gun Control To Keep Guns Out Of The Hands Of Kids And Criminals, Senator Richard J. Durbin

Saint Louis University Public Law Review

No abstract provided.

Batf Gun Trace Data And The Role Of Organized Gun Trafficking In Supplying Guns To Criminals, Gary Kleck

Saint Louis University Public Law Review

No abstract provided.

Identification Of The Unknown Soldier And The Fight For The Right To Anonymity: The Human Genome Project And Implications Of A National Dna Database, Kelly S. Erbes

Cleveland State Law Review

The focus of this writing is the use of DNA for identification purposes and the issues that arise when genetic traits and/or predisposition to physical or mental conditions are linked to the individual specifically, along with the implications of a national DNA database as a system of identification. It has become the general rule that it is not an unreasonable invasion of privacy to take DNA for the purpose of identifying criminal offenders through a DNA database. This writing will examine the potential for nonconsensual inclusion of nearly everyone into such a system, as well as the ramifications in ...

At Least Treat Us Like Criminals: South Carolina Responds To Victims' Pleas For Equal Rights, Thad H. Westbrook

South Carolina Law Review

No abstract provided.

At Least Treat Us Like Criminals: South Carolina Responds To Victims' Pleas For Equal Rights, Thad H. Westbrook

South Carolina Law Review

No abstract provided.

Task Force Statement Of The Twentieth Century Fund's Task Force On Apprehending Indicted War Criminals: Meeting The Obligations Of Justice, Paul Williams

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Sentencing Criminals: The Constitutionality Of Victim Impact Statements, Carrie L. Mulholland

Missouri Law Review

Most jurisdictions around the country permit juries to consider victim impact statements, statements taken from the family of a victim of violent crime relating to the family's loss, during the sentencing phase of criminal trials. In 1994, the Missouri Supreme Court followed this trend in State v. Wise by approving the use of victim impact statements, and allowing the statements to be presented to the jury at the sentencing stage of a capital punishment trial. Despite the constitutionality of the introduction of a victim's family's statements, the statements have been severely criticized for: (1) rendering the sentencing ...