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Articles 1 - 30 of 42
Full-Text Articles in Law
A Polygamist Proposal: How Dispute Resolution Techniques Provide Solutions In The Polygamy Debate, Ellie Martinez
A Polygamist Proposal: How Dispute Resolution Techniques Provide Solutions In The Polygamy Debate, Ellie Martinez
Pepperdine Dispute Resolution Law Journal
In 2020, Utah passed a bill decriminalizing polygamy. However, this legislation only addresses the peripheral interests of polygamous families as many are still disadvantaged. This comment argues the application of dispute resolution techniques would have resulted in a better solution than the current legislation by increasing value-creation for everyone involved. Part II sets the foundation by delving into the treacherous history of polygamy at both the state level in Utah and the Federal level in the United States. Part III details the passing of the Bigamy Amendments. Part IV identifies relevant parties—many of whom were left out of consideration when …
Juvenile Justice & Diminished Criminal Culpability, Mitchell F. Crusto
Juvenile Justice & Diminished Criminal Culpability, Mitchell F. Crusto
University of Miami Law Review
When regulating the bad, albeit illegal, choices made by minors, the law is conflicted. On the one hand, we have a clear national policy to ensure the safety of and to promote the positive development of our young people, yet we simultaneously criminalize minors who make bad choices. This conundrum raises a quintessential jurisprudential flaw in our legal system: We lack a unifying, overarching principle that guides the law’s relationship with minors. In a companion piece, I pose and explore such a unifying principle, which I coin as the “best interest of the minor” standard (“BIMS”). Consequently, this Article applies …
Drug Courts: The Risk Of An Increased Number Of Drug-Related Arrests And Long Jail Sentences, Wayne A. Comstock
Drug Courts: The Risk Of An Increased Number Of Drug-Related Arrests And Long Jail Sentences, Wayne A. Comstock
University of Miami Race & Social Justice Law Review
In June 1971, President Richard Nixon declared a War on Drugs. As the War on Drugs continued throughout the 1980s, drug-related convictions increased, leading to overcrowding in prisons across the United States. Drug courts operate as an alternative to incarceration in which criminal defendants enter court mandated drug treatment programs. Judges monitor the progress of drug court participants through scheduled status hearings. However, contrary to their purpose, drug courts may contribute to incarceration by presenting the risk of an increased number of drug-related arrests in those jurisdictions that have implemented drug courts and long jail sentences imposed as sanctions for …
The Evolution Of Sodomy Decriminalization Jurisprudence In Transnational And Comparative Constitutional Perspective, Ayodeji Kamau Perrin
The Evolution Of Sodomy Decriminalization Jurisprudence In Transnational And Comparative Constitutional Perspective, Ayodeji Kamau Perrin
William & Mary Bill of Rights Journal
In this Article, I demonstrate that legal mobilization by activist litigants combined with a comparative methodological jurisprudence has been central to the “transnational legal process” of the generation and diffusion of the sodomy decriminalization norm since the 1950s. My analysis of the transnational comparative jurisprudence relies on a comprehensive legal survey of seven decades of decriminalization jurisprudence (1954–2022), primarily using successful cases. Although the scholarship on the well-known Dudgeon, Toonen, and NCGLE cases often asserts the influence that these cases had on subsequent domestic court constitutional jurisprudence, I suggest that it is the domestic privacy jurisprudence of lobbyists, …
High Time For Change: The Legalization Of Marijuana And Its Impact On Warrantless Roadside Motor Vehicle Searches, Molly E. O'Connell
High Time For Change: The Legalization Of Marijuana And Its Impact On Warrantless Roadside Motor Vehicle Searches, Molly E. O'Connell
Washington and Lee Law Review Online
The proliferation of marijuana legalization has changed the relationship between driving and marijuana use. While impaired driving remains illegal, marijuana use that does not result in impairment is not a bar to operating a motor vehicle. Scientists have yet to find a reliable way for law enforcement officers to make this distinction. In the marijuana impairment context, there is not a scientifically proven equivalent to the Blood Alcohol Content standard nor are there reliable roadside assessments. This scientific and technological void has problematic consequences for marijuana users that get behind the wheel and find themselves suspected of impaired driving. Without …
Dispensing Reparations For Marijuana Convictions, Michelle Mazzola
Dispensing Reparations For Marijuana Convictions, Michelle Mazzola
Journal of Race, Gender, and Ethnicity
No abstract provided.
Prostitution Decriminalization Campaigns In The United States: Libertarianism Or A "Decent Society", Jody Raphael
Prostitution Decriminalization Campaigns In The United States: Libertarianism Or A "Decent Society", Jody Raphael
Dignity: A Journal of Analysis of Exploitation and Violence
Recently, legislative campaigns to totally decriminalize the sex trade industry in a handful of U.S. states and the District of Columbia failed, but a look at campaign supporters and their arguments demonstrates that libertarian principles are mainly guiding their efforts. This article explores how libertarianism principles, when applied to the sex trade, could bring about severe and lasting harm to others, including sellers of sex, potential victims of sex trafficking to meet the new demand, and the general community. Philosophic principles of liberty have been incorporated by courts, which find that liberty is never absolute and requires a balancing test …
Sex, Crime, And Serostatus, Courtney K. Cross
Sex, Crime, And Serostatus, Courtney K. Cross
Washington and Lee Law Review
The HIV crisis in the United States is far from over. The confluence of widespread opioid usage, high rates of HIV infection, and rapidly shrinking rural medical infrastructure has created a public health powder keg across the American South. Yet few states have responded to this grim reality by expanding social and medical services. Instead, criminalizing the behavior of people with HIV remains an overused and counterproductive tool for addressing this crisis—especially in the South, where HIV-specific criminal laws are enforced with the most frequency.
People living with HIV are subject to arrest, prosecution, and lengthy prison sentences if they …
The Female Face Of Misogyny: A Review Of Decriminalizing Domestic Violence: A Balanced Policy Approach To Intimate Partner Violence By Leigh Goodmark And The Feminist War On Crime: The Unexpected Role Of Women's Liberation In Mass Incarceration By Aya Gruber, Dianne L. Post
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Racial Justice And Decriminalization Of Prostitution: No Protection For Women Of Color, Janice G. Raymond
Racial Justice And Decriminalization Of Prostitution: No Protection For Women Of Color, Janice G. Raymond
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Decriminalizing Non-Appearance In Washington State: The Problem And Solutions For Washington’S Bail Jumping Statute And Court Nonappearance, Aleksandrea Johnson
Decriminalizing Non-Appearance In Washington State: The Problem And Solutions For Washington’S Bail Jumping Statute And Court Nonappearance, Aleksandrea Johnson
Seattle Journal for Social Justice
No abstract provided.
Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes
Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
No Treatment, No Hope, No Future: Decriminalization Of Heroin And Creation Of A Medical Dependent Standard, Alexander Mangano
No Treatment, No Hope, No Future: Decriminalization Of Heroin And Creation Of A Medical Dependent Standard, Alexander Mangano
Journal of Civil Rights and Economic Development
(Excerpt)
This Note will analyze the current ways heroin users are treated, stigmatized, and left with very little options upon recovery to support themselves and live a normal, productive life. Specifically, this Note will focus on how New York handles heroin users and their experiences with the criminal justice system. This Note proposes the decriminalization, not legalization, of only heroin use. To help addicts with recovery, diversionary courts and programs should be removed from the criminal justice system and instead act as a civil court. Additionally, the creation of a “medical dependent” classification will allow families to effectively force the …
Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans
Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans
Dignity: A Journal of Analysis of Exploitation and Violence
George Soros and Open Society Foundation are supporting the decriminalization of prostitution by funding organizations around the world to advocate for this legal change. Heather Brunskell-Evans (FiLiA podcasts, London) interviews Jody Raphael, Senior Research Fellow, Schiller DuCanto & Fleck Law Center, DePaul University College of Law, Chicago, Illinois, USA, about her research on this topic and discusses her article "Decriminalization of Prostitution: The Soros Effect."
Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes
Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
In 2013, research findings by Cunningham and Shah claimed that rape and sexually transmitted diseases were reduced by decriminalized prostitution in Rhode Island. The original unpublished claims have received wide media coverage which have gone unexamined. This review finds errors in their analyses. One error is the date when prostitution was decriminalized in Rhode Island. Cunningham and Shah claim that prostitution was decriminalized in 2003. Our analysis finds the date of decriminalization of prostitution was 1980. The change in the start date of decriminalization significantly alters the analysis and the findings. Another error results from Cunningham and Shah using an …
Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin
Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin
Journal of the National Association of Administrative Law Judiciary
In this article, I will define trafficking and dispel some common myths that people believe about trafficking. This section will explain trafficking’s many forms and will demonstrate how trafficking can be a stationary crime rather than one requiring movement. Next, I will give a history of the legislation surrounding trafficking and common approaches to curbing the trafficking problem including arguments on both sides of decriminalization. In this section, I will present a country comparison on how different countries approach traffickers and victims of trafficking in their efforts to reduce trafficking in general. In addition to analyzing how varying countries address …
Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond
Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
A Higher Authority: Canada’S Cannabis Legalization In The Context Of International Law, Antonia Eliason, Robert Howse
A Higher Authority: Canada’S Cannabis Legalization In The Context Of International Law, Antonia Eliason, Robert Howse
Michigan Journal of International Law
Part I of this Article provides an overview of some of the key terms and provisions of Canada’s Cannabis Act. Part II looks at the Cannabis Act in the context of the International Drug Conventions, examining how the various convention provisions might apply, looking first at the Single Convention and then at the 1988 Convention and how that convention fits with Canadian constitutional provisions. Part III focuses on the international human rights framework and how the Cannabis Act might be viewed as compatible with international human rights law even where incompatible with the International Drug Conventions. This Part also offers …
Lead Us Not Into Temptation: A Response To Barbara Fedders’S “Opioid Policing”, Anna Roberts
Lead Us Not Into Temptation: A Response To Barbara Fedders’S “Opioid Policing”, Anna Roberts
Indiana Law Journal
In “Opioid Policing,”1 Barbara Fedders contributes to the law review literature the first joint scholarly analysis of two drug policing innovations: Seattle’s Law Enforcement Assisted Diversion (LEAD) program and the Angel Initiative, which originated in Gloucester, Massachusetts. Even while welcoming the innovation and inspiration of these programs, she remains clear-eyed about the need to scrutinize their potential downsides. Her work is crucially timed. While still just a few years old, LEAD has been replicated many times2 and appears likely to be replicated still further—and to be written about much more. Inspired by Fedders’s call for a balanced take, this Response …
Ethical Cannabis Lawyering In California, Francis J. Mootz Iii
Ethical Cannabis Lawyering In California, Francis J. Mootz Iii
St. Mary's Journal on Legal Malpractice & Ethics
Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous …
Decriminalization Of Prostitution Policy: Amnesty International Punishes A Dissenting Member, Marcia R. Lieberman
Decriminalization Of Prostitution Policy: Amnesty International Punishes A Dissenting Member, Marcia R. Lieberman
Dignity: A Journal of Analysis of Exploitation and Violence
In 2016, Marcia Lieberman, a local group coordinator for Amnesty International, USA, was expelled by the board of directors for speaking out publicly against the new Policy on the Decriminalization of Sex Work. Amnesty used a little-known rule that prohibits a member from publicly opposing a position that Amnesty has taken. Lieberman writes about her experience and her view that Amnesty violated its fundamental principle of protecting free speech to silence her dissent.
There Is No Such Thing As A Child Prostitute: Why Decriminalization Is Only The First Step In California, Edrina Nazaradeh
There Is No Such Thing As A Child Prostitute: Why Decriminalization Is Only The First Step In California, Edrina Nazaradeh
Pepperdine Law Review
Prostituted minors are victims of the deceitful schemes of pimps, traffickers, and Johns. While there is widespread agreement that these minors are victims, states have taken different approaches to addressing this heinous crime. Generally, states either prosecute prostituted minors or adopt Safe Harbor laws that grant prostituted minors immunity from prosecution. California joined the majority of states when it passed Senate Bill 1322. Effective January 1, 2017, this bill amended California’s Penal Code to grant children under eighteen years of age immunity from prosecution for prostitution. This Comment argues that Senate Bill 1322 properly amended California law by aligning with …
Re-Assessing Mass Incarceration In Light Of The Decriminalization Of Marijuana In Maryland, Matthew R. Braun
Re-Assessing Mass Incarceration In Light Of The Decriminalization Of Marijuana In Maryland, Matthew R. Braun
University of Baltimore Law Forum
No abstract provided.
Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews
Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Decriminalization Of Prostitution: The Soros Effect, Jody Raphael
Decriminalization Of Prostitution: The Soros Effect, Jody Raphael
Dignity: A Journal of Analysis of Exploitation and Violence
This article explores the activities of George Soros and his charitable organization, Open Society Foundations (OSF), in advocating for the full decriminalization of the sex trade industry. Research finds that OSF spends only a small amount of money on grass roots “sex worker” groups around the world advocating for full decriminalization, but the foundation awards larger amounts of funds to large human rights groups whose reports and policies have a wider reach. OSF’s rationale for full decriminalization fails to consider violence and coercion in the sex trade industry, misreads research, and does not include research from venues where full decriminalization …
Some Issues Of Improving Criminal Legislation, B. Xidoyatov
Some Issues Of Improving Criminal Legislation, B. Xidoyatov
Review of law sciences
In this article the author conducted an analysis directions of improving of criminal legislation in the conditions of judicial-legal reforms. And as a result of analyze there had been some suggestions in order to improving of Criminal code of the Republic of Uzbekistan.
Why We Must Oppose The Full Decriminalization Of Prostitution, Taina Bien-Aime
Why We Must Oppose The Full Decriminalization Of Prostitution, Taina Bien-Aime
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Protecting The Imperfect Victim: Expanding “Safe Harbors” To Adult Victims Of Sex Trafficking, Christine Anchan
Protecting The Imperfect Victim: Expanding “Safe Harbors” To Adult Victims Of Sex Trafficking, Christine Anchan
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni
Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni
Seattle University Law Review
Adult begging in Italy has been decriminalized since a Constitutional Court decision in 1995 and an ensuing law, no. 205, in 1999. Nonetheless, beggars, particularly Roma ones, are still perceived by the public as a nuisance, like an issue that should be dealt with. Sensible to the pressure of its constituency, even Florence—a city with a tradition of openness and inclusion—has taken measures against begging and other similar street-level economic activities. Between 2007 and 2008, the first wave of city action in Florence was directed at windshield cleaners at traffic lights. Even though the policy was challenged, it produced the …
Underbanked: Cooperative Banking As A Potential Solution To The Marijuana-Banking Problem, Patrick A. Tighe
Underbanked: Cooperative Banking As A Potential Solution To The Marijuana-Banking Problem, Patrick A. Tighe
Michigan Law Review
Numerous states have recently legalized recreational marijuana, which has created a burgeoning marijuana industry needing and demanding access to a variety of banking and financial services. Due, however, to the interplay between the federal criminalization of marijuana and federal anti-money laundering laws, U.S. financial institutions cannot handle legally the proceeds from marijuana activity. As a result, most financial institutions are unwilling to flout federal anti-money laundering laws, and so too few marijuana-related businesses can access banking services. This Note argues that the most viable policy option for resolving this “underbanking” problem is a financial cooperative approach such as a cannabis-only …