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Full-Text Articles in Legal History
Dual Sovereignty In The U.S. Territories, Emmanuel Hiram Arnaud
Dual Sovereignty In The U.S. Territories, Emmanuel Hiram Arnaud
Fordham Law Review
This Essay examines the emergence and application of the "ultimate source" test and sheds light on the dual sovereign doctrine’s patently colonial framework, particularly highlighting the paternalistic relationship it has produced between federal and territorial prosecutorial authorities.
Carceral Deference: Courts And Their Pro-Prison Propensities, Danielle C. Jefferis
Carceral Deference: Courts And Their Pro-Prison Propensities, Danielle C. Jefferis
Fordham Law Review
Judicial deference to nonjudicial state actors, as a general matter, is ubiquitous, both in the law and as a topic of legal scholarship. But “carceral deference”—judicial deference to prison officials on issues concerning the legality of prison conditions—has received far less attention in legal literature, and the focus has been almost entirely on its jurisprudential legitimacy. This Article contextualizes carceral deference historically, politically, and culturally, and it thus adds a piece that has been missing from the literature. Drawing on primary and secondary historical sources and anchoring the analysis in Bourdieu’s field theory, this Article is an important step to …