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Full-Text Articles in Social and Behavioral Sciences

An Examination Of Felony Case Processing In The Circuit Court Of Cook County, 2000-2012, Don Stemen Oct 2017

An Examination Of Felony Case Processing In The Circuit Court Of Cook County, 2000-2012, Don Stemen

Don Stemen

This research bulletin provides an examination of felony cases filed in the Circuit Court of Cook County between 2000 and 2012. The examination considers trends in the volume of felony cases filed, the percent of cases disposed of within twelve months of filing, and the average length of time to dispose of cases. The analyses indicate that the number of felony cases filed in Cook County has decreased over the last decade and the percentage of felony cases disposed of within 12 months of filing has increased during the same period. However, the time to case disposition has increased -- …


The Impact Of American Sign Language Interpreter Licensure Laws On D/Deaf Defendants In Criminal Cases, Kymberly Marie Couch May 2017

The Impact Of American Sign Language Interpreter Licensure Laws On D/Deaf Defendants In Criminal Cases, Kymberly Marie Couch

Boise State University Theses and Dissertations

The Americans with Disabilities Act (ADA) is a federal law which, among many other regulations, requires that d/Deaf individuals involved in criminal cases be provided with a qualified interpreter of their language, usually American Sign Language (ASL). A qualified interpreter is not defined within the law and states are left to determine what does or does not constitute qualified. This study analyzes the various ways in which d/Deaf individuals should be treated differently within the justice system due to their differences in communication, as well as how statutes defining the qualification of interpreters may be most inclusive of the variances …


Examining The Processes Of Social Construction On Decision-Making In Domestic Violence Probation Review Hearings, Danielle M. Romain May 2017

Examining The Processes Of Social Construction On Decision-Making In Domestic Violence Probation Review Hearings, Danielle M. Romain

Theses and Dissertations

In domestic violence courts, judges and other court actors are often trained on one particular model of understanding domestic violence: the Duluth model of violence as power and control. There are, however, different theories and discourses about the causes and nature of domestic violence. Further, specialized domestic violence courts, which have become more prevalent since the 1990s, employ a problem-solving approach to domestic violence, focusing on offender accountability, rehabilitation, and victim safety. Whether these courts reduce violence and increase safety is less clear. Further, limited research exists on how offenders are processed through these courts, including post-sentencing decision-making. Given the …


Surveying The Landscape As Technology Revolutionizes Media Coverage Of Appellate Courts, Howard J. Bashman Apr 2017

Surveying The Landscape As Technology Revolutionizes Media Coverage Of Appellate Courts, Howard J. Bashman

The Journal of Appellate Practice and Process

No abstract provided.


Reverse Civic And Legal Exclusions For Persons With Criminal Charges And Convictions, Carrie Pettus-Davis, Matthew W. Epperson, Annie Grier Mar 2017

Reverse Civic And Legal Exclusions For Persons With Criminal Charges And Convictions, Carrie Pettus-Davis, Matthew W. Epperson, Annie Grier

Center for Social Development Research

This policy action statement was developed by members of the network engaged in the Grand Challenge to Promote Smart Decarceration. The Grand Challenges initiative’s policy action statements present proposals emerging from Social Innovation for America’s Renewal, a policy conference organized by the Center for Social Development at Washington University in collaboration with theAmerican Academy of Social Work & Social Welfare, which is leading the Grand Challenges for Social Work initiative to champion social progress through a national agenda powered by science.


Blackstone, Expositor And Censor Of Law Both Made And Found, Jessie Allen Jan 2017

Blackstone, Expositor And Censor Of Law Both Made And Found, Jessie Allen

Book Chapters

Jeremy Bentham famously insisted on the separation of law as it is and law as it should be, and criticized his contemporary William Blackstone for mixing up the two. According to Bentham, Blackstone costumes judicial invention as discovery, obscuring the way judges make new law while pretending to uncover preexisting legal meaning. Bentham’s critique of judicial phoniness persists to this day in claims that judges are “politicians in robes” who pick the outcome they desire and rationalize it with doctrinal sophistry. Such skeptical attacks are usually met with attempts to defend doctrinal interpretation as a partial or occasional limit on …


The Bylaw Puzzle In Delaware Corporate Law, David A. Skeel Jr. Jan 2017

The Bylaw Puzzle In Delaware Corporate Law, David A. Skeel Jr.

All Faculty Scholarship

In less than a decade, Delaware’s legislature has overruled its courts and reshaped Delaware corporate law on two different occasions, with proxy access bylaws in 2009 and with shareholder litigation bylaws in 2015. Having two dramatic interventions in quick succession would be puzzling under any circumstances. The interventions are doubly puzzling because with proxy access, Delaware’s legislature authorized the use of bylaws or charter provisions that Delaware’s courts had banned; while with shareholder litigation, it banned bylaws or charter provisions that the courts had authorized. This Article attempts to unravel the puzzle.

I start with corporate law doctrine, and find …


Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky Jan 2017

Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky

All Faculty Scholarship

The individual plaintiff plays a critical—yet, underappreciated—role in our legal system. Only lawsuits that are brought by individual plaintiffs allow the law to achieve the twin goals of efficiency and fairness. The ability of individual plaintiffs to seek justice against those who wronged them deters wrongdoing, ex ante, and in those cases in which a wrong has been committed nevertheless, it guarantees the payment of compensation, ex post. No other form of litigation, including class actions and criminal prosecutions, or even compensation funds, can accomplish the same result. Yet, as we show in this Essay, in many key sectors of …