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Structural Reform Litigation In American Police Departments, Stephen Rushin 2015 University of Illinois College of Law

Structural Reform Litigation In American Police Departments, Stephen Rushin

Stephen Rushin

In 1994, Congress passed 42 U.S.C. §14141, a statute authorizing the Attorney General to seek equitable relief against local and state police agencies that are engaged in a pattern or practice of unconstitutional misconduct. Although police departments in some of the nation’s largest cities have now undergone this sort of structural reform litigation, there has been little empirical research on the topic. Drawing on original interviews, court documents, statistical data, and media reports, this Article describes the federal government’s use of structural reform litigation in American police departments and theorizes on its effectiveness. It argues that ...


The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), Josephine Sandler Nelson 2015 SelectedWorks

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), Josephine Sandler Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result of this absence of accountability, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

The vacuum at the center of American conspiracy law has now warped the doctrines around it. Especially in ...


An Empirical Evaluation Of The Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, And Geographic Disparities?, John J. Donohue 2014 SelectedWorks

An Empirical Evaluation Of The Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, And Geographic Disparities?, John J. Donohue

John Donohue

This article analyzes the 205 death-eligible murders leading to homicide convictions in Connecticut from 1973–2007 to determine if discriminatory and arbitrary factors influenced capital outcomes. A regression analysis controlling for an array of legitimate factors relevant to the crime, defendant, and victim provides overwhelming evidence that minority defendants who kill white victims are capitally charged at substantially higher rates than minority defendants who kill minorities, that geography influences both capital charging and sentencing decisions (with the location of a crime in Waterbury being the single most potent influence on which death-eligible cases will lead to a sentence of death ...


Transborder Abductions By American Bounty Hunters - The Jaffe Case And A New Understanding Between The United States And Canada, Kristofer R. Schleicher 2014 University of Georgia School of Law

Transborder Abductions By American Bounty Hunters - The Jaffe Case And A New Understanding Between The United States And Canada, Kristofer R. Schleicher

Georgia Journal of International & Comparative Law

No abstract provided.


A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake 2014 Pace University

A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake

Pace International Law Review

Using the pure adversarial model expounded in part I (a) as the baseline for analysis, Parts II, III and IV of this article will explore the procedural evolution that has taken place at the International Criminal Tribunal for the Former Yugoslavia (II), the International Criminal Court (III) and the Extraordinary Chambers in the Courts of Cambodia (IV). Part V will then plot the structural and procedural shifts that have taken place at those courts onto the spectrum of procedure identified in part I (c), before concluding, in Part VI, with what these shifts teach us about the convergence of adversarial ...


Lethal Injection Secrecy And Eighth Amendment Due Process , Eric Berger 2014 Boston College Law School

Lethal Injection Secrecy And Eighth Amendment Due Process , Eric Berger

Boston College Law Review

The U.S. Supreme Court has held that death row inmates possess an Eighth Amendment right protecting them against execution methods posing a substantial risk of serious harm. Despite the clear existence of this liberty interest, lower federal courts have repeatedly denied inmates’ requests to know important details of the lethal injection procedure the state plans to use. This Article argues that the Eighth Amendment includes an implicit due process right to know such information about the state’s planned method of execution. Without this information, inmates cannot protect their Eighth Amendment right against an excruciating execution, because the state ...


The Opioid-Dependent Criminal: Improving The Criminal Justice System To Account For Their Needs, Courtney E. Priolo 2014 SelectedWorks

The Opioid-Dependent Criminal: Improving The Criminal Justice System To Account For Their Needs, Courtney E. Priolo

Courtney E Priolo

Over the past twenty-five years national concern over the drug-crime relationship has been increasing. This increase has led to growth of criminal justice penalties as opposed to therapeutic approaches such as medication-assisted treatment, resulting in an expansion of the drug-involved criminal justice population. Individuals who are opioid-dependent are vulnerable at the time of arrest, and at the time of their initial detention due to their chemical dependence and impairment of their neurocognitive functioning. The denial of medication to inmates in order to alleviate withdrawal symptoms is stigmatizing, punishing, and potentially life-threatening. This article argues that medication-assisted treatment for the criminal ...


Supreme Court, Bronx County, People V. Barnville, David Schoenhaar 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, Bronx County, People V. Barnville, David Schoenhaar

Touro Law Review

No abstract provided.


Supreme Court, New York County, People V. Cespedes, Kathleen Egan 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, New York County, People V. Cespedes, Kathleen Egan

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People V. Butler, Courtney Weinberger 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, Bronx County, People V. Butler, Courtney Weinberger

Touro Law Review

No abstract provided.


Criminal Court, New York County, People V. James, Nicole Compas 2014 Touro College Jacob D. Fuchsberg Law Center

Criminal Court, New York County, People V. James, Nicole Compas

Touro Law Review

No abstract provided.


Supreme Court, Queens County, People V. Michaelides, Christin Harris 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, Queens County, People V. Michaelides, Christin Harris

Touro Law Review

No abstract provided.


Supreme Court, Kings County, People V. Miller, Courtney Weinberger 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, Kings County, People V. Miller, Courtney Weinberger

Touro Law Review

No abstract provided.


Supreme Court, Kings County, People V. Chapman, Kerri Grzymala 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, Kings County, People V. Chapman, Kerri Grzymala

Touro Law Review

No abstract provided.


Appellate Division, First Department, People V. Ramirez, Nicole Compas 2014 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, First Department, People V. Ramirez, Nicole Compas

Touro Law Review

No abstract provided.


Supreme Court, New York County, People V. Vasquez, Jessica Goodwin 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, New York County, People V. Vasquez, Jessica Goodwin

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People Ex Rel. Furde V. New York City Dep't Of Correction, Adam D'Antonio 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, Bronx County, People Ex Rel. Furde V. New York City Dep't Of Correction, Adam D'Antonio

Touro Law Review

No abstract provided.


Appellate Division, Third Department, People V. Rivette, Michele Kligman 2014 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, Third Department, People V. Rivette, Michele Kligman

Touro Law Review

No abstract provided.


District Court, Nassau County, People V. Yaghoubi, David Schoenhaar 2014 Touro College Jacob D. Fuchsberg Law Center

District Court, Nassau County, People V. Yaghoubi, David Schoenhaar

Touro Law Review

No abstract provided.


Principles For Establishment Of A Rule Of Law Criminal Justice System, William M. Cohen 2014 University of Georgia School of Law

Principles For Establishment Of A Rule Of Law Criminal Justice System, William M. Cohen

Georgia Journal of International & Comparative Law

No abstract provided.


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