The Reentry Of Young Offenders: A Look At Successful Reintegration, 2014 McMaster University
The Reentry Of Young Offenders: A Look At Successful Reintegration, Samantha Bellmore
Open Access Dissertations and Theses
This qualitative study looks at the experiences of youth reentering their communities after serving a custodial sentence. Interviews were conducted from the perspectives of five key informants, including youth counselors and probation officers. Based on these conversations, the nuances of youth reentry were explored in-depth. These pages contain personal stories regarding the successes and challenges that come with reentry and reentry programming. Based on the findings and relevant literature, recommendations and suggestions on how to improve reentry are made. Further, in contrast to dominant recidivism-based understandings of success, this study promotes a more holistic understanding of successful reentry outcomes.
Emerging Technologies And Dwindling Speech, 2014 Charleston School of Law
Emerging Technologies And Dwindling Speech, Jorge R. Roig
Jorge R Roig
Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context ...
Are Mothers Hazardous To Their Children’S Health?: Law, Culture, And The Framing Of Risk, 2014 Pace University
Are Mothers Hazardous To Their Children’S Health?: Law, Culture, And The Framing Of Risk, Linda C. Fentiman
Pace Law Faculty Publications
This article will proceed in four parts. Part I will elucidate the current myopic focus on mothers as the source of risk to children’s health and contrast common perceptions about the health of America’s children to reality. Part II will discuss how and why this distortion has arisen, exploring the social science research on risk perception. Part III will examine the history, and nature of, American law, and demonstrate how that law both reflects and reinforces existing sociocultural norms. Part IV will comment on the implications of Parts II and III and suggest how the risks to children ...
Sex, Science, And The Age Of Anxiety, 2014 Pace University
Sex, Science, And The Age Of Anxiety, Linda C. Fentiman
Pace Law Faculty Publications
This article examines the question of whether the HPV vaccine should be mandated (for girls and/or boys) in the context of declining rates of childhood immunization, and the potential threat to public health that this decline poses. The article addresses two interconnected legal issues: first, is mandating vaccines to prevent the spread of disease constitutional under substantive due process and equal protection principles, and second, should parents be permitted to “opt out” of mandatory vaccination on their children’s behalf, either for all vaccines or those which prevent particular diseases. The article addresses these issues in the context of ...
The Interdisciplinary Party, 2013 BLR
The Interdisciplinary Party, Hanoch Dagan, Roy Kreitner
Tel Aviv University Law Faculty Papers
The inaugural issue of Critical Analysis of Law: An International & Interdisciplinary Law Review (cal.library.utoronto.ca) is an opportunity to reflect on the distinctive contribution of legal theory to the interaction between law and its neighboring disciplines. This brief exploratory essay suggests that interrogating the law as a set of coercive normative institutions serves as a useful point of orientation for disciplinary interaction. In particular, we suggest that attention to coercive normative institutions can help legal scholars in the tasks of selecting extra-disciplinary materials, integrating those materials into legal analysis, and synthesizing various disciplinary contributions.
Improve Living Standards In Poor Countries: Reform The International Monetary Fund, Ross Buckley
University of New South Wales Faculty of Law Research Series 2013
The International Monetary Fund was primarily established to facilitate the management of a fixed exchange rate regime designed to promote global trade. It did this in the 1950s and 1960s. It was a good idea for its time. That time ended with the floating of exchange rates in the 1970s. Since then the Fund has become the economic policy director of countries in crisis, a role it is ill-suited to serve, and which it has fulfilled poorly. This essay reviews the Fund’s performance in managing the debt crisis of the 1980s, the East Asian crisis of the late 1990s ...
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, 2013 Seattle University School of Law
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali
Seattle University Law Review
On June 15, 2012, President Obama made an announcement that changed the lives of millions. Effective immediately, the Obama administration would implement a new program—what would come to be known as Deferred Action for Child-hood Arrivals (DACA)—offering eligible undocumented young people both a two-year respite from the haunting possibility of deportation as well as the eligibility to apply for employment authorization. While millions were elated by the President’s announcement, he also faced harsh criticism. Many claimed that his action exceeded federal statutory limits, exceeded his Executive powers, and usurped congressional authority. Still others, anxious to see comprehensive ...
Character, Liberalism, And The Protean Culture Of Evidence Law, 2013 Seattle University School of Law
Character, Liberalism, And The Protean Culture Of Evidence Law, Daniel D. Blinka
Seattle University Law Review
It is time to rethink character evidence. Long notorious as the most frequently litigated evidence issue, character doctrine plagues courts, trial lawyers, and law students with its infamously “grotesque” array of nonsensical rules, whimsical distinctions, and arcane procedures. Character is a calculation of social worth and value; it is the sum total of what others think of us, whether expressed as their own opinion or the collective opinions of many (reputation). Once we grasp that character is a social construct, we are in a better position to address some of the problems that plague evidence law. To provide needed clarity ...
Academic Freedom And Professorial Speech In The Post-Garcetti World, 2013 Seattle University School of Law
Academic Freedom And Professorial Speech In The Post-Garcetti World, Oren R. Griffin
Seattle University Law Review
Academic freedom, a coveted feature of higher education, is the concept that faculty should be free to perform their essential functions as professors and scholars without the threat of retaliation or undue administrative influence. The central mission of an academic institution, teach-ing and research, is well served by academic freedom that allows the faculty to conduct its work in the absence of censorship or coercion. In support of this proposition, courts have long held that academic freedom is a special concern of the First Amendment, granting professors and faculty members cherished protections regarding academic speech. In Garcetti v. Ceballos, the ...
Mania: The Lives, Literature, And Law Of The Beats, 2013 Seattle University School of Law
Mania: The Lives, Literature, And Law Of The Beats, Ronald K.L. Collins, David M. Skover
Seattle University Law Review
The Beats introduced the counter-culture to twentieth century America. They were the first to break away from Eisenhower conformity, from the era of the Man in the Grey Flannel Suit. With them came an infusion of rebel spirit—a spirit that hearkened back to Walt Whitman—in their lives, literature, and law. Their literature spawned a remarkable chapter in American obscenity law. The prosecution of Allen Ginsberg’s epic poem, Howl, was the last of its kind in this nation; and the prosecution of William Burroughs’s Naked Lunch is one of the last times that a novel was charged ...
"Amorphous Federalism" And The Supreme Court's Marriage Cases, David B. Cruz
University of Southern California Legal Studies Working Paper Series
This is a draft of an article forthcoming in the Loyola Law Review Supreme Court issue. It addresses the U.S. Supreme Court’s decisions in Hollingsworth v. Perry and United States v. Windsor, the two cases in the October 2012 term that took up issues of marriage rights of same sex couples. Part I examines the Supreme Court’s opinion in Perry. It summarizes the litigation; teases out divergent views of the relevance of federalism for the Court’s standing ruling in the case; identifies the problematic constitutional underpinnings of the Perry dissenters’ views of federal court standing, which ...
Wireless Networks: Technological Challenges And Policy Implications, 2013 University of Pennsylvania Law School
Wireless Networks: Technological Challenges And Policy Implications, Christopher S. Yoo
Since June 2012, mobile wireless has emerged as the largest and fast growing medium for broadband service. At the same time, mobile wireless networks have proven considerably more difficult to manage than wireline networks. The primary causes are the rapid growth in demand for wireless bandwidth and the greater susceptibility of wireless networks to poor quality of service because of the omnidirectional propagation of wireless signals, bad handoffs, local congestion, and the susceptibility to complex interference patterns caused by multipath propagation. Moreover, the central inference underlying the primary form of congestion management is not valid for wireless networks. As a ...
The Moral Vigilante And Her Cousins In The Shadows, 2013 University of Pennsylvania Law School
The Moral Vigilante And Her Cousins In The Shadows, Paul H. Robinson
By definition, vigilantes cannot be legally justified – if they satisfied a justification defense, for example, they would not be law-breakers – but they may well be morally justified, if their aim is to provide the order and justice that the criminal justice system has failed to provide in a breach of the social contract. Yet, even moral vigilantism is detrimental to society and ought to be avoided, ideally not by prosecuting moral vigilantism but by avoiding the creation of situations that would call for it. Unfortunately, the U.S. criminal justice system has adopted a wide range of criminal law rules ...
Expropriatory Compensation, Distributive Justice, And The Rule Of Law, Hanoch Dagan
Tel Aviv University Law Faculty Papers
This Essay examines the possible justification for providing less than full (fair market value) compensation for expropriation. One obvious justification applies in cases of public measures, where the burden is deliberately distributed progressively, namely, where redistribution is the desired goal of the public action or, at least, one of its primary objectives. Beside this relatively uncontroversial category, two other explanations are often raised: that partial compensation is justified by reference to the significance of the public interest, even if it is not redistributive, and that it can serve as a means for adjusting the amount of the compensation to the ...
It’S Critical: Legal Participatory Action Research, 2013 University of Cincinnati College of Law
It’S Critical: Legal Participatory Action Research, Emily Houh, Kristin (Brandser) Kalsem
Faculty Articles and Other Publications
The ongoing community-based research project that we describe in this article will contribute, we hope, to an understanding of the fringe economy by offering insights into what remains “unexplained” in the current existing literature, namely the gender and race disparities relating to who uses “alternative financial service” (AFS) products. This article likewise contributes to a growing body of literature within Critical Race Theory and Critical Race Feminism that deals with economic inequalities and how they are inextricably and structurally linked to race and gender subordination. By explicitly incorporating “participatory action research” (PAR) values and methods into our work as critical ...
Speech As A Weapon: Planned Parenthood V. American Coalition Of Life Activists And The Need For A Reasonable Listener Standard, 2013 Touro College Jacob D. Fuchsberg Law Center
Speech As A Weapon: Planned Parenthood V. American Coalition Of Life Activists And The Need For A Reasonable Listener Standard, Alex J. Berkman
Touro Law Review
No abstract provided.
An Overview Of The Effect Of Mental Illness Under U.S. Criminal Law, 2013 University of Pennsylvania Law School
An Overview Of The Effect Of Mental Illness Under U.S. Criminal Law, Paul H. Robinson
This paper reviews the various ways in which an offender's mental illness can have an effect on liability and offense grading under American criminal law. The 52 American jurisdictions have adopted a variety of different formulations of the insanity defense. A similar diversity of views is seen in the way in which different states deal with mental illness that negates an offense culpability requirement, a bare majority of which limit a defendant's ability to introduce mental illness for this purpose. Finally, the modern successor of the common law provocation mitigation allows, in its new breadth, certain forms of ...
Maneuvering Modernity: Family Law As A Battle Field In Colonial Taiwan (1895-1945), 2013 Bridgewater State University
Maneuvering Modernity: Family Law As A Battle Field In Colonial Taiwan (1895-1945), Yun-Ru Chen
2013 New England Association for Asian Studies Conference
Twenty five years after launching its own legal modernization in response to Western imperialism, Japan imposed a modern legal system upon its first colony, Taiwan. In accordance with the “respecting old custom” colonial policy, the Japanese created a system called Taiwanese customary law, a mixture of imperial Chinese laws, local customs and European legal concepts, and gradually implemented its newly adopted European-style Meiji Civil Code (1898). However, even since the late 1910s when the colonial policy changed into “full-flag assimilation,” family law remained an exception to the transplantation of Japanese laws. That did not, however, mean that family law was ...
Michael Harrington: An American Original, 2013 NELLCO
Michael Harrington: An American Original, Samuel Estreicher
New York University Public Law and Legal Theory Working Papers
Michael Harrington (1928-1989) was an important voice for democratic socialism in the United States. His book on The Other America is often credited for sparking the Kennedy and Johnson Administrations’ focus on the plight of America’s poor. He was also an early supporter and then passionate critic of the Students for Democratic Society, a prominent New Left organization active in the 1960s and 1970s, and played a role in the 1963 March on Washington alongside his colleague Bayard Rustin. Harrington’s forged his philosophy and spirit of social activism while engaged Dorothy Day’s “Catholic Worker” movement, and in ...
Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, 2013 Florida International University
Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, Latoya C. Brown
Latoya C. Brown
This paper examines the impending merger between the IntercontinentalExchange (ICE) and NYSE Euronext against the backdrop of the current structure of the global financial services industry. The paper concludes that the merger embodies what the financial services industry is becoming and captures the model that will allow exchanges to remain competitive in today’s marketplace: mega-exchanges with broader asset classes and electronic platforms. As technology and globalization threaten their vitality, exchanges will need to continue reinventing and adapting. Increasingly over the last decade they have done so by merging and by moving, at least a part of, their operations on ...