Arms And The Man: Strategic Trade Control Challenges Of 3d Printing, 2018 University of Tennessee Knoxville
Arms And The Man: Strategic Trade Control Challenges Of 3d Printing, Arjun Banerjee
International Journal of Nuclear Security
3D printing is on the verge of confronting Customs and other security agencies with a whole new set of mind-boggling problems. With the tremendous reach of the Internet worldwide, virtual blueprints to weapon parts, components and accessories of drones, narcotic drugs and psychoactive substances, all strategic trade items, as well as other restricted items such as pornographic material, can be proliferated and printed out swiftly by any individual or organization with access to a 3D printer. Intellectual Property Rights are also endangered by these machines. Technology is forever outpacing fast antiquating legal institutions, and security systems, which require revamping to ...
The Effects Of Holistic Defense On Criminal Justice Outcomes, 2018 RAND Corporation
The Effects Of Holistic Defense On Criminal Justice Outcomes, James Anderson, Maya Buenaventura, Paul Heaton
Faculty Scholarship at Penn Law
No abstract provided.
Deconstructing “Sanctuary Cities”: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, 2018 Roger Williams University School of Law
Deconstructing “Sanctuary Cities”: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies
Washington and Lee Law Review
No abstract provided.
The Consensus Myth In Criminal Justice Reform, 2018 University of Colorado Law School
The Consensus Myth In Criminal Justice Reform, Benjamin Levin
Michigan Law Review
It has become popular to identify a “consensus” on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society.
The Article maps two prevailing, but fundamentally distinct, critiques of criminal law: (1) the quantitative approach (what I call the “over” frame ...
Finally Freed Or Infinitely Detained? The Need For A Clear Standard Of Finality For Reinstated Orders Of Removal, 2018 Boston College Law School
Finally Freed Or Infinitely Detained? The Need For A Clear Standard Of Finality For Reinstated Orders Of Removal, John Gavin
Boston College Law Review
Circuits are currently split as to whether reinstated orders of removal are final orders of removal. The resolution of this circuit split and related legislative ambiguity has far-reaching implications for the rights of the 150,000 or more unauthorized immigrants who enter the United States each year. Reinstated orders of removal are a means by which the United States government can more rapidly deport individuals who reenter the country after having been previously deported. On July 29, 2016, in Guerra v. Shanahan, the United States Court of Appeals for the Second Circuit declared that reinstated orders of removal are not ...
Criminal Doctrines Of Faith, 2018 University of Baltimore School of Law
Criminal Doctrines Of Faith, David Jaros
Boston College Law Review
Decisions like Miranda v. Arizona helped popularize a conception of the courts as a protector of criminal defendants and a bulwark against overly aggressive law enforcement. But from arrest through trial, the U.S. Supreme Court has fashioned criminal constitutional procedure with a deep and abiding faith in the motivations of the criminal justice system’s actors. Even decisions that vindicate individual constitutional rights at the expense of police and prosecutorial power are shaped by the Court’s fundamental trust in those same actors. They establish, in essence, “Criminal Doctrines of Faith.” Criminal Doctrines of Faith pervade each stage of ...
Discriminatory Job Knowledge Tests, Police Promotions, And What Title Vii Can Learn From Tort Law, 2018 Boston College Law School
Discriminatory Job Knowledge Tests, Police Promotions, And What Title Vii Can Learn From Tort Law, Mark S. Brodin
Boston College Law Review
Nationally, the continued use of selection devices by police departments—such as multiple-choice examinations requiring memorization of police manuals—stifles advancement for a disproportionate number of otherwise qualified minority candidates, and hinders the desired diversification of the upper ranks. These exams have little to do with predicting success as a sergeant or other police supervisor. The traditional Title VII approach, a disparate impact challenge, has proven unsatisfactory given the relative ease with which the exams can be “content validated” in court. This Article proposes a new approach familiar to tort lawyers—the inference of intent from actions taken with foreseeable ...
‘Affluent’ Justice: The Role Of Ses In Sentencing Severity, 2018 CUNY John Jay College
‘Affluent’ Justice: The Role Of Ses In Sentencing Severity, Sonia Pappachan
Imprisonment is the harshest punishment the law can give a defendant; it has considerable consequences on the incarcerated, during and after. Therefore, the sentencing phase of the criminal proceedings should be fair and balanced. However, the literature and researches that have explored the biases in sentencing found that there is a disparity in sentencing due to the characteristics of both the victim and the defendant. The current study used a sample of 209 online survey participants to explore the effect of the socioeconomic status of the victim and defendant on sentencing length. Participants reviewed a vignette of a criminal offense ...
Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei
Master of Laws Research Papers Repository
Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that ...
“Second Looks, Second Chances”: Collaborating With Lifers On A Video About Commutation Of Lwop Sentences, 2018 University of Pennsylvania Law School
“Second Looks, Second Chances”: Collaborating With Lifers On A Video About Commutation Of Lwop Sentences, Regina Austin
Faculty Scholarship at Penn Law
In Pennsylvania, life means life without the possibility of parole (“LWOP”) or “death by incarceration.” Although executive commutation offers long serving rehabilitated lifers hope of release, in the past 20 years, only 8 commutations have been granted by the state’s governors. This article describes the collaboration between an organization of incarcerated persons serving LWOP and the law-school-based Penn Program on Documentaries and the Law that produced a video supporting increased commutations for Pennsylvania lifers. The article details the methodology of collaborative videomaking employed, the strategic decisions over content that were impacted by the politics of commutation, and the contributions ...
The Stored Communications Act: Property Law Enforcement Tool Or Instrument Of Oppression?, 2018 West Virginia University College of Law
The Stored Communications Act: Property Law Enforcement Tool Or Instrument Of Oppression?, Raymond Boyce
West Virginia Law Review
No abstract provided.
Safety & Risk Management News October 2018, 2018 Otterbein University
Safety & Risk Management News October 2018, Tara Chinn
Otterbein Police Department
No abstract provided.
Proposed Rules To Determine The Legal Use Of Autonomous And Semi-Autonomous Platforms In Domestic U.S. Law Enforcement, 2018 United States Coast Guard
Proposed Rules To Determine The Legal Use Of Autonomous And Semi-Autonomous Platforms In Domestic U.S. Law Enforcement, Michael Sinclair
North Carolina Journal of Law & Technology
We need some rules. “Or there will be . . . trouble.”
The Johnson & Johnson Problem: The Supreme Court Limited The Armed Career Criminal Act's "Violent Felony" Provision—And Our Children Are Paying, 2018 J.D., Pepperdine University School of Law
The Johnson & Johnson Problem: The Supreme Court Limited The Armed Career Criminal Act's "Violent Felony" Provision—And Our Children Are Paying, Shelby Burns
Pepperdine Law Review
The Armed Career Criminal Act and United States Sentencing Guidelines prescribe sentence enhancements based upon a defendant’s prior convictions. In particular, these federal sentencing tools contain violent felony provisions that outline the requirements a state criminal statute must satisfy for a conviction to constitute a violent felony, making the convicted person eligible for a federal sentence enhancement. However, the Supreme Court’s holdings in Johnson v. United States, 559 U.S. 133 (2010) and Johnson v. United States, 135 S. Ct. 2551 (2015) severely limited the scope of both sentencing tools’ violent felony provisions, making it more difficult for ...
Legal Optimism: Restoring Trust In The Criminal Justice System Through Procedural Justice, Positive Psychology And Just Culture Event Reviews, John Hollway
Master of Applied Positive Psychology (MAPP) Capstone Projects
Like any complex, dynamic system, the American criminal justice system makes mistakes. Unfortunately, criminal justice organizations lack a systematic process enabling them to learn from cases of error. Ignoring or minimizing errors erodes organizational legitimacy and contributes to a downward spiral of legal cynicism that increases violent crime. This paper describes the application of positive psychology and procedural justice to restore legal optimism – confidence and trust that the criminal justice system will respond in a just fashion to criminal activity – through Just Culture Event Reviews (JCERs), non-blaming multi-stakeholder reviews of cases where the system has erred. JCERs identify contributing factors ...
Dave Sprout Interview, 2018, 2018 Bucknell University
Dave Sprout Interview, 2018, Jennifer Thomson
Jennifer Thomson, assistant professor of History at Bucknell University, interviews Dave Sprout of the Lewisburg Prison Project. Thomson and Sprout discussed the recent closure of the Special Management Unit (SMU) of the United States Penitentiary, Lewisburg. Sprout discussed a recent system-wide lockdown, and policy changes implemented by the Pennsylvania Department of Corrections. Policy changes will affect prisoner access to original pieces of mail.
How To End “Illegal Immigration”, 2018 Boston College Law School
How To End “Illegal Immigration”, Kari E. Hong
Boston College Law School Faculty Papers
Since President Trump has taken office, it is clearer than ever that there are two ways to end “illegal immigration.” The first route — started by President Obama and ratcheted up by President Trump with relentless cruelty — is an actual effort to deport millions and exclude millions more. The second is to legalize those without status who have been, are, and will continue to contribute to America’s families, communities, and future.
This essay argues that the latter choice, restoring the paths to legalization that once were part of our nation’s laws, is the only realistic way forward to restore ...
Chilling: The Constitutional Implications Of Body-Worn Cameras And Facial Recognition Technology At Public Protests, 2018 Washington and Lee University School of Law
Chilling: The Constitutional Implications Of Body-Worn Cameras And Facial Recognition Technology At Public Protests, Julian R. Murphy
Washington and Lee Law Review Online
In recent years body-worn cameras have been championed by community groups, scholars, and the courts as a potential check on police misconduct. Such has been the enthusiasm for body-worn cameras that, in a relatively short time, they have been rolled out to police departments across the country. Perhaps because of the optimism surrounding these devices there has been little consideration of the Fourth Amendment issues they pose, especially when they are coupled with facial recognition technology (FRT). There is one particular context in which police use of FRT equipped body-worn cameras is especially concerning: public protests. This Comment constitutes the ...
Understanding The Sexual Assault Kit Backlog In Pennsylvania, 2018 Duquesne University
Understanding The Sexual Assault Kit Backlog In Pennsylvania, Kallie Crawford, Lyndsie Ferrara
Graduate Student Research Symposium
According to the FBI, to date, there are more than 400,000 untested sexual assault kits nationwide. While this is a huge issue that cannot be solved overnight, continual improvements and changes are needed to reduce and hopefully eliminate the backlog.
This research examines work going on nationwide and aims to better understand the backlog issues specifically in Pennsylvania. Furthermore, the research examines a program utilized by the law enforcement community that garnered necessary resources. First, a comprehensive review of improved practices in proactive jurisdictions of Ohio, Houston, Texas, and Detroit, Michigan was conducted to identify general policies and procedures ...
Garbage In, Garbage Out: Revising Strickland As Applied To Forensic Science Evidence, 2018 Southern Center for Human Rights
Garbage In, Garbage Out: Revising Strickland As Applied To Forensic Science Evidence, Mark Loudon-Brown
Georgia State University Law Review
Sophisticated scientific evidence may be an undesirable subject matter for a judge to tackle anew, and it can be even more daunting for a defense attorney to confront, particularly one faced with a crushing caseload. It can be tempting to avoid a challenge to a vulnerable forensic science discipline—be it new, novel, or simply recently called into question—when a lawyer reasonably believes that the evidence will be admitted regardless.
Worse still, it may seem reasonable to disregard any adversarial challenge to incriminatory science altogether, and to opt instead for a different defense or to encourage a guilty plea ...