Administrative Law In The Automated State, 2021 University of Pennsylvania Law School
Administrative Law In The Automated State, Cary Coglianese
Faculty Scholarship at Penn Law
In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated ...
Close Encounters: Mass Incarceration Tactics, 2021 Stephen F. Austin State University
Close Encounters: Mass Incarceration Tactics, Kevin L. Jones
The Journal of Faith, Education, and Community
As a Black man living in America, my Christian faith walk began at an early age. Growing up in a suburban environment, I had several encounters with law enforcement that shaped my belief system. These encounters were and still are a stark reminder that Black boys and men are under attack. Policing negatively impacts Black boys and men when compared to other races of people. I realized that I was in their cross hairs and I was almost consumed by the criminal justice system on many occasions. Through the lens of Critical Race Theory, this work focused on the centrality ...
Divided Court Issues Bright-Line Ruling On Fourth Amendment Seizures, 2021 William & Mary Law School
Divided Court Issues Bright-Line Ruling On Fourth Amendment Seizures, Jeffrey Bellin
No abstract provided.
The Concept Of Transparency In The Work Of The Courts And Its Role In The Administration Of Justice, 2021 Academy of the General Prosecution office
The Concept Of Transparency In The Work Of The Courts And Its Role In The Administration Of Justice, Erkin Kuchkarbaevich Sabirov
The article examines the concept of transparency in the activities of the courts and its role in the administration of justice. Information about the private lives of persons who cannot be disclosed and will be heard in closed court shall be specified in detail and shall include personal audio and video recordings, photographs and films, electronic, digital and other documentary means in addition to personal correspondence and other personal messages. When the case is heard in closed session of the court, it should be borne in mind that the participation of persons under the age of sixteen is not allowed ...
Preview—United States V. Cooley: What Will Happen To The Thinnest Blue Line?, 2021 Alexander Blewett III School of Law at the University of Montana
Preview—United States V. Cooley: What Will Happen To The Thinnest Blue Line?, Jo J. Phippin
Public Land & Resources Law Review
The Supreme Court of the United States ("Supreme Court") will hear oral arguments in this matter on Tuesday, March 23, 2021. This case presents the narrow issue of whether a tribal police officer has the authority to investigate and detain a non-Indian on a public right-of-way within a reservation for a suspected violation of state or federal law. The lower courts, holding that tribes have no such authority, granted James Cooley’s motion to suppress evidence. The Supreme Court must decide whether the lower courts erred in so deciding. While the issue before the Supreme Court is itself narrow, it ...
Are Federal Exonerees Paid?: Lessons For The Drafting And Interpretation Of Wrongful Conviction Compensation Statutes, 2021 The George Washington University Law School
Are Federal Exonerees Paid?: Lessons For The Drafting And Interpretation Of Wrongful Conviction Compensation Statutes, Jeffrey S. Gutman
Cleveland State Law Review
In this third of a series of articles on wrongful conviction compensation statutes, Professor Jeffrey Gutman tackles the first statute attempted to be passed in the United States – the federal wrongful conviction compensation statute. Championed in concept by Edwin Borchard, it was in fact poorly drafted, and recommendations by Attorney General Homer Cummings to improve it were only partly successful. This Article retraces the long legislative history of the statute which is dotted with sloppy language and reasoning, unexplained amendments and an unfortunate focus on who was not to benefit from it, rather than who was. This tangled legislative history ...
Identifying Red Flags And Risk Factors Of Child Sex Trafficking Among Runaway And Incorrigible Children In South Carolina, 2021 University of South Carolina
Identifying Red Flags And Risk Factors Of Child Sex Trafficking Among Runaway And Incorrigible Children In South Carolina, Sydney Arsenault, Liyun Zhang
National Youth Advocacy and Resilience Conference
Sex trafficking is severely oppressing children in South Carolina, in part due to the difficulty in identifying victim and potential victims. This presentation reveals findings of red flags and risk factors identified from the analysis of runaway and incorrigible incident reports collected from local law enforcement agencies in South Carolina. Applications of the findings will be discussed.
Reimagining Criminal Justice: In Defense Of Self-Defense, 2021 Golden Gate University School of Law
Reimagining Criminal Justice: In Defense Of Self-Defense, Jude Diebold
Reimagining Criminal Justice
Since the Louisville, Kentucky police killed Breonna Taylor in the middle of the night in her own apartment, the United States has seen an uptick in protests against racially motivated police violence. However, the officers responsible for her death have not been criminally charged, in part because her boyfriend, unaware that police were entering the apartment in the middle of the night, shot one of the officer’s in the leg, “justifying” the next six rounds that were shot by the police and ultimately killed an innocent woman during the botched police raid.
As if this was not outrageous enough ...
How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, 2021 University of Pennsylvania Carey Law School
How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, Paul H. Robinson, Matthew Kussmaul, Muhammad Sarahne
Faculty Scholarship at Penn Law
Solving criminal justice problems typically requires the enactment of new rules or the modification of existing ones. But there are some serious problems that can best be solved simply by altering the way in which the existing rules are drafted rather than by altering their content. This is the case with two of the most serious problems in criminal justice today: the problem of overlapping criminal offenses that create excessive prosecutorial charging discretion and the problem of legislative inconsistency and irrationality in grading offenses.
After examining these two problems and demonstrating their serious effects in perverting criminal justice, the essay ...
The Beginning Of The End: Abolishing Capital Punishment In Virginia, 2021 Washington and Lee University School of Law
The Beginning Of The End: Abolishing Capital Punishment In Virginia, Alexandra L. Klein
Washington and Lee Law Review Online
When thinking about the history of capital punishment in the United States, I suspect that the average person is likely to identify Texas as the state that has played the most significant role in the death penalty. The state of Texas has killed more than five hundred people in executions since the Supreme Court approved of states’ modified capital punishment schemes in 1976. By contrast, Virginia has executed 113 people since 1976.
But Virginia has played a significant role in the history of capital punishment. After all, the first recorded execution in Colonial America took place in 1608 at Jamestown ...
George R. R. Martin's Faith Militant In Modern America: The Establishment Clause And A State's Ability To Delegate Policing Powers To Private Police Forces Operated By Religious Institutions, 2021 William & Mary Law School
George R. R. Martin's Faith Militant In Modern America: The Establishment Clause And A State's Ability To Delegate Policing Powers To Private Police Forces Operated By Religious Institutions, Andrew Gardner
William & Mary Bill of Rights Journal
Since the very founding of the United States, the complex relationship between government and religion has troubled and concerned lawmakers. The Establishment Clause of the First Amendment to the United States Constitution was one of the first attempts to help define and restrain the government's role in that nexus. Thomas Jefferson, in a letter praising the Establishment Clause, famously wrote that the clause "buil[t] a wall of separation between Church [and] State." However, the extent of the protections that the Establishment Clause was intended to provide is unclear, and judges as well as legal scholars have struggled with ...
Formation And Development Of The Prosecutor's Supervision Over The Compliance Of Laws In Investigation Of Crimes In The Sphere Of Information Technologies, 2021 Academy of the General Prosecution office
Formation And Development Of The Prosecutor's Supervision Over The Compliance Of Laws In Investigation Of Crimes In The Sphere Of Information Technologies, Atobek Ravshanovich Davronov, Atobek Davronov
The rapid growth of information technologies naturally determines the interest of researchers in them from various fields of science. Law, including criminal law, is no exception. Currently: a separate branch of law is being formed - information law. Despite this, until now in science unified approaches to the analysis of information and legal phenomena have not been developed. The article analyzes the formation and development of prosecutorial supervision over the execution of laws in the investigation of crimes in the field of information technology, and also studied the process of the emergence of information technology as a type of crime abroad ...
Prosecutor's Supervision Over The Legality Of The Preliminary Investigation And Inquiry During The Qualification Of Crimes In The Field Of Information Technology, 2021 Academy of the General Prosecution office
Prosecutor's Supervision Over The Legality Of The Preliminary Investigation And Inquiry During The Qualification Of Crimes In The Field Of Information Technology, Atobek Ravshanovich Davronov
Correct, that is, consistent with the principles of criminal law and criminal law, qualification of a crime ensures accurate and full application of the complex of norms of criminal and criminal procedure laws. Depending on the qualification of the crime, criminal law issues are resolved about punishment, release from criminal liability and punishment, parole, calculation of convictions, amnesty. The qualification of crimes is important for initiating a criminal case, determining the subject of proof, ensuring the rights of the accused and applying other criminal procedural norms. This scientific and practical article is devoted to the prosecutor's supervision over the ...
Dear Courts: I, Too, Am A Reasonable Man, 2021 Pepperdine University
Dear Courts: I, Too, Am A Reasonable Man, Marvel L. Faulkner
Pepperdine Law Review
There has been an ongoing debate regarding police-on-Black violence since the dawn of the United States police force. At every stage, the criminal justice system has had a monumental impact on the plight of the Black American community. The historical roots of racism within the criminal justice system have had adverse effects on the Black American psyche. Emerging research suggests that the upsurge in reporting police-on-Black violence—including videos shot from pedestrian camera phones and uploaded to multimedia platforms and historical accounts of the agonizing treatment Black Americans have experienced beginning with Slave Patrols—has affected individualized behavior during interactions ...
The Increased Exposure To Coronavirus (Covid-19) For Prisoners Justifies Early Release: And The Wider Implications Of This For Sentencing—Reducing Most Prison Terms Due To The Harsh Incidental Consequences Of Prison, 2021 Pepperdine University
The Increased Exposure To Coronavirus (Covid-19) For Prisoners Justifies Early Release: And The Wider Implications Of This For Sentencing—Reducing Most Prison Terms Due To The Harsh Incidental Consequences Of Prison, Mirko Bagaric, Peter Isham, Jennifer Svilar
Pepperdine Law Review
The risk of coronavirus (COVID-19) spreading in prisons is especially acute. This has resulted in an unprecedented number of prisoners being released across the world – including many prisoners in the United States. From the health, social, and political perspectives, this is a sound approach. This is especially the situation in relation to older prisoners and those who have not been imprisoned for serious sexual and violent offenses. Despite the large number of prisoners that are being released, the United States will still have the largest prison population on earth—and by a large margin. However, the coronavirus pandemic and the ...
Criminal Law’S Core Principles, 2021 University of Pennsylvania Carey Law School
Criminal Law’S Core Principles, Paul H. Robinson
Faculty Scholarship at Penn Law
Modern criminal law scholars and policymakers assume they are free to construct criminal law rules by focusing exclusively on the criminal justice theory of the day. But this “blank slate” conception of criminal lawmaking is dangerously misguided. In fact, lawmakers are writing on a slate on which core principles are already indelibly written and realistically they are free only to add detail in the implementation of those principles and to add additional provisions not inconsistent with them. Attempts to do otherwise are destined to produce tragic results from both utilitarian and retributivist views.
Many writers dispute that such core principles ...
A Bibliometric Analysis Of Human Trafficking In The Wake Of Natural Disasters, 2021 Symbiosis Law School, Pune
A Bibliometric Analysis Of Human Trafficking In The Wake Of Natural Disasters, Shashikala Gurpur Dr, Manika Kamthan Dr, Vartika Tiwari Ms.
Library Philosophy and Practice (e-journal)
This study is based on the bibliometric analysis of research publications that focus on highlighting the interlinkages between natural disasters and human trafficking as its aftermath. The main objectives of the study are to determine the frequency of such publications and also to establish that the problem of trafficking as a result of natural disasters has not received enough attention from the researchers. The data was collected from the Scopus database using VOSviewer software. Literature written from 2000 to October 2020 were perused. The study consisted of a total of 66 documents which are classified into articles, letters, editorials conference ...
Maritime Police Law Of The People’S Republic Of China, 2021 U.S. Naval War College
Maritime Police Law Of The People’S Republic Of China, Raul (Pete) Pedrozo
International Law Studies
China’s new Maritime Police Law (MPL) purports to regulate the duties of China’s maritime police agencies, including the China Coast Guard, and safeguard China’s sovereignty, security, and rights and interest. The MPL has potentially far-reaching application, as China claims extensive maritime areas off its mainland and in the South China Sea. This expansive application of maritime law enforcement jurisdiction is problematic given that most of China’s maritime claims are inconsistent with international law. To the extent that the MPL purports to assert jurisdiction over foreign flagged vessels in disputed areas or on the high seas, it ...
Thirteenth Amendment Litigation In The Immigration Detention Context, 2021 Georgetown University Law Center
Thirteenth Amendment Litigation In The Immigration Detention Context, Jennifer Safstrom
Michigan Journal of Race and Law
This Article analyzes how the Thirteenth Amendment has been used to prevent forced labor practices in immigration detention. The Article assesses the effectiveness of Thirteenth Amendment litigation by dissecting cases where detainees have challenged the legality of labor requirements under the Trafficking Victims Protection Act. Given the expansion in immigration detention, the increasing privatization of detention, and the significant human rights implications of this issue, the arguments advanced in this Article are not only currently relevant but have the potential to shape ongoing dialogue on this subject.
Rethinking The Reasonable Response: Safeguarding The Promise Of Kingsley For Conditions Of Confinement, 2021 University of Michigan Law School
Rethinking The Reasonable Response: Safeguarding The Promise Of Kingsley For Conditions Of Confinement, Hanna Rutkowski
Michigan Law Review
Nearly five million individuals are admitted to America’s jails each year, and at any given time, two-thirds of those held in jail have not been convicted of a crime. Under current Supreme Court doctrine, these pretrial detainees are functionally protected by the same standard as convicted prisoners, despite the fact that they are formally protected by different constitutional amendments. A 2015 decision, Kingsley v. Hendrickson, declared that a different standard would apply to pretrial detainees and convicted prisoners in the context of use of force: consistent with the Constitution’s mandate that they not be punished at all, pretrial ...