The Quantitative Turn In Transitional Justice Research: What Have We Learned About Impact?, 2017 University of North Texas
The Quantitative Turn In Transitional Justice Research: What Have We Learned About Impact?, Brandon Stewart, Eric Wiebelhaus-Brahm
Transitional Justice Review
In recent years, scholars have increasingly turned to quantitative research methods to understand the impact of transitional justice (TJ) on societies emerging from periods of violence and repression. This research often seeks to influence policy diffusion by making bold claims based upon large datasets of TJ events that span space and time. However, the policy advice from the first wave of quantitative research is inconsistent if not contradictory. In this article, we outline a range of methodological issues that help to explain the different conclusions reached by these studies, including sampling strategies, model construction, and the measurement of key variables ...
Correspondence: Undated, Thank You Card, To Dr. Saffy, 2017 University of North Florida
Correspondence: Undated, Thank You Card, To Dr. Saffy, Chet A. Aikens
Saffy Collection Textual
Thank you letter to Dr. Saffy for her assistance on attending a luncheon at the Democratic State Conference in Orlando.
Choice-Of-Law Rules For Secured Transactions: An Interest-Based And Modern Principles-Based Framework For Assessment, 2017 University of Pennsylvania Law School
Choice-Of-Law Rules For Secured Transactions: An Interest-Based And Modern Principles-Based Framework For Assessment, Charles W. Mooney Jr.
This essay examines the law applicable to secured transactions. It addresses in particular the codification of the choice-of-law rules for secured transactions (STCOL rules). These rules address the laws applicable to the creation, perfection, priority, and enforcement of security interests (security rights)—a form of legislative or statutory dépeçage. It draws on the 2016 UNCITRAL Model Law on Secured Transactions (Model Law) as well as relevant North American law (Uniform Commercial Code Article 9 and the Canadian provincial Personal Property Security Acts). The STCOL rules lie at the heart of the emerged and emerging modern principles of secured transactions law ...
Quantitative Legal History, 2017 USC Law School
Quantitative Legal History, Daniel M. Klerman
University of Southern California Legal Studies Working Paper Series
Legal historians seldom use statistics, but this is a missed opportunity. Quantitative methods are particularly helpful in understand core legal history issues, including the effect of legal change and the influence of multiple factors on legislation, judicial decisionmaking, and citizen behavior. Recent work by Gavin Wright, Paul Mahoney, and Michele Landis Dauber shows how tables, graphs, and regression analysis can be woven into persuasive historical narrative and analysis. Collaboration between legal historians and quantitative social scientists also provides an untapped avenue to enrich the field.
Report Of The Delaware Criminal Law Recodification Project, 2017 University of Pennsylvania Law School
Report Of The Delaware Criminal Law Recodification Project, Paul H. Robinson, Matthew Kussmaul, Ilya Rudyak, Criminal Law Research Group
In 1973, during the “first wave” of American criminal law recodification efforts following the publication of the Model Penal Code, Delaware adopted a new criminal code. While it represented a dramatic improvement over the law it replaced, its initial clarity and utility were greatly diminished by subsequent piecemeal legislation. Delaware’s current criminal code is lengthy, inconsistent, and replete with duplicative and outdated offenses that impose disproportional punishments. This process of criminal code deterioration is not unique to Delaware and plagues other U.S. jurisdictions. In 2015, however, stakeholders in Delaware’s criminal justice system initiated a code revision process ...
The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment, 2017 Pepperdine University
The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment, Ryan C. Chapman
Pepperdine Law Review
Recent advances in technology are posing new challenges for a legal system based on decades-old precedent. Nowhere is this more apparent than in law enforcement’s warrantless use of IMSI Catchers. These devices mimic a cell phone tower, and when the device is activated, cell phones will naturally connect to them. Law enforcement officers can use those intercepted cell phone signals to track a suspect’s movements in real time with startling accuracy. Scholarly commentary on these devices has largely concluded that their use requires a warrant. This Comment engages in a close examination of Fourth Amendment precedent and argues ...
The Government’S Role In Unleashing Impact Investing’S Full Potential, 2017 Pepperdine University
The Government’S Role In Unleashing Impact Investing’S Full Potential, Chelsea Mcgrath
Pepperdine Law Review
Impact investing refers to investments made in organizations, companies, or funds with the intent to generate measurable social or environmental impact along with a financial return. Since its start in 2008, this industry has become a vibrant tool to address a wide variety of local and global issues, resulting in higher standards of living, lower rates of prison recidivism, clean technology and more. Impact investing is no longer a novel concept. Rather, it has successfully pushed the boundaries from the separate methods of conventional investing and philanthropy, blending them together to create sustainable solutions to social and environmental problems. By ...
Proving Identity, 2017 Pepperdine University
Proving Identity, Jonathan Weinberg
Pepperdine Law Review
United States law, over the past two hundred years or so, has subjected people whose race rendered them noncitizens or of dubious citizenship to a variety of rules requiring that they carry identification documents at all times. Those laws fill a gap in the policing authority of the state, by connecting the individual’s physical body with information the government has on file about him; they also can entail humiliation and subordination. Accordingly, it is not surprising that U.S. law has almost always imposed these requirements on people outside our circle of citizenship: African Americans in the antebellum South ...
Victimhood & Agency: How Taking Charge Takes Its Toll, 2017 Pepperdine University
Victimhood & Agency: How Taking Charge Takes Its Toll, Pam A. Mueller
Pepperdine Law Review
This Article addresses an unexplored tension in the civil justice system regarding victims. The goal of the civil system is to make victims whole. We can, as is most common, attempt to do this financially, or we can consider psychological research that suggests there may be other ways of restoring victims’ statuses. One of the most common nonfinancial solutions is to increase victim participation in the justice process. This is a solution that appeals to many victims and may benefit them psychologically. However, by increasing their participation, they may unknowingly trade off some of the benefits of victimhood. For instance ...
A Practical Solution To The Marriage Penalty, 2017 Pepperdine University
A Practical Solution To The Marriage Penalty, Margaret Ryznar
Pepperdine Law Review
In the federal income tax code, there is a marriage penalty resulting from tax brackets that do not double upon marriage. This marriage penalty persists despite universal condemnation of it, penalizing a significant portion of married women who work and many same-sex couples. This Article proposes a novel way to deal with this marriage penalty by creating a filing status for dual income couples that earn an amount within a particular percentage of each other. This filing status would be the same as the current married filing status, except it would double the rates of single filers by accommodating two ...
Evolution Of Uas Policy In The Wake Of Taylor V. Huerta, 2017 Polk State College
Evolution Of Uas Policy In The Wake Of Taylor V. Huerta, Ryan J. Wallace, Jon M. Loffi
International Journal of Aviation, Aeronautics, and Aerospace
The U.S. Court of Appeals recently ruled that the Federal Aviation Administration exceeded their statutory authority in requiring model aircraft and hobbyist UAS operators to register their aircraft in a national database. The ruling represents a significant blow to the agency’s credibility in leading UAS integration into the National Airspace System. The paper points to several possible outcomes of the Taylor v. Huerta decision and its impact on the FAA’s ability to continue to lead change in the burgeoning UAS field.
Transformative Events In The Lgbtq Rights Movement, 2017 University of Vermont
Transformative Events In The Lgbtq Rights Movement, Ellen A. Andersen
Indiana Journal of Law and Social Equality
Obergefell v. Hodges, the 2015 Supreme Court case holding that same-sex couples had a constitutional right to marry under the Due Process Clause of the Fourteenth Amendment, was widely hailed in the media as a turning point for the LGBTQ rights movement. In this article, I contemplate the meaning of turning points. Social movement scholars have shown that specific events can, on rare occasion, alter the subsequent trajectory of a social movement. Such events have been termed ‘transformative events.’ I ask whether judicial decisions have the capacity to be transformative events and, if so, under what circumstances. I begin by ...
Murder For Life Insurance Money: Protecting The Children, 2017 Campbell University School of Law
Murder For Life Insurance Money: Protecting The Children, Johnny C. Chriscoe
Johnny C. Chriscoe
Children are being murdered for life insurance proceeds. Of course, if a beneficiary murders a child for the recovery of life insurance money and if he is apprehended, he will surely face numerous legal consequences. He will not recover the insurance money, he will be prosecuted and likely sentenced to life imprisonment or execution, he may be sued for the wrongful death of the child and he may be prosecuted for insurance fraud. However, all of these legal responses are triggered by the death of the child and, therefore, do not serve to protect the child from being murdered in ...
Cfpb Comment Letter Re Respa Assessment, 2017 Brooklyn Law School
Cfpb Comment Letter Re Respa Assessment, David J. Reiss
David J Reiss
The Blessing Of Separating Church And State, 2017 Widener Law
The Blessing Of Separating Church And State, Alan E. Garfield
Alan E Garfield
No abstract provided.
Adjudicated Juveniles And Collateral Relief, 2017 University of Maine School of Law
Adjudicated Juveniles And Collateral Relief, Joshua A. Tepfer, Laura H. Nirider
Maine Law Review
Collateral relief is a vital part of the American criminal justice system. By filing post-conviction petitions after the close of direct appeal, defendants can raise claims based on evidence outside the record that was not known or available at the time of trial. One common use of post-conviction relief is to file a claim related to a previously unknown constitutional violation that occurred at trial, such as ineffective assistance of counsel. If a defendant’s trial attorney performed ineffectively by failing to call, for instance, an alibi witness, then that omission is unlikely to be reflected in the trial record ...
Commissioning Innocence And Restoring Confidence: The North Carolina Innocence Iquiry Commission And The Missing Deliberative Citizen, 2017 University of Maine School of Law
Commissioning Innocence And Restoring Confidence: The North Carolina Innocence Iquiry Commission And The Missing Deliberative Citizen, Mary Kelly Tate
Maine Law Review
Since 1989, the United States has witnessed 289 DNA exonerations, with exonerees serving an average of thirteen years in prison. Although DNA an its unmatched power for the conclusive results is what brought popular attention to wrongful convictions, the scope of the problem is vastly larger than the number of known DNA exonerations. The actual number of convicted individuals who are factually innocent is unknown. The state of North Carolina has recently responded to this national crisis via a newly created state agency. This essay applauds North Carolina’s response, but urges that ordinary citizens, qua jurors, be active participants ...
Contingent Compensation Of Post-Conviction Counsel: A Modest Proposal To Identify Meritorious Claims And Reduce Wasteful Government Spending, 2017 University of Maine School of Law
Contingent Compensation Of Post-Conviction Counsel: A Modest Proposal To Identify Meritorious Claims And Reduce Wasteful Government Spending, Christopher T. Robertson
Maine Law Review
It costs about $25,000 a year to pay for the housing, food, medical care, and security for each of the 2.3 million residents of America’s prisons. In a world of limited public budgets, each of these expenditures represents an opportunity cost—a teacher’s aide not hired, a section of road not widened. Local, state, and federal governments pay such incarceration costs, which amount to $75 bullion in the aggregate, while slashing budgets for essential services for the rest of the citizenry including medical care, biomedical research, infrastructure, and educational funding—investments which arguably provide greater returns ...
Yikes! Was I Wrong? A Second Look At The Viability Of Monitoring Capital Post-Conviction Counsel, 2017 University of Maine School of Law
Yikes! Was I Wrong? A Second Look At The Viability Of Monitoring Capital Post-Conviction Counsel, Celestine Richards Mcconville
Maine Law Review
When Albert Holland’s capital post-conviction counsel filed his state post-conviction motion in September 2002, twelve days remained in the one-year statute of limitations for filing a federal habeas petition. While Holland might not have known exactly how much time was left in the federal limitations period, he knew he wanted to preserve his right to federal review, that the limitations period was tolled during non-discretionary state post-conviction review, and that he would be under the gun to get the federal petition filed once the Florida Supreme Court issued its decisions. And he made no ones about his desire to ...
A Comment On Christopher Johnson's "Post-Trial Judicial Review Of Criminal Convictions: A Comparative Study Of The United States And Finland", 2017 University of Maine School of Law
A Comment On Christopher Johnson's "Post-Trial Judicial Review Of Criminal Convictions: A Comparative Study Of The United States And Finland", Malick W. Ghachem
Maine Law Review
Christopher Johnson has dug deeply into a neglected corner of comparative law and emerged with some fascinating and important contrasts. Finland does not appear often on the radar screen of American legal scholars, even those who primarily focus is comparative law. And so we are indebted to Johnson for reminding us that critical comparative insights can arise out of studying the experiences of nations deemed “marginal” to the international system, and to mainstream comparative law scholarship (which itself occupies a position of uncertain import in American legal scholarship generally). Johnson’s findings are all the more significant because they come ...