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``No One Does That Anymore": On Tushnet, Constitutions, And Others, Penelope J. Pether

Working Paper Series

In this contribution to the Quinnipiac Law Review’s annual symposium edition, this year devoted to the work of Mark Tushnet, I read his antijuridification scholarship “against the grain,” concluding both that Tushnet’s later scholarship is neo-Realist rather than critical in its orientation, and that both his early scholarship on slavery and his post-9/11 constitutional work reveal an ambivalence about the claim that we learn from history to circumscribe our excesses, which anchors his popular constitutionalist rhetoric.

The likeness of Tushnet’s scholarship to the work of the Realists lies in this: while the Realists’ search for a science that would satisfy …

Corporations As Victims Of Mismanagement: Beyond The Shareholders Vs. Managers Debate, Carlos Gomez-Jara Diez

Pace Law Review

No abstract provided.

Global Terror And Organised Crime: Symbiotic Or Synonymous, Mark Findlay

Research Collection Yong Pung How School Of Law

This paper is not a detailed denial of the difference between organised crime as the aggregation of illicit wealth, and terrorism which may not be concerned with economic profit. It takes as given the primary political context for terrorism and the enterprise environment of organised crime.

Rethinking Child Advocacy After Roper V. Simmons: "Kids Are Just Different" And "Kids Are Like Adults" Advocacy Strategies, Elisa Poncz

Cardozo Public Law, Policy & Ethics Journal

The article examines the tension between two competing arguments in juvenile law: "kids are just different" and "kids are like adults." It critiques the binary approach often used in child advocacy and proposes a more nuanced, patchwork strategy that combines both perspectives to better serve the diverse needs of juveniles. The analysis focuses on key legal contexts, including the death penalty, life without parole, and minors' rights in medical decision-making, education, and internet access. The author argues that a balanced approach is essential to address the complexities of juvenile rights and responsibilities.

Myspace In A Post-Grokster World: Digital Finger Pointing For Offenses Perpetrated Through Use Of Social Networking Sites After Mgm V. Grokster, Cheryl J. Eisner

Cardozo Public Law, Policy & Ethics Journal

The note examines the dismissal of a negligence lawsuit against MySpace, arguing that interactive computer services should not be held liable for offline harms committed by users. It emphasizes the importance of protecting such platforms under the Communications Decency Act (CDA) and highlights the need to balance free speech and technological development against concerns for user safety.

Retribution, Restoration, And White-Collar Crime, Katherine Beaty Chiste

Dalhousie Law Journal

A "restorative" approach to criminality and conflict has been proposed in a number of common law jurisdictions in a variety of legal contexts, both civil and criminal, with an interesting exception: white-collar crime, which is discussedin an almost exclusively retributive vocabulary. This paper explores what a specifically restorative response to white-collar crime might look like, a response which above all else would seek to heal the harm the crime has done. In particular,the author looks at the possibilities for voluntary participation of victims and offenders; broad stakeholder inclusion and a focus on future relations rather than past offences-all necessaryparts of …

Deconstructing International Criminal Law, Kevin Jon Heller

Michigan Law Review

After nearly fifty years of post-Nuremberg hibernation, international criminal tribunals have returned to the world stage with a vengeance. The Security Council created the International Criminal Tribunal for the former Yugoslavia ("ICTY") in 1993 and the International Criminal Tribunal for Rwanda ("ICTR") in 1994. Hybrid domestic-international tribunals have been established in Sierra Leone (2000), East Timor (2000), Kosovo (2000), Cambodia (2003), Bosnia (2005), and Lebanon (2007). And, of course, the international community's dream of a permanent tribunal was finally realized in 2002, when the Rome Statute of the International Criminal Court ("ICC") entered into force. This unprecedented proliferation of international …

The Trafficking In Victims Protection Act: A Feasibility Assessment, Kristina Cummings, M.A.

Journal of Race, Gender, and Ethnicity

No abstract provided.

Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn R. Wiest, Anupa Fabian

Department of Justice Studies Faculty Scholarship and Creative Works

This study focuses on women at various stages of re-entry into the community after involvement with the criminal justice system. In particular, it takes a close look at how the participants in the study manage their time in the face of the types of competing demands that are all too common to most people.

Targeted Interventions Could Ease Maine's Prison And Jail Populations, Mark Rubin

Justice Policy

Overcrowding and rising costs in Maine’s corrections system have become a serious problem. In the past twenty years, the average daily population in state prisons has grown 74 percent, while county jails have grown 193 percent. To accommodate this growth, Maine, in 2004, spent $127,343,971, not including debt service, to operate the prisons and county jails. This brief examines state prison, county jail, and probation population trends since 2004 and identifies key factors driving the number of prisoners

Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody

Scholarly Articles

In the wake of increasing globalization over the past fifty years, international criminal law has transformed from a toothless shadow into a concrete reality; the International Criminal Court is the most recent and impressive institutional accomplishment. Unfortunately, international criminal law has enjoyed this progress on the heels of increasingly horrific international crimes. International adjudicatory institutions have taken many forms and the sentences they deliver have varied widely. In Atrocity, Punishment, and International Law, Mark Drumbl reviews the strides made in international criminal law from the Nuremberg trials through present-day trials, particularly those related to the crimes committed in Rwanda and …

Mothers, Babies And Jail, Rebecca Johnson

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Resuscitating Proportionality In Non Capital Criminal Sentencing, Donna H. Lee

Publications and Research

No abstract provided.

The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard

Office for Policy Studies on Violence Against Women Publications

Despite the importance of civil orders of protection as a legal resource for victims of intimate partner violence, research is limited in this area, and most studies focus on the process following a court’s initial issuance of an emergency order. The purpose of this study is to address a major gap in the literature by examining cases where victims of intimate partner violence are denied access to temporary orders of protection. The study sample included a review of 2,205 petitions that had been denied by a Kentucky court during the 2003 fiscal year. The study offers important insights into the …

Crime, Legitimacy, And Testilying, Bennett Capers

Faculty Scholarship

No abstract provided.

The Geography Of Justice Wormholes: Dilemmas From Property And Criminal Law, Hari M. Osofsky

Villanova Law Review (1956 - )

No abstract provided.

The Politics Of Policing: Ensuring Stakeholder Collaboration In The Federal Reform Of Local Law Enforcement Agencies, Kami Chavis Simmons

Journal of Criminal Law and Criminology

No abstract provided.

Predicting Public Opinion About Juvenile Waivers, I-Fang Jan, Jeremy Ball, Anthony Walsh

Criminal Justice Faculty Publications and Presentations

The accountability movement of the juvenile justice system in the late 1980s and early 1990s encouraged more punitive practices by juvenile justice professionals. Public opinion was strong during this time. The attitudes about the juvenile justice system are a product of individual demographic, cultural, and political characteristics. This study addresses opinions about juvenile waivers–a punitive sanction–examining data from the National Opinion Survey of Crime and Justice in the 1990s (see Flanagan, 1996). This study analyzes attitudes about juvenile waivers, using multivariate quantitative methods. The results indicate a consistent relationship between the perception of the sentencing goals of the juvenile court …

Developments In Connecticut Criminal Law: 2007, Timothy Everett

Faculty Articles and Papers

No abstract provided.

Securing The Global City: Crime, Consulting, Risk, And Ratings In The Production Of Urban Space, Katharyne Mitchell, Katherine Beckett

Indiana Journal of Global Legal Studies

The last decade has witnessed the rise of private transnational institutions that increasingly influence the organization and management of urban space. Two institutions are especially powerful in this regard: bond-rating agencies and global security firms. Bolstered by a discourse of risk and the need to securitize cities, these institutions have garnered enormous amounts of power with respect to urban social and spatial control. They are implicated in the imprisonment and displacement of marginalized populations, the intensification of gentrification, and general shifts in municipal funding priorities. The authors illustrate these themes through a case study of New York City, followed by …

Social Life And Civic Education In The Rio De Janeiro City Jail, Amy Chazkel

Studio for Law and Culture

In the six weeks from mid-July to early September 1912, about a third of the 389 men whom guards escorted through the front doors of the Rio de Janeiro city jail had been arrested for vagrancy, or in Portuguese vadiagem, an infraction whose etymological connection to the word “vague” is not a coincidence. These men remained in detention for between five days and over a year, accused by arresting police officers of having committed the crime of doing nothing. As they awaited trial or, for the least fortunate, transportation to an offshore penal colony, they shared the crowded space …

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

The Crime Of Complicity In Genocide: How The International Criminal Tribunals For Rwanda And Yugoslavia Got It Wrong, And Why It Matters, Daniel M. Greenfield

Journal of Criminal Law and Criminology

No abstract provided.

Arguing For An Integrated Approach To Resolving The Crisis In Darfur: The Challenges Of Complementarity, Enforcement, And Related Issues In The International Criminal Court, Christopher D. Totten, Nicholas Tyler

Journal of Criminal Law and Criminology

No abstract provided.

The Grand Jury Legal Advisor: Resurrecting The Grand Jury's Shield, Thaddeus Hoffmeister

Journal of Criminal Law and Criminology

No abstract provided.

Un-Incorporating The Bill Of Rights: The Tension Between The Fourteenth Amendment And The Federalism Concerns That Underlie Modern Criminal Procedure Reforms, Justin F. Marceau

Journal of Criminal Law and Criminology

No abstract provided.

State Intentions And The Law Of Punishment, Alice Ristroph

Journal of Criminal Law and Criminology

No abstract provided.

Free To Leave - An Empirical Look At The Fourth Amendment's Seizure Standard, David K. Kessler

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Let The Punishment Fit The Crime: Should Courts Exercise The Power Of Appellate Sentence Review In Cases Involving Narcotics And Other Stigmatized Crimes, Lee Dionne

Journal of Criminal Law and Criminology

No abstract provided.