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Articles 1801 - 1830 of 8760
Full-Text Articles in Entire DC Network
A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt
A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt
Faculty Scholarship
From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review essays of "Against Prediction" by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist and critical race theory to the intricate details …
Separate And Unequal: Federal Tough-On-Guns Program Targets Minority Communities For Selective Enforcement, Bonita R. Gardner
Separate And Unequal: Federal Tough-On-Guns Program Targets Minority Communities For Selective Enforcement, Bonita R. Gardner
Michigan Journal of Race and Law
This Article examines the Project Safe Neighborhoods program and considers whether its disproportionate application in urban, majority- African American cities (large and small) violates the guarantee of equal protection under the law. This Article will start with a description of the program and how it operates-the limited application to street-level criminal activity in predominately African American communities. Based on preliminary data showing that Project Safe Neighborhoods disproportionately impacts African Americans, the Article turns to an analysis of the applicable law. Most courts have analyzed Project Safe Neighborhoods' race-based challenges under selective prosecution case law, which requires a showing by the …
Taking Victims Seriously: A Dworkinian Theory Of Punishment, Luis E. Chiesa
Taking Victims Seriously: A Dworkinian Theory Of Punishment, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
'Prisoner Never Gave Me Anything For What He Done:' Aboriginal Voices In The Criminal Court, Shelley A. M. Gavigan
'Prisoner Never Gave Me Anything For What He Done:' Aboriginal Voices In The Criminal Court, Shelley A. M. Gavigan
Articles & Book Chapters
Aboriginal people participated in different ways in the criminal process in the early years of the North-West Territories region of Canada, including, as accused persons, as Informants, and as witnesses. Their physical participation was often mediated by interpreters, both linguistic and cultural, and their signatures invariably marked “X” on their depositions. Scholarship that has examined the relationship of Aboriginal peoples to the criminal law has tended to interrogate the criminalization and moral regulation strategies implicit in the process of colonization and domination of the First Peoples. This paper will discuss less visible aspects of the legalized processes of colonization: (1) …
Bytes, Balco, And Barry Bonds: An Exploration Of The Law Concerning The Search And Seizure Of Computer Files And An Analysis Of The Ninth Circuit's Decision In United States V. Comprehensive Drug Testing, Inc., Derek Regensburger
Journal of Criminal Law and Criminology
No abstract provided.
Gonzales V. Oregon And The Future Of Agency-Made Criminal Law, Trevor Stiles
Gonzales V. Oregon And The Future Of Agency-Made Criminal Law, Trevor Stiles
Journal of Criminal Law and Criminology
No abstract provided.
Estimating The Impact Of Incarceration On Subsequent Offending Trajectories: Deterrent, Criminogenic, Or Null Effect, Avinash Singh Bhati, Alex R. Piquero
Estimating The Impact Of Incarceration On Subsequent Offending Trajectories: Deterrent, Criminogenic, Or Null Effect, Avinash Singh Bhati, Alex R. Piquero
Journal of Criminal Law and Criminology
No abstract provided.
Why 2007 Is Not Like 1984: A Broader Perspective On Technology's Effect On Privacy And Fourth Amendment Jurisprudence, Ric Simmons
Why 2007 Is Not Like 1984: A Broader Perspective On Technology's Effect On Privacy And Fourth Amendment Jurisprudence, Ric Simmons
Journal of Criminal Law and Criminology
No abstract provided.
Delimiting The Culture Defense, James M. Donovan, John Stuart Garth
Delimiting The Culture Defense, James M. Donovan, John Stuart Garth
Law Faculty Scholarly Articles
This essay builds upon the arguments of Alison Dundes Renteln in her influential book, The Cultural Defense (2004), in which she argues persuasively for a uniformly recognized culture defense in certain litigations. Critiquing some of her details, we recast her three-prong culture defense test to more effectively balance the competing interests of minority culture members to have their ways of life taken seriously by the courts, and of members of the dominant tradition who wish to preserve the rule of law with its necessary perception as treating all parties equally. The offered formulation now includes the following five elements:
1. …
The Boundaries Of Plea Bargaining: Negotiating The Standard Of Proof, Talia Fisher
The Boundaries Of Plea Bargaining: Negotiating The Standard Of Proof, Talia Fisher
Journal of Criminal Law and Criminology
No abstract provided.
Guantanamo And Beyond: Dangers Of Rigging The Rules, Brian J. Foley
Guantanamo And Beyond: Dangers Of Rigging The Rules, Brian J. Foley
Journal of Criminal Law and Criminology
No abstract provided.
The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman
The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman
Journal of Criminal Law and Criminology
No abstract provided.
Assembling Recidivism: The Promise And Contingencies Of Post-Release Life , Mark Halsey
Assembling Recidivism: The Promise And Contingencies Of Post-Release Life , Mark Halsey
Journal of Criminal Law and Criminology
No abstract provided.
Grassroots Death Sentences: The Social Movement For Capital Child Rape Laws, Monica C. Bell
Grassroots Death Sentences: The Social Movement For Capital Child Rape Laws, Monica C. Bell
Journal of Criminal Law and Criminology
No abstract provided.
Federal Rules Of Evidence 413-415 And The Struggle For Rulemaking Preeminence, Rosanna Cavallaro
Federal Rules Of Evidence 413-415 And The Struggle For Rulemaking Preeminence, Rosanna Cavallaro
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Procedure In Perspective, Kit Kinports
Criminal Procedure In Perspective, Kit Kinports
Journal of Criminal Law and Criminology
No abstract provided.
Group Think: The Law Of Conspiracy And Collective Reason, Jens David Ohlin
Group Think: The Law Of Conspiracy And Collective Reason, Jens David Ohlin
Journal of Criminal Law and Criminology
No abstract provided.
The Fight For Post-Conviction Dna Testing Is Not Yet Over: An Analysis Of The Eight Remaining Holdout States And Suggestions For Strategies To Bring Vital Relief To The Wrongfully Convicted, Rachel Steinback
Journal of Criminal Law and Criminology
No abstract provided.
Symposium: Technical Change And The Evolution Of Criminal Law: Foreword
Symposium: Technical Change And The Evolution Of Criminal Law: Foreword
Journal of Criminal Law and Criminology
No abstract provided.
At Light Speed: Attribution And Response To Cybercrime/Terrorism/Warfare, Susan W. Brenner
At Light Speed: Attribution And Response To Cybercrime/Terrorism/Warfare, Susan W. Brenner
Journal of Criminal Law and Criminology
No abstract provided.
Reasonable Expectations Of Privacy And Novel Search Technologies: An Economic Approach , Steven Penney
Reasonable Expectations Of Privacy And Novel Search Technologies: An Economic Approach , Steven Penney
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Discovery Of Internet Communications Under The Stored Communications Act: It's Not A Level Playing Field , Marc J. Zwillinger, Christian S. Genetski
Criminal Discovery Of Internet Communications Under The Stored Communications Act: It's Not A Level Playing Field , Marc J. Zwillinger, Christian S. Genetski
Journal of Criminal Law and Criminology
No abstract provided.
Virtual Neighborhood Watch: Open Source Software And Community Policing Against Cybercrime , Benjamin R. Jones
Virtual Neighborhood Watch: Open Source Software And Community Policing Against Cybercrime , Benjamin R. Jones
Journal of Criminal Law and Criminology
No abstract provided.
Playing By All The Rules: How To Define And Provide A Prior Opportunity For Cross-Examination In Child Sexual Abuse Cases After Crawford V. Washington, Prudence Beidler Carr
Playing By All The Rules: How To Define And Provide A Prior Opportunity For Cross-Examination In Child Sexual Abuse Cases After Crawford V. Washington, Prudence Beidler Carr
Journal of Criminal Law and Criminology
No abstract provided.
Proven Guilty: An Examination Of The Penalty-Free World Of Post-Conviction Dna Testing , Gwendolyn Carroll
Proven Guilty: An Examination Of The Penalty-Free World Of Post-Conviction Dna Testing , Gwendolyn Carroll
Journal of Criminal Law and Criminology
No abstract provided.
Using Groups Statistics To Sentence Individual Criminals: An Ethical And Statistical Critique Of The Virginia Risk Assessment Program , Brian Netter
Using Groups Statistics To Sentence Individual Criminals: An Ethical And Statistical Critique Of The Virginia Risk Assessment Program , Brian Netter
Journal of Criminal Law and Criminology
No abstract provided.
Challenge Of White Collar Sentencing, The , Ellen S. Podgor
Challenge Of White Collar Sentencing, The , Ellen S. Podgor
Journal of Criminal Law and Criminology
No abstract provided.
Innocents Convicted: An Empirical Justified Factual Wrongful Conviction Rate, D. Michael Risinger
Innocents Convicted: An Empirical Justified Factual Wrongful Conviction Rate, D. Michael Risinger
Journal of Criminal Law and Criminology
No abstract provided.
Tripartite Solution To Eyewitness Error, A , Richard A. Wise, Kristen A. Dauphinais, Martin A. Safer
Tripartite Solution To Eyewitness Error, A , Richard A. Wise, Kristen A. Dauphinais, Martin A. Safer
Journal of Criminal Law and Criminology
No abstract provided.