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Articles 2131 - 2160 of 24024
Full-Text Articles in Entire DC Network
The Impact Of Juvenile Transfer Laws, Kerina Lynn Ibarra
The Impact Of Juvenile Transfer Laws, Kerina Lynn Ibarra
Doctoral Dissertations and Projects
This study will examine the relationship between juvenile transfer laws, certified juveniles, the criminal justice system, and the potential collateral consequences juveniles face when subjected to juvenile transfer laws. To obtain a deeper understanding of the impact of juvenile transfer laws and their potential collateral consequences, a qualitative study will be conducted utilizing several methods of data collection to include interviews; observations; and textual analysis of adult 1, adult 2, and criminal justice practitioners, to include, jail administrator, corrections officer, police, probation and parole officer, prosecuting attorney, and DOC staff. In the interview process, information will be gathered to contribute …
Comics Art, Cultural Norms, And The Social Consciousness Of Activism In American Democracy, Jeffrey Lewis
Comics Art, Cultural Norms, And The Social Consciousness Of Activism In American Democracy, Jeffrey Lewis
Cleveland State Law Review
The comic art form’s impact on cultural norms can engender new understandings of rights and shape conceptions of equality in our shared consciousness as a society. Drawing on the 1960s era of social change, this Article examines how comics can produce activism by shaping cultural norms which are reframed, contested, or contextualized to help generate new shared understandings of rights and equality in American democracy. The comic art form should be taken seriously as a medium for activism that can influence changes in social consciousness, illustrated in this Article with examples as diverse as the quiet revolution of the Peanuts …
In Pursuit Of A Modern Standard: The Constitutional Proportions Of Collateral Harm From Pursuits And Police High-Speed Driving, Julian Gilbert
In Pursuit Of A Modern Standard: The Constitutional Proportions Of Collateral Harm From Pursuits And Police High-Speed Driving, Julian Gilbert
Cleveland State Law Review
Police chases and high-speed driving are common practices that pose a substantial amount of harm and are often unjustified. The benefits of such chases are questionable, and rapid police action at all costs is often unnecessary. When bystanders are injured as a result of police high-speed driving, there are few avenues to have their rights vindicated, and federal court cases require plaintiffs to meet an almost impossible burden. However, under the United States Supreme Court case of County of Sacramento v. Lewis, a plaintiff can put forth evidence that their substantive due process right to life under the Fourteenth …
The New Dread, Part Ii: The Judicial Overthrow Of The Reasonableness Standard In Police Shooting, Kindaka J. Sanders
The New Dread, Part Ii: The Judicial Overthrow Of The Reasonableness Standard In Police Shooting, Kindaka J. Sanders
Cleveland State Law Review
This Article series argues that the Supreme Court’s jurisprudence on excessive force from Graham v. Connor to the present has undermined the objectivity of the reasonableness standard. In its place, the Court has erected a standard that reflects modern conservative political ideology, including race conservatism, law and order, increased police discretion, and the deconstruction of the Warren Court’s expansion of civil rights and civil liberties. Indeed, the Court, dominated by law-and-order conservatives, is one of the greatest triumphs of conservatism. Modern conservatism developed as a backlash against various social movements like the Civil Rights Movement and spontaneous urban rebellions during …
The Problem Of Charitable Trust Enforcement: Addressing The Insufficiencies Of The Attorney General System And Proposing New Reform, Morgan Wahler
The Problem Of Charitable Trust Enforcement: Addressing The Insufficiencies Of The Attorney General System And Proposing New Reform, Morgan Wahler
ACTEC Law Journal
No abstract provided.
Opaque Notification: A Country-By-Country Review, Lauren Mantel
Opaque Notification: A Country-By-Country Review, Lauren Mantel
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Parens Patriae After The Pandemic, Meredith Johnson Harbach
Parens Patriae After The Pandemic, Meredith Johnson Harbach
North Carolina Law Review
No abstract provided.
Who Needs The State? We Do (Maybe), Deborah M. Weissman
Who Needs The State? We Do (Maybe), Deborah M. Weissman
North Carolina Law Review
No abstract provided.
The Slow Race: Achieving Equity Through Legislative And Agency Minority Impact Statements, Jancy Nielson
The Slow Race: Achieving Equity Through Legislative And Agency Minority Impact Statements, Jancy Nielson
Minnesota Journal of Law & Inequality
No abstract provided.
Keep Your Hands Off My Fingerprints: How State Constitutionalism Can Stop On-Site Fingerprinting Dragnets, Roger Antonio Tejada
Keep Your Hands Off My Fingerprints: How State Constitutionalism Can Stop On-Site Fingerprinting Dragnets, Roger Antonio Tejada
Minnesota Journal of Law & Inequality
No abstract provided.
Trans Bodies, Trans Speech, Parker Rose Wingate
Trans Bodies, Trans Speech, Parker Rose Wingate
Minnesota Journal of Law & Inequality
No abstract provided.
Standing Back And Standing Down: Citizen Non-Cooperation And Police Non-Intervention As Causes Of Justice Failures And Crime, Paul H. Robinson, Jeffrey Seaman, Muhammad Sarahne
Standing Back And Standing Down: Citizen Non-Cooperation And Police Non-Intervention As Causes Of Justice Failures And Crime, Paul H. Robinson, Jeffrey Seaman, Muhammad Sarahne
Hofstra Law Review
The article discusses the failures of the American justice system to find and punish offenders for the majority of serious crimes. It highlight the low clearance and conviction rates for crimes such as murder, rape, and assault. It further argues that these failures of justice have practical consequences on crime rates and also disproportionately affect racial minorities and low-income communities.
The Invisible Danger In Plain Site: Ending The Practice Of Building Housing In Exposure Zones, Adam J. Mikell
The Invisible Danger In Plain Site: Ending The Practice Of Building Housing In Exposure Zones, Adam J. Mikell
Minnesota Journal of Law & Inequality
No abstract provided.
The Fourth Amendment Without Police, Shawn E. Fields
The Fourth Amendment Without Police, Shawn E. Fields
University of Chicago Law Review
What role will the Fourth Amendment play in a world without police? As academics, activists, and lawmakers explore alternatives to traditional law enforcement, it bears asking whether the amendment primarily tasked with regulating police investigations would also regulate postpolice public safety agencies. Surprisingly, the answer is often no. Courts are reluctant to recognize protections from government searches or seizures outside criminal investigations, and they are even more reluctant to require probable cause or a warrant for such conduct. Thus, by removing most public safety functions outside the criminal sphere, abolitionists also move intrusive government conduct outside these traditional strictures and …
Black And Blue Police Arbitration Reforms, Michael Z. Green
Black And Blue Police Arbitration Reforms, Michael Z. Green
Faculty Scholarship
The racial justice protests that engulfed the country after seeing a video of the appalling killing of a Black male, George Floyd, by a Minnesota police officer in 2020 has led to a tremendous number of questions about dealing with racial issues in policing. Similar concerns arose a little more than fifty years ago when police unions gained power to respond to the civil rights protests occurring during those times by establishing strong protections for their officers in light of brutality claims. This rhythmic progression of protests and union responses is destined to continue without any lasting reforms focused on …
Racializing Algorithms, Jessica M. Eaglin
Racializing Algorithms, Jessica M. Eaglin
Articles by Maurer Faculty
There is widespread recognition that algorithms in criminal law’s administration can impose negative racial and social effects. Scholars tend to offer two ways to address this concern through law—tinkering around the tools or abolishing the tools through law and policy. This Article contends that these paradigmatic interventions, though they may center racial disparities, legitimate the way race functions to structure society through the intersection of technology and law. In adopting a theoretical lens centered on racism and the law, it reveals deeply embedded social assumptions about race that propel algorithms as criminal legal reform in response to mass incarceration. It …
The Role Of United States V. Cooley And Mcgirt V. Oklahoma In Determining Criminal Jurisdiction In Indian Country, Prof. Dustin Jansen
The Role Of United States V. Cooley And Mcgirt V. Oklahoma In Determining Criminal Jurisdiction In Indian Country, Prof. Dustin Jansen
Tribal Law Journal
Understanding jurisdiction is paramount to deciding whether federal, state, or tribal courts can exercise jurisdiction for crimes committed in Indian country. The evolution of federal Indian law has created a legal landscape that is far from consistent. For the Indian law practitioner, it is important to stay abreast of the latest case law available to understand where proper jurisdiction lies. The latest cases of McGirt v. Oklahoma and United States v. Cooley are the newest case law available that demonstrate the Supreme Court’s reasoning and analysis in determining proper jurisdiction.
The End Of Balancing? Text, History & Tradition In First Amendment Speech Cases After Bruen, Clay Calvert, Mary-Rose Papandrea
The End Of Balancing? Text, History & Tradition In First Amendment Speech Cases After Bruen, Clay Calvert, Mary-Rose Papandrea
Duke Journal of Constitutional Law & Public Policy
This Article examines the potential impact on First Amendment free-speech jurisprudence of the U.S. Supreme Court's increasing reliance on text, history, and tradition in 2022 decisions such as New York State Rifle & Pistol Association v. Bruen. In Bruen, the Court embraced a new test for examining Second Amendment cases. It concentrates on whether there is a historical tradition of regulating the conduct in question, and it eliminates any use of constitutionally common means-end standards of review such as strict and intermediate scrutiny. Those two scrutiny standards often guide the Court's free-speech decisions. The Bruen majority, however, asserted …
Issues In Implementing Special Domestic Violence Criminal Jurisdiction In Alaska's Tribal Courts, Danika Watson
Issues In Implementing Special Domestic Violence Criminal Jurisdiction In Alaska's Tribal Courts, Danika Watson
Alaska Law Review
Until 2022, all but one of the 229 Alaska tribes were barred from special domestic violence criminal jurisdiction (SDVCJ): Congress's jurisdictional tool for tribal courts to address domestic violence and hold perpetrators of violence against Alaska Native women criminally accountable. The reauthorization of the Violence Against Women Act (VAWA) in 2022 brought SDVCJ to Alaska's rural Native communities. This landmark achievement was made possible by decades of advocacy from Alaska's tribal, state, and federal leadership. In the wake of VAWA 2022, Alaska tribes and tribal justice systems face several significant legal, political, and cultural challenges. This Article outlines the legal …
Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed
Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed
Theses and Dissertations
The fact that there is a constant conflict between individual rights and state or social interests has historically provoked the question of how to balance or harmonize such conflicting interests? On what basis shall the legislator or the judge decide in favor of this or that right in his legislation or judgement? Where shall we, for example, draw the line between the right to freedom of expression and the right to protect one’s honor and reputation? How could the legislator find the compromise between the state duty to protect fetus life and its obligation not to interfere with woman’s right …
Parental Vaccine Refusal As A Fundamental Right: Why Jacobson V. Massachusetts Cannot Justify Rational Basis Review For Compulsory Vaccine Mandates Applied To Minor Children, Ethan Carlson
Liberty University Law Review
This Comment discusses the standard of review for compulsory vaccine mandates for minor children under the Fourteenth Amendment. In Jacobson v. Massachusetts, the Court deferred to the wisdom of the legislature when the Board of Health in Cambridge, Massachusetts, created a compulsory vaccine mandate for every adult in Cambridge. Although the Court did not create the rational basis test in 1905, subsequent Supreme Court cases increasingly deferred to the state police and state parens patriae powers in justifying compulsory vaccine mandates for both children and adults. Both state and federal court opinions following Supreme Court precedent have upheld vaccine mandates …
The Effect Of Information On Blame Attributed To Four Entities In A Police Shooting, Pauline Meyer
The Effect Of Information On Blame Attributed To Four Entities In A Police Shooting, Pauline Meyer
Student Theses and Dissertations
Police shootings continue to negatively impact the public perception of police. When it comes to attributing blame in a police shooting, both internal and external factors affect how much blame a person places on the entities involved. One hundred and twenty Arkansas State undergraduate students enrolled in a psychology or criminology course were randomly assigned to one of the three type of information groups: the episodic, thematic-pattern of violence (TPV), or the thematic-police reform (TPR) group, and then read about the Stephon Clark shooting in 2018. Participants attributed blame scores to the four entities involved: Stephon Clark, the police chief, …
There Is No Bruen Step Zero: The Law-Abiding Citizen And The Second Amendment, Jeff Campbell
There Is No Bruen Step Zero: The Law-Abiding Citizen And The Second Amendment, Jeff Campbell
University of the District of Columbia Law Review
In District of Columbia v. Heller, 1 the Supreme Court transformed Second Amendment law by adopting an originalist approach in gun-rights cases. Breaking from its previous cases, the Court recognized an individual right to bear arms, at least within the home.2 The Court’s method, while not fully specified, focused on history to determine the meaning of the Second Amendment. 3 But despite the abrupt change in the law, the anticipated revolution never really came. Lower courts turned away nearly every challenge to existing gun laws, sometimes by declining to extend Heller outside the home,4 sometimes by finding that the laws …
Reinvest In Us: Reimagine The Role Of Police In The U.S., Jamil Davis
Reinvest In Us: Reimagine The Role Of Police In The U.S., Jamil Davis
College Honors Program
In America, we must question and understand what is “law and order.” Over centuries, America developed a racialized slave-class politically and socially through power and force. Police are the foot soldiers of maintaining law and order as Slave Patrols evolved into the State Police. In my thesis, I discuss how their efforts in traffic enforcement enable a dominant class to target and enslave the oppressed class. Traffic control leads to 18 million interactions a year which is 34 people a minute. The numbers of interactions along with persistent practices regarding discrimination cause police to be a social liability. When bad …
Stacking The Deck: How The Eighth Circuit's Decision In United States V. Crandall Threatens The First Step Act's Bipartisan Criminal Justice Reforms, Anthony Passela
Stacking The Deck: How The Eighth Circuit's Decision In United States V. Crandall Threatens The First Step Act's Bipartisan Criminal Justice Reforms, Anthony Passela
Villanova Law Review (1956 - )
No abstract provided.
There's No Place Like Home: The Second Circuit Disturbs Fourth Amendment Protections In Torcivia V. Suffolk County, Jillian E. Sprong
There's No Place Like Home: The Second Circuit Disturbs Fourth Amendment Protections In Torcivia V. Suffolk County, Jillian E. Sprong
Villanova Law Review (1956 - )
No abstract provided.
Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott
Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott
Law & Economics Working Papers
In this Article, we argue that increasingly harsh collateral consequences have surfaced an underappreciated and undertheorized dynamic of criminal plea bargaining. Collateral consequences that mostly or entirely benefit third parties (such as other communities or other states) create an interest asymmetry that prosecutors and defendants can exploit in plea negotiations. In particular, if a prosecutor and a defendant can control the offense of conviction (often through what some term a “fictional plea”), they can work together to evade otherwise applicable collateral consequences, such as deportation or sex-offender registration and notification. Both parties arguably benefit: Prosecutors can leverage collateral consequences to …
Challenges Law Enforcement Faces In Utilizing Community Policing To Counter Violent Extremism, Steven Brett Beams
Challenges Law Enforcement Faces In Utilizing Community Policing To Counter Violent Extremism, Steven Brett Beams
Doctoral Dissertations and Projects
There has been a rise in violent extremist attacks throughout America since the attack on the World Trade Center in 2001. However, law enforcement has been challenged in developing means and methods to combat the rise in terrorist activities. Using and enhancing community policing strategies have shown promising results in identifying terroristic individuals. A literature review shows that community policing strategies have been effective in combating and reducing violence and may be effective in mitigating terrorist activities. Community policing can be a necessary means for identifying radical individuals involved in terrorist activities. This research proposes to discover an effective and …
66th University Of San Diego School Of Law Commencement Program, 2023, University Of San Diego School Of Law
66th University Of San Diego School Of Law Commencement Program, 2023, University Of San Diego School Of Law
Commencement Programs
No abstract provided.