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A Punishment That Harms Everyone And Benefits No One: An Analysis Of The Use Of Solitary Confinement Under Common Sociological Theories Of Punishment, Allison Lampert

Et Cetera

In the United States, experts estimate that nearly 100,000 incarcerated individuals are held in solitary confinement. While individuals can be held in solitary confinement for a variety of reasons, many are placed in lockdown because they have untreated mental illnesses, have committed some sort of minor disciplinary infraction, are need of protection, or for unpopular personal beliefs. In other words, solitary confinement is used as a broad catch-all to a wide range of low-level and nonviolent misbehaviors. This note argues that solitary confinement is an unjustifiable mode of punishment as analyzed under two commonly cited sociological theories of punishment: retributivism …

Canadian Security Intelligence Service (Csis), Bert Chapman

Libraries Faculty and Staff Presentations

April 24, 2025 presentation for Canada's GovInfo Day Spring 2025 hosted by Simon Fraser University in British Columbia and Internet Archive Canada. Provides information about the publicly available information resources produced by the Canadian Security Intelligence Service (CSIS) which is the Canadian Government's foremost national intelligence agency. Provides information about this agency's statutory organization, types of publicly available reports they produce, information about other Canadian government intelligence agencies, and parliamentary oversight of Canadian government intelligence operations. Lists additional resources for finding information about CSIS and explains the benefits of having access to these resources for users.

Incalculable Harm: Analyzing The Impact Of The Covid-19 Pandemic On Immigration Detention In Canada, Efrat Arbel, Molly Joeck

All Faculty Publications

This paper reflects on the impact of the COVID-19 pandemic on immigration detention in Canada. Drawing on research spanning 2020 to 2022, we analyze how the pandemic impacted rates of detention, conditions of detention, and other related issues. Data released by the Canada Border Services Agency shows that despite an initial decrease in absolute numbers, Canada detained people at a higher rate after the onset of the pandemic than it did prior. Canada also held people for longer periods of time and relied more heavily on jails than dedicated Immigration Holding Centres. Conditions of confinement deteriorated significantly across all detention …

Thompson’S Rifle Battalion: The Original Unit Of The Army Of The United Colonies (Now The United States Regular Army), John A. Bonin

Books, Monographs & Collaborative Studies

©2025 John A. Bonin

Although 1775 is indisputably the birth year of the US Army, two events occurred on June 14 of that year to which the Army can credit its birthday. One is the adoption by the Continental Congress of the collective militia forces from several colonies outside Boston to form a Continental Army, of which Congress appointed George Washington the commander in chief on June 15, 1775. In addition, the US Regular Army officially dates its beginning to June 14, 1775, when the Second Continental Congress directed 10 companies of expert riflemen to be raised immediately in Pennsylvania, …

The Impact Of The Parkland Shooting On Voter Behavior And Preferences: Focus On Gun Control, Mental Health, And School Safety Policies., Brooke Bock

Honors Projects in Politics, Law, and Society

This paper thesis examines how the shooting at Marjory Stoneman Douglas High School in Parkland, FL has influenced voting behavior within the affected community, specifically regarding candidate and policy preferences related to gun control, mental health support, and school safety. Utilizing a mixed-methods approach, the study incorporates surveys and interviews to capture voters' opinions and attitudes in the aftermath of the tragic event. Public voter data is also analyzed to identify shifts in voting patterns and candidate support over time. The research aims to understand the magnitude to which the Parkland shooting has shaped voters' views and decisions, and whether …

International Animal Law, Daina Bray, Paula Cardoso, Jessica Chapman, Hira Jaleel, Rajesh K. Reddy, Joan Schaffner

The Year in Review

No abstract provided.

Immigration And Naturalization, Eshigo P. Okasili, Michael Freestone, Hon. Joan Churchill, Betina Schlossberg

The Year in Review

No abstract provided.

Board Of Pharmacy, Ariana Hussing, Katie González

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, Wyatt Page, Selena Sanchez, Steven Soldani, Marcus Friedman, Erol Kilic

California Regulatory Law Reporter

No abstract provided.

Key

California Regulatory Law Reporter

No abstract provided.

Hindsight Is 20/20: Epilepsy Is Not One-Size-Fits-All, Raika Kim

Northwestern University Law Review

For many, epilepsy is one of the first conditions that come to mind when thinking of a disability, and for good reason: over 50 million people in the world live with epilepsy. Yet misunderstandings about epilepsy have perpetuated social stigma surrounding the disability for centuries. Ableist beliefs led to the passage of laws in the 1900s condoning—and in some cases, requiring—sterilization of individuals with epilepsy and restriction of their right to marry. Even today, state driving laws, justified as promoting public safety, categorically prevent anyone diagnosed with epilepsy from driving unless they are seizure free for an arbitrary, nonuniform period …

Evidence Of Compliance, Maggie Wittlin

DePaul Law Review

No abstract provided.

Breaking The Corporate Stranglehold Over Toxics Regulation: A Possible Path Forward, Wendy E. Wagner, Steve C. Gold, Thomas O. Mcgarity

DePaul Law Review

No abstract provided.

Public Health And Safety Nuisances Per Se, Catherine M. Sharkey

DePaul Law Review

No abstract provided.

Civil Conspiracy, Negligence, And Recklessness In Claims Against Manufacturers Of Dangerous Products, John C. P. Goldberg, Benjamin C. Zipursky

DePaul Law Review

No abstract provided.

Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Service Employees International Union, American Federation Of Teachers, American Association Of University Professors, Center For Civil Rights And Critical Justice, Race And Law Centers, And Civil Rights And Advocacy Organizations In Support Of Plaintiff, Wilmer Cutler Pickering Hale & Dorr Llp V. Executive Office Of The President, U.S. District Court For The District Of Columbia (No. 1:25-Cv-000917-Rjl), Charlotte Garden, Jeremiah Chin, Jessica Levin, Melissa Lee, Jim Davy, Robert S. Chang, Susan Mcmahon

Court Briefs

Introduction

When Fred Korematsu stood in the San Francisco federal district court in 1942 to challenge the constitutionality of a criminal charge that he had violated an exclusion order issued pursuant to Executive Order 9066, he was represented by pro bono counsel funded by the San Francisco office of the American Civil Liberties Union (ACLU). But just four days after Fred’s attorneys filed a motion to dismiss his criminal charges, ACLU director Roger Baldwin—wanting to avoid angering President Roosevelt—conveyed the “national board’s decision to prohibit test cases from challenging Roosevelt’s authority to issue Executive Order 9066.” Instead, local ACLU affiliates …

Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Service Employees International Union, American Federation Of Teachers, American Association Of University Professors, Center For Civil Rights And Critical Justice, Race And Law Centers, And Civil Rights And Advocacy Organizations In Support Of Plaintiff, Jenner & Block V. U.S. Dep't Of Justice, U.S. District Court For The District Of Columbia (No. 1:25-Cv-000916-Jdb), Charlotte Garden, Jeremiah Chin, Jessica Levin, Melissa Lee, Jim Davy, Robert S. Chang, Susan Mcmahon

Court Briefs

Introduction

When Fred Korematsu stood in the San Francisco federal district court in 1942 to challenge the constitutionality of a criminal charge that he had violated an exclusion order issued pursuant to Executive Order 9066, he was represented by pro bono counsel funded by the San Francisco office of the American Civil Liberties Union (ACLU). But just four days after Fred’s attorneys filed a motion to dismiss his criminal charges, ACLU director Roger Baldwin—wanting to avoid angering President Roosevelt—conveyed the “national board’s decision to prohibit test cases from challenging Roosevelt’s authority to issue Executive Order 9066.” Instead, local ACLU affiliates …

Cardozo Law News Brief: April 11, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the April 11, 2025 Cardozo Law News Brief include:

• A $5M gift from Judith and William Greenblatt ’82, P’14 to establish the Judith and William Greenblatt Career Success Center.

• Five new faculty members announced, joining Cardozo this summer.

• The Immigration Justice Clinic wins a Convention Against Torture case, led by students and a clinical fellow.

• Alumni Emma Guido Brill ’17 and Jonah Brill ’17 appear on the SPARKS podcast.

• Professor Kathryn Miller and Professor Peter Markowitz quoted in The New York Times on DOJ and ICE issues.

• Professor Gabor Rona publishes and speaks on international regulation of private …

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Corrected Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Service Employees International Union, American Federation Of Teachers, American Association Of University Professors, Center For Civil Rights And Critical Justice, Center For Law, Equity And Race, Center For Racial And Economic Justice, Center On Law, Race & Policy, Center On Race, Inequality, And The Law, Gibson-Banks Center For Race And The Law, The Lawyering Project, Autistic Self Advocacy Network, Bazelon Center For Mental Health Law, And Disability Law United In Support Of Plaintiff, Perkins Coie, Llp V. U.S. Department Of Justice, United States District Court For The District Of Columbia (Case No. 1:25-Cv-00716-Bah), Charlotte Garden, Jeremiah Chin, Jessica Levin, Melissa Lee, Jim Davy, Robert S. Chang, Susan Mcmahon

Court Briefs

No abstract provided.

Artificial Intelligence: An Impetus To Amend The Aba Model Code Of Judicial Conduct, Davis G. Yee

St. Mary's Journal on Legal Malpractice & Ethics

Notwithstanding the increasing prevalence of artificial intelligence or AI in the legal field, Chief Justice Roberts recently predicted that “human judges will be around for a while.” The reason is that at this time, AI cannot perform judicial mental functions as well as human judges can in deciding cases. Yet, instead of having AI replace human judges, some have explored whether AI can be used to assist human judges with their adjudicative and administrative responsibilities.

This Article focuses on a judge’s ethical obligations when encountering AI on both sides of the bench. That is, what do judicial ethics call for …

The Repair Rule: Maine Rule Of Evidence 407(A) And The Admissibility Of Subsequent Remedial Measures In Proving Negligence, Maine Law Review

Maine Law Review

Evidence of subsequent repairs is generally excluded when submitted for admission as circumstantial evidence of negligence. Although this Comment will examine various theories under which such evidence has been held inadmissible, these theories are all based on one of two assumptions. Evidence of subsequent repairs has been excluded either because it is regarded as irrelevant to the issue of negligence, or although relevant, as incompetent because its admission is believed to counteract the strong public policy to encourage repairs. Most modern rules of evidence now base the exclusion on the public policy rationale. Thus, the effect of the subsequent repair …

Residency Requirements In Initiative Ballot Access: The Limits Of First Amendment Rights And The Fight Against Atlanta's 'Cop City', Ross Levin

Fordham Law Voting Rights and Democracy Forum

When election procedure is challenged, courts must balance First Amendment rights against states’ prerogative to regulate elections. Residency requirements are an election procedure that require petition circulators be a resident of the jurisdiction. Residency restrictions on petition circulators—who collect signatures to achieve ballot access—weigh too heavily against First Amendment rights. In jurisdictions where residency requirements remain in place for initiative ballot access, voters are unconstitutionally shut out of the political process.

In this Article, I examine two cases in which the Supreme Court extended its First Amendment ballot access jurisprudence to ballot initiatives, Meyer v. Grant and Buckley v. American …

Standardizing Space Technologies As Admissible Evidence: Legal And Ethical Frameworks For U.S. Courts And The International Criminal Court, Tuana Yazici

University of Miami International and Comparative Law Review

This paper explores the increasing role of satellite and other space technologies — such as optical satellite imagery, radar, and artificial intelligence (AI) — in legal proceedings both in the U.S. and internationally. It examines relevant Supreme Court and appellate cases, as well as key international rulings, to assess how courts are addressing the legal challenges posed by surveillance technologies. These cases reveal the tension between advancing technology and existing privacy protections, highlighting the need for updated legal frameworks. The analysis also covers federal laws, including the Electronic Communications Privacy Act, alongside proposed legislation like the American Privacy Rights Act …

Silent Shores: The Asean Human Rights Response To Refugee Protections, Lakshmi Sanmuganathan

University of Miami International and Comparative Law Review

Established on August 8, 1967, the Association of Southeast Asian Nations (“ASEAN”) emerged as the first intergovernmental organization dedicated to promoting peace, security, and regional unity in Southeast Asia. In 2009, ASEAN affirmed its commitment to human rights by founding the ASEAN Intergovernmental Commission on Human Rights (“AICHR”), the first regional human rights system in Asia. This note offers a critical evaluation of the ASEAN human rights system and its response to refugee rights, recognition, and protections in Southeast Asia. It begins by assessing the historical foundation that has shaped ASEAN’s contemporary constraints. Building on this historical analysis, the focus …

It’S Time For A Change: A Proposal To Abolish Solitary Confinement From Canadian Prisons, Amy Rico

Bridges: An Undergraduate Journal of Contemporary Connections

Despite Canada’s reputation for being a leader in human rights, its treatment of prisoners requires a closer examination. In particular, prisoner and human rights advocates have widely criticized the use of solitary confinement in Canadian federal and provincial prisons as a form of torture. Solitary confinement imposes excruciating and demeaning conditions on prisoners, jeopardizing their mental and physical welfare. Following court decisions deeming solitary confinement unconstitutional, the federal government replaced the formal use of solitary confinement with structured intervention units. However, these units continue to be a reformulated version of the original practice, sustaining the torturous conditions subjected to inmates. …

Stacked Against Defendants: Retroactivity, Vacatur, And The First Step Act In Hewitt V. United States, Matthew N. Barry

Duke Journal of Constitutional Law & Public Policy Sidebar

In 2018, Congress passed the First Step Act with overwhelming bipartisan support. One of its provisions, § 403, clarifies 18 U.S.C. § 924(c) by eliminating the "stacking" of mandatory minimum sentences for certain firearm offenses for first-time offenders. Section 403(b) makes the provision retroactive so long as "a sentence for the offense has not been imposed" as of the Act's date of enactment.

In 2009, bank robbers Corey Duffey, Tony Hewitt, and Jarvis Ross were convicted of several federal crimes, including stacked § 924(c) offenses. After their sentences were vacated in 2020, they argued that they should be resentenced under …

Sentencing, Melvyn Zarr

Maine Law Review

Once the legislature has defined the acts it will punish as criminal, it must then establish a sentencing system. There are two principal features of a sentencing system: it grades crimes according to seriousness, and it apportions sentencing discretion among the legislature, the courts, and administrative agencies. The device for apportionment between the legislature and the courts is the mandatory sentence, by which the legislature may fix a period of imprisonment for a crime and forbid judges to grant probation. Apportionment of sentencing discretion between the courts and administrative agencies, on the other hand, is governed by the choice between …

Compelled Expression: Maynard V. Wooley, Maine Law Review

Maine Law Review

In 1969, the New Hampshire legislature enacted a law requiring that the state motto, "Live Free or Die," be displayed on all license plates for noncommercial vehicles. Many individuals in New Hampshire objected to the motto for various religious or philosophical reasons, and several decided to obliterate the motto by placing tape or painting over it. After numerous prosecutions under the license plate defacement statute, the constitutionality of the law was challenged as it applied to the obliteration of the motto. In 1972, the New Hampshire Supreme Court in State v. Hoskin held that the law did not violate the …

Tort Law Developments, Maine Law Review

Maine Law Review

Any discussion of recent tort law developments in Maine should begin with the abrogation of sovereign immunity, for in the timing of that far-reaching act the Law Court revealed the essence of its approach to this entire area, at once expanding liability while ensuring its careful limitation. Other progressive changes, such as the judicial creation of a new tort remedy in the cause of action for invasion of privacy, have also been hedged with restrictions. Similarly, in charting the development of legislatively created or enlarged grounds of liability in such realms as products liability or owners' and occupiers' duties to …

The Use Of Federal Habeas Corpus In Child Custody Disputes, Maine Law Review

Maine Law Review

Inability to enforce child custody decrees on a nationwide basis has created an unfortunate and well-publicized anomaly in the law. A parent disappointed with one state's award of custody may remove the child to another jurisdiction, gambling that the second state's courts will decline to enforce the original decree. Of the several remedies that have been suggested to relieve this situation, federal habeas corpus remains among the least explored. The use of federal habeas corpus in child custody disputes raises two questions central to every federal jurisdictional controversy: Do the federal courts have power to entertain the action? If the …