Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Northwestern Pritzker School of Law (6866)
- University of Michigan Law School (1836)
- Fordham Law School (1499)
- Duke Law (1166)
- Yeshiva University, Cardozo School of Law (1117)
-
- American University Washington College of Law (1101)
- William & Mary Law School (973)
- Maurer School of Law: Indiana University (901)
- Brigham Young University Law School (864)
- UC Law SF (862)
- Case Western Reserve University School of Law (844)
- University of Minnesota Law School (814)
- Vanderbilt University Law School (782)
- Seton Hall University (742)
- Southern Methodist University (725)
- Washington and Lee University School of Law (709)
- Notre Dame Law School (680)
- University of North Carolina School of Law (660)
- University of Richmond (656)
- University of Chicago Law School (639)
- Cornell University Law School (603)
- New York Law School (570)
- Columbia Law School (562)
- Loyola University Chicago, School of Law (538)
- Florida State University College of Law (537)
- University of Miami Law School (523)
- University of Washington School of Law (513)
- Maurice A. Deane School of Law at Hofstra University (512)
- University of Missouri School of Law (493)
- University of Maryland Francis King Carey School of Law (488)
- Keyword
-
- Criminal law (1290)
- Criminal justice (1127)
- Law (774)
- Justice (642)
- Criminal procedure (614)
-
- Crime (585)
- Police (573)
- Evidence (551)
- Sentencing (548)
- Capital punishment (468)
- Race (468)
- Death penalty (458)
- Criminal Law (457)
- Constitutional law (403)
- Punishment (403)
- Criminology (390)
- Human rights (390)
- Supreme Court (361)
- Due process (341)
- Corrections (335)
- Criminal Law and Procedure (332)
- Discrimination (327)
- Constitutional Law (323)
- Sixth Amendment (319)
- United States Supreme Court (316)
- Fourth Amendment (309)
- Courts (298)
- Civil rights (294)
- Ethics (293)
- Law enforcement (290)
- Publication Year
- Publication
-
- Journal of Criminal Law and Criminology (6599)
- Faculty Scholarship (2408)
- Articles (1221)
- Faculty Publications (1097)
- Michigan Law Review (675)
-
- Fordham Law Review (597)
- Scholarly Works (482)
- North Carolina Law Review (456)
- Faculty Articles (348)
- Hofstra Law Review (341)
- Indiana Law Journal (340)
- Vanderbilt Law Review (338)
- Fordham Urban Law Journal (331)
- Law and Contemporary Problems (330)
- Journal Articles (326)
- UC Law Journal (326)
- Scholarly Articles in Law Reviews & Journals (325)
- Cardozo Law Review (313)
- Case Western Reserve Law Review (312)
- Articles by Maurer Faculty (310)
- Minnesota Law Review, Vols. 1-106:1 (1917-2021) (308)
- Georgetown Law Faculty Publications and Other Works (305)
- Seton Hall Law Review (299)
- SMU Law Review (290)
- Villanova Law Review (1956 - ) (288)
- Washington and Lee Law Review (284)
- Vanderbilt Law School Faculty Publications (274)
- Louisiana Law Review (272)
- Notre Dame Law Review (271)
- Missouri Law Review (267)
- Publication Type
- File Type
Articles 1471 - 1500 of 53066
Full-Text Articles in Entire DC Network
Chevron Was Not, And Cannot Be, Overruled: The Dullness Of Loper Bright, Edward L. Rubin
Chevron Was Not, And Cannot Be, Overruled: The Dullness Of Loper Bright, Edward L. Rubin
Vanderbilt Law School Faculty Publications
As expected, the Supreme Court declared, in Loper Bright Enterprises. v. Raimondo,' that "Chevron is overruled." The Court was notably vague about the principle that would replace it, declaring that "courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority," but providing little guidance about how this crucial task should be performed. This is an obvious defect in an opinion with innumerable defects, but the problems with the Court's decision go well beyond its specific flaws. The Court did not understand the decision that it claimed to overrule. Chevron is not simply a …
Artificial Intelligence: Maryland's Double-Edged Sword In Employment Decisions, Jessica S. Kweon
Artificial Intelligence: Maryland's Double-Edged Sword In Employment Decisions, Jessica S. Kweon
University of Baltimore Law Forum
No abstract provided.
Tedder'S Not Dead: What Process Is Due To Suspended Elected Officials In Florida?, Richard J. Mullaney
Tedder'S Not Dead: What Process Is Due To Suspended Elected Officials In Florida?, Richard J. Mullaney
William & Mary Law Review
This Note argues that a proper interpretation of Florida law recognizes property interests in elected office as an integral factor to be considered when assessing what process is due to suspended elected officials. Part I provides an overview of the theoretical underpinnings and modern evolution of procedural due process and property interests, particularly as they relate to public employment and elected office. Part II contrasts historical case law in Florida where property rights were recognized with a curious line of emerging case law that finds no such rights. Part III investigates and refutes the flawed reasoning behind recent opinions that …
Conservative Caution V. Progressive Originalism: How Justices Barrett And Jackson Are Paving Their Own Paths On The Court, David Rudenstine, Michael Waldman, Eric Freedman, Haiyun Damon-Feng, William D. Araiza, Mark Anthony Frassetto, Jake Meiseles, Michael Pollack, Linda Greenhouse, Earl M. Maltz
Conservative Caution V. Progressive Originalism: How Justices Barrett And Jackson Are Paving Their Own Paths On The Court, David Rudenstine, Michael Waldman, Eric Freedman, Haiyun Damon-Feng, William D. Araiza, Mark Anthony Frassetto, Jake Meiseles, Michael Pollack, Linda Greenhouse, Earl M. Maltz
Cardozo Journal of Equal Rights & Social Justice
The Conservative Caution v. Progressive Originalism symposium, hosted by the Cardozo Journal of Equal Rights and Social Justice on March 7, 2025, brings together leading constitutional scholars to examine the emerging judicial philosophies of Justices Amy Coney Barrett and Ketanji Brown Jackson. Through three expert panels—presidential immunity, gun rights, and judicial ideology—the symposium analyzes how both Justices are shaping contemporary originalist discourse from opposing ends of the ideological spectrum. Panelists explore the Supreme Court’s watershed decision in Trump v. United States (2024), emphasizing its unprecedented expansion of presidential immunity and its implications for separation of powers and democratic accountability. Discussions …
Kendra's Paradox: Redefining The Statutory Approach To Assisted Outpatient Psychiatric Treatment In New York, Matt Donelian
Kendra's Paradox: Redefining The Statutory Approach To Assisted Outpatient Psychiatric Treatment In New York, Matt Donelian
Cardozo Journal of Equal Rights & Social Justice
The note critically examines the limitations of Kendra's Law in New York, which provides Assisted Outpatient Treatment (AOT) for individuals with severe mental illnesses. While the law aims to balance public safety and individual rights, its strict eligibility criteria often prevent timely intervention, leading to worse outcomes for those in need. The note proposes reforming the law to prioritize clinical assessments over past actions, enabling earlier intervention while respecting individual rights. This reform would address the law's retroactive nature and promote a more proactive, compassionate approach to mental health care.
From Hanging To Nitrogen Hypoxia: The Evolution Of Execution And The Case For American Abolition, Anna Kuhlman
From Hanging To Nitrogen Hypoxia: The Evolution Of Execution And The Case For American Abolition, Anna Kuhlman
The International Law Review Association Student Forum
The death penalty has been a dark fixture in societal punishment for most of human history. It has allowed for grisly, violent executions of people found guilty of misconduct relative to the culture they live in. “The first established death penalty laws date as far back as the Eighteenth Century BCE in the Code of King Hammurabi of Babylon, which codified the death penalty for 25 different crimes.” The first death sentence on record was a member of nobility in 16th-century BCE Egypt, where the wrongdoer was accused of magic and ordered to commit suicide. In the seventh century B.C.E., …
التَّسوية الجزائيَّة في قانون الإجراءات الجزائيَّة الإماراتي, Fatima Salem Al Dhaheri
التَّسوية الجزائيَّة في قانون الإجراءات الجزائيَّة الإماراتي, Fatima Salem Al Dhaheri
Theses
Penal Settlement in the UAE Criminal Procedure Law
In pursuit of enhancing justice and improving the efficiency of the criminal justice system, modern legislations have witnessed significant developments in the mechanisms through which the state exercises its right to impose sanctions. This has been achieved through the adoption of innovative approaches in criminal policy. Several legal systems have embraced alternative mechanisms to resolve criminal disputes outside the framework of traditional criminal proceedings, whether in cases of violations (infractions), misdemeanors, or even certain felonies. In line with this approach, the UAE legislator introduced the Criminal Settlement System in the latest amendment …
The Lao Penal Code: A Comparative Discourse, Wing Cheong Chan, Wing Cheong Chan, Phanthasak Mingnakhone, Perrine Simon, Stanley Yeo
The Lao Penal Code: A Comparative Discourse, Wing Cheong Chan, Wing Cheong Chan, Phanthasak Mingnakhone, Perrine Simon, Stanley Yeo
Research Collection Yong Pung How School Of Law
This book comprises a commentary on the criminal law of Laos dealing with the general principles of criminal responsibility, and describing the main offences against the person and property under the Lao Penal Code 2017.
Understanding Processes That Produce Racial Disparities In California Death Sentences: A Review Of The Literature, Catherine M. Grosso, Michael Laurence, Jeffrey A. Fagan
Understanding Processes That Produce Racial Disparities In California Death Sentences: A Review Of The Literature, Catherine M. Grosso, Michael Laurence, Jeffrey A. Fagan
Faculty Scholarship
A robust and extensive body of empirical research, and a rich historical record, documents a recurring and pervasive influence of race in the application of California’s death penalty. This article reviews the legal and social science research to document multiple paths through which institutions and processes produce these racial disparities over many decisions in many cases across four decades. The article reviews relevant literature by decision, institution, or actor and presents key findings. This includes documenting the history of the broad statutory design of the California capital punishment statue. The review also considers research on policing, including the influence of …
Truth, Fiction, And Abolition, Xiao Wang, Samuel Weiss
Truth, Fiction, And Abolition, Xiao Wang, Samuel Weiss
Michigan Law Review
A review of Chain-Gang All-Stars. By Nana Kwame Adjei-Brenyah.
Taking Revolution Seriously, Zohra Ahmed
Taking Revolution Seriously, Zohra Ahmed
Michigan Law Review
A review of Tip of the Spear: Black Radicalism, Prison Repression, and the Long Attica Revolt. By Orisanmi Burton.
U.S. Territories And The Criminal Law Curriculum, Emmanuel H. Arnaud
U.S. Territories And The Criminal Law Curriculum, Emmanuel H. Arnaud
Articles
No abstract provided.
"Price Discrimination" Discrimination, Talia B. Gillis
"Price Discrimination" Discrimination, Talia B. Gillis
Faculty Scholarship
Credit price personalization, where lenders set prices based on individual borrower and loan characteristics, is a common practice across many loan types, with conventional accounts of its harms focusing on the ways in which risk-based pricing, or setting prices based on borrowers’ credit risk, can lead to disparities for protected groups like racial minorities and women. This Article examines an often-overlooked yet potentially harmful form of price personalization — charging borrowers different rates based on their willingness-to-pay, known as price discrimination — and argues that this practice can exploit vulnerable borrowers, including protected groups like racial minorities and women, by …
Law And Historical Materialism, Jeremy K. Kessler
Law And Historical Materialism, Jeremy K. Kessler
Faculty Scholarship
Since the financial crisis of 2008, left-leaning legal thought has experienced a renaissance within the American academy. From law and political economy to critical race theory to feminist legal studies to Marxist legal theory, new perspectives have flourished, and marginalized traditions have been revived and revised. These new perspectives and revisionist projects all share an intellectual debt to the critical legal studies (“CLS”) movement of the late 1970s and 1980s. That movement’s critique was focused on functional accounts of law: accounts that understood legal change as primarily responsive to the demands of extralegal social and economic forces. Some of those …
From Flames To Change: An Exploration Of Housing, Fire, And Inequity, Helen Underhill, Charles R. Jennings, Brian Meacham, Danielle Antonellis
From Flames To Change: An Exploration Of Housing, Fire, And Inequity, Helen Underhill, Charles R. Jennings, Brian Meacham, Danielle Antonellis
Publications and Research
Housing and fire safety are deeply connected: inadequate and poorly maintained housing poses heightened fire risk for occupants. An individual or household’s housing situation (including limited or constrained choice) interacts with issues such as affordability, access, location, quality, safety, occupancy levels, tenure type, and resident or immigration status. These dynamics shape vulnerability, and inequity becomes most visible in the event of a fire. The extreme end of this spectrum includes the unhoused, who occupy structures entirely outside of regulatory systems with little or no fire protection.
Navigating The Paths To Justice: A Study On The Role Of Social Supports In Responding To Justiciable Events, Andrew Pilliar
Navigating The Paths To Justice: A Study On The Role Of Social Supports In Responding To Justiciable Events, Andrew Pilliar
Journal of Law and Social Policy
This article reports the results of an in-depth qualitative study of advice-seeking behaviours in a large Canadian city. Nine participants were recruited from neighbourhood houses in the Vancouver area to discuss their experiences in responding to one of two kinds of justiciable event: a personal injury or a government benefits problem. The paper offers a detailed discussion of nuances in how individuals experienced, characterized, and took action in response to their justiciable problem. Notably, many of the research participants spoke about the importance of social supports and the contingent nature of those supports, both in understanding what they had experienced …
The Case For Expanding The Right To An Interpreter Beyond The Courtroom, Ivy Tengge Xu
The Case For Expanding The Right To An Interpreter Beyond The Courtroom, Ivy Tengge Xu
Journal of Law and Social Policy
For an accused who is not proficient in an official language, interpreter assistance is critical to ensure a basic level of understanding and participation in the criminal process. Section 14 of the Canadian Charter of Rights and Freedoms constitutionalizes the protection against linguistic prejudice in legal proceedings. The Supreme Court of Canada has given section 14 a generous interpretation in the criminal context, but the availability and quality of courtroom interpretation is often compromised in practice due to a shortage of qualified interpreters and concerns about delays. Outside the courtroom, however, neither the Charter nor any statutory right in Canada …
Probative Of Prejudice: Procedural Unfairness Underlying Security Threat Group Classifications In Canadian Prisons, Shane Martinez
Probative Of Prejudice: Procedural Unfairness Underlying Security Threat Group Classifications In Canadian Prisons, Shane Martinez
Journal of Law and Social Policy
Achieving meaningful oversight and enforcement of prisoners’ rights has long been a challenge for those incarcerated in Canada’s prison system. This is illustrated in part by how the Correctional Service of Canada (CSC) applies the Security Threat Group (STG) classification to Black prisoners. CSC disproportionately classifies Black prisoners as being members or affiliates of STGS–even when those allegations are of unknown reliability. This paper analytically highlights how this practice impacts the liberty interests of these prisoners on the basis of unproven allegations. It also considers how a lack of procedural safeguards in this context contributes to a larger pattern of …
Radical Resistance In The Penumbra Of The Law: Legal Mobilization For Migrant Farmworkers Under Neo-Colonial Racial Capitalism, Vasanthi Venkatesh
Radical Resistance In The Penumbra Of The Law: Legal Mobilization For Migrant Farmworkers Under Neo-Colonial Racial Capitalism, Vasanthi Venkatesh
Journal of Law and Social Policy
Workers from the Global South with temporary immigration status provide a transitory, cheap, exploitable workforce that is responsive to economic vicissitudes and supremacist anti-migration discourse. They are created as an exceptional category of persons “essential” for their work but with no right to remain and claim citizenship-type entitlement to the Global North. The programs in agriculture are rooted in the legacies of indentureship, plantation, and other forms of racialized coerced labour. These programs continue to entrench a neocolonial racial capitalist global order where “unfree labour” is sanctified by contemporary liberal laws. Caught in the vice of a hegemonic, racial, state-governed …
Quo Vadis Hak Atas Kesehatan Reproduksi: Analisis Rekonstruksi Pengaturan Aborsi Di Indonesia (Perbandingan Hukum Indonesia Dengan Perancis), Dian Kencana Putri, Erna Dyah Kusumawati
Quo Vadis Hak Atas Kesehatan Reproduksi: Analisis Rekonstruksi Pengaturan Aborsi Di Indonesia (Perbandingan Hukum Indonesia Dengan Perancis), Dian Kencana Putri, Erna Dyah Kusumawati
Jurnal Hukum & Pembangunan
Pembatasan akses aborsi di Indonesia menyebabkan banyak perempuan dengan kehamilan tidak diinginkan terpaksa berhadapan dengan hukum. Pembatasan aborsi yang mengakibatkan kriminalisasi ini dapat menyebabkan dilema moral bagi banyak perempuan yang mengalami kehamilan tidak diinginkan. Padahal aborsi berpotensi terjadi pada setiap perempuan berusia produktif di Indonesia. Aborsi di Indonesia merupakan tindakan ilegal dan aborsi hanya dapat dilakukan dalam dua kondisi saja, yakni kedaruratan medis dan kehamilan yang disebabkan perkosaan. Artikel ini menganalisa bagaimana sebenarnya substansi aborsi dapat dimasukkan pada kategori hak kesehatan reproduksi perempuan dan mengapa negara Indonesia perlu mengubah kebijakan dan hukum mengenai aborsi. Untuk melihat seberapa pentingnya negara harus …
The Effect Of An ‘Appearance, Presentation And Demeanour’ Instruction On Credibility And Deception Judgments In Mock Refugee Status Decisions, Hilary Evans Cameron, Sean Rehaag, Katrina Friesen
The Effect Of An ‘Appearance, Presentation And Demeanour’ Instruction On Credibility And Deception Judgments In Mock Refugee Status Decisions, Hilary Evans Cameron, Sean Rehaag, Katrina Friesen
Journal of Law and Social Policy
Can a written instruction convince refugee status decision-makers not to rely on a claimant’s ‘appearance, presentation, and demeanour’ in judging the claimant’s credibility? How else might such an instruction affect the decision-makers’ deception judgments? This study explored the effects of an APD instruction on the judgments of lay decision-makers making credibility judgments in a simulated refugee hearing (n=275). It sought, by means of an experiment, to quantify the instruction’s effects both on decision- making outcomes and on the written reasons that the decision-makers offered to justify their conclusions. The APD instruction in our study had no significant effect on whether …
Keith Allen Harward's Wrongful Conviction, Matthias Pearce
Keith Allen Harward's Wrongful Conviction, Matthias Pearce
SACAD: Scholarly Activities
Keith Allen Harward served 33 years in prison in Virginia for a rape and murder (The Innocence Project, 2025). The main evidence for his conviction was bite marks found on the rape victim’s legs. Someone broke into a house and murdered a man and raped the man’s wife. The rape victim described the man who had assaulted her, saying he was wearing a sailor’s outfit. A shipyard security guard nearby reported a man in a blood-spattered E-3 sailor’s uniform. Dental records of all E-3s were obtained and tested, and Harward was identified as the assailant (Keith Allen HARWARD v. COMMONWEALTH …
Ai Governance And The Future Of The Law: International Trends In Developing Ai Regulatory Legislation, Fumio Shimpo
Ai Governance And The Future Of The Law: International Trends In Developing Ai Regulatory Legislation, Fumio Shimpo
Japanese Society and Culture
In order to identify international trends in AI governance, the status of AI-related legislation in 74 countries and institutions has been investigated. This paper presents the current status of the above in relation to the Organisation for Economic Co-operation and Development, (OECD), the G7 Summit, the United Nations, the AI Safety Summit, and Brazil, Canada, China, the EU, Peru, the UK, and the US, which have started to develop legislation for AI governance. The international trend of legislation on AI regulation has been surveyed and analysed as a basis for considering the future of AI governance.
Attorney Perceptions Of Plea-Bargaining, Sarah K. Edelen
Attorney Perceptions Of Plea-Bargaining, Sarah K. Edelen
Undergraduate Theses
The purpose of this study is to gain a deeper understanding of how criminal prosecutors and defense attorneys describe the negotiation process of plea-bargains, and the roles and discretion they exercise during it. Additionally, plea-bargaining is not well understood by many members of the public, so this research allows the public to gain insight and knowledge into the process. This study consisted of in-depth, qualitative interviews with both prosecutors and defense attorneys. The results of the study were analyzed through a content analysis. Overall, it was found that the way the plea-bargaining process is described through the existing literature differs …
Good Newsletter March 28, 2025, Seattle University School Of Law Dean
Good Newsletter March 28, 2025, Seattle University School Of Law Dean
GOOD NEWSletter
No abstract provided.
Is There A Relationship Between Drug Addiction And Incarceration?, Lindsey M. Lopez
Is There A Relationship Between Drug Addiction And Incarceration?, Lindsey M. Lopez
SACAD: Scholarly Activities
The connection between drug addiction and incarceration has been widely debated. Many individuals who struggle with substance abuse will end up in the criminal justice system, mainly due to drug-related crimes or offenses committed under the influence like DUI’s. This study examines whether incarceration is effective in solving substance abuse issues or if alternative approaches such as rehabilitation, offer better results. The analysis explores the balance between punishment and treatment programs to determine what the most effective strategy is in reducing recidivism and addressing why drug addiction is high in the justice system.
Deepfakes And Shallow Laws: Regulating Distorted Narratives In The Political Cyberspace, Shimona Mohan, Sarthak Wadhwa
Deepfakes And Shallow Laws: Regulating Distorted Narratives In The Political Cyberspace, Shimona Mohan, Sarthak Wadhwa
Indian Journal of Law and Technology
With a sizable section of the global population witnessing electoral churn, protests, and resistance movements in the past couple of years, this is clearly a watershed moment for modern democracies vis-à-vis technological advancements. Electoral canvassing in these democracies has expanded its footprint in the digital space, be it through social media or navigating the general contours of anonymity, engagement, and misinformation that govern our online worlds. In this context, the advent of deepfakes in the recent past, and the exponential evolution of the technology both for outreach and disruption, has invited acute regulatory attention and intervention. However, traditional policy design …
The Perils And Promises Of Artificial Intelligence In Criminal Sentencing, Tasnimul Hassan Md
The Perils And Promises Of Artificial Intelligence In Criminal Sentencing, Tasnimul Hassan Md
Indian Journal of Law and Technology
The proliferation of technology has resulted in an increased reliance of individuals on technological devices. The world is progressively being automated using Artificial Intelligence (AI) systems that are implemented to achieve specific objectives. Automation is now an important part of people’s lives, and it could heavily change the criminal justice system. This article looks at the use of AI in criminal sentencing in India, arguing that AI-based sentencing can reduce sentencing disparity, either if it is subject to a human element or it is fed with ample data that no case-fact is left out. The paper argues that since AI …
Digital Child Labor Exploitation In Sharenting: Proposing Legislative Solutions For Enhanced Child Protection, Joana Guzman Gonzalez
Digital Child Labor Exploitation In Sharenting: Proposing Legislative Solutions For Enhanced Child Protection, Joana Guzman Gonzalez
University Honors Theses
This thesis explores the implications of sharenting -- the practice of sharing children's information on mass media--raises urgent concerns about child safety and potential human rights violations -- and the exploitation of children in digital spaces, focusing on the risks of privacy, safety and mental health pose by the rise of kidfluencers – children influencers under the age of 18 – and family vlog channels. Through a comprehensive literature review, the research examines children's online presence's emotional, legal, and societal impacts, drawing from case studies such as Sheri Franke, Wren Eleanor, Ryan Kaji, and JoJo Siwa. The analysis reveals a …
A Love Letter To The Leaders: Why Recognizing And Discussing Secondary Trauma In Legal Work Will Benefit Your Staff, Your Clients, And Most Importantly, The Work, Isabel Corngold, Elizabeth Cole
A Love Letter To The Leaders: Why Recognizing And Discussing Secondary Trauma In Legal Work Will Benefit Your Staff, Your Clients, And Most Importantly, The Work, Isabel Corngold, Elizabeth Cole
Nebraska Journal on Advancing Justice
When you work in a client-facing, client-centered section of the law like criminal law, and specifically wrongful convictions, you encounter trauma. Many organizations, including innocence organizations, do not do a sufficient job to recognize and address the impact of that trauma on their staff. This piece seeks to explain the potential impact of this trauma by, one, defining the terms burnout; secondary and vicarious trauma; empathetic distress; countertransference; and compassion fatigue, and, two, listing out signs and symptoms that can be caused by experiencing any of these emotions. Drawing from the authors’ experiences in innocence organizations, this piece addresses leaders …