Digital Commons Network^™

Joint Authority? The Case For State-Based Marijuana Regulation, Matthew Shectman

Tennessee Journal of Law and Policy

No abstract provided.

Panel Four: Finding A Silver Lining In The Darkest Clouds: How Today's Economic Crisis Creates Opportunities For Reform And Cost Savings In The Administration Of The Death Penalty, Tony Mauro, Jean Faria, Jon B. Gould, Elizabeth (Libby) Sykes, Malcolm R. Hunter

Tennessee Journal of Law and Policy

No abstract provided.

Panel Three: Unique Ethical Dilemmas In Capital Representation, Penny J. White, Sean O'Brien, Mary Ann Green, Ann Short-Bowers

Tennessee Journal of Law and Policy

No abstract provided.

Luncheon Address: Remarks From Professor Jerry Black, Jerry Black

Tennessee Journal of Law and Policy

No abstract provided.

Dealing With Excessive Caseloads With Litigation: Panel Two, Mark E. Stephens, Rory Stein, Max Bahner, Cara H. Drinan, Adele Bernhard

Tennessee Journal of Law and Policy

No abstract provided.

Dealing With Excessive Caseloads Without Litigation, Robert Stein, John Terzano, Norman Lefstein, Avis Buchanan, Robert Boruchowitz, Dennis Keefe, James R. Neuhard

Tennessee Journal of Law and Policy

No abstract provided.

National Public Defense Symposium: Achieving The Promise Of The Sixth Amendment: Non-Capital And Capital Defense Services, Laurie Robinson

Tennessee Journal of Law and Policy

No abstract provided.

Systemic Indigent Defense Litigation: A 2010 Update, Cara H. Drinan

Tennessee Journal of Law and Policy

No abstract provided.

Panel Discussion 4: Best Practices In Representing Children In Court, Timothy Irwin, Carlton Lewis, Dwight Stokes

Tennessee Journal of Law and Policy

No abstract provided.

Keynote Address: Revisiting Luzerne County: Promoting Fairness, Transparency, And Accountability In Juvenile Court, Robert Schwartz

Tennessee Journal of Law and Policy

No abstract provided.

Revisiting Marcuse On Repressive Tolerance: A Twenty-First Century Retrospective, David Ingram

Philosophy: Faculty Publications and Other Works

Herbert Marcuse’s essay Repressive Tolerance (RP) has been praised by the Left and vilified by the Right for its alleged promotion of censorship targeting reactionary opinions and actions. I argue that this interpretation of the text is mistaken. According to my alternative reading of the text, RP should be understood as an exercise in provocation and irony aimed at defending civil disobedience and dissent. Marcuse’s defense of dissent, however, appeals to a critique of pure tolerance that exposes the unavoidably partisan practice of tolerance, which invariably favors the reigning undemocratic status quo. The choice whether to tolerate in a manner …

Ndls Communicator: Week Of 10.28.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School welcomes new faculty and visiting scholars for the 2024-25 academic year
• Professors Paolo Carozza and Richard Garnett honored by the American Academy of Sciences and Letters
• Law School Professor Derek Muller joins CNN as contributor for 2024 presidential election
• Notre Dame Law Professor Patrick Corrigan named to The Irish Legal 100
• Tribute: The Honorable Daniel A. Manion ‘64
• ND Law's Eviction Clinic reaches settlement for South Bend family fleeing lead-filled home
• Bryan Stevenson delivers powerful message about ‘proximity’ at lecture in South Bend

Faculty News and Briefs

• Dean G. Marcus Cole was honored …

State V. Mathis: Examining The Shifting Sands Between Due Process And Evidence Disclosure Burdens, Hannah Good

Montana Law Review

No abstract provided.

What To Do If Your Client Lies: Ethical Considerations For Criminal Practitioners, Katy Stack, Jessica Maynard

Montana Law Review

No abstract provided.

Significant Montana Cases, Makayla Aman, Elise Keenum

Montana Law Review

No abstract provided.

Alternative Measures And Its Advantages, Alma Doko

UBT International Conference

Criticisms of imprisonment as the main prison sentence for the fight against crime, as a negative phenomenon, penal legislation in countries around the world take into account and replace them with other measures, less restrictive but with the same goal, reducing criminality and raising the awareness of perpetrators of crimes acts to respect the governing norms. Alternative measures or probation are measures that are known as community sanctions and measures. Almost all states enunciate and apply them in their penal legislation because of their many advantages. Their massive application in court practice is proof that they lead to positive effects …

Rehabilitation Over Retribution: Rethinking Juvenile Justice For Traumatized Youth, Brian L. Traub

University of Cincinnati Law Review

No abstract provided.

The Legal Landscape After Roe's Reversal, Rachel Rebouché

University of Cincinnati Law Review

No abstract provided.

Reforming Nova Scotia's Secure Care Model: Gender Bias And Calls To Action, Abby Metcalf

Dalhousie Journal of Legal Studies

The following paper is a critical analysis of Nova Scotia’s secure care model which is legislated under ss. 55-56 of the Children and Family Services Act. Under these provisions, children who are in the care of the Minister of Community Services or Mi’kmaw Family & Children’s Services of Nova Scotia may be confined against their will at the Wood Street Centre in Truro, Nova Scotia. This paper makes two critical arguments. The first is that the legislation concerning secure care in this province is notably overbroad, leaving children who are in crisis vulnerable to being subjected to what is …

Getting To Home: Understanding The Collateral Consequences Of Negative Records In The Rental Housing Market, Sara Sternberg Greene, Barbara Kiviat, Hesu Yoon

Duke Law Journal

The United States faces a rental housing crisis marked by a scarcity of housing supply, leading to intense competition among prospective tenants. This crisis is a particular challenge for the more than one hundred million U.S. residents burdened with negative records such as criminal records, debts in collections, and evictions. Landlords have more access than ever to applicants’ information, yet little is known about how landlords process and think about these records to make housing decisions. This Article draws on theories of cultural sociology to provide a data-driven understanding of how landlords conceptualize the value of several types of personal …

Where The Crawdads Sing Deconstructed: An Examination Of Natural Vs. Moral Law, Rural Justice Systems, And True Crime, Hannah Martin

Ohio Northern University Law Review

No abstract provided.

Unequal Protection Of The Laws For Women Is Constitutional Terrorism, So How Come Nobody Knows About It?, Wendy J. Murphy J.D.

Ohio Northern University Law Review

No abstract provided.

A Defendant's Right To Counsel In Commitment Hearings For Nonpayment Of A Criminal Fine, Barbara A. Appleby

Maine Law Review

The federal constitutional right of an indigent defendant to appointed counsel in state court proceedings derives from two constitutional provisions. First, the sixth amendment, as incorporated by the due process clause of the fourteenth amendment, provides the basis for an absolute right to counsel in criminal prosecutions leading to actual imprisonment. Second, the due process clause, as an independent source of individual rights, provides the basis for the right to counsel in civil proceedings. Both the sixth amendment and the due process rights may be implicated in a hearing for non-payment of a criminal fine. Title 17-A, section 1304 of …

Maine's Unintentional Murder Statute: Depraved Indifference On Trial, Louis B. Butterfield

Maine Law Review

Perhaps nowhere in the law is the demand for reason and justice more compelling than in the penal law, and nowhere in the penal law is the need for fairness greater than in the law defining murder. The notion of fairness in Anglo-American criminal law is embodied in the concept of mens rea. For over three hundred years, the basic tenet of penal law has been that "actus non facit reum, nisi mens sit rea." A mens rea element serves to define a crime in positive terms and also provides the basis for defenses that negate the subjective culpability element. …

The Voices Of Black Women: Experiences Of Intimate Partner Violence And Mandatory Arrest, Lacoya Charnis Crape

Doctoral Dissertations and Projects

The purpose of this phenomenological study was to understand the lived experiences of Black female victims of IPV concerning mandatory arrest and how they perceive the outcomes and effects of the arrest on either partner involved. The findings revealed that Black women had mixed experiences with mandatory arrest; those with Black abusers reported positive experiences with this law, and those with White abusers experienced negative encounters. Eight out of twenty-three mandatory arrest states were identified as problematic states by Black women due to measures of poor police performance. Outcomes suggest that Black women with White abusers experience unique barriers associated …

Ring Ring ... No Answer, No Warrant, No Problem? A Look Into A Hidden Cost Of Home Surveillance Technology, Lauren Cahill

San Diego Law Review

This Comment analyzes the exigent circumstance doctrine as applied to law enforcement’s obtainment of home surveillance data from a provider of such technology. Part II of this Comment provides a case study of one major home surveillance technology provider, Amazon Ring. This Comment uses Amazon Ring to analyze a broader range of issues that pertain not only to Amazon Ring, but to all home surveillance technology providers. Part III analyzes the relevant background law of the Fourth Amendment. Part IV describes the ways that law enforcement can currently obtain home surveillance data. It discusses how the third-party doctrine, which generally …

A Global Comparison Of Communication Intervention Strategies For Justice-Involved Youth, Sophia Janeiro Martinez

OUR Journal: ODU Undergraduate Research Journal

Purpose: This paper explores the intricate relationship between communication disorders and delinquent youth behavior. It will explore the detrimental impact of zero-tolerance policies and their contribution to the school-to-prison pipeline. It will introduce issues, such as complex Miranda warning diction, and the benefits of including speech-language pathologists (SLPs) to aid in youth comprehension. Additionally, it will propose the integration of SLPs within the juvenile justice system to assist in communication between justice-involved youth (JIY) and justice professionals during conversations, questioning, and trials or hearings. Furthermore, this paper examines the roles of SLPs within juvenile justice systems abroad, including Canada, …

The Child Witness In Sexual Abuse Cases In Maine: Presentation, Impeachment, And Controversy, Kermit V. Lipez

Maine Law Review

In any sexual abuse trial, the entry of the child into the courtroom is a dramatic moment. The large door to the courtroom opens. A small child enters, accompanied by a victim advocate who walks with the child toward the witness stand. At the end of the public seats, the child is turned over to a court officer who escorts the child to the witness stand. In the typically high-ceilinged, expansive courtroom where we conduct our jury trials, the small child looks even smaller. Some children slouch in the witness chair, as if they were trying to hide. The jurors …

Proposition 6: Eliminates Constitutional Provision Allowing Involuntary Servitude For Incarcerated Persons, Logan Alex Wilkinson, Hayden Cole

California Initiative Review (CIR)

No abstract provided.

The Problem With Direct Collateral Review, Jaden M. Lessnick

Pepperdine Law Review

Federal habeas review of state convictions is sharply circumscribed for a reason: Granting the writ of habeas corpus disrupts the federalism and finality interests that lie at the heart of state sovereignty over criminal law. Both the Antiterrorism and Effective Death Penalty Act (AEDPA) and the Supreme Court’s equitable bars to relief reflect the structural dangers inherent in collateral review of state convictions. Given the increasing unavailability of federal habeas relief, state prisoners have turned to another vehicle for collateral federal review, one that bypasses AEDPA’s demanding standard: direct review of state post-conviction proceedings. And regrettably, the Court has entertained …