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Voices From A Prison Pandemic: Lives Lost From Covid-19 At Lakeland Correctional, Kimberly Thomas Sep 2021

Voices From A Prison Pandemic: Lives Lost From Covid-19 At Lakeland Correctional, Kimberly Thomas

Articles

Coronavirus tore through jails and prisons like wildfire. In some states, more than half of the people incarcerated there tested positive for COVID-19; nearly 400,000 people in prison across the United States have tested positive. For people in prison, COVID-19 brought the loss of close friends, solitary confinement, loss of connection with family and programming, lack of information, and fear of contracting the virus. It has also reminded those who are incarcerated of the one-dimensional way in which people in prison are perceived. As stated by one collaborator, Cory Souders, "[s]o many men and women who come to prison are …


Crisis Management Lessons From The Clinton Administration's Implementation Of Presidential Decision Directive 56, Leonard R. Hawley Aug 2021

Crisis Management Lessons From The Clinton Administration's Implementation Of Presidential Decision Directive 56, Leonard R. Hawley

The US Army War College Quarterly: Parameters

Drawing on personal experience, the author asks what the current administration can learn from the Clinton administration’s implementation of Presidential Decision Directive 56, examines the real-world application of the directive during the Clinton administration and the pitfalls of its agency-centric successor during the Bush administration, and identifies recurring problems and best practices for successfully responding to current global crises.


A “License To Kale”—Free Speech Challenges To Occupational Licensing Of Nutrition And Dietetics, Taylor J. Newman, Angela E. Surrett Aug 2021

A “License To Kale”—Free Speech Challenges To Occupational Licensing Of Nutrition And Dietetics, Taylor J. Newman, Angela E. Surrett

St. Mary's Law Journal

State licensing of medical professions has occurred for over a century. Recently, these licensure statutes have been subject to First Amendment challenges, alleging occupational licensure impermissibly restricts freedom of speech. This Comment addresses these free speech challenges, arguing occupational licensure statutes, at least for medical professions, only incidentally impacts free speech—if at all—by permissibly regulating medical professional conduct necessarily requiring speech. Within, the authors ultimately describe, demonstrate, and recommend a legal framework, the other factor/personal nexus approach. This approach helps determine the point at which speech becomes regulable professional conduct subject to licensing, utilizing the nutrition and dietetics profession, and …


Calling The Shots: Balancing Parental And Child Rights In The Age Of Anti-Vax, Mahrukh Badar Aug 2021

Calling The Shots: Balancing Parental And Child Rights In The Age Of Anti-Vax, Mahrukh Badar

Indiana Journal of Global Legal Studies

Vaccinations have become a contentious issue in recent times. Although there has always been opposition to vaccines, the internet has made it possible for pseudoscience and false information to spread like never before. This has led to alarming declines in vaccine confidence and adherence rates globally. High-income countries have seen the sharpest drop in vaccine confidence rates. Factors such as the complacency effect and religious objections likely explain this decline. Most countries have attempted to raise vaccine confidence levels by enacting laws that make vaccinations for children compulsory, with strict penalties for parents who refuse to comply. In addition to …


23rd Annual Open Government Summit: Access To Public Records Act, Open Meetings Act Powerpoint Presentation 07-30-2021, Office Of Attorney General State Of Rhode Island, Peter F. Neronha Jul 2021

23rd Annual Open Government Summit: Access To Public Records Act, Open Meetings Act Powerpoint Presentation 07-30-2021, Office Of Attorney General State Of Rhode Island, Peter F. Neronha

School of Law Conferences, Lectures & Events

No abstract provided.


Mass Shootings, Mental "Illness," And Tarasoff, J. Thomas Sullivan Jul 2021

Mass Shootings, Mental "Illness," And Tarasoff, J. Thomas Sullivan

Law Faculty Scholarship

The continuing public attention focused on acts of mass violence, including mass shootings, has understandably created significant concerns over the ability to protect individuals from death and injury attributable to these acts. At least two generalized explanations for this kind of violence have been put forward, based on the nature of the acts and apparent motivation of the perpetrators, who are often killed in the process by themselves or law enforcement officers. Many acts of mass violence are committed by individuals confirmed to be terrorists, acting with political or religious-political motivations. Others are assumed to be committed by individuals acting …


Sober Second Thought? Korematsu Reconsidered, Mark R. Killenbeck Jun 2021

Sober Second Thought? Korematsu Reconsidered, Mark R. Killenbeck

Arkansas Law Review

How to best describe and treat Korematsu v. United States? A self-inflicted wound? It is certainly an exemplar of a case that in key respects tracks Justice Stephen Breyer’s caution about decisions that have “harm[ed] not just the Court, but the Nation.” Part of an “Anticanon,” resting on “little more than naked racism and associated hokum” and “embod[ying] a set of propositions that all legitimate constitutional decisions must be prepared to refute”? Perhaps. Or is it simply an opinion and result that “has long stood out as a stain that is almost universally recognized as a shameful mistake”?


Therapeutic Jurisprudence: Foundations, Expansion, And Assessment, David C. Yamada Jun 2021

Therapeutic Jurisprudence: Foundations, Expansion, And Assessment, David C. Yamada

University of Miami Law Review

Therapeutic Jurisprudence: Foundations, Expansion, and Assessment Founded in 1987 by law professors David Wexler and the late Bruce Winick, therapeutic jurisprudence (“TJ”) is a multidisciplinary school of legal theory and practice that examines the therapeutic and anti-therapeutic properties of law, policy, and legal institutions. In legal events and transactions, TJ inherently favors outcomes that advance human dignity and psychological well-being. Starting with original groundings in mental health and mental disability law, criminal law, and problem-solving courts, and with a geographic focus on the United States, TJ now embraces many aspects of law and policy and presents a strong international orientation. …


Restorative Retributivism, Brian M. Murray Jun 2021

Restorative Retributivism, Brian M. Murray

University of Miami Law Review

The current criminal justice moment is ripe for discussion of first principles. What the criminal law is, what it should do, and why society punishes is as relevant as ever as communities reconsider the reach of the criminal law and forms of punishment like incarceration. One theory recently put forth—reconstructivism—purports to offer a descriptive and normative theory of the criminal law and punishment while critiquing the ills of the American system. It comprehends the criminal law and punishment as functional endeavors, with the particular goal of restitching or “reconstructing” the social fabric that crime disrupts. In particular, reconstructivism is a …


What The Great Recession Revealed About Taxation By Citation And What Can Be Done About It, Dick M. Carpenter Ii, Chelsea Lawson, Courtney Deuser Jun 2021

What The Great Recession Revealed About Taxation By Citation And What Can Be Done About It, Dick M. Carpenter Ii, Chelsea Lawson, Courtney Deuser

University of Michigan Journal of Law Reform

In recent years, the issue of “taxation by citation” has grown in national prominence. It is generally defined as municipal revenue generation through fines and fees that transcends a clear relationship to public health and safety and serves more as a revenue generating device. According to critics, taxation by citation creates conflicts of interest, violates the rights of those with low income, and distorts law enforcement priorities. Municipal leaders reject such criticisms by denying taxation by citation even exists. To date, research findings have been mixed on whether cities practice taxation by citation. This Article examines whether there is a …


American Punishment And Pandemic, Danielle C. Jefferis Jun 2021

American Punishment And Pandemic, Danielle C. Jefferis

Nevada Law Journal

No abstract provided.


Welcome Home? An Analysis Of Federal Housing Programs And Their Efficacy In Reducing Homelessness Among Domestic Violence Survivors, Courtney Veneri May 2021

Welcome Home? An Analysis Of Federal Housing Programs And Their Efficacy In Reducing Homelessness Among Domestic Violence Survivors, Courtney Veneri

DePaul Journal for Social Justice

No abstract provided.


Revolving Doors Of Hospitalization And Incarceration: How Perceptions Of Procedural Justice Affect Treatment Outcomes, Maria Slater May 2021

Revolving Doors Of Hospitalization And Incarceration: How Perceptions Of Procedural Justice Affect Treatment Outcomes, Maria Slater

William & Mary Journal of Race, Gender, and Social Justice

This Article compares the levels of procedural justice afforded to persons with severe mental illness in the civil and criminal systems, either via involuntary commitment in state psychiatric hospitals in the civil system or via mental health court as an alternative to incarceration in the criminal system. Using Virginia’s mental health courts and civil commitment systems as case studies, this Article compares the procedures by which a person can be involuntary committed in the civil system with those afforded to persons who are funneled into mental health treatment courts in the criminal system, analyzing how levels of procedural justice—both actual …


Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum May 2021

Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Death-By-Incarceration In Illinois, Joseph Dole Apr 2021

Death-By-Incarceration In Illinois, Joseph Dole

Northwestern Journal of Law & Social Policy

No abstract provided.


The Martin Institute: Prints, Spring 2021, Stonehill College: The Martin Institute For Law And Society Apr 2021

The Martin Institute: Prints, Spring 2021, Stonehill College: The Martin Institute For Law And Society

The Martin Institute: Prints

No abstract provided.


Technological Tethereds: Potential Impact Of Untrustworthy Artificial Intelligence In Criminal Justice Risk Assessment Instruments, Sonia M. Gipson Rankin Apr 2021

Technological Tethereds: Potential Impact Of Untrustworthy Artificial Intelligence In Criminal Justice Risk Assessment Instruments, Sonia M. Gipson Rankin

Faculty Scholarship

Issues of racial inequality and violence are front and center in today’s society, as are issues surrounding artificial intelligence (AI). This Article, written by a law professor who is also a computer scientist, takes a deep dive into understanding how and why hacked and rogue AI creates unlawful and unfair outcomes, particularly for persons of color.

Black Americans are disproportionally featured in criminal justice, and their stories are obfuscated. The seemingly endless back-to-back murders of George Floyd, Breonna Taylor, and Ahmaud Arbery, and heartbreakingly countless others have finally shaken the United States from its slumbering journey towards intentional criminal justice …


Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein Apr 2021

Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein

Michigan Law Review

A Review of Until We Reckon: Violence, Mass Incarceration, and a Road to Repair. by Danielle Sered.


Can Prosecutors End Mass Incarceration?, Rachel E. Barkow Apr 2021

Can Prosecutors End Mass Incarceration?, Rachel E. Barkow

Michigan Law Review

A Review of Charged: The New Movement to Transform American Prosecution and End Mass Incarceration. by Emily Bazelon.


The Geopolitics Of American Policing, Andrew Lanham Apr 2021

The Geopolitics Of American Policing, Andrew Lanham

Michigan Law Review

A Review of Badges Without Borders: How Global Counterinsurgency Transformed American Policing. by Stuart Schrader.


The Costs Of Separation: Incarcerated Mothers And The Socioeconomic Benefits Of Community-Based Alternatives For Nonviolent Offenders, Rahgan Jensen Mar 2021

The Costs Of Separation: Incarcerated Mothers And The Socioeconomic Benefits Of Community-Based Alternatives For Nonviolent Offenders, Rahgan Jensen

Brigham Young University Journal of Public Law

No abstract provided.


Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam Mar 2021

Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam

Brigham Young University Journal of Public Law

No abstract provided.


Prostitution Decriminalization Campaigns In The United States: Libertarianism Or A "Decent Society", Jody Raphael Mar 2021

Prostitution Decriminalization Campaigns In The United States: Libertarianism Or A "Decent Society", Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

Recently, legislative campaigns to totally decriminalize the sex trade industry in a handful of U.S. states and the District of Columbia failed, but a look at campaign supporters and their arguments demonstrates that libertarian principles are mainly guiding their efforts. This article explores how libertarianism principles, when applied to the sex trade, could bring about severe and lasting harm to others, including sellers of sex, potential victims of sex trafficking to meet the new demand, and the general community. Philosophic principles of liberty have been incorporated by courts, which find that liberty is never absolute and requires a balancing test …


Humans Long Ignored: Revisiting Nepa's Definition Of "Human Environment" In The Era Of Black Lives Matter, Travis D. Jones Feb 2021

Humans Long Ignored: Revisiting Nepa's Definition Of "Human Environment" In The Era Of Black Lives Matter, Travis D. Jones

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Emergencies End Eventually: How To Better Analyze Human Rights Restrictions Sparked By The Covid-19 Pandemic Under The International Covenant On Civil And Political Rights, Eric Richardson, Colleen Devine Feb 2021

Emergencies End Eventually: How To Better Analyze Human Rights Restrictions Sparked By The Covid-19 Pandemic Under The International Covenant On Civil And Political Rights, Eric Richardson, Colleen Devine

Michigan Journal of International Law

In the wake of the COVID-19 pandemic, states have been quick to adopt emergency measures aimed at curbing the spread of the virus. However, poorly constructed restrictions threaten to undermine hard won human rights protections and may in fact erode important elements of international human rights law as a result of overreaching implementation or lack of rigorous analysis in how the restrictions are put, and kept, in place. This article analyzes the International Convent on Civil and Political Rights (ICCPR) standards which apply to emergency regulation in times of public health crisis and the tangled morass of legal tests which …


Protesting In America, Timothy Zick Jan 2021

Protesting In America, Timothy Zick

Popular Media

No abstract provided.


An Accountability Cometh: Amend 42 Usc Section 1983 And 18 Usc Sections 241, 242, Thereby Initiating A Path To Re-Imaging Peace Officers Acting Under The Color Of State Law, James M. Durant Iii Jan 2021

An Accountability Cometh: Amend 42 Usc Section 1983 And 18 Usc Sections 241, 242, Thereby Initiating A Path To Re-Imaging Peace Officers Acting Under The Color Of State Law, James M. Durant Iii

DePaul Journal for Social Justice

No abstract provided.


Practical Abolition: Universal Representation As An Alternative To Immigration Detention, Matthew Boaz Jan 2021

Practical Abolition: Universal Representation As An Alternative To Immigration Detention, Matthew Boaz

Scholarly Articles

A federally funded universal representation program can serve as a practical first step toward the abolition of immigration detention and the other harsh enforcement mechanisms that are utilized today. While abolition is typically an ideology espoused by a small subsection of the general population, its purpose can be achieved through a less partisan and broader reaching ideal -- fiscal efficiency and responsibility. By demonstrating that the provision of counsel and other wrap around services is significantly less costly than immigration detention, while also showing that providing counsel and wrap around services is an extremely effective way to ensure compliance, this …


Releasing Older Prisoners Convicted Of Violent Crimes: The Unger Story, Michael Millemann, Jennifer Elisa Chapman, Samuel P. Feder Jan 2021

Releasing Older Prisoners Convicted Of Violent Crimes: The Unger Story, Michael Millemann, Jennifer Elisa Chapman, Samuel P. Feder

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Privacy In Pandemic: Law, Technology, And Public Health In The Covid-19 Crisis, Tiffany C. Li Jan 2021

Privacy In Pandemic: Law, Technology, And Public Health In The Covid-19 Crisis, Tiffany C. Li

Law Faculty Scholarship

The COVID-19 pandemic has caused millions of deaths and disastrous consequences around the world, with lasting repercussions for every field of law, including privacy and technology. The unique characteristics of this pandemic have precipitated an increase in use of new technologies, including remote communications platforms, healthcare robots, and medical Al. Public and private actors alike are using new technologies, like heat sensing, and technologically influenced programs, like contact tracing, leading to a rise in government and corporate surveillance in sectors like healthcare, employment, education, and commerce. Advocates have raised the alarm for privacy and civil liberties violations, but the emergency …