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Lockdown In Manchester Is A Slippery Slope, Risa Evans May 2016

Lockdown In Manchester Is A Slippery Slope, Risa Evans

Law Faculty Scholarship

[Excerpt] "Liberty. Security. Both are essential to a good life. But of course, neither is absolute, and at times circumstances demand that a society trade some measure of liberty for security. The tricky part is deciding when and how to draw the line."


Human Rights Legislation And U.S. Foreign Policy, David Weissbrodt May 2016

Human Rights Legislation And U.S. Foreign Policy, David Weissbrodt

Georgia Journal of International & Comparative Law

No abstract provided.


The Limits Of Liberty: The Crime Of Male Same-Sex Conduct And The Rights To Life And Personal Liberty In Singapore: Lim Meng Suang V Attorney-General [2015] 1 Slr 26, Jack Tsen-Ta Lee May 2016

The Limits Of Liberty: The Crime Of Male Same-Sex Conduct And The Rights To Life And Personal Liberty In Singapore: Lim Meng Suang V Attorney-General [2015] 1 Slr 26, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

In Lim Meng Suang v Attorney-General (2014), the Singapore Court of Appeal held that s 377A of the Penal Code, which criminalises acts of “gross indecency” between men whether occurring in public or private, does not infringe either the rights to equality and equal protection guaranteed by Art 12(1), or the rights to life and personal liberty guaranteed by Art 9(1) of the Constitution. This article examines the analyses of the latter provision by the Court of Appeal in Lim Meng Suang, and by the High Court in Tan Eng Hong v Attorney-General (2013) which was one of the two …


Writing The Rules Of Attorney-Whistleblowing: Who Gets To Decide, And How Do We Make The Decision?, Alex Bein Apr 2016

Writing The Rules Of Attorney-Whistleblowing: Who Gets To Decide, And How Do We Make The Decision?, Alex Bein

Fordham Urban Law Journal

No abstract provided.


Federalism And State Marijuana Legislation, Dean M. Nickles Apr 2016

Federalism And State Marijuana Legislation, Dean M. Nickles

Notre Dame Law Review

An increasing number of states have passed legislation legalizing medical and recreational marijuana. This Note provides a survey of the language utilized by these states in their legislation and legislative materials, searching for and highlighting those purposes and intentions of the states, which implicate, explicitly or implicitly, federalism. Through this survey of mostly primary source materials, various trends and similarities among the materials will be apparent, and this Note will provide a useful resource for those trying to understand why the states may have enacted these laws.


Unilateral Invasions Of Privacy, Roger Allan Ford Apr 2016

Unilateral Invasions Of Privacy, Roger Allan Ford

Notre Dame Law Review

Most people seem to agree that individuals have too little privacy, and most proposals to address that problem focus on ways to give those users more information about, and more control over, how information about them is used. Yet in nearly all cases, information subjects are not the parties who make decisions about how information is collected, used, and disseminated; instead, outsiders make unilateral decisions to collect, use, and disseminate information about others. These potential privacy invaders, acting without input from information subjects, are the parties to whom proposals to protect privacy must be directed. This Article develops a theory …


Government-Provided Internet Access: Terms Of Service As Speech Rules, Enrique Armijo Mar 2016

Government-Provided Internet Access: Terms Of Service As Speech Rules, Enrique Armijo

Fordham Urban Law Journal

No abstract provided.


Urban Energy, Hannah J. Wiseman Mar 2016

Urban Energy, Hannah J. Wiseman

Fordham Urban Law Journal

Growing domestic energy development—the extraction of fuels and construction of electricity generation facilities—poses new challenges to a country accustomed to importing much of its energy. As has always been the case, fuel in the form of oil, gas, sunlight, wind, water, or other energy sources must be extracted wherever it happens to be found. Compounding this challenge is the fact that some of our most abundant remaining energy sources exist in low concentrations and are widely distributed. As we tap these sources in ever more numerous locations, energy development bumps up against certain human population centers. The City of Fort …


Saving Mount Laurel?, Roderick M. Hills Mar 2016

Saving Mount Laurel?, Roderick M. Hills

Fordham Urban Law Journal

No abstract provided.


Health Reform And Correctional Health Care: How The Affordable Care Act Can Improve The Health Of Ex-Offenders And Their Communities, Joel B. Teitelbaum, Laura G. Hoffman Mar 2016

Health Reform And Correctional Health Care: How The Affordable Care Act Can Improve The Health Of Ex-Offenders And Their Communities, Joel B. Teitelbaum, Laura G. Hoffman

Fordham Urban Law Journal

No abstract provided.


Thinking Outside The Bun: How Chicago Can Combat Food Deserts And Obesity Through Public Health Policies And The Law, Calvin Edwards Mar 2016

Thinking Outside The Bun: How Chicago Can Combat Food Deserts And Obesity Through Public Health Policies And The Law, Calvin Edwards

DePaul Journal for Social Justice

No abstract provided.


Organizing In Detroit Soup Kitchens For Power And Justice, Gregory B. Markus Mar 2016

Organizing In Detroit Soup Kitchens For Power And Justice, Gregory B. Markus

DePaul Journal for Social Justice

No abstract provided.


The Unpunishable Immorality, Ramzi Nasser Mar 2016

The Unpunishable Immorality, Ramzi Nasser

Touro Law Review

No abstract provided.


Reducing The Rate Of Prison Recidivism In Florida By Providing State Corporate Income Tax Credits To Businesses As An Incentive For Employment Of Ex-Felons, Heidi A. Hillyer Mar 2016

Reducing The Rate Of Prison Recidivism In Florida By Providing State Corporate Income Tax Credits To Businesses As An Incentive For Employment Of Ex-Felons, Heidi A. Hillyer

Barry Law Review

No abstract provided.


Location, Location, Mis-Location: How Local Land Use Restrictions Are Dulling Halfway Housing's Criminal Rehabilitation Potentia, Michael J. Mcgowan Mar 2016

Location, Location, Mis-Location: How Local Land Use Restrictions Are Dulling Halfway Housing's Criminal Rehabilitation Potentia, Michael J. Mcgowan

Student Scholarship

Part I of this Article begins with a brief historical explanation of halfway houses as a model of criminal rehabilitation. Part II addresses why recidivism rates provide the most appropriate metric gauging halfway houses' success and how they apparently have failed to improve recidivism rates. Part III then delves into the body of scholarship that explains how an individual's likelihood of landing back behind bars is to some extent demonstrably tied to their location, meaning their surrounding cultural, economic, and criminogenic environment. Part IV discusses the sparse data on the sorts of neighborhoods where halfway houses ultimately end up and …


Collateral Consequences: How Reliable Data And Resources Can Change The Way Law Is Practiced, Christopher Gowen, Erin Magary Feb 2016

Collateral Consequences: How Reliable Data And Resources Can Change The Way Law Is Practiced, Christopher Gowen, Erin Magary

Fordham Urban Law Journal

No abstract provided.


Detention Without Trial In Kenya, Kevin Conboy Feb 2016

Detention Without Trial In Kenya, Kevin Conboy

Georgia Journal of International & Comparative Law

No abstract provided.


Occupy Wall Street And International Human Rights, Martha F. Davis Feb 2016

Occupy Wall Street And International Human Rights, Martha F. Davis

Fordham Urban Law Journal

No abstract provided.


Occupy Our Occupations: Why “We Are The 99%” Resonates With Working People And What We Can Do To Fix The American Workplace, Sarah Leberstein, Anastasia Christman Feb 2016

Occupy Our Occupations: Why “We Are The 99%” Resonates With Working People And What We Can Do To Fix The American Workplace, Sarah Leberstein, Anastasia Christman

Fordham Urban Law Journal

No abstract provided.


Exciting Changes In Central Baltimore: Examining The Homewood Community Partners Initiative, Gillian Rathbone-Webber Jan 2016

Exciting Changes In Central Baltimore: Examining The Homewood Community Partners Initiative, Gillian Rathbone-Webber

University of Baltimore Journal of Land and Development

The Homewood Community Partners Initiative (HCPI) is one of the newest waves of development based in Baltimore.1 HCPI has a different approach to development than other economic development plans in Baltimore and, in comparison to some failed attempts in other areas of the City, it seems to be working. Baltimore has long suffered from blight, high rates of vacant buildings, and high crime. There have been many previous attempts to address and repair those issues with only some success. HCPI is attempting to mitigate all those issues by way of a community development agenda and a five-part plan.2 While the …


Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams Jan 2016

Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams

Faculty Articles and Other Publications

This article uses a recent move on the part of feminist legal advocates-social justice feminism ("SJF')--to explore the contours of the Second Amendment. Feminist legal theory, specifically SJF, reveals that the Second Amendment and attendant societal understandings ofthe right to keep and bear arms played a role in establishing and reproducing white male dominance. Understood in this way, the Court's decisions in Heller and McDonald reinforce structural oppression under the guise of promoting individual rights. To make that case, this article proceeds in four parts. Part I briefly addresses the question of why a feminist lens is useful in this …


How An Acoustic Sensor Can Catch A Gunman, 32 J. Marshall J. Info. Tech. & Privacy L. 211 (2016), Amanda Busljeta Jan 2016

How An Acoustic Sensor Can Catch A Gunman, 32 J. Marshall J. Info. Tech. & Privacy L. 211 (2016), Amanda Busljeta

UIC John Marshall Journal of Information Technology & Privacy Law

Conversations said in public do not have an expectation of privacy, and therefore, the ShotSpotter does not violate the right to privacy. This comment will address the following: a) ShotSpotter technology is a necessity in all neighborhoods; b) ShotSpotter does not violate an individual’s expectation of privacy; c) the need for ShotSpotter outweighs the cost of the device; and e) regulations and economic solutions will allow cities to use ShotSpotter while still protecting the individual’s privacy rights.


A Proposal To Allow The Presentation Of Mitigation In Juvenile Court So That Juvenile Charges May Be Expunged In Appropriate Cases, Katherine I. Puzone Jan 2016

A Proposal To Allow The Presentation Of Mitigation In Juvenile Court So That Juvenile Charges May Be Expunged In Appropriate Cases, Katherine I. Puzone

Faculty Scholarship

No abstract provided.


Trafficking In Narratives: Conceptualizing And Recasting Victims, Offenders, And Rescuers In The War On Human Trafficking, Sabrina Balmgamwalla Jan 2016

Trafficking In Narratives: Conceptualizing And Recasting Victims, Offenders, And Rescuers In The War On Human Trafficking, Sabrina Balmgamwalla

Law Faculty Research Publications

Anti-trafficking laws emerge from a complex historical context, shaped in no small part by public perception of this highly complex problem. This Article explores and questions the headlines and examples that drove anti-trafficking reforms over the past century. These "trafficking narratives" have stimulated and shaped the response to trafficking both globally and domestically and have powerful implications for the evolving framework of protection and punishment. Specifically, this Article argues that the roles of "victims," "offenders," and "rescuers" serve as proxies for racialized and gendered assumptions about trafficking, which in turn are reflected in anti-trafficking law and enforcement. This Article builds …


A Federal Certificate Of Rehabilitation Program: Providing Federal Ex-Offenders More Opportunity For Successful Reentry, Lisa A. Rich Jan 2016

A Federal Certificate Of Rehabilitation Program: Providing Federal Ex-Offenders More Opportunity For Successful Reentry, Lisa A. Rich

Faculty Scholarship

The purpose of this Article is to propose a new federal certificate of rehabilitation program. The creation of such a program not only would help the thousands of federal offenders released back into their communities every year overcome employment barriers but would also serve as a model for states to use in addressing the need of their own burgeoning population of former offenders. In order to understand the magnitude of the problem, it is essential to understand the pool of offenders affected by their criminal history, the intent of the federal agencies to assist this disadvantaged group, and the barriers …


The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton Jan 2016

The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton

CMC Senior Theses

This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …


Consent To Psychiatric Treatment: From Insight (Into Illness) To Incite (A Riot), Sheila Wildeman Jan 2016

Consent To Psychiatric Treatment: From Insight (Into Illness) To Incite (A Riot), Sheila Wildeman

Articles, Book Chapters, & Popular Press

The aim of this chapter is to go back to the basics on consent to treatment, starting with the right to refuse and building from there. Part II addresses the leading judicial statements on the value of medical self-determination, and in light of these statements, considers what is at stake in psychiatric treatment choice. Part III explores the three core elements of valid consent to treatment -- namely that consent be voluntary, informed and capable -- with attention to variation in the law amongst provinces and territories, and some lines of analysis and critique specifically applicable to mental health care …


Humbug: Toward A Legal History, Susanna Blumenthal Jan 2016

Humbug: Toward A Legal History, Susanna Blumenthal

Buffalo Law Review

No abstract provided.


Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez Jan 2016

Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez

St. Mary's Law Journal

Abstract Forthcoming.


When Fantasy Becomes Reality: Attempts To Regulate The Highly Unregulated Daily Fantasy Sports Industry., Garrett Greene Jan 2016

When Fantasy Becomes Reality: Attempts To Regulate The Highly Unregulated Daily Fantasy Sports Industry., Garrett Greene

St. Mary's Law Journal

Legislation is beginning to creep into the once safeguard-devoid sphere of the daily fantasy sports industry. Daily fantasy sports are a subset of traditional season-long fantasy sports and are immensely lucrative, yet there are hardly any standard regulations. Ironically, the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006, which was used to outlaw online poker gambling, paved the way for daily fantasy sports, because it federally exempted fantasy sports from being classified as illegal sports gambling. The UIGEA further protects daily fantasy sports from the Professional and Amateur Sports Prohibition Act (PASPA) of 1992 which prohibits states from sponsoring sports …