Digital Commons Network^™

A Law Clinic Systems Theory And The Pedagogy Of Interaction: Creating Legal Learning System, Patrick C. Brayer

Faculty Works

This article introduces a clinical systems approach that reframes professional experience as an interaction with a professional environment. The article encourages clinical faculty and other legal educators to contemplate the pedagogy of systemic interaction when teaching from experience and to then expand professional interactive opportunities within the short period of student participation. Clinical systems theory operates on the premise that students should reframe how they look at their surroundings so that the challenges that make up their professional system are not seen as problems but as means to a solution. Reframing by the student is realized in a clinical system …

A Fresh Cut In An Old Wound—A Critical Analysis Of The Trayvon Martin Killing: The Public Outcry, The Prosecutors' Discretion, And The Stand Your Ground Law, Tamara F. Lawson

University of Florida Journal of Law & Public Policy

No abstract provided.

Fatherhood And Equality: Reconfiguring Masculinities, Nancy E. Dowd

UF Law Faculty Publications

In this article, Professor Dowd sets out the asymmetric pattern of men’s caretaking as compared to women’s caretaking, and raises the issue of why greater equality has not been achieved in care as women’s participation in the workforce has increased. She argues that not only is this linked to the lack of institutional and structural supports for parenthood, which leads to gendered outcomes in who does care, but in addition, and perhaps most importantly, the barrier to care is cultural, linked to masculinities norms. Dowd sets out the barriers to care linked to masculinities and suggests a further analysis linked …

Disabling Racial Repetition, Zanita E. Fenton

Articles

No abstract provided.

Assassination Or Targeted Killings After 9/11, John Yoo

NYLS Law Review

No abstract provided.

Reflections On Juvenile Justice Reform In New York, Jeremy Travis

NYLS Law Review

No abstract provided.

The Law And Economics Of Fluctuating Criminal Tendencies And Incapacitation, Murat C. Mungan

Faculty Scholarship

Economic analyses of criminal law are frequently and heavily criticized for being unable to explain many criminal law rules and doctrines that people find intuitively just. Existing economic models cannot properly explain, for instance, why criminal law distinguishes between (i) repeat offenders and first-time offenders, (ii) murder and voluntary manslaughter, and (iii) remorseful and non-remorseful offenders.

In this Article, I propose a new and richer economic theory of crime that captures the rationales behind these practices, and potentially behind many other important criminal law principles and doctrines. Unlike an overwhelming majority of previous economic analyses, my theory accounts not only …

The Influence Of Past Racism On Criminal Injustice: A Review Of The New Jim Crow And The Condemnation Of Blackness, Jelani Jefferson Exum

Faculty Publications

(Excerpt)

There are books that, on their own, are informative and moving. But, oftentimes, reading books together—one right after the other—compounds each works’ transformative power. Michelle Alexander’s much-needed report (calling it simply a book hardly does it justice), The New Jim Crow: Mass Incarceration in the Age of Colorblindness, can certainly stand on its own as an important statement about the current use of mass incarceration to maintain a racial caste system in the United States. The same strength can be found in The Condemnation of Blackness: Race, Crime, and the Making of Modern Urban America, Khalil Gibran …

Using Community Based Participatory Research To Study The Relationship Between Sources And Types Of Funding And Mental Health Outcomes For Children Served By The Child Welfare System In Ohio, Susan Vivian Mangold, Catherine Cerulli, Gregory Kapcar, Crystal Ward Allen, Kim Kaukeinen, Hua He

Journal Articles

No abstract provided.

Constitutionalizing Immigration Law: The Vital Role Of Judicial Discretion In The Removal Of Lawful Permanent Residents, Maritza I. Reyes

Journal Publications

For decades, scholars and advocates criticized the harsh, mandatory nature of the Federal Sentencing Guidelines. They argued that federal district court judges should have discretion to authorize a punishment that fits the facts and circumstances of the crime and the defendant. Similarly, immigration scholars and advocates criticize the harsh laws that categorically remove lawful permanent residents, even after minor crimes, from the United States. In 2005, in United States v. Booker, the Supreme Court "constitutionalized" the Sentencing Guidelines by rendering them advisory, and returning judicial discretion to federal judges. This Article argues that the similar constitutional, historical, theoretical, societal, and …

Understanding The United States' Incarceration Rate, William T. Pizzi

Publications

What has caused prison sentences to climb so sharply and consistently in the last four decades?

Changing Workforce Demographics And The Future Of The Protected Class Approach, Nancy Levit

Faculty Works

The composition and identity characteristics of the American workforce are changing. The population in this country is rising, aging, and becoming much more racially and ethnically diverse. Appearance norms are shifting too. These changes have enormous implications for constitutional and employment discrimination law. In both equal protection and employment discrimination cases, recovery usually depends on membership in a constitutionally or statutorily protected category. Yet the statutory approach to anti-discrimination law has stagnated. Part of the difficulty of the protected class approach is that it is based on something of a paradox — the paradox of exceptionalism. Class-based protection requires individuals …

"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss

Law Faculty Articles and Essays

There is an increasing focus upon the material and metaphoric spatial dimensions of various academic disciplines, including law. This essay considers the spatial dimensions of legal pedagogy, focusing on Critical Race Theory (CRT). The essay first explains the "critical program" in law and how CRT grows out of it. The essay then suggests that the critical program, and especially CRT, is as much a human geographic or spatial construct as it is a social, political or historic one, and briefly describes the nature of human geography and legal geography. It next considers how metaphors for understanding CRT's position in legal …

The Obama Administration And The Prospects For A Democratic Presidency In A Post-9/11 World, Peter M. Shane

NYLS Law Review

No abstract provided.

People V. Harnett, Joanna C. Peck

NYLS Law Review

No abstract provided.

Juvenile Justice Reform: Now Is The Moment, Judith S. Kaye

NYLS Law Review

No abstract provided.

Growing Up Policed In The Age Of Aggressive Policing Policies, Brett G. Stoudt, Michelle Fine, Madeline Fox

NYLS Law Review

No abstract provided.

Judging Children As Children: Reclaiming New York’S Progressive Tradition, Michael A. Corriero

NYLS Law Review

No abstract provided.

When The Cure Makes You Ill: Seven Core Principles To Change The Course Of Youth Justice, Gabrielle Prisco

NYLS Law Review

No abstract provided.

Reducing Juvenile Detention: Notes From An Experiment On Staten Island, Nancy L. Fishman

NYLS Law Review

No abstract provided.

New Paths For The Court: Protections Afforded Juveniles Under Miranda; Effective Assistance Of Counsel; And Habeas Corpus Decisions Of The Supreme Court’S 2010/2011 Term, Richard Klein

Touro Law Review

No abstract provided.

Identity, Privacy And Crime: Privacy And Public Records In Florida, Martin A. Holland

University of Florida Journal of Law & Public Policy

No abstract provided.

Unpacking The First Prong Of The Strickland Standard: How To Identify Controlling Precedent And Determine Prevailing Professional Norms In Ineffective Assistance Of Counsel Cases, Gary Feldon, Tara Beech

University of Florida Journal of Law & Public Policy

No abstract provided.

Do Sex Offender Registries Make Us Less Safe?, J. J. Prescott

Articles

State legislatures enacted sex offender registration and notification (SORN) laws with the explicit and exclusive aim of reducing sex offender recidivism. The general idea that we ought to “regulate” released offenders — of any type — to reduce the likelihood of their returning to crime is an attractive one, at least in theory. Criminal recidivism generates significant social harm. Nevertheless, despite their now-widespread use, SORN laws became the norm without any systematic study of their consequences. Admittedly, the logic underlying these laws seems at first difficult to gainsay: if a known sex offender poses even a small risk to a …

"U" Stands For Underutilization: The U Visa's Vulnerability For Underuse In The Sex Trafficking Context, Erin Bistricer

Cardozo Journal of Equal Rights & Social Justice

The U Visa, established in 2000 under the Violence Against Women Act (VAWA) reauthorization, was designed to provide legal status to victims of certain crimes, including sex trafficking, without fear of deportation. However, its implementation has been hindered by significant challenges, including delayed regulations, confusion among applicants, and reliance on law enforcement cooperation, which can be a barrier for traumatized victims. While the U Visa offers more flexibility than the T Visa by covering a broader range of crimes and requiring a lower standard of proof, its effectiveness is limited by factors such as annual caps, inadequate state anti-trafficking laws, …

Predators In Paradise: Puerto Rico's Recent Sex Offender Problems And The Federal Government's Ill Suited Solutions, Adan Soltren

Cardozo Journal of Equal Rights & Social Justice

The note examines the challenges and implications of implementing the Adam Walsh Act (2006) in Puerto Rico, particularly its Sex Offender Registration and Notification Act (SORNA) provisions. It highlights Puerto Rico's noncompliance with SORNA due to its less stringent sex offender laws and the economic and policy concerns surrounding full adoption. The analysis critiques SORNA's one-size-fits-all approach, especially its treatment of juvenile offenders, and proposes tailored solutions for Puerto Rico to address these issues while maintaining public safety.

Juvenile Justice After Graham V. Florida: Keeping Due Process, Autonomy, And Paternalism In Balance, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

Legal disputes involving children invariably evoke a complex matrix of issues such as child and adolescent capacity, individual rights and autonomy, parental authority, and in the criminal justice context-diminished culpability for a minor's actions. While it is difficult to identify a clear and cohesive jurisprudence regarding the balance between children's autonomy and children's vulnerability across Supreme Court cases, a series of cases over the last decade, including Roper v. Simmons, Graham v. Florida, and J.D.B. v. North Carolina, offer a more consistent view of children as vulnerable, malleable, and in need of protection, at least in the …

Introduction: Masculinities, Multidimensionality, And Law: Why They Need One Another, Ann C. Mcginley, Frank Rudy Cooper

Scholarly Works

No abstract provided.

From Private Violence To Mass Incarceration: Thinking Intersectionally About Women, Race, And Social Control, Kimberlé W. Crenshaw

Faculty Scholarship

The structural and political dimensions of gender violence and mass incarceration are linked in multiple ways. The myriad causes and consequences of mass incarceration discussed herein call for increased attention to the interface between the dynamics that constitute race, gender, and class power, as well as to the way these dynamics converge and rearticulate themselves within institutional settings to manufacture social punishment and human suffering. Beyond addressing the convergences between private and public power that constitute the intersectional dimensions of social control, this Article addresses political failures within the antiracism and antiviolence movements that may contribute to the legitimacy of …

The Balanced Budget Amendment: A Threat To The Constitutional Order, Neil J. Kinkopf

Faculty Publications By Year

No abstract provided.