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Articles 361 - 390 of 1118
Full-Text Articles in Entire DC Network
'A Rose By Any Other Name Would Smell As Sweet': How Aggregate Sentencing Violates Miller V. Alabama, Elizabeth C. Kingston
'A Rose By Any Other Name Would Smell As Sweet': How Aggregate Sentencing Violates Miller V. Alabama, Elizabeth C. Kingston
Criminal Law Practitioner
No abstract provided.
Verdad Y Justicia: Terminos Incompatibles En La Justicia Transicional, Ianiv Garfunkel
Verdad Y Justicia: Terminos Incompatibles En La Justicia Transicional, Ianiv Garfunkel
American University International Law Review
No abstract provided.
Griswold And Its Surroundings: The 1963, '64, And '65 Terms, L.A. Powe
Griswold And Its Surroundings: The 1963, '64, And '65 Terms, L.A. Powe
American University Law Review
No abstract provided.
Why Capital Punishment Is No Punishment At All, Jason Iuliano
Why Capital Punishment Is No Punishment At All, Jason Iuliano
American University Law Review
Capital punishment has generated an incredible amount of public debate. Is the practice constitutional? Does it deter crime? Is it humane? Supporters and opponents of capital punishment disagree on all of these issues and many more. There is perhaps only one thing that unites these two camps: the belief that the death penalty is society's most severe punishment. In this Article, I argue that this belief is mistaken. Capital punishment is not at the top of the punishment hierarchy. In fact, it is no punishment at all. My argument builds from a basic conception of punishment endorsed by the Supreme …
From The Editors, Raleigh Mark, Trevor Addie
From The Editors, Raleigh Mark, Trevor Addie
Criminal Law Practitioner
No abstract provided.
An End To The Mystery, A New Beginning For The Debate: National Inventory Of Collateral Consequences Of Conviction (Niccc) Provides Complete List Of Every Collateral Consequence In The Country, Alex Tway, Jonathan K. Gitlen
An End To The Mystery, A New Beginning For The Debate: National Inventory Of Collateral Consequences Of Conviction (Niccc) Provides Complete List Of Every Collateral Consequence In The Country, Alex Tway, Jonathan K. Gitlen
Criminal Law Practitioner
No abstract provided.
Overcoming Obstacles To Succeed: Notifying Youth Of Their Juvenile Record Expungement Rights And Eligibility, Riya Saha Shah, Lourdes M. Rosado
Overcoming Obstacles To Succeed: Notifying Youth Of Their Juvenile Record Expungement Rights And Eligibility, Riya Saha Shah, Lourdes M. Rosado
Criminal Law Practitioner
No abstract provided.
Prosecutors Should Consider Collateral Consequences, Robert M.A. Johnson
Prosecutors Should Consider Collateral Consequences, Robert M.A. Johnson
Criminal Law Practitioner
No abstract provided.
Looking For Love In The Online Age - Convicted Felons Need Not Apply: Why Bans On Felons Using Internet Dating Sites Are Problematic And Could Lead To Violations Of The Computer Fraud & Abuse Act, Amy Tenney
Criminal Law Practitioner
No abstract provided.
The Fourth Amendment In The Digital Age Symposium, Braxton Marcela
The Fourth Amendment In The Digital Age Symposium, Braxton Marcela
Criminal Law Practitioner
No abstract provided.
Adult Rape Victims Should Be Permitted To Testify By Closed-Circuit Television, Matthew Marthaler
Adult Rape Victims Should Be Permitted To Testify By Closed-Circuit Television, Matthew Marthaler
Criminal Law Practitioner
No abstract provided.
High Times: Is The Federal Legalization Of Marijuana Next? What The Food And Drug Administration Could Learn From Its Existing Regulations, Christopher B. Erly
High Times: Is The Federal Legalization Of Marijuana Next? What The Food And Drug Administration Could Learn From Its Existing Regulations, Christopher B. Erly
American University Journal of Gender, Social Policy & the Law
This student comment examines the efficacy of marijuana being regulated by the Food and Drug Administration. The author discusses and applies potential FDA regulatory models that could be used to regulate marijuana. The comment concludes marijuana could be easily regulated under the current Food and Drug Administration regulatory scheme and suggests that marijuana should be regulated in a manner akin to tobacco rather than as a drug.
Combating Terrorism With The Alien Terrorist Removal Court, Jonathan H. Yu
Combating Terrorism With The Alien Terrorist Removal Court, Jonathan H. Yu
American University National Security Law Brief
No abstract provided.
Terror In The Press: How The U.K.’S Threatened Criminalization Of The Guardian Under The Terrorism Act 2000 Would Violate Article 10 Of The European Convention On Human Rights, Christa Elliott
American University International Law Review
No abstract provided.
Europe, Human Rights Brief
Expunging America's Rap Sheet In The Information Age, Jenny Roberts
Expunging America's Rap Sheet In The Information Age, Jenny Roberts
Scholarly Articles in Law Reviews & Journals
"Getting a Second Chance After a Criminal Record.", "Want to Expunge Your Record?', "South Carolina Debating If It Should be Easier to Expunge a Brush with the Law." "Making a Fresh Start in Little Village." These are only some of the headlines of newspaper articles and television segments that came up in a Google Alert for "expungement" during one typical week in late 2014. The same week, in Cincinnati, Ohio, city council members backed expungement of low-level marijuana convictions. Expungement news that week was not limited to the United States. In Jamaica, the legislature passed a bill that allows expungement …
Slavery By Another Name: 'Voluntary' Immigrant Detainee Labor And The Thirteenth Amendment, Anita Sinha
Slavery By Another Name: 'Voluntary' Immigrant Detainee Labor And The Thirteenth Amendment, Anita Sinha
Scholarly Articles in Law Reviews & Journals
During the McCarthy era, Congress passed an obscure law authorizing detained immigrants to work for a payment of one dollar a day. The government justified the provision, which was modeled after the 1949 Geneva Convention’s protections for prisoners of war, in the context of the period’s relative heightened detentions of noncitizens. Soon afterwards, the enactment of the Immigration and Nationality Act of 1952 diminished the use of detention drastically, and the practice of detainee labor lay dormant for decades. Modern changes to immigration law and its systems have rendered immigration detention today the largest mass incarceration movement in U.S. history. …
Human Rights Hero: The Supreme Court In Griswold V. Connecticut, Stephen Wermiel
Human Rights Hero: The Supreme Court In Griswold V. Connecticut, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost
Scholarly Articles in Law Reviews & Journals
Immigration scholars and advocates frequently criticize our immigration system for imposing severe penalties akin to (or worse than) those in the criminal justice system — such as prolonged detention and permanent exile from the United States — without providing sufficient procedural protections to minimize enforcement errors. Yet there has been relatively little scholarship examining the frequency of errors in immigration enforcement and identifying recurring causes of those errors, in part because the data is hard to find. This Article begins by canvassing some of the publicly available data on enforcement errors, which reveal that such mistakes occur too frequently to …
Our Taz, Ira Robbins, Jenny M. Roberts, Angela J. Davis, Cynthia E. Jones
Our Taz, Ira Robbins, Jenny M. Roberts, Angela J. Davis, Cynthia E. Jones
Scholarly Articles in Law Reviews & Journals
In memory of Professor Andrew Taslitz
Mistaken Eyewitness Identifications In Maryland, David Aaronson, Julia Fox
Mistaken Eyewitness Identifications In Maryland, David Aaronson, Julia Fox
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Women And Children: The Cutting Edge Of International Law, Radhika Coomaraswamy
Women And Children: The Cutting Edge Of International Law, Radhika Coomaraswamy
American University International Law Review
No abstract provided.
Prosecutorial Discretion In The Investigation And Prosecution Of Massive Human Rights Violations: Lessons From The Argentine Experience, Mariano Gaitan
Prosecutorial Discretion In The Investigation And Prosecution Of Massive Human Rights Violations: Lessons From The Argentine Experience, Mariano Gaitan
American University International Law Review
No abstract provided.
Aba Collateral Consequences Summit: A Focused Dialogue For Improvement, Kelly Lyn Mitchell
Aba Collateral Consequences Summit: A Focused Dialogue For Improvement, Kelly Lyn Mitchell
Criminal Law Practitioner
No abstract provided.
Unspringing The Witness Memory And Demeanor Trap: What Every Judge And Juror Needs To Know About Cognitive Psychology And Witness Credibility, Mark W. Bennett
Unspringing The Witness Memory And Demeanor Trap: What Every Judge And Juror Needs To Know About Cognitive Psychology And Witness Credibility, Mark W. Bennett
American University Law Review
The soul of America's civil and criminal justice systems is the ability of jurors and judges to accurately determine the facts of a dispute. This invariably implicates the credibility of witnesses. In making credibility determinations, jurors and judges necessarily decide the accuracy of witnesses' memories and the effect of the witnesses' demeanor on their credibility. Almost all jurisdictions' pattern jury instructions about witness credibility explain nothing about how a witness's memories for events and conversations work-and how startlingly fallible memories actually are. They simply instruct the jurors to consider the witness's "memory" with no additional guidance. Similarly, the same pattern …
Boys, Rape And Masculinity: Reclaiming Boys’ Narratives Of Sexual Violence In Custody, Brenda V. Smith
Boys, Rape And Masculinity: Reclaiming Boys’ Narratives Of Sexual Violence In Custody, Brenda V. Smith
Scholarly Articles in Law Reviews & Journals
This article examines a little studied area at the intersections of masculinity, feminist studies, and criminal justice — sexual abuse of boys in custody by female staff. Professor Smith outlines the scope of the problem and discusses competing narratives that attempt to explain the phenomena: (1) female staff as “mother, sister, friend”; (2) adolescent development theory; (3) complex early childhood trauma; and (4) female authority and power. There is a gap in both masculinity and feminist theory in analyzing sexual aggression and power by women over boys. The talk article concludes with policy and practice prescription and recommendations for further …
D(E)Volving Discretion: Lessons From The Life And Times Of Secure Communities, Juliet P. Stumpf
D(E)Volving Discretion: Lessons From The Life And Times Of Secure Communities, Juliet P. Stumpf
American University Law Review
The devolution of immigration authority to line officers, touted as a strength of the Secure Communities program, planted the seeds of the program's downfall. Rising from the ashes of Secure Communities, the Priority Enforcement Program (PEP) set priorities for removal and also unveiled a potential antidote to the devolution of agency discretion. This Article details the rise of Secure Communities and describes the devolution of discretion that ultimately undermined the program. It then spotlights a little-noticed attribute of the PEP-one that addresses head-on Secure Communities' devolution of enforcement discretion to the lowest level. PEP attempts to recapture ftderal discretion to …
The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher
The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher
American University Law Review
No abstract provided.
Growing Inequality And Children, Naomi Cahn, June Carbone
Growing Inequality And Children, Naomi Cahn, June Carbone
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Gender Respect Education: A Proposal To Combat Commercial Sexual Exploitation, Serena Patel
Gender Respect Education: A Proposal To Combat Commercial Sexual Exploitation, Serena Patel
American University Journal of Gender, Social Policy & the Law
No abstract provided.