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Articles 211 - 240 of 1378
Full-Text Articles in Entire DC Network
The Commonality Of Causation, Sergio J. Campos
The Commonality Of Causation, Sergio J. Campos
Articles
This essay, a version of which was given as the inaugural Goldman Endowed Lecture at Ohio Northern University School ofLaw, discusses the treatment of causation in class actions, multidistrict litigation, and similar collective litigation. Causation is a ubiquitous element of civil claims, and typically it is treated as an individual element of a claim because it is dependent on the circumstances of each individual claimant. Even if the conduct at issue in litigation is "common, " or the same, for a group of claimants, whether that conduct caused harm to a specific claimant will depend on the unique circumstances of …
The Icc And Beyond: Re-Evaluating The Promise Of International Criminal Justice: Remarks, Charles C. Jalloh
The Icc And Beyond: Re-Evaluating The Promise Of International Criminal Justice: Remarks, Charles C. Jalloh
Articles
No abstract provided.
The Enduring Challenges For Habeas Corpus, Diane Wood
The Federal Judiciary's Role In Drug Law Reform In An Era Of Congressional Dysfunction, Erica Zunkel, Alison Siegler
The Federal Judiciary's Role In Drug Law Reform In An Era Of Congressional Dysfunction, Erica Zunkel, Alison Siegler
Articles
No abstract provided.
Constitutional Rights In The Machine Learning State, Aziz Huq
Constitutional Rights In The Machine Learning State, Aziz Huq
Articles
No abstract provided.
Expungement Reform In Arizona: The Empirical Case For A Clean Slate, Sonja Starr
Expungement Reform In Arizona: The Empirical Case For A Clean Slate, Sonja Starr
Articles
No abstract provided.
Equality's Understudies, Aziz Huq
A Right To A Human Decision, Aziz Huq
Can Sentencing Guidelines Commissions Help States Substantially Reduce Mass Incarceration?, Richard Frase
Can Sentencing Guidelines Commissions Help States Substantially Reduce Mass Incarceration?, Richard Frase
Articles
No abstract provided.
Diploma Privilege And The Constitution, Carol Chomsky
Prison-Release Reform And American Decarceration, Kevin Reitz
Prison-Release Reform And American Decarceration, Kevin Reitz
Articles
No abstract provided.
Proxy Discrimination In The Age Of Artificial Intelligence And Big Data, Daniel Schwarcz, Anya E.R. Prince
Proxy Discrimination In The Age Of Artificial Intelligence And Big Data, Daniel Schwarcz, Anya E.R. Prince
Articles
No abstract provided.
Race, Rights And The Representation Of Children, Barry Feld
Race, Rights And The Representation Of Children, Barry Feld
Articles
No abstract provided.
Separate Judicial Speech, Neha Jain
The Intersectionality Of Age And Gender On The Bench: Are Younger Female Judges Harsher With Serious Crimes?, Francis Shen
The Intersectionality Of Age And Gender On The Bench: Are Younger Female Judges Harsher With Serious Crimes?, Francis Shen
Articles
No abstract provided.
Accuracy Of Verdicts Under Different Jury Sizes And Voting Rules, Alice Guerra, Barbara Luppi, Francesco Parisi
Accuracy Of Verdicts Under Different Jury Sizes And Voting Rules, Alice Guerra, Barbara Luppi, Francesco Parisi
Articles
No abstract provided.
The Court And The Suspect: Human Frailty, The Calculating Criminal, And The Penitent In The Interrogation Room, Scott E. Sundby
The Court And The Suspect: Human Frailty, The Calculating Criminal, And The Penitent In The Interrogation Room, Scott E. Sundby
Articles
No abstract provided.
Pretrial Detention In The Time Of Covid-19, Jenny E. Carroll
Pretrial Detention In The Time Of Covid-19, Jenny E. Carroll
Articles
COVID-19 has shone a light on the preexisting flaws in the criminal justice system. This Essay focuses on one of the challenges the criminal justice system faces in light of COVID-19: that of a pretrial detention system that falls more harshly on poor and minority defendants, swells local jail populations, is fraught with bias, produces unnecessarily high rates of detention, and carries a myriad of downstream consequences, both for the accused and the community at large. Long before the first confirmed case, United States' jails were particularly susceptible to contagions. The COVID-19 crisis exacerbates this problem creating an acute threat …
Coordinating Community Reintegration Services For Deporatable Alien Defendants: A Moral And Financial Imperative, Amy F. Kimpel
Coordinating Community Reintegration Services For Deporatable Alien Defendants: A Moral And Financial Imperative, Amy F. Kimpel
Articles
No abstract provided.
Are Litigation Outcome Disparities Inevitable? Courts, Technology, And The Future Of Impartiality., Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy
Are Litigation Outcome Disparities Inevitable? Courts, Technology, And The Future Of Impartiality., Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy
Articles
This article explores the ability of technology—specifically, online judicial procedures—to eliminate systematic group-level litigation outcome disparities (i.e., disparities correlated with the visible identity markers of litigants). Our judicial system has long operated under the assumption that it can only be “impartial enough.” After all, judges, like all human beings, harbor implicit biases that are often sizable, unconscious, and triggered automatically, and research indicates that strategies to curb implicit biases in human decision making may be ineffective, especially in the face of the resource and caseload constraints of modern-day adjudication. The recent emergence of online court proceedings, however, offers new hope …
Before The Cell Door Shuts: Justice Reform Efforts Should Focus On Steps Besides Sentencing, Barbara L. Mcquade
Before The Cell Door Shuts: Justice Reform Efforts Should Focus On Steps Besides Sentencing, Barbara L. Mcquade
Articles
Mark Osler writes that criminal justice reform efforts have been hampered by what he calls “the slows.” He explains that despite bipartisan support, which resulted in the First Step Act of 2018,2 criminal justice reform remains elusive. He then offers some insightful suggestions for how to increase the pace.
Modelling Interactions Among Offenders: A Latent Space Approach For Interdependent Ego-Networks, Isabella Gollini, Alberto Caimo, Paolo Campana
Modelling Interactions Among Offenders: A Latent Space Approach For Interdependent Ego-Networks, Isabella Gollini, Alberto Caimo, Paolo Campana
Articles
Illegal markets are notoriously difficult to study. Police data offer an increasingly exploited source of evidence. However, their secondary nature poses challenges for researchers. A key issue is that researchers often have to deal with two sets of actors: targeted and non-targeted. This work develops a latent space model for interdependent ego-networks purposely created to deal with the targeted nature of police evidence. By treating targeted offenders as egos and their contacts as alters, the model (a) leverages on the full information available and (b) mirrors the specificity of the data collection strategy. The paper then applies this approach to …
Academic And Practitioner Perspectives On The Ilc Draft Articles On Prevention And Punishment Of Crimes Against Humanity As Adopted On Second Reading, Charles C. Jalloh, Leila N. Sadat
Academic And Practitioner Perspectives On The Ilc Draft Articles On Prevention And Punishment Of Crimes Against Humanity As Adopted On Second Reading, Charles C. Jalloh, Leila N. Sadat
Articles
No abstract provided.
Challenging Racial Injustice In The Criminalization Of Homelessness In The United States: A Human Rights Approach, David Berris, Joseph Candelaria, Tamar Ezer, Lily Frances Fontenot
Challenging Racial Injustice In The Criminalization Of Homelessness In The United States: A Human Rights Approach, David Berris, Joseph Candelaria, Tamar Ezer, Lily Frances Fontenot
Articles
The criminalization of homelessness in the United States perpetuates a cycle of racial injustice and violates fundamental human rights. Longstanding discrimination in housing and law enforcement have resulted in disproportionate homelessness among Black Americans. Thus, laws and policies that criminalize life-sustaining behaviors, such as sleeping, in public further exacerbate racial disparities, punishing people for homelessness rather than addressing root causes. Criminalization results in fines that people cannot pay and criminal records, driving employment and housing out of reach and circulating individuals from the street to the criminal justice system and back. The criminalization of homelessness also directly violates international human …
Law Review And Finding A Place In The Academy Essay, Jenny E. Carroll
Law Review And Finding A Place In The Academy Essay, Jenny E. Carroll
Articles
No abstract provided.
International Law And Theories Of Global Justice: Remarks, Steven R. Ratner, James Stewart, Jiewuh Song, Carmen Pavel
International Law And Theories Of Global Justice: Remarks, Steven R. Ratner, James Stewart, Jiewuh Song, Carmen Pavel
Articles
International law (IL) and political philosophy represent two rich disciplines for exploring issues of global justice. At their core, each seeks to build a better world based on some universally agreed norms, rules, and practices, backed by effective institutions. International lawyers, even the most positivist of them, have some underlying assumptions about a just world order that predisposes their interpretive methods; legal scholars have incorporated concepts of justice in their work even as their overall pragmatic orientation has limited the nature of their inquiries. Many philospophers, for their part, have engaged with IL to some extent—at a minimum recognizing that …
What Litigators Can Learn From B Movies, Leonard M. Niehoff
What Litigators Can Learn From B Movies, Leonard M. Niehoff
Articles
We litigators take our guidance when and where we can find it. Sometimes we stumble across it very late at night, on television. Weary, intellectually spent, and pining for entertainment that makes no demands on us, in "the wee small hours of the morning" we find ourselves watching a so-called B movie - a film that had a low production budget or that manages to be bad despite an ample one. And, lo, enlightenment ensues through this unlikeliest of messengers. Submitted for your consideration are some gems from half a dozen movies that most sensible people won't admit watching but …
Justice System Reform And Internationalization, Daniel H. Foote
Justice System Reform And Internationalization, Daniel H. Foote
Articles
As discussant. normally my role would be to offer trenchant and perceptive critiques of each of the three main reports. those by Professors Takamizawa. Matsuo. and SuamL Those reports are broad in scope, both geographical and historical; each report is outstanding: and each provides much food for thought. Yet even if time and space permitted, I myself lack sufficient knowledge regarding China. Southeast Asia and Europe to provide a thorough critique. Instead. in this essay I will shift the focus back to Japan and examine various respects in which the justice system reforms have sought to promote internationalization.
Adultery, Infidelity, And Consensual Non-Monogamy, Edward D. Stein
Adultery, Infidelity, And Consensual Non-Monogamy, Edward D. Stein
Articles
Thirty-eight states have laws in place that relate to adultery. Though criminal laws against adultery are not frequently enforced, the network of criminal laws, tort laws, and domestic relations laws related to adultery disincentivize extra-marital sex, an effect heightened by the stigma and other social attitudes associated with adultery. This Essay argues that the socio-legal state of affairs concerning adultery is bad for marriages (and similar relationships), bad for public health, and is simply bad public policy. This is in part because the law treats infidelity-having sex with someone other than your primary partner without his or her consent or …
After Ice: A New Humane & Effective Immigration Enforcement Paradigm, Peter L. Markowitz
After Ice: A New Humane & Effective Immigration Enforcement Paradigm, Peter L. Markowitz
Articles
In recent years, as the U.S. Immigration and Customs Enforcement Agency's ("ICE') brutal tactics have devasted communities across the nation, a growing chorus of activists and policymakers have begun calling for the agency to be abolished. Abolish ICE advocates have made a compelling case for the irredeemable deficiencies of ICE; they have exposed the core injustices that lay at the heart of our current enforcement scheme, and they have proposed specific and thoughtful changes that are both defensible and achievable. However, these changes tend to focus on a negative vision of what we need to eliminate in our current enforcement …