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Articles 301 - 330 of 1378
Full-Text Articles in Entire DC Network
Apparent Fault, Aziz Huq, Genevieve Lakier
Legal Or Political Checks On Apex Criminality: An Essay On Constitutional Design, Aziz Huq
Legal Or Political Checks On Apex Criminality: An Essay On Constitutional Design, Aziz Huq
Articles
No abstract provided.
Police Violence In The Wire, Jonathan Masur, Richard H. Mcadams
Police Violence In The Wire, Jonathan Masur, Richard H. Mcadams
Articles
No abstract provided.
What Is Discriminatory Intent?, Aziz Huq
A Consumer’S Guide To Sentencing Reform: Reflections On Zimring’S Cautionary Tale, Richard Frase
A Consumer’S Guide To Sentencing Reform: Reflections On Zimring’S Cautionary Tale, Richard Frase
Articles
No abstract provided.
Judicial Elections In The 2010s, Herbert M. Kritzer
Managing Terrorism, Fionnuala Ní Aoláin, Colm Campbell
Prior Record Enhancements At Sentencing: Unsettled Justifications And Unsettling Consequences, Richard Frase, Kelly Lyn Mitchell, Rhys Hester Hester, Julian V. Roberts
Prior Record Enhancements At Sentencing: Unsettled Justifications And Unsettling Consequences, Richard Frase, Kelly Lyn Mitchell, Rhys Hester Hester, Julian V. Roberts
Articles
No abstract provided.
Punishing Kids In Juvenile And Criminal Court, Barry Feld
Punishing Kids In Juvenile And Criminal Court, Barry Feld
Articles
No abstract provided.
Punishment And Human Dignity: Sentencing Principles For Twenty-First-Century America, Michael Tonry
Punishment And Human Dignity: Sentencing Principles For Twenty-First-Century America, Michael Tonry
Articles
No abstract provided.
Understanding “Sanctuary Cities”, Linus Chan, Juliet P. Stumpf, Christopher N. Lasch, Ingrid V. Eagly
Understanding “Sanctuary Cities”, Linus Chan, Juliet P. Stumpf, Christopher N. Lasch, Ingrid V. Eagly
Articles
No abstract provided.
Modularity In Cross-Border Insolvency, Andrew B. Dawson
Modularity In Cross-Border Insolvency, Andrew B. Dawson
Articles
No abstract provided.
When Impunity And Corruption Embrace: How The Past Becomes The Future In The Struggle Against Torture And Genocide, Elizabeth M. Iglesias
When Impunity And Corruption Embrace: How The Past Becomes The Future In The Struggle Against Torture And Genocide, Elizabeth M. Iglesias
Articles
In this article, Professor Elizabeth Iglesias takes up the challenge of overcoming impunity for atrocity crimes as a problem of structural corruption. Beginning with the 2013 trial and conviction of Guatemalan leader Efrain Rios Montt for crimes against humanity and genocide in the courts of his own country, the article turns to the scandal surrounding United States' President Donald Trump's repeated threats to fire the special counsel investigating allegations that he and his campaign colluded with foreign nationals to steal the 2016 presidential election and the scandal surrounding the nomination and confirmation of Gina Haspel as the first woman to …
The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack
The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack
Articles
No abstract provided.
Jail As Injunction, Russell M. Gold
A Proposal For The International Law Commission To Study Universal Criminal Jurisdiction, Charles C. Jalloh
A Proposal For The International Law Commission To Study Universal Criminal Jurisdiction, Charles C. Jalloh
Articles
The principle of universal jurisdiction is a unique ground of jurisdiction in international law that may permit a State to exercise national jurisdiction over certain crimes in the interest of the international community. This means that a State may exercise jurisdiction regarding a crime committed by a foreign national against another foreign national outside its territory. Such jurisdiction differs markedly from the traditional bases of jurisdiction under international law, which typically require some type of territorial, nationality or other connection between the State exercising the jurisdiction and the conduct at issue. Due to the definitional and other ambiguities surrounding the …
The Culture Of Misdemeanor Courts, Jessica A. Roth
The Culture Of Misdemeanor Courts, Jessica A. Roth
Articles
The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can …
Solitary Troubles, Alexander A. Reinert
Solitary Troubles, Alexander A. Reinert
Articles
Solitary confinement is one of the most severe forms of punishment that can be inflicted on human beings. In recent years, the use of extreme isolation in our prisons and jails has been questioned by correctional officials, medical experts, and reform advocates alike. Yet for nearly the entirety of American history, judicial regulation of the practice has been extremely limited. This Article explains why judges hesitate to question the use of solitary confinement, while also providing a path forward for greater scrutiny of the practice.
Libertarian Gun Control, Fredrick E. Vars, Ian Ayres
Encore Professor: Crafting A New Story For Life After The Legal Academy Aals Contributions, Steven H. Hobbs
Encore Professor: Crafting A New Story For Life After The Legal Academy Aals Contributions, Steven H. Hobbs
Articles
No abstract provided.
Criminalizing Battered Mothers, Courtney K. Cross
Criminalizing Battered Mothers, Courtney K. Cross
Articles
How a domestic violence survivor responds to the abuse she is experiencing depends on many factors. Some critical considerations include her access to resources, desire to stay in her relationship, and assessment of her own safety. Criminal and civil court systems place enormous pressure on survivors to separate from their abusive partners. Not only are survivors with children pressured to leave, they are punished when they stay. That punishment can come in any combination of diminished custody rights, limited parental rights, and incarceration. Yet a survivor who flees with her children is not immune to these same consequences: if she …
Gorsuch V. The Administrative State Life After Scalia: Justice Gorsuch And Modern Textualism On The Supreme Court, Heather Elliott
Gorsuch V. The Administrative State Life After Scalia: Justice Gorsuch And Modern Textualism On The Supreme Court, Heather Elliott
Articles
No abstract provided.
Graffiti, Speech, And Crime, Jenny E. Carroll
Graffiti, Speech, And Crime, Jenny E. Carroll
Articles
Graffiti resides at the uncomfortable intersection of criminal law and free speech rhetoric It is not the shout of revolution to the gathered protesting masses or the political pamphlet flung from a 1920s window Graffiti is not the obscenerenderedpoliticaljacketed protest of war or a flag set aflame in the name of reclaiming patriotism It is an illicit scrawl It is damage and defiance rolled into one from the moment of its creation Graffiti is a crimebrbrUnlike more celebrated examples of free speech graffiti earns no safe harbor from the First Amendment When asked to choose between the tag that appears …
The Infinite Power Of Grammar, Patrick Barry
The Infinite Power Of Grammar, Patrick Barry
Articles
Good lawyers know that effective advocacy requires more than just choosing the right words; it also requires choosing the right word order. The formal term for this choice is “syntax.” But perhaps a better description comes from a 1976 essay by Joan Didion called “Why I Write.”
In it, Didion draws a helpful parallel between the arrangement of a photograph and the arrangement of a sentence. “To shift the structure of a sentence,” she notes, “alters the meaning of that sentence, as definitely and inflexibly as the position of the camera alters the meaning of the object photographed.” Didion refers …
Violent Videos: Criminal Defense In A Digital Age, Amy F. Kimpel
Violent Videos: Criminal Defense In A Digital Age, Amy F. Kimpel
Articles
No abstract provided.
“High” Standards: How The Tide Of Marijuana Legalization Sweeping The Country Ignores The Hidden Risks Of Edibles, Steve Calandrillo, Katelyn Fulton
“High” Standards: How The Tide Of Marijuana Legalization Sweeping The Country Ignores The Hidden Risks Of Edibles, Steve Calandrillo, Katelyn Fulton
Articles
As a tide of marijuana legalization sweeps across the United States, there is a surprising lack of scrutiny as to whether the benefits of recreational marijuana outweigh the risks. Notably, marijuana edibles present special risks to the population that are not present in smoked marijuana. States that have legalized recreational marijuana are seeing an increase in edible-related calls to poison control centers and visits to emergency rooms. These negative reactions are especially prevalent in vulnerable populations such as children, persons with underlying preexisting conditions, and out-of-state marijuana novices. Unfortunately, research on edible marijuana is scant and state regulatory regimes are …
Democratizing Proof: Pooling Public And Police Body-Camera Videos, Mary D. Fan
Democratizing Proof: Pooling Public And Police Body-Camera Videos, Mary D. Fan
Articles
There are two cultural revolutions in recording the police. From the vantage of police departments, there is the rapidly spreading uptake of police-worn body cameras. On the public side, community members are increasingly using their cell phone cameras to record the police. Together, these dual recording revolutions are generating important new questions and possibilities regarding the balance of power in producing proof and illuminating contested encounters. This Essay is about how pooling police body camera and public videos can address three emerging challenges in the police recording revolution. The first challenge is the controversy over failures to record contested encounters …
The Necessity Of The Good Person Prosecutor, Jessica A. Roth
The Necessity Of The Good Person Prosecutor, Jessica A. Roth
Articles
In a 2001 essay, Professor Abbe Smith asked the question whether a good person—i.e., a person who is committed to social justice—can be a good prosecutor. Although she acknowledged some hope that the answer to her question could be “yes,” Professor Smith concluded that the answer then was “no”—in part because she saw individual prosecutors generally as having very little discretion to “temper the harsh reality of the criminal justice system.” In this Online Symposium revisiting Professor Smith’s question seventeen years later, my answer to her question is “yes”—a good person can be a good prosecutor.
The “New” District Court Activism In Criminal Justice Reform, Jessica A. Roth
The “New” District Court Activism In Criminal Justice Reform, Jessica A. Roth
Articles
Historically, the debate over the judicial role has centered on the constitutional and administrative law decisions of the United States Supreme Court, with an occasional glance at the Federal Courts of Appeals. It has, moreover, been concerned solely with the “in-court” behavior of Article III appellate judges as they carry out their power and duty “to say what the law is” in the context of resolving “cases and controversies.” This Article seeks to deepen the discussion of the appropriate role of Article III judges by broadening it to trial, as well as appellate, judges; and by distinguishing between an Article …
Fundamental Rights, Federal States, And Sovereignty: Some Random Remarks, Donald H. Regan
Fundamental Rights, Federal States, And Sovereignty: Some Random Remarks, Donald H. Regan
Articles
I am not an EU lawyer. The days are long gone when I could know a substantial fraction of EU law just by knowing about the free movement of goods. I get a fleeting glimpse of where the EU is going every year at the Jean Monnet Seminar in Dubrovnik, but no more than a glimpse. Still, when the editors invited me to write this Editorial Note, I could not refuse. Looking for inspiration, I read or reread all the previous twelve Notes. This was an enjoyable and informative exercise in itself, but only a few of the essays suggested …