Digital Commons Network^™

Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner

Fordham Urban Law Journal

This article addresses civil commitment of sexually predatory offenders. It first outlines the most common American approaches to controlling sexual offenders, then details the German concept of Sicherungsverwahrung and greater state control, and finally proposes adopting a modified German approach that assures proportionality and public safety without sacrificing individual liberties. The article concludes by arguing that criminal penalties and safety-based detention should both be seen as elements of social control, which requires that safety measures with clearly punitive components be recognized as part of the punishment process.

Are Collateral Sanctions Premised On Conduct Or Conviction?: The Case Of Abortion Doctors, Gabriel J. Chin

Fordham Urban Law Journal

Traditionally, collateral sanctions are viewed as civil measures designed to prevent undue risk by proven lawbreakers. If a collateral sanction were a criminal penalty instead, that would trigger constitutional provisions like the Ex Post Facto Clause, which would mean the sanction could not be imposed retroactively. This Article argues that collateral sanctions based on conduct and not conviction indicate a civil regulatory measure, but that when the sanctions only apply in the event of conviction, the sanction looks more like punishment. Conviction is not the only way to show risky conduct, and it is the conduct that civil sanctions should …

A Second Take: Re-Examining Our Regulatory Takings Jurisprudence Post-Tahoe, Robert W. Diubaldo

Fordham Urban Law Journal

This Note discusses the aftermath of the landmark case, Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agencey. This Comment first discusses the background of regulatory takings jurisprudence, from Justice Holmes' landmark Pennsylvania Coal opinion to the present. It further analyzes the recent Tahoe decision, focusing on both the strengths and weaknesses of the decision and its potential impact on the future of takings. Finally, the Comment offers a different analytical framework from which to analyze regulatory takings. Under this theory, courts would abandon the partial/total distinction, and instead focus on the actual loss from the landowner's point of view. …

An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson

Fordham Urban Law Journal

Drug abuse and addiction, and the government's response to these problems, are frequently and appropriately a topic for public debate. Law enforcement has made significant advances in both reducing the number of people using illegal drugs and in the fight against traffickers. Legalization of illegal drugs would not elinate the black market or eliminate drug-related violence. The facts on the issue make a strong case for a national policy geared toward effective drug abuse education and prevention, and treatment for people dependent on illegal drugs. Our nation should also continue to conduct research to determine the most effective means of …

Report Of The Task Force On The Use Of Criminal Sanctions To The King County Bar Association Board Of Trustees

Fordham Urban Law Journal

The King County formed the Task Force on the Use of Criminal Sanctions as part of the King County Bar Association's Drug Policy Project to examine current criminal sanctions related to the non-medical use of drugs both in Washington and on the federal level. The founders charged the Task Force with the goal of assessing the effectiveness of criminal sanctions in reducing both illegal drug use and drug-related crime, and assessing the public costs associated with the use of criminal sanctions. The Task Force drew specific conclusions regarding the state response to drug use and the provision of drug addiction …

Crime, Gun Control, And The Batf: The Political Economy Of Law Enforcement, Jim F. Couch, Wiliam F. Shughart Ii

Fordham Urban Law Journal

The Bureau of Alcohol, Tobacco and Firearms ("BATF"), an agency of the United States Treasury Department, has wide-ranging law enforcement responsibilities, which include the investigation of crimes involving guns, explosives, and illicit drugs. Its execution of these duties has been the subject of considerable controversy. This Study reports evidence that the law enforcement activities of the BAFT are influenced by both public-spirited and bureaucratic motives. The evidence presented in this Study contributes to a rethinking of the public-interest paradigm.

The Failure Of Local And Federal Prosecutors To Curb Police Brutality, Asit S. Panwala

Fordham Urban Law Journal

Although police departments across the country have attempted to ameliorate the hostility between police officers and the cumminity, through careful screening of applicants, minority recruitment, and community policing, police brutality remains a problem within our urban cities. This Essay will first argue that police brutality is largely ignored. Second, it will examine the obstacles facing local and federal prosecutors in obtaining convictions. Then it will compare the advantages and disadvantages of delegating primary responsibility for these cases to the state versus the federal level. Finally, it will argue that, although there are obstacles and advantages for both local and federal …

Drug And Alcohol-Related Workload Of Anchorage Patrol Officers: Results From Two Patrol Officer Surveys, Brad A. Myrstol, Matthew Giblin, N. E. Schafer

Reports

It is widely agreed among criminal justice professionals that alcohol and illegal drugs play a role in patterns of crime, but not much is known about how these substances influence the operation of criminal justice agencies, particularly in the area of policing. This report summarizes the findings of a study of the extent to which drug and alcohol-related incidents formed the workload of Anchorage Police Department patrol officers. The study consisted of two surveys, the first of which asked APD patrol officers to provide their best estimate of the amount of time they spent dealing with alcohol and drug-related activities, …

Cruel But Not Unusual Punishment: The Failure To Provide Adequate Medical Treatment To Female Prisoners In The United States, Kendra Weatherhead

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Ending Marriage As We Know It, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Reflections On The Life And Work Of Justice Byron R. White, Lance Liebman

Faculty Scholarship

I am honored to be at this distinguished law school. Lee Irish and I were law clerks for Justice White the same year, at a time when a Justice only had two law clerks. Those were the days when the people older than us, who had been clerks when there was only one clerk in each office, would say, "You don't have the same experience, because the Justice is dealing with two of you so it is not as intense." Of course, now with as many as four clerks in each office, it is different still.

Lee and I had …

Punishment, Proportionality, And Jurisdictional Transfer Of Adolescent Offenders: A Test Of The Leniency Gap Hypothesis, Aaron Kupchik, Jeffrey A. Fagan, Akiva Liberman

Faculty Scholarship

In the past two decades, nearly every state has expanded its authority and simplified its procedures to transfer adolescent offenders from juvenile to criminal (adult) courts. As a result, the use of jurisdictional transfer has grown steadily. These developments reflect popular and political concerns that punishment in juvenile courts is too lenient for serious crimes committed by adolescents. Yet there is mixed evidence that expanded transfer authority has produced more certain or severe punishments for adolescents prosecuted in criminal courts. Some empirical studies show that adolescents transferred to criminal court are more likely to be convicted, sentenced to prison, and …

Constitutional Remedies For Statutory Violations, David Sloss

Faculty Publications

No abstract provided.

The Courts And The Making Of A Chinese Immigrant Community In Portland, Oregon, 1850-1910, Sarah Marie Griffith

Dissertations and Theses

This thesis studies the development of the Portland, Oregon Chinese immigrant community between 1850 and 1910. Chinese immigrants first arrived in Portland in the mid-1850s and quickly created businesses as well as social institutions they transplanted from China to the U.S. West. They also established intricate relationships among themselves and with members of the surrounding white community. County and state court records held at the Multnomah County Courthouse and National Archives in Seattle, Washington, reveal much about the Chinese immigrant community in Portland and provide a window into a society that left few written records. Through the analysis of hundreds …

Drug Courts And The De Facto Legalization Of Drug Use For Participants In Residential Treatment Facilities, Andrew Armstrong

Journal of Criminal Law and Criminology

No abstract provided.

Shedding Rights, Shredding Rights: A Critical Examination Of Students' Privacy Rights And The "Special Needs" Doctrine After Earls, Meg Penrose

Nevada Law Journal

No abstract provided.

Christine Baker, Personal Represenative Of The Estate Of Gary Baker, For Herslf And The Other Heirs Of Gary Baker V. Gregory P. Stevens, M.D.,; Richard M. Rosenthal, M.D.; And Ihc Health Center--Holiday : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Justin Brent Peterson V. Sheriff Aaron D. Kennard, Chief Paul Cunningham, Salt Lake County Jail, And Taylorsville Justice Court : Unknown, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

Glade Leon Parduhn V. Natalie Buchi Bennett, Allison Buchi, Annabelle Buchi, Lance Buchi, And Jessica Buchi : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

On Appeal from the Third District Court Judges: Bruce C. Lubeck & Anne M. Stirba

The State Of Utah V. Diane Dunn : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a conviction of Driving Under the Influence of Alcohol, a Class B misdemeanor in violation of Utah Code Ann. § 41-6-44 (1941 as amended) as entered by the Honorable William W. Barrett, Third Judicial District Court Judge, Salt Lake County, State of Utah.

Bryan Taylor V. The Public Service Commission Of Utah And Pacificorp : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Petition for Review of Public Service Commission Order Docket No. 03-035-05

International Insolvency And Environmental Obligations: A Preclude To Resolving The Conflicting Policies Of A Clean Slate Versus A Clean Site In Transnational Bankruptcies, David Neiman

Fordham Journal of Corporate & Financial Law

No abstract provided.

Holly Wayment V. Clear Channel Broadcasting, Inc. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE STEPHEN L. HENRIOD, DISTRICT JUDGE

The Boundaries Of Human Rights Jurisdiction In Europe, Dinah Shelton

Duke Journal of Comparative & International Law

No abstract provided.

State Of Utah, Department Of Public Safety V. Utah Career Service Review Board : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal of the Final Decision of the Utah Career Service Review Board, an Administrative Agency of the State of Utah.

A Renewal Of The Sacred Heart University Library: A New Role For The Sacred Heart University Library, Dennis C. Benamati

Librarian Publications

It is a pleasure to present this prospectus for renewal of University’s Library to the students, faculty, administration, alumni and friends of Sacred Heart University. This first part of a two-part plan is intended to provide a statement of how we will proceed toward transforming the Library into a center of learning. But this is only the starting point for a larger and more exciting plan. Part II will outline a new role for the Library—one befitting a 21st century university—that we believe will distinguish Sacred Heart University among its peers. One that, we hope, will contribute to the University’s …

2003-2004 Graduate Catalog, Armstrong Atlantic State University

Armstrong Office of the Registrar: Graduate Catalogs (Archived)

Academic catalog for Armstrong Atlantic State University.

Gender Differences Of College Students And Pathological Gambling, Richard Clyde Vantreece

Theses

Gender differences among college students and pathological gambling have been studied in the past by various researchers. The purpose of this study was to investigate which gender was more likely to be at risk for a pathological gambling disorder. This population is interesting for the purpose of this study because the majority of pathological gamblers report beginning this habit in adolescence. Fifty college students were selected from the Human Subject Research Pool Department. Students completed a demographic sheet and the South Oaks Gambling Screen. T-tests were done to compare the differences among the genders. The results showed no significant difference …

Contextualizing Bias Crimes: A Social & Theoretical Perspective, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.

Sex, Lies, And Polygraph Machines: The Portrait Of Mr. Cassamassima, James M. Shaw

University of Miami Law Review

No abstract provided.