Digital Commons Network^™

Reflections On The Essential Role Of Legal Scholarship In Advancing Causes Of Citizen Groups, Nadine Strossen

NYLS Law Review

No abstract provided.

Social Citizen As “Guest Worker”: A Comment On Identities Of Immigrants And The Working Poor, Frank W. Munger

NYLS Law Review

No abstract provided.

Separate But Equal Education In The Context Of Gender, Isabelle Katz Pinzler

NYLS Law Review

No abstract provided.

Public Availability Or Practical Obscurity: The Debate Over Public Access To Court Records On The Internet, Arminda Bradford Bepko

NYLS Law Review

No abstract provided.

Judicial Notice: How Judicial Bias Impacts The Unequal Application Of Equal Protection Principles In Affirmative Action Cases, Victor Suthammanont

NYLS Law Review

No abstract provided.

State Sentencing Policy And New Prison Admissions, Ben Trachtenberg

University of Michigan Journal of Law Reform

As the academy's focus has turned to sentencing in the wake of Blakely v. Washington and United States v. Booker, most commentators have continued their benign neglect of actual sentencing practices as they occur in state courts, not to mention whether and how such policies are effective in achieving the goals of criminal justice.

This Note examines trends in state sentencing policies and prison populations from the perspective of a would-be state reformer hoping to decrease her state's prison budget. Economic pressures, efficiency arguments, and social justice claims have combined to cause some states to desire lower prison populations, …

The Constitutionally Inspired Approaches To Police Accountability For Violence Against Women In The U.S. And South Africa: Conservation Versus Transformation, Christopher J. Roederer

School of Law Faculty Publications

In this last term, the highest courts in the U.S. and South Africa, respectively, the United States Supreme Court in Town of Castle Rock, Colorado v. Gonzales and the South African Constitutional Court in N.K. v. Minister of Safety and Security, overturned decisions from their appellate courts, the Tenth Circuit and the Supreme Court of Appeals. … This article is not primarily concerned with a comparison of the doctrinal nuances of these three cases, or of the respective constitutional mechanisms that aided the courts in coming to their decisions. This article examines the comparison, or rather, the sharp contrast between …

Enforcing The Fair Housing Act: Can Agency Interpretations Override Congressional Intent In Anti-Discrimination Legislation?, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

On October 12, 2005, the Southern District of New York ruled that the New York State Attorney General was enjoined from enforcing state laws prohibiting discriminatory lending against national banks.1 The court found in favor of the Office of the Comptroller of the Currency (OCC), the federal regulator of national banks. The OCC claimed that while state fair lending laws had not been preempted, the New York State Attorney General’s (OAG) authority to enforce those laws had been preempted by a series of federal statutes and OCC-written regulations that give the OCC exclusive authority to bring any enforcement action against …

Envisioning Second-Order Change In America's Responses To Troubled And Troublesome Youth, Lois A. Weithorn

Hofstra Law Review

Every year hundreds of thousands of troubled and troublesome children experience out-of-home placements under the auspices of the mental health, juvenile justice, and child welfare systems. The annual rates of such placements were higher at the end of the twentieth century thanat any time since comprehensive data were first available in the 1920s. Decades of legislative reform have failed to achieve overall reductions in use of institutions and other out-of-home placements for troubled and troublesome youth. What has changed, however, is the way in which these failures manifest. In recent years, for example, thousands of parents have relinquished custody of …

Responsibility And Control, Michael Louis Corrado

Hofstra Law Review

No abstract provided.

Re-Membering Law In The Internationalizing World, Vivian Grosswald Curran

Hofstra Law Review

This article examines some of the challenges to understanding new, non-national legal configurations as contexts of origin color understandings and evaluations of legal standards allegedly shared across legal communities. It examines a case on assisted suicide, Pretty v. U.K., decided by the European Court of Human Rights. The case illustrates mechanisms of legal integration in the European court, followed by a process of dis-integration that occurred when the decision was reported to the French legal community. The French rendition reflected a legal community's inability to process common law information through civil law cognitive grids. The article addresses both the capacity …

The Dignity And Humanity Of Bruce Springsteen's Criminals, Abbe Smith

Georgetown Law Faculty Publications and Other Works

In this essay, I discuss Springsteen's criminals by focusing on two albums, Nebraska and The Ghost of Tom Joad, and Springsteen's title song to the movie soundtrack Dead Man Walking. These are classic albums about criminals and prisoners, and "Dead Man Walkin’" may be one of the best songs ever written about being on death row. Before getting into the music, I first note the historical context - Springsteen's career has taken place during a particularly hostile time for lawbreakers - and offer a brief biographical sketch of Springsteen.

The Confidentiality And Privacy Implications Of Functional Magnetic Resonance Imaging, Stacey A. Tovino

Faculty Articles

No abstract provided.

Social Disorganization And The Ability And Willingness To Enact Control: A Preliminary Test, Ruth A. Triplett, Ivan Y. Sun, Randy R. Gainey

Sociology & Criminal Justice Faculty Publications

Dominant models in the social disorganization literature differentially focus on the ability of neighborhoods to enact social control and the willingness to do so. Despite the interest in both concepts, often no clear definition of either is provided, and there is little discussion of their relationship or how they interact to affect neighborhood crime rates. This paper begins to explore the relationship between ability and willingness to enact social control. The findings suggest that, for formal control, ability and willingness are closely related. Furthermore, at the aggregate level, concentrated disadvantage combined with perceived inability has a strong impact on neighborhood …

Child Abuse And Crime: Testing In The "Cycle Of Violence" Theory, Melanie A. Cox

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study of Child Abuse and Neglect: Testing in the "Cycle of Violence" Theory, is a demonstration of Applied Social Research in partial fulfillment of a master's degree in Sociology. It examines the Cycle of Violence theory by looking at two groups of children: an abuse/neglect group and a control group. It tests the likelihood of the abuse/neglect group to commit a crime in adulthood i.e., property crime, person crime, or public morality; while controlling for race, sex and type of abuse. Also, the odds of gender and race of the children in the abuse/neglect group, becoming a criminal offender …

In The Light Of Reason And Experience: Should Federal Evidence Law Protect Confidential Communications Between Same-Sex Partners?, Elizabeth Kimberly (Kyhm) Penfil

Marquette Law Review

No abstract provided.

Inadequate And Inappropriate Mental Health Treatment And Minority Overrepresentation In The Juvenile Justice System, Kasey Corbit

UC Law Journal of Race and Economic Justice

Not only are minority youth at greater risk for mental illness, they are more likely to be funneled into the juvenile justice system because of untreated symptoms of mental illness. This is because minority youth are less likely to be insured at the same rates as their white peers and more likely to be perceived as aggressive or dangerous when exhibiting symptoms of a mental health problem. California voters may have created a possible solution to this situation by approving Proposition 63, now known as the "Mental Health Services Act," which requires California counties to create innovative solutions to addressing …

Finality Of Conviction, The Right To Appeal, And Deportation Under Montenegro V. Ashcroft: The Case Of The Dog That Did Not Bark, Ashwin Gokhale

University of San Francisco Law Review

No abstract provided.

Human Rights Implications Of National Security Laws In India: Combating Terrorism While Perserving Civil Liberties, C. Raj Kumar

Denver Journal of International Law & Policy

No abstract provided.

Introduction To The Restorative Justice Symposium, Andrea Kupfer Schneider

Marquette Law Review

No abstract provided.

Co-Teaching International Criminal Law: New Strategies To Meet The Challenges Of A New Course, Stacy Caplow, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Preventive Use Of Force: The Case Of Iraq, Feisal Amin Istrabadi, Henry Bienen, Jan Wouters, David Hannay

Articles by Maurer Faculty

No abstract provided.

Preferring White Lives: The Racial Administration Of The Death Penalty In Maryland, Michael Millemann, Gary W. Christopher

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Revisiting Robinson: The Eighth Amendment As Constitutional Support For Theories Of Criminal Responsibility, Jeffrey A. Rowe

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Latino Educational Neglect: The Result Bespeaks Discrimination, Lupe S. Salinas

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

In (Slightly Uncomfortable) Defense Of ‘Triage’ By Public Defenders, John B. Mitchell

Faculty Articles

This article argues that triaging is necessary for public defenders and is a response to the work of Professor Freedman. Because states lack money in areas of greater community concern, the defense of indigent criminals is neglected and substantial resources are not likely to be forthcoming. The author previously set out a solution of triaging, which can be conducted either haphazardly or according to some set of rational principles based on ethical theory. The author concurs with Professor Freedman to the extent that the United States Supreme Court in Strickland v. Washington effectively ensures that Sixth Amendment Constitutional guarantees will …

Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I, Rachel Vorspan

Vanderbilt Journal of Transnational Law

In this-Article Professor Vorspan examines the role of the English courts during World War I, particularly the judicial response to executive infringements on individual liberty. Focusing on detention, deportation, conscription, and confiscation of property, the Author revises the conventional depiction of the English judiciary during World War I as passive and peripheral. She argues that in four ways the judges were activist and energetic, both in advancing the government's war effort and in promoting their own policies and powers. First, they were judicial warriors, developing innovative legal strategies to legitimize detention and other governmental restrictions on personal freedom. Second, they …

Implementing The U.N. Convention On The Rights Of The Child, Lauren M. Spitz

Vanderbilt Journal of Transnational Law

The United Nations Convention on the Rights of the Child, adopted by the General Assembly on November 20, 1989, articulates a comprehensive scheme of rights specifically tailored to children. International recognition of children's rights is only the first step, however. The effectiveness of the Convention on the Rights of the Child depends on the signatories' efforts to comply with its provisions and to incorporate children's rights into existing schemes of established rights. The 1996 Constitution of the Republic of South Africa includes specific rights for children resembling those articulated in the Convention on the Rights of the Child. Although South …

The Council Of Europe's Monitoring Mechanisms And Their Relation To Eastern European Member States' Noncompliance, Vessela V. Stoyanova

Santa Clara Law Review

No abstract provided.

Survey Of Physical Agility Testing And Officer Fitness Levels In Kentucky Police Departments, Charles Nathan Brown

MPA/MPP/MPFM Capstone Projects

Statement of Problem

HB 455 brought about the 1998 Omnibus Crime Act which created the Police Officer Professional Standards;16 requirements to becoming a peace officer in Kentucky. Five of the standards defined minimum physical agility standards. Though physical agility testing has had a history of controversy, validation studies have been created to support this practice. Though officers are testing for a level of physical agility upon entering the police officer field in Kentucky, no statewide policy has been passed to ensure that this level be maintained. This study examines the presence of physical agility testing in Kentucky police departments and …