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Turning Jails Into Prisons—Collateral Damage From Kentucky's War On Crime, Robert G. Lawson

Law Faculty Scholarly Articles

The primary purpose of this article is to scrutinize Kentucky's ever-increasing reliance on local jails for the incarceration of state prisoners. This objective cannot be achieved without an examination of the problems that compel counties and cities to allow (and even encourage) the state to capture their jails for this use. The first half of the article (Parts I-IV) provides general information about jails (including some pertinent history), contains a detailed description of jail functions (including some that have descended upon jails by default), and concludes with a discussion of what the state has done over two decades to convert …

The Forum Game, Debra Lyn Bassett

North Carolina Law Review

No abstract provided.

Identity Theft, Its Environmental And Proposals For Change, Gary M. Victor

Loyola Consumer Law Review

No abstract provided.

Grand Valley Magazine, Vol. 5, No. 2 Winter 2006, Grand Valley State University

Grand Valley Magazine

Grand Valley Magazine is a quarterly publication about Grand Valley State University produced by University Communications since 2001.

Fighting Terrorism And Preserving Civil Liberties, James B. Comey

University of Richmond Law Review

No abstract provided.

Judging, Politics, And Accountability: A Reply To Charles Geyh, Susan Bandes

Case Western Reserve Law Review

No abstract provided.

Tipping The Scales: Seeking Death Through Comparative Value Argumentst, Erin Mccampbell

Washington and Lee Law Review

No abstract provided.

Constitutional Cash: Are Banks Guilty Of Racial Profiling In Implementing The United States Patriot Act?, Cheryl R. Lee

Michigan Journal of Race and Law

This Article begins by comparing the concerns of American racial profiling to current terrorism concerns. Part II is an overview of the Bank Secrecy Act and its role in privacy issues concerning bank customers (as the predecessor to the USA Patriot Act). Here, the value of traditional reporting devices, specifically CTRs and SARs used by banks to alert law enforcement to possible terrorist activities, are discussed and evaluated. The facts suggest these reports have been ineffective in identifying terrorists, and have not only greatly infringed upon First Amendment privacy rights, but also diminished the Fourth Amendment protection against warrant-less searches …

Dislocated And Deprived: A Normative Evaluation Of Southeast Asian Criminal Responsibility And The Implications Of Societal Fault, Jason H. Lee

Michigan Journal of Race and Law

This Note argues that certain Southeast Asian defendants should be able to use their families' refugee experience as well as their own economic and social marginalization in the U.S. as a partial excuse for their criminal acts. This argument draws its strength from both the socioeconomic deprivation of much of the Southeast Asian community and the linking of this reality to a careful analysis of the moral foundations of the criminal law. In essence, the American criminal justice system, which draws much of its moral force to punish from the theory of retributivism, cannot morally justify the full punishment of …

The Usa Patriot Act: A Policy Of Alienation, Kam C. Wong

Michigan Journal of Race and Law

This Article provides a brief overview of how Muslims were treated after 9/11. It documents how the USAPA and related measures have been used to monitor, investigate, detain, and deport Muslim U.S. citizens in violation of their civil rights. Of particular importance, is how the life circumstances of the Muslims in America have changed for the worse as a result of zealous enforcement and discriminatory application of the USAPA. In so doing, this Article seeks to provide concrete facts and a rich context to ascertain the implications of 9/11 on American society.

On Justitia, Race, Gender, And Blindness, I. Bennett Capers

Michigan Journal of Race and Law

This Essay focuses on Justitia's more problematic attributes. Like Justitia's blindfold, which has been described as "the most enigmatic" of her traits. Is the blindfold merely emblematic of Justitia's purported impartiality, her claim to algorithmic justice? As law professor Costas Douzinas and art historian Lynda Nead have asked, does the blindfold enable Justitia "to avoid the temptation to see the face that comes to the law and put the unique characteristics of the concrete person before the abstract logic of the institution"? Or does the blindfold signify something more, a second sight of sorts? Maybe that Justitia, unable to see, …

Utb/Tsc Commencement – Winter 2006, University Of Texas At Brownsville, Texas Southmost College

Brownsville Archives - Legacy Commencement Programs

No abstract provided.

Judicial Education In Indiana: An Overview And A Proposal For Change, Earl G. Penrod

Valparaiso University Law Review

No abstract provided.

The Future: Transitioning From Training Lawyers To Improving Their Performance, Donald S. Murphy, Thomas Schwen

Valparaiso University Law Review

No abstract provided.

Miranda Project Introduction, Bruce Berner

Valparaiso University Law Review

No abstract provided.

It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus

Valparaiso University Law Review

No abstract provided.

Evading Miranda: How Seibert And Patane Failed To "Save" Miranda, Sandra Guerra Thompson

Valparaiso University Law Review

No abstract provided.

A History Of Miranda And Why It Remains Vital Today, Roscoe C. Howard Jr., Lisa A. Rich

Valparaiso University Law Review

No abstract provided.

Rules Were Not Meant To Be Broken: Alleviating The Tension Between Privacy And Discovery In Medical Record Disputes, Anna C. Schumaker

Valparaiso University Law Review

No abstract provided.

Manson V. Brathwaite Revisited: Towards A New Rule Of Decision For Due Process Challenges To Eyewitness Identification Procedures, Timothy P. O'Toole, Giovanna Shay

Valparaiso University Law Review

No abstract provided.

Rethinking Police Interrogation: Encouraging Reliable Confessions While Respecting Suspects' Dignity, Eugene R. Milhizer

Valparaiso University Law Review

No abstract provided.

The Case Of The Missing Holding: The Misreading Of Zafiro V. United States, The Misreplication Of Precedent, And The Misfiring Of Judicial Process In Federal Jurisprudence On The Doctrine Of Mutually Exclusive Defenses, Scott Hamilton Dewey

Valparaiso University Law Review

No abstract provided.

A More Perfect Nation: Ending Racial Profiling, Russell L. Jones

Valparaiso University Law Review

No abstract provided.

Sexual Abuse Prevention Programs In Illinois Schools, Mary Ann Seaton

Masters Theses

The purpose of this study was to complete an in depth exploration of programs designed to teach children the skills necessary to keep them safe from sexual abuse. Educational programs have been utilized to aid in the prevention and acknowledgement of childhood sexual abuse for many years. While sexual abuse programs for children are used across the United States, little contemporary research exists related to the use of these programs.

Child sexual abuse prevention programs in central Illinois schools are provided through the public schools by various non-profit community organizations. The sample of this study consisted of five organizations, each …

Judicial Discipline In Florida: The Cost Of Misconduct, James R. Wolf

Nova Law Review

No abstract provided.

Convicting The Innocent: Aberration Or Systemic Problem?, Rodney J. Uphoff

Faculty Publications

In practice, the right to adequate defense counsel in the United States is disturbingly unequal. Only some American criminal defendants actually receive the effective assistance of counsel. Although some indigent defendants are afforded zealous, effective representation, many indigent defendants and almost all of the working poor are not. The quality of representation a defendant receives generally is a product of fortuity, of economic status, and of the jurisdiction in which he or she is charged. For many defendants, the assistance of counsel means little more than counsel's help in facilitating a guilty plea. With luck, money, and location primarily determining …

The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang

Michigan Journal of International Law

By situating the U.S. rise to dominance in historical and political context, this Article underscores the significance of U.S. unilateralism for international anti-trafficking law and policy.

Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie Failinger

Faculty Scholarship

The steep rise in female offenders since the 1960s has finally caused criminologists, lawyers, judges, and others to consider why they have not learned more about women offenders’ lives, in order to better understand and explain why they enter, and how they proceed through the criminal system. This article focuses on the reality that women’s relationality, and particularly their relationships with men in their lives, profoundly affect the behavior that lands them in the criminal justice system. This article argues that restorative justice, which is essentially grounded on an ethical understanding of crime and treats the offender as an interacting …

Instituting Innocence Reform: Wisconsin's New Governance Experiment, Kate Kruse

Faculty Scholarship

The DNA exoneration cases of the past two decades have provided a window into what hasn't been working in the criminal justice system and an agenda for criminal justice reform. The challenge currently facing the innocence reform community is to translate this agenda into concrete reforms that institute and sustain best practices for the investigation and prosecution of crimes, while allowing flexibility for the understanding of best practices to continue to evolve. In 2005, Wisconsin underwent a breathtaking course of legal reform in two of the problem areas that have plagued wrongful convictions: mistaken eyewitness identification and false confession. The …

Rebus Sic Stantibus: Notification Of Consular Rights After Medellin, Aaron A. Ostrovsky, Brandon E. Reavis

Michigan Journal of International Law

This Comment examines, through principles of public international law and U.S. jurisprudence, the relationship between U.S. courts and the ICJ to determine if the former are indeed bound by the latter's decisions, proprio motu, or if instead some Executive action is required to make the decisions binding on the judiciary. Part of this examination will entail a discussion of the potential for dialogue between the ICJ and U.S. courts to "pierce the veil of sovereignty" that traditionally conceals the inner workings of sovereign states from the scrutiny of international tribunals. Based on this assessment, the Comment then addresses how …