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Articles 2491 - 2520 of 2826
Full-Text Articles in Entire DC Network
On Thin Ice: Cracking Down On The Racial Profiling Of Immigrants And Implementing A Compassionate Enforcement Policy, Abby Sullivan
On Thin Ice: Cracking Down On The Racial Profiling Of Immigrants And Implementing A Compassionate Enforcement Policy, Abby Sullivan
UC Law Journal of Race and Economic Justice
This note explores racial profiling in the enforcement of federal immigration law. In consistently deferring to the judgment of immigration officers, the United States Supreme Court has vested Immigration and Customs Enforcement with broad and sweeping discretion to adopt racist law enforcement practices that would be impermissible outside of the immigration context. In doing so, the Court has taken the erroneous position that immigration proceedings are purely civil and therefore do not require the procedural protections that collectively form the pillar of the criminal justice system. A myriad of studies demonstrate that immigrants are significantly less likely than their American-born …
Sentencing Our Children To Die In Prison: Global Law And Practice, Connie De La Vega, Michelle Leighton
Sentencing Our Children To Die In Prison: Global Law And Practice, Connie De La Vega, Michelle Leighton
University of San Francisco Law Review
This Article focuses on the sentencing of child offenders to a term of life imprisonment without the possibility of release or parole ("LWOP"). These are children convicted of crimes when younger than eighteen years of age, as defined by the international standards contained in the U.N. Convention on the Rights of the Child.
Understanding California Sentencing, Kara Dansky
Understanding California Sentencing, Kara Dansky
University of San Francisco Law Review
This article describes some constitutional foundations, California's punishment history and themes, and efforts to alleviate prison overcrowding.
Revisiting The Application Of The Exclusionary Rule To The Good Faith Exceptions In Light Of Hudson V.Michigan, Shenequa L. Grey
Revisiting The Application Of The Exclusionary Rule To The Good Faith Exceptions In Light Of Hudson V.Michigan, Shenequa L. Grey
University of San Francisco Law Review
This Article examines other instances where the Supreme Court has historically held evidence inadmissible to determine whether such evidence should now be admissible in light of the Hudson v. Michigan analysis.
Counting Casualties In The War On Prisoners, Craig Haney
Counting Casualties In The War On Prisoners, Craig Haney
University of San Francisco Law Review
This article decribes prision overcrowding and "The War on Prisoners" - how the nation's criminal justice system was devoted to dispensing punishment and inflicting pain as a matter of policy.
The Incarceration Of Women In California, Angela Wolf, Barbara E. Bloom, Barry A. Krisberg
The Incarceration Of Women In California, Angela Wolf, Barbara E. Bloom, Barry A. Krisberg
University of San Francisco Law Review
This articles addresses why the California prison system needs broad reform aimed toward providing female offenders the support structure necessary to maximize their opportunities for success.
Democracy And Tort Law In America: The Counter Revolution, Christopher J. Roederer
Democracy And Tort Law In America: The Counter Revolution, Christopher J. Roederer
School of Law Faculty Publications
Although the seeds of democracy and democratic tort reform were sown well before America’s founding, neither began to blossom until after the Second World War. Democratic progress from the 1950s to the 1970s led to, and was in part consolidated by, progressive developments in tort law during the same period. Unfortunately, the last quarter century has been a period of democratic decay in America and just as the revolution in tort law was bound up with democratic progress, the counter-revolution in tort law has tracked and reinforced the waning of American democracy since the 1980s. Although a few authors have …
The Gravity Threshold Of The International Criminal Court, Susana Sácouto, Katherine A. Cleary
The Gravity Threshold Of The International Criminal Court, Susana Sácouto, Katherine A. Cleary
Scholarly Articles in Law Reviews & Journals
From its inception, the world's first permanent International Criminal Court ("ICC" or "Court") was envisioned as a body that would preside over only those cases of most serious concern to the international community as a whole. Thus, the Court's subject matter jurisdiction is limited to the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. Moreover, Article 17(1)(d) of the Rome Statute provides that the Court shall determine that a case is inadmissible where the case is not of sufficient gravity to justify further action by the Court. This so-called "gravity threshold" has played a …
Blood Relations: Collective Memory, Cultural Trauma, & The Prosecution & Execution Of Timothy Mcveigh, Jody Lynee Madeira
Blood Relations: Collective Memory, Cultural Trauma, & The Prosecution & Execution Of Timothy Mcveigh, Jody Lynee Madeira
Articles by Maurer Faculty
In the aftermath of the Oklahoma City bombing, processes of reconstruction - remembering victims, caring for family members and survivors, and punishing the perpetrators - began even as debris from the Murrah Federal Building was being cleared. Based on conclusions obtained from intensive interviews with 27 victims' family members and survivors, this article explores how memory of the bombing as a culturally traumatic event was constructed through participation in groups formed after the bombing and participation in the legal proceedings against perpetrators Timothy McVeigh and Terry Nichols. These acts cultivated the formation of various relationships - between family members and …
Youth, Globalization, And The Law, Michael Grossberg
Youth, Globalization, And The Law, Michael Grossberg
Articles by Maurer Faculty
No abstract provided.
What Documentary Films Teach Us About The Criminal Justice System - Table Of Contents
What Documentary Films Teach Us About The Criminal Justice System - Table Of Contents
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Government Data Mining: The Need For A Legal Framework, Fred H. Cate
Government Data Mining: The Need For A Legal Framework, Fred H. Cate
Articles by Maurer Faculty
The article examines the government's growing appetite for collecting personal data. Often justified on the basis of protecting national security, government data mining programs sweep up data collected through hundreds of regulatory and administrative programs, and combine them with huge datasets obtained from industry. The result is an aggregation of personal data - the "digital footprints" of individual lives - never before seen. These data warehouses are then used to determine who can work and participate in Social Security programs, who can board airplanes and enter government buildings, and who is likely to pose a threat in the future, even …
The Rise Of Spanish And Latin American Criminal Theory, Luis E. Chiesa
The Rise Of Spanish And Latin American Criminal Theory, Luis E. Chiesa
Journal Articles
No abstract provided.
Sex Offender Registration In Indian Country, Kevin Washburn, Virginia Davis
Sex Offender Registration In Indian Country, Kevin Washburn, Virginia Davis
Faculty Scholarship
This article critiques Sex Offender Registration and Notification Act [SORNA] and places it in the context of the broader scheme of public safety and criminal jurisdiction on Indian reservations. Part I briefly explains the jurisdictional background of criminal law and regulatory authority on Indian lands. Part II discusses the particular development of federal and tribal sex offender registration and notification laws. Part III explains how SORNA engages Indian tribes and other registration jurisdictions as a prelude to discussion of the obstacles of effective implementation on Indian lands. Part IV offers some criticisms of SORNA for further fragmenting regulatory and criminal …
Tolling For The Luckless, The Abandoned And Forsaked: Community Safety, Therapeutic Jurisprudence And International Human Rights Law As Applied To Prisoners And Detainees, Michael L. Perlin, Astrid Birgden
Tolling For The Luckless, The Abandoned And Forsaked: Community Safety, Therapeutic Jurisprudence And International Human Rights Law As Applied To Prisoners And Detainees, Michael L. Perlin, Astrid Birgden
Articles & Chapters
There has been an explosion of interest in therapeutic jurisprudence as both a filter and lens for viewing theextent to which the legal system serves therapeutic or anti therapeutic consequences. However, little attention has been paid to the impact of therapeutic jurisprudence on questions of international human rights law and the role of forensic psychologists. Human rights are based on legal, social, and moral rules. The paper will propose that human rights principles can add to the normative base of therapeutic jurisprudence, and in turn, therapeutic jurisprudence can assist forensic psychologists to actively address human rights. As duty bearers, forensic …
A Phenomenological Study Of Foster Carers' Experiences Of Formal And Informal Support, Tara Cavazzi
A Phenomenological Study Of Foster Carers' Experiences Of Formal And Informal Support, Tara Cavazzi
Theses : Honours
Foster children are showing a higher prevalence of maladaptive physical and psychosocial issues than ever before. The presence of these issues is predictive of foster placement instability, which is compounded by the inability to recruit and retain foster carers. As placement disruption can have numerous consequences, the factors that influence placement stability have been reviewed. Carer strain is a widespread destabilizing factor, which is augmented by many factors including the perceived level of practical and emotional support from both formal and informal networks. Formal support is linked to placement stability, although carers generally feel undervalued and unappreciated by formal networks. …
Lost In Translation: International Criminal Tribunals And The Legal Implications Of Interpreted Testimony, Joshua Karton
Lost In Translation: International Criminal Tribunals And The Legal Implications Of Interpreted Testimony, Joshua Karton
Vanderbilt Journal of Transnational Law
When courtroom interpreters translate a witness's testimony, errors are not just possible, they are inherent to the process. Moreover, the occurrence of such errors is not merely a technical problem; errors can infringe on the rights of defendants or even lead to verdicts based on faulty findings of fact. International criminal proceedings, which are necessarily multilinguistic, are both particularly susceptible to interpretation errors and sensitive to questions of procedural fairness. This Article surveys the history and mechanics of courtroom interpretation, explains the inherent indeterminacy of translated language, and describes the other sources of inaccuracy in interpreted testimony. It then assesses …
Constitutional Coexistence: Preserving Felon Disenfranchisement Litigation Under Section Two Of The Voting Rights Act, Michael A. Wahlander
Constitutional Coexistence: Preserving Felon Disenfranchisement Litigation Under Section Two Of The Voting Rights Act, Michael A. Wahlander
Santa Clara Law Review
No abstract provided.
Corporations, Veils, And International Criminal Liability, Ronald Slye
Corporations, Veils, And International Criminal Liability, Ronald Slye
Faculty Articles
This article investigates the issue of corporations and their criminal liability. Specifically, it outlines general arguments surrounding the issue. It provides more of a broad overview, identifying the key arguments that are typically made for applying criminal liability to corporations.
Benefits From Private Antitrust Enforcement: An Analysis Of Forty Cases, Robert H. Lande, Joshua P. Davis
Benefits From Private Antitrust Enforcement: An Analysis Of Forty Cases, Robert H. Lande, Joshua P. Davis
University of San Francisco Law Review
This Article provides an empirical basisfor assessing whether private enforcement of the antitrust laws serves its intended purposes and is in the public interest. It does this by assembling, aggregating, and analyzing information about forty of the largest recent successful private antitrust cases.
Confronting The Crisis Of California Prisons, Thelton Henderson
Confronting The Crisis Of California Prisons, Thelton Henderson
University of San Francisco Law Review
This is a brief address that is aimed at explaining the history and importance of prison reform and an approach to change the underlying culture in the institution that creates the unconstitutional conditions in prisons.
Four Steps To Progress: A Reality Test For Assembly Bill 900, Michael Marcus
Four Steps To Progress: A Reality Test For Assembly Bill 900, Michael Marcus
University of San Francisco Law Review
An in depth look at CALIFORNIA'S 2007 ASSEMBLY BILL 900 which responds to California's prison crisis by adding prison and jail beds, proclaiming attention to treatment and prisoner reentry, and authorizing some fifty million dollars for treatment and rehabilitation services.
The Duke Lacrosse Matter As A Case Study Of The Right To Reply To Prejudicial Pretrial Extrajudicial Publicity Under Rule 3.6(C), James R. Devine
The Duke Lacrosse Matter As A Case Study Of The Right To Reply To Prejudicial Pretrial Extrajudicial Publicity Under Rule 3.6(C), James R. Devine
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Insights- Nov/Dec. 2008, University Relations Staff
In Whose "Best Interests"? – An International And Comparative Assessment Of Us Rules On Sentencing Of Juveniles, Jelani Jefferson Exum, John W. Head
In Whose "Best Interests"? – An International And Comparative Assessment Of Us Rules On Sentencing Of Juveniles, Jelani Jefferson Exum, John W. Head
Faculty Publications
According to numerous sources, both at the international level and within the USA, legal standards governing the treatment of children (commonly defined as persons under 18 years old)—including their treatment at the hands of the judicial system—should reflect an assessment of "the best interests of the child". An explicit announcement of this principle at the international level appears in the Convention on the Rights of the Child ("CRC"), which nearly all countries in the world have adopted. Article 37 of the CRC elaborates on the "best interests" principle, by prescribing six key standards national juvenile justice systems are to follow …
Does Doj's Privilege Waiver Policy Threaten The Rationales Underlying The Attorney-Client Privilege And Work Product Doctrine? A Preliminary "No", Julie R. O'Sullivan
Does Doj's Privilege Waiver Policy Threaten The Rationales Underlying The Attorney-Client Privilege And Work Product Doctrine? A Preliminary "No", Julie R. O'Sullivan
Georgetown Law Faculty Publications and Other Works
According to white-collar defense practitioners, the demise of the corporate attorney-client privilege and work product doctrine is imminent. While a variety of assaults have been identified, by far the most oft-cited culprit is the U.S. Department of Justice (DOJ), whose prosecutors, it is charged, have routinely insisted that corporations waive these protections to secure cooperation credit and declination of criminal action against the corporate actor and/or consideration at sentencing. DOJ has, by and large, vigorously defended its policies in this regard. Congress now threatens to inject itself into the debate: legislation entitled the "Attorney-Client Privilege Protection Act" has been introduced …
Jury Trial Innovations Across America: What We Are Teaching And Learning From Each Other, Gregory E. Mize, Paula Hannaford-Agor
Jury Trial Innovations Across America: What We Are Teaching And Learning From Each Other, Gregory E. Mize, Paula Hannaford-Agor
Faculty Publications
Between 2004 and 2006 the National Center for State Courts conducted three related studies of jury practices in state and federal courts throughout the United States. Combined, the studies make up the State-of-the-States Survey of Jury Improvement Efforts, a first-ever effort to survey the entire field of jury issues and practices from state and local jury reform and improvement efforts to in-court use of tools aimed at improving juror comprehension and participation-including note-taking, juror questions and providing jurors with written instructions. The resulting data sets are available in full online, allowing users to review their own states' practices in comparison …
Everybody Is Making Love/Or Else Expecting Rain: Considering The Sexual Autonomy Rights Of Persons Institutionalized Because Of Mental Disability In Forensic Hospitals And In Asia, Michael L. Perlin
Articles & Chapters
One of the most controversial policy questions in all of institutional mental disability law is the extent to which patients in psychiatric hospitals have a right to voluntary sexual interaction. The resolution of this matter involves the resolution of difficult and sensitive questions of law, social policy, clinical judgment, politics, religion, and family structures.
As difficult as these questions are in cases involving civil hospitals, the difficulties are exacerbated when the topic is the application of the right in forensic hospitals. Such facilities typically house individuals involved in the criminal justice system (either those who may be incompetent to stand …
Baby, Look Inside Your Mirror: The Legal Profession's Willful And Sanist Blindness To Lawyers With Mental Disabilities, Michael L. Perlin
Baby, Look Inside Your Mirror: The Legal Profession's Willful And Sanist Blindness To Lawyers With Mental Disabilities, Michael L. Perlin
Articles & Chapters
The legal profession has notoriously ignored the reality that a significant number of its members exhibit signs of serious mental illness (and become addicted or habituated to drugs or alcohol at levels that are statistically significantly elevated from levels of the public at large). This is no longer news. What has not been explored is why so much of the bar has remained willfully ignorant of these realities, and why it refuses to confront the depths of this problem.
The roots of this puzzle are found in the social attitude of sanism, an irrational prejudice of the same quality and …
Victims And The Significance Of Causing Harm, Guyora Binder
Victims And The Significance Of Causing Harm, Guyora Binder
Journal Articles
Many criminal law theorists find the punishment of harm puzzling. They argue that acts should be evaluated only on the basis of the risks they create and the actors' awareness of those risks; that punishing results violates both desert and utility. This article explains punishment of harm on the basis of political theory rather than moral philosophy. Punishing harm helps legitimize the rule of law by vindicating victims. A rule of law state precludes cycles of organized retaliatory violence by asserting a monopoly on retaliatory force, thereby depriving individuals and groups of the option of securing their own dignity. We …