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Articles 1921 - 1950 of 2244
Full-Text Articles in Entire DC Network
A Social Movement History Of Title Vii Disparate Impact Analysis, Susan Carle
A Social Movement History Of Title Vii Disparate Impact Analysis, Susan Carle
Scholarly Articles in Law Reviews & Journals
The U.S. Supreme Court’s recent opinion in Ricci v. DeStefano suggests trouble ahead for disparate impact analysis under Title VII of the Civil Rights Acts of 1964 and 1991. Commentators, too, have begun to question the policy bases for this doctrine. Part of the current tenuousness surrounding disparate impact analysis, which the Court first approved in its 1971 opinion in Griggs v. Duke Power Company, stems from assumptions that the EEOC pursued this theory as a last-minute, ill-conceived afterthought that was not in keeping with Congress’s intent when it passed Title VII in 1964. In this Article I use the …
Essay: Deciphering Risk: Sex Offender Statutes And Moral Panic In A Risk Society, Bela August Walker
Essay: Deciphering Risk: Sex Offender Statutes And Moral Panic In A Risk Society, Bela August Walker
University of Baltimore Law Review
No abstract provided.
E Pluribus Unum: Data And Operations Integration In The California Criminal Justice System, W. David Ball
E Pluribus Unum: Data And Operations Integration In The California Criminal Justice System, W. David Ball
Faculty Publications
This Article reflects some of the insights from the Stanford Criminal Justice Center's (SCJC's) year-long project on data and operations integration in California's criminal justice system. Part I lays out some of the benefits of an integrated system as a means of illustrating why law enforcement agencies across the state are actively pursuing data integration. Part II discusses three organizational and political obstacles to creating an integrated system: defining what we mean by the criminal justice "system," drawing boundaries of relevant networks, and resolving tensions among state and local agencies with concurrent jurisdiction. Part III then discusses three ways in …
The Civil Case At The Heart Of Criminal Procedure: In Re Winship, Stigma, And The Civil-Criminal Distinction, W. David Ball
The Civil Case At The Heart Of Criminal Procedure: In Re Winship, Stigma, And The Civil-Criminal Distinction, W. David Ball
Faculty Publications
In criminal cases, any fact which increases the maximum punishment must be found by a jury beyond a reasonable doubt. This rule, which comes from Apprendi v. New Jersey, looks to what facts do, not what they are called; in Justice Scalia’s memorable turn of phrase, it applies whether the legislature has labeled operant facts “elements, enhancements, or Mary Jane.” Civil statutes, however, can expose an individual to the same or greater deprivation of liberty on identical facts without needing to meet the beyond a reasonable doubt standard of proof. If Apprendi is, indeed, functional, why is it limited to …
Deradicalization: A Review Of The Literature With Comparison To Findings In The Literatures On Deganging And Deprogramming, Madeline Morris, Frances Eberhard, Jessica Rivera, Michael Watsula
Deradicalization: A Review Of The Literature With Comparison To Findings In The Literatures On Deganging And Deprogramming, Madeline Morris, Frances Eberhard, Jessica Rivera, Michael Watsula
Faculty Scholarship
No abstract provided.
On The Constitutionality Of Health Care Reform, Barak D. Richman
On The Constitutionality Of Health Care Reform, Barak D. Richman
Faculty Scholarship
This commentary describes the legal challenges to the Patient Protection and Affordable Care Act.
State-Level Performance Metrics, Eric Davis
State-Level Performance Metrics, Eric Davis
Honors Capstones
In this paper, I examine performance measurements' effects on state governments' transparency and accountability. The paper begins by defining transparency and accountability before defining three prior methods of analyzing local governments; Citizen-Centric Reporting, State-Level Performance Metrics, and Comprehensive Area Assessment. Performance metrics, both financial and nonfinancial, discussed in the previous analysis are then applied through a statistical analysis called Data Envelopment Analysis; to evaluate each State compared to the others. Data used during the analysis was collected from Comprehensive Annual Financial Reports and literature reporting on each State's demographics. It was found that in the areas of Health Care, Public …
Evaluation Of Transparency Initiatives Concerning Recovery Act Funding Across U.S. State Governments, Meredith Frank
Evaluation Of Transparency Initiatives Concerning Recovery Act Funding Across U.S. State Governments, Meredith Frank
Honors Capstones
My thesis examines the transparency initiatives of the ten states that received the most amount of funding from the federal government via The American Reinvestment and Recovery Act of 2009 (ARRA). Transparency is defined for reader ease and ARRA is analyzed fully to get a background on the implications and goals of the act. Included in this, is a statistical analysis concerning all states in the United States along with their transparency score reported. Furthermore, the ten states that received the most funding are put through an in-depth analysis to determine the means for funding. Discussion concerning the political nature …
Keeping The Commitment: Why California Should Maintain Consideration Of The Commitment Offense In Determining Parole For Life Inmates, Kathleen Noone
Keeping The Commitment: Why California Should Maintain Consideration Of The Commitment Offense In Determining Parole For Life Inmates, Kathleen Noone
UC Law Constitutional Quarterly
The California prison system is currently in federal receivership because of overcrowding and failing to provide prisoners with sufficient medical care. The prison system is a mess, and the miniscule number of life inmates receiving parole each year is disheartening. In the California Supreme Court case In re Lawrence, the court took a step towards increasing the rate of parole for line inmates when it clarified that an inmate cannot be denied parole based solely on the severity of his or her commitment offense. Of course, a future court might go a step further and hold that the commitment offense …
Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe
Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe
Journal of Criminal Law and Criminology
No abstract provided.
Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard
Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard
Journal of Criminal Law and Criminology
No abstract provided.
The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring
The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring
Journal of Criminal Law and Criminology
No abstract provided.
Donna Whitney V. Division Of Juvenile Justice, Utah Department Of Human Services, State Of Utah, Quest Youth Services, Kyle Lancaster, Dan Maldanado, Jason Kaufusi, Huy Nguyen, And Berry Howard : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
CERTIFICATION OF QUESTION OF STATE LAW TO THE UTAH SUPREME COURT BY THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
Donna Whitney V. Division Of Juvenile Justice Services; Utah Department Of Human Services; State Of Utah; Quest Youth Services; Kyle Lancaster; Dan Maldonado; Jason Kaufusi; Henry Kaufusi; Huy Nguyen; And Barry Howard : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
CERTIFICATION OF QUESTION OF STATE LAW TO THE UTAH SUPREME COURT BY THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
Conspicuous Logic: Using The Logical Fallacy Of Affirming The Consequent As A Litigation Tool, Stephen M. Rice
Conspicuous Logic: Using The Logical Fallacy Of Affirming The Consequent As A Litigation Tool, Stephen M. Rice
Barry Law Review
This article will address one of the specific logical fallacies known as the Fallacy of Affirming the Consequent, discuss the place of formal logic in legal reasoning, describe the Fallacy of Affirming the Consequent, demonstrate how courts have explicitly used the fallacy in deciding cases, and detail how litigators can use the Fallacy to win cases.
Immigration Detention Reform: No Band-Aid Desired, Sarah Gryll
Immigration Detention Reform: No Band-Aid Desired, Sarah Gryll
Emory Law Journal
The United States is a land of immigrants. Yet the United States has adopted laws and policies to prevent mass migrations to this country. Despite these efforts, millions of illegal immigrants currently reside in the United States and more enter every year. An intense public debate about how to treat such immigrants has been at the forefront of the political forum for decades. In recent years, a new vigor for reform has fueled the debate. The Obama Administration vowed to enact comprehensive immigration reform and, in its first year, unveiled a number of reforms meant to address the deteriorating conditions …
Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas
Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas
Cornell Law Faculty Publications
This Paper tries to show the effects of a central challenge of contemporary global governance: the "interaction between normative orders that are fundamentally different in their underlying conceptual structure." The argument is that the dynamics of globalization create and accentuate particular social phenomena as well as efforts towards coordinated regulation of these phenomena, but that the latter are far from sufficient to meet the former. A further assertion is that global relations and distributions of power determine the operation of this fragmented framework. Social vulnerability is reflected in and reinforced by it. As such, the undocumented migrant worker challenges, in …
First Principles For An Effective Federal Housing Policy, David J. Reiss
First Principles For An Effective Federal Housing Policy, David J. Reiss
Cornell Law Faculty Publications
Federal housing policy is heavily funded and made up of a morass of programs. This article provides a taxonomy of goals for housing policy. The article first asks what the aim of housing policy is. In other words, what can a well-designed and executed housing policy achieve? The answer to this question is not at all clear-cut. Some argue that the aim of housing policy is to allow all Americans to live in safe, well-maintained and affordable housing. Others argue for a more modest aim – achieving an income transfer to low- and moderate-income families that mandates that the income …
Iris M. Spafford, And Earl S. Spafford V. Granite Credit Union, A Utah Corporation : Unknown, Utah Court Of Appeals
Iris M. Spafford, And Earl S. Spafford V. Granite Credit Union, A Utah Corporation : Unknown, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
APPEAL FROM A DECISION AND ORDER DENYING MOTION TO RECUSE OR OTHERWISE DISQUALIFY THE TRIAL COURT AND GRANTING MOTION FOR SUMMARY JUDGMENT, IN THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, THE HONORABLE TYRONE MEDLEY PRESIDING.
Ellery Summer V. Mary Paige Summer : Brief Of Appellant, Utah Court Of Appeals
Ellery Summer V. Mary Paige Summer : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Appeal from the November 15, 2010, Decree of Divorce of the Third Judicial District Court signed by Judge Stephen Henroid.
Shulchan Arukh, Amy Milligan
Shulchan Arukh, Amy Milligan
Women's & Gender Studies Faculty Publications
[First Paragraph] The Shulchan Arukh, literally translated as "The Set Table," is a compilation of Jewish legal codes. Written in the sixteenth century, it represents the first codification of Jewish law that is universally accepted by religiously observant Jews. It encompasses laws observed by both Ashkenazic Jews, those with German and eastern European roots, and Sephardic Jews, those with Spanish and Middle Eastern roots. Rabbi Yosef Karo composed the work in an effort to provide an authoritative legal text that would help to guide Jews in properly observing religious obligations. Although he composed the text before subdivisions of Judaism existed, …
Compelling The Courts To Question Gonzalez V. O Centro: A Public Harms Approach To Free Exercise Analysis, Ari B. Fontecchio
Compelling The Courts To Question Gonzalez V. O Centro: A Public Harms Approach To Free Exercise Analysis, Ari B. Fontecchio
Richmond Journal of Law and the Public Interest
Part I will set forth the analytical framework established by the Supreme Court in the RFRA and RLUIPA contexts before 0 Centro." This Part will provide a brief background to RFRA and RLUIPA and set forth the definition of "compelling interest" before 0 Centro. Part II will focus on the decision in 0 Centro; specifically, how the Supreme Court's redefinition of "compelling interest" significantly elevates the government's burden. Part III will compare the government's chance of winning on a "compelling interest" argument before 0 Centro" with the chance of winning in its wake. This Part will discuss the merits, flaws, …
Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson
Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson
Law Faculty Scholarly Articles
Now, thirty years into the "war on drugs," views about the law's reliance on punishment to fix the drug problem are less conciliatory and more absolute: "[t]he notion that 'the drug war is a failure' has become the common wisdom in academic ... circles." Those who have most closely studied the results of the "war" believe that it has "accomplished little more than incarcerating hundreds of thousands of individuals whose only crime was the possession of drugs." More importantly, they believe that it has had little if any effect on the drug problem: "Despite the fact that the number of …
Bids As Planners? Challenges Of Maintaining Philadelphia’S Old City District, Dorothy Ives-Dewey
Bids As Planners? Challenges Of Maintaining Philadelphia’S Old City District, Dorothy Ives-Dewey
Geography & Planning Faculty Publications
No abstract provided.
Organizational Social Capital And Perceived Performance Of Drug Law Enforcement Departments: A Case Study In Turkey, Ismail Sahin
Organizational Social Capital And Perceived Performance Of Drug Law Enforcement Departments: A Case Study In Turkey, Ismail Sahin
Electronic Theses and Dissertations
Supply reduction efforts by drug law enforcement departments are a significant factor in improving the effectiveness of drug control policies. As with other public organizations, the performance of drug law enforcement departments is one of the most important concerns for policy makers. Therefore, improving the performance of these departments is crucial in order for governments to constrict illegal drug markets and prevent illegal drug distribution. The literature suggests that social capital may have significant implications for policy makers and practitioners in terms of enhancing organizational performance.Social capital has recently been examined at the organizational level. It may contribute to organizational …
Interorganizational Network Coordination Under Stress Caused By Repeated Threats Of Disasters, Naim Kapucu, Thomas Bryer, Vener Garayev, Tolga Arslan
Interorganizational Network Coordination Under Stress Caused By Repeated Threats Of Disasters, Naim Kapucu, Thomas Bryer, Vener Garayev, Tolga Arslan
Faculty Bibliography 2010s
The study addresses interorganizational learning and coordination as well as their impact on collaborative capacity building in disaster environments. Community coordination requires communication and planning to take necessary precautions in the face of severe threats of disasters. The historically unique case of the four Florida hurricanes of 2004 is used to assess coordinated response under conditions of repeated threats of hurricanes. The repeated threat scenario suggests that emergency managers must vigilantly work to keep the partnering public, private, and nonprofit agencies and citizens informed and apprised of the seriousness of the situation. The research examines four hurricane response operations drawing …
A Methodology For Realistic Space Launch Risk Estimation Using Information-Fusion-Based Metric, Serge N. Sala-Diakanda, Jose A. Sepulveda, Luis C. Rabelo
A Methodology For Realistic Space Launch Risk Estimation Using Information-Fusion-Based Metric, Serge N. Sala-Diakanda, Jose A. Sepulveda, Luis C. Rabelo
Faculty Bibliography 2010s
In light of the significant changes being observed in the US space industry, in terms of the increase share of commercial launches, the development of inland spaceports, and the emergence of new vehicle designs and propulsion systems, there is need to reassess launch safety. In this paper, several issues related to space launch safety are reviewed, one in particular being the use, as the main the safety metric, of the mean collective risk to the general public, also known as the expectation of casualties. A new, decision level, information-fusion-based metric is proposed, and through a detailed case study, its merit …
Efficiency And Cost: The Impact Of Videoconferenced Hearings On Bail Decisions, Shari Seidman Diamond, Locke E. Bowman, Manyee Wong, Matthew M. Patton
Efficiency And Cost: The Impact Of Videoconferenced Hearings On Bail Decisions, Shari Seidman Diamond, Locke E. Bowman, Manyee Wong, Matthew M. Patton
Journal of Criminal Law and Criminology
No abstract provided.
The Heller Promise Versus The Heller Reality: Will Statutes Prohibiting The Possession Of Firearms By Ex-Felons By Upheld After Britt V. State, Deborah Bone
Journal of Criminal Law and Criminology
No abstract provided.
Capital Punishment And Specific Offense Deterrence, Brian Giardina
Capital Punishment And Specific Offense Deterrence, Brian Giardina
Master's Theses and Capstones
Deterrence has historically been a justification for capital punishment. Recent studies have found deterrent effects as strong as eighteen murders prevented per execution (Dezhbakhsh, Rubin and Shepherd, 2003). Most prior studies have tested for deterrent effects on homicide rates generally. The current study looks for a deterrent effect on a specific type of capital crime; the felonious killing of law enforcement officers. Two separate hypotheses were tested. First, the presence of a capital punishment statute will deter this specific type of homicide in a given year. Second, executions for any reason will reduce the likelihood of this specific type of …