Digital Commons Network^™

Changing The Topography Of Sentencing, Kate E. Bloch

UC Law Journal of Race and Economic Justice

No abstract provided.

An Overview Of Special Populations In California Prisons, Eumi K. Lee

UC Law Journal of Race and Economic Justice

No abstract provided.

The Centerpiece To Real Reform - Political, Legal, And Social Barriers To Reentry In California, Eumi K. Lee

UC Law Journal of Race and Economic Justice

No abstract provided.

Litigation Over Prison Medical Services, Aaron Rappaport

UC Law Journal of Race and Economic Justice

No abstract provided.

Sentencing Reform In California, Aaron Rappaport

UC Law Journal of Race and Economic Justice

No abstract provided.

A Genealogy Of Home Visits: Explaining The Relentless Search For Individualized Information Without Individual Suspicion, Peter Micek

University of San Francisco Law Review

This Comment presents a “genealogy” of this long-standing technique used to produce knowledge about the lives of the poor.

Reconceptualizing Restorative Justice, Kate E. Bloch

UC Law Journal of Race and Economic Justice

No abstract provided.

Tribal Court Convictions And The Federal Sentencing Guidelines: Respect For Tribal Courts And Tribal People In Federal Sentencing, Barbara Creel

University of San Francisco Law Review

No abstract provided.

Towards Holistic Transnational Protection: An Overview Of International Public Law Approaches To Kidnapping, Cecilia M. Bailliet

Denver Journal of International Law & Policy

No abstract provided.

Out Of The Shadows, Into The Light: Preventing Workplace Discrimination Against Medical Marijuana Users, Elizabeth Hurwitz

University of San Francisco Law Review

No abstract provided.

Eliminationist Discourse In A Conflicted Society: Lessons For America From Africa?, Phyllis E. Bernard

Marquette Law Review

For generations, Western society has taken pride in welcoming all types of discourse in the press, radio, or television; the livelier, the better. Outrage often awaits individuals or institutions suggesting that some passionate rhetoric in the public square invites danger that outweighs the theoretical value of free expression. This Article proceeds from the assumption that—from a less lofty, more grassroots perspective—modern, organized, formal, one-time venues for extremist political speech do not present the most potent threat to physical safety and a stable democracy. The greater danger emanates from pervasive right-wing extremist themes on radio, television, and some online news sources …

Wine Wars: How We Have Painted Ourselves Into A Regulatory Corner, Rachel M. Perkins

Vanderbilt Journal of Entertainment & Technology Law

A private citizen can violate the Constitution in two ways. The first is by enslaving another person, an atrocious act that should be proscribed by the highest law in the land. The second is by transporting alcohol across a state line in violation of the laws of that state. The two actions are hardly of the same magnitude.

The history of alcohol regulation has been a litany of failed attempts--on both the state and federal levels. Each new layer of legislation created additional problems. Most are familiar with the infamy of Prohibition, the federal ban on the manufacture or sale …

The Normative Justification For Tax Exemption: Elements From Catholic Social Thought, John F. Coverdale

Seton Hall Law Review

No abstract provided.

George W. Bush's Rhetoric Of Compassionate Conservatism And Its Value As A Tool Of Presidential Politics, Richard Holtzman

History and Social Sciences Faculty Journal Articles

This essay presents a situational analysis of George W. Bush’s rhetoric of compassionate conservatism. It explores Bush’s regular use of this discourse to address a number of political exigencies that confront all presidents, such as displaying personal character, framing issues, and energizing national values. I examine Bush’s public discourse from the declaration of his presidential candidacy in 1999 to his 2002 State of Union address to illuminate the development of this rhetorical construct and identify how it was employed to address shifting rhetorical situations. While the language did not change over time, the purposes and meanings of compassionate conservatism were …

Thinly Veiled: Institutional Messages In The Language Of Secularism In Public Schools In France And The United States, R. Vance Eaton

South Carolina Journal of International Law and Business

No abstract provided.

Eagle Versus Phoenix: A Tale Of Federalism, Samuel L. Johnson

South Carolina Journal of International Law and Business

No abstract provided.

The “Tomahawk” And The “Healing Balm:” Drug Treatment Courts In Theory And Practice, Richard C. Boldt

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

No abstract provided.

Community Voice And Justice: An Essay On Problem-Solving Courts As A Proxy For Change, Brenda Bratton Blom, Julie Galbo-Moyes, Robin Jacobs

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

No abstract provided.

Can The United States Talk The Talk & Walk The Walk When It Comes To Libel Tourism: How The Freedom To Sue Abroad Can Kill The Freedom Of Speech At Home, Tara Sturtevant

Pace International Law Review

No abstract provided.

Cyber-Apocalypse Now: Securing The Internet Against Cyberterrorism And Using Universal Jurisdiction As A Deterrent, Kelly A. Gable

Vanderbilt Journal of Transnational Law

Cyberterrorism has become one of the most significant threats to the national and international security of the modern state, and cyberattacks are occurring with increased frequency. The Internet not only makes it easier for terrorists to communicate, organize terrorist cells, share information, plan attacks, and recruit others but also is increasingly being used to commit cyberterrorist acts. It is clear that the international community may only ignore cyberterrorism at its peril.

The primary security threat posed by the Internet is caused by an inherent weakness in the TCP/IP Protocol, which is the technology underlying the structure of the Internet and …

After Heller: What Now For The Second Amendment, Jeffrey M. Shaman

Santa Clara Law Review

No abstract provided.

Heller As Hubris, And How Mcdonald V. City Of Chicago May Well Change The Constitutional World As We Know It, William G. Merkel

Santa Clara Law Review

No abstract provided.

State Court Standards Of Review For The Right To Keep And Bear Arms, David B. Kopel, Clayton Cramer

Santa Clara Law Review

No abstract provided.

A Meta-Analysis Of The Efficacy Of Sex Offender Residential Restrictions To Recidivism, Cheryl Kack

All Graduate Theses, Dissertations, and Other Capstone Projects

The purpose of this meta-analysis was to review the empirical research studies pertaining to the enactment of sex offender residency restrictions and its impact on recidivism. The intended purpose for residency restrictions is to limit the distance an offender can reside in proximity to schools, parks, playgrounds and daycare facilities. These residency restrictions were implemented as a safe guard to prevent sex offenders from residing in close proximity to where children typically gather (Chajewski & Mercado, 2009; During, 2006; Melroy, Miller & Curtis, 2008; Mercado, Alvarez & Levenson, 2008; Zgoba, Levenson & McKee, 2009). There has been a limited number …

That Guy's A Batterer!: A Scarlet Letter Approach To Domestic Violence In The Information Age, Elaine M. Chiu

Faculty Publications

Despite the remarkable reliance on the Internet as a source of information, we have yet to fully take advantage of it in our movement against domestic violence. Information is used as a weapon in the battle against domestic violence in several limited ways. Yet there is still more we can do with information and, specifically, the Internet, in combating domestic violence. The Scarlet Letter proposal seeks to empower potential victims of domestic violence with information so that they themselves can make choices that will avoid years of suffering and abuse. The idea is to allow public access to the data …

Laïcité In France - Contemporary Issues Panel Discussion, Nathalie Caron, Blandine Chelini- Pont, Rosemary C. Salomone, Emmanuel Tawil

Journal of Catholic Legal Studies

No abstract provided.

Rising Seas And Common Law Baselines: A Comment On Regulatory Takings Discourse Concerning Climate Change, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

In several recent cases considering claims that regulatory measures addressing rising sea levels violate the Takings Clause, courts have given significant normative weight to traditional common law rules, even when such rules have long been superseded by statutory provisions. This essay argues that giving analytic precedence to such common law baselines lacks justification and can pose serious obstacles to reasonable measures to adapt to climate change.

New York's Post-Verdict Scheme For The Treatment Of Insanity Acquittees: Balancing Public Safety With Rights Of The Mentally Ill, Larry Cunningham

Journal of Civil Rights and Economic Development

(Excerpt)

In this Article, I will explore both the statutory workings of the insanity review system in New York and examine ways in which CPL § 330.20 can be improved. In Part I, I will provide a detailed account of how a typical insanity review moves through the system. In Part II, I will explore the ways in which CPL § 330.20, as currently written, protects both the public and individual rights. In Part III, I will propose modest reforms to improve the law.

Sense And Sentencing: Our Imprisonment Epidemic, Michael A. Simons

Journal of Civil Rights and Economic Development

(Excerpt)

Over the past thirty years, the most important sentencing development has not been the legislative adoption of mandatory guidelines, or the judicial creation of advisory guidelines, or the adoption of a wide variety of guidelines systems in the states, or the widespread elimination of parole, or the abandonment of rehabilitation as a sentencing goal. No, the most important sentencing development has been our rejection of the principal of parsimony: the notion that a sentence should be as long as - but no longer than - necessary to accomplish the goals of punishment. Instead, we have replaced parsimony with severity, …

Information Privacy In Public Space: Location Data, Data Protection And The Reasonable Expectation Of Privacy, Teresa Scassa

Canadian Journal of Law and Technology

This article considers whether the permissive disclosure provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) and its substantially similar counterparts mean that law enforcement agents have ready access to information about our movements and activities, or whether s. 8 of the Charter plays a role in limiting the circumstances in which disclosure without notice or consent may take place.