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Alaska Justice Forum ; Vol. 27, No. 4 (Winter 2011), Deborah Periman, Khristy Parker, Shea Daniels

Vols 21-30 (2004-2014)

The Winter 2011 issue of the Alaska Justice Forum features articles on the Uniform Collateral Consequences of Conviction Act designed to facilitate offender reentry throughout the United States; the Fairbanks gang assessment — the first structured study of gang activity in Alaska; and a summary of a Bureau of Justice Statistics report on law enforcementn agencies with special gang crime units.

Choosing Your Child's Race, Dov Fox

UC Law SF Journal on Gender and Justice

Assisted reproduction has answered many couples' hopes of conceiving a child. In assisted reproduction, the appearance of racial salience matters, and adjusting the prominence of race in decision making frameworks can shape social meaning. There is a spectrum of salience-varying approaches that sperm banks could adopt to manage information about donor race, each of which sends a different message about the social meaning of donor catalog and website design. This Article considers four such approaches: race-indifferent, race-sensitive, race-attentive, and raceexclusive. Although civil rights scholarship reveals that race-based classification is not a necessary condition of wrongful discrimination, we should remain diligent …

Take The Money And Run: A Case For Benchmarking In The New Markets Tax Credit Program, Meghan Bokath

California Western Law Review

No abstract provided.

Preventive Detention In American Theory And Practice, Adam Klein, Benjamin Wittes

National Security Law Program

It is something of an article of faith in public and academic discourse that preventive detention runs counter to American values and law. This meme has become standard fare among human rights groups and in a great deal of legal scholarship. It treats the past nine years of extra-criminal detention of terrorism suspects as an extraordinary aberration from a strong American constitutional norm, under which government locks up citizens pursuant only to criminal punishment, not because of mere fear of their future acts. This argument further asserts that any statutory counterterrorism administrative detention regime would be a radical departure from …

Spreading The Wealth: Is Asset Forfeiture The Key To Enticing Local Agencies To Enforce Federal Drug Laws, David T. Gibson

UC Law Constitutional Quarterly

The "War on Drugs" has proven a costly program for the federal government. One of the ways that this ambitious and resource intensive effort has sustained itself is through asset forfeiture of property previously held by criminals. By seizing title to confiscated property that has been used directly in drug crimes or indirectly to further a criminal conspiracy, the government has been able to absorb substantial resources to further its efforts in waging its drug war against drug criminals.

Asset forfeiture is a powerful tool wielded by law enforcement, and can quickly and effectly shut down drug production and trafficking …

Insular Minorities: International Law’S Challenge To Japan’S Ethnic Homogeneity, Timothy Webster

Faculty Publications

The Japanese state has long promoted a view of itself, and the country, as ethnically homogeneous. Borrowing on critical race theory as developed in the United States, this paper first traces the numerous laws and policies that Japan has implemented to privilege ethnically Japanese people, and prejudice ethnic others. Next, the paper examines the role of international human rights law in challenging various edifices of the ethno-state, including amendments to legislation, and individual lawsuits. I conclude that international law has played a meaningful role in diversifying the protective ambit of Japanese law, but cannot provide all of the solutions that …

The Supreme Court Disposes Of A Nuisance Suit: American Electric Power V. Connecticut, Jonathan H. Adler

Faculty Publications

In American Electric Power v. Connecticut the Supreme Court confronted climate change litigation for the second time. Whereas Massachusetts v. EPA was a closely divided court decision with dramatic and far-reaching legal and policy implications, AEP was a narrow, unanimous opinion that hewed closely to well-settled precedent. In AEP the Court side-stepped difficult jurisdictional questions and rejected an ambitious effort to turn the federal common law of nuisance into a judicially administered environmental regulatory regime. While not erecting any new barriers to future climate suits, the Court’s opinion raised cautions about trying to make climate change policy through the judiciary. …

Table Of Contents

McNair Scholars Research Journal

No abstract provided.

Constitutional Othering: Citizenship And The Insufficiency Of Negative Rights-Based Challenges To Anti-Homeless Systems, Kathryn Hansel

Northwestern Journal of Law & Social Policy

Homelessness is a perennial problem in the United States and has been analyzed using many theoretical frameworks. The issue has also been a contentious one for courts and continues to be the subject of numerous suits today. Many jurisdictions in the United States have enacted laws that prevent homeless people from legally existing within those jurisdictions; these laws effectively criminalize being homeless. These statutes have spawned lawsuits alleging violations of homeless people's rights. This Comment examines homelessness and its interaction with the law through the lens of citizenship. It argues that the legal paradigm in the United States denies homeless …

How To Hold A State Constitutional Convention In The Twenty-First Century, 44 Loy. L.A. L. Rev. 603 (2011), Ann Lousin

UIC Law Open Access Faculty Scholarship

Although few states have held constitutional conventions in recent decades, there is renewed interest in holding state constitutional conventions in the twenty-first century. This Essay explains the author's views on holding such a convention, based on her experience in Illinois and with a view toward a California convention. The author believes that the two keys to a successful convention in the twenty-first century are extensive preparation and transparency. Only with preparation can the delegates and staff of a convention draft a document worthy of adoption. Only with great transparency of the process, especially in the Internet age, can the citizens …

Rid Of Habeas Corpus - How Ineffective Assistance Of Counsel Has Endangered Access To The Writ Of Habeas Corpus And What The Supreme Court Can Do In Maples And Martinez To Restore It, 45 Creighton L. Rev. 185 (2011), Hugh Mundy

UIC Law Open Access Faculty Scholarship

No abstract provided.

Annual Report Of The Town Officers Of Mason, New Hampshire For The Year Ending December 31, 2010., Mason Town Representatives

Mason, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

2011-2012 Student Handbook, Nova Southeastern University

NSU Student Handbooks

No abstract provided.

Annual Report Of The Officers And Boards Of The Town Of Ashland, New Hampshire For The Fiscal Year Ending December 31, 2010., Ashland Town Representatives

Ashland, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

When "The Evil Day" Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge?, Eang L. Ngov

American University Law Review

No abstract provided.

Is There Life After Death For Sports League Immunity - American Needle And Beyond, Meir Feder

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Incendiary Speech And Social Media, Lyrissa Lidsky

Faculty Publications

Incidents illustrating the incendiary capacity of social media have rekindled concerns about the "mismatch" between existing doctrinal categories and new types of dangerous speech. This Essay examines two such incidents, one in which an offensive tweet and YouTube video led a hostile audience to riot and murder, and the other in which a blogger urged his nameless, faceless audience to murder federal judges. One incident resulted in liability for the speaker even though no violence occurred; the other did not lead to liability for the speaker even though at least thirty people died as a result of his words. An …

Another Move Away From Title Vii: Why Gross Got It Right, Jacqueline Go

Santa Clara Law Review

No abstract provided.

Toward Comprehensive Gse And Housing Finance Reform, Clifford V. Rossi

Journal of Business & Technology Law

No abstract provided.

The Tipping Point: Prison Overcrowding Nationally, In West Virginia, And Recommendations For Reform, Karina Kendrick

West Virginia Law Review

No abstract provided.

A Contextual Approach To Learning Collaborative Behavior Via Observation, Cynthia L. Johnson

Electronic Theses and Dissertations

This dissertation describes a novel technique to creating a simulated team of agents through observation. Simulated human teamwork can be used for a number of purposes, such as expert examples, automated teammates for training purposes and realistic opponents in games and training simulation. Current teamwork simulations require the team member behaviors be programmed into the simulation, often requiring a great deal of time and effort. None are able to observe a team at work and replicate the teamwork behaviors. Machine learning techniques for learning by observation and learning by demonstration have proven successful at observing behavior of humans or other …

Issues Concerning Charges For Driving While Intoxicated In Texas Federal Courts., Brian L. Owsley

St. Mary's Law Journal

Each year numerous defendants appear in courts located in Texas, both state and federal, charged with offenses related to driving while intoxicated (DWI). Defendants appearing before state courts are prosecuted pursuant to Texas statutes, regulations, and binding case law. In certain circumstances, defendants appearing in federal courts face the same statutory elements of a crime and the same potential penalties as in a Texas state court. In many of the cases, however, statutory elements and potential penalties differ. Furthermore, certain rights and regulations afforded to Texas state defendants are unavailable to those charged in federal courts located in the state. …

When The Evil Day Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge, Eang Ngov

Faculty Articles

"The road to hell is paved with good intentions." Employers must be careful about the intentional and unintentional effect of their employment practices, even when acting with good motive. Title VII’s disparate impact provision holds employers liable for employment practices that cause an adverse impact on racial groups, even when the employment practice applies equally to all groups and was not implemented to disadvantage a particular group. A prima facie case of disparate impact can arise solely based on numbers - a comparison between the rate at which one racial group passes a test or is selected for hiring or …

Bryant University Undergraduate Course Catalog 2011- 2012

Bryant University Undergraduate Course Catalog

No abstract provided.

Winter Commencement, December 18, 2011, Eastern Michigan University

Commencement Programs and Materials

No abstract provided.

Libraries Build Community: Valdosta State University, Georgia, 2009-2011, Kathleen De La Peña Mccook

School of Information Faculty Publications

Summary of Work- -July1, 2011-December 31, 2011.The IMLS Strategic Plan, 2012 – 2016: Creating a Nation of Learners envisions a democratic society where communities and individuals thrive with broad public access to knowledge, cultural heritage and lifelong learning. The plan identifies the mission of IMLS to inspire libraries and museums to advance innovation, learning and civic engagement by providing leadership through research, policy development and grant-making

Collateral Consequences After Padilla V. Kentucky: From Punishment To Regulation, Margaret Colgate Love

Saint Louis University Public Law Review

This Article analyzes the scope of Padilla v. Kentucky, concluding that its logic extends beyond deportation to many other severe and certain consequences of conviction that are imposed by operation of law rather than by the sentencing court. It proposes a set of reforms that would limit the disruptive effect of these so-called “collateral consequences” on the guilty plea process and make a defense lawyer’s job easier. Part I describes a case currently pending in the Pennsylvania Supreme Court that may yield some important clues about how broadly the Padilla doctrine will be applied to status-generated consequences other than …

A Prosecutor’S Expanded Responsibilities Under Padilla, Robert M. A. Johnson

Saint Louis University Public Law Review

No abstract provided.

“Collateral” No More: The Practical Imperative For Holistic Defense In A Post-Padilla World . . . Or, How To Achieve Consistently Better Results For Clients, Mcgregor Smyth

Saint Louis University Public Law Review

No abstract provided.

Incorporating Collateral Consequences Into Sentencing Guidelines And Recommendations Post-Padilla, Michael A. Wolff

Saint Louis University Public Law Review

No abstract provided.