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Criminalizing The State, François Tanguay-Renaud

Comparative Research in Law & Political Economy

In this article, currently its penultimate version and to be published as part of a symposium on political theory and criminal law, I ask the underexplored question of whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a specific focus on the possibility of its domestic criminalization. I proceed by identifying what I take to be the core objections to the criminalization of states - that is to say, objections to the condemnation and punishment of the state, as a result of a suitably ‘criminal’ process of public accountability, for the culpable perpetration …

Victor's Justice: The Next Best Moral Theory Of Criminal Punishment?, François Tanguay-Renaud

Comparative Research in Law & Political Economy

In this essay, I address one methodological aspect of Victor Tadros's The Ends of Harm - namely, the moral character of the theory of criminal punishment it defends. First, I offer a brief reconstruction of this dimension of the argument, highlighting some of its distinctive strengths while drawing attention to particular inconsistencies. I then argue that Tadros ought to refrain from developing this approach in terms of an overly narrow understanding of the morality of harming as fully unified and reconciled under the lone heading of justice. In a final and most critical section, I offer arguments for why this …

Resolving The Post-Begay Maelstrom Statutory Rape As A Violent Felony Under The Armed Career Criminal Act, Sarena M. Holder

Cleveland State Law Review

The Armed Career Criminal Act ("ACCA"), enacted in 1984, mandates a minimum fifteen-year sentence for defendants who unlawfully possess a firearm and who also have three prior convictions for violent felonies and/or serious drug offenses. Since its inception, the ACCA has presented a weighty problem: what constitutes a "violent" felony? The United States Supreme Court has made an effort to allay the confusion, most recently in its decision in Begay v. United States, requiring that violent felonies be purposefully violent or aggressive. This Note questions the reasoning of circuit courts that have disallowed statutory rape as a violent felony post-Begay, …

The Promise Of Client-Centered Professional Norms, Kate Kruse

Faculty Scholarship

In this year’s Saltman Lecture, Jennifer Gerarda Brown and Liana G.T. Wolf argue that restorative justice models have much to offer a broken attorney disciplinary system. While their specific proposals are problematic for reasons discussed more fully in this article, there is considerable merit to the authors’ larger point that the lawyer disciplinary system could benefit from incorporating a greater level of client participation. The authors point to a number of the benefits of a more client-participatory attorney disciplinary system, including the opportunity for lawyers to better appreciate the consequences of their misconduct, the opportunity to focus on repairing the …

Juvenile Neurolaw: When It's Good It Is Very Good Indeed, And When It's Bad It's Horrid, Abigail A. Baird, Christy L. Barrow, Molly K. Richard

Journal of Health Care Law and Policy

No abstract provided.

Adolescent Decision Making: Legal Issues With Respect To Treatment For Substance Misuse And Mental Illness, Richard C. Boldt

Journal of Health Care Law and Policy

No abstract provided.

Hiring Sexters To Teach Children: Creating Predictable And Flexible Standards For Negligent Hiring In Schools, Kelly M. Feeley

New Mexico Law Review

No abstract provided.

Respecting The Privilege Against Self-Incrimination: A Call For Providing Miranda Warnings In Non-Custodial Interrogations, Rinat Kitai-Sangero

New Mexico Law Review

No abstract provided.

Justice And Efficiency: An Empirical Study On Simplified Procedure For Guilty Plea Cases, Bensen Li

Maurer Theses and Dissertations

This study explores the simplified procedure for guilty plea cases emerged in the context of the rise of crime in China. It examines the effect of the simplified procedure and the relevance of the concept of guilty plea in practice, seeking to answer the questions such as: how efficient was it in process durations in the simplified procedure? Is there any difference for guilty plea cases in sentencing between simplified procedure and regular procedure cases? What is the core problem in considerations and relationship between justice and efficiency in the simplified procedure?

To answer these questions, the empirical study is …

Financial Controls And Counter-Proliferation Of Weapons Of Mass Destruction, Nikos Passas

Case Western Reserve Journal of International Law

No abstract provided.

Reflections From The International Criminal Court Prosecutor, Fatou Bensouda

Case Western Reserve Journal of International Law

No abstract provided.

Back Matter: Trotter Review, Vol. 20, Issue 1

Trotter Review

No abstract provided.

Denver And Boston: Why One City Elects Black Mayors And The Other Has Not, Kenneth J. Cooper

Trotter Review

Denver’s population is only 10 percent black, and has never been above 12 percent in any Census, yet in July 2011 the city elected a black mayor. Michael Hancock, a former city councilman, is actually the second African-American mayor of Denver. Wellington Webb served the limit of three terms through 2003. Three of the city’s last four mayors have been of color. Federico Peña, a Mexican American, became the first in 1983.

At 24 percent, Boston’s black population is twice as large as Denver’s and has been so throughout the three decades during which Denver has sent two African Americans …

Programming Serving The Needs Of Homeless Adults And Families: A Survey To Determine Current Practices In Transitional Housing Programs Within The Interfaith Hospitality Network, Nathan A. Paro

PCOM Psychology Dissertations

Over the last decade the rate of homelessness has continued to rise, putting an increased demand on services for the homeless such as transitional living programs. There appears to be little information about the standards of practice within the field of transitional living programs for the homeless. The current study surveyed directors of transitional living programs that serve women and children within the Interfaith Hospitality Network across the country, in order to compile information such as programing offered, services offered, and outcome measures which are used by the programs to determine success. The results of the survey suggested that there …

Predictors Of Vicarious Trauma And Secondary Traumatic Stress Among Correctional Officers, Bertee Thomas Jr

PCOM Psychology Dissertations

The correctional setting is often dangerous and unpredictable. Correctional officers have the unique and often dangerous charge of overseeing a very volatile population. The job of a correctional officer can be very stressful and often contributes to emotional, physiological, and psychological distress. Correctional officers may be exposed to violence either directly or indirectly. One of the psychological reactions most commonly associated with violence is the development of trauma. This type of traumatic response may be triggered by direct or indirect exposure to traumatic stimuli. The focus of this study was to identify variables associated with secondary traumatic responses among correctional …

Redinocente: The Challenge Of Bringing Innocence Work To Latin America, Justin Brooks

Faculty Scholarship

No abstract provided.

Rethinking Gender Equality In The Legal Profession's Pipeline To Power: A Study On Media Coverage Of Supreme Court Nominees (Phase 1, The Introduction Week), Hannah Brenner, Renee Newman Knake

Faculty Scholarship

Three women now sit on the Supreme Court of the United States, and a fourth recently retired, suggesting the attainment of formal gender equality. Despite this appearance of progress, women remain significantly underrepresented in major leadership roles within the legal profession, where they face extensive gender bias and stereotyping. This gender bias and stereotyping is also leveraged against women who are featured in the media, illustrated vividly by coverage of the most recent Supreme Court nominations. Headlines from mainstream news, "Then Comes the Marriage Question" in the New York Times or "The Supreme Court Needs More Mothers" in the Washington …

Illich (Via Cayley) On Prisons, Giovanna Shay

Western New England Law Review

This Article considers whether, more than a dozen years after publication of Cayley’s book The Expanding Prison: The Crisis in Crime and Punishment and the Search for Alternatives, Illich’s theories help us to make sense of America’s “prison-industrial complex.” The Author concludes that our current situation reflects in part the dynamics of his theory of “counterproductivity,” but that Illich did not take sufficient account of the salience of race and class in American criminal punishment.

Illich, Education, And The Wire, Erin E. Buzuvis

Western New England Law Review

This Article focuses on two texts—first, Illich’s 1971 Deschooling Society, which calls for abolishing institutionalized education in favor of decentralized, personalized relationships that promote intentional learning; and second, The Wire’s fourth season, which is particularly focused on the exercise in futility that is the Baltimore public school system. Read together, these texts explore the problem of institutionalized education and the solution Illich proposes of intentional learning communities. But while both texts help us understand the shortfalls of institutionalized education, neither is particularly prescriptive when it comes to undoing the current state of affairs and weaning our society off of institutions, …

Sliding Down The Slippery Slope Of The Sixth Amendment: Arguments For Interpreting Padilla V. Kentucky Narrowly And Limiting The Burden It Places On The Criminal Justice System, Colleen A. Connolly

Brooklyn Law Review

No abstract provided.

Policing School Discipline, Catherine Y. Kim

Brooklyn Law Review

No abstract provided.

Smoking Out Racism In The Fdny: The Dwindling Use Of Race-Conscious Hiring Remedies, Hal Budnick

Brooklyn Law Review

No abstract provided.

Democracy And Criminal Discovery Reform After Connick And Garcetti, Janet Moore

Brooklyn Law Review

No abstract provided.

Combating Inaccuracies In Criminal Background Checks By Giving Meaning To The Fair Credit Reporting Act, Noam Weiss

Brooklyn Law Review

No abstract provided.

Protecting The Border, One Passenger Interrogation At A Time, Dina Kleyman

Brooklyn Law Review

No abstract provided.

Gods Behind Bars: Prison Gangs, Due Process, And The First Amendment, Justin L. Sowa

Brooklyn Law Review

No abstract provided.

Professional Identity As Advocacy, Robert Rubinson

All Faculty Scholarship

The legal profession adheres to a story of a unified profession. Nevertheless, the profession has distinct professional sub-groups which repeatedly represent clients with interests adverse to those represented by attorneys who identify with other sub-groups. The idea of "professional identity as advocacy" describes how such professional sub-groups accuse opposing subgroups of greed, self-aggrandizement, or worse. This is most notable in two areas: personal injury litigation and criminal cases. This process has two seemingly contradictory consequences. First, it renders narrow areas extraordinarily visible, thus defining popular discourse and conceptions about lawyers and law. Second, it masks vast areas of litigation and …

Religion, Schools, And Judicial Decision Making: An Empirical Perspective, Michael Heise, Gregory C. Sisk

University of Chicago Law Review

No abstract provided.

The Role Of Accreditation Commissions In Higher Education: The Troublesome Case Of Dana College, Richard A. Epstein

University of Chicago Law Review

No abstract provided.

The Past, Present, And Future Of Equal Educational Opportunity: A Call For A New Theory Of Education Federalism (Reviewing Five Miles Away, A World Apart: One City, Two Schools, And The Story Of Educational Opportunity In Modern America By James E. Ryan), Kimberly Jenkins Robinson

University of Chicago Law Review

No abstract provided.