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2013

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"Give Us Free": Addressing Racial Disparities In Bail Determinations, Cynthia E. Jones Jan 2013

"Give Us Free": Addressing Racial Disparities In Bail Determinations, Cynthia E. Jones

Scholarly Articles in Law Reviews & Journals

This article considers racial disparities that occur nationally in the bail determination process, due in large part to the lack of uniformity, resources, and information provided to officials in bail proceedings. It argues that the almost unbridled decision making power afforded to bail officials is often influenced by improper considerations such as the defendant's financial resources or the race of the defendant. As a result of these failures, the bail determination process has resulted not only in racial inequalities in bail and pretrial detention decisions, but also in the over-incarceration of pretrial defendants and the overcrowding of jails nationwide. The …


Gumbo Yearbook, Class Of 2013, Louisiana State University And Agricultural And Mechanical College Jan 2013

Gumbo Yearbook, Class Of 2013, Louisiana State University And Agricultural And Mechanical College

Gumbo Yearbook

The Gumbo yearbook chronicles the entire academic year at LSU. In words and especially photos, the Gumbo shows the people, places, and events that make each year unique. In addition to formal portraits of schools and departments, the book contains hundreds of snapshots of students with their friends and dozens of pages showcasing organizations.


A Tax Analysis Of The Emerging Class Of Hybrid Entities, Joseph M. Binder Jan 2013

A Tax Analysis Of The Emerging Class Of Hybrid Entities, Joseph M. Binder

Brooklyn Law Review

No abstract provided.


Neighborhood Conservation Districts: The New Belt And Suspenders Of Municipal Zoning, William A. Fischel Jan 2013

Neighborhood Conservation Districts: The New Belt And Suspenders Of Municipal Zoning, William A. Fischel

Brooklyn Law Review

No abstract provided.


The Drones Are Coming! Will The Fourth Amendment Stop Their Threat To Our Privacy?, Robert Molko Jan 2013

The Drones Are Coming! Will The Fourth Amendment Stop Their Threat To Our Privacy?, Robert Molko

Brooklyn Law Review

No abstract provided.


Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary Jan 2013

Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary

Brooklyn Law Review

No abstract provided.


The Dialectic Of Stare Decisis Doctrine, Colin Starger Jan 2013

The Dialectic Of Stare Decisis Doctrine, Colin Starger

All Faculty Scholarship

In the United States Supreme Court, the concept of stare decisis operates as both metadoctrine and doctrine. On the one hand, stare decisis functions as a generally applicable presumption in favor of adherence to precedent. This presumption is metadoctrinal because it provides a generic argument against overruling that applies independently of the substantive context of any given case. On the other hand, when the Court considers overruling a particularly controversial precedent, it usually weighs the constraining force of stare decisis by invoking factors and tests announced in its own prior caselaw. In other words, the Court has precedent about when …


Policing Immigration, Adam B. Cox, Thomas J. Miles Jan 2013

Policing Immigration, Adam B. Cox, Thomas J. Miles

University of Chicago Law Review

No abstract provided.


Immigration Detention: Information Gaps And Institutional Barriers To Reform, Alina Das Jan 2013

Immigration Detention: Information Gaps And Institutional Barriers To Reform, Alina Das

University of Chicago Law Review

No abstract provided.


Managed Coastal Retreat: A Legal Handbook On Shifting Development Away From Vulnerable Areas, Anne Siders Jan 2013

Managed Coastal Retreat: A Legal Handbook On Shifting Development Away From Vulnerable Areas, Anne Siders

Sabin Center for Climate Change Law

Numerous legal tools already exist to assist federal, state, and local governments in conducting managed retreat away from the most vulnerable coasts. Scattered publications, toolkits, and websites describe a broad range of legal, policy, and regulatory tools. These tools have, with little fanfare, been used by communities around the United States to implement managed retreat. This Handbook collects examples, case studies, and lessons learned from some of these early innovators in the hope that their lessons can inform future efforts to limit the exposure of our communities to coastal threats. The key legal issues raised by these examples are also …


Evaluating Accessibility Issues In Urbana To Improve Safety At An Intersection, Paula B. Wheeler Jan 2013

Evaluating Accessibility Issues In Urbana To Improve Safety At An Intersection, Paula B. Wheeler

A with Honors Projects

Details the efforts of the author to advocate for a safer pedestrian crossing at the intersection of Philo Road and Florida Avenue in Urbana, Illinois, especially for those in the community with disabilities.


Divorcing The Defense Of Marriage Act: Judicial Tensions In Upholding The Legislated Preclusion Of Federal Same-Sex Marital Rights, Linda L. Barkacs, Sherry S. Tehrani, Craig B. Barkacs Jan 2013

Divorcing The Defense Of Marriage Act: Judicial Tensions In Upholding The Legislated Preclusion Of Federal Same-Sex Marital Rights, Linda L. Barkacs, Sherry S. Tehrani, Craig B. Barkacs

Labor & Employment Law Forum

No abstract provided.


Annual Report Of The Town Officers Of Stark, New Hampshire For The Year Ending December 31, 2012., Stark Town Representatives Jan 2013

Annual Report Of The Town Officers Of Stark, New Hampshire For The Year Ending December 31, 2012., Stark Town Representatives

Stark, NH Annual Reports

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


The Inclusive Exclusion Of Latino Immigrants In Lexington, Kentucky, Vanessa Marquez Jan 2013

The Inclusive Exclusion Of Latino Immigrants In Lexington, Kentucky, Vanessa Marquez

Theses and Dissertations--Geography

This thesis is a case study analyzing how the Latino immigrant community in Lexington, Kentucky is responding to the national push for restrictive legislation. Based on interviews conducted throughout the summer and fall of 2012, I examine the relationship between federal policies and young undocumented immigrants in Lexington, Kentucky, a southern locale with a relatively small but growing foreign-born Latino community. Employing the notion of the included exclusion, I look at the newly implemented Deferred Action for Childhood Arrivals policy. The Deferred Action for Childhood Arrivals policy highlights an opening present in immigration law in which young immigrants are simultaneously …


Organizing For Environmental Justice: From Bridges To Taro Patches, Amy Krings, Michael S. Spencer, Kelcie Jimenez Jan 2013

Organizing For Environmental Justice: From Bridges To Taro Patches, Amy Krings, Michael S. Spencer, Kelcie Jimenez

Social Work: School of Social Work Faculty Publications and Other Works

No abstract provided.


The Significance Of Genetics Across Disciplines: Genetic Counseling & Testing, Rachel Bertsch Jan 2013

The Significance Of Genetics Across Disciplines: Genetic Counseling & Testing, Rachel Bertsch

Honors Projects

Genetics is a rapidly expanding field that encompasses a variety of disciplines, especially within the health care field. Since the advent of the Human Genome Project, the abilities of genetic research has greatly increased, allowing us to create genetic tests that can search many genes and find mutations indicating disease or risk for future diseases or disorders. The widespread use of genetic testing has necessitated more genetic counseling to assist in explaining and returning test results to patients and their families. Additionally, genetic testing brings up outside considerations that are important to think about. Direct to consumer genetic testing, the …


The Effect Of Cabotage On The Cross-Strait Sea Transport Agreement Between China And Taiwan, Rong-Her Chiu Jan 2013

The Effect Of Cabotage On The Cross-Strait Sea Transport Agreement Between China And Taiwan, Rong-Her Chiu

Journal of Maritime Law and Commerce

No abstract provided.


Germany's Support Of Assad: Corporate Complicity In The Creation Of The Syrian Surveillance State Under The European Convention On Human Rights, Rishi R. Gupta Jan 2013

Germany's Support Of Assad: Corporate Complicity In The Creation Of The Syrian Surveillance State Under The European Convention On Human Rights, Rishi R. Gupta

American University International Law Review

No abstract provided.


R. V. Khawaja: At The Limits Of Fundamental Justice, Hamish Stewart Jan 2013

R. V. Khawaja: At The Limits Of Fundamental Justice, Hamish Stewart

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In R. v. Khawaja, the Supreme Court of Canada rejected a number of constitutional challenges to the terrorism offences in the Criminal Code. This paper focuses on the claim that the “participating or contributing” offence in section 83.18 was contrary to the principles of fundamental justice because it was overbroad or grossly disproportionate. The Court held that the purpose of the offence was to facilitate the prosecution and prevention of terrorism, without punishing conduct that was “innocent, socially useful or casual” or performed for a “valid reason”. In light of this purpose, the Court interpreted both the mens rea and …


A Step In The Right Direction For Japan's Judicial Reform: Impact Of The Justice System Reform Council Recommendations On Criminal Justice And Citizen Participation In Criminal, Civil, And Administrative Litigation, Hiroshi Fukurai Jan 2013

A Step In The Right Direction For Japan's Judicial Reform: Impact Of The Justice System Reform Council Recommendations On Criminal Justice And Citizen Participation In Criminal, Civil, And Administrative Litigation, Hiroshi Fukurai

UC Law SF International Law Review

No abstract provided.


Evidence-Based Sentencing And The Scientific Rationalization Of Discrimination, Sonja B. Starr Jan 2013

Evidence-Based Sentencing And The Scientific Rationalization Of Discrimination, Sonja B. Starr

Law & Economics Working Papers

This paper critiques, on legal and empirical grounds, the growing trend of basing criminal sentences on actuarial recidivism risk prediction instruments that include demographic and socioeconomic variables. I argue that this practice violates the Equal Protection Clause and is bad policy: an explicit embrace of otherwise-condemned discrimination, sanitized by scientific language. To demonstrate that this practice should be subject to heightened constitutional scrutiny, I comprehensively review the relevant case law, much of which has been ignored by existing literature. To demonstrate that it cannot survive that scrutiny and is undesirable policy, I review the empirical evidence underlying the instruments. I …


The Inevitable Irrelevance Of Affirmative Action, Leslie Y. Garfield Jan 2013

The Inevitable Irrelevance Of Affirmative Action, Leslie Y. Garfield

Elisabeth Haub School of Law Faculty Publications

This article proceeds in three parts. In Part I of this article, I provide a narrative of affirmative action jurisprudence in higher education, with a particular focus on the meaning of viewpoint diversity in higher education. This section tracks the definitional shift in preference policies from their original design as remedial and compensatory programs for those suffering the effects of educational discrimination to interest convergence programs, which assure equal benefits irrespective of race. In Part II, I explore the circumstances giving rise to Fisher, including an overview of the lower court decisions. This section presents a discussion of the likely …


"Off With His __": Analyzing The Sex Disparity In Chemical Castration Sentences, Zachary Edmonds Oswald Jan 2013

"Off With His __": Analyzing The Sex Disparity In Chemical Castration Sentences, Zachary Edmonds Oswald

Michigan Journal of Gender & Law

Societies around the world have performed castration, in its various forms, on their male and female members for thousands of years, for numerous reasons. Even within the United States, prisoners have been sentenced to castration (as a form of punishment or crime prevention) since the early twentieth century. In recent years, legislatures have perpetuated this practice but with a modern twist. Now, states use chemical injections to castrate their inmates. It turns out, however, that systemic problems plague the chemical castration sentencing regime. These problems arise from the nature of the crimes eligible for chemical castration sentences, the manner of …


Freedom Of Expression In Russia As It Relates To Criticism Of The Government, Tatyana Beschastna Jan 2013

Freedom Of Expression In Russia As It Relates To Criticism Of The Government, Tatyana Beschastna

Emory International Law Review

Freedom of expression in Russia appears to be slowly eroding, Russian Government promising to protect human rights, including the right to freedom of expression.


Montanan, Winter 2013, University Of Montana--Missoula Jan 2013

Montanan, Winter 2013, University Of Montana--Missoula

Montanan Magazine, 1969-2024

This is the magazine of the University of Montana with news about the University for UM alumni as well as current faculty, students, staff, and administrators. This is volume 30, number 1.


Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary Jan 2013

Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary

Articles

No abstract provided.


The Imperative Of Eyewitness Identification Reform And The Role Of Police Leadership, Rebecca Brown, Stephen Saloom Jan 2013

The Imperative Of Eyewitness Identification Reform And The Role Of Police Leadership, Rebecca Brown, Stephen Saloom

University of Baltimore Law Review

No abstract provided.


Expectations Of Privacy In Social Media, Stephen E. Henderson Jan 2013

Expectations Of Privacy In Social Media, Stephen E. Henderson

MC Law Review

No abstract provided.


Eastern Michigan University Graduate Catalog, 2013-2014, Office Of The Registrar Jan 2013

Eastern Michigan University Graduate Catalog, 2013-2014, Office Of The Registrar

Graduate Catalogs

No abstract provided.


The Supreme Court’S Emerging Jurisprudence On The Punishment Of Juveniles: Legal And Policy Implications, Joanna L. Visser, Jeffrey L. Shook Jan 2013

The Supreme Court’S Emerging Jurisprudence On The Punishment Of Juveniles: Legal And Policy Implications, Joanna L. Visser, Jeffrey L. Shook

Court Review: Journal of the American Judges Association

In the 1980s and 1990s, nearly every state enacted legislative changes that eased the process of treating juveniles as adults. Scholars seeking to understand the consequences of these changes have found evidence of an increase in the number of juveniles transferred to criminal court and sentenced as adults. As part of this increase, the number of juveniles receiving sentences of life without the opportunity for parole (LWOP) rose substantially. In fact, a large majority of the approximately 2,600 individuals serving LWOP sentences for crimes committed as juveniles (under age 18) were sentenced over the last several decades. LWOP sentences for …