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Informal Collateral Consequences, Wayne A. Logan

Washington Law Review

After a thirty-year punitive binge, the nation is in the process of awakening to the vast array of negative effects flowing from its draconian crime control policies. The shift is perhaps most evident in the realm of corrections, which since the early 1980s has experienced unprecedented population growth. Driven by a number of factors, not the least of which is the enormous human and financial cost of mass incarceration, policy makers are now shrinking prison and jail populations and pursuing cheaper non-brick-and-mortar social control options. This Essay examines another facet of the shift: increasing concern over collateral consequences, the many …

A New Approach To Digital Reader Privacy; State Regulations And Their Protection Of Digital Book Data, Andrew A. Proia

Indiana Law Journal

No abstract provided.

Youth Transitions Advisory Council Annual Report 2013, Tennessee. Commission On Children And Youth.

Youth Transitions Advisory Council

No abstract provided.

Victimology, Personality, And Hazing: A Study Of Black Greek-Letter Organizations, Gregory S. Parks, E. Shayne, Matthew W. Hughey

North Carolina Central Law Review

No abstract provided.

End Of The Chase: Using North Carolina As A Guide For Ending Other States' Video Sweepstakes Legislative Merry-Go-Round In The Wake Of Hest Technologies V. North Carolina, Wesley Ryan Shelley

North Carolina Central Law Review

No abstract provided.

Unopa Notes, Volume 52, Issue 2, October 2013

UNOPA: Newsletters

No abstract provided.

What Matters More: A Day In Jail Or A Criminal Conviction?, John P. Gross

William & Mary Bill of Rights Journal

No abstract provided.

The Eighth Amendment As A Warrant Against Undeserved Punishment, Scott W. Howe

William & Mary Bill of Rights Journal

Should the Eighth Amendment prohibit all undeserved criminal convictions and punishments? There are grounds to argue that it must. Correlation between the level of deserts of the accused and the severity of the sanction imposed represents the very idea of justice to most of us. We want to believe that those branded as criminals deserve blame for their conduct and that they deserve all of the punishment they receive. A deserts limitation is also key to explaining the decisions in which the Supreme Court has rejected convictions or punishments as disproportional, including several major rulings in the new millennium. Yet, …

Southern Educator, Georgia Southern University

College of Education: News & Publications (2003-2023)

• Two COE Alumni Named Georgia's 2013 National Distinguished Principals
• Goizueta Chair Receives U.S. DOE Award for Project ESCOLAR
• COE Offers Google Apps Training to K­12 Educators
• Around COE

A Right To Remain Psychotic? A New Standard For Involuntary Treatment In Light Of Current Science, Elizabeth Bennion

Loyola of Los Angeles Law Review

Mass shootings, such as the killing of school children and staff in Newtown, Connecticut, have provided brutal reminders of inadequacies in our nation’s mental health system. In the wake of these shootings, President Obama asserted that “[w]e are going to need to work on making access to mental health care as easy as access to a gun.” But what should society do when the person needing mental health treatment refuses care—when the problem is not rooted in access but in free will? When is involuntary treatment justified? In deciding whether to forcibly medicate, multiple interests come into play, including patient …

Toward A Jurisprudence Of Free Expression In Russia: The European Court Of Human Rights, Sub-National Courts, And Intersystemic Adjudication, Robert B. Ahdieh, H. Forrest Flemming

Faculty Scholarship

Protection of free expression in Russia is headed the wrong direction, but one institution may still be able to slow its backward slide: the Russian judiciary. In particular, sub-national courts-those operating at the ground level-have the potential to shape a renewed jurisprudence of free expression in Russia. To encourage as much, the European Court ofHuman Rights (ECHR) should engage the Russian courts in a pattern of "intersystemic adjudication, "pressing them to embrace ideas about the role of courts, the law, human rights, and free expression more in line with international norms. Hopefully, this can reverse Russia's current path toward the …

Juvenile Justice Referrals In Alaska, 2003-2013, Khristy Parker, Brad A. Myrstol

AJSAC Fact Sheet

This fact sheet presents summary information on referrals made by Alaska law enforcement agencies to the Alaska Division of Juvenile Justice (DJJ) for for state fiscal years 2003–2013. The report presents data on the number of juveniles referred to DJJ, number of referrals made, charges by class and offense type, and demographic information on referred juveniles. Data is drawn from the DJJ Data Trends website.

Parallel Investigations Between Administrative And Law Enforcement Agencies: A Question Of Civil Liberties, Shiv Narayan Persaud

University of Dayton Law Review

No abstract provided.

Targeting And The Concept Of Intent, Jens David Ohlin

Cornell Law Faculty Publications

International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems, often civil law jurisdictions, prosecutors, judges and even scholars have progressively …

What's In A Name? A Case For Including Biometric Identifiers On Arrest Warrants, Ryan Webb

Loyola of Los Angeles Law Review

Too often, innocent individuals sharing the same name and physical characteristics as the subject of an arrest warrant are misidentified and mistakenly held by law enforcement. The use of biometric identifiers, commonly known as fingerprint identification numbers, would help reduce the number of false arrests because a person’s fingerprints are entirely unique to that individual. Hearkening back to 1894, the Supreme Court’s prevailing interpretation of the particularity requirement of arrest warrants mandates only that the warrant include a subject’s name or general physical description. With such a low threshold to establish a facially valid warrant, law enforcement officers are essentially …

Implementing Hotspot Policing: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

Crime has the power to disrupt our communities in many ways. It unearths feelings of anger and fear, promotes vulnerability, and often results in effects that remain long after the crime has been committed. Those enlisted to protect society attempt to target criminal acts before they occur, and often employ tactics that predict future criminal behavior. It often seems that officers have solved a particular issue and extinguished crime in a problem area, but discover it was only pushed into another community. This compilation of research analyzes the nature of crime and attempts to provide solutions for the ongoing study …

Beyond Brown: Opportunity Versus Equality As An Empowerment Norm: An Essay For Owen Fiss, George L. Priest

University of Miami Law Review

No abstract provided.

Fact Book 2013, Uno Office Of Institutional Effectiveness

Fact Book

The Fact Book presents important campus information in data tables and charts. Included are details regarding students, faculty, staff, and alumni. Generally, data are broken out by college, rank, level, gender, age and ethnicity for both spring and fall semesters, past to present. There are a few academic year tables that include information on tuition & fees, student credit hours by program, and degrees conferred. We wish to thank the many individuals and departments at the University for their contributions to the Fact Book.

Assessing Youth Early In The Juvenile Justice System, Anne M. Hobbs, Timbre Wulf-Ludden, Jenna Strawhun

Academic Publications

Unnecessary involvement in the juvenile justice system generally results in negative long-term outcomes (Annie E. Casey Foundation Website, 2008). The problem lies in determining when involvement is unnecessary and when it is necessary. A juvenile’s path to detention often begins years prior. Research indicates that unnecessary court involvement may contribute to worse outcomes, which can ultimately culminate in detention (Holman & Ziedenberg, 2006). Youth who are formally processed through court are more likely to be under closer supervision, which, in turn, increases their chances of being caught violating curfew, missing school, or committing another technical violation. To test the effect …

Restorative Justice: Reflectionson Theory And Practice From Within The Nova Scotia Community Universityresearch Alliance, Jennifer Llewellyn, Bruce Archibald

Dalhousie Law Journal

Dear Readers, This issue of the Dalhousie Law Journal features research from the Nova Scotia Restorative Justice Community University Research Alliance (NSRJ-CURA) a collaborative research alliance involving community, government and university partners. The Schulich School ofLaw at Dalhousie University has been the intellectual home forthe NSRJ-CURA since 2006. The NSRJ-CURA has focused on research related to the conceptualization and institutionalization of a restorative approach to justice. The experience of Nova Scotia's restorative justice program which is among the world leaders in the area has served as a focal point and learning laboratory for this research.

The Effects Of Regulated Discretion On Police Referrals To Restorative Justice, Diane Crocker

Dalhousie Law Journal

The Nova Scotia Restorative Justice Program relies heavily on referrals from police who are authorized to refer a range of property and both violent and non-violent offences. Federal legislation and provincialprotocols guide referral decisions. Both are designed to ensure that police consider extra-judicial measures, including restorative justice. This article reports the findings ofa surveyof police officers on their views of restorative justice and the types of cases they consider appropriate for a referral. The findings confirm what other researchers have found about the types of cases police officers prefer to divert from mainstream criminal justice responses. Placed in the context …

Getting Past The Gatekeepers: The Reception Of Restorative Justice Inthe Nova Scotian Criminal Justice System, Don Clairmont, Ethan Kim

Dalhousie Law Journal

This paper draws upon twelve years of multi-dimensional research and focuses on the reception of restorative justice in the criminal justice system in Nova Scotia. The paper traces the evolution of the restorative justice social movement, examining the launching and take-off phases, the impact on the police gatekeeping role, the receptivity and use of restorative justice by other criminal justice system professionals, its current level of institutionalization in the criminal justice system, and its future prospects.

Restorative Justice And Gendered Violence? From Vaguely Hostile Skeptic To Cautious Convert: Why Feminists Should Critically Engage With Restorative Approaches To Law, Melanie Randall

Dalhousie Law Journal

Legalremedies for crimes ofgendered violence that are more effective, expansive, creative, victim-centred, and victim-sensitive are urgently needed. The author argues that restorative justice is one promising approach -which warrants critical engagement and, more importantly, requires input from feminists in their efforts to end violence against women. The paper concludes with some key principles and recommended directions for further engagement between feminists and proponets of restorative justice in the development of approaches to the harms of gendered violence.

A Comment On "No Comment": The Sub Judice Rule And The Accountability Of Public Officials Inthe 21st Century, Lorne Sossin, Valerie Crystal

Dalhousie Law Journal

The sub judice rule is a rule of court, a statutory rule, a Parliamentary convention and a practice that has developed in the interaction between media and public officials. At its most basic, the sub judice rule prohibits the publication of statements which may prejudice court proceedings. This study examines the nature, rationale and scope ofthe sub judice rule. The authors provide an account of the current state of the rule, and highlight areas where more clarity would be desirable. The authors propose a more coherent approach to the sub jud ice rule, more clearly rooted in the concern over …

The Discovery And Assimilation Of British Constitutional Law Principles In Quebec, 1764-1774, Michel Morin

Dalhousie Law Journal

This paper examines information available to Francophone persons regarding their rights as British subjects prior to the adoption of the Quebec Act of 1774, as well as the use they made of these concepts. The bilingual Quebec Gazette reported on legal developments in France, England, and the American colonies, including challenges to the traditional vision of governmental authority. It discussed the right to be taxed by elected representatives and the conflicts between the metropolis and the colonies. Debates about these issues are thought to have appeared in Quebec only after the beginning of the American Revolution, but they circulated earlier …

Feeling Relational: The Use Of Buddhist Meditation In Restorative Practices, Gordon Shotwell

Dalhousie Law Journal

Some theorists have argued that restorative justice can be defined as a theory of justice based on the. relationality of self-the idea that the self exists in and through its relationships with others. This account of self, while analytically compelling, conflicts with our intuitions of individuality I argue that Buddhist metaphysics provides an explanation of this conflict, and that meditation practice can help restorative justice practitioners develop an intuitive understanding of the relationality of self.

Imagining Success For A Restorative Approach To Justice: Implications For Measurement And Evaluation, Jennifer J. Llewellyn, Bruce P. Archibald, Don Clairmont, Diane Crocker

Dalhousie Law Journal

Whether restorative justiceis "successful," or not, is a complex question. Attempts to answer this question by practitioners, professionals, and scholars have often been bounded by common notions of success in standard criminal justice terms. The authors of this paper suggest that ifrestorative justice is properly understood in terms of its focus on relationship, success should be measured on new and different dimensions. This paper seeks to bring a relational imagination to the scholarly effort of capturing the essence ofrestorative justice and figuring out how to assess its successes and failures. The authors offer a foundation and agenda for future research …

African Nova Scotian Restorative Justice: A Change Has Gotta Come, Michelle Y. Williams

Dalhousie Law Journal

Anti-Black racism in the criminal justice system is a concern for people ofAfrican descent throughout the diaspora, including Nova Scotia-a province shaped by slavery and segregation. A relational theory of restorative justice suggests that a restorative approach to criminal harms could yield transformational results within and beyond the criminal justice system. Using a critical race analysis, this paper demonstrates that despite the theoretical promise, restorative justice practice in Nova Scotia has not met the needs of African Nova Scotians nor fundamentally transformed structural racism within the system. The author concludes that a culturally specific, community-led African Nova Scotian justice strategy …

Trauma-Informed Approaches To Law: Why Restorative Justice Must Understand Trauma And Psychological Coping, Melanie Randall, Lori Haskell

Dalhousie Law Journal

Becoming trauma informed entails becoming more astutely aware of the ways in which people who are traumatized have their life trajectories shaped by the experience and its effects, and developing policies and practices which reflect this understanding. The idea that lawand, in particular the criminaljustice system, should be trauma informed is novel, and, as a result, quite underdeveloped. In this paper we advance the general argument that more effective, fair, intelligent, and just legal responses must work from a perspective which is trauma informed. We specifically apply this argument to legal work being carried out and developed under the rubric …

Taylor: A Magazine For Taylor University Alumni, Parents And Friends (Fall 2013), Taylor University

The Taylor Magazine (1963-Present)

The Fall 2013 edition of Taylor Magazine, published by Taylor University in Upland, Indiana.