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2015

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Improving The Federal Procedure For Imposing Recycled Conditions Of Supervised Release, Jonathan R. Myers Jan 2015

Improving The Federal Procedure For Imposing Recycled Conditions Of Supervised Release, Jonathan R. Myers

Brooklyn Law Review

No abstract provided.


An Impaired State Of The Law: Why New York's Approach To Linguistic Minorities And Roadway Safety Is Shortsighted, Shaunak Shah Jan 2015

An Impaired State Of The Law: Why New York's Approach To Linguistic Minorities And Roadway Safety Is Shortsighted, Shaunak Shah

Brooklyn Law Review

No abstract provided.


Breaching And Entering: When Data Scraping Should Be A Federal Computer Hacking Crime, Myra F. Din Jan 2015

Breaching And Entering: When Data Scraping Should Be A Federal Computer Hacking Crime, Myra F. Din

Brooklyn Law Review

The Computer Fraud and Abuse Act (CFAA) is a federal statute designed to combat computer hacking. The Act proscribes accessing data without authorization. Federal circuits have interpreted “authorization” both broadly and narrowly, resulting in a circuit split. Whereas the First, Fifth, and Eleventh Circuits have held that misuse of computer access can constitute hacking under the CFAA, the Fourth and Ninth Circuits have held that scrapers must circumvent a code or technical barrier in order to satisfy the CFAA’s mens rea requirement. This note focuses on the conduct of data scrapers. Scrapers are computer programs that aggregate data from various …


Restructuring Clemency: The Cost Of Ignoring Clemency And A Plan For Renewal, Rachel E. Barkow, Mark Osler Jan 2015

Restructuring Clemency: The Cost Of Ignoring Clemency And A Plan For Renewal, Rachel E. Barkow, Mark Osler

University of Chicago Law Review

No abstract provided.


The Child Quasi Witness, Richard D. Friedman, Stephen J. Ceci Jan 2015

The Child Quasi Witness, Richard D. Friedman, Stephen J. Ceci

University of Chicago Law Review

No abstract provided.


Programming Errors: Understanding The Constitutionality Of Stop-And-Frisk As A Program, Not An Incident, Tracey L. Meares Jan 2015

Programming Errors: Understanding The Constitutionality Of Stop-And-Frisk As A Program, Not An Incident, Tracey L. Meares

University of Chicago Law Review

No abstract provided.


Two More Ways Not To Think About Privacy And The Fourth Amendment, David Alan Sklansky Jan 2015

Two More Ways Not To Think About Privacy And The Fourth Amendment, David Alan Sklansky

University of Chicago Law Review

No abstract provided.


Juvenile-Sex-Offender Registration: An Impermissible Life Sentence, Robin Walker Sterling Jan 2015

Juvenile-Sex-Offender Registration: An Impermissible Life Sentence, Robin Walker Sterling

University of Chicago Law Review

No abstract provided.


How The Fourth Amendment And The Separation Of Powers Rise (And Fall) Together, Aziz Z. Huq Jan 2015

How The Fourth Amendment And The Separation Of Powers Rise (And Fall) Together, Aziz Z. Huq

University of Chicago Law Review

This Essay explores an entanglement of ends and means between two seem-ingly disparate parts of the Constitution: the Fourth Amendment and the separation of powers. Not only do these two elements of the Constitution share a common ambition; they are also intertwined in practical operation. The vindication of Fourth Amendment interests, however defined, depends on a measure of institutional differentiation between the branches of government. That predicate, however, has eroded over time. In its absence, difficult questions arise about how Fourth Amendment values are best implemented and whether their realization will in the end hinge on private rather than on …


Naming Men As Men In Corporate Legal Practice: Gender And The Idea Of “Virtually 24/7 Commitment” In Law, Richard Collier Jan 2015

Naming Men As Men In Corporate Legal Practice: Gender And The Idea Of “Virtually 24/7 Commitment” In Law, Richard Collier

Fordham Law Review

This Article seeks to reframe and turn the conversation about gender equity in the legal profession on its head, taking up Hannah Brenner’s recent call to reconceptualize problems and rethink solutions around gender equity in the profession. It does so by moving beyond the frame of the retention of women and exploring selected aspects of the gendered practices of men in relation to this notion of the ideal legal professional in large transnational “city” law firms. The Article traces how particular ideas about men and gender are, on closer examination, implicated in a broader recasting of lawyer professionalism within the …


The Mirage Of Immigration Reform, Marcia A. Yablon-Zug Jan 2015

The Mirage Of Immigration Reform, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.


Women And Children: The Cutting Edge Of International Law, Radhika Coomaraswamy Jan 2015

Women And Children: The Cutting Edge Of International Law, Radhika Coomaraswamy

American University International Law Review

No abstract provided.


Prosecutorial Discretion In The Investigation And Prosecution Of Massive Human Rights Violations: Lessons From The Argentine Experience, Mariano Gaitan Jan 2015

Prosecutorial Discretion In The Investigation And Prosecution Of Massive Human Rights Violations: Lessons From The Argentine Experience, Mariano Gaitan

American University International Law Review

No abstract provided.


Rights At Risk In Privatized Public Housing, Jaime Alison Lee Jan 2015

Rights At Risk In Privatized Public Housing, Jaime Alison Lee

Tulsa Law Review

No abstract provided.


The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum Jan 2015

The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum

Psychology Faculty Scholarship

We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …


A Historical Review And Resource Guide To The Scholarship Of Teaching And Training In Psychology And Law And Forensic Psychology, Cynthia J. Najdowski, Bette L. Bottoms, Margaret C. Stevenson, Jennifer C. Veilleux Jan 2015

A Historical Review And Resource Guide To The Scholarship Of Teaching And Training In Psychology And Law And Forensic Psychology, Cynthia J. Najdowski, Bette L. Bottoms, Margaret C. Stevenson, Jennifer C. Veilleux

Psychology Faculty Scholarship

The field of psychology and law, including forensic psychology, is an exciting concentration of research activity and student training and has grown rapidly, but to what extent have teaching and training efforts in the field been systematically catalogued and evaluated? We conducted a historical review and content analysis of the American and Canadian literature on the scholarship of teaching and training in the field. This review catalogs (a) information related to the development of training and teaching, (b) descriptions of programs and courses at various levels, and (c) articles on teaching resources or techniques in this field. We hope it …


Restorative Justice: Review Of Existing Literature, International Norms And Best Practice., Princess Chavez, Christine Cinco, Darragh Drennan Jan 2015

Restorative Justice: Review Of Existing Literature, International Norms And Best Practice., Princess Chavez, Christine Cinco, Darragh Drennan

Students Learning with Communities

This report is an annotated bibliography of literature on the practice of restorative justice. It is divided into sections focused on specific aspects of restorative justice and the experiences of a number of European jurisdictions. Each section contains a brief overview of the materials discussed and an exposition of a number of relevant articles. The students completed this research as part of the LLB Bachelor of Law programme. This project was designed and completed in collaboration with the Irish Penal Reform Trust


A Postcolonial Theory Of Spousal Rape: The Carribean And Beyond, Stacy-Ann Elvy Jan 2015

A Postcolonial Theory Of Spousal Rape: The Carribean And Beyond, Stacy-Ann Elvy

Michigan Journal of Gender & Law

Many postcolonial states in the Caribbean continue to struggle to comply with their international treaty obligations to protect women from sexual violence. Reports from various United Nations programs, including UNICEF, and the annual U.S. State Department Country Reports on Antigua and Barbuda, the Bahamas, Barbados, Dominica, Jamaica, and Saint Lucia (“Commonwealth Countries”), indicate that sexual violence against women, including spousal abuse, is a significant problem in the Caribbean. Despite ratification of various international instruments intended to eliminate sexual violence against women, such as the Convention on the Elimination of All Forms of Discrimination Against Women, Commonwealth Countries have retained the …


Aspire, University Of Michigan Law School Jan 2015

Aspire, University Of Michigan Law School

Miscellaneous Law School History & Publications

Recruitment pamphlet with information about the University of Michigan Law School alumni careers.


2015 Winter Class Schedule, University Of Michigan Law School Jan 2015

2015 Winter Class Schedule, University Of Michigan Law School

Class Schedules

Class schedule for the 2015 Winter semester at the University of Michigan Law School


"The Classical School, Deterrence Theory, And Zero Tolerance" An Analysis Of A Mandatory Zero Tolerance Sanctioning Policy In Relation To The Classical School Of Criminology And Deterrence Theory, Adam Saeler Jan 2015

"The Classical School, Deterrence Theory, And Zero Tolerance" An Analysis Of A Mandatory Zero Tolerance Sanctioning Policy In Relation To The Classical School Of Criminology And Deterrence Theory, Adam Saeler

School of Criminal Justice Theses and Dissertations

Mandatory sentences, and especially those that promote severe detention lengths, have become a popular mechanism in the fight against crime, but are they effective? Certain Sanctions, an adult probation-based sanctioning mandate, is an example of one such mandatory policy that emphasizes harsh sanctions in order to promote reduced future criminality. The philosophy behind such a device fits well into the theoretical framework of deterrence theory in that quick, severe sanctions ought to reduce future criminality. However, little research exists regarding the effectiveness of such a mandatory probation-based sanction policy with regards to the reduction of future criminality. Furthermore, the impact …


Juvenile Sentencing Post-Miller: Preventive And Corrective Measures, Cara H. Drinan Jan 2015

Juvenile Sentencing Post-Miller: Preventive And Corrective Measures, Cara H. Drinan

Scholarly Articles

At the end of the twentieth century, the United States was an international outlier in the severity of its juvenile sentencing practices despite having invented the juvenile court model one century earlier. Today, juvenile sentencing reform is underway, particularly in the wake of recent Supreme Court decisions that have cabined the states’ capacity to impose extreme sentences on juveniles. In this Article, I propose two additional reform measures that would help to rationalize the sentences imposed on children in the American criminal justice system—one on the front end of the system and one on the back end. In particular, on …


The Role Of Non-Governmental Organizations In Advancing International Criminal Justice, Charles C. Jalloh Jan 2015

The Role Of Non-Governmental Organizations In Advancing International Criminal Justice, Charles C. Jalloh

Articles

This article examines the role of non-governmental organizations (NGOs) in advancing international criminal justice. I argue that NGOs have had considerable impact by contributing, among other things, to the global struggle against impunity through advocacy for the creation of more robust institutional mechanisms to prosecute those who perpetrate such crimes. This ranges from supporting the processes that led to the creation of several ad hoc international tribunals for Yugoslavia, Rwanda and Sierra Leone, all the way through to their support for the establishment of an independent permanent international penal court based in The Hague. The crux of my claim is …


Our Uneasiness With Police Unions: Power And Voice For The Powerful?, Marcia L. Mccormick Jan 2015

Our Uneasiness With Police Unions: Power And Voice For The Powerful?, Marcia L. Mccormick

Saint Louis University Public Law Review

No abstract provided.


Civil Disabilities In An Era Of Diminishing Privacy: A Disability Approach For The Use Of Criminal Records In Hiring, Andrew Elmore Jan 2015

Civil Disabilities In An Era Of Diminishing Privacy: A Disability Approach For The Use Of Criminal Records In Hiring, Andrew Elmore

Articles

No abstract provided.


Serial: The Presumption Of Guilt, Staff Editors Jan 2015

Serial: The Presumption Of Guilt, Staff Editors

University of Baltimore Law Review

Below is a transcript of a panel discussion with key participants in the defense of Adnan Syed which inspired the popular Serial podcast. The Student Bar Association of the University of Baltimore School of Law hosted the event on February 12, 2015.


It's "Exhausting": Reconciling A Prisoner's Right To Meaningful Remedies For Constitutional Remedies For Constitutional Violations With The Need For Agency Autonomy, Allen E. Honick Jan 2015

It's "Exhausting": Reconciling A Prisoner's Right To Meaningful Remedies For Constitutional Remedies For Constitutional Violations With The Need For Agency Autonomy, Allen E. Honick

University of Baltimore Law Review

This Comment will address the inadequacy and injustice of the PLRA, specifically the “proper exhaustion” rule as expressed in Woodford v. Ngo. “Proper exhaustion” means that “a prisoner must complete the administrative review process in accordance with applicable procedural rules, including deadlines, as a precondition to bringing suit in federal court.” Failure to adhere to even the slightest procedural requirement is sufficient to warrant procedural default, i.e., a dismissal regardless of the merits of the underlying claim. The PLRA seeks to achieve laudable ends, but the means by which it does so leave much to be desired.


Intergrating Skills And Collaborating Across Law Schools: An Example From Immigration Law, Anna R. Welch Jan 2015

Intergrating Skills And Collaborating Across Law Schools: An Example From Immigration Law, Anna R. Welch

Faculty Publications

This Essay discusses the design and implementation of introductory Immigration Law courses taught at two different law schools, Western State College of Law in Orange County, California and the University of Maine Law School in Portland, Maine. Although the courses took place on opposite coasts and did not engage in a formal partnership that was visible to students, the authors deliberately planned the courses in close collaboration with one another behind the scenes. In doing so, the courses shared the explicit goal of increasing students’ exposure to practical lawyering skills while reinforcing students’ understanding of the substantive immigration laws. This …


Surveillance, Knowledge And Inequality: Understanding Power Through Foucault And Beyond., Simon Purdy Jan 2015

Surveillance, Knowledge And Inequality: Understanding Power Through Foucault And Beyond., Simon Purdy

The Hilltop Review

Understanding a concept as complex as power, in the social sciences, can often be a daunting task. In order to fully comprehend power, it is therefore necessary to examine it through the lens of other issues and theoretical devices. In this paper, power is approached through an examination of surveillance and associated technologies. Utilizing the theoretical work of Michel Foucault, and stepping beyond this basic groundwork, we explore the contentions surrounding the study of power within sociology, the ways in which surveillance constitutes and even threatens structures of power. The paper concludes with an analysis of inequality, welfare and the …


An Unfinished Journey: The Evolution Of Crime Measurement In The United States, Daniel J. Patten Jan 2015

An Unfinished Journey: The Evolution Of Crime Measurement In The United States, Daniel J. Patten

The Hilltop Review

This article traces the history of crime measurement in the United States beginning with the U.S. census in 1790 while exploring several key pieces of history that influenced how crime is measured today. After discussing the origins of the U.S. census and its contributions to measuring crime, the Chicago School of Sociology is observed for its monumental influence on early criminology in America. Next, the division of sociology and criminal justice into two distinct fields had major implications for measuring crime. How crime is measured is often attributed to the ideological differences between these academic fields. Then, the three primary …