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Articles 2581 - 2610 of 3082
Full-Text Articles in Entire DC Network
Are Tax Exemptions For "Churches" A Blessing Or A Curse For Taxpayers?, Hannah Bauman
Are Tax Exemptions For "Churches" A Blessing Or A Curse For Taxpayers?, Hannah Bauman
Honors Theses
This paper focuses on the rules and requirements governing the participation of religious organizations as defined in IRC § 501(c)(3) in the political process. Included in this is a study of historical events and case law both for and against the participation of religious organizations in politics.
When Does A Juvenile Become An Adult? Implications For Law And Policy, Alexandra O. Cohen, Richard J. Bonnie, Kim A. Taylor-Thompson, B J. Casey
When Does A Juvenile Become An Adult? Implications For Law And Policy, Alexandra O. Cohen, Richard J. Bonnie, Kim A. Taylor-Thompson, B J. Casey
Faculty Articles
The U.S. Supreme Court has issued a series of landmark decisions regarding the culpability of juveniles under the age of eighteen and has increasingly referenced developmental science in these opinions. Still, the line between juvenile court jurisdiction and criminal court jurisdiction varies widely among state laws, as do the minimum ages for other legal or regulatory purposes. Although the operative age of “adulthood” typically falls somewhere between the ages of eighteen and twenty-one, it has been set lower in some important policy contexts, such as the age at which an adolescent is subject to criminal prosecution and punishment. Legal distinctions …
The New Public, Sarah A. Seo
The New Public, Sarah A. Seo
Faculty Articles
By exploring the intertwined histories of the automobile, policing, criminal procedure, and the administrative state in the twentieth-century United States, this Essay argues that the growth of the police’s discretionary authority had its roots in the governance of an automotive society. To tell this history and the proliferation of procedural rights that developed as a solution to abuses of police discretion, this Essay examines the life and oeuvre of Charles Reich, an administrative-law expert in the 1960s who wrote about his own encounters with the police, particularly in his car. The Essay concludes that, in light of this regulatory history …
Secret Policing, Barry Friedman
Secret Policing, Barry Friedman
Faculty Articles
This is a paper about secrecy and policing. It is written at a time of intense discussion about policing in America. There is widespread concern that policing agencies have lost the trust of the communities they are charged to police, and that the "legitimacy" of policing is at risk. Part of what is needed, no doubt, is greater transparency around policing. People do not trust those who keep secrets from them. But it goes beyond that. For too long policing has operated aloof from the regular workings of democracy. And there cannot be democratic engagement with policing if what those …
Bureaucratic Administration: Experimentation And Immigration Law, Joseph Landau
Bureaucratic Administration: Experimentation And Immigration Law, Joseph Landau
Faculty Scholarship
In debates about executive branch authority and policy innovation, scholars have focused on two overarching relationships—horizontal tension between the president and Congress and the vertical interplay of federal and state authority. However, these debates have overlooked the role of frontline bureaucratic officials in advancing the laws they administer. This Article looks to immigration law—in which lower-level federal officers exercise discretion delegated down throughout federal agencies—to identify how bottom-up agency influences can inform categorical, across-the-board executive branch policy. In this Article, I argue that decisions by frontline officers can and should be better harnessed to pair local laboratories of executive experimentation …
Assessing Individual Transit Vulnerability To Nuisance Flooding In The Charleston, Sc Area, Sumathee Selvaraj
Assessing Individual Transit Vulnerability To Nuisance Flooding In The Charleston, Sc Area, Sumathee Selvaraj
Theses and Dissertations
Minor coastal flooding, also known as nuisance flooding, is projected to be more frequent due to relative sea level rise. Nuisance flood events in Charleston have resulted in various social impacts caused by road closures, traffic disruptions, and economic losses. This thesis presents research conducted to understand the dimensions of individual transit vulnerability to nuisance flooding and how transit vulnerability will be affected by increased extents of nuisance flooding driven by rising sea levels and heavy rainfall. Mixed methods were used to conduct this research in Berkley, Charleston, and Dorchester Counties, South Carolina. An electronic, in-person survey was administered at …
The Impact Of Deinstitutionalization On Murders Of Law Enforcement Officers, Xueyi Xing
The Impact Of Deinstitutionalization On Murders Of Law Enforcement Officers, Xueyi Xing
Theses and Dissertations
Occupational risk of violent victimization is a serious concern for law enforcement officers. However, there have been virtually no studies that examined the relationship between the incidence of police officer homicide victimization and the deinstitutionalization movement during which large number of persons with mental illness were released back into communities, often without adequate support systems. Research has shown that persons with certain types of mental illness have a greater propensity for violent behavior if they fail to take prescribed medications and/or abuse illicit substances. Since police are most often the first responders to persons with mental illness in crisis, increases …
Procedural Justice And Policing: Four New Directions, Rebecca Hollander-Blumoff
Procedural Justice And Policing: Four New Directions, Rebecca Hollander-Blumoff
Washington University Journal of Law & Policy
This Article, by Professor Rebecca Hollander-Blumoff from Washington University School of Law in St. Louis, analyzes the concept of procedural justice within the frame of contemporary policing. Using the shooting of Michael Brown as a catalyst, Hollander-Blumoff advocates for four potential areas of future development in procedural justice: (1) the interaction between the research on self-control and procedural justice; (2) research on the tools most effective in creating positive perceptions of fairness by police; (3) the implications of treating procedural justice not as a dynamic interchange; and (4) the role of reactive devaluation as it might affect reaction to procedural …
Scaling Up Strategies Of The Chronic Respiratory Disease Programme Of The European Innovation Partnership On Active And Healthy Ageing (Action Plan B3: Area 5), J Bousquet, J. Farrell, G. Crooks, P. Hellings, E. H. Bel, M. Bewick, N. H. Chavannes, Sousa Jc De, A. A. Cruz, T. Haahtela, G. Joos, N. Khaltaev, J. Malva, A. Muraro, M. Nogues, S. Palkonen, S. Pedersen, C. Robalo-Cordeiro, B. Samolinski, T. Strandberg, A. Valiulis, A. Yorgancioglu, T. Zuberbier, A. Bedbrook, W. Aberer, M. Adachi, A. Agusti, Ca Akdis, M Akdis, J. Ankri
Scaling Up Strategies Of The Chronic Respiratory Disease Programme Of The European Innovation Partnership On Active And Healthy Ageing (Action Plan B3: Area 5), J Bousquet, J. Farrell, G. Crooks, P. Hellings, E. H. Bel, M. Bewick, N. H. Chavannes, Sousa Jc De, A. A. Cruz, T. Haahtela, G. Joos, N. Khaltaev, J. Malva, A. Muraro, M. Nogues, S. Palkonen, S. Pedersen, C. Robalo-Cordeiro, B. Samolinski, T. Strandberg, A. Valiulis, A. Yorgancioglu, T. Zuberbier, A. Bedbrook, W. Aberer, M. Adachi, A. Agusti, Ca Akdis, M Akdis, J. Ankri
School of Psychology
No abstract provided.
Treasurer's Report, For The Fiscal Year Ended June 30, 2016, Tennessee. Department Of Treasury
Treasurer's Report, For The Fiscal Year Ended June 30, 2016, Tennessee. Department Of Treasury
Treasurer's Reports
No abstract provided.
Does Justice Exist?: An Examination Of The Association Between Race And Perceptions Of The Criminal Justice System., Catina Antionette Polk
Does Justice Exist?: An Examination Of The Association Between Race And Perceptions Of The Criminal Justice System., Catina Antionette Polk
Wayne State University Theses
This paper examines the association between race and perceptions of trust in the criminal justice system amongst five different racial groups. Sociologists have diligently worked towards determining the effects of race, on court decisions, because (1) it is an important social issue, (2) it is widely considered a testing ground for propositions derived from conflict theory, and (3) the research literature is laced with contradictory findings and conclusions (Unnever et al. 1980). The present study will determine if there is a disconnection between minority groups and the criminal justice system. Furthermore, it will discover if "blackness" alone is the factor …
Trafficking In Narratives: Conceptualizing And Recasting Victims, Offenders, And Rescuers In The War On Human Trafficking, Sabrina Balmgamwalla
Trafficking In Narratives: Conceptualizing And Recasting Victims, Offenders, And Rescuers In The War On Human Trafficking, Sabrina Balmgamwalla
Law Faculty Research Publications
Anti-trafficking laws emerge from a complex historical context, shaped in no small part by public perception of this highly complex problem. This Article explores and questions the headlines and examples that drove anti-trafficking reforms over the past century. These "trafficking narratives" have stimulated and shaped the response to trafficking both globally and domestically and have powerful implications for the evolving framework of protection and punishment. Specifically, this Article argues that the roles of "victims," "offenders," and "rescuers" serve as proxies for racialized and gendered assumptions about trafficking, which in turn are reflected in anti-trafficking law and enforcement. This Article builds …
The Real-World Fourth Amendment, Brent E. Newton
The Real-World Fourth Amendment, Brent E. Newton
UC Law Constitutional Quarterly
The Fourth Amendment's protections against unreasonable searches and seizures have resulted in a massive body of appellate case law, including several hundreds of decisions by the Supreme Court and many thousands of decisions by the lower courts. The Article, written by a former long-time public defender, provides a comprehensive and accessible survey of the Fourth Amendment as applied to recurring real-world situations in which a police officer or other governmental official engages in a search or seizure of property or a person. The Article addresses both "substantive" and "remedial" aspects of the Fourth Amendment in both criminal prosecutions and civil …
Police Bias In The Enforcement Of Drug Crimes: Evidence From Low Priority Laws, Gregory Deangelo, Kai Gittings, Amanda Ross, Annie Walker
Police Bias In The Enforcement Of Drug Crimes: Evidence From Low Priority Laws, Gregory Deangelo, Kai Gittings, Amanda Ross, Annie Walker
Economics Faculty Working Papers Series
We consider the impact of adoption of a low priority initiative in some jurisdictions within Los Angeles County on police behavior. Low priority initiatives instruct police to make the enforcement of low level marijuana possession offenses their ``lowest priority.'' Using detailed data from the Los Angeles County Sheriff's Department and a difference-in differences strategy, we show that the mandate resulted in a lower arrest rate for misdemeanor marijuana possession in adopting areas. However, the lower relative arrest rate is driven by a spike in the arrest rate in areas not affected by the mandate rather than a reduction in adopting …
Wanted For Being A Pregnant Teen: A Draconian Approach To Reducing Teen Pregnancy And Prosecuting Statutory Rape, Haddy Rikabi
Wanted For Being A Pregnant Teen: A Draconian Approach To Reducing Teen Pregnancy And Prosecuting Statutory Rape, Haddy Rikabi
Indiana Journal of Law and Social Equality
No abstract provided.
For The Protection Of Society's Most Vulnerable, The Ada Should Apply To Arrests, Thomas J. Auner
For The Protection Of Society's Most Vulnerable, The Ada Should Apply To Arrests, Thomas J. Auner
Loyola of Los Angeles Law Review
No abstract provided.
Of Progressive Property And Public Debt, Christopher K. Odinet
Of Progressive Property And Public Debt, Christopher K. Odinet
Faculty Scholarship
Debt is property, and, because of this, property law has a lot to say about how debts are resolved. Indeed, property law is deeply woven into the fabric of the bankruptcy process — a fact that has been woefully neglected by many scholars. The ability to provide debtors with relief and the ability of creditors to demand protections from discharge or diminished payments are both concepts that are intimately tied to property law. However, despite the doctrinal workings of property law in this context, from a theoretical standpoint property law has been underutilized. This is particularly true, as this Article …
The Adoption Of Mandatory Gunshot Wound Reporting Legislation In Canada: A Decade Of Tension In Lawmaking At The Intersection Of Law Enforcement And Public Health, Andrew Flavelle Martin
The Adoption Of Mandatory Gunshot Wound Reporting Legislation In Canada: A Decade Of Tension In Lawmaking At The Intersection Of Law Enforcement And Public Health, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
In 2005, Ontario adopted the Mandatory Gunshot Wounds Reporting Act. Over the following decade, seven other provinces and one territory adopted largely identical legislation. While these statutes require health facilities to report gunshot wounds to the police, they are mostly silent on what purpose this reporting is intended to achieve and how police are to use the reports to achieve it. This paper analyzes the legislative history across these nine jurisdictions to identify these features. It demonstrates that the statutes embody an unresolved tension between the purposes of public health and safety, on the one hand, and law enforcement on …
A Federal Certificate Of Rehabilitation Program: Providing Federal Ex-Offenders More Opportunity For Successful Reentry, Lisa A. Rich
A Federal Certificate Of Rehabilitation Program: Providing Federal Ex-Offenders More Opportunity For Successful Reentry, Lisa A. Rich
Faculty Scholarship
The purpose of this Article is to propose a new federal certificate of rehabilitation program. The creation of such a program not only would help the thousands of federal offenders released back into their communities every year overcome employment barriers but would also serve as a model for states to use in addressing the need of their own burgeoning population of former offenders. In order to understand the magnitude of the problem, it is essential to understand the pool of offenders affected by their criminal history, the intent of the federal agencies to assist this disadvantaged group, and the barriers …
Recalibrating The Scales Of Municipal Court Justice In Missouri: A Dissenter’S View, Kimberly Jade Norwood
Recalibrating The Scales Of Municipal Court Justice In Missouri: A Dissenter’S View, Kimberly Jade Norwood
Scholarship@WashULaw
This Article examines the inefficiencies of Missouri municipal courts that came into sharp focus following the killing of Michael Brown by Officer Darren Wilson in Ferguson, Missouri. Norwood details and expands on her lone dissent in the Final Report of the Municipal Division Work Group—a group created by the Missouri Supreme Court to address the alleged abuses of black and poor residents in Missouri. Norwood argues for consolidating failing municipal courts to create larger, more functional, and just courts.
The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton
The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton
CMC Senior Theses
This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …
Beyond Deportation: Understanding Immigration Prosecutorial Discretion And United States V. Texas, Shoba S. Wadhia
Beyond Deportation: Understanding Immigration Prosecutorial Discretion And United States V. Texas, Shoba S. Wadhia
Faculty Scholarship
In this article, I place the Supreme Court case of United States v. Texas into a broader context by describing the history and legal authority for prosecutorial discretion in immigration law and highlighting the contents and recommendations in my book, Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases. Part I of this article offers a primer on the role of prosecutorial discretion in immigration law and also describes two related programs announced by President Obama on November 20, 2014 and the subject of litigation for nearly two years as of this writing. Part II provides a history …
Is Immigration Law National Security Law?, Shoba S. Wadhia
Is Immigration Law National Security Law?, Shoba S. Wadhia
Faculty Scholarship
The debate around how to keep America safe and welcome newcomers is prominent. In the last year, cities and countries around the world, including Baghdad, Dhaka, Istanbul, Paris, Beirut, Mali and inside the United States - have been vulnerable to terrorist attacks and human tragedy. Meanwhile, the world faces the largest refugee crises since the Second World War.
This article is based on remarks delivered at Emory Law Journal’s annual Thrower Symposium on February 11, 2016. It explores how national security concerns have shaped recent immigration policy in the Executive Branch, Congress and the states and the moral, legal and …
Consent To Psychiatric Treatment: From Insight (Into Illness) To Incite (A Riot), Sheila Wildeman
Consent To Psychiatric Treatment: From Insight (Into Illness) To Incite (A Riot), Sheila Wildeman
Articles, Book Chapters, & Popular Press
The aim of this chapter is to go back to the basics on consent to treatment, starting with the right to refuse and building from there. Part II addresses the leading judicial statements on the value of medical self-determination, and in light of these statements, considers what is at stake in psychiatric treatment choice. Part III explores the three core elements of valid consent to treatment -- namely that consent be voluntary, informed and capable -- with attention to variation in the law amongst provinces and territories, and some lines of analysis and critique specifically applicable to mental health care …
Learning To Counter Mass Incarceration, Brett Dignam
Learning To Counter Mass Incarceration, Brett Dignam
Faculty Scholarship
Limited access to education inside American prisons imposes a devastating condition of confinement that cripples both the offender and the community. The prolonged and empty time that characterizes prison today affords little mental stimulation, productive engagement, or preparation for post-release employment. Recent research and analysis has found that education during incarceration correlates with lower rates of recidivism and increases the likelihood and quality of post-release employment. There is a pronounced racially disparate dimension to these effects that are concentrated in communities where investment by the criminal justice system is extraordinarily high. Failure to provide education and the resulting higher rates …
Art Prize Showcase, Emily Karsten, Abby Alden, Daniel Dyer, Ian Thompson
Art Prize Showcase, Emily Karsten, Abby Alden, Daniel Dyer, Ian Thompson
Environmental and Sustainability Studies Undergraduate Projects
No abstract provided.
You Can't Common What You Can't See: Towards A Restorative Polycentrism In The Governance Of Our Cities, Amy Laura Cahn, Paula Z. Segal
You Can't Common What You Can't See: Towards A Restorative Polycentrism In The Governance Of Our Cities, Amy Laura Cahn, Paula Z. Segal
Fordham Urban Law Journal
No abstract provided.
Stops And Stares: Street Stops, Surveillance, And Race In The New Policing, Jeffrey Fagan, Anthony A. Braga, Rod K. Brunson, April Pattavina
Stops And Stares: Street Stops, Surveillance, And Race In The New Policing, Jeffrey Fagan, Anthony A. Braga, Rod K. Brunson, April Pattavina
Fordham Urban Law Journal
No abstract provided.
Insanity Acquittees In The Community: Legal Foundations And Clinical Conundrums, Michael J. Vitacco
Insanity Acquittees In The Community: Legal Foundations And Clinical Conundrums, Michael J. Vitacco
Fordham Urban Law Journal
No abstract provided.
Street Stops And Police Legitimacy In New York, Jeffrey Fagan, Tom Tyler, Tracey L. Meares
Street Stops And Police Legitimacy In New York, Jeffrey Fagan, Tom Tyler, Tracey L. Meares
Faculty Scholarship
Police-initiated citizen encounters in American cities often are non-neutral events. Encounters range from routine traffic stops to police interdiction of pedestrians during their everyday movements through both residential and commercial areas to aggressive enforcement of social disorder offenses. As a crime detection and control strategy central to the “new policing,” these encounters often are unproductive and inefficient. They rarely result in arrest or seizure of contraband, and often provoke ill will between citizens and legal authorities that discourages citizen cooperation with police and compliance with law. In this chapter, we describe the range of potentially adverse reactions or harms that …