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Chapter 701: Protecting Low-Income Families Burdened By Property Taxes, Jessica Wellington

University of the Pacific Law Review

No abstract provided.

Sb 1052: Miranda Rights For Minors, Albert G. Mendoza

University of the Pacific Law Review

No abstract provided.

What California Can Learn From Colorado’S Marijuana Regulations, Sam Kamin

University of the Pacific Law Review

No abstract provided.

Collaborating Across The Walls: A Community Approach To Parole Justice, Michelle Lewin, Nora Caroll

All Categories

No abstract provided.

The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan D. Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman

UF Law Faculty Publications

This article describes the statutory recognition of the need for prevention/early intervention juvenile services in Florida that are both trauma-informed and gender-specific. It examines how childhood trauma can impact at-risk children and the gendered aspects of such trauma. The article then describes the PACE Center for Girls, a Florida-based school, currently undergoing a comprehensive evaluation, which attempts to incorporate elements that fulfill statutory recommendations into its programming.

Mental Health Courts And Sentencing Disparities, E. Lea Johnston, Conor P. Flynn

UF Law Faculty Publications

Despite the proliferation of mental health courts across the United States, virtually no attention has been paid to the criminal justice effects these courts carry for participants. This article provides the first empirical analysis of differential sentencing practices in mental health and traditional criminal courts. Using a case study approach, the article compares how Pennsylvania’s Erie County Mental Health Court and county criminal courts sentenced individuals who committed the same offenses and held the same average criminal history score. Information on the mental health court—including eligibility criteria, plea bargaining and sentencing procedure, sentencing policies, program length, graduation rates, likelihood of …

Improving The Effectiveness Of South Korean Product Liability Including Punitive Damages: A Comparative Analysis Between The United States And South Korea, Minsung Kim

Maurer Theses and Dissertations

As South Korean Product Liability Act was revised to adopt the U.S. doctrine of punitive damages, there is a theoretical necessity of reviewing the relations between the theory of product liability and the U.S. doctrine of punitive damages. The theory of product liability is closely related to the strict liability but the doctrine of punitive damages has been developed to regulate malicious misconducts. Due to the different basic concepts, the strict liability and malicious misconducts, the theory of product liability might not include the doctrine of punitive damages. In addition to the compatibility issue, functions of the punitive damages are …

The Wrong Decision At The Wrong Time: Utah V. Strieff In The Era Of Aggressive Policing, Julian A. Cook Iii

SMU Law Review

No abstract provided.

Alternative Dispute Resolution: A Critical Reconsideration, Richard Delgado

SMU Law Review

No abstract provided.

Reconsidering Prejudice In Alternative Dispute Resolution For Black Work Matters, Michael Z. Green

SMU Law Review

In the 1985 foundational article Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution, Richard Delgado and his co-authors identified major concerns with the growing use of alternative dispute resolution (ADR) to resolve disputes involving people of color. The seminal findings from that article highlighted the power differentials exacerbated by informal dispute resolution, and the article contributed immediately to a surge of robust critiques of the increasing use of alternative dispute resolution for those most vulnerable in our society.

More than thirty years after the Delgado article, a community of respected and prominent ADR and discrimination …

Part 3: The Scourge Of Opioids In The Commonwealth, Center For Economic Analysis And Policy, Old Dominion University

State of the Commonwealth Reports

Opioid-related deaths have skyrocketed in the Commonwealth and the United States. Almost three-quarters of those who abuse opioids start with a legitimate prescription. We investigate the rise of fentanyl as the primary cause of overdose fatalities and compare opioid practices in the United States with other industrialized countries. We estimate the costs of the opioid crisis and ask what steps can be taken to help those currently addicted and to prevent future deaths.

The Law Of Cyber Warfare: Restrictions, Opportunities And Loopholes, Nicholas Tsagourias

Canadian Journal of Law and Technology

The article considers the applicability of existing international rules on the use of force to cyber attacks and assesses their effectiveness. The author’s conclusion is that the current regime on the use of force fails to capture the particularities of cyber attacks and for this reason he makes some tentative proposals for enhancing security in this area.

Ethnic Studies Review

Ethnic Studies Review

No abstract provided.

The Color Of Mass Incarceration, Ronnie B. Tucker Sr.

Ethnic Studies Review

This article looks at the issue of incarceration with a focus on the number of African Americans both male and female who are now incarcerated in the United States. The article takes an analytical perspective in reviewing the fact that the majority of African Americans in the prison population are not there for violent crimes, but yet, African Americans contribute to the mass color of incarceration. The article also includes discussion on how the “so-called’ justice systems has treated African Americans unfairly when charged with the same criminal offenses as those of the majority population. The paper also addresses the …

The Black Lives Matter Movement And Why The Response Of All Lives Matter Is Misleading, Scott Loken

Ethnic Studies Review

This paper discusses the Black Lives Matter movement, it’s brief history and relevance, and the problem with the response of All Lives Matter and how it is misleading. It discusses incidents leading up to the initial Social Media hashtag and how the statement took off as a rallying cry in response to any incident which seemed to be racially motivated, especially in situations where police officers were involved resulting in the death of African American citizens. This article examines how the organization was first developed in response to the killing of Trayvon Martin by George Zimmerman and his acquittal of …

Vol. 94, No. 3: Full Issue, Denver Law Review

Denver Law Review

No abstract provided.

Pay-For-Performance In Prison: Using Healthcare Economics To Improve Criminal Justice, W. David Ball

Denver Law Review

No abstract provided.

Repairing Harm From Racial Injustice: An Analysis Of The Justice Reinvestment Initiative And The Truth And Reconciliation Commission, Zachary Norris

Denver Law Review

No abstract provided.

A Roadmap On Maximizing Local Government Effectiveness In West Virginia, Brian Lego, Christiadi, Christopher Plein, Eric Bowen, John Deskins, Jesse Richardson, Katherine Garvey, Susan Waldie

Bureau of Business & Economic Research

No abstract provided.

Grown-Up Justice Isn’T Child’S Play: The Case For A Data Driven Reassessment Of Civil Commitment For Juvenile Sex Offenders, Rosemary Deck

University of the Pacific Law Review

No abstract provided.

The Progressive Programming Facility: A Rehabilitative, Cost-Effective Solution To California’S Prison Problem, Hannah Fuetsch

University of the Pacific Law Review

No abstract provided.

Letter - Our Commitment To Every Student, Pamela Eibeck

Presidential Communications

No abstract provided.

Reining In Internet-Age Expansion Of Exemption 7(C): Towards A Tort Law Approach For Ferreting Out Legitimate Privacy Concerns And Unwarranted Intrusions Under Foia, Clay Calvert, Austin Vining, Sebastian Zarate

UF Law Faculty Publications

Using the July 2016 federal appellate court decision in Detroit Free Press, Inc. v. U.S. Department of Justice as an analytical springboard, this article explores the expansion of Freedom of Information Act (FOIA) Exemption 7(C) in the Internet era. In Detroit Free Press, the Sixth Circuit recognized a privacy interest in mug shots under Exemption 7(C). The practical impact of the decision is to uphold the general policy of the U.S. Marshals Service not to release mug shots. This article illustrates the yawning gap between tort law, which this article argues would deny recovery for the Internet posting of …

The Free Exercise Of Religious Identity, Lauren Sudeall Lucas

Faculty Publications By Year

In recent years, a particular strain of argument has arisen in response to decisions by courts or the government to extend certain rights to others. Grounded in religious freedom, these arguments suggest that individuals have a right to operate businesses or conduct their professional roles in a manner that conforms to their religious identity. For example, as courts and legislatures have extended the right to marry to same-sex couples, court clerks have refused to issue marriage certificates to such couples, claiming that to do so would violate their religious beliefs. Similarly, corporations have refused, for reasons grounded in religious identity, …

Institutional Failure, Campus Sexual Assault And Danger In The Dorms: Regulatory Limits And The Promise Of Tort Law, Andrea A. Curcio

Faculty Publications By Year

Data demonstrates the majority of on-campus sexual assaults occur in dorm rooms. At many colleges, this fact receives little, if any, attention. This article discusses how schools' failure to raise awareness about, and develop risk reduction programs for, dorm-based assaults is another example of long-standing institutional failures when it comes to addressing campus sexual assault. Ignoring where most on-campus assaults occur provides students with a false sense of security in their dorms, limits the efficacy of bystander intervention programs, and results in scant attention and research directed at the efficacy of dorm-based awareness and risk-reduction efforts. This article suggests that …

The Indirect Consequences Of Expanded Off-Label Promotion, Patricia J. Zettler

Faculty Publications By Year

The U.S. Food and Drug Administration’s (FDA) policies have been a battleground for litigation about First Amendment protections for commercial speech. In the last five years, the FDA’s position that “off-label” promotion of approved prescription drugs—when a manufacturer promotes a drug for a use for which the FDA has not approved it—leads to violations of the Federal Food, Drug, and Cosmetic Act has been subject to successful legal challenges. Although the merits of these off-label promotion decisions are well traversed in the literature, this Article explores the potential indirect consequences of recently-recognized protections for off-label promotion. This Article demonstrates that—as …

Changing The Culture Of Disclosure And Forensics, Valena Beety

Articles by Maurer Faculty

This Essay responds to Professor Brandon Garrett’s Constitutional Regulation of Forensic Evidence, and, in particular, his identification of the dire need to change the culture of disclosing forensic evidence. My work on forensics is—similarly to Garrett’s—rooted in both scholarship and litigation of wrongful convictions. From this perspective, I question whether prosecutors fully disclose forensics findings and whether defense attorneys understand these findings and their impact on a client’s case. To clarify forensic findings for the entire courtroom, this Essay suggests increased pre-trial discovery and disclosure of forensic evidence and forensic experts. Forensic analysts largely work in police-governed labs; therefore, this …

Voluntariness With A Vengeance: The Coerciveness Of Police Lies In Interrogations, Amelia C. Hritz

Cornell Law Review

No abstract provided.

Let's Keep It Civil: An Evaluation Of Civil Disabilities, A Call For Reform, And Recommendations To Reduce Recidivism, Victor J. Pinedo

Cornell Law Review

No abstract provided.

Constitutional Liberty And The Progression Of Punishment, Robert J. Smith, Zoe Robinson

Cornell Law Review

No abstract provided.