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Frontline Reports: Emergent Topics For Scholarly Development, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

Dignity is a scholarly journal dedicated to creating a publishing space for all members of the community—survivors, activists, legal advocates, service providers, researchers, theorists, and scholars—who write about exploitation and violence. Frontline Reports put Dignity on the leading edge of naming, describing, and analyzing topics relevant to our work of ending exploitation and violence. Each report teaches us about the immediate topic and opens up new horizons for future scholarship. By bringing all together, we facilitate the exchange of information and enhance the development of scholarship in the field.

Book Review Of The Burger Court And The Rise Of The Judicial Right By Michael Graetz And Linda Greenhouse, Alan B. Morrison

Journal of Legal Education

No abstract provided.

Police Blotter, Unlv Department Of Police Services

Police Blotter

No abstract provided.

The History And Future Of Capital Punishment In The United States, Robert A. Stein

San Diego Law Review

It is a great pleasure to be with you today to deliver the 2016 Nathaniel Nathanson Lecture. I am delighted to join the many distinguished jurists and scholars that have delivered this Lecture in prior years. Early in his career, Professor Nathanson clerked for Justice Louis Brandeis and served the Securities and Exchange Commission in its formative days. Professor Nathanson is deservedly viewed as one of the architects of modern administrative law. His work, Administrative Discretion in the Interpretation of Statutes,was monumental in the field of administrative law. Professor Nathanson was the first scholar to identify a “principle of limited …

Liberalism And Tolerance, William Voegeli

San Diego Law Review

I began by raising the possibility that tolerance is minor issue, having no bearing on whether liberalism works out or makes sense. I conclude by noting that it is a central question, for liberalism and politics in general. Tolerance is important because intolerance is important. “Anything Goes” is one of Cole Porter’s best songs, but is unlikely to become any country’s national anthem. The questions of what doesn’t go, and why, and how to prevent it from going any further, explain a great deal about the political ideologies of our era, as well as the premises on which social orders …

What's Legal About Legal Moralism?, Douglas Husak

San Diego Law Review

If legal moralism posits a normative connection between culpable wrongdoing and punishment, what should legal moralists say about cases in which responsible agents commit culpable wrongs that have not been proscribed ex ante by the state in which they occur? More succinctly, what is the status of the principle of legality according to legal moralists? I argue that the absence of law typically, but perhaps not always, provides a sufficient non-desert basis to withhold punishment from culpable wrongdoers whose punishment is deserved. I critically examine the probable implications of this way of accounting for the significance of legality.

Spectator 2017-03-01, Editors Of The Spectator

The Spectator

No abstract provided.

Police Interrogations, False Confessions, And Alleged Child Abuse Cases, Richard Leo

University of Michigan Journal of Law Reform

A discussion on false confession cases in the United States.

Evidence Of Child Abuse: Inferring The Causes Of Effects, Stephen E. Fienberg

University of Michigan Journal of Law Reform

A statistician's take on evidence of child abuse.

Child Abuse--Nonaccidental Injury (Nai) And Abusive Head Trauma (Aht)--Medical Imaging: Issues And Controversies In The Era Of Evidence-Based Medicine, Patrick Barnes

University of Michigan Journal of Law Reform

A look at nonaccidental injury and abusive head trauma in children with a focus on Shaken Baby Syndrome.

How Can You Defend Those People, Dean A. Strang

Hofstra Law Review

No abstract provided.

Forensic Linguistics: Applying The Science Of Linguistics To Issues Of The Law, Robert A. Leonard, Juliane E. R. Ford, Tanya Karoli Christensen

Hofstra Law Review

No abstract provided.

Unambiguous Deterrence: Ambiguity Attitudes In The Juvenile Justice System And The Case For A Right To Counsel During Intake Proceedings, Hannah Frank

Vanderbilt Law Review

According to the traditional rational choice theory of criminal behavior, people choose to commit crimes in a rational manner.' They weigh the costs and benefits and make informed decisions to maximize their utility. Under this framework, the state can deter crime through two main avenues: increasing the probability of detection and increasing the punishment if caught, both of which increase the total cost of committing a crime. Recently, however, behavioral insights have begun to cast doubt on traditional rationality assumptions. Lab experiments and empirical studies using real-world data have shown that people exhibit bounded rationality. For example, individuals have limited …

Reducing Violence In Correctional Institutions: Revalidation Of The Inmate Risk Assessment For Violent, Nonsexual Victimization (Rvnsv), Ryan M. Labrecque, Heidi Scherer, James T. Mccafferty

Criminology and Criminal Justice Faculty Publications and Presentations

Presentation focuses on inmate victimization in correctional institutions.

The Effect Of Gang Affiliation On Post-Solitary Confinement Institutional Misconduct, Ryan T. Motz, Ryan M. Labrecque, Paula Smith

Criminology and Criminal Justice Faculty Publications and Presentations

Presentation focuses on the effects of solitary confinement on inmate misconduct.

Taxstone And The American Justice System’S War Against Hip-Hop, Gow Mosby Jr.

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The well-known podcast personality Daryl Campbell a.k.a. Taxstone was recently arrested on January 16, 2017 on federal charges of Possession of a Firearm by a Convicted Felon and Receipt of a Firearm in Interstate Commerce. The arrest is related to the May 2016 shooting in the green room of a T.I. concert at Irving Plaza. The incident resulted in the rapper Troy Ave being wounded and claimed the life of his body guard Ronald McPhatter. As a follower of Taxstone or Troy Ave may know, both have “beef” with each other.

This post was originally published on the Cardozo Arts …

Bail Nullification, Jocelyn Simonson

Michigan Law Review

This Article explores the possibility of community nullification beyond the jury by analyzing the growing and unstudied phenomenon of community bail funds, which post bail for strangers based on broader beliefs regarding the overuse of pretrial detention. When a community bail fund posts bail, it can serve the function of nullifying a judge’s determination that a certain amount of the defendant’s personal or family money was necessary to ensure public safety and prevent flight. This growing practice—what this Article calls “bail nullification”—is powerful because it exposes publicly what many within the system already know to be true: that although bail …

Towards The Inclusion Of Inter-Ethnic Studies In Comparative Literature In China, Xiaoqing Han, Aaron L. Moore

CLCWeb: Comparative Literature and Culture

In their article "Towards the Inclusion of Inter-Ethnic Studies in Chinese Comparative Literature" Xiaoqing Han and Aaron Lee Moore advocate for the inclusion of inter-ethnic studies in Chinese comparative literature. The traditional definition for many Chinese comparative literature scholars continues to confine the discipline to "inter-national" or "cross-civilization" studies rather than including "inter-ethnic" studies, and Chinese ethnic minority writing continues to be underrepresented in the national literary canon. This article is in no way opposed to the continued growth and development of a Chinese national literature. But rather, it seems crucial that inter-ethnic studies should be included in the discipline …

Pricing The Fourth Amendment, Miriam H. Baer

William & Mary Law Review

Critics have long decried the Fourth Amendment’s lack of an adequate remedy to secure its compliance. Neither the exclusionary rule nor the threat of civil liability deters police misconduct, leaving scholars to cast about for alternative measures. The emphasis on penalties, however, overlooks a different problem: detection. Because of policing’s fast-paced nature, even so-called “flagrant” Fourth Amendment violations trigger insufficient liability due to low probabilities of detection.

This Article addresses this problem by drawing on the Pigouvian tax literature. The Pigouvian tax—sometimes referred to as a “corrective tax”—is a pricing instrument imposed by regulators in an amount equal to the …

Lessons From Ferguson On Individual Defense Representation As A Tool Of Systemic Reform, Beth A. Colgan

William & Mary Law Review

This Article investigates the relationship between the decisions by lawmakers to use municipal and criminal systems to generate revenue and the lack of access to individual defense representation by using the Ferguson, Missouri, municipal court as a case study. The Article chronicles the myriad constitutional rights that were violated on a systemic basis in Ferguson’s municipal court and how those violations made the city’s reliance on the court for revenue generation possible. The Article also documents how the introduction of individual defense representation, even on a piecemeal basis, played a role in altering Ferguson’s system of governance. Using this case …

“Your Honor, You Are Hereby Commanded To Appear...”: When A Legislative Committee Subpoenas A Sitting Judge, John Dipippa

University of Memphis Law Review

No abstract provided.

My Life In Crime: An Intellectual History Of The Juvenile Court, Barry C. Feld

Nevada Law Journal

No abstract provided.

Championing Children's Rights In Nevada, 2000-2015: The Thomas & Mack Juvenile Justice Clinic As Change Agent, Mary C. Berkheiser

Nevada Law Journal

No abstract provided.

Pursuing Gault, David S. Tanenhaus, Eric C. Nystrom

Nevada Law Journal

No abstract provided.

Hard Bargaining In Plea Bargaining: When Do Prosecutors Cross The Line?, Cynthia Alkon

Nevada Law Journal

Well over 90 percent of all criminal cases in the United States are resolved by plea bargaining and not by trial. This means that how plea bargaining works impacts nearly every criminal defendant. However, there are few restrictions to protect defendants in the negotiating process. One serious problem is that prosecutors regularly use hard bargaining tactics such as exploding offers, threats to add enhancements, take-it-or-leave-it offers, and threats to seek the death penalty. These hard bargaining tactics contribute to the often highly coercive atmosphere of plea bargaining that can lead innocent defendants to plead guilty. Pressure to plead guilty can …

Joinder, Conspiracy, And Racketeering: Charging Issues Arising In The Prosecution Of Staged-Accident Insurance Schemes, Michael C. Kovac

Nevada Law Journal

No abstract provided.

The Cost Of Ab 193: Constitutional Guarantees Sacrificed For Ineffective Means, Paul George

Nevada Law Journal

No abstract provided.

Aba Standard 405(C): Two Steps Forward And One Step Back For Legal Education, Peter A. Joy

Journal of Legal Education

No abstract provided.

The Robert L. Levine Distinguished Lecture: A Conversation With Justice Ruth Bader Ginsburg And Professor Aaron Saiger, Ruth Bader Ginsburg, Aaron Saiger

Fordham Law Review

PROFESSOR AARON SAIGER: It’s a signal honor for Fordham Law School and a personal honor for me and a pleasure to have Justice Ginsburg here tonight. We want to thank you for coming. I think I will not reiterate all of the thanks Dean Diller has offered, except to say that we are very grateful to the Levine family and deeply indebted to the students of the Law Review who have made tonight happen. The format of the evening is as follows: I will ask questions and the Justice will answer them.

Ucc Minutes March 14, 2017, University Curriculum Council

UCC Agendas/Minutes

No abstract provided.