Digital Commons Network^™

Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas

Michigan Law Review

Of the many diagnoses of American criminal justice’s ills, few focus on externalities. Yet American criminal justice systematically overpunishes in large part because few mechanisms exist to force consideration of the full social costs of criminal justice interventions. Actors often lack good information or incentives to minimize the harms they impose. Part of the problem is structural: criminal justice is fragmented vertically among governments, horizontally among agencies, and individually among self-interested actors. Part is a matter of focus: doctrinally and pragmatically, actors overwhelmingly view each case as an isolated, short-term transaction to the exclusion of broader, long-term, and aggregate effects. …

Volume 42, No. 2

The Weldon Times

A student-run newspaper published at the Schulich School of Law at Dalhousie University.

Editors in Chief: Lisandra Naranjo Hernandez, Melissa Pike

Layout Editors: Shay Oxner, Michael Davies-Cole

Editors: Melia Moorhouse, Emma Chapple

Age, Period, And Cohort Effects On Death Penalty Attitudes In The United States, 1974–2014, Amy L. Anderson, Robert Lytle, Philip Schwadel

Department of Sociology: Faculty Publications

In this article, we further the understanding of both changes in public opinion on capital punishment in the United States and changes in the factors associated with public opinion on the death penalty. Support for the death penalty may be motivated by events happening during specific time periods, and it can vary across birth cohorts as a result of cohort-specific socialization processes, demographic changes, and formative events that are specific to each generation. An explication of the sources of and variation in death penalty attitudes over time would benefit from the accounting for the age of the respondent, the year …

How Would You Like To Die? Glossip V. Gross Deals Blow To Abolitionists, Brenda I. Rowe

Criminology and Criminal Justice Faculty Publications (Archived)

After capital punishment opponents’ pressure on drug suppliers reduced the lethal injection drug supply, Oklahoma began using midazolam, resulting in botched executions. Condemned inmates sought to stop use of this lethal injection protocol. In Glossip v. Gross, the U.S. Supreme Court found inmates failed to establish such protocols entail a substantial risk of severe pain compared to available alternatives, undermining the supply side attack strategy and leaving inmates facing the possibility of an unnecessarily painful execution. This article places the Glossip decision within the context of method of execution jurisprudence and discusses implications for the ongoing battle over capital …

Offences Against Foreign Domestic Workers In Singapore: Vindicating The Victim’S Right To Dignity, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

The High Court of Singapore recently increased the sentences of two employers who had starved their foreign domestic worker, causing serious physical injury. In so doing, the court affirmed the victim’s right to human dignity despite the relative leniency of the charge. This case prompts reflection not only on the vulnerability of foreign domestic workers and the courts’ role in protecting their basic dignity, but also on the prosecutors’ role in framing charges that accurately and completely reflect the infringement of rights.

The Fallacy Of A Colorblind Consent Search Doctrine, Beau C. Tremitiere

Northwestern University Law Review

Most searches conducted by police officers are “consensual” and thus beyond the reach of the Fourth Amendment. However, such searches violate the Fourth Amendment when, under the totality of circumstances, consent appears to be a product of coercion—that is, when the consent was involuntary. In 1980, in Mendenhall v. United States, the Supreme Court identified race as a relevant factor courts should consider but failed to explain precisely why race was relevant. After decades of mistreatment and state-sanctioned violence, distrust of law enforcement was rampant in communities of color, and the Mendenhall Court correctly intuited (but failed to describe) the …

The Effects Of Trial Judge Gender And Public Opinion On Criminal Sentencing Decisions, Christina L. Boyd, Michael J. Nelson

Vanderbilt Law Review

We explore the effects of a trial judge's gender in criminal sentencing decisions by addressing two unsettled questions. First, do female and male trial judges sentence criminal offenders differently from one another? While numerous qualitative and quantitative scholars have examined this question, the results lack consistency. Second, are female trial judges' sentencing practices differentially affected by public opinion compared to male judges' behavior? Little research exists on this second question, but existing theory on how females and males make decisions and operate as judges is informative. To provide new empirical insight into these questions, we rely on two sources of …

Measuring Justice In State Courts: The Demographics Of The State Judiciary, Tracey E. George, Albert H. Yoon

Vanderbilt Law Review

For most individuals and organizations, state courts--especially state trial courts-are the "law" for all effective purposes. State courts are America's courts. But, we know surprisingly little about state court judges despite their central and powerful role in lawmaking and dispute resolution. This lack of information is especially significant because judges' backgrounds have important implications for the work of courts. The characteristics of those who sit in judgment affect the internal workings of courts as well as the external perception of those courts and judges. The background of judges will influence how they make decisions and can impact the public's acceptance …

Improving Access To Justice In State Courts With Platform Technology, J.J. Prescott

Vanderbilt Law Review

Access to justice often equates to access to state courts, and for millions of Americans, using state courts to resolve their disputes-often with the government-is a real challenge. Reforms are regularly proposed in the hopes of improving the situation (e.g., better legal aid), but until recently a significant part of the problem has been structural. Using state courts today for all but the simplest of legal transactions entails at the very least traveling to a courthouse and meeting with a decision maker in person and in a one-on-one setting. Even minimally effective access, therefore, requires time, transportation, and very often …

Judicial Politics And Decisionmaking: A New Approach, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie

Vanderbilt Law Review

In twenty-five different experiments conducted on over 2,200 judges, we assessed whether judges' political ideology influences their resolution of hypothetical cases. Generally, we found that the political ideology of the judge matters, but only very little. Across a range of bankruptcy, criminal, and civil cases, we found that the aggregate effect of political ideology is either nonexistent or amounts to roughly one quarter of a standard deviation. Overall, the results of our experiments suggest that judges are not "politicians in robes."

Public Perceptions Of Crime Maps: Considering The Impact Of Map Style On Perceptions Of Safety, Kathryn Wuschke, Kris Henning, Greg Stewart, Kaitlyn Bonn

Criminology and Criminal Justice Faculty Publications and Presentations

Presentation slides for a study that questions how people may interpret and understand the types of crime maps that are frequently publicly available. As public crime maps increase in use and distribution, researchers are beginning to explore the impacts of access.

A Challenge To Lawyers, Robert F. Drinan, S.J.

The Catholic Lawyer

No abstract provided.

Decriminalization Of Psilocybin. Initiative Statute.

Initiatives

Decriminalizes use, possession, sale, transport, or cultivation of psilocybin (a hallucinogenic compound) by persons at least 21 years of age. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Reduced costs, not likely to exceed a few million dollars annually, to state and local governments related to enforcing psilocybin-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising certain psilocybin offenders. Potential increase in state and local tax revenues, not likely to exceed a couple million dollars annually, related to the production and sale of psilocybin.

The Prospector, October 31, 2017, Utep Student Publications

The Prospector

Headline: Halloween Issue: ¡Feliz Día de los Muertos!

The Social Expulsion Of The Migrant: Aesthetic And Tactical Interventions, Adetty Pérez Miles

Journal of Social Theory in Art Education

In this article, I focus on the social expulsion of the migrant. Social expulsion refers to the multivalent ways in which those in power demean, vilify, exclude, displace, and strip people of hope for the future. Specifically, I write about fault-zones—the material realities of borders and border crossings—that render the lives of immigrants precarious, such as draconian U.S. immigration policies and actions that result in the death, criminalization and mass incarceration of migrants. I contend that in the present climate of hate against immigrants, artists’ interventions provide a means by which to create social awareness of dehumanizing social conditions and …

Men’S Basketball Picked Fourth, Trio Of Eagles Named Preseason All-Sbc, Georgia Southern University

Athletics: News & Publications

• Men’s Basketball Picked Fourth, Trio of Eagles Named Preseason All-SBC
• The Eagles play an exhibition game against Georgia College Nov. 1 in Hanner

Indonesian Maritime Law Enforcement: Progress And Problems, Andre Abraham

Indonesian Journal of International Law

Indonesia as maritime country may face difficulties in law enforcement at sea. The broad variety of problems and challenges can be found on Indonesia waters, included coastal area and the sea itself. Indonesia has been involved on making maritime law since UNCLOS 1982, with archipelagic state concept that gave significant implication to the law of the sea. Times change, the problem that occurred at sea could be different. Maritime law enforcement would be challenged to be adaptable for the new problems and how Indonesia develop its maritime law to face new challenges.

The Current Volume 28: Issue 11, Nova Southeastern University

Student Newspapers

No abstract provided.

Editor's Note

Colby Magazine

No abstract provided.

Full Issue

Colby Magazine

No abstract provided.

Review Of Locating London's Past And London Lives 1690 To 1800: Crime, Poverty And Social Policy In The Metropolis, Shawn W. Moore

ABO: Interactive Journal for Women in the Arts, 1640–1830

Review of Locating London's Past and London Lives 1690 to 1800: Crime, Poverty and Social Policy in the Metropolis

Something Special, Unh Communications And Public Affairs

UNH Today Archive

No abstract provided.

The Rider (2017-10-30), Jesus Sanchez

The Rider Archives

Vol.3 No.10

Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission: Brief Of Amici Curiae Public Accommodation Law Scholars In Support Of Respondents, Samuel Bagenstos

Appellate Briefs

Amici are legal scholars with expertise in the historical and contemporary applications of the public accommodation laws. This brief argues that the First Amendment exemption Masterpiece claims would subvert the historic purpose of these laws: to promote equal dignity in the marketplace.

For more than half a century, state public accommodation laws across the country have protected against denials of dignity and equal treatment in the public marketplace. Throughout that period, this Court has consistently rejected arguments that businesses open to the general public have a constitutional right to provide less than the full and equal services required by such …

October 30, 2017

The Gavel Gazette

No abstract provided.

State V. Lopez Respondent's Brief Dckt. 45072

Not Reported

No abstract provided.

Student Life E-Newsletter October 30, 2017, Seattle University School Of Law Student Life

Student Life E-Newsletters

No abstract provided.

2017-10-30 Act Relating To Retirement, Morehead State University. Faculty Senate., General Assembly Of The Commonwealth Of Kentucky

Faculty Senate Records

An act relating to retirement presented to the General Assembly of the Commonwealth of Kentucky in October of 2017

Cleaning Up The Beaches: The Caribbean Response To The Fatf's Review To Identify Non-Cooperative Countries Of Territories, Jason Ennis

Law and Business Review of the Americas

No abstract provided.

Legal And Judicial Reform In Developing Countries: Reflections On World Bank Experience, W. Paatii Ofosu-Amaah

Law and Business Review of the Americas

No abstract provided.