Digital Commons Network^™

What Caused The 2016 Chicago Homicide Spike? An Empirical Examination Of The 'Aclu Effect' And The Role Of Stop And Frisks In Preventing Gun Violence, Paul Cassell, Richard Fowles

Utah Law Faculty Scholarship

Homicides increased dramatically in Chicago in 2016. In 2015, 480 Chicago residents were killed. The next year, 754 were killed–274 more homicide victims, tragically producing an extraordinary 58% increase in a single year. This article attempts to unravel what happened.

This article provides empirical evidence that the reduction in stop and frisks by the Chicago Police Department beginning around December 2015 was responsible for the homicide spike that started immediately thereafter. The sharp decline in the number of stop and frisks is a strong candidate for the causal factor, particularly since the timing of the homicide spike so perfectly coincides …

Exposing Secret Searches: A First Amendment Right Of Access To Electronic Surveillance Orders, Hannah Bloch-Wehba

Washington Law Review

Although, as a rule, court proceedings and judicial records are presumptively open to the public, electronic surveillance documents are exceptions. Like ordinary search warrants, surveillance applications are considered ex parte. But court orders frequently remain sealed indefinitely, even when there is no basis for continued secrecy. Indeed, secrecy—in the form of gag orders, local judicial rules, and even clerical filing and docketing practices—is built into the laws that regulate electronic surveillance. This Article argues that this widespread secrecy violates the First Amendment right of access to court proceedings and documents. The history of search and seizure shows that, far from …

Branding Matters: Reimagine Your Library Services, Susan T. Wengler

Publications and Research

No abstract provided.

Criminal Procedure And The Good Citizen, I. Bennett Capers

Faculty Scholarship

No abstract provided.

A Practical Look At Ending Homelessness, Aimee Majoue

Seattle Journal for Social Justice

No abstract provided.

Hawks' Herald -- Mar. 1, 2018, Roger Williams University

Hawk's Herald

No abstract provided.

The Public Defender's Pin: Untangling Free Speech Regulation In The Courtroom, Michael Kagan

Northwestern University Law Review

Recent disputes in Ohio and Nevada about whether lawyers should be allowed to wear “Black Lives Matter” pins in open court expose a fault line in First Amendment law. Lower courts have generally been unsympathetic to lawyers who display political symbols in court. But it would go too far suggest that free speech has no relevance in courtrooms. This Essay argues for a way to strike a balance.

Jeremias V. State, 134 Nev. Adv. Op. 8 (Mar. 01, 2018), Maliq Kendricks

Nevada Supreme Court Summaries

The Nevada Supreme Court determined that a judgment of conviction, pursuant to a jury verdict, of one count each of conspiracy to commit robbery and burglary while in possession of a deadly weapon and two counts each of robbery with the use of a deadly weapon and murder with the use of a deadly weapon, commands a death sentence.

Book Review Of Law Professors: Three Centuries Of Shaping American Law By Stephen Presser, Bernard W. Bell

Journal of Legal Education

No abstract provided.

Book Review Of Wrongful Convictions And The Dna Revolution: Twenty-Five Years Of Freeing The Innocent Edited By Daniel Medwed And The New Criminal Justice Thinking By Sharon Dolovich And Alexandra Natapoff, Thomas Morawetz

Journal of Legal Education

No abstract provided.

Vocational And Life Skills Quarterly Report: Quarter 7 (January-March 2018), Uno Nebraska Center For Justice Research, Johanna Peterson

Reports

The Vocational and Life Skills Program was created by Nebraska Legislative Bill 907 in 2014 with the goals of reducing recidivism and increasing employment for individuals who are incarcerated, who have been incarcerated within the prior 18 months or who are under parole or probation supervision. Participants must begin programming under these conditions, but they may continue programming as the program sees fit for his or her individual needs. Eight programs were funded in Grant Cycle 2, which runs from July 2016-June 2018. The Nebraska Center for Justice Research (NCJR) evaluation was initiated in May 2016 with the primary goal …

Vocational And Life Skills Monthly Data Update: March 2018, Uno Nebraska Center For Justice Research, Johanna Peterson

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to correct any data errors on an ongoing basis during monthly update calls and regular site visits.

Data presented below is from the most recent monthly data extract. Because this data comes for an active database with live data being entered and updated daily, data, including previously submitted information, may fluctuate depending …

Symposium On Forensic Expert Testimony, Daubert, And Rule 702, Daniel J. Capra

Fordham Law Review

No abstract provided.

Confidential Witness Interviews In Securities Litigation, Gideon Mark

North Carolina Law Review

No abstract provided.

Why Do Prosecutors Say Anything? The Case Of Corporate Crime, Samuel W. Buell

North Carolina Law Review

No abstract provided.

Georgia's Unconstitutional Business Venue Provision: A Kingdom With Impermissible Borders, Lucas Bradley

Mercer Law Review

A sub-clause of Georgia's business venue statute, as construed in October 2016, violates the Commerce Clause of the United States Constitution. That statute, section 14-2-510(b) of the Official Code of Georgia Annotated (O.C.G.A.), provides four venues (counties) in which a company can be sued for an act or omission, depending on the kind of act or omission at issue. The first three venue options apply equally to in-state and out-of-state companies. The fourth venue option does not. This fourth option grants in-state companies an unwarranted advantage compared to out-of-state companies and as a result, runs afoul of the Constitution's Dormant …

Racial Justice And Federal Habeas Corpus As Postconviction Relief From State Convictions, Leroy Pernell

Mercer Law Review

It is the purpose of this Article not to simply document the influence of race on our criminal system and its role in the current racial crisis of overrepresentation of minorities in our prisons, but rather to focus on the future and importance of a key tool in the struggle for racial equity--federal habeas corpus as a postconviction remedy. By looking first at the racial context of several "landmark" criminal justice reform decisions, this Article considers how race serves as the root of the procedural due process reform that began in earnest during the Warren Court. This Article then notes …

The Law (?) Of The Lincoln Assassination, Martin S. Lederman

Georgetown Law Faculty Publications and Other Works

Shortly after John Wilkes Booth killed Abraham Lincoln on April 14, 1865, President Andrew Johnson directed that Booth’s alleged coconspirators be tried in a makeshift military tribunal, rather than in the Article III court that was open for business just a few blocks from Ford’s Theater. Johnson’s decision implicated a fundamental constitutional question that was a subject of heated debate throughout the Civil War: When, if ever, may the federal government circumvent Article III’s requirements of a criminal trial by jury, with an independent, tenure-protected presiding judge, by trying individuals other than members of the armed forces in a military …

Attorney Advertising In The Litigators And Modern-Day America: The Continued Importance Of The Public’S Need For Legal Information, David L. Hudson Jr.

University of Memphis Law Review

No abstract provided.

Campbell Law Brief, March-April 2018

Alumni Newsletters

No abstract provided.

From The Armed Forces To Unemployment - The United States' Failure To Ensure That Veterans Have The Care They Need And The Benefits That They've Earned, Jennifer Trinkwald Greco

Hofstra Labor & Employment Law Journal

No abstract provided.

The Original U. S. Sentencing Guidelines And Suggestions For A Fairer Future, Stephen G. Breyer

Hofstra Law Review

No abstract provided.

It'll Break Your Heart Every Time: Race, Romanticism And The Struggle For Civil Rights In Litigating Baseball's Antitrust Exemption, John Tehranian

Hofstra Law Review

The recent blockbuster 42 romanticizes the role of major league baseball in the civil rights movement. But Jackie Robinson’s shattering of the color line in 1947 represented only the first step in the game’s evolution. With considerably less fanfare, Curt Flood took the next step. Flood’s ill-fated challenge to the infamous reserve clause landed him before the United States Supreme Court in 1972. It’ll Break Your Heart Every Time casts new light on Flood’s underappreciated legal struggle by presenting a meta-meditation on his lawsuit, the fallibility of judges and the power of the National Pastime’s grand mythology.

When the Supreme …

Bringing The Science Of Policing To Liability For Third-Party Crime At Shopping Malls, Aaron D. Twerski, Jon M. Shane

Marquette Law Review

Unlike state and municipal police forces that can generally not be sued by victims of crime on the grounds that they provided inadequate policing, shopping malls are regularly the targets by crime victims in tort actions for failing to provide adequate security. Courts have struggled with the question of how to set the standard for reasonable policing. Most courts place heavy emphasis on the foreseeability by the mall management of the likelihood of criminal activity to take place on the grounds of the mall. In doing so, they rely on the testimony of security experts who intuit as to the …

Trapped In Tragedies: Childhood Trauma, Spatial Inequality, And Law, David Dante Troutt

Marquette Law Review

Each year, psychological trauma arising from community and domestic violence, abuse, and neglect brings profound psychological, physiological, and academic harm to millions of American children, disproportionately poor children of color. This Article represents the first comprehensive legal analysis of the causes of and remedies for a crisis that can have lifelong and epigenetic consequences. Using civil rights and local government law, this Article argues that children’s reactions to complex trauma represent the natural symptomatology of severe structural inequality—legally sanctioned environments of isolated, segregated poverty. The sources of psychological trauma may be largely environmental, but the traumatic environments themselves are caused …

The Cowl - V.82 - N.18 - Mar 1, 2018

The Cowl

The Cowl - student newspaper of Providence College. Volume 82, Number 18 - March 1, 2018. 24 pages.

Exposing Secret Searches: A First Amendment Right Of Access To Electronic Surveillance Orders, Hannah Bloch-Wehba

Faculty Scholarship

Although, as a rule, court proceedings and judicial records are presumptively open to the public, electronic surveillance documents are exceptions. Like ordinary search warrants, surveillance applications are considered ex parte. But court orders frequently remain sealed indefinitely, even when there is no basis for continued secrecy. Indeed, secrecy — in the form of gag orders, local judicial rules, and even clerical filing and docketing practices — is built into the laws that regulate electronic surveillance.

This Article argues that this widespread secrecy violates the First Amendment right of access to court proceedings and documents. The history of search and seizure …

Meridians 16:2, Ginetta Candelario

Meridians: Feminism, Race, Transnationalism

It is a bittersweet pleasure to publish this special issue on Black women's health, guest edited by Jameta Nicole Barlow and LeConte J. Dill. The serendipitous timing of a special issue focused on Black women's health is particularly significant at this historical moment when Black women have launched and are leading movements such as #BlackLivesMatter, #SayHerName, and #MeToo because Black men, women, and children continue to be disproportionately subjected to life-threatening, state-based, structural and interpersonal violence in the United States....

From The Editors, Margaret Y.K. Woo, Jeremy R. Paul

Journal of Legal Education

No abstract provided.

Female Law Enforcement Officer's Experiences Of Workplace Harassment, Vanessa Brodeur

Electronic Theses, Projects, and Dissertations

Prior research shows that female police officers experience more incidents of harassment than male police officers, and these experiences of harassment have been shown to have negative effects on their mental and physical health, retention, and job satisfaction. The current study examined the experiences of harassment of 20 female police officers from agencies around Southern California. A survey interview was used, and it was found that none of the women had experienced quid pro quo harassment, but every woman recalled experiencing environmental harassment at some point throughout their career. Hostility towards women was more commonly experienced than harassment which was …