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Death, Law & Politics: The Effects Of Embracing A Liberty-Restrictive Vs. A Liberty-Enhancing Interpretation Of Habeas Corpus, Marvin L. Astrada

University of Baltimore Law Review

No abstract provided.

To Curb Or Not To Curb: Applying Honeycutt To The Judicial Overreach Of Money Judgment Forfeitures, Matthew L. Allison

University of Baltimore Law Review

No abstract provided.

Examining Constructions Of Perpetrators And Victims In Early Twentieth Century Canadian Newspaper Accounts Of Femicides, Katharine Kelly

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

This article examines how spousal femicides were framed in Ontario newspapers in the first decade of the twentieth century. Newspaper accounts served as a primary source of information, understandings, and perspectives on crime, criminality, and the law. Accounts of intimate killings presented the events as 'news worthy' and simultaneously sought to minimise challenges to patriarchal values in marriage. Media coverage employed an individualised model of crime and focused on perpetrators as non-normal (failed) or abnormal men. Intemperance, immigration status, and social class were used to 'other' perpetrators. Victim blaming was relatively uncommon except in cases of female infidelity.

Keeping It In The Family: Minor Guardianship As Private Child Protection, Deirdre Smith

Faculty Publications

Due to the opioid use epidemic and an overwhelmed public child protection system, minor guardianship is an increasingly important tool for relative caregivers seeking to obtain legal authority regarding the children who come into their care because of a parent’s crisis. Yet minor guardianship originated in colonial law for an entirely different purpose: to protect legal orphans who had inherited property. Today’s guardianship laws are still based on this “orphan model” which does not fit today’s reality. This Article is the first to analyze how these outdated guardianship laws are being used as a form of “private child protection” and …

Bahtuoh V. Smith, 855 F.3d 868 (8th Cir. 2017): Promising A Bleak Future For Ineffective Assistance Of Counsel Claims In The Eighth Circuit, Mary R. Marcum

Nebraska Law Review

I. Introduction

II. Background … A. The Strickland Standard ... B. The AEDPA Standard ... C. The First Circuit’s Application of Strickland and AEDPA: Ouber v. Guarino

III. Main Case: The Bahtuoh Trilogy ... A. Bahtuoh I ... B. Bahtuoh II ... C. Bahtuoh III

IV. Analysis ... A. Application of Strickland: The First Prong ... B. Application of Strickland: The Second Prong ... C. The Future of Ineffective Assistance of Counsel Claims in the Eighth Circuit

V. Conclusion

A Century In The Making: The Glorious Revolution, The American Revolution, And The Origins Of The U.S. Constitution’S Eighth Amendment, John Bessler

All Faculty Scholarship

The sixteen words in the U.S. Constitution’s Eighth Amendment have their roots in England’s Glorious Revolution of 1688–89. This Article traces the historical events that initially gave rise to the prohibitions against excessive bail, excessive fines, and cruel and unusual punishments. Those three proscriptions can be found in the English Declaration of Rights and in its statutory counterpart, the English Bill of Rights. In particular, the Article describes the legal cases and draconian punishments during the Stuart dynasty that led English and Scottish parliamentarians to insist on protections against cruelty and excessive governmental actions. In describing the grotesque punishments of …

A Theory Of Poverty: Legal Immobility, Sara Sternberg Greene

Faculty Scholarship

The puzzle of why the cycle of poverty persists and upward class mobility is so difficult for the poor has long captivated scholars and the public alike. Yet with all of the attention that has been paid to poverty, the crucial role of the law, particularly state and local law, in perpetuating poverty is largely ignored. This Article offers a new theory of poverty, one that introduces the concept of legal immobility. Legal immobility considers the cumulative effects of state and local laws as a mechanism through which poverty is perpetuated and upward mobility is stunted. The Article provides an …

Court Review 55:1 (2019)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

10 The Facts Behind the Media Coverage, the Sentence that Launched a Recall Jeffrey J. Hunt

16 Send Them a Message?: The Threat to a Fair and Impartial State-Court Judiciary Barbara J. Pariente & Melanie Kalmanson

30 The Least Accountable Branch? James L. Gibson & Michael J. Nelson

36 Judicial Recall and Retention in the #MeToo Era Jordan M. Singer

The Marquis Beccaria: An Italian Penal Reformer’S Meteoric Rise In The British Isles In The Transatlantic Republic Of Letters, John Bessler

All Faculty Scholarship

This article traces the reception of Cesare Beccaria’s book, Dei delitti e delle pene (1764), in Britain and in colonial and early America. That book, first translated into English as An Essay on Crimes and Punishments (1767), catalyzed penal reform and the anti-gallows movement on both sides of the Atlantic. As the first Enlightenment text to make a comprehensive case against capital punishment, On Crimes and Punishments became a bestseller, appearing in multiple English-language editions and attracting much public attention. Widely read by an array of British and American lawmakers and other civic-minded penal reformers, On Crimes and Punishments was …

Send Them A Message?: The Threat To A Fair And Impartial State-Court Judiciary, Barbara J. Pariente, Melanie Kalmanson

Court Review: Journal of the American Judges Association

What message do voters send by removing a judge from office based on disagreement with a lawful judicial decision? That question is at the heart of this issue of the American Judges Association’s Court Review, which focuses on the issue in light of the 2018 recall of California Judge Aaron Persky based on public outrage at the lawful, but extremely lenient, sentence he gave to a Stanford University student-athlete in a highly publicized sexual assault case. The message to other judges: Impose harsher sentences? Or perhaps a more specific message: Take sexual assault cases seriously? Viewed broadly, is this an …

Highlights From The Decisions Of The Supreme Court Of Canada In Criminal Matters In 2019, Wayne K. Gorman

Court Review: Journal of the American Judges Association

In 2019, the Supreme Court of Canada rendered a number of decisions involving criminal law issues. In this edition’s column, I intend to highlight a number of the most significant decisions rendered by the Court in 2019 (up to October 31). These decisions involved the following issues:

•the authority of Canadian police to detain and arrest;

•the questioning of sexual offence complainants on their prior sexual activity; and

•the importance of respecting victims in the trial process by refraining from pejorative and demeaning language.

Let us start with the Supreme Court’s decisions on the admissibility of prior sexual activity of …

Jounalistic Sources And The Searching Of Media Outlets In Canada, Wayne K. Gorman

Court Review: Journal of the American Judges Association

The searching of media outlets by the police in Canada is, as elsewhere, a controversial topic. For instance, a recent decision of the Supreme Court of Canada (R. v. Vice Media Canada Inc., 2018 SCC 53), which compelled a reporter to produce material to the police concerning an alleged crime, was described by one Canadian media outlet as a decision that will have a “damaging effect on investigative reporting across the country and weaken Canadian democracy” (see Global News, https://globalnews.ca).

In this column, I intend to review the Supreme Court of Canada’s decision in Vice Media and recent legislation enacted …

Sexual Predator Laws: Clarifying The Relationship Between Mental Health Laws And Due Process Protections, Maureen F. Larsen, Robert F. Schopp

Nebraska Law Review

I. Introduction

II. The Justification for SVP Legislation ... A. Police Power and Parens Patriae ... B. The Constitutionality of Civil Confinement

III. A Lack of Measurable Standards Make SVP Statutes Unworkable ... A. The Court’s Vague Mental Illness Standard ... B. The Danger of Predicting Dangerousness

IV. Clarifying the Nature of SVP Statutes ... A. Maintaining Sex Offender Culpability ... B. The Exclusion of Juveniles from SVP Commitment

V. The Utilization of Mental Health Laws for Preventive Incarceration

VI. Strict Mandatory Minimums and Recidivist Laws as Alternatives to SVP Commitment

VII. Conclusion

House Journal: Seventy-Second General Assembly State Of Colorado First Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Bridgewater Magazine, Volume 29, Number 2, Fall 2019, Bridgewater State University

Bridgewater Magazine

Contents include features about labs and workshops to make, helping hands, building a dream career, and grant money powering the future . Also featured are New majors and programs, certificate in TESOL, talking therapy, class acts, and Dr. Meek's work. Plus many Bridgewater and Alumni News.

The Criminalization Of Muslims In The United States, 2016, Sarah Beth Kaufman

Sociology & Anthropology Faculty Research

The criminalization of Muslims—framing an Islamic religious identity as a problem to be solved using state crime control logic—is undeniably in process in the United States. Local, state, and federal statutes target Muslims for surveillance and exclusion, and media sources depict Muslims as synonymous with terrorism, as others have shown. This paper analyzes the public’s role in the criminalization of Islam, which I call “cr-Islamization.” Drawing on in-depth, qualitative interviews in a major Southwest city during the lead-up to the 2016 presidential election, I detail how the majority of 144 politically, racially, and economically diverse interviewees talk about Muslims as …

Subject Index Of The House And Senate Bills Passed By The General Assembly: Seventy-Second Generaly Assembly - First Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Status Of All Senate Bills As Of 8:00 A.M. June 11, 2019 - Final:, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Defying Poverty: Educator Impact On High Performing, High Poverty Students, Matthew M. Thompson

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this quantitative study was to determine if teacher and administrative experience in public schools has an impact on student standardized test achievement in poverty schools. The study determined the previous school accountability score given by the state provides predictable outcomes for the next years score within poverty schools. The study also determined the relationship between faculty experience and student success in both math and English language arts (ELA) Indiana Statewide Testing for Educational Progress (ISTEP) test scores within poverty schools was not statistically significant. Additionally, the study determined the relationship between administrator experience and student success in …

Fourth Amendment Gloss, Aziz Huq

Articles

No abstract provided.

Tribute To Judy Lipton, Ayesha B. Hardaway

Faculty Publications

Tribute to Judy Lipton

Placing Our Wager On Equine Assisted Therapy For Kids: Utilizing Kentucky's Sb 200 Reinvestment Funds On Programs That Work, Amanda Mullins Bear

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Suspended Sentences And Free-Standing Probation Orders In U.S. Guidelines Systems: A Survey And Assessment, Richard Frase

Articles

No abstract provided.

Accuracy In Public Law Enforcement Under Political Competition: Comment, Francesco Parisi

Articles

No abstract provided.

Fifty Years Of American Sentencing Reform: Nine Lessons, Michael Tonry

Articles

No abstract provided.

Forty Years Of American Sentencing Guidelines: What Have We Learned?, Richard Frase

Articles

No abstract provided.

Between Reparations And Repair: Assessing The Work Of The Icc Trust Fund For Victims Under Its Assistance Mandate, Fionnuala Ní Aoláin, Anne Dutton

Articles

No abstract provided.

Investigating Potentially Unlawful Death Under International Law: The 2016 Minnesota Protocol, Christof Heyns, Stuart Casey-Maslen, Toby Fisher, Sarah Knuckey, Thomas Probert, Morris Tidball-Binz

The International Lawyer

No abstract provided.

Aligning Emerging Global Strategies To Combat Corporate Corruption: From A Two Thrust Approach To A Two Swords One Thrust Strategy Of Compliance, Prosecutorial Discretion, And Sovereign Investor, Larry Catá Backer

The International Lawyer

No abstract provided.

The Status Of Unrecognized Quasi-States And Their Responsibilities Under The Montevideo Convention

The International Lawyer

We discuss how international law under the 1933 Montevideo Convention fails to account for Quasi-States and make recommendation of how this could be remedied.