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2020

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Articles 4981 - 4987 of 4987

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Progressive Punitivism: Notes On The Use Of Punitive Social Control To Advance Social Justice Ends, Hadar Aviram Jan 2020

Progressive Punitivism: Notes On The Use Of Punitive Social Control To Advance Social Justice Ends, Hadar Aviram

Faculty Scholarship

No abstract provided.

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Moral Character: Making Sense Of The Experiences Of Bar Applicants With Criminal Records, Hadar Aviram Jan 2020

Moral Character: Making Sense Of The Experiences Of Bar Applicants With Criminal Records, Hadar Aviram

Faculty Scholarship

No abstract provided.

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Reliance On Executive Constitutional Interpretation, Zachary S. Price Jan 2020

Reliance On Executive Constitutional Interpretation, Zachary S. Price

Faculty Scholarship

Federal executive officials routinely authorize government personnel to violate otherwise applicable laws based on contestable constitutional interpretations. This practice raises an important and unresolved question, one that arose in connection with the George W Bush Administration's interrogation practices and that could easily arise again: What legal effect, if any, should internal executive guidance on constitutional questions have in subsequent civil or criminal litigation against officials who relied on it? This Article systematically analyzes this question. Building on existing case law in related areas, it argues that any sound reliance defense in this area must balance three competing constitutional considerations: (1) …

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The State Of Restorative Justice In American Criminal Law, Thalia Gonzalez Jan 2020

The State Of Restorative Justice In American Criminal Law, Thalia Gonzalez

Faculty Scholarship

Restorative justice has been part of the American criminal justice system for more than three decades. Yet, it has only recently expanded into mainstream reform conversations—particularly those addressing mass incarceration and securing justice—and has gained a new urgency following nationwide protests in response to racial violence and anti-Blackness. Such increased attention necessitates that reformists think carefully about the existing legal landscape of restorative justice to ensure that the construction and refinement of restorative justice laws do not yield undesirable state and local practices. Drawing on a dataset of 264 laws, including statutes, court rules, and regulations in 46 jurisdictions, this …

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Son Of Sam, Service-Connected Entitlements, And Disabled Veteran Prisoners, Jennifer D. Oliva Jan 2020

Son Of Sam, Service-Connected Entitlements, And Disabled Veteran Prisoners, Jennifer D. Oliva

Faculty Scholarship

No abstract provided.

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Growth Of Open Access Law Research Articles Seen Through Doaj: A Bibliometric Analysis, Archana Sahu, Puspanjali Jena Prof. Jan 2020

Growth Of Open Access Law Research Articles Seen Through Doaj: A Bibliometric Analysis, Archana Sahu, Puspanjali Jena Prof.

Library Philosophy and Practice (e-journal)

This study provides a bibliometric analysis of law literature published from 2015-2019. A total of 3001 articles were retrieved from DOAJ database for the study. The law literature has been further divided into two categories, i.e. Public law and Private law. This paper focuses on the journal-wise distribution of publications, subject-wise distribution of publications, annual growth rate as well as compound annual growth rate, relative growth rate (RGR) and doubling time (DT) of open access law literature. Various statistical tests and methods such as Student’s t test, Chi-square test and correlation studies have been applied to verify the significance difference …

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Covid-19 And The Conundrum Of Mask Requirements, Robert Gatter, Seema Mohapatra Jan 2020

Covid-19 And The Conundrum Of Mask Requirements, Robert Gatter, Seema Mohapatra

All Faculty Scholarship

As states begin to loosen their COVID-19 restrictions, public debate is underway about what public health measures are appropriate. Many states have some form of mask-wearing orders to prevent the spread of COVID-19 infection. Public health guidance from the Centers for Disease Control and Prevention and the World Health Organization has conflicted. From a public health point of view, it is not clear what the right answer is. In the absence of directives, individuals are also making their own choices about mask use. At a time when public health measures, like shelter-in-place orders and social distancing, are being used to …

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