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Full-Text Articles in Law

Transparency And Comparative Executive Clemency: Global Lessons For Pardon Reform In The United States, Andrew Novak Jan 2016

Transparency And Comparative Executive Clemency: Global Lessons For Pardon Reform In The United States, Andrew Novak

University of Michigan Journal of Law Reform

This Article argues for transparency in the clemency process and contends that the concept of clemency as a benign sovereign’s “act of grace” is no longer appropriate in the modern world where executive action is subordinate to principles of constitutional due process and administrative equity. Despite calls for federal clemency reform in the United States, little comparative research examines clemency elsewhere in the common law world. This Article compares common law countries’ constitutional clemency mechanisms designed to promote openness, public and victim participation, and rational decision-making. In addition, this Article proposes four reforms to the U.S. pardon system that other …


Visiting Room: A Response To Prison Visitation Policies: A Fifty-State Survey, Giovanna Shay Jan 2013

Visiting Room: A Response To Prison Visitation Policies: A Fifty-State Survey, Giovanna Shay

Faculty Scholarship

This Essay responds to Boudin, Stutz & Littman, Prison Visitation Policies: A Fifty State Survey, by placing American visitation policies in a global context. American prison visitation polices are unique among advanced democracies. Other nations, particularly in Western Europe, have far more liberal policies. Prisons in the United Kingdom, Canada, and Finland feature mother/baby units and family visitation centers. In Denmark and Norway, prisoners are granted passes to visit family. These policies encourage visitation. Increased visitation is linked to lower recidivism, so adopting such policies would potentially lower prison populations in the United States. The Essay acknowledges that following …


When The Victim Becomes The Criminal: The Case Of Ivan Simonovis, Nicole M. Bagdadi Jan 2013

When The Victim Becomes The Criminal: The Case Of Ivan Simonovis, Nicole M. Bagdadi

ILSA Journal of International & Comparative Law

Hugo Rafael Chdvez Frias rose to power in the midst of an era marked by corruption at the hands of high officials and high levels of poverty.