Law Commons^™

The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow

Kevin Crow

Mandatory Immigration Detention For U.S. Crimes: The Noncitizen Presumption Of Dangerousness, Mark Noferi

Mark L Noferi

Nsa And Dea Intelligence Sharing: Why It's Legal And Why Reuters Got It Wrong, Melanie M. Reid

Melanie M. Reid

No abstract provided.

The Effect Of Hawaii’S Ban The Box Law On Repeat Offending, Stewart D'Alessio, Lisa Stolzenberg, Jamie Flexon

Lisa Stolzenberg

The social stigma accompanying an official criminal record hinders the ability of an individual to acquire quality and stable employment, which is problematic because of the often reported nexus between unemployment and criminal behavior. Ban the box laws that limit an employer’s use of criminal background checks during the hiring process are being established across the country to help integrate ex-offenders into the labor force. The current study investigates whether Hawaii’s 1998 ban the box law reduced repeat offending in Honolulu County. Logistic regression results show that a criminal defendant prosecuted in Honolulu for a felony crime was 57% less …

“Them Feds Don’T Play Fair” : The Fourth Amendment And Cloud-Based Data, Laurie B. Serafino

Laurie B. Serafino

Scholars have frequently suggested that the Fourth Amendment ought to be applied with varying degrees of rigor depending on the seriousness of the crime investigated. Courts have largely rejected such an offense-specific approach to constitutional protections, but have demonstrated deference to the Executive Branch in matters of national security in other contexts. The particularly heightened concern raised by the threat of terrorism suggests that, at least in the context of these most serious of cases, courts ought to engage in some form of balance that recognizes the uniquely strong government interest. Such an approach, however, has to recognize that the …

Maryland Repeals The Death Penalty, But Leaves Five On Death Row: Should The State That Condemned An Innocent Man To Die Commute All Five Death Sentences?, Meredith Pendergrass

Meredith Pendergrass

No abstract provided.

Fifteen Years And Death: Double Jeopardy, Multiple Punishments, And Extended Stays On Death Row, Michael J. Johnson

Michael P. Johnson

Fifteen Years and Death is a Note that considers a completely novel application of the Double Jeopardy Clause to excessive time on death row. Traditionally, death penalty opponents have attacked the now fifteen-year average wait time on death row as a violation of the Eighth Amendment’s prohibition on cruel and unusual punishments, but this argument has fallen flat time and time again as courts have been reluctant to find merely living in prison to be “cruel” or “unusual.” Most courts do admit, however, that such time on death row does constitute some sort of punishment. As originally imagined, the Double …

Policing Terrorists In The Community, Sahar F. Aziz

Sahar F. Aziz

Twelve years after the September 11th attacks, countering domestic terrorism remains a top priority for federal law enforcement agencies. Using a variety of reactive and preventive tactics, law enforcement seeks to prevent terrorism before it occurs. Towards that end, community policing developed in the 1990s to combat violent crime in inner city communities is being adopted in counterterrorism as a means of collaborating with Muslim communities and local police to combat “Islamist” homegrown terrorism. Developed in response to paramilitary policing models, community policing is built upon the notion that effective policing requires mutual trust and relationships among law enforcement and …

United States V. Jones: Big Brother And The "Common Good" Versus The Fourth Amendment And Your Right To Privacy, Melanie M. Reid

Melanie M. Reid

No abstract provided.

When Does Restitution Become Retribution?, Melanie M. Reid, Curtis L. Collier

Melanie M. Reid

A defendant, charged with knowingly possessing material that contains images of child pornography which has been transported in interstate commerce by means of a computer, in violation 18 U.S.C. §§ 2252A(a)(5)(B) and (b)(2), needs to be aware that he may be hit with a large restitution order at the time of his sentencing. At sentencing, the court not only sentences the defendant to a term of imprisonment, supervised release, and assessment, but also orders an amount of restitution to be paid to the identified victims of the child pornography. This restitution order must comply with 18 U.S.C. § 2259 which …

“Just The Facts”: Detective Fiction In The Law School Curriculum, Robert Power

Robert C Power

No abstract provided.

A Round Peg In A Square Hole: Federal Forfeiture Of State Professional Licenses, Wesley Oliver

Wesley M Oliver

No abstract provided.

With An Evil Eye And An Unequal Hand: Pretextual Stops And Doctrinal Remedies To Racial Profiling, Wesley Oliver

Wesley M Oliver

No abstract provided.

Case & Statute Comments, "Public Education And Crime: Supreme Court Backs States' Rights, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.

Case & Statute Comments, Search And Seizure-Search Warrants-Identification Of Confidential Informants, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.

Case & Statute Comments, The New Massachusetts Drug Asset Forfeiture Law: A Dialogue, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.

The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein

Richard Adelstein

My dissertation of 1975, published by Garland Publishing in their series Outstanding Dissertations in Economics, 1984