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- Bail; pretrial detention; pretrial release; supervised release; equal protection; Fourteenth Amendment; equal justice under law; law and policy reform; law and justice (1)
- Dodd-Frank Wall Street Reform and Consumer Protection Act; Fraud; Hedge Funds; Misappropriation of Assets; Systemic Risk; Financial Systems; Securities Regulation; Institutional Investors; Risk Prevention; Systemic Failure; Long Term Capital Management (LTCM); Retailization; Leveraged Assets; Depository-Custodian; External Independent Valuer; Securities and Exchange Commission (SEC); Defining Hedge Funds; The Alpha; The Securities Act of 1933; The Securities and Exchange Act of 1934; The Investment Company Act of 1940; The Investment Advisers Act of 1940; Bank Runs; Derivatives; Short Selling; Trading Volume; Repo Agreements; Like-Banks Activities; Investor Protection; Scandals; The Sophisticated Investor Doctrine; Pension Funds; Compliance; SEC's Anti-Fraud Rule; SEC's Custody Rule; The International Organization of Securities Commissions (IOSCO) (1)
- Expungement; criminal record; collateral consequences; Doe; equitable circumstances; circuit split; Certificate of Rehabilitation; philosophy of punishment; tax incentives; ex-offenders (1)
- Ineffective assistance of counsel; criminal law; criminal defense attorneys; criminal justice; professional responsibility; AEDPA; habeas; Sixth Amendment; Strickland v. Washington (1)
- Law and society; criminal justice; civil rights; race; gender-based violence; domestic violence; community (1)
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- Private Prisons Information Act; Freedom of Information Act; History of Privatized Correctional Services; Corrections Corporation of America; GEO Group; Management and Training Corporation; Disclosure; Corruption; Prison Conditions; Private Prison; Transparency; Public Oversight; Federal Outsourcing to Private Prisons; Contract Prisons; (1)
- Sexual assault; intoxication; voluntary intoxication; sex crimes; consensual sex; nonconsensual sex; alcohol; drugs; consent; capacity; incapacity; sexual assault legislation (1)
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Articles 1 - 15 of 15
Full-Text Articles in Law
Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher
Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher
Brooklyn Journal of Corporate, Financial & Commercial Law
Private prisons are not subject to the same regulations as government prisons. Particularly, private prisons are exempt from the requirements set forth in the Freedom of Information Act and its state equivalents, which provide that the public has an enforceable right to request certain records from government agencies. Numerous efforts made by members of Congress to enact the Private Prison Information Act, a bill that would subject private prisons to disclosure laws found in the Freedom of Information Act, have been unsuccessful. Such efforts to strip the veil of secrecy that shades private prisons from public scrutiny are especially important …
The Constitution Of Police Violence, Alice Ristroph
The Constitution Of Police Violence, Alice Ristroph
Faculty Scholarship
No abstract provided.
Too Vast To Succeed, Miriam Baer
Bail Nullification, Jocelyn Simonson
Rape, Truth, And Hearsay, Bennett Capers
Dismissals As Justice, Anna Roberts
Insider Trading's Legality Problem, Miriam Baer
Insider Trading's Legality Problem, Miriam Baer
Faculty Scholarship
No abstract provided.
Democratizing Criminal Justice Through Contestation And Resistance, Jocelyn Simonson
Democratizing Criminal Justice Through Contestation And Resistance, Jocelyn Simonson
Faculty Scholarship
No abstract provided.
Redrawing The Boundaries Of Relational Crime, Cynthia Godsoe
Redrawing The Boundaries Of Relational Crime, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
“Lucky” Adnan Syed: Comprehensive Changes To Improve Criminal Defense Lawyering And Better Protect Defendants’ Sixth Amendment Rights, Meredith J. Duncan
“Lucky” Adnan Syed: Comprehensive Changes To Improve Criminal Defense Lawyering And Better Protect Defendants’ Sixth Amendment Rights, Meredith J. Duncan
Brooklyn Law Review
Almost twenty years ago, seventeen years old and accused of murder, Adnan Syed was deprived of his Sixth Amendment right to the effective assistance of counsel at trial and sentenced to life in prison. The reality is that Syed is just another casualty of the criminal justice system’s tolerance of poor defense lawyering. The substandard quality of legal representation highlighted in Syed’s case continues to harm countless defendants nationwide, and the promise of effective assistance of counsel for the accused remains unfulfilled due to a combination of factors. This article suggests comprehensive changes to certain aspects of the criminal justice …
From Systemic Risk To Financial Scandals: The Shortcomings Of U.S. Hedge Fund Regulation, Marco Bodellini
From Systemic Risk To Financial Scandals: The Shortcomings Of U.S. Hedge Fund Regulation, Marco Bodellini
Brooklyn Journal of Corporate, Financial & Commercial Law
In the recent past, hedge funds have demonstrated that they can pose and spread systemic risk across the financial markets, and that their managers can use them to commit fraud and misappropriation of fund assets. Even if the first issue now seems to be considered a serious one by the U.S. legislature, which in 2010, as a legislative response to the global financial crisis of 2007-2008, enacted the Dodd-Frank Act Wall Street Reform and Consumer Protection Act (Dodd-Frank), the current regulation still appears inconsistent and inappropriate to prevent and face it. By contrast, the second issue is not always considered …
Wiping The Slate… Dirty: The Inadequacies Of Expungement As A Solution To The Collateral Consequences Of Federal Convictions, Alexia Lindley Faraguna
Wiping The Slate… Dirty: The Inadequacies Of Expungement As A Solution To The Collateral Consequences Of Federal Convictions, Alexia Lindley Faraguna
Brooklyn Law Review
Criminal justice reform discussions routinely permeate political and societal media forums. Many proponents of reform highlight the concern that significant collateral consequences plague ex-offenders and prohibit them from resuming a meaningful place in society. Specifically, scholars focus on the lack of employment opportunities for ex-offenders as the most salient and detrimental collateral consequence. Some academics argue the expansion of expungement of criminal records would rectify the lack of employment opportunities to this group, and correct the general societal imbalance ex-offenders face. Wiping away an ex-offender’s past transgression is seen as a public act of forgiveness that removes the possibility of …
Pricing Justice: The Wasteful Enterprise Of America's Bail System, Liana M. Goff
Pricing Justice: The Wasteful Enterprise Of America's Bail System, Liana M. Goff
Brooklyn Law Review
This note contributes to the growing national consensus about the need to reduce the population of low-income defendants who are detained pretrial due to their inability to afford bail. It documents the efforts undertaken by certain state actors to mitigate the harmful consequences of wealth-based pretrial systems and critiques the so-called alternatives to cash bail—namely, supervised release programs. This note suggests that lawmakers eliminate the role of finances and incarceration in pretrial procedure altogether and recommends an approach to criminal procedure that is based not only on heuristic methods of measuring cost and benefit but also normative principles of good …
The Conundrum Of Voluntary Intoxication And Sex, Michal Buchhandler-Raphael
The Conundrum Of Voluntary Intoxication And Sex, Michal Buchhandler-Raphael
Brooklyn Law Review
Research shows that a significant number of sexual assaults occur after victims have consumed an excessive amount of intoxicants, rendering them substantially impaired and incapable of opposing nonconsensual sexual acts. Existing sexual assault statutes mostly criminalize sexual acts with involuntarily intoxicated people, namely when the defendant administered the intoxicants to the victim. Most of these statutes, however, do not directly prohibit sexual intercourse with voluntarily intoxicated victims whose intoxication was self-inflicted. While general prohibitions against sexual intercourse with physically and mentally incapacitated individuals may be used to prosecute sexual assaults of intoxicated victims, they offer only an incomplete solution to …
The Community Politics Of Domestic Violence, Deborah M. Weissman
The Community Politics Of Domestic Violence, Deborah M. Weissman
Brooklyn Law Review
Gender violence has long been identified as a crisis of epidemic proportions that defies facile solution. Despite decades of intellectual and practical engagement, law reform, and notwithstanding increased social services and public health interventions, the rates of gender violence have not appreciably declined. The field of domestic violence advocacy is itself in a crisis, and it has been difficult to discern the best way forward. Reliance on the criminal justice system has tended to fracture the domestic violence movement even as it marginalized itself from disenfranchised populations. This article offers a case study of an incident that occurred between the …