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Full-Text Articles in Law

The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap, Sheri Lynn Johnson, John H. Blume, Hannah L. Freedman Nov 2017

The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap, Sheri Lynn Johnson, John H. Blume, Hannah L. Freedman

Sheri Lynn Johnson

Capital punishment in this country, and in South Carolina, has its roots in racial subjugation, stereotype, and animosity. The extreme disparities we report here have dampened due to the combined effects of decreasing levels of open racial antagonism, the reforms of the modem death penalty, including categorical exemptions for juveniles and person with intellectual disabilities and prohibition of the imposition of the death penalty for the crime of rape, and the (small) increase in diversity in capital juries. But dampened does not mean eradicated. Significant disparities in the administration of capital punishment persist today. The color of a defendant's skin …


On The Ends And Means Of Protecting Youth In Juvenile Courts, Franklin E. Zimring Oct 2017

On The Ends And Means Of Protecting Youth In Juvenile Courts, Franklin E. Zimring

Franklin E. Zimring

No abstract provided.


From Jailbird To Jailbait: Age Of Consent Law And The Construction Of Teenage Sexualities, Kate Sutherland Jul 2017

From Jailbird To Jailbait: Age Of Consent Law And The Construction Of Teenage Sexualities, Kate Sutherland

Kate Sutherland

No abstract provided.


The Role Of Law In Educational Decision Making, John H. Vanderzell, Donald W. Dowd, Matthew W. Finkin, Mark R. Shedd Jun 2017

The Role Of Law In Educational Decision Making, John H. Vanderzell, Donald W. Dowd, Matthew W. Finkin, Mark R. Shedd

Donald W. Dowd

No abstract provided.


The Murder Of Black Males In A World Of Non-Accountability: The Surreal Trial Of George Zimmerman For The Killing Of Trayvon Martin, Mark S. Brodin Mar 2017

The Murder Of Black Males In A World Of Non-Accountability: The Surreal Trial Of George Zimmerman For The Killing Of Trayvon Martin, Mark S. Brodin

Mark S. Brodin

A critique of the "prosecution" of George Zimmerman for the murder of Trayvon Martin, concluding that the effort was botched from the beginning, tragically missing an early opportunity to hold killers of unarmed black youth accountable.


Unintended Consequences: Addressing The Impact Of Domestic Violence Mandatory And Pro-Arrest Policies And Practices On Girls And Young Women, Francine T. Sherman Mar 2017

Unintended Consequences: Addressing The Impact Of Domestic Violence Mandatory And Pro-Arrest Policies And Practices On Girls And Young Women, Francine T. Sherman

Francine T. Sherman

The OJJDP-funded National Girls Initiative and the Office on Violence Against Women (OVW) convened a roundtable of advocates to discuss the unintended consequences of mandatory and pro-arrest policies for domestic violence on girls and young women. Out of that convening arose this summary report, Unintended Consequences: Addressing the Impact of Domestic Violence Mandatory and Pro-Arrest Policies and Practices on Girls and Young Women. Our hope is that this summary report fuels a conversation about the unintended consequences and impact of mandatory and pro-arrest domestic violence policies on girls, young women, and women, as well as the disproportionate impact on communities …


Health And Safety Overregulation, Michael Lewyn Jan 2017

Health And Safety Overregulation, Michael Lewyn

Michael E Lewyn

Anti-jaywalking laws are designed to protect the safety of pedestrians. Similarly, police and child protection officials punish parents who allow their children to walk to school, in the name of child safety. This speech criticizes these policies and their justifications.


The Criminalization Of Walking, Michael Lewyn Dec 2016

The Criminalization Of Walking, Michael Lewyn

Michael E Lewyn

The simple act of walking is sometimes criminalized in the United States. Anti-jaywalking statutes and ordinances—originally motivated by auto-industry lobbyists in the 1920s—call for fines and, sometimes, imprisonment for crossing the street. Additionally, some localities have interpreted statutes against “child neglect” to encompass a parent’s decision to let their kid walk outside alone. The result of this criminalization? Such policies have reduced pedestrian liberty, increased automobile traffic and pollution, and created a disincentive for physical activity in the midst of an obesity and diabetes epidemic. In addition to discussing these effects, this Article argues that the purported safety benefits of …