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Articles 1 - 30 of 37
Full-Text Articles in Law
Fine-Tuning: The Emergent Order-Maintenance Architecture Of Local Civil Enforcement, Brendan M. Conner
Fine-Tuning: The Emergent Order-Maintenance Architecture Of Local Civil Enforcement, Brendan M. Conner
Pace Law Review
No abstract provided.
The Concrete Jungle: Where Dreams Are Made Of . . . And Now Where Children Are Protected, Samantha A. Mumola
The Concrete Jungle: Where Dreams Are Made Of . . . And Now Where Children Are Protected, Samantha A. Mumola
Pace Law Review
The tragic and unsettling story of Kalief Browder has notably emerged as a prominent illustration of our criminal justice system’s historical failure to protect our youth. Kalief’s story gained massive media attention with the help of a TIME documentary series featured on Netflix and famous A-listers such as music artist Jay-Z and TV host Rosie O’Donnell. It is hard to ignore the fact that Kalief Browder was cheated by the system; he chose suicide to escape his demons, which developed after undeserved time spent at Riker’s – a place he would have never experienced had he initially been tried as …
George Washington’S Attorneys: The Political Selection Of United States Attorneys At The Founding, Scott Ingram
George Washington’S Attorneys: The Political Selection Of United States Attorneys At The Founding, Scott Ingram
Pace Law Review
This Article examines the relationship between the Nation’s first President and the selection of United States Attorneys. It argues that politics played an important, if not primary, role in the President’s selections. George Washington sought those who would represent the government’s interests, adhere to the government’s policies, and advance Washington’s political goals. His selections also demonstrated Washington’s requirement of loyalty to America. In this respect, the politicization of United States Attorneys occurred at the outset. Part I of this Article defines politicization and identifies its four aspects. Part II describes the United States Attorney position as understood through the 1789 …
Unspoken Immunity And Reimagined Justice: The Potential For Implementing Restorative Justice And Community Justice Models In Police-Related Shootings, Hannah Walker
Pace Law Review
The purpose of this Note is to analyze the limitations of the criminal legal system when faced with cases of police-related shootings. Specifically, I will discuss two instances of police (mis)conduct that captured the attention of the nation in the past three years: the non-indictment of Cleveland Police Officer Timothy Loehmann and the conviction of NYPD Officer Peter Liang. First, by assessing the circumstances and responses to those two cases, I will argue that the criminal legal system is inherently incapable of responding to and remedying the violence that occurs in situations laced with power, privilege, and emotional trauma. Second, …
Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen
Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen
Pace Law Review
Part I of this note discusses the Fourth Amendment’s protection against unreasonable search and seizures and its probable cause requirement. The Fourth Amendment’s text remains the same since its enactment. However, interpretation of the Fourth Amendment continues to evolve in order to stay current with society. Interpretation of the Fourth Amendment also varies based on state constitutional law since states can provide its citizens with greater protection than the United States Constitution. This is why the United States Supreme Court, federal district courts, and state courts have all undergone thorough Fourth Amendment analyses when applying the true meaning of the …
Babies Behind Bars: An Evaluation Of Prison Nurseries In American Female Prisons And Their Potential Constitutional Challenges, Seham Elmalak
Babies Behind Bars: An Evaluation Of Prison Nurseries In American Female Prisons And Their Potential Constitutional Challenges, Seham Elmalak
Pace Law Review
This note opens the prison doors and delves into the United States female prison system, primarily focusing on the positive and negative impact of nursery programs on mothers and children, along with potential constitutional claims that can be brought against these programs. Part I provides a general background about the American prison system, and briefly touches on the constitutional standards of prisoners’ rights. It also discusses the history and development of female prisons and illustrates the rapid increase of female incarceration. Part II focuses on the prevalence of mothers within the female population in prisons. Part III introduces prison nursery …
Criminal Mind Or Inculpable Adolescence? A Glimpse At The History, Failures, And Required Changes Of The American Juvenile Correction System, Christopher J. Menihan
Criminal Mind Or Inculpable Adolescence? A Glimpse At The History, Failures, And Required Changes Of The American Juvenile Correction System, Christopher J. Menihan
Pace Law Review
This Comment provides an historical analysis of the principles, understandings and laws that have formed and altered the American juvenile correction system. Part I offers an historical synopsis of the societal understanding that juvenile offenders are less culpable than their adult counterparts and explains the process by which this concept came to permeate early American common law. By discussing the early nineteenth-century juvenile correction reformation movement and the cases that followed, Part I also illustrates the development and early failures of the American juvenile correction system. Part II explains the history of juvenile waiver laws, from their early presence in …
Slaying The Dragon: How The Law Can Help Rehab A Country In Crisis, Samantha Kopf
Slaying The Dragon: How The Law Can Help Rehab A Country In Crisis, Samantha Kopf
Pace Law Review
Motor-vehicle-related deaths consistently topped the accidental death count in the United States for decades. In 2009, for the first time, drug poisoning took over as the number one accidental killer. In 1980, approximately 6,100 people died from drug overdose. In the past ten years, the drug overdose rate for males and females, regardless of race, ethnicity and age, increased. In 2000, 4.1 per 100,000 people died from unintentional drug overdose; in 2010, that number rose to 9.7 per 100,000. The drug overdose epidemic, now the leading cause of unintentional death in the United States, warrants national attention.
To reduce the …
#Snitches Get Stitches: Witness Intimidation In The Age Of Facebook And Twitter, John Browning
#Snitches Get Stitches: Witness Intimidation In The Age Of Facebook And Twitter, John Browning
Pace Law Review
In order to better understand witness intimidation in the age of social media, one must examine both the forms it has taken as well as the response by law enforcement and the criminal justice system. As this article points out, the digital age has brought with it a host of new ways in which witnesses may be subjected to online harassment and intimidation across multiple platforms, and those means have been used to target not only victims and fact witnesses but even prosecutors and expert witnesses as well. The article will also examine potential responses to the problem of witness …
The Challenges Of Preventing And Prosecuting Social Media Crimes, Thaddeus Hoffmeister
The Challenges Of Preventing And Prosecuting Social Media Crimes, Thaddeus Hoffmeister
Pace Law Review
The adoption and use of social media by a broad spectrum of criminal defendants has raised some significant challenges for those tasked with crime prevention. This article will look at those challenges through the lens of three cases involving social media: United States v. Drew, United States v. Sayer, and United States v. Cassidy. However, prior to beginning that examination, this article will briefly discuss and categorize the various ways criminal defendants employ social media.
First Amendment Rights For Publishers And The Distribution Of Unsolicited Magazines To Inmates, Samantha Halpern
First Amendment Rights For Publishers And The Distribution Of Unsolicited Magazines To Inmates, Samantha Halpern
Pace Law Review
This Article discusses whether inmates have a First Amendment interest in receiving unsolicited publications, and whether a publisher has a First Amendment interest in distributing unsolicited publications. Part II will discuss the history of prisoners’ First Amendment rights, specifically in relation to publications and communications, and how the standard for First Amendment violations of prisoner rights has evolved over time. Part III will focus on the Supreme Court case Turner v. Safley and how the test articulated in Turner applied to cases that followed. Part IV will address whether the Turner standard was the appropriate test to apply to whether …
Prison Ain’T Hell: An Interview With The Son Of Sam—David Berkowitz, And Why State-Funded Faith-Based Prison Rehabilitation Programs Do Not Violate The Establishment Clause, Rebekah Binger
Pace Law Review
No abstract provided.
Annotated Bibliography On Independent Prison Oversight, Michele Deitch
Annotated Bibliography On Independent Prison Oversight, Michele Deitch
Pace Law Review
No abstract provided.
Independent Correctional Oversight Mechanisms Across The United States: A 50-State Inventory, Michele Deitch
Independent Correctional Oversight Mechanisms Across The United States: A 50-State Inventory, Michele Deitch
Pace Law Review
No abstract provided.
Getting To Yes In A Plra World, Elizabeth Alexander
Getting To Yes In A Plra World, Elizabeth Alexander
Pace Law Review
No abstract provided.
Effective Corrections Oversight: What Can We Learn From Aca Standards And Accreditation?, David M. Bogard
Effective Corrections Oversight: What Can We Learn From Aca Standards And Accreditation?, David M. Bogard
Pace Law Review
No abstract provided.
Accrediting The Accreditors: A New Paradigm For Correctional Oversight, Lynn S. Branham
Accrediting The Accreditors: A New Paradigm For Correctional Oversight, Lynn S. Branham
Pace Law Review
No abstract provided.
Ensuring Progress: Accountability Standards Recommended By The National Prison Rape Elimination Commission, Jamie Fellner
Ensuring Progress: Accountability Standards Recommended By The National Prison Rape Elimination Commission, Jamie Fellner
Pace Law Review
No abstract provided.
Reflections On A Government Model Of Correctional Oversight, Richard T. Wolf
Reflections On A Government Model Of Correctional Oversight, Richard T. Wolf
Pace Law Review
No abstract provided.
Role Of The Correctional Association Of New York In A New Paradigm Of Prison Monitoring, Jack Beck
Role Of The Correctional Association Of New York In A New Paradigm Of Prison Monitoring, Jack Beck
Pace Law Review
No abstract provided.
The Role Of Civilian Organizations With Prison Access And Citizen Members—The New York Experience, John M. Brickman
The Role Of Civilian Organizations With Prison Access And Citizen Members—The New York Experience, John M. Brickman
Pace Law Review
No abstract provided.
Oversight Of Law Enforcement Is Beneficial And Needed—Both Inside And Out, Barbara Attard
Oversight Of Law Enforcement Is Beneficial And Needed—Both Inside And Out, Barbara Attard
Pace Law Review
No abstract provided.
Prison Inspection And The Protection Of Prisoners’ Rights, Anne Owers
Prison Inspection And The Protection Of Prisoners’ Rights, Anne Owers
Pace Law Review
No abstract provided.
The Ombudsman As A Monitor Of Human Rights In Canadian Federal Corrections, Howard Sapers, Ivan Zinger
The Ombudsman As A Monitor Of Human Rights In Canadian Federal Corrections, Howard Sapers, Ivan Zinger
Pace Law Review
No abstract provided.
The Role Of Citizens And Non-Profit Advocacy Organizations In Providing Oversight, Vivien Stern
The Role Of Citizens And Non-Profit Advocacy Organizations In Providing Oversight, Vivien Stern
Pace Law Review
No abstract provided.
The Importance Of Dialogue And Cooperation In Prison Oversight, Silvia Casale
The Importance Of Dialogue And Cooperation In Prison Oversight, Silvia Casale
Pace Law Review
No abstract provided.
Professionalism In Corrections And The Need For External Scrutiny: An International Overview, Andrew Coyle
Professionalism In Corrections And The Need For External Scrutiny: An International Overview, Andrew Coyle
Pace Law Review
No abstract provided.
Prison Oversight And Prison Leadership, Stan Stojkovic
Prison Oversight And Prison Leadership, Stan Stojkovic
Pace Law Review
No abstract provided.
The Quixotic Dilemma, California’S Immutable Culture Of Incarceration, Geri Lynn Green
The Quixotic Dilemma, California’S Immutable Culture Of Incarceration, Geri Lynn Green
Pace Law Review
No abstract provided.
Reflections On 60 Years Of Outside Scrutiny Of Prisons And Prison Policy In The United States, Nicholas De B. Katzenbach
Reflections On 60 Years Of Outside Scrutiny Of Prisons And Prison Policy In The United States, Nicholas De B. Katzenbach
Pace Law Review
No abstract provided.