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Articles 1 - 7 of 7
Full-Text Articles in Law
On Being First, On Being Only, On Being Seen, On Charting A Way Forward, Veronica Root Martinez
On Being First, On Being Only, On Being Seen, On Charting A Way Forward, Veronica Root Martinez
Faculty Scholarship
This Essay reflects upon my professional experiences as a Black woman both at Notre Dame and beyond. It argues that it is important for students to have demographically diverse professors within their educational environments. It calls for the Notre Dame Law School community to continue to create a diverse, equitable, and inclusive culture.
Children In Custody: A Study Of Detained Migrant Children In The United States,, Emily Ryo, Reed Humphrey
Children In Custody: A Study Of Detained Migrant Children In The United States,, Emily Ryo, Reed Humphrey
Faculty Scholarship
Every year, tens of thousands of migrant children are taken into custody by U.S. immigration authorities. Many of these children are unaccompanied by parents or relatives when they arrive at the U.S. border. Others who are accompanied by parents or relatives are rendered unaccompanied when U.S. immigration authorities separate them upon apprehension. Together, these minors are called unaccompanied alien children (UACs) and transferred to the custody of the Office of Refugee Resettlement (ORR), unless and until their immigration cases are resolved or until the children can be placed with a sponsor in the United States pending the adjudication of their …
Life Without Parole Sentencing In North Carolina, Brandon L. Garrett, Travis M. Seale-Carlisle, Karima Modjadidi, Kristen M. Renberg
Life Without Parole Sentencing In North Carolina, Brandon L. Garrett, Travis M. Seale-Carlisle, Karima Modjadidi, Kristen M. Renberg
Faculty Scholarship
What explains the puzzle of life without parole (LWOP) sentencing in the United States? In the past two decades, LWOP sentences have reached record highs, with over 50,000 prisoners serving LWOP. Yet during this same period, homicide rates have steadily declined. The U.S. Supreme Court has limited the use of juvenile LWOP in Eighth Amendment rulings. Further, death sentences have steeply declined, reaching record lows. Although research has examined drivers of incarceration patterns for certain sentences, there has been little research on LWOP imposition. To shed light on what might explain the sudden rise of LWOP, we examine characteristics of …
Pointing Guns, Joseph Blocher, Samuel W. Buell, Jacob D. Charles, Darrell A. H. Miller
Pointing Guns, Joseph Blocher, Samuel W. Buell, Jacob D. Charles, Darrell A. H. Miller
Faculty Scholarship
The American gun debate is increasingly populated with scenes of people pointing and otherwise displaying guns. What is the legal regime governing gun displays, and how well can it address the distinct social and legal problems they pose? In this Essay, we argue that the current structure of criminal law does not supply clear rules of conduct sufficient to avoid the negative effects of gun displays, and that the rhetorical and expressive effects of Second Amendment debates threaten to make the situation worse. We also suggest how the legal rules might be improved, and how battles over norms—as much as …
Tainted Precedent, Darrell A. H. Miller
Of Protest And Property: An Essay In Pursuit Of Justice For Breonna Taylor, H. Timothy Lovelace Jr.
Of Protest And Property: An Essay In Pursuit Of Justice For Breonna Taylor, H. Timothy Lovelace Jr.
Faculty Scholarship
In March 2020, Louisville police officers fatally shot Breanna Taylor in her apartment while executing a no-knock warrant. There was great outrage over the killing of the innocent woman, and Kentucky Attorney General Daniel Cameron led an investigation of the officer-involved shooting.
Activists protested in Louisville after Taylor's killing, and when Cameron's investigation appeared stalled, these activists even conducted a sit-in on Cameron's front lawn. They demanded immediate justice for Taylor. Cameron sharply responded, lecturing the activists on how to achieve justice. He contended that neither trespassing on private property nor escalation in tactics could advance the cause of justice. …
Equality Metrics, Veronica Root Martinez, Gina-Gail S. Fletcher
Equality Metrics, Veronica Root Martinez, Gina-Gail S. Fletcher
Faculty Scholarship
This time is different. This time the death of another Black man at the hands of white police officers prompted calls for change not only within police departments, but across all aspects of American life. Those calls for change resulted in significant displays of support for the Black Lives Matter movement and interest in how to eliminate systemic racism and promote racial diversity and justice within one’s daily life and workplace. For the most part, corporations were quick to publicly align themselves with the movement. When carefully examined, however, many of the statements issued by corporations in support of the …