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Articles 151 - 180 of 14783
Full-Text Articles in Law
Worthless Checks? Clemency, Compassionate Release, And The Finality Of Life Without Parole, Daniel Pascoe
Worthless Checks? Clemency, Compassionate Release, And The Finality Of Life Without Parole, Daniel Pascoe
Northwestern University Law Review
Life without parole (LWOP) sentences are politically popular in the United States because, on their face, they claim to hold prisoners incarcerated until they die, with zero prospect of release via the regularized channel of parole. However, this view is procedurally shortsighted. After parole there is generally another remedial option for lessening or abrogating punishment: executive clemency via pardons and commutations. Increasingly, U.S. legal jurisdictions also provide for the possibility of compassionate release for lifers, usually granted by a parole board.
On paper, pardon, commutation, and compassionate release are thus direct challenges to the claim that an LWOP sentence will …
The Supreme Court And Children, Aaron Tang
The Supreme Court And Children, Aaron Tang
Northwestern University Law Review
How do children fare at the Supreme Court? Empirical research on the question is sparse, but existing accounts suggest a disheartening answer. A 1996 study found that children lost more than half of their cases in the Court, and a pair of prominent scholars lamented twenty years later that “the losses in children’s rights cases” had “outpace[d] and overwhelm[ed] the victories.”
In this Article, I present evidence that complicates this understanding. Based on an original dataset comprising 262 Supreme Court decisions between 1953 and 2023, I find that children have prevailed in 62.6% of their cases. This win rate is …
Tribal Court Jurisdiction And The Exhausting Nature Of Federal Court Interference, Kekek Jason Stark
Tribal Court Jurisdiction And The Exhausting Nature Of Federal Court Interference, Kekek Jason Stark
University of Cincinnati Law Review
No abstract provided.
Regulating Social Media Through Family Law, Katharine B. Silbaugh, Adi Caplan-Bricker
Regulating Social Media Through Family Law, Katharine B. Silbaugh, Adi Caplan-Bricker
Faculty Scholarship
Social media afflicts minors with depression, anxiety, sleeplessness, addiction, suicidality, and eating disorders. States are legislating at a breakneck pace to protect children. Courts strike down every attempt to intervene on First Amendment grounds. This Article clears a path through this stalemate by leveraging two underappreciated frameworks: the latent regulatory power of parental authority arising out of family law, and a hidden family law within First Amendment jurisprudence. These two projects yield novel insights. First, the recent cases offer a dangerous understanding of the First Amendment, one that should not survive the family law reasoning we provide. First Amendment jurisprudence …
Fireside Chat With Chief Judge Jeffrey S. Sutton And Professor Nikolas Bowie: A Discussion About The Relevance And Impact Of State Constitutional Law, Roger Williams University School Of Law
Fireside Chat With Chief Judge Jeffrey S. Sutton And Professor Nikolas Bowie: A Discussion About The Relevance And Impact Of State Constitutional Law, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Essentializing Cultures In Us Asylum Law, Jaclyn Kelley-Widmer, Estelle Mckee
Essentializing Cultures In Us Asylum Law, Jaclyn Kelley-Widmer, Estelle Mckee
Brooklyn Law Review
Asylum applicants must tell a story about their home country that reduces and problematizes its culture. The requirements of asylum law demand that an applicant show why they will suffer persecution in their home country and that their government will not protect them from it. This legal framework prompts applicants to present a narrative in which their home culture plays the role of the ultimate antagonist, the force that propels the applicant’s persecutors to single them out for harm and renders their government passive—or even complicit—in the face of it. Such a narrative necessarily reduces the applicant’s culture to its …
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco
Brooklyn Law Review
The United States has continued to hold Puerto Rico as a colony, much like the British empire did the US colonies, and has given it no clear path to incorporation, statehood, or independent sovereignty. It has also denied its citizens the right to vote for their president and have voting representation in Congress. Current case law regarding Puerto Rican presidential voting rights and voting representation in Congress rests on precedent that dates almost as far back as its acquisition—the infamous Insular Cases. This case law is inconsistent with prior precedent, constitutional principles, and does not account for Puerto Rico’s contributions …
A New Private Law Of Policing, Cristina Carmody Tilley
A New Private Law Of Policing, Cristina Carmody Tilley
Brooklyn Law Review
American law and American life are asymmetrical. Law divides neatly in two: public and private. But life is lived in three distinct spaces: pure public, pure private, and hybrid middle spaces that are neither state nor home. Which body of law governs the shops, gyms, and workplaces that are formally accessible to all, but functionally hostile to Black, female, poor, and other marginalized Americans? From the liberal midcentury onward, social justice advocates have treated these spaces as fundamentally public and fully remediable via public law equity commands. This article takes a broader view. It urges a tort law revival in …
Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette
Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Aligning The Stars: Institutional Convergence As Social Change, Raymond H. Brescia
Aligning The Stars: Institutional Convergence As Social Change, Raymond H. Brescia
Fordham Law Review
In a democracy, in which the legal and constitutional systems should reflect popular will and individual and collective self-determination are the engines through which those systems are realized, what are the means by which individuals, organizations, and social movements might bring about meaningful and sustainable social change that makes that society more just, more inclusive, and more equitable? A common understanding of how social change happens, and who can bring about that change, is represented in an oft-quoted phrase, attributed to Margaret Mead: “Never doubt that a small group of committed people can change the world: Indeed, it is the …
Problem-Solving Courts And The Outcome Oversight Gap, Erin R. Collins
Problem-Solving Courts And The Outcome Oversight Gap, Erin R. Collins
UMKC Law Review
The creation of a specialized, “problem-solving” court is a ubiquitous response to the issues that plague our criminal legal system. The courts promise to address the factors believed to lead to repeated interactions with the system, such as addiction or mental illness, thereby reducing recidivism and saving money. And they do so effectively – at least according to their many proponents, who celebrate them as an example of a successful “evidence-based,” data-driven reform. But the actual data on their efficacy is underwhelming, inconclusive, or altogether lacking. So why do they persist?
This Article seeks to answer that question by scrutinizing …
Engaging The Base: Using Veterans Treatment Courts In Missouri To Address Core Issues, Evan Rodriguez
Engaging The Base: Using Veterans Treatment Courts In Missouri To Address Core Issues, Evan Rodriguez
UMKC Law Review
With a per capita veteran population surpassing the national average, Missouri presents its veterans with unique challenges in their day-to-day lives. For example, nearly one-third of Missouri veterans are disabled, compared to one-sixth of civilians. The State established the Missouri Veterans Commission, which supports veterans and their families with the veteran-specific obstacles they face. To that end, Missouri offers the second highest number of veteran benefits of any state in the country.
Like all groups of people, some veterans will unfortunately enter the criminal justice system due to varying factors. Veterans Treatment Courts ("VTCs") originated to address veteran-specific reasons for …
Community Responsive Public Defense, Alexis Hoag-Fordjour
Community Responsive Public Defense, Alexis Hoag-Fordjour
Fordham Law Review
This colloquium asks us to consider how social change is influencing the legal profession and the legal profession’s response. This Essay applies these questions to organizing around criminal injustice and the response from public defenders. This Essay surfaces the work of four innovative indigent defense organizations that are engaged with and duty-bound to the communities they represent. I call this “community responsive public defense,” which is a distinct model of indigent defense whereby public defenders look to their clients and their clients’ communities to help shape advocacy, strategy, and representation.
Methodologically, this Essay relies primarily on qualitative interviews with leaders …
The Uncertain Future Of Tourism On Migrating Barrier Islands: How And Why The Outer Banks Of North Carolina Should Adjust To Growing Threats, Lillian Coward
The Uncertain Future Of Tourism On Migrating Barrier Islands: How And Why The Outer Banks Of North Carolina Should Adjust To Growing Threats, Lillian Coward
William & Mary Law Review
Erosion, storms, and the migration of the barrier islands that comprise the Outer Banks themselves are not new. The rising seas that have resulted from climate change have merely exacerbated what has always occurred. What is new, however, is the economic havoc that natural processes and disasters alike can wreak on the islands. Today, because climate change has accelerated natural island migration, individuals, local governments, and the federal government alike have a lot to lose in the fight against the tides.
[...]
This Note will evaluate a variety of potential solutions to the problems that pose nearly existential threats to …
A New Generation Of Reform In Drug Enforcement In Kansas City, Jean Peters Baker
A New Generation Of Reform In Drug Enforcement In Kansas City, Jean Peters Baker
UMKC Law Review
Jackson County, Missouri has been at the forefront of drug policy reform for decades, with the establishment of one of America's first Drug Courts in the early 1990s. This Article will delve into the impact of the county's shift in drug policy on the drug court model, both positive and negative, and where the county expects to go in the future. We will examine what we currently understand about drugs, including the destructive effects of drugs on individuals and their families, the history of the War on Drugs and its lack of impact, and the statistics on drug crimes and …
Combating Substance Abuse And Violence In Jackson County, Missouri: A Public Health Approach To The "War On Drugs", Danielle Bukacheski, Grant Baker, Stephen R. Bough
Combating Substance Abuse And Violence In Jackson County, Missouri: A Public Health Approach To The "War On Drugs", Danielle Bukacheski, Grant Baker, Stephen R. Bough
UMKC Law Review
In 1989, Jackson County, Missouri, made history - voters passed the first tax solely dedicated to funding substance abuse prevention and treatment. Today, the COMmunity Backed Anti-Crime Tax ("COMBAT") continues to annually generate between $25 to $30 million that supports Jackson County courts, the Jackson County Prosecutor's Office, local law enforcement agencies, and nonprofit organizations focusing on prevention and treatment. COMBAT has achieved success through its de-emphasis on punitive law enforcement practices and emphasis on public health. Instead of focusing on the prosecution of drug-related offenses, COMBAT is leading a more holistic "War on Drugs" by funding community-based resources to …
Housing Court: A Balancing Act, Todd Wilcher
Housing Court: A Balancing Act, Todd Wilcher
UMKC Law Review
This article provides a general description of the Kansas City Municipal Court's Housing Court - its origin, jurisdiction, and process-and discusses the broader themes and competing interests at issue in its cases. Because detached single-family home cases take up most of the space on the dockets, the single-family home theme is a major thread in the fabric of this Article. At the same time, however-in the broader context of the municipal environment-every building, structure and open land is subject to building, zoning, and maintenance regulations. These regulations are pervasive in our modern society, and ensuring they are applied in a …
Legislating Courts, Michael Pollack
Legislating Courts, Michael Pollack
UMKC Law Review
Judges are ordinarily thought of as deciders of a specific sort: people who apply the rule of law to resolve disagreements between the parties appearing before them. But in every state, judges do far more. They are charged by state statutory or constitutional law with a range of quasi-administrative, quasi-legislative, and quasi-executive law enforcement functions. These roles raise a number of theoretical and practical concerns. In many states, though, legislatures have gone even further. They have either wholly delegated significant policymaking power to state court judges or have sat idle while those judges have assumed the mantle of functions that …
Kansas City Municipal Court's Domestic Violence Court Programming, Courtney A. Wachal, Gerald Sorensen, Jenna Phelps, Nephateri Hill
Kansas City Municipal Court's Domestic Violence Court Programming, Courtney A. Wachal, Gerald Sorensen, Jenna Phelps, Nephateri Hill
UMKC Law Review
The Kansas City Municipal Domestic Violence Court identifies cases as domestic violence if they involve intimate partner violence, violations of protective order, interfamily violence, or cases where there is a child witness. This court manages a large caseload of domestic violence violations that vary widely in the severity of the charges and the levels of violence.
The Kansas City Municipal Domestic Violence Court has prioritized their probation resources by focusing services on those cases that are most in need of supervision and on those cases most likely to be receptive to services. This article will discuss The Compliance Docket and …
The Model Law Enforcement Officer And Other First Responder's Deflection Act: A National Blueprint For Creating Successful Deflection Programs Across The Country, Marc Consalo
UMKC Law Review
The idea of finding alternatives to the traditional approach of arresting, prosecuting, and punishing an individual for criminal behavior in the hopes it will deter future illegal conduct is not new. In 1947, the Judicial Conference of the United States met to make recommendations for the first diversion programs focusing on youthful offenders. Approximately fifteen years later, states began to explore diversion as an option for some adult lawbreakers.
The birth of diversion generated a novel approach to addressing criminal activity. However, before any individual could participate in a diversion program, law enforcement arrested the person which imposed a host …
Family Treatment Courts In Rural Settings, Alissa Hendricks, John Lepage
Family Treatment Courts In Rural Settings, Alissa Hendricks, John Lepage
UMKC Law Review
Missouri courts deal in hundreds of thousands of cases each year that involve money, property, and crime, but no category of cases is more important than those dealing with the safety and welfare of children. The collaborative model of family treatment courts was created out of the passion for this responsibility to children and to the families of this state.
Family treatment courts evolved from the adult drug court model, where collaborative efforts found success within the criminal justice system. Family treatment courts are now one of the most expansive improvements conducted in the judicial, child welfare, substance use disorder …
Building A Successful Team In A Problem-Solving Court: The Western District Of Missouri Model, Carie Allen, Stephen R. Bough, Lajuana Counts, Arthur Diaz, Jeffrey Mccarther, Katie Meister, James Parker
Building A Successful Team In A Problem-Solving Court: The Western District Of Missouri Model, Carie Allen, Stephen R. Bough, Lajuana Counts, Arthur Diaz, Jeffrey Mccarther, Katie Meister, James Parker
UMKC Law Review
Problem-solving courts work. We know that reentry programs and intensive supervision programs like drug courts are effective alternatives to incarceration that reduce recidivism. For example, the United States District Court for the Western District of Missouri's Reentry Court has an 85.7% success rate for graduates, meaning they complete their term of supervised release without any new charges. A reduction of recidivism means hefty savings of tax-payer dollars. More importantly, successful problem-solving courts mean people engage in their communities, raise families, work productive jobs, and pay taxes.
Courts and legislators and executive branches around the country are increasingly turning to problem …
Safeguarding Silence: The Weaponization Of Nondisclosure Agreements And The Need For More Regulation, Johanna Shinners
Safeguarding Silence: The Weaponization Of Nondisclosure Agreements And The Need For More Regulation, Johanna Shinners
Marquette Benefits and Social Welfare Law Review
With the surge of the #MeToo movement, the weaponization of Nondisclosure agreements in cases of sexual assault and harassment has been brought to the forefront. This comment discusses the use and laws of nondisclosure agreements (NDAs) in cases of sexual assault and sexual harassment, highlighting their role in silencing victims and shielding perpetrators from accountability and underscores the broader implications of NDAs in perpetuating a culture of silence. Emphasizing the prevalence of NDAs, this comment scrutinizes their misuse and explores the historical context, highlighting the intertwining of #MeToo movement and NDAs.
This comment compares State responses, exemplified by Washington, California, …
Litigation Landmines: Exclusionary Zoning And Sober Living Homes, Rachel L. Andersen
Litigation Landmines: Exclusionary Zoning And Sober Living Homes, Rachel L. Andersen
Marquette Benefits and Social Welfare Law Review
This article delves into the intricate landscape of sober living home ordinances within residential zoning districts, shedding light on exclusionary restrictions and requirements that have triggered extensive and costly discrimination litigation. Providing a concise history of the origins of modern-day sober living homes, the article examines legislative initiatives and ongoing litigation concerning zoning ordinances aimed at regulating these homes in residential neighborhoods. It explores the nuanced use or prohibition of specific terms and conditions within such ordinances and compares historical interpretations of regulatory provisions for recovery residences. The article presents examples of contentious terms and requirements that have fueled litigation, …
The Ideology Of Press Freedom, Hannah Bloch-Wehba
The Ideology Of Press Freedom, Hannah Bloch-Wehba
Faculty Scholarship
This Article offers a critical account of the law of press freedom. American law and political culture laud the press as an institution that plays a vital role in democracy: guarding against corruption, facilitating self-governance, and advocating for free expression. These democratic functions provide justification for the law of press freedom, which defends the media’s autonomy and shields the press from outside interference.
But the dominant accounts of the press’s democratic role are only partly accurate. The law of press freedom is grounded in large part in journalism’s professional commitments to objectivity, public service, and autonomy. These idealized characterizations, flawed …
Symposium Introduction: The Volume Problem, Jeffrey Bellin
Symposium Introduction: The Volume Problem, Jeffrey Bellin
William & Mary Law Review
Introduction to the 2024 William & Mary Law Review symposium, "Understanding and Responding to Mass Incarceration."
How Remote Support Technology Can Alleviate The Caregiver Shortage, Thomas Tarver
How Remote Support Technology Can Alleviate The Caregiver Shortage, Thomas Tarver
Marquette Benefits and Social Welfare Law Review
Since the COVID-19 pandemic, nearly every sector of the economy has struggled with workforce shortages, and one of the most severely impacted industries is the long-term care services industry. Indeed, this industry has historically been unable to attract and retain enough caregivers to meet the needs of its clients and the pandemic only exacerbated this problem. Those who rely on long-term care services are typically members of some of society’s most vulnerable populations such as frail elders and individuals with disabilities. Not having enough caregivers adversely affects these populations as care staff shortages are more likely to lead to abuse …
Addressing Educational Inequality In The United States: A Comparative Approach To The European System, Yi-Sheng Liu
Addressing Educational Inequality In The United States: A Comparative Approach To The European System, Yi-Sheng Liu
Marquette Benefits and Social Welfare Law Review
This study compares educational inequality in the U.S. and Europe. Utilizing a comparative approach based on the Positive Obligations of the European Convention on Human Rights and the Fourteenth Amendment to the U.S. Constitution, we expand on social contexts and objective facts to address how the U.S responds to educational inequality issues in contemporary constitutional interpretation (digital transformation and disparity, for example). We examine emerging issues in social change and expectations and discuss the rationale for constitutional legal norms to explain how these contribute to constitutional change. We suggest that the nation’s confrontation with educational inequality should be guided by …
Hurt, Hungry, And Handcuffed: How The Prison System Fails Pregnant Women And Their Newborns, Sarah B. Bondar
Hurt, Hungry, And Handcuffed: How The Prison System Fails Pregnant Women And Their Newborns, Sarah B. Bondar
Marquette Benefits and Social Welfare Law Review
Over 200,000 women are incarcerated in the United States’ federal and state correctional institutions on any given day. In fact, more women are incarcerated now than ever before, and those rates of incarceration continue to grow at an exponential rate. Despite this large increase in the number of incarcerated women, jail policies, health-care protocols, and important interventions continue to focus primarily on incarcerated men and fail to consider the gender-specific needs of the increasing population of incarcerated females.
This comment discusses ways the United States prison system fails the pregnant women in their care. It discusses four main points including: …
Transformasi Dan Marginalisasi Masyarakat Adat: Suku Ata Modo Di Tengah Hegemoni Pengembangan Pariwisata Taman Nasional Komodo (Transformation And Marginalization Of Indigenous Communities: The Ata Modo Tribe's Experience Amidst The Hegemony Of Komodo National Park Tourism Development), Arif Putra Pratama, Avicenna Elang Chandra, Noor Risa Isnanto, An Nuur Khairune Nisa
Transformasi Dan Marginalisasi Masyarakat Adat: Suku Ata Modo Di Tengah Hegemoni Pengembangan Pariwisata Taman Nasional Komodo (Transformation And Marginalization Of Indigenous Communities: The Ata Modo Tribe's Experience Amidst The Hegemony Of Komodo National Park Tourism Development), Arif Putra Pratama, Avicenna Elang Chandra, Noor Risa Isnanto, An Nuur Khairune Nisa
The Indonesian Journal of Socio-Legal Studies
The massive development of tourism in Komodo National Park (KNP) has had a signi;icant impact on the local community there, in this case the Ata Modo Tribe. This tribe is a local tribe that has remained silent for a long time and was formed on Komodo Island long before the Komodo National Park was established. They have also lived side by side with the endangered Komodo dragon for decades and tried to maintain their culture and customs amidst the existence of KNP tourism development. This research tries to answer what cultural potential is still maintained by the Ata Modo Tribe, …