Law Commons^™

Symposium: Expanding Compassion Beyond The Covid-19 Pandemic, Jenny Roberts

Articles in Law Reviews & Other Academic Journals

Compassionate relief matters. It matters so that courts may account for tragically unforeseeable events, as when an illness or disability renders proper care impossible while a defendant remains incarcerated, or when family tragedy leaves an inmate the sole caretaker for an incapacitated partner or minor children. It matters too, as present circumstances make clear, when public-health calamities threaten inmates with literal death sentences. It matters even when no crisis looms, but simply when continued incarceration would be "greater than necessary" to achieve the ends of justice.

Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Strangers come into a child's room in the middle of the night, drag her kicking and screaming into a van, apply handcuffs, and drive her to a behavior modification facility at a distant location. What sounds like a clear-cut case of kidnapping is complicated by the fact that the child's parents not only authorized this intervention, but also paid for it. This scarcely publicized practice-known as the youth-transportation industry-operates on the fringes of existing law. The law generally presumes that parents have almost unlimited authority over their children, but the youth-transportation industry has never been closely examined regarding exactly what …

'From Savigny Through Sir Henry Maine': Roscoe Pound’S Flawed Portrait Of James Coolidge Carter’S Historical Jurisprudence, Lewis A. Grossman

Working Papers

In Roscoe Pound's scathing 1909 review of Law: Its Origin, Growth and Function, American jurist James Coolidge Carter's magnum opus, Pound asserted that Carter's conception of law "comes from Savigny through Sir Henry Maine." Frederich Karl von Savigny and Sir Henry Maine were the most prominent representatives of the German and English historical schools of jurisprudence, respectively. For his part, Carter was the leading representative of historical jurisprudence in the United States.

Other scholars, following Pound, have similarly linked Carter to Savigny and Maine, especially to the former. Moreover, various authors have noted the great effect these European jurists had …

Battering, Forgiveness And Redemption, Brenda V. Smith

Project on Addressing Prison Rape - Articles

While there has been some acknowledgement that battered women kill, there has been less acceptance that battered women may have been arrested for some other offense. Can those fallible women be “forgiven” for their offenses and allowed to receive the community affirmation, validation, social services, and protection that other battered women receive? This Article focuses on a topic that, though discussed, has frequently been dismissed in the domestic violence discourse; battered women’s forgiveness of their batterers and battered women’s process of forgiving themselves for participating in the relationship.

Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins

Articles in Law Reviews & Other Academic Journals

INTRODUCTION:Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- tropic …