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Articles 1 - 7 of 7
Full-Text Articles in Law
Twenty Years After The Education Apocalypse: The Ongoing Fall Out From The 1994 Omnibus Crime Bill, Spearit, Mary Gould
Twenty Years After The Education Apocalypse: The Ongoing Fall Out From The 1994 Omnibus Crime Bill, Spearit, Mary Gould
Articles
This essay is an introduction to the 2013 National Conference on Higher Education in Prison, organized by the Saint Louis University Prison Program. It is a primer on the current state of higher education in prison, which provides a social-legal framework for the conference and the symposium essays that follow. Beginning with the recent history of the exponential growth of incarceration in the past four decades, it charts the unprecedented reliance on incarceration that, at present, distinguishes the country as a world-class punisher. It was in the middle of this shift that the 1994 Omnibus Crime Bill was born, which …
Visions Of The Future Of (Legal) Education, Michael J. Madison
Visions Of The Future Of (Legal) Education, Michael J. Madison
Articles
One law professor takes a stab at imagining an ideal law school of the future and describing how to get there. The Essay spells out a specific possible vision, taking into account changes to the demand for legal services and changes to the economics and composition of the legal profession. That thought experiment leads to a series of observations about values and vision in legal education in general and about what it might take to move any vision forward.
Lost Classics Of Intellectual Property Law, Michael J. Madison
Lost Classics Of Intellectual Property Law, Michael J. Madison
Articles
Santayana wrote, “Those who cannot remember the past are condemned to repeat it.” American legal scholarship often suffers from a related sin of omission: failing to acknowledge its intellectual debts. This short piece attempts to cure one possible source of the problem, in one discipline: inadequate information about what’s worth reading among older writing. I list “lost classics” of American scholarship in intellectual property law. These are not truly “lost,” and what counts as “classic” is often in the eye of the beholder (or reader). But these works may usefully be found again, and intellectual property law scholarship would be …
Giving Meaning To 'Meaningful Access' In Medicaid Managed Care, Mary Crossley
Giving Meaning To 'Meaningful Access' In Medicaid Managed Care, Mary Crossley
Articles
As states seek to shift Medicaid recipients with disabilities out of traditional fee-for-service settings and into managed care plans, vexing questions arise about the impact on access to needed care and providers for beneficiaries with medically complex needs. With many states expanding their Medicaid program as part of health care reform and cost-containment pressures continuing to mount, this movement will likely accelerate over the next several years. This Article examines the possibility that disability discrimination law might provide a mechanism for prodding states in the planning stage to anticipate and plan for likely access issues, as well as for challenging …
Economic Interest Convergence In Downsizing Imprisonment, Spearit
Economic Interest Convergence In Downsizing Imprisonment, Spearit
Articles
This Essay employs a variation of the “interest convergence” concept to examine the competing interests at stake in downsizing imprisonment in the United States. In the last few decades, the country has become the world leader in both incarceration rates and number of inmates. Reversing these trends is a common goal of multiple parties, who advocate prison reform under different rationales. Some advocate less imprisonment as a means of tempering the disparate effects of imprisonment on individual offenders and the communities to which they return. Others support downsizing based on conservative values that favor reduced government size, spending, and interference …
Remittances From Puerto Rico: Unsuspected Transnational Locality In Times Of Crisis, Sheila I. Velez Martinez
Remittances From Puerto Rico: Unsuspected Transnational Locality In Times Of Crisis, Sheila I. Velez Martinez
Articles
This paper looks at immigrant remittances from Puerto Rico as a tool to understand how immigrant communities have faced and engaged the economic crisis. For example, from the data reviewed, it stems that immigrant remittances sent from Puerto Rico do not follow the same patterns as remittances sent from the United States and Europe inasmuch as they seem less affected by the global financial crisis and local unemployment rates. The research conducted also tends to indicate that money transfers from Puerto Rico might allow us to grasp the growing economic transnational relationships that are being maintained by varied immigrant communities …
Muslim Radicalization In Prison: Responding With Sound Penal Policy Or The Sound Of Alarm?, Spearit
Muslim Radicalization In Prison: Responding With Sound Penal Policy Or The Sound Of Alarm?, Spearit
Articles
This article assesses radicalization among Muslim prisoners in the post- 9/11 era by analysis of ethnographic data in light of the available research. There are two primary motives that drive this inquiry: (1) to determine whether prisons are “fertile soil for jihad” as claimed, and (2) to the extent prisoner radicalization does occur, determine the ideological motives. In the last decade, politicians and analysts have clamored about the “danger” and “threat” posed by Islam in American prisons. Yet these characterizations sit in tension with several decades of sustained Islamic outreach in prison to support inmate rehabilitation and re-entry. They also …