Law Commons^™

Negotiating Peremptory Challenges, Caren Myers Morrison

Journal of Criminal Law and Criminology

No abstract provided.

Confronting Cognitive “Anchoring Effect" And “Blind Spot” Biases In Federal Sentencing: A Modest Solution For Reforming A Fundamental Flaw, Mark W. Bennett

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Constitutional Avoidance, William W. Berry Iii

Journal of Criminal Law and Criminology

No abstract provided.

The Hedonic Consequences Of Punishment Revisited, Christopher Wildeman, Kristin Turney, Jason Schnittker

Journal of Criminal Law and Criminology

No abstract provided.

Imposing Indigence: Reclaiming The Qualified Right To Counsel Of Choice In Criminal Asset Forfeiture Cases, Matthew R. Lasky

Journal of Criminal Law and Criminology

No abstract provided.

Losing Our Innocence: The Illinois Successive Postconviction Actual Innocence Petition Standard After People V. Edwards, Vanessa J. Szalapski

Journal of Criminal Law and Criminology

No abstract provided.

Realizing Reliability In Forensic Science From The Ground Up, Jessica D. Gabel

Journal of Criminal Law and Criminology

No abstract provided.

Autocorrect? A Proposal To Encourage Voluntary Restitution Through The White-Collar Sentencing Calculus, Daniel Faichney

Journal of Criminal Law and Criminology

No abstract provided.

The Validity Of United States V. Nazemian Following Crawford And Its Progeny: Do Criminal Defendants Have The Right To Face Their Interpreters At Trial?, John Kracum

Journal of Criminal Law and Criminology

No abstract provided.

Creating Constitutional Procedure: Frye, Lafler, And Plea Bargaining Reform, Mike Work

Journal of Criminal Law and Criminology

No abstract provided.

Parental Incarceration: What We Know And Where We Need To Go, Christopher Uggen, Suzy Mcelrath

Journal of Criminal Law and Criminology

No abstract provided.

Why So Contrived? Fourth Amendment Balancing, Per Se Rules, And Dna Databases After Maryland V. King, David H. Kaye

Journal of Criminal Law and Criminology

No abstract provided.

"Obtaining" The Right Result: A Novel Interpretation Of The Computer Fraud And Abuse Act That Provides Liability For Insider Theft Without Overbreadth, Kevin Jakopchek

Journal of Criminal Law and Criminology

No abstract provided.

Breaking Free Of The Prison Paradigm: Integrating Restorative Justice Techniques Into Chicago's Juvenile Justice System, Judy C. Tsui

Journal of Criminal Law and Criminology

No abstract provided.

Dispatches From The Trenches Of America's Great Gun Trust Wars, Lee-Ford Tritt

NULR Online

No abstract provided.

Why Scalia Should Have Voted To Overturn Doma, Andrew Koppelman

NULR Online

No abstract provided.

A Visual Guide To United States V. Windsor: Doctrinal Origins Of Justice Kennedy's Majority Opinion, Colin Starger

NULR Online

No abstract provided.

The Moonscape Of Tax Equality: Windsor And Beyond, Anthony C. Infanti

NULR Online

No abstract provided.

Doma's Ghost And Copyright Reversionary Interests, Brad A. Greenberg

NULR Online

No abstract provided.

Skin Flicks Without The Skin: Why Government Mandated Condom Use In Adult Films Is A Violation Of The First Amendment, Elizabeth Sbardellati

Northwestern Journal of Law & Social Policy

The filming of sexual acts for publication is legal in California, which has led to the development of a robust adult film industry in Southern California, particularly in the Los Angeles area. Recently, regulations have been proposed that would require actors in pornographic films to wear condoms. This comment examines legal objections to “The County of Los Angeles Safer Sex in the Adult Film Industry Act” and CalOSHA’s assertion that California law requires the use of prophylactics in adult films. It argues that sexual expression in these adult films is protected under the First Amendment, although it may still be …

Sentencing The Family: Recognizing The Needs Of Dependent Children In The Administration Of The Criminal Justice System, Tamar Lerer

Northwestern Journal of Law & Social Policy

Hundreds of thousands of incarcerated persons are parents; in many instances, their incarceration has profound effects on their young children. Despite the predictable harm that the these children experience when their caretakers are incarcerated, the criminal justice system lacks a uniform, principled, and transparent way to consider their interests at critical stages in the process.

In this Article, I argue that the interests of the children of incarcerated offenders should be considered and demonstrate how this can be done. The paper proceeds in three Parts. In the first Part, I explain why we should care about caretaker incarceration: it harms …

The Fox Guarding The Henhouse: The Regulation Of Pharmacy Benefit Managers By A Market Adversary, Joanna Shepherd

Northwestern Journal of Law & Social Policy

Pharmacy benefit managers (PBMs) save Americans billions of dollars each year by lowering both the prices that consumers pay for prescription drugs and the prices that health plans pay for drug coverage. As I explain in this Article, however, new regulatory developments in some states threaten to undercut competition in the PBM industry and disrupt the cost-savings PBMs currently generate. The regulatory scheme that was adopted by Mississippi in 2011, and that is currently under legislative consideration in several other states, shifts regulatory control of PBMs from the neutral Insurance Commissions to the states’ Boards of Pharmacy. The fundamental problem …

Booking Students: An Analysis Of School Arrests And Court Outcomes, Kerrin C. Wolf

Northwestern Journal of Law & Social Policy

The fate of school discipline and security in America is at a crucial turning point. While the “school-to-prison pipeline” has recently received an increased amount of attention from policy makers interested in improving public education, the recent shooting at Sandy Hook Elementary School in Connecticut led to renewed calls for the heightened security measures that helped give rise to the pipeline. This article provides clear evidence that heightened disciplinary and security measures in schools are faulty policy responses, as they have adverse impacts on the students they intend to protect and siphon resources away from policies that more effectively ensure …

Sex In The Sexy Workplace, Lua Kamál Yuille

Northwestern Journal of Law & Social Policy

This article presents yet another problem that cannot be addressed adequately either through an honest application of existing sexual harassment paradigm under Title VII of the Civil Rights Act of 1964 or through any of the solutions to that paradigm’s deficiencies that have been proffered since its inception: hostile environment sexual harassment of the non-sexualized worker in the “sexy” workplace. It offers a comprehensive doctrinal illustration of how both existing sexual harassment doctrine and popular critiques of that doctrine fail to respond to the unique case of the sexual harassment of a non-sexualized worker in the sexual titillation industry (e.g. …

Fqhcs And Health Reform: Up To The Task?, James Hennessy

Northwestern Journal of Law & Social Policy

This Article addresses the future of Federally Qualified Health Centers (FQHCs) in an entirely reformed primary care landscape under the Affordable Care Act (ACA). Given health centers’ ability to fill crucial access gaps that will remain after health reform, FQHCs stand to undertake an increased role and are thus vital to the implementation of the ACA. Yet questions remain as to whether current FQHCs are capable of taking on an increased demand for services resulting from ACA expansion. Health centers are already busy, and more patients are coming as many burdens of health reform will inevitably fall on their shoulders. …

Hero With A Thousand Copyright Violations: Modern Myth And An Argument For Universally Transformative Fan Fiction, Natalie H. Montano

Northwestern Journal of Technology and Intellectual Property

Copyright law is designed to protect the ownership and financial rights of the original author of a literary work. However, the internet has created new opportunities for amateur writers to create their own fan fiction based on such literary works. Borrowing from the ideas and characters of a work, fan fiction authors build upon and re-imagine these stories. Such fan works should be protected under the Fair Use Defense, but the power imbalance between amateur fan fiction authors and successful published authors often leads to the eradication of fan stories from the public domain.

This Comment argues that fan fiction …

Addressing The Impediments Copyright Imposes On The Use Of Patent Specifications And Prior Art Documents To Improve Patent Quality, Ben Mceniery

Northwestern Journal of Technology and Intellectual Property

This article considers from an Australian perspective the impediments that copyright law places in the path of those who seek to use patent specifications and non-patent prior art documents in ways that are necessary to the proper functioning of the patent system. Until recently, copyright law in Australia had limited the uses to which members of the public could put patent specifications in that country. Those impediments have been removed as a result of an important legislative change to the way in which copyright in patent specifications can be enforced. The change gives the public a greater freedom to make …

The Collision Of Social Media And Social Unrest: Why Shutting Down Social Media Is The Wrong Response, Mirae Yang

Northwestern Journal of Technology and Intellectual Property

With the growing availability of Internet access across the globe, social media has transformed the traditional relationship between government authority and its citizens by providing the people with an innovative and powerful means to harmonize their efforts in expressing their political and social concerns. The importance of safeguarding Internet availability is more critical than ever before as access to the Internet is now the means by which the world communicates, stays informed, and engages in daily tasks. In the face of potential social unrest fueled by social media, the United States must take a preventative approach, one that matches our …

International Cryptography Regulation And The Global Information Economy, Nathan Saper

Northwestern Journal of Technology and Intellectual Property

With the meteoric rise of the Internet and e-commerce in the 1990s came great attention to the problems and opportunities associated with cryptography. Throughout that decade, the United States and many foreign countries debated and experimented with various forms of cryptography regulation, and attempts were made at international harmonization. Since then, however, policy-making activity around cryptography has slowed, if not halted altogether, leaving individuals and companies to face a bewildering array of regulations—or, in many cases, to face regulations that are extraordinarily unclear and haphazardly applied.

This Note seeks to introduce the reader to the issue of international cryptography regulation …

Quality In European Trade Mark Law, Andrew Griffiths

Northwestern Journal of Technology and Intellectual Property

This article addresses the capacity of trade marks to provide assurance concerning product quality and the importance of this capacity in promoting competition and various forms of innovation. It considers the meaning of “quality” in this context and shows how this can include the aesthetic and intangible characteristics of products as well as their functional and material characteristics. And it is suggested that quality assurance should cover the whole range of variable product characteristics to which at least some consumers attach value. This is because the key economic problem that underlies the need for this assurance is the difficulty that …