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Northwestern Pritzker School of Law

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Articles 1321 - 1350 of 8932

Full-Text Articles in Law

Bail: Reforming Policies To Address Overcrowded Jails, The Impact Of Race On Detention, And Community Revival In Harris County, Texas, Marcia Johnson, Luckett Anthony Johnson Jan 2012

Bail: Reforming Policies To Address Overcrowded Jails, The Impact Of Race On Detention, And Community Revival In Harris County, Texas, Marcia Johnson, Luckett Anthony Johnson

Northwestern Journal of Law & Social Policy

Starting in the 1970s, the U.S. federal government and many state and local governments adopted “get tough” policies against crime. These new strict policy initiatives produced an explosion of incarceration in prisons throughout the country. They also impacted local jails as well, particularly in the numbers of persons detained pre-trial. This Article explores this phenomenon and its implications for local governments, as well as its unforeseen consequences on communities, particularly communities of color. The Article uses Harris County, Texas to exemplify the systematic problems resulting from the over-jailing of its citizens, particularly persons who are detained pre-trial. We attempt to …


Partiality And Disclosure In Supreme Court Opinions, Robert F. Nagel Jan 2012

Partiality And Disclosure In Supreme Court Opinions, Robert F. Nagel

Northwestern Journal of Law & Social Policy

This Essay begins by identifying the various kinds of partiality the Justices of the Supreme Court can have in the cases they decide. Although there is widespread recognition of the influence these biases might have, for the most part the Justices continue to write opinions as if they (and other judges) were entirely disinterested. This practice is often thought to be justified as a source of judicial legitimacy, but there are a number of reasons to doubt that a pretense of impersonality is actually important for maintaining respect for the Court. Consequently, the possibility has to be considered that the …


Improving The Benefit Corporation: How Traditional Governance Mechanisms Can Enhance The Innovative New Business Form, Steven Munch Jan 2012

Improving The Benefit Corporation: How Traditional Governance Mechanisms Can Enhance The Innovative New Business Form, Steven Munch

Northwestern Journal of Law & Social Policy

In recent years, a number of states have offered innovative new business forms to accommodate social enterprises, organizations that pursue both profit and social purpose. These hybrid forms are designed to free socially conscious entrepreneurs from the strict pursuit of shareholder value maximization that often controls in business practice and law, allowing them instead to serve the interests of other company stakeholders or even society. One form, the benefit corporation, has been adopted by seven states and is now under consideration in several more. This Note details the development, provisions, and advantages of the benefit corporation. It also identifies and …


The New Danger Of Being Fired: Section 525(B)’S Disproportionate Effect On Older Workers And A Call To Amend, Jina Kim Yun Jan 2012

The New Danger Of Being Fired: Section 525(B)’S Disproportionate Effect On Older Workers And A Call To Amend, Jina Kim Yun

Northwestern Journal of Law & Social Policy

This Note explores an increasingly perverse effect of an anti-discriminatory provision of the Bankruptcy Code on numerous Americans who have declared personal bankruptcies after the recent economic recession of 2007. Under § 525(b) of the Bankruptcy Code, a private employer is not prohibited from barring a former debtor from prospective employment based on a past insolvency. This provision has had an immense impact on the large number of former debtors seeking the fresh start that bankruptcy law is meant to provide. With the dramatic increase in the number of personal bankruptcies, this Note argues that such an impact is overly …


The Responsible Gun Ownership Ordinance And Novel Textual Questions About The Second Amendment, Owen Mcgovern Jan 2012

The Responsible Gun Ownership Ordinance And Novel Textual Questions About The Second Amendment, Owen Mcgovern

Journal of Criminal Law and Criminology

No abstract provided.


Reflections On The Atrophying Pardon Power, Paul Rosenzweig Jan 2012

Reflections On The Atrophying Pardon Power, Paul Rosenzweig

Journal of Criminal Law and Criminology

No abstract provided.


Overcriminalizing Immigration, Jennifer M. Chacón Jan 2012

Overcriminalizing Immigration, Jennifer M. Chacón

Journal of Criminal Law and Criminology

No abstract provided.


Reconsidering The Mistake Of Law Defense, Edwin Meese Iii, Paul J. Larkin, Jr. Jan 2012

Reconsidering The Mistake Of Law Defense, Edwin Meese Iii, Paul J. Larkin, Jr.

Journal of Criminal Law and Criminology

No abstract provided.


Is The Exclusionary Rule Dead?, Craig M. Bradley Jan 2012

Is The Exclusionary Rule Dead?, Craig M. Bradley

Journal of Criminal Law and Criminology

No abstract provided.


Obstruction Of Justice: Unwarranted Expansion Of 18 U.S.C. § 1512(C)(1), Sarah O'Rourke Schrup Jan 2012

Obstruction Of Justice: Unwarranted Expansion Of 18 U.S.C. § 1512(C)(1), Sarah O'Rourke Schrup

Journal of Criminal Law and Criminology

No abstract provided.


Rethinking The Anti-Counterfeiting Trade Agreement's Criminal Copyright Enforcement Measures, Miriam Bitton Jan 2012

Rethinking The Anti-Counterfeiting Trade Agreement's Criminal Copyright Enforcement Measures, Miriam Bitton

Journal of Criminal Law and Criminology

No abstract provided.


Beyond Procedural Justice: A Dialogic Approach To Legitimacy In Criminal Justice, Anthony Bottoms, Justice Tankebe Jan 2012

Beyond Procedural Justice: A Dialogic Approach To Legitimacy In Criminal Justice, Anthony Bottoms, Justice Tankebe

Journal of Criminal Law and Criminology

No abstract provided.


Queer (In)Justice: Mapping New Gay (Scholarly) Agendas, Giovanna Shay, J. Kelly Strader Jan 2012

Queer (In)Justice: Mapping New Gay (Scholarly) Agendas, Giovanna Shay, J. Kelly Strader

Journal of Criminal Law and Criminology

No abstract provided.


In Spite Of Its Good Intentions, The Dodd-Frank Act Has Created An Fcpa Monster, Heidi L. Hansberry Jan 2012

In Spite Of Its Good Intentions, The Dodd-Frank Act Has Created An Fcpa Monster, Heidi L. Hansberry

Journal of Criminal Law and Criminology

No abstract provided.


Silenced Stories: How Victim Impact Evidence In Capital Trials Prevents The Jury From Hearing The Constitutionally Required Story Of The Defendant, Diana Minot Jan 2012

Silenced Stories: How Victim Impact Evidence In Capital Trials Prevents The Jury From Hearing The Constitutionally Required Story Of The Defendant, Diana Minot

Journal of Criminal Law and Criminology

No abstract provided.


The Data-Broker Threat: Proposing Federal Legislation To Protect Post-Expungement Privacy, Logan Danielle Wayne Jan 2012

The Data-Broker Threat: Proposing Federal Legislation To Protect Post-Expungement Privacy, Logan Danielle Wayne

Journal of Criminal Law and Criminology

No abstract provided.


Camreta And Al-Kidd: The Supreme Court, The Fourth Amendment, And Witnesses, Kit Kinports Jan 2012

Camreta And Al-Kidd: The Supreme Court, The Fourth Amendment, And Witnesses, Kit Kinports

Journal of Criminal Law and Criminology

No abstract provided.


Judicial Gatekeeping Of Police-Generated Witness Testimony, Sandra Guerra Thompson Jan 2012

Judicial Gatekeeping Of Police-Generated Witness Testimony, Sandra Guerra Thompson

Journal of Criminal Law and Criminology

No abstract provided.


Why Do Criminals Obey The Law? The Influence Of Legitimacy And Social Networks On Active Gun Offenders, Andrew V. Papachristos, Tracy L. Meares, Jeffrey Fagan Jan 2012

Why Do Criminals Obey The Law? The Influence Of Legitimacy And Social Networks On Active Gun Offenders, Andrew V. Papachristos, Tracy L. Meares, Jeffrey Fagan

Journal of Criminal Law and Criminology

No abstract provided.


Civil Death Is Different: An Examination Of A Post-Graham Challenge To Felon Disenfranchisement Under The Eighth Amendment, Sarah C. Grady Jan 2012

Civil Death Is Different: An Examination Of A Post-Graham Challenge To Felon Disenfranchisement Under The Eighth Amendment, Sarah C. Grady

Journal of Criminal Law and Criminology

No abstract provided.


"Historic" In A Bad Way: How The Tribal Law And Order Act Continues The American Tradition Of Providing Inadequate Protection To American Indian And Alaska Native Rape Victims, Jasmine Owens Jan 2012

"Historic" In A Bad Way: How The Tribal Law And Order Act Continues The American Tradition Of Providing Inadequate Protection To American Indian And Alaska Native Rape Victims, Jasmine Owens

Journal of Criminal Law and Criminology

No abstract provided.


Foreword, Zach Dillon Jan 2012

Foreword, Zach Dillon

Journal of Criminal Law and Criminology

No abstract provided.


Overcriminalization: New Approaches To A Growing Problem, Ellen S. Podgor Jan 2012

Overcriminalization: New Approaches To A Growing Problem, Ellen S. Podgor

Journal of Criminal Law and Criminology

No abstract provided.


Overcoming Overcriminalization, Stephen F. Smith Jan 2012

Overcoming Overcriminalization, Stephen F. Smith

Journal of Criminal Law and Criminology

No abstract provided.


Punishment Without Culpability, John F. Stinneford Jan 2012

Punishment Without Culpability, John F. Stinneford

Journal of Criminal Law and Criminology

No abstract provided.


Prosecutorial Decriminalization, Erik Luna Jan 2012

Prosecutorial Decriminalization, Erik Luna

Journal of Criminal Law and Criminology

No abstract provided.


A View From The States: Evidence-Based Public Safety Legislation, Juliene James, Lauren-Brooke Eisen, Ram Subramanian Jan 2012

A View From The States: Evidence-Based Public Safety Legislation, Juliene James, Lauren-Brooke Eisen, Ram Subramanian

Journal of Criminal Law and Criminology

No abstract provided.


Summary Exhibits And The Confrontation Clause: Looking Beyond The Hearsay Rule For Evidentiary Implications Of Crawford's Progeny, Karim Basaria Jan 2012

Summary Exhibits And The Confrontation Clause: Looking Beyond The Hearsay Rule For Evidentiary Implications Of Crawford's Progeny, Karim Basaria

Journal of Criminal Law and Criminology

No abstract provided.


Judicial Intervention And Juvenile Corrections Reform: A Case Study Of Jerry M. V. District Of Columbia, Will Singer Jan 2012

Judicial Intervention And Juvenile Corrections Reform: A Case Study Of Jerry M. V. District Of Columbia, Will Singer

Journal of Criminal Law and Criminology

No abstract provided.


Prosecution In 3-D, Kay L. Levine, Ronald F. Wright Jan 2012

Prosecution In 3-D, Kay L. Levine, Ronald F. Wright

Journal of Criminal Law and Criminology

No abstract provided.