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Full-Text Articles in Law
The Outer Limits Of Gang Injunctions, Scott E. Atkinson
The Outer Limits Of Gang Injunctions, Scott E. Atkinson
Vanderbilt Law Review
Almost a decade ago, the California Supreme Court endorsed the use of public nuisance injunctions as a means to control street gangs. Public nuisance injunctions against gangs ("gang injunctions"), which result from civil suits filed by district or city attorneys, prohibit the nuisance conduct within a prescribed geographical area, focusing on the "turf' claimed by the gang. In People ex rel. Gallo v. Acuna, the California Supreme Court upheld an injunction against thirty-eight named members of a San Jose gang in a four square block area where none of the gang members lived. The court described the neighborhood as "an …
We Can Do Better: Anti-Homeless Ordinances As Violations Of State Substantive Due Process Law, Andrew J. Liese
We Can Do Better: Anti-Homeless Ordinances As Violations Of State Substantive Due Process Law, Andrew J. Liese
Vanderbilt Law Review
In September of 2004, a group of local business owners and professionals in Nashville, Tennessee, together with the Nashville Downtown Partnership, a local downtown improvement organization, submitted a plan to the Metro Council that proposed making it illegal to panhandle in the busiest areas of the city. Advocates of the proposed legislation argued that panhandlers "harass tourists and customers and make the city less appealing." Opponents viewed the proposal as nothing more than an attempt to force the homeless out of the city. The Nashville plan is patterned after the measures that several major American cities-including Philadelphia, Denver, and Seattle-have …
Reconceptualizing Due Process In Juvenile Justice: Contributions From Law And Social Science, Christopher Slobogin, Mark R. Fondacaro, Tricia Cross
Reconceptualizing Due Process In Juvenile Justice: Contributions From Law And Social Science, Christopher Slobogin, Mark R. Fondacaro, Tricia Cross
Vanderbilt Law School Faculty Publications
This article challenges the accepted wisdom, at least since the Supreme Court's decision in Gault, that procedures in juvenile delinquency court should mimic the adult criminal process. The legal basis for this challenge is Gault itself, as well as the other Supreme Court cases that triggered the juvenile justice revolution of the past decades, for all of these cases relied on the due process clause, not the provisions of the Constitution that form the foundation for adult criminal procedure. That means that the central goal in juvenile justice is fundamental fairness, which does not have to be congruent with the …