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Full-Text Articles in Law
The Ostensible (And, At Times, Actual) Virtue Of Deference, Anthony O'Rourke
The Ostensible (And, At Times, Actual) Virtue Of Deference, Anthony O'Rourke
Journal Articles
In Rethinking Police Expertise, Anna Lvovsky exposes how litigators leverage judicial understandings of police expertise against the government. The article is rich not only with descriptive insights, but also with normative potential. By rigorously analyzing the relationship between expertise and authority in specific cases, Professor Lvovsky offers guidance as to how judges and lawyers should factor a police officer’s expertise into an assessment of whether the officer’s conduct is lawful. This Response argues, however, that Rethinking Police Expertise’s normative potential is weakened by the sharp conceptual distinction it draws between judicial understandings of expertise as a “professional virtue” (which it …
Judicial Application Of Strict Liability Local Ordinances, Guyora Binder, Brenner Fissell
Judicial Application Of Strict Liability Local Ordinances, Guyora Binder, Brenner Fissell
Journal Articles
No abstract provided.
Revocation And Retribution, Jacob Schuman
Revocation And Retribution, Jacob Schuman
Journal Articles
Revocation of community supervision is a defining feature of American criminal law. Nearly 4.5 million people in the United States are on parole, probation, or supervised release, and 1/3 eventually have their supervision revoked, sending 350,000 to prison each year. Academics, activists, and attorneys warn that “mass supervision” has become a powerful engine of mass incarceration.
This is the first Article to study theories of punishment in revocation of community supervision, focusing on the federal system of supervised release. Federal courts apply a primarily retributive theory of revocation, aiming to sanction defendants for their “breach of trust.” However, the structure, …