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Articles 1 - 3 of 3
Full-Text Articles in Law
Who Locked Us Up? Examining The Social Meaning Of Black Punitiveness, Darren Lenard Hutchinson
Who Locked Us Up? Examining The Social Meaning Of Black Punitiveness, Darren Lenard Hutchinson
UF Law Faculty Publications
Mass incarceration has received extensive analysis in scholarly and political debates. Beginning in the 1970s, states and the federal government adopted tougher sentencing and police practices that responded to rising punitive sentiment among the general public. Many scholars have argued that U.S. criminal law and enforcement subordinate people of color by denying them political, social, and economic well-being. The harmful and disparate racial impact of U.S. crime policy mirrors historical patterns that emerged during slavery, Reconstruction, and Jim Crow. In his Pulitzer Prize-winning book Locking Up Our Own: Crime and Punishment in Black America, James Forman, Jr. demonstrates that many …
How The War On Terror Is Transforming Private U.S. Law, Maryam Jamshidi
How The War On Terror Is Transforming Private U.S. Law, Maryam Jamshidi
UF Law Faculty Publications
In thinking about the War on Terror’s impact on U.S. law, what most likely comes to mind are its corrosive effects on public law, including criminal law, immigration, and constitutional law. What is less appreciated is whether and how the fight against terrorism has also impacted private law. As this Article demonstrates, the War on Terror has had a negative influence on private law, specifically on torts, where it has upended long-standing norms, much as it has done in the public law context.
Case law construing the private right of action under the Antiterrorism Act of 1992, 18 U.S.C. § …
Trials By Peers: The Ebb And Flow Of The Criminal Jury In France And Belgium, Claire M. Germain
Trials By Peers: The Ebb And Flow Of The Criminal Jury In France And Belgium, Claire M. Germain
UF Law Faculty Publications
The participation of lay jurors in criminal courts has known much ebb and flow both in France and in Belgium. These two countries belong to the civil law tradition, where juries are the exception rather than the rule in criminal trials, and they only exist in criminal cases, not civil cases. In spite of some similarities, there are substantial differences between the two countries, and their systems will be examined in turn.
In France, the Cour d’assises itself was inherited from the French Revolution. Since a law of 1941, it is a mixed jury system, meaning that lay citizens sit …