Law Commons^™

Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow

Washington Law Review

Civil asset forfeiture laws permit police officers to seize property they suspect is connected to criminal activity and sell or retain the property for the police department’s use. In many states, including Washington, civil forfeiture occurs independent of any criminal case—many property owners are never charged with the offense police allege occurred. Because the government is not required to file criminal charges, property owners facing civil forfeiture lack the constitutional safeguards normally guaranteed to defendants in the criminal justice system: the right to an attorney, the presumption of innocence, the government’s burden to prove its case beyond a reasonable doubt, …

Juvenile Justice: How The Theory Of Rehabilitation Influences Procedural Protections And Punishment In Juvenile And Criminal Courts, Cydney Carter

Lincoln Memorial University Law Review Archive

There is a general consensus that when children are accused of committing criminal offenses, the main goal is rehabilitation. In order to achieve this goal, separate juvenile courts have been created with different punishments and procedures. However, children can still be tried in criminal court. This paper compares the procedural protections and punishments used in juvenile and criminal courts and analyzes how both court systems have failed to adequately rehabilitate juvenile offenders. It also looks abroad at international standards and other countries' juvenile reform efforts for inspiration on how to reform juvenile justice in the United States to better achieve …

Confronting Eugenics Means Finally Confronting Its Ableist Roots, Robyn M. Powell

William & Mary Journal of Race, Gender, and Social Justice

In September 2020, a whistleblower complaint was filed alleging that hysterectomies are being performed on women at an immigration detention center in alarmingly high rates. Regrettably, forced sterilizations are part of the nation’s long-standing history of weaponizing reproduction to subjugate socially marginalized communities. While public outrage in response to the whistleblower complaint was swift and relentless, it largely failed to acknowledge how eugenic ideologies and practices, including compulsory sterilizations, are ongoing and deeply entrenched in ableism. Indeed, a conversation that recognizes the ways in which eugenics continues to target people with disabilities is long overdue.

This Article contextualizes how eugenics …

Therapeutic Jurisprudence: Foundations, Expansion, And Assessment, David C. Yamada

University of Miami Law Review

Therapeutic Jurisprudence: Foundations, Expansion, and Assessment Founded in 1987 by law professors David Wexler and the late Bruce Winick, therapeutic jurisprudence (“TJ”) is a multidisciplinary school of legal theory and practice that examines the therapeutic and anti-therapeutic properties of law, policy, and legal institutions. In legal events and transactions, TJ inherently favors outcomes that advance human dignity and psychological well-being. Starting with original groundings in mental health and mental disability law, criminal law, and problem-solving courts, and with a geographic focus on the United States, TJ now embraces many aspects of law and policy and presents a strong international orientation. …

Restorative Retributivism, Brian M. Murray

University of Miami Law Review

The current criminal justice moment is ripe for discussion of first principles. What the criminal law is, what it should do, and why society punishes is as relevant as ever as communities reconsider the reach of the criminal law and forms of punishment like incarceration. One theory recently put forth—reconstructivism—purports to offer a descriptive and normative theory of the criminal law and punishment while critiquing the ills of the American system. It comprehends the criminal law and punishment as functional endeavors, with the particular goal of restitching or “reconstructing” the social fabric that crime disrupts. In particular, reconstructivism is a …

Talking Back In Court, M. Eve Hanan

Washington Law Review

People charged with crimes often speak directly to the judge presiding over their case. Yet, what can be seen in courtrooms across the U.S. is that defendants rarely “talk back” in court, meaning that they rarely challenge authority’s view of the law, the crime, the defendant, the court’s procedure, or the fairness of the proposed sentence.

With few exceptions, legal scholars have treated the occasions when defendants speak directly to the court as a problem to be solved by appointing more lawyers and better lawyers. While effective representation is crucial, this Article starts from the premise that defendants have important …

Objective Conditions For Stay Of Execution Of Administrative Decisions In The French State Council's Decisions And Jordanian High Court Of Justice: A Comparative Study, Musa Shehada

UAEU Law Journal

The purpose of this research is to analyze the required objective conditions to accept the application to stay the execution of administrative decisions objected for cancellation in the judgement of the French State Council and Jordanian High court of justice. This study concludes that the stay of execution can't exist except in face of final administrative decisions and there should be an interest for the objector and irreparable damage in case of execution of the decision and the application for stay of execution should stand on serious reasons.

In conclusion the study invites the Jordanian Administrative Judge to specify the …

The Judicial System In The United Arab Emirates And The Necessity Of Specialized Administrative Judicial System, Mohammad Abdullah Hammoud

UAEU Law Journal

This research deals with the judicial system of theUnited Arab Emirates, and the judicial control of Administrative acts. As well as the legal basis of the judiciary competera's to deal with administrative disputes. This research also deals with the determinate of the various aspects of the administrative law falling with the scope of the jurisdiction of the judiciary in the U.A.E. and expose the most important judicial application in the field of the administrative decision, it's elements, defects, as well as the judicial decisions related to administrative contracts.

This research embraces also the recent development toward the establishment of administrative …

Dampak Hukum Peraturan Menteri Pupr No. Ll/Prt/M/2019 Tentang Sistem Perjanjian Pendahuluan Jual Beli Rumah Susun Terhadap Hak Dan Kewajiban Pelaku Pembangunan Dan Konsumen, Rahima Malik

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The development of Apartment across Indonesia has been an alternate solution amidst housing problems in Indonesia. One of the key aspects in Apartment subject is the provision of apartment which for the time being may be procured before the physical of apartment even exists (pre project selling). In consideration of the above complexities and development, the Government of Indonesia enacted Minister of General Construction and People Housing Regulation Number No. 11IPRTIMI20I9. However, the promulgation has attracted criticism due to the provision contained in the regulation doesn’t reflect the equality or fairness for the developer. Some of …

Justice In Distribution Of Resources In The Islamic Economic System, Abdel-Majid Al Salahin

UAEU Law Journal

The Islamic economic system is characterized by justice in division of resources between all members of society. In order to achieve this goal, Islamic jurisprudence determines appropriate strategy that takes into account rights of low- social class of community, and considers justice among all society members.

This research aims to shed light on this Islamic principle, and illustrates how these principles play a role in maintaining social security in a Moslem community.

Penalty For Public Benefit In The Algerian Legislation, Bassim Shehab

UAEU Law Journal

The work for public benefit is one of the alternative systems of punishment which is adopted by some legislation, including the Algerian legislator by Act. No 01-09 issued on 25/02/2009 amending the penal code, and this system which is called by the Algerian legislature “penalty", represents an important turning point in punitive policy, as for the first time the work is done by sentencing. This system has many of advantages particularly with regard to the alleviation of the problems of penal institutions. Furthermore, it provides more funds and efforts. The application of penalty “work for public benefit " cannot be …

Fair Play: Notes On The Algorithmic Soccer Referee, Michael J. Madison

Vanderbilt Journal of Entertainment & Technology Law

The soccer referee stands in for a judge. Soccer’s Video Assistant Referee (VAR) system stands in for algorithms that augment human deciders. Fair play stands in for justice. They are combined and set in a polycentric system of governance, with implications for designing, administering, and assessing human-machine combinations.

Aspects Of The Penal Protection On The Right Of Defense Before The Investigative And Judicial Authorities: A Comparative Study, Dr. Abdulaziz Al-Hassan

UAEU Law Journal

The right of defense in front of investigation and justice authorities is part of the right of litigation that is assured by constitutions, national laws and international treaties. It is one of the pillars of fair trial because it is an original natural right. The rights of defense are not only to the accused person but they are so for each person having the status of a litigant in front of investigation and justice authorities whether in a penal , administrative , commercial and sharia case and whether this litigant is a physical person or a moral one. The legislator …

The Wolf We Feed: Democracy, Caste, And Legitimacy, Benjamin Justice, Tracey L. Meares

Michigan Law Review Online

Procedure is central to American public legal discourse. From the soaring rhetoric of the Declaration of Independence to the Due Process Clause of the Fourteenth Amendment, the American legal tradition rests on the principle that law must be both derived and applied according to fair process. Consider that in the 2020 election the Trump Administration resorted to fervent and false allegations of widespread voter fraud—that the election process was fundamentally unfair—in order to weaponize Republican voters’ ostensible commitments to fairness against what was, objectively, one of the least procedurally unfair elections in history. Yet the four-year period of the Trump …

Gamble V. United States: Military Justice In Absence Of Double Jeopardy, Kelsi B. White

Mitchell Hamline Law Review

No abstract provided.

Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron

Touro Law Review

No abstract provided.

Rethinking Appeals, Uri Weiss

Touro Law Review

This paper makes the point that a court decision that is open to an appeal is akin to a take-it-or-leave-it settlement proposal for both parties. For the case to not be appealed, both parties need to “take,” i.e., accept, this proposal. Thus, on one hand, if both parties cannot achieve a settlement by themselves, they usually benefit from the right to appeal. On the other hand, a right to appeal activates the regressive effects that characterize settlements, which also applies to lower-court decisions. For example, legal uncertainty has a regressive effect on lower-court decisions: if the judge wishes to block …

A Long Road Or Dead End?: Justice For A Chilean General, Julio A. Sanchez, Anita Sinha

Human Rights Brief

No abstract provided.

Migrant Justice Now, Leti Volpp

University of Colorado Law Review

No abstract provided.