Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law Enforcement and Corrections (27)
- Criminal Law (26)
- Law and Society (6)
- State and Local Government Law (6)
- Human Rights Law (5)
-
- Civil Rights and Discrimination (4)
- Constitutional Law (4)
- Law and Gender (4)
- Criminal Procedure (3)
- Criminology and Criminal Justice (3)
- Law and Politics (3)
- Legal Studies (3)
- Social and Behavioral Sciences (3)
- Courts (2)
- Health Law and Policy (2)
- International Law (2)
- Juvenile Law (2)
- Legal Remedies (2)
- African American Studies (1)
- Animal Law (1)
- Arts and Humanities (1)
- Child Psychology (1)
- Comparative and Foreign Law (1)
- Elder Law (1)
- Fourteenth Amendment (1)
- History (1)
- Immigration Law (1)
- Judges (1)
- Jurisprudence (1)
- Institution
-
- Pace University (17)
- University of Michigan Law School (3)
- Brigham Young University (2)
- Fordham Law School (2)
- Pepperdine University (2)
-
- Cleveland State University (1)
- Loyola Marymount University and Loyola Law School (1)
- New York Law School (1)
- Northwestern Pritzker School of Law (1)
- San Jose State University (1)
- St. Mary's University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Arkansas, Fayetteville (1)
- University of Baltimore Law (1)
- University of Colorado Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Massachusetts Boston (1)
- University of Missouri School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- William & Mary Law School (1)
- Publication Year
- Publication
-
- Pace Law Review (17)
- Michigan Law Review (3)
- Brigham Young University Prelaw Review (2)
- Fordham Urban Law Journal (2)
- Pepperdine Law Review (2)
-
- Arkansas Law Review (1)
- Global Business Law Review (1)
- Journal of Criminal Law and Criminology (1)
- Journal of Race, Gender, and Ethnicity (1)
- Loyola of Los Angeles Law Review (1)
- Maryland Law Review (1)
- NYLS Law Review (1)
- Nevada Law Journal (1)
- The Business, Entrepreneurship & Tax Law Review (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
- Themis: Research Journal of Justice Studies and Forensic Science (1)
- Trotter Review (1)
- University of Baltimore Law Forum (1)
- University of Colorado Law Review (1)
- William & Mary Journal of Race, Gender, and Social Justice (1)
Articles 1 - 30 of 41
Full-Text Articles in Law
Rethinking Prison For Non-Violent Gun Possession, Robert Weiss
Rethinking Prison For Non-Violent Gun Possession, Robert Weiss
Journal of Criminal Law and Criminology
Whatever the wisdom or folly of the belief, Americans who live in violence-affected neighborhoods often believe they need a gun for self-defense. Yet many are, due to age or criminal record, unable to legally possess a firearm. The result is a Catch-22 they describe as either being “caught with a gun . . . [or] dead without one.” Indeed, Chicago, Philadelphia, and other cities imprison thousands of mostly young, Black men each year for non-violent gun offenses. These offenses do not involve firing or wielding a gun, but simply being found in possession of one—commonly, during a routine traffic stop …
Creating Cautionary Tales: Institutional, Judicial, And Societal Indifference To The Lives Of Incarcerated Individuals, Nicole B. Godfrey
Creating Cautionary Tales: Institutional, Judicial, And Societal Indifference To The Lives Of Incarcerated Individuals, Nicole B. Godfrey
Arkansas Law Review
It has long been said that a society’s worth can be judged by taking stock of its prisons. That is all the truer in this pandemic, where inmates everywhere have been rendered vulnerable and often powerless to protect themselves from harm. May we hope that our country’s facilities serve as models rather than cautionary tales. Justice Sonia Sotomayor, joined by Justice Ruth Bader Ginsburg, issued the above-quoted clarion call to protect the lives of incarcerated people on May 14, 2020. At that point, the COVID-19 pandemic had brought American society to a standstill for a little more than two months, …
Women's Votes, Women's Voices, And The Limits Of Criminal Justice Reform, 1911-1950, Carolyn B. Ramsey
Women's Votes, Women's Voices, And The Limits Of Criminal Justice Reform, 1911-1950, Carolyn B. Ramsey
University of Colorado Law Review
Deriving its vigor from the work of grassroots organizations at the state and local levels, the League of Women Voters (LWV) sought, in the first half of the twentieth century, to provide newly enfranchised women with a political education to strengthen their voice in public affairs. Local branches like the San Francisco Center learned from experience-through practical involvement in a variety of social welfare and criminal justice initiatives. This Article, written for a symposium commemorating the centennial of the Nineteenth Amendment, assesses the role of LWV leaders in California and especially San Francisco in reforming three aspects of the criminal …
No Path To Redemption: Evaluating Texas’S Practice Of Sentencing Kids To De Facto Life Without Parole In Adult Prison, Lindsey Linder, Justin Martinez
No Path To Redemption: Evaluating Texas’S Practice Of Sentencing Kids To De Facto Life Without Parole In Adult Prison, Lindsey Linder, Justin Martinez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Misplaced Trust In The Doj's Expertise On Criminal Justice Policy, Shon Hopwood
The Misplaced Trust In The Doj's Expertise On Criminal Justice Policy, Shon Hopwood
Michigan Law Review
Review of Rachel Elise Barkow's Prisoners of Politics: Breaking the Cycle of Mass Incarceration.
The Future Of Bail In California: Analyzing Sb 10 Through The Prism Of Past Reforms, Adam Peterson
The Future Of Bail In California: Analyzing Sb 10 Through The Prism Of Past Reforms, Adam Peterson
Loyola of Los Angeles Law Review
The cash bail system is the cause of numerous injustices. It favors the rich over the poor, it packs jails to the breaking point, and it forces those who have yet to be found guilty to sit in jail—often for weeks or months at a time. In 2018, the California legislature passed SB 10. The bill purported to abolish cash bail wholesale and replace it with a risk assessment program. While SB 10 is a step in the right direction, it faces many obstacles before it accomplishes its goal. This Note examines the bill in light of past attempts at …
Respect The Hustle: Necessity Entrepreneurship, Returning Citizens, And Social Enterprise Strategies, Priya Baskaran
Respect The Hustle: Necessity Entrepreneurship, Returning Citizens, And Social Enterprise Strategies, Priya Baskaran
Maryland Law Review
This Article will address a pervasive and growing problem for returning citizens—high rates of economic insecurity—and, as a novel solution, propose the creation of Economic Justice Incubators (“EJIs”) as a new, municipally-led social enterprise strategy. Mass incarceration is a national problem and requires comprehensive criminal justice reform. In contrast, the reentry process is locally focused due to a complex web of collateral consequences arising from state and local laws. An estimated 641,000 people return home from prison each year, many to economically distressed communities. Once released, the terms of their parole and the collateral consequences associated with their conviction restrict …
Picking Cotton For Pennies: An Exploration Into The Law’S Modern Endorsement Of A Free-Prison Workforce, Renee Elaine Henson
Picking Cotton For Pennies: An Exploration Into The Law’S Modern Endorsement Of A Free-Prison Workforce, Renee Elaine Henson
The Business, Entrepreneurship & Tax Law Review
The Thirteenth Amendment made slavery unconstitutional, but also created an exception where “[n]either slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” This carve-out opened the door for prison-dependent companies to make handsome profits from large scale prison labor. Inmates must work full time in demanding conditions, and are paid nominally in return. Inmates do not receive minimum wages because they are excluded from the protections of the Fair Labor Standards Act (“FLSA”) through judicial interpretation. Low wages …
Reforming Prison Policy To Improve Women-Specific Health And Sanitary Care Conditions Of Prisons In Ethiopia, Behailu T. Weldeyohannes
Reforming Prison Policy To Improve Women-Specific Health And Sanitary Care Conditions Of Prisons In Ethiopia, Behailu T. Weldeyohannes
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
A Principled Approach To Separating The Fusion Between Nursing Homes And Prisons, Mirko Bagaric, Marissa Florio, Brienna Bagaric
A Principled Approach To Separating The Fusion Between Nursing Homes And Prisons, Mirko Bagaric, Marissa Florio, Brienna Bagaric
Pepperdine Law Review
Elderly people are a far lower risk to community safety than other individuals. Despite this, elderly prisoners are filling prisons at an increasing rate. The number of elderly prisoners in the United States has increased more than fifteen-fold over the past three decades—far more than the general imprisonment rate. This trend is empirically and normatively flawed. Older offenders should be treated differently from other offenders. The key reason for this is that elderly offenders reoffend at about half the rate of other released prisoners, but the cost of incarcerating the elderly—due to their more pressing health needs—is more than double. …
Sexual Violence As An Occupational Hazard & Condition Of Confinement In The Closed Institutional Systems Of The Military And Detention, Hannah Brenner, Kathleen Darcy, Sheryl Kubiak
Sexual Violence As An Occupational Hazard & Condition Of Confinement In The Closed Institutional Systems Of The Military And Detention, Hannah Brenner, Kathleen Darcy, Sheryl Kubiak
Pepperdine Law Review
Women in the military are more likely to be raped by other service members than to be killed in combat. Female prisoners internalize rape by corrections officers as an inherent part of their sentence. Immigrants held in detention fearing deportation or other legal action endure rape to avoid compromising their cases. This Article draws parallels among closed institutional systems of prisons, immigration detention, and the military. The closed nature of these systems creates an environment where sexual victimization occurs in isolation, often without knowledge of or intervention by those on the outside, and the internal processes for addressing this victimization …
Stop Asking Which Came First, The Jail Or The Criminal - Start Reinvesting In Justice In Maryland, Bridget Lowrie
Stop Asking Which Came First, The Jail Or The Criminal - Start Reinvesting In Justice In Maryland, Bridget Lowrie
University of Baltimore Law Forum
The numerous cries for reform of the United States criminal justice system in recent time are not without merit based on an examination of the prison population. Despite violent crime being at record low rates in the United States, the prison population has expanded tremendously. On the global stage, the United States is the leader in incarceration rates. The United States has more people incarcerated than any other country, including China, Russia, and India. Looking at a local level, Maryland is not immune to this trend. In Maryland, while violent crime is on the decline, the amount of time an …
The Constitutionality Of Prison Privatization: An Analysis Of Prison Privatization In The United States And Israel, Stacey Jacovetti
The Constitutionality Of Prison Privatization: An Analysis Of Prison Privatization In The United States And Israel, Stacey Jacovetti
Global Business Law Review
This note analyzes the constitutionality of the current state of prison privatization in the United States under the non-delegation doctrine and the due process clause. Furthermore, this note analyzes the Israeli Supreme Court's ruling holding prison privatization as unconstitutional under the Basic Law of the Right to Human Dignity and Liberty. Subsequently, an argument is made that the current authority for the utilization of private prisons in the United States is insufficient to establish the use of private prisons as constitutional. As such, this note argues that the overall scheme of privatization should provide for more detailed contracts--similar to those …
The Complicated Economics Of Prison Reform, John F. Pfaff
The Complicated Economics Of Prison Reform, John F. Pfaff
Michigan Law Review
Two recent books on prison growth directly address the relationship between penal change and economic conditions: Hadar Aviram’s Cheap on Crime and Marie Gottschalk’s Caught. Aviram’s is the more optimistic of the two accounts, arguing that there is at least some potential in an economic-based reform effort. Gottschalk, on the other hand, fears not only that economic-based efforts could fail to lead to significant reforms, but that they could actually make prison life worse for inmates if states cut funding and support without cutting populations. Both books make many provocative points, but both also suffer from some surprising omissions. …
Babies Behind Bars: An Evaluation Of Prison Nurseries In American Female Prisons And Their Potential Constitutional Challenges, Seham Elmalak
Babies Behind Bars: An Evaluation Of Prison Nurseries In American Female Prisons And Their Potential Constitutional Challenges, Seham Elmalak
Pace Law Review
This note opens the prison doors and delves into the United States female prison system, primarily focusing on the positive and negative impact of nursery programs on mothers and children, along with potential constitutional claims that can be brought against these programs. Part I provides a general background about the American prison system, and briefly touches on the constitutional standards of prisoners’ rights. It also discusses the history and development of female prisons and illustrates the rapid increase of female incarceration. Part II focuses on the prevalence of mothers within the female population in prisons. Part III introduces prison nursery …
Prison Privatization: Driving Influences And Performance Evaluation, Carla Schultz
Prison Privatization: Driving Influences And Performance Evaluation, Carla Schultz
Themis: Research Journal of Justice Studies and Forensic Science
United States conservatism and neoliberalism have created a market for prison privatization. The business of making money from incarcerated bodies is in direct conflict with the goals of the justice system. Driving economic and political forces are examined and used to explain the rising prison-industrial complex. Private prison performance is measured by recidivism, cost, inmate rights, and quality of confinement. This paper suggests that prison privatization must be reformed or abolished to improve the corrections system in the United States.
Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs, Rebecca J. Huss
Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs, Rebecca J. Huss
Nevada Law Journal
No abstract provided.
Studies On Religion And Recidivism: Focus On Roxbury, Dorchester, And Mattapan, George Walters-Sleyon
Studies On Religion And Recidivism: Focus On Roxbury, Dorchester, And Mattapan, George Walters-Sleyon
Trotter Review
This research article raises the question of whether religion can be considered a viable partner in the reduction of the high rate of recidivism associated with the increasing mass incarceration in the United States. Can sustainable transformation in the life of a prisoner or former prisoner as a result of religious conversion be subjected to evidenced-based practices to derive impartial conclusions about the value of religion in their lives? With a particular focus on three neighborhoods of Boston—Roxbury, Dorchester, and Mattapan—this study examines the relevance of religion and faith-based organizations in lowering the high rate of recidivism associated with incarceration …
Annotated Bibliography On Independent Prison Oversight, Michele Deitch
Annotated Bibliography On Independent Prison Oversight, Michele Deitch
Pace Law Review
No abstract provided.
Independent Correctional Oversight Mechanisms Across The United States: A 50-State Inventory, Michele Deitch
Independent Correctional Oversight Mechanisms Across The United States: A 50-State Inventory, Michele Deitch
Pace Law Review
No abstract provided.
Getting To Yes In A Plra World, Elizabeth Alexander
Getting To Yes In A Plra World, Elizabeth Alexander
Pace Law Review
No abstract provided.
Accrediting The Accreditors: A New Paradigm For Correctional Oversight, Lynn S. Branham
Accrediting The Accreditors: A New Paradigm For Correctional Oversight, Lynn S. Branham
Pace Law Review
No abstract provided.
Ensuring Progress: Accountability Standards Recommended By The National Prison Rape Elimination Commission, Jamie Fellner
Ensuring Progress: Accountability Standards Recommended By The National Prison Rape Elimination Commission, Jamie Fellner
Pace Law Review
No abstract provided.
Reflections On A Government Model Of Correctional Oversight, Richard T. Wolf
Reflections On A Government Model Of Correctional Oversight, Richard T. Wolf
Pace Law Review
No abstract provided.
Role Of The Correctional Association Of New York In A New Paradigm Of Prison Monitoring, Jack Beck
Role Of The Correctional Association Of New York In A New Paradigm Of Prison Monitoring, Jack Beck
Pace Law Review
No abstract provided.
The Role Of Civilian Organizations With Prison Access And Citizen Members—The New York Experience, John M. Brickman
The Role Of Civilian Organizations With Prison Access And Citizen Members—The New York Experience, John M. Brickman
Pace Law Review
No abstract provided.
Oversight Of Law Enforcement Is Beneficial And Needed—Both Inside And Out, Barbara Attard
Oversight Of Law Enforcement Is Beneficial And Needed—Both Inside And Out, Barbara Attard
Pace Law Review
No abstract provided.
Prison Inspection And The Protection Of Prisoners’ Rights, Anne Owers
Prison Inspection And The Protection Of Prisoners’ Rights, Anne Owers
Pace Law Review
No abstract provided.
The Ombudsman As A Monitor Of Human Rights In Canadian Federal Corrections, Howard Sapers, Ivan Zinger
The Ombudsman As A Monitor Of Human Rights In Canadian Federal Corrections, Howard Sapers, Ivan Zinger
Pace Law Review
No abstract provided.
The Role Of Citizens And Non-Profit Advocacy Organizations In Providing Oversight, Vivien Stern
The Role Of Citizens And Non-Profit Advocacy Organizations In Providing Oversight, Vivien Stern
Pace Law Review
No abstract provided.