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Full-Text Articles in Law
Private Prisons And The New Marketplace For Crime, André Douglas Pond Cummings, Adam Lamparello
Private Prisons And The New Marketplace For Crime, André Douglas Pond Cummings, Adam Lamparello
Faculty Scholarship
A saner and safer prison policy in the United States begins by ending the scourge of the private prison corporation and returning crime and punishment to public function. We continue by radically reimagining our sentencing policies and reducing them significantly for non-violent crimes. We end the War on Drugs, once and for all, and completely reconfigure our drug and prison policy by legalizing and regulating marijuana use and providing health services to addicts of harder drugs and using prison for only violent drug kingpins and cartel bosses. We stop the current criminalization of immigration in its tracks and block the …
Obama’S National Security Exceptionalism, Sudha Setty
Obama’S National Security Exceptionalism, Sudha Setty
Faculty Scholarship
This Article discusses how continued national security exceptionalism engenders a view of the United States as considering itself to be above international obligations to investigate and prosecute torturers and war criminals, and the view by the global community that the United States is willing to apply one standard for itself, and another for the rest of the world. Exceptionalism not only poses real challenges in terms of law, morality, and building useful relationships with allied nations, but acts as a step backward for the creation of enforceable international norms and standards, and in efforts to restore a balance in the …
Address: The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo
Address: The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo
Faculty Scholarship
No abstract provided.
For The Title Ix Civil Rights Movement: Congratulations And Cautions, Nancy Chi Cantalupo
For The Title Ix Civil Rights Movement: Congratulations And Cautions, Nancy Chi Cantalupo
Faculty Scholarship
No abstract provided.
The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
Faculty Scholarship
No abstract provided.
Lgbt Rights And The Mini-Rfra: A Return To Separate But Equal, Terri R. Day, Danielle Weatherby
Lgbt Rights And The Mini-Rfra: A Return To Separate But Equal, Terri R. Day, Danielle Weatherby
Faculty Scholarship
No abstract provided.
Vexatious Litigants And The Ada: Strategies To Fairly Address The Need To Improve Access For Individuals With Disabilities, Helia Garrido Hull
Vexatious Litigants And The Ada: Strategies To Fairly Address The Need To Improve Access For Individuals With Disabilities, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
The Duty Of Responsible Administration And The Problem Of Police Accountability, Charles F. Sabel, William H. Simon
The Duty Of Responsible Administration And The Problem Of Police Accountability, Charles F. Sabel, William H. Simon
Faculty Scholarship
Many contemporary civil rights claims arise from institutional activity that, while troubling, is neither malicious nor egregiously reckless. When law-makers find themselves unable to produce substantive rules for such activity, they often turn to regulating the actors’ exercise of discretion. The consequence is an emerging duty of responsible administration that requires managers to actively assess the effects of their conduct on civil rights values and to make reasonable efforts to mitigate harm to protected groups. This doctrinal evolution partially but imperfectly converges with an increasing emphasis in public administration on the need to reassess routines in the light of changing …
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A. H. Miller
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A. H. Miller
Faculty Scholarship
No abstract provided.
From Outlaw To Outcast To In-Law? Contesting The Perils Of Marriage Equality, Linda C. Mcclain
From Outlaw To Outcast To In-Law? Contesting The Perils Of Marriage Equality, Linda C. Mcclain
Faculty Scholarship
I am pleased to offer the opening commentary in this BU Law Review Annex symposium on Professor Katherine Franke’s provocative new book, Wedlocked: The Perils of Marriage Equality. As previewed by the book’s additional subtitle, “How African Americans and Gays Mistakenly Thought the Right to Marry Would Set Them Free,” Franke aims to provide “cautionary tales” gleaned, or lessons learned, from juxtaposing post-Civil War regulation of the marriages of African Americans freed from slavery with today’s movement for marriage equality for gay men and lesbians.3 Long a skeptic about the gay community’s focus on the goal of marriage—its (in …
Inclusion, Exclusion, And The "New" Economic Inequality, Olatunde C.A. Johnson
Inclusion, Exclusion, And The "New" Economic Inequality, Olatunde C.A. Johnson
Faculty Scholarship
Is racial inequality an unwelcome intruder to the new discourse on economic inequality? The present discourse on economic inequality emphasizes decades-long trends that have increased economic inequality, whether as a result of reoccurring features in the structure of capitalist economies or more recent changes in institutional, structural, and economic conditions. Researchers direct us to the rising fortunes of the top earners and asset holders relative to the rest, the declining fortunes of the middle class harmed by stagnating wages, and the declining share of industries (like manufacturing) in the economy. This new economic inequality discourse has preoccupied economists, garnered its …
Memorandum On Mississippi House Bill 1523, Katherine M. Franke, Michèle Alexandre, Deborah A. Challener, Judith J. Johnson, Richard Gershon, Elizabeth A. Sepper, Noa Ben-Asher, Daria Roithmayr, Nomi M. Stolzenberg
Memorandum On Mississippi House Bill 1523, Katherine M. Franke, Michèle Alexandre, Deborah A. Challener, Judith J. Johnson, Richard Gershon, Elizabeth A. Sepper, Noa Ben-Asher, Daria Roithmayr, Nomi M. Stolzenberg
Faculty Scholarship
As legal scholars with expertise in matters of religious freedom, civil rights, and the interaction between those fields, we offer our opinion on the scope and meaning of Mississippi House Bill 1523, which was signed into law today by Governor Phil Bryant. Specifically, we wish to call attention to language in the law that we believe conflicts with the Establishment Clause of the U.S. Constitution. We share the view of Justice Kennedy when he expressed that “a bare . . . desire to harm a politically unpopular group cannot constitute a legitimate governmental interest,” and would add that neither can …