Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 7 of 7
Full-Text Articles in Law
Horizontal Federalism In An Age Of Criminal Justice Interconnectedness, Wayne A. Logan
Horizontal Federalism In An Age Of Criminal Justice Interconnectedness, Wayne A. Logan
Scholarly Publications
Despite their status as independent sovereigns, states increasingly exhibit a willingness to interact when it comes to crime control matters. This Article examines the two foremost examples of this phenomenon: criminal recidivist enhancement laws and sex offender registration laws. Both types of laws have been around for decades and have evolved to accommodate ex-offenders, who, consistent with constitutional freedom of movement, can (and often do) change state residences. This effort at accommodation, however, puts states in the unusual position of having to interpret and apply the criminal laws and outcomes of their fellow sovereigns. As the Article makes clear, recidivist …
Civil And Criminal Recidivists: Extraterritoriality In Tort And Crime, Wayne A. Logan
Civil And Criminal Recidivists: Extraterritoriality In Tort And Crime, Wayne A. Logan
Scholarly Publications
Historically, punitive damage awards and criminal sentences have shared the common justifications of punishment and deterrence, with the culpability of tortfeasors and criminals alike being enhanced as a result of repeat misconduct. The Supreme Court’s 2003 decision in State Farm v. Campbell suggests, however, that the parallels now in effect stop at the state line. The extraterritorial misconduct of tortfeasors is permitted to play a very limited role, if any, in the assessment of punitive damage awards. Meanwhile, such misconduct continues to be used by courts to significantly enhance the sentences of criminal defendants, an asymmetry accentuated by California v. …
Constitutional Challenges, Risk-Based Analysis And Criminal History Databases: More Demands On The U.S. Sentencing Commission, Nora V. Demleitner
Constitutional Challenges, Risk-Based Analysis And Criminal History Databases: More Demands On The U.S. Sentencing Commission, Nora V. Demleitner
Scholarly Articles
Not available.
Why Restorative Justice Is Not Compulsory Compassion: Annalise Acorn's Labour Of Love Lost [A Review Of 'Compulsory Compassion: A Critique Of Restorative Justice,' Annalise E. Acorn (Vancouver: University Of British Columbia Press, 2004)], Bruce P. Archibald
Articles, Book Chapters, & Popular Press
Annalise Acorn has produced an immensely engaging book about love, sexuality and law, written with verve and elan; however, it paints a hugely misleading picture of restorative justice that could be seriously damaging to what is arguably the most significant development in criminal justice since the emergence of the nation state. Restorative justice is changing the nature of criminal justice systems the world over. The Canadian criminal justice system is a leader in this regard, though it is far from being alone. Simplistic and dysfunctional systems of punitive criminal justice are being altered and supplemented by restorative programs that are …
Legal Scholarship Symposium: The Scholarship Of Lawrence M. Friedman, Robert J. Cottrol
Legal Scholarship Symposium: The Scholarship Of Lawrence M. Friedman, Robert J. Cottrol
GW Law Faculty Publications & Other Works
Lawrence M. Friedman has achieved a singular preeminence as a legal historian for articulating a new vision of legal history as a discipline in his 1973 work entitled A History of American Law. This book treats American law as a mirror of society. At the time, Friedman's vision was still something quite new in American legal historiography. James Willard Hurst's notions of legal history as a sociolegal inquiry would heavily influence Friedman, helping to move the field into new and often surprising precincts. Friedman's approach to legal history is one that introduced us to previously unexamined actors and institutions. Whether …
The Effectiveness Of Juvenile Correctional Facilities: Public Versus Private Management, Patrick J. Bayer, David Pozen
The Effectiveness Of Juvenile Correctional Facilities: Public Versus Private Management, Patrick J. Bayer, David Pozen
Faculty Scholarship
This paper uses data on juvenile offenders released from correctional facilities in Florida to explore the effects of facility management type (private for-profit, private nonprofit, public state-operated, and public county-operated) on recidivism outcomes and costs. The data provide detailed information on individual characteristics, criminal and correctional histories, judge-assigned restrictiveness levels, and home zip codes — allowing us to control for the nonrandom assignment of individuals to facilities far better than any previous study. Relative to all other management types, for-profit management leads to a statistically significant increase in recidivism, but relative to nonprofit and state-operated facilities, for-profit facilities operate at …
Legal Scholarship Symposium: The Scholarship Of Lawrence M. Friedman, Robert J. Cottrol
Legal Scholarship Symposium: The Scholarship Of Lawrence M. Friedman, Robert J. Cottrol
GW Law Faculty Publications & Other Works
Lawrence M. Friedman has achieved a singular preeminence as a legal historian for articulating a new vision of legal history as a discipline in his 1973 work entitled A History of American Law. This book treats American law as a mirror of society. At the time, Friedman's vision was still something quite new in American legal historiography. James Willard Hurst's notions of legal history as a sociolegal inquiry would heavily influence Friedman, helping to move the field into new and often surprising precincts. Friedman's approach to legal history is one that introduced us to previously unexamined actors and institutions.
Whether …