Law Commons^™

Prison Visitation Policies: A Fifty State Survey, Chesa Boudin

Chesa Boudin

This paper presents a summary of the findings from the first fifty-state survey of prison visitation policies. Our research explores the contours of how prison administrators exercise their discretion to prescribe when and how prisoners may have contact with friends and family. Visitation policies impact recidivism, inmates’ and their families’ quality of life, public safety, and prison security, transparency and accountability. Yet many policies are inaccessible to visitors and researchers. Given the wide-ranging effects of visitation, it is important to understand the landscape of visitation policies and then, where possible, identify best practices and uncover policies that may be counterproductive …

Deinstitutionalization Of Status Offenders: In Perspective , Robert W. Sweet Jr.

Pepperdine Law Review

No abstract provided.

Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli

Pepperdine Law Review

No abstract provided.

Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff

Pepperdine Law Review

No abstract provided.

Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk

Pepperdine Law Review

No abstract provided.

California's Constitutional Right To Privacy, J. Clark Kelso

Pepperdine Law Review

No abstract provided.

Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon

Pepperdine Law Review

No abstract provided.

Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose

Pepperdine Law Review

No abstract provided.

Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom

Pepperdine Law Review

No abstract provided.

"You May Have Already Won. . .": Telemarketing Fraud And The Need For A Federal Legislative Solution , Patrick E. Michela

Pepperdine Law Review

No abstract provided.

Substance And Method In The Year 2000, Akhil Reed Amar

Pepperdine Law Review

No abstract provided.

Realizing The Right To Counsel In Guardianship: Dispelling Guardianship Myths, Patricia M. Cavey

Marquette Elder's Advisor

Criminal defendants have basic rights and proper defense counsel, but guardianship defendants often are denied these same rights. The author discusses five myths commonly held by attorneys and judges who deal with guardianship cases. The article offers suggestions to potential guardianship defendants for preserving their rights and protecting their interests.

Failing To Care: How Effective Compliance Prevents Institutional Elder Neglect, David R. Hoffman

Marquette Elder's Advisor

Hoffman discusses how criminal and civil action by way of state criminal statutes and the False Claims Act should be utilized against institutions that receive governmental funding to motivate them to provide residents with adequate services. The article outlines how elder care institutions can provide effective care for their residents through appropriate employment screening and on-boarding, reporting and monitoring and thorough investigative procedures

Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan

Pepperdine Law Review

No abstract provided.

Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister

Pepperdine Law Review

No abstract provided.

Moral Judgments & International Crimes: The Disutility Of Desert, Andrew K. Woods

Law Faculty Scholarly Articles

The international criminal regime exhibits many retributive features, but scholars and practitioners rarely defend the regime in purely retributive terms—that is, by reference to the inherent value of punishing the guilty. Instead, they defend it on the consequentialist grounds that it produces the best policy outcomes, such as deterrence, conflict resolution, and reconciliation. These scholars and practitioners implicitly adopt a behavioral theory known as the "utility of desert," a theory about the usefulness of appealing to people's retributive intuitions. That theory has been critically examined in domestic criminal scholarship but practically ignored in international criminal law.

This Article fills this …

The Right To Remain Silent: Addressing A Government Attorney Client Privilege In The Context Of A Grand Jury Subpoena, Matan Shmuel

Matan Shmuel

This article deals with the circuit split over whether a government agency can use government attorneys to conceal what would otherwise become public information. Often, a government agency representative might discuss with nearby agency counsel personal legal information outside the scope of their employment. Courts are split over whether this is privileged or not. My article proposes a solution to the split by implementing a factor test which takes into account the government interest in confidentiality, the public need for disclosure, and the ability of the grand jury to find the information elsewhere.

Cutting The Cord: Ho'oponopono And Hawaiian Restorative Justice In The Criminal Law Context , Andrew J. Hosmanek

Pepperdine Dispute Resolution Law Journal

Ho'oponopono is a traditional Hawaiian dispute resolution system that has recently experienced a resurgence of interest. The word ho'oponopono literally means to make right. In this system, both the offender and victim participate in a type of guided mediation along with other stakeholders in the offense. Ho'oponopono is different from typical mediations because after the session is successfully completed, the participants figuratively cut the cord of legal and psychological entanglement which binds them - in other words, the dispute is put to rest forever. When victim and offender come to a true resolution of the problem, and jointly make the …

Overcoming The Unfortunate Legacy Of Haditha, The Stryker Brigade “Kill Team”, And Pantano: Establishing More Effective War Crimes Accountability By The United States, Alan F. Williams

Alan F. Williams

In the years since September 11, 2001 U.S. personnel have been implicated in many incidents involving possible war crimes as defined by the Geneva Conventions. The author critically examines the current U.S approach to handling war crimes and concludes that the process is fundamentally flawed and has repeatedly produced unjust outcomes, particularly in a series of high profile cases that have greatly damaged the position of the U.S. in the international community. The author concludes that not only has the U.S. lost the respect of the international community, but has also simultaneously increased the likelihood that U.S. personnel who serve …

Can The Ceo Learn From The Condemned? The Application Of Capital Mitigation Strategies To White Collar Cases, Todd Haugh

American University Law Review

No abstract provided.

Adversarial Inquisitions: Rethinking The Search For The Truth, Keith A. Findley

NYLS Law Review

No abstract provided.

Contract Breaches And The Criminal/Civil Divide: An Inter-Common Law Analysis, Monu Bedi

College of Law Faculty

Scholars have long debated why certain common law breaches in American jurisprudence receive criminal punishment (imprisonment) while others only receive civil sanctions (monetary damages). Scholars like Richard Posner and Guido Calabresi have used economic-based models and the notion of efficiency to explain why torts only receive civil sanctions but crimes receive criminal punishment. Others like John Coffee and Paul Robinson have questioned the explanatory power of these models. Instead, they have focused on the moral difference between torts and crimes. Simply put, a crime’s intentional nature makes it morally worse than the carelessness typified by tortious activity. Interestingly, scholars on …

Your View: Top Funding Needed For Legal Assistance Corporation, Justine A. Dunlap

Faculty Publications

Lawyers - we love to hate them until we need one. The good news that, in certain critical situations, lawyers are available. They are a constitutional entitlement for the criminally accused. They can be retained on a contingency fee basis in certain kinds of cases. Legal services may be available through a work-based pre-paid plan. And, if you have lots of money, legal services are, of course, readily procurable. That's the stuff of legal "dream teams".

Juvenile Justice Reform: Now Is The Moment, Judith S. Kaye

NYLS Law Review

No abstract provided.

Criminalizing The Classroom: The Rise Of Aggressive Policing And Zero Tolerance Discipline In New York City Public Schools, Udi Ofer

NYLS Law Review

No abstract provided.

Congressional Inquiry And The Federal Criminal Law, J. Richard Broughton

University of Richmond Law Review

This article supports constraint of the modern federal criminal law regime through greater attention to, and use of, congressional investigation and over =sight powers. Through an analysis of the 2009 and 2010 United States House of Representatives hearings on over-criminalization, this article asserts that Congress has political and constitutional incentives to use its investigation and oversight powers to address these problems. Conventional wisdom asserts that political disincentives to reduce the federal criminal law regime and weaknesses in investigative and oversight powers limit congressional effectiveness.

Comparative Law And International Human Rights Law: Non-Retroactivity And Lex Certa In Criminal Law, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.

Review Of Ct Legislation: Submission On Federal Criminal Code Ct Provisions, Gregory L. Rose

Faculty of Law, Humanities and the Arts - Papers (Archive)

This submission relates to only selected federal Criminal Code counter-terrorism (CT) laws, although recognising that national CT criminal laws form merely part a small part of the national effort required to combat extremist political violence. It suggests several of the CT provisions in which clarity could be improved.

Assessment of the federal CT laws against the criterion of necessity indicates that, although the CT criminal offences update or extend prior legislation, most prior legislation remains on the books, and overlap occurs. Yet, in another respect, they do not overlap with other extant crimes of violence. The intention of terrorism perpetrators, …

Contingent Compensation Of Post-Conviction Counsel: A Modest Proposal To Identify Meritorious Claims And Reduce Wasteful Government Spending, Christopher Robertson

Faculty Scholarship

This contribution to a symposium on post-conviction litigation argues that the lack of properly-incentivized counsel is a primary problem with our failing system of habeas litigation. The lack of counsel causes a great flood of frivolous petitions by pro se prisoners, while also preventing prisoners with meritorious claims from getting relief. The lack of counsel, and more fundamentally, the lack of funding therefor, thus perpetuates the problem of incarceration waste. Government-funded contingent compensation of post-conviction counsel may be the most promising way to help courts identify the bona fide cases deserving of relief, providing more accurate justice and saving money …

With Child, Without Rights?: Restoring A Pregnant Woman's Right To Refuse Medical Treatment Through The Hiv Lens, Michael Ulrich

Faculty Scholarship

In Doe v. Division of Youth & Family Services , a hospital employee sought state intervention when an HIV-positive woman refused to comply with treatment recommendations during her pregnancy to drastically reduce the chances of mother-to-child-transmission (MTCT), eventually triggering a lawsuit against the hospital. With an increase in the number of HIV-positive women becoming pregnant and the court avoiding constitutional analysis of the woman’s right to refuse medical treatment, there is a clear void where legal analysis is surely needed. This Article fills this void for the inevitable case where an HIV-positive pregnant woman’s right to refuse medical treatment is …