Law Commons^™

The Right To Counsel In Utah: An Assessment Of Trial-Level Indigent Defense Services, The Sixth Amendment Center, The Defender Initiative

Fred T. Korematsu Center for Law and Equality

The Right to Counsel in Utah

An Analysis Of The Economic Costs Of Seeking The Death Penalty In Washington State, Robert C. Boruchowitz, Peter A. Collins, Matthew J. Hickman, Mark A. Larranaga

Fred T. Korematsu Center for Law and Equality

An Analysis Of The Economic Costs Of Seeking The Death Penalty In Washington State

Incarcerated Child Birth And “Broader Birth Control”: Autonomy, Regulation, And The State, Deborah Ahrens

Faculty Articles

In recent years, the scholarly literature, the journalistic press, and even pop culture have begun to grapple with the many ways in which prison life works to degrade and dehumanize female prisoners, particularly pregnant women and new mothers. These voices are drawn — quite understandably — to the worst abuses, to practices (such as the shackling of laboring women) that underscore the dichotomy between the brutality of prison life and the allegedly autonomous norms governing pregnancy and parenting in the outside world. This article supplements — and in crucial places challenges — the narrative implicit in those depictions by, first, …

The Green To Blue Pipeline: Defense Contractors And The Police Industrial Complex, Karena Rahall

Faculty Articles

Images of police in tactical gear, pointing automatic weapons at unarmed demonstrators in Ferguson, Missouri, represented a flashpoint in public awareness that American police are rapidly militarizing. Federal grants have been quietly arming police with tanks, drones, and uniforms more suited to waging war than patrolling the streets. As police have acquired more military gear, SWAT teams and deployments have proliferated. Even small towns receive surplus military materiel to fight the “wars” on drugs and terrorism. In addition, police training uses a military approach that threatens to transform the traditional police mandate of protecting and serving into one of engaging …

Tracermarks: A Proposed Information Intervention, Margaret Chon

Faculty Articles

We live in a world of information. But paradoxically, we simultaneously suffer from a scarcity of “smart” information: information that is traceable and therefore reliable, trust-worthy, and ultimately verifiable. Combining the insights of global governance theory with behavioral economics, this Article approaches this challenge from a knowledge governance framework, sets forth various reasons for this unnecessary deficit and proposes an intervention to address it — tracermarks. Envisioned as a hybrid of trademarks and certification marks, tracermarks would encourage various stakeholders to disclose, disseminate and ultimately make decisions about previously hidden qualities of specific goods and services throughout global value networks. …

Applied Legal Storytelling: A Bibliography, Christopher Rideout

Faculty Articles

This article contains a bibliography on the movement known as Applied Legal Storytelling. Those who are interested in Applied Legal Storytelling examine the use of stories—and of storytelling or narrative elements—in law practice, in law school pedagogy, and within the law generally. The Applied Legal Storytelling movement is largely associated with a series of biennial academic conferences that began in 2007, and the majority of the entries in this bibliography originated with presentations at one of those conferences. But the bibliography also acknowledges a number of articles that pre-date 2007 and that could be called precursors. The bibliography first lists …

The Efficiency Norm, Brooke Coleman

Faculty Articles

Efficient is not synonymous with inexpensive. Rather, it refers to an optimal tradeoff between cost and function; a system may simultaneously become both less expensive and less efficient, if the cost savings are offset by an even greater loss of productivity. Yet, this Article argues that if we conceive of the rules and doctrines governing civil procedure as a product, the Judiciary, Congress, and federal civil rulemakers have confused cheap with efficient. They have made this version of “efficiency” — what this Article calls the efficiency norm — the dominant norm of the civil litigation system. This Article argues that …

Asymmetry As Fairness: Reversing A Peremptory Trend, Anna Roberts

Faculty Articles

A recent Ninth Circuit decision, prohibiting peremptory challenges on the basis of sexual orientation, reveals the continuing evolution of the Batson doctrine. Meanwhile, contrary judicial voices demand the abolition of the peremptory challenge. This article uncovers two phenomena that militate against abolition of the peremptory challenge, and in favor of allowing Batson’s evolution. First, the justifications for abolition apply asymmetrically to prosecution and defense, suggesting that an asymmetrical approach is more apt. Second, the states historically adopted an asymmetrical approach — unequal allocation of peremptory challenges to prosecution and defense — and yet many state legislatures have recently abandoned asymmetry, …

Abrogation Magic: The Rules Enabling Act Process, Civil Rule 84, And The Forms, Brooke Coleman

Faculty Articles

The Committee on the Federal Rules of Practice and Procedure seeks to abrogate Federal Rule of Civil Procedure 84 and its attendant Official Forms. Poof - after seventy-six years of service, the Committee will make Rule 84 and its forms disappear. This Essay argues, however, that like a magic trick, the abrogation sleight of hand is only a distraction from the truly problematic change the Committee is proposing. Abrogation of Rule 84 and the Official Forms violates the Rules Enabling Act process. The Forms are inextricably linked to the Rules; they cannot be eliminated or amended without making a change …

Transitions: From Danielle To Daniel, From Victim To Advocate, Daniel Bryner, Starcia Ague

Seattle Journal for Social Justice

No abstract provided.

Girls’ Court: A Gender Responsive Juvenile Court Alternative, Wendy S. Heipt

Seattle Journal for Social Justice

No abstract provided.

Re-Engaging Youth With The Protective Power Of Education, Daniel T. Satterberg, Violetta A. Stringer, Carla C. Lee

Seattle Journal for Social Justice

No abstract provided.

Invisible Voices, Talib D. Williams

Seattle Journal for Social Justice

No abstract provided.

Listening From The Bench Fosters Civility And Promotes Justice, Paula Lustbader

Seattle Journal for Social Justice

No abstract provided.

Social Purpose Corporations: The Next Targets For Greenwashing Practices And Crowdfunding Scams, Tina H. Ho

Seattle Journal for Social Justice

No abstract provided.

High Society: Washington State’S Recreational Cannabis Law And Its Effects On Child Custody And Visitation Rights, Dana Petersen

Seattle Journal for Social Justice

No abstract provided.

Narco Trafficking, Corruption, And Perpetuated Violence In Guatemala, Ima T. Haque

UROP Posters

ABSTRACT: Narco-trafficking and Perpetuated Violence in Guatemala

Over the years drug cartels have made their way into Guatemala through their borders. Drug trafficking is the main reason why the border between Guatemala and Honduras is one of the most violent locations in Central America. Due to lawlessness and corruption, wealthy drug traffickers assume an authoritative role in the region (Crisis Group, 2014). A 2010 report done by U.S. International Narcotics Control Strategy says that “Guatamala is the epicenter of the drug threat.” (Brice, CNN, 2011). However, the increase in drug related violence is due to Zetas, a Mexican drug cartel. …

Risk-Based Pretrial Release Recommendation And Supervision Guidelines, Mona J.E. Danner, Marie Vannostrand, Lisa M. Spruce

Sociology & Criminal Justice Faculty Publications

[Introduction] Pretrial services agencies in Virginia are actively engaged in identifying, testing, and implementing pretrial services legal and evidence-based practices (LEBP) that are consistent with the legal and constitutional rights afforded to accused persons awaiting trial, and that research has proven to be effective in reducing unnecessary detention while assuring court appearance and the safety of the community during the pretrial stage. The virginia pretrial risk assessment instrument (VPRAI), known nationally as the "Virginia Model," was the first research-based statewide pretrial risk assessment in the country. The VPRAI examines eight risk factors that are weighted to create a risk score, …

"Don't Talk To Me About Deception": The Necessary Erosion Of The Trans-Panic Defense, Aimee Wodda, Vanessa R. Panfil

Sociology & Criminal Justice Faculty Publications

[Introduction] A woman sits on a stage and tells a talk show host that a man who has "liked" many of her pictures on Instagram has wanted to meet her for a month, but it had not yet happened because they live in different parts of the country. He called the talk show in order to facilitate their meeting, and she obliged. However, she tells the talk show host: "But he doesn't know my secret." When the host asks her what it is, she replies that she is transgender, to which the audience makes loud "ooooooh" noises. She says that …

Crime And Punishment, A Global Concern: Who Does It Best And Does Isolation Really Work?, Melanie Reid

Kentucky Law Journal

No abstract provided.

Should Paris Hilton Receive A Lighter Prison Sentence Because She's Rich? An Experimental Study, Josef Montag, Tomáš Sobek

Kentucky Law Journal

The "equal punishment for the same crime" principle is generally agreed upon--yet its implementation differs radically depending on whether the punishment is measured purely in nominal terms or whether the subjective perspective of the punishee is accounted for. This is simply because different people may experience the same punishment with differing intensity.

Legal scholars have recently proposed that improvements in scientific knowledge and advancements in technologies (such as Functional magnetic resonance imaging), which allow us to measure subjective perceptions and feelings, need to be and should be incorporated in our penal systems. This would facilitate calibrating the punishment not only …

Association Of Molecular Pathology V. Myriad Genetics, Inc.: Determining The Scope Of The Supreme Court's Holding For Patentable Subject Matter, Ashley Winkler

Kentucky Law Journal

No abstract provided.

A Uniform Test Isn't Here Right Now, But Please Leave A Message: How Altering The Spence Symbolic Speech Test Can Better Meet The Needs Of An Expressive Society, Caitlin Housley

Kentucky Law Journal

No abstract provided.

The Depth Of Endurance: A Critical Look At Prolonged Solitary Confinement In Light Of The Constitution And A Call To Reform, Shannon H. Church

Kentucky Law Journal

No abstract provided.

50,000 Voices Can't Be Wrong, But Courts Might Be: How Chevron's Existence Contributes To Retrenching The Higher Education Act, Twinette L. Johnson

Kentucky Law Journal

No abstract provided.

Public Benefit Corporations In Kentucky: What Impact Should Kentucky Corporations Expect?, Mary Katherine Kington

Kentucky Law Journal

No abstract provided.

Once We're Done Honeymooning: Obergefell V. Hodges, Incrementalism, And Advances For Sexual Orientation Anti-Discrimination, Jeremiah A. Ho

Kentucky Law Journal

Undoubtedly, the Supreme Court's marriage equality decision in Obergefell v. Hodges is the watershed civil rights decision of our time. Since United States v. Windsor, each recent victory for same-sex couples in the federal courts evidenced that the legal recognition of same-sex marriages in the United States was becoming increasingly secure. Meanwhile, momentum was growing for the visibility of sexual minorities nationally. Yet, is marriage equality the last stop in the pro-LGBTQmovement, or should we expect sexual minorities to advance in other legal arenas? Should we expect that the recent strides in marriage equality from Windsor to Obergefell can …

Taking Physicians Out Of The Straitjacket: Defending Physician Free Speech Rights By Defining The "Truthful And Nonmisleading" Standard, Kathryn E. Meyer

Kentucky Law Journal

No abstract provided.

Rectifying These Mean Streets: Percent-For-Art Ordinances, Street Furniture, And The New Streetscape, Asmara M. Tekle

Kentucky Law Journal

No abstract provided.

Persecution: How Much Is Enough?, Hillary R. Chambers

Kentucky Law Journal

No abstract provided.