Law Enforcement and Corrections Commons^™

An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy

UIC Law Review

No abstract provided.

The New Privacy, Paul M. Schwartz, William M. Treanor

Michigan Law Review

In 1964, as the welfare state emerged in full force in the United States, Charles Reich published The New Property, one of the most influential articles ever to appear in a law review. Reich argued that in order to protect individual autonomy in an "age of governmental largess," a new property right in governmental benefits had to be recognized. He called this form of property the "new property." In retrospect, Reich, rather than anticipating trends, was swimming against the tide of history. In the past forty years, formal claims to government benefits have become more tenuous rather than more secure. …

Prosecutors And Their Agents, Agents And Their Prosecutors, Daniel C. Richman

Faculty Scholarship

This Article seeks to describe the dynamics of interaction between federal prosecutors and federal enforcement agents, and to suggest how these dynamics affect the exercise of enforcement discretion. After considering the virtues and pitfalls of both hierarchical and coordinate organizational modes, the Article offers a normative model that views prosecutors and agents as members of a "working group," with each side monitoring the other. It concludes by exploring how this model can be furthered or frustrated with various procedural and structural changes.

Pathways To Juvenile Detention Reform: Reducing Racial Disparities In Juvenile Detention, Brenda V. Smith, Eleanor Hinton Hoytt, Vincent Schiraldi, Jason Ziedenberg

Research Reports & White Papers

Many years ago, Jim Casey, a founder and long-time CEO of the United Parcel Service, observed that his least prepared and least effective employees were those unfortunate individuals who, for various reasons, had spent much of their youth in institutions or who had been passed through multiple foster care placements. When his success in business enabled him and his siblings to establish a philanthropy (named in honor of their mother, Annie E. Casey), Mr. Casey focused his charitable work on improving the circumstances of disadvantaged children, in particular by increasing their chances of being raised in stable, nurturing family settings. …

The Challenge Of Administration By Regulation: Preliminary Findings Regarding The U.S. Government's Venture Capital Funds, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

This article assesses the ability of elected officials to control public policy as implemented by public/private hybrid organizations, specifically, government venture capital funds. The study reveals greater control over OPIC investment funds than Enterprise Funds despite the existence of more traditional administrative tools of control for Enterprise Funds. This finding suggests that the regulatory infrastructure for hybrid organizations is more determinative of control than the existence (or lack) of traditional administrative control tools. Thus the challenge of hybrid government centers on the development of regulation as a substitute for administration.

Differentiating Regulation Of Public And Private Institutions: A Preliminary Inquiry, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

Twenty years ago, James Q. Wilson and Patricia Rachal argued that government cannot regulate itself. In an era of revived federalism, increased reliance on contractors, and proliferation of quasi-public organizations, the importance of government self-regulation is greater than ever. This paper tests an underlying assumption of Wilson and Rachal's claim: that regulation of public and private organizations can be differentiated. Employing a meta-research design, this pilot study uses existing regulatory case studies to create "regulatory relationship profiles" for public and private organizations. These profiles include information on the structure of the regulator, the intent of the regulation, the enforcement tools …

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article examines prosecutorial discretion and argues it is a major cause of racial inequality in the criminal justice system. It asserts that prosecutorial discretion may instead be used to construct effective solutions to racial injustice. The article maintains that since prosecutors have more power than any other criminal justice officials, with practically no corresponding accountability to the public they serve, they have the responsibility to use their discretion to help eradicate the discriminatory treatment of African Americans in the criminal justice system.

Part I of the Article explains the importance and impact of the prosecution function. Part II discusses …

Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich

Touro Law Review

No abstract provided.

Job Satisfaction And Job Performance: A Meta-Analysis, Michelle Iaffaldano [Graef], Paul M. Muchinsky

Center on Children, Families, and the Law: Faculty Publications

The assumption that job satisfaction and job performance are related has much intuitive appeal, despite the fact that reviewers of this literature have concluded there is no strong pervasive relation between these two variables. The present meta-analytic study demonstrates that (a) the best estimate of the true population correlation between satisfaction and performance is relatively low (.17); (b) much of the variability in results obtained in previous research has been due to the use of small sample sizes, whereas unreliable measurement of the satisfaction and performance constructs has contributed relatively little to this observed variability in correlations; and (c) nine …

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.

The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun

Publications

No abstract provided.

Prisoner's Rights--The Need For An Inmate Grievance Commission In West Virginia, Thomas W. Kupec

West Virginia Law Review

No abstract provided.

The Parole Board's Duty Of Self-Regulation, John P. Quinn

University of Michigan Journal of Law Reform

This article examines the Michigan Parole Board in terms of its structure, mode of operation, and certain legal issues raised by its procedures. The note argues that the Board's and the legislature's concept of professional, scientific decision-making is not an adequate substitute for the checks and balances which confine and control the discretion of other governmental agencies, and furthermore, that this concept is inconsistent with both the letter and spirit of the Michigan Administrative Procedures Act (MAPA or Act). Thereafter, an approach is suggested by which the Act can be used as a tool to legitimate and rationalize Parole Board …

Police Policy Formulation: A Proposal For Improving Police Performance, Herman Goldstein

Michigan Law Review

The police function in this country is much more varied and much more complex than is generally recognized. This is particularly true today in the congested areas of large urban centers· where the demand for police services is especially great and where the police are confronted with an increasing variety of difficult situations, many of which stem from dissatisfaction with the economic and social conditions existing in such areas. As law enforcement has become more difficult, it has, for the same reasons, taken on new importance as a function of local government.

Administrative Officers' Tort Liability, Kenneth Culp Davis

Michigan Law Review

Case law on tort liability of public officers and employees is much more interesting than one might expect on the basis of abstract contemplation. The traditional common-law notion that an employee should, as against the employer, bear the ultimate responsibility for his negligence has been exposed as seriously unrealistic in a holding by a unanimous Supreme Court; the decision concerning the government employee is potentially applicable to corporate employees. The many holdings that officers are not liable for deliberate and malicious torts are based on the intriguing view that justice cannot be done when malice is proved, without opening the …

The Doctrine Of Administrative Trespass In French Law: An Analogue Of Due Process, Armin Uhler

Michigan Law Review

The French droit administratif, since Dicey's critical and unsympathetic comments in his lectures and works on the English constitution, has continued to attract a great deal of interest in the English-speaking world. In this country the more recent references to the system known by that name are prompted by something more than academic curiosity. Unprecedented expansion of administrative activity, particularly on the part of the federal government, has focused attention on many problems which have become acute because of that fact. Unquestionably, one of the most vexing among them is the question of review of administrative action upon the …

Administrative Law - Investigating Powers Of Federal Commissioners - Securities And Exchange Commission, Brackley Shaw

Michigan Law Review

A recent decision in the Circuit Court of Appeals upholding the constitutionality of the powers of search granted to the Securities and Exchange Commission in the Securities Act of 1933 brings to the fore again the question of the extent to which the Federal Government may validly investigate and demand the production of the books and records of private businesses.

Report On The Enforcement Of The Deportation Laws Of The United States, E. Blythe Stason

Michigan Law Review

This report is concurred in by nine of the eleven members of the Commission. Two members, Henry W. Anderson and Kenneth Mackintosh, file dissenting statements. The Report is accompanied by a thoroughly interesting research study of the administration of the deportation laws, prepared by Reuben Oppenheimer. Since this study constitutes the basis of the report, and since the majority of the Commission concur in the conclusions and recommendations set forth in it, the following remarks will deal primarily with the study itself.

Fishing Expeditions By Commissions, John Leland Mechem

Michigan Law Review

Can Congress, under the Commerce Clause of the Constitution, delegate visitorial powers over private corporations engaged in interstate commerce, to the extent of granting unlimited and unrestricted examination and inspection of private papers and effects, with the right to copy them?