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Articles 1 - 30 of 393
Full-Text Articles in Social and Behavioral Sciences
Is Emerging Adulthood Influencing Moffitt’S Developmental Taxonomy? Adding The “Prolonged” Adolescent Offender, Christopher Salvatore, Travis A. Taniguchi, Wayne Welsh
Is Emerging Adulthood Influencing Moffitt’S Developmental Taxonomy? Adding The “Prolonged” Adolescent Offender, Christopher Salvatore, Travis A. Taniguchi, Wayne Welsh
Christopher Salvatore
The study of offender trajectories has been a prolific area of criminological research. However, few studies have incorporated the influence of emerging adulthood, a recently identified stage of the life course, on offending trajectories. The present study addressed this shortcoming by introducing the "prolonged adolescent" offender, a low-level offender between the ages of 18 and 25 that has failed to successfully transition into adult social roles. A theoretical background based on prior research in life-course criminology and emerging adulthood is presented. Using data from the National Longitudinal Study of Adolescent Health analyses examined the relationship between indicators of traditional turning …
Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins
Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins
Neal E. Devins
No abstract provided.
Tom Delay: Popular Constitutionalist?, Neal Devins
Tom Delay: Popular Constitutionalist?, Neal Devins
Neal E. Devins
No abstract provided.
The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins
Neal E. Devins
No abstract provided.
Cross Burning, Cockfighting, And Symbolic Meaning: Toward A First Amendment Ethnography, Timothy Zick
Cross Burning, Cockfighting, And Symbolic Meaning: Toward A First Amendment Ethnography, Timothy Zick
Timothy Zick
No abstract provided.
Waiting For Justice, Jeffrey Bellin
Waiting For Justice, Jeffrey Bellin
Jeffrey Bellin
One man’s seven-year wait for a trial reveals the ways mandatory minimums distort our courts.
The Silence Penalty, Jeffrey Bellin
The Silence Penalty, Jeffrey Bellin
Jeffrey Bellin
In every criminal trial, the defendant possesses the right to testify. Deciding whether to exercise that right, however, is rarely easy. Declining to testify shields defendants from questioning by the prosecutor and normally precludes the introduction of a defendant’s prior crimes. But silence comes at a price. Jurors penalize defendants who fail to testify by inferring guilt from silence.
This Article explores this complex dynamic, focusing on empirical evidence from mock juror experiments—including the results of a new 400-person mock juror simulation conducted for this Article—and data from real trials. It concludes that the penalty defendants suffer when they refuse …
Why Congress Does Not Challenge Judicial Supremacy, Neal Devins
Why Congress Does Not Challenge Judicial Supremacy, Neal Devins
Neal E. Devins
Members of Congress largely acquiesce to judicial supremacy both on constitutional and statutory interpretation questions. Lawmakers, however, do not formally embrace judicial supremacy; they rarely think about the courts when enacting legislation. This Article explains why this is so, focusing on why lawmakers have both strong incentive to acquiesce to judicial power and little incentive to advance a coherent view of congressional power. In particular, lawmakers are interested in advancing favored policies, winning reelection, and gaining personal power within Congress. Abstract questions of institutional power do not interest lawmakers and judicial defeats are seen as opportunities to find some other …
How State Supreme Courts Take Consequences Into Account: Toward A State-Centered Understanding Of State Constitutionalism, Neal Devins
Neal E. Devins
No abstract provided.
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Eric A. Kades
Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …
Bearing False Witness: The Clinton Impeachment And The Future Of Academic Freedom, Neal Devins
Bearing False Witness: The Clinton Impeachment And The Future Of Academic Freedom, Neal Devins
Neal E. Devins
No abstract provided.
A Symbolic Balanced Budget Amendment, Neal Devins
A Symbolic Balanced Budget Amendment, Neal Devins
Neal E. Devins
No abstract provided.
A Loss Of Control: Privilege Cases Diminish Presidential Power, Neal Devins
A Loss Of Control: Privilege Cases Diminish Presidential Power, Neal Devins
Neal E. Devins
No abstract provided.
Budget Reform And The Balance Of Powers, Neal Devins
Budget Reform And The Balance Of Powers, Neal Devins
Neal E. Devins
No abstract provided.
Freedom Of Association And Ngo Law: The Constitutionality Of The 2009 Zambian Ngo Law, Muna Ndulo
Freedom Of Association And Ngo Law: The Constitutionality Of The 2009 Zambian Ngo Law, Muna Ndulo
Muna B Ndulo
Freedom of Association is entrenched in the Zambian Constitution and in several International Law instruments to which Zambia is a party. By hindering the independent and effective operations of NGOs, the Non-Governmental Organizations (NGO) Act of 2009 unjustifiably curtails this freedom. This paper examines the NGO Act and documents the various instances in which it imposes an unconstitutional, unjustifiable and disproportionate hindrance on the ability of NGOs to operate effectively. It argues that the Act threatens to roll back the enormous gains that NGOs have made and continue to make in fermenting accountable, democratic and effective governance in Zambia.
Law Association Of Zambia V. The Attorney General (Appeal No. 8/2014) [2016] Zmsc 243, Muna B. Ndulo, Samuel Ndungu
Law Association Of Zambia V. The Attorney General (Appeal No. 8/2014) [2016] Zmsc 243, Muna B. Ndulo, Samuel Ndungu
Muna B Ndulo
No abstract provided.
Attorney General V Mutuna And Others (Appeal No. 088/2012) [2013] Zmsc 38, Muna B. Ndulo
Attorney General V Mutuna And Others (Appeal No. 088/2012) [2013] Zmsc 38, Muna B. Ndulo
Muna B Ndulo
No abstract provided.
Hichilema And Another V Lungu And Another (2016/Cc/0031) [2016] Zmcc 4 (5 September 2016), Majority Judgment, Muna Ndulo
Hichilema And Another V Lungu And Another (2016/Cc/0031) [2016] Zmcc 4 (5 September 2016), Majority Judgment, Muna Ndulo
Muna B Ndulo
No abstract provided.
Constitution Making: The Role Of External Actors, Muna B. Ndulo
Constitution Making: The Role Of External Actors, Muna B. Ndulo
Muna B Ndulo
In the past three decades new constitutions have been developed in many parts of the world, often in the aftermath of conflicts, but also in response to demands for more democratic political systems or for the resolution of institutional crises. In these processes, the international community often plays an important role. This article considers the role that external actors play in the elaboration and development of new constitutions in post-conflict societies. It identifies both the negative and the positive roles external intervention can play and suggests approaches that could be adopted by external actors to maximize their impact while avoiding …
Habeas Corpus In The Age Of Guantánamo, Cary Federman
Habeas Corpus In The Age Of Guantánamo, Cary Federman
Cary Federman
The purpose of the article is to examine the meaning of habeas corpus in the age of the war on terror and the detention camps at Guantanamo Bay. Since the war on terror was declared in 2001, the writ has been invoked from quarters not normally considered within the federal courts’ domain. In this article, I set out to do two things: first, I provide an overview of the writ’s history in the United States and explain its connection to federalism and unlawful executive detention. I then set out to bridge the two meanings of habeas corpus. Second, then, I …
Feed: State Transparency Amidst Informational Surplus, Mark Fenster
Feed: State Transparency Amidst Informational Surplus, Mark Fenster
Mark Fenster
Bds & Political Theory Critical Exchange.Pdf, C. Heike Schotten, William Clare Roberts
Bds & Political Theory Critical Exchange.Pdf, C. Heike Schotten, William Clare Roberts
C. Heike Schotten
Theorizing American Freedom (Review Essay), Anthony O'Rourke
Theorizing American Freedom (Review Essay), Anthony O'Rourke
Anthony O'Rourke
This is a review essay of The Two Faces of American Freedom, by Aziz Rana. The book presents a new and provocative account of the relationship between ideas of freedom and the constitutional structure of American power. Through the nineteenth century, Rana argues, America’s constitutional structure was shaped by a racially exclusionary, yet economically robust, concept that he calls “settler freedom.” Drawing on the burgeoning interdisciplinary field of settler colonial studies, as well as on the vast historical literature on civic republicanism, Rana contends that the concept of settler freedom necessitated a constitutional framework that enabled rapid territorial expansion and …
The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke
The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke
Anthony O'Rourke
Criminal procedure has undergone several well-documented shifts in its doctrinal foundations since the Supreme Court first began to apply the Constitution’s criminal procedure protections to the States. This Article examines the ways in which the political economy of criminal litigation – specifically, the material conditions that determine which litigants are able to raise criminal procedure claims, and which of those litigants’ cases are appealed to the United States Supreme Court – has influenced these shifts. It offers a theoretical framework for understanding how the political economy of criminal litigation shapes constitutional doctrine, according to which an increase in the number …
Structural Overdelegation In Criminal Procedure, Anthony O'Rourke
Structural Overdelegation In Criminal Procedure, Anthony O'Rourke
Anthony O'Rourke
In function, if not in form, criminal procedure is a type of delegation. It requires courts to select constitutional objectives, and to decide how much discretionary authority to allocate to law enforcement officials in order to implement those objectives. By recognizing this process for what it is, this Article identifies a previously unseen phenomenon that inheres in the structure of criminal procedure decision-making. Criminal procedure’s decision-making structure, this Article argues, pressures the Supreme Court to delegate more discretionary authority to law enforcement officials than the Court’s constitutional objectives can justify. By definition, this systematic “overdelegation” does not result from the …
Laws Of Image: Privacy And Publicity In America, Samantha Barbas
Laws Of Image: Privacy And Publicity In America, Samantha Barbas
Samantha Barbas
Americans have long been obsessed with their images—their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of "personal image litigation"—individuals suing to vindicate their image rights. Laws of Image tells the story of how Americans came …
Amendment Of The Abortion Law: Relevant Data And Judicial Opinion
Amendment Of The Abortion Law: Relevant Data And Judicial Opinion
John Noonan
No abstract provided.
The Middle Class, Urban Schools, And Choice, Michael Lewyn
The Middle Class, Urban Schools, And Choice, Michael Lewyn
Michael E Lewyn
Response To “Necessary To The Security Of Free States: The Second Amendment As The Auxiliary Right Of Federalism”, William G. Merkel
Response To “Necessary To The Security Of Free States: The Second Amendment As The Auxiliary Right Of Federalism”, William G. Merkel
William G. Merkel
No abstract provided.
Special Economic Zones In The United States: From Colonial Charters, To Foreign-Trade Zones, Toward Ussezs, Tom W. Bell