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The Right To Cause Harm As An Alternative To Being Sacrificed For Others: An Exploration Of Agent-Rights With A Special Focus On Intervening Agency, Alec Walen 2018 University of San Diego

The Right To Cause Harm As An Alternative To Being Sacrificed For Others: An Exploration Of Agent-Rights With A Special Focus On Intervening Agency, Alec Walen

San Diego Law Review

My strategy for defending the right of non-sacrifice and the connected agent–patient inference is to move through a series of cases, starting with easy cases—clearly permissible acts of non-sacrifice—and moving to more controversial ones. The controversial cases are those in which intervening agency is central to explaining why an agent should have the right of non-sacrifice. My argument will not simply be an attempt to explain intuitions. I take the intuitions on the easy cases to be reliable, but once we move to controversial cases, I think moral intuitions become unreliable. My argument fundamentally trades on two thoughts: (1) there …


Poor Wesley Hohfeld, Peter Westen 2018 University of San Diego

Poor Wesley Hohfeld, Peter Westen

San Diego Law Review

John Wesley Hohfeld has lost one audience and gained another in the century since he published his seminal Fundamental Legal Conceptions in 1919. Hohfeld originally conceived of his work as an aide to lawyers and law students. And law faculties initially embraced him enthusiastically. Over time, however, law faculties have lost interest in Hohfeld, and moral philosophers have taken their place, such that it is difficult to read widely nowadays in moral theory regarding war and self defense without coming across supportive references to Hohfeld. Unfortunately moral theorists too often invoke Hohfeld for propositions that he explicitly disavowed. Using Uwe …


Ibarra Vs. State, 134 Nev. Adv. Op. 70 (Sept. 13, 2018) (En Banc), Whitney Jones 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Ibarra Vs. State, 134 Nev. Adv. Op. 70 (Sept. 13, 2018) (En Banc), Whitney Jones

Nevada Supreme Court Summaries

The Court determined a defendant can be convicted of larceny from the person when a defendant fraudulently persuades a person to temporarily hand over their property, when in fact the defendant intends to permanently take the person’s property without the person’s consent for purposes of NRS 205.270(1).


Dunham (John) V. State, 134 Nev. Adv. Op. 68 (Sept. 6, 2018), Katrina Brandhagen 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Dunham (John) V. State, 134 Nev. Adv. Op. 68 (Sept. 6, 2018), Katrina Brandhagen

Nevada Supreme Court Summaries

The Court determined that the word “resides” in NRS 205.067(5)(b) does not require that the owner of a dwelling live permanently or continuously in the dwelling. The Court also held that the sentence of a maximum of 96 months in prison with parole eligibility after 38 months imposed on the appellant when a jury convicted him of home invasion, was not cruel and unusual punishment.


Digging Them Out Alive, Michael Millemann, Rebecca Bowman Rivas, Elizabeth Smith 2018 University of Maryland Francis King Carey School of Law

Digging Them Out Alive, Michael Millemann, Rebecca Bowman Rivas, Elizabeth Smith

Faculty Scholarship

From 2013-2018, we taught a collection of interrelated law and social work clinical courses, which we call “the Unger clinic.” This clinic was part of a major, multi-year criminal justice project, led by the Maryland Office of the Public Defender. The clinic and project responded to a need created by a 2012 Maryland Court of Appeals decision, Unger v. State. It, as later clarified, required that all Maryland prisoners who were convicted by juries before 1981—237 older, long-incarcerated prisoners—be given new trials. This was because prior to 1981 Maryland judges in criminal trials were required to instruct the jury …


Re-Sentencing Reform: A Comparative Analysis Of The Juvenile Justice System In The United States, United Kingdom, Colombia And Australia, Vianca I. Picart 2018 Nova Southeastern University

Re-Sentencing Reform: A Comparative Analysis Of The Juvenile Justice System In The United States, United Kingdom, Colombia And Australia, Vianca I. Picart

ILSA Journal of International & Comparative Law

No abstract provided.


Reforma De La Revisiòn De Sentencia: Un Análisis Comparativo Del Sistema De Justicia Juvenil En Los Estados Unidos, El Reino Unido, Colombia Y Australia, Vianca I. Picart 2018 Nova Southeastern University

Reforma De La Revisiòn De Sentencia: Un Análisis Comparativo Del Sistema De Justicia Juvenil En Los Estados Unidos, El Reino Unido, Colombia Y Australia, Vianca I. Picart

ILSA Journal of International & Comparative Law

No abstract provided.


Sex Offender Civil Commitment To Prison Post-Kingsley, Arielle W. Tolman 2018 Northwestern Pritzker School of Law

Sex Offender Civil Commitment To Prison Post-Kingsley, Arielle W. Tolman

Northwestern University Law Review

Today, an estimated 5400 people are civilly committed under state and federal sex offender programs. This Note surveys these civil commitment regimes and finds that seventeen jurisdictions (sixteen states and the federal government) have enacted legislative schemes that authorize the indefinite civil detention of people charged with, or previously convicted of, sex offenses to prisons or prison-like facilities—often for their entire lives. By charting the pervasiveness of sex offender civil commitment to prison, this Note provides new evidence that these sex offender civil commitment statutes are, in fact, punitive and, therefore, unconstitutional. Moreover, this Note argues that the Supreme Court’s …


Collateral Consequences And Criminal Justice: Future Policy And Constitutional Directions, 2018 Marquette University Law School

Collateral Consequences And Criminal Justice: Future Policy And Constitutional Directions

Marquette Law Review

National policy with respect to collateral consequences is receiving more attention than it has in decades. This article outlines and explains some of the reasons for the new focus. The legal system is beginning to recognize that for many people convicted of crime, the greatest effect is not imprisonment, but being marked as a criminal and subjected to legal disabilities. Consequences can include loss of civil rights, loss of public benefits, and ineligibility for employment, licenses, and permits. The United States, the 50 states, and their agencies and subdivisions impose collateral consequences—often applicable for life—based on convictions from any jurisdiction. …


Bucklew V. Precythe : Brief Of Arizona Voice For Crime Victims, Inc., And Melissa Sanders As Amici Curiae In Support Of Respondents, Paul Cassell, Allyson N. Ho, Daniel Nowicki, Daniel Chen 2018 S.J. Quinney College of Law, University of Utah

Bucklew V. Precythe : Brief Of Arizona Voice For Crime Victims, Inc., And Melissa Sanders As Amici Curiae In Support Of Respondents, Paul Cassell, Allyson N. Ho, Daniel Nowicki, Daniel Chen

Utah Law Faculty Scholarship

This amicus brief in Bucklew v. Precythe discusses how undue delay in capital cases can harm crime victims’ families. After reviewing the facts of the cases, the brief draws on the available scholarship to show how extended delays in criminal cases – and particularly death penalty cases – can compound the harms and exacerbate the trauma that victims’ families suffer. The brief concludes that the important interests of victims should be vindicated by affirming the judgment reached below.


Gamble V. U.S.: Brief Of Amici Curiae Law Professors In Support Of Petitioner, Stuart Banner, Paul Cassell 2018 UCLA School of Law

Gamble V. U.S.: Brief Of Amici Curiae Law Professors In Support Of Petitioner, Stuart Banner, Paul Cassell

Utah Law Faculty Scholarship

In this case currently before the U.S. Supreme Court, petitioner Gamble's brief demonstrates that there was no dual sovereignty doctrine before the mid-19th century. At the Founding and for several decades thereafter, a prosecution by one sovereign was understood to bar a subsequent prosecution by all other sovereigns. Dual sovereignty is thus contrary to the original meaning of the Double Jeopardy Clause. Defendants today enjoy a weaker form of double jeopardy protection than they did when the Bill of Rights was ratified.

But that fact only raises three further questions. First why did the Court erroneously conclude in Bartkus v. …


Point/Counterpoint On The Miranda Decision: Should It Be Replaced Or Retained?, Paul Cassell, Amos N. Guiora 2018 S.J. Quinney College of Law, University of Utah

Point/Counterpoint On The Miranda Decision: Should It Be Replaced Or Retained?, Paul Cassell, Amos N. Guiora

Utah Law Faculty Scholarship

In this point/counterpoint exchange, Professors Paul Cassell and Amos Guiora debate the U.S. Supreme Court’s decision in Miranda v. Arizona. Cassell challenges the decision, arguing that it has had harmful effects on American law enforcement efforts. Cassell cites evidence that the decision led to reduction in crime clearance rates and urges that the restrictions in the decision be replaced by a requirement that the police videotape interrogations. Cassell urges prosecutors to consider arguing that modern tools like videotaping creates a legal regime that allows the technical Miranda rules to be regarded as superseded relics of an outmoded and harmful prophylactic …


Tradeoffs Between Wrongful Convictions And Wrongful Acquittals: Understanding And Avoiding The Risks, Paul Cassell 2018 S.J. Quinney College of Law, University of Utah

Tradeoffs Between Wrongful Convictions And Wrongful Acquittals: Understanding And Avoiding The Risks, Paul Cassell

Utah Law Faculty Scholarship

This article focuses on trade-offs that inhere in the criminal justice system, tradeoffs neatly encapsulated in Blackstone’s famous ten-to-one ratio of guilty persons who should be allowed escape justice rather than an innocent suffer. Blackstone’s aphorism reminds us not only of the importance of ensuring that innocent persons are not convicted, but also that unbounded protections might unduly interfere with convicting the guilty. In my contribution to a symposium in honor of Professor Michael Risinger, I respond to thoughtful articles written by both Professors Laudan and Zalman and make two main points. First, in Part I, I turn to Professor …


All Eyez On Me': America's War On Drugs And The Prison-Industrial Complex, andré douglas pond cummings 2018 University of Arkansas at Little Rock William H. Bowen School of Law

All Eyez On Me': America's War On Drugs And The Prison-Industrial Complex, André Douglas Pond Cummings

Law Faculty Scholarship

In 1971, President Richard Nixon named drug abuse as “public enemy number one” in the United States. Since that time, an explicit “War on Drugs” has dominated the political imagination of the United States. Since declaring a War on Drugs, domestic incarceration rates have exploded, particularly in the African-American and Latino populations. Politicians such as Nixon, Barry Goldwater, and Nelson Rockefeller each advocated for harsh drug laws and severe criminal sanctions because they argued a strong correlation existed between drug addiction and crime. These claims have dominated legislative enactments since the 1970s, virtually ignoring those who argue that drug addiction …


Defending The Spirit: The Right To Self-Defense Against Psychological Assault, Kindaka J. Sanders 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Defending The Spirit: The Right To Self-Defense Against Psychological Assault, Kindaka J. Sanders

Nevada Law Journal

No abstract provided.


Nova Law Review Full Issue Volume 42, Issue 3, 2018 Nova Southeastern University

Nova Law Review Full Issue Volume 42, Issue 3

Nova Law Review

No abstract provided.


Bias-Motivated Homicides: Toward A New Typology, Lindsey Sank Davis 2018 CUNY Graduate Center

Bias-Motivated Homicides: Toward A New Typology, Lindsey Sank Davis

Dissertations, Theses, and Capstone Projects

Despite significant progress towards equal protection under the law for women, LGBT individuals, and people of color in the United States, hate crime remains a pervasive problem, and rates appear to have increased in recent years. Bias-motivated homicide – arguably the most serious form of hate crime – is statistically rare but may have far-reaching consequences for marginalized communities. Data from the Uniform Crime Reports and the National Crime Victimization Survey have suggested that, on average, fewer than 10 bias-motivated homicides occur in the United States per year; however, data from open sources indicate that the rate of bias-motivated homicide …


Appeals By The Prosecution, Nancy J. King, Michael Heise 2018 Vanderbilt University Law School

Appeals By The Prosecution, Nancy J. King, Michael Heise

Vanderbilt Law School Faculty Publications

Scholarly and public debates about criminal appeals have largely taken place in an empiri- cal vacuum. This study builds on our prior empirical work exploring defense-initiated criminal appeals and focuses on criminal appeals by state and federal prosecutors. Exploit- ing data drawn from a recently released national sample of appeals by state prosecutors decided in 2010, as well as data from all appeals by federal prosecutors to the U.S. Courts of Appeals terminated in the years 2011 through 2016, we provide a detailed snapshot of noncapital, direct appeals by prosecutors, including extensive information on crime type, claims raised, type of …


Kentucky Criminal Law Reform In The Age Of Aquarius, Kurt Metzmeier 2018 University of Louisville Brandeis School of Law

Kentucky Criminal Law Reform In The Age Of Aquarius, Kurt Metzmeier

Faculty and Staff Scholarship

In Kentucky criminal law, it is useful to divide legal history into two broad eras: the years before the 1970s and those after that pivotal decade of reforms. The 1970s brought a new court system, a dramatic bail reform law which criminalized the hated bail-bondsmen and even a new court house. However, for the modern case law researcher the most significant change was the adoption of a statutory penal code—a code that marked a break between the two centuries of common-law crimes that preceded 1974 and the four decades afterwards.


The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School of Law 2018 Roger Williams University

The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


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