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Moral Crimes Post-Mellouli: Making A Case For Eliminating State-Based Prostitution Convictions As A Basis For Inadmissibility In Immigration Proceedings, Kerry Q. Battenfeld 2017 Buffalo Law Review

Moral Crimes Post-Mellouli: Making A Case For Eliminating State-Based Prostitution Convictions As A Basis For Inadmissibility In Immigration Proceedings, Kerry Q. Battenfeld

Buffalo Law Review

No abstract provided.


Toward A Science Of Torture?, Maxwell Gregg Bloche 2017 Georgetown University Law Center

Toward A Science Of Torture?, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

Does torture “work?” Proponents, including President Trump and the architects of CIA “Enhanced Interrogation” say it does, by breaking terrorists' resistance to revealing information that saves lives. Torture's foes typically dismiss this claim as false to the point of fraud--fortuitous coincidence with torture's unlawfulness. Neither view, I argue herein, rests firmly on evidence. Rival anecdotes, not data, have, so far, driven this debate. And a scientific answer is beyond our reach, since: (1) rigorous comparison between interrogation methods that do and don't involve torture isn't possible, and (2) studies of this sort would be transparently unethical. This hasn't stopped the …


From Grace To Grids: Rethinking Due Process Protections For Parole., Kimberly A. Thomas, Paul D. Reingold 2017 University of Michigan Law School

From Grace To Grids: Rethinking Due Process Protections For Parole., Kimberly A. Thomas, Paul D. Reingold

Articles

Current due process law gives little protection to prisoners at the point of parole, even though the parole decision, like sentencing, determines whether or not a person will serve more time or will go free. The doctrine regarding parole, which developed mostly in the late 1970s, was based on a judicial understanding of parole as an experimental, subjective, and largely standardless art—rooted in assessing the individual “character” of the potential parolee. In this Article we examine the foundations of the doctrine, and conclude that the due process inquiry at the point of parole should take into account the stark changes …


The Prophylactic Fifth Amendment, Tracey Maclin 2017 Boston University School of Law

The Prophylactic Fifth Amendment, Tracey Maclin

Faculty Scholarship

Before Miranda was decided, the Court had not squarely confronted the issue of when a violation of the Fifth Amendment occurs. Over fifty years ago, the Court acknowledged that the right against self-incrimination has two interrelated facets: The Government may not use compulsion to elicit self-incriminating statements; and the Government may not permit the use in a criminal trial of self-incriminating statements elicited by compulsion. Back then, the “conceptual difficulty of pinpointing” when a constitutional violation occurs — when the Government employs compulsion, or when the compelled statement is actually admitted at trial — was unimportant. Chavez v. Martinez forced …


Crimmigration: The Missing Piece Of Criminal Justice Reform, Yolanda Vazquez 2017 University of Cincinnati College of Law

Crimmigration: The Missing Piece Of Criminal Justice Reform, Yolanda Vazquez

University of Richmond Law Review

This article discusses the impact that the incorporation of migration enforcement has had on the criminal justice system and the way in which it has exacerbated pre-existing problems within it. Part I discusses the drastic expansion of the criminal justice system over the last forty years and the fiscal and moral costs it has had. Part II discusses how crimmigration has impacted the criminal justice system, its laws, policies, and practices during the last thirty years. Part III discusses the rise of the Smart on Crime movement and the goals of the criminal justice reform efforts to combat its detrimental …


Remarks On Campus Sexual Assault, Alison M. Tinsey 2017 University of Richmond School of Law

Remarks On Campus Sexual Assault, Alison M. Tinsey

University of Richmond Law Review

No abstract provided.


Virginia Executioner To Wear A Cloak: Diversion From The Real Controversy, Paul G. Gill 2017 Assistant Federal Public Defendender, Richmond, Virginia

Virginia Executioner To Wear A Cloak: Diversion From The Real Controversy, Paul G. Gill

University of Richmond Law Review

No abstract provided.


Dream Variations: Fictional Views Of The School To Prison Pipeline, Kierstin R. C. Anderson 2017 California State University, Monterey Bay

Dream Variations: Fictional Views Of The School To Prison Pipeline, Kierstin R. C. Anderson

Capstone Projects and Master's Theses

These two works of fiction will tell the story of the school to prison pipeline taken from the black and white of statistics and numbers into the colors of the individual; their thoughts, feelings, and motivations. Dream Variations is the telling of one instance in the lives of different people, both the Black American youth who go through it and the lawyers who see their cases.


Book Review: The Betrayal: The Nuremberg Trials And German Divergence, Anton Weiss-Wendt 2017 The Norwegian Holocaust Center, Oslo

Book Review: The Betrayal: The Nuremberg Trials And German Divergence, Anton Weiss-Wendt

Genocide Studies and Prevention: An International Journal

No abstract provided.


Riding The Wave Or Drowning?: An Analysis Of Gender Bias And Twombly/Iqbal In Title Ix Accused Student Lawsuits, Bethany A. Corbin 2017 Wake Forest University School of Law

Riding The Wave Or Drowning?: An Analysis Of Gender Bias And Twombly/Iqbal In Title Ix Accused Student Lawsuits, Bethany A. Corbin

Fordham Law Review

This Article offers the first empirical analysis of dismissal trends in reverse Title IX cases and highlights that most courts erroneously dismiss these lawsuits at the 12(b)(6) stage. Through a misinterpretation of plausibility pleading, these courts hold that accused perpetrators have not shown causal evidence of discrimination at the outset of the lawsuit. This prodismissal approach, however, violates Swierkiewicz v. Sorema N.A.’s proclamation complaint. This Article proposes a more flexible causal pleading scheme that satisfies Twombly, Iqbal, and Swierkiewicz and ensures accused perpetrators receive their day in court. Alternatively, this Article argues for limited predismissal discovery in …


Thinking Outside The Box: Reforming Commercial Discrimination Doctrine To Combat The Negative Consequences Of Ban-The-Box Legislation, Nina Kucharczyk 2017 Fordham University School of Law

Thinking Outside The Box: Reforming Commercial Discrimination Doctrine To Combat The Negative Consequences Of Ban-The-Box Legislation, Nina Kucharczyk

Fordham Law Review

This Note suggests a new approach to address the unintended consequences of ban-the-box legislation. The solution to combat unconscious discrimination during the hiring process is not to eliminate ban- the-box laws entirely; instead, lawmakers must modernize and strengthen Commercial discrimination doctrine to empower racial minorities who suspect discrimination and to ensure employers are critically analyzing their hiring processes.


Jail Isolation After Kingsley: Abolishing Solitary Confinement At The Intersection Of Pretrial Incarceration And Emerging Adulthood, Deema Nagib 2017 Fordham University School of Law

Jail Isolation After Kingsley: Abolishing Solitary Confinement At The Intersection Of Pretrial Incarceration And Emerging Adulthood, Deema Nagib

Fordham Law Review

In 2015, the U.S. Supreme Court held that allegations of excessive use of force in pretrial detention are subject to an objective standard. However, it is unclear whether the objective standard extends to claims arising out of different factual circumstances. The Second Circuit’s recent decision in Darnell v. Pineiro to extend Kingsley v. Hendrickson to conditions-of- confinement cases provides hope. This Note argues that Kingsley should extend to solitary confinement litigation—particularly the isolation of emerging adults in pretrial detention. Solitary confinement is a widespread practice in the criminal justice system, but the implications of its use in pretrial detention have …


"Plausible Cause": Explanatory Standards In The Age Of Powerful Machines, Kiel Brennan-Marquez 2017 Vanderbilt University Law School

"Plausible Cause": Explanatory Standards In The Age Of Powerful Machines, Kiel Brennan-Marquez

Vanderbilt Law Review

Much scholarship in law and political science has long understood the U.S. Supreme Court to be the "apex" court in the federal judicial system, and so to relate hierarchically to "lower" federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent scholars, the Court is the principal, and lower federal courts are its faithful agents. Other scholarship takes a bottom-up approach, viewing lower federal courts as faithless agents or analyzing the "percolation" of issues in those courts before the Court decides. This Article identifies circumstances in which the relationship between the Court and other …


المسئولية الجزائية للأحداث الجانحين والمشردين, محمد فهد عبد العزيز الحكمي 2017 United Arab Emirates University

المسئولية الجزائية للأحداث الجانحين والمشردين, محمد فهد عبد العزيز الحكمي

Theses

States are renowned for paying great attention when dealing with children and taking into consideration the age and the occasion under which the occurrence of the crime with the reason being in relation to the consideration with the implementation of in treatment as an alternative to punishment. As per the law of Act 9 of Juvenile Delinquents and Vagrants for the year 1976, whereby the specific age of and when criminal responsibility or eliminations attached are in accordance with and comparative to UAE legislation. Developments in legislation in relation to the criminal responsibility for delinquent children. Disciplined measures that lay …


Proportionality Skepticism In A Red State, Lauren Sudeall 2017 Vanderbilt University Law School

Proportionality Skepticism In A Red State, Lauren Sudeall

Vanderbilt Law School Faculty Publications

As someone who lives in a red state and has practiced capital defense in Georgia and Alabama, my view for some time has been that the death penalty is not going anywhere any time soon. And while the dominant message from legal experts and commentators in recent years has been that the death penalty is on the decline,' the results of this past election might suggest otherwise. The three referenda regarding capital punishment on the 2016 ballot - in California, Nebraska, and Oklahoma - were all resolved in favor of the death penalty. These votes could be taken to signal …


Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina 2017 Medina Law, PLLC

Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma 2017 Thomas J. Henry

The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Drugs Law And Legal Practice In Southeast Asia: Indonesia, Singapore, And Vietnam, Maskun Maskun 2017 Faculty of Law, Universitas Hasanuddin, Indonesia

Drugs Law And Legal Practice In Southeast Asia: Indonesia, Singapore, And Vietnam, Maskun Maskun

Indonesia Law Review

Drugs Law and Legal Practice in Southeast Asia investigates criminal law and practice relevant to drugs regulation in three Southeast Asian jurisdictions: Indonesia, Singapore and Vietnam. These jurisdictions represent the spectrum of approaches to drugs regulation in Southeast Asia, highlighting differences in practice between civil and common law countries, and between liberal and authoritarian states.


Air Traffic Control: How Mexican Cartels Are Utilizing Drones To Traffic Narcotics Into The United States, Britton Shields 2017 Penn State Dickinson Law

Air Traffic Control: How Mexican Cartels Are Utilizing Drones To Traffic Narcotics Into The United States, Britton Shields

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Maintaining Individual Liability In Aml And Cybersecurity At New York's Financial Institutions, Harry Dixon 2017 Penn State Dickinson Law

Maintaining Individual Liability In Aml And Cybersecurity At New York's Financial Institutions, Harry Dixon

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


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