Time, Death, And Retribution,
2016
Saint Louis University School of Law
Time, Death, And Retribution, Chad Flanders
All Faculty Scholarship
The heart of a Lackey claim is that when a death row inmate is kept waiting too long for his execution, this delay can amount to cruel and unusual punishment — either because they delay is itself cruel and unusual, or because the execution on top of the delay is. All Lackey claims brought by death row inmates have failed, but not for want of trying. The usual complaint against Lackey claims is that those who, by their own appeals, delay their execution date cannot turn around and use that delay as an argument against their death sentences. I agree …
Fallacies In The Current Methods Of Prosecuting International Commercial Bribery,
2016
Benjamin N. Cardozo School of Law
Fallacies In The Current Methods Of Prosecuting International Commercial Bribery, Ira Handa
Cardozo Law Review
The note argues that the current legal framework for prosecuting international commercial bribery is inadequate and inconsistent compared to the robust regime established for international public bribery under the Foreign Corrupt Practices Act (FCPA). It advocates for comprehensive federal legislation specifically addressing international commercial bribery, modeled after the FCPA but tailored to the private sector, to bridge this gap and address the significant harms caused by such bribery.
The Insular Citizens: America's Lost Electorate V. Stare Decisis,
2016
Benjamin N. Cardozo School of Law
The Insular Citizens: America's Lost Electorate V. Stare Decisis, Nathan Muchnick
Cardozo Law Review
The note examines the historical and ongoing implications of the Insular Cases, which established a form of colonial governance over U.S. territories like Puerto Rico, denying residents full citizenship rights. It argues that these cases, rooted in outdated political and racial biases, contradict modern democratic principles and urges the Supreme Court to overturn this precedent to enfranchise Puerto Rican citizens.
Florida State University
Recent Developments; Immigration And Naturalization -- Effect Of State Conviction Of Minor Drug Offense By Youthful Offenders -- Availability Of Relief From Mandatory Deportation Based On State Certificate Of Relief From Disabilities Granted As A Result Of The Conviction (Rehman V. Immigration And Naturalization Service, 2d Cir 1976), Donna R. Christie
Georgia Journal of International & Comparative Law
No abstract provided.
Mayo V. Eigh. Jud, Dist. Ct., 123 Nev. Adv. Op. 79 (Nov. 23, 2016),
2016
Nevada Law Journal
Mayo V. Eigh. Jud, Dist. Ct., 123 Nev. Adv. Op. 79 (Nov. 23, 2016), Alex Velto
Nevada Supreme Court Summaries
The Court found that the district court did not err when it found no violation of NRS 172.145(2). The Court interpreted NRS 172.145(2), which creates a duty on district attorneys to submit evidence to a grand jury if they are “aware” it will “explain away the charge.” The Court determined that a district attorney must be “aware” evidence has exculpatory value before there is a duty to present the evidence to a grand jury. The district attorney is not obligated to present exculpatory evidence it possesses but does not recognize as exculpatory. In the case at issue, because the district …
Johnson V. Kelley,
2016
Fordham Law School
Brief Of Appellant, Mark Andrew Matthews V. State Of Maryland, No. 327,
2016
University of Maryland Francis King Carey School of Law
Brief Of Appellant, Mark Andrew Matthews V. State Of Maryland, No. 327, Paul Dewolfe, Renée M. Hutchins, Jesse M. Lachman
Court Briefs
No abstract provided.
The School-To-Prison Pipeline: How Roles Of School-Based Law Enforcement Officers May Impact Disciplinary Actions,
2016
Texas State University, Texas School Safety Center
The School-To-Prison Pipeline: How Roles Of School-Based Law Enforcement Officers May Impact Disciplinary Actions, Kathy Martinez-Prather, Joseph M. Mckenna, Scott W. Bowman
Qualitative Criminology (QC)
"The presence of law enforcement officers in schools has generated an overwhelming amount of concern among educators, parents, researchers, and policy-makers. It is believed their mere presence in schools is associated with the school-to-prison pipeline (STPP), which suggests that the use of police criminalizes minor student behavior and pushes them into the juvenile and criminal justice systems. However, it remains unclear as to what impact law enforcement officers truly have on this phenomenon. The purpose of this study is to examine the impact of law enforcement officers on the STPP in relation to the roles they are assigned. We argue …
The Emergence Of Contemporary Bestiality Law: Applying The Integrative Conflict Model To The Enumclaw Case,
2016
Arkansas Tech University
The Emergence Of Contemporary Bestiality Law: Applying The Integrative Conflict Model To The Enumclaw Case, Jason S. Ulsperger, Kristen L. Ulsperger, Cole Smith
Qualitative Criminology (QC)
"This article examines the social construction of bestiality law in the United States using the Integrative Conflict Model of law formation. With qualitative findings from a media content study including newspaper articles, a documentary transcript, and a variety of online data sources, it explores the dynamics behind the formation of bestiality law in the state of Washington. The research specifically uses the circumstances surrounding the death of Kenneth Pinyan, and the subsequent Enumclaw horse sex scandal that took place in the summer of 2005, to support the idea that bestiality law can emerge due to specific factors: structural foundations, perceptions …
Lois Presser And Sveinung Sandberg (Eds), Narrative Criminology: Understanding Stories Of Crime,
2016
Kansas State University
Lois Presser And Sveinung Sandberg (Eds), Narrative Criminology: Understanding Stories Of Crime, Adam Veitch
Qualitative Criminology (QC)
"Over the last two decades there has been an epistemological push in the social sciences to bring narrative into the methodological fold. Narrative social science is steeped in theories of humans as story tellers. The foreword to Narrative Criminology argues that this theoretical line of thought originates in Jean-Paul Sartre’s belief that people are fundamentally storytelling creatures, or “homo narrativus.” The guiding thought here is that stories are central to understanding how and why we act in society. We are all storytellers, and we enjoy sharing tales with an audience. Furthermore, the way that we construct stories of our social …
Fugitive Safe Surrender: A Qualitative
Analysis Of Participants’ Reasons For Surrender And Anticipated Outcomes To Inform Program Evaluation,
2016
ICF, Atlanta GA
Fugitive Safe Surrender: A Qualitative Analysis Of Participants’ Reasons For Surrender And Anticipated Outcomes To Inform Program Evaluation, Joseph D. Galanek, Janelle Duda, Daniel J. Flannery, Jeff Kretschmar, Frederick Butcher
Qualitative Criminology (QC)
"The Fugitive Safe Surrender (FSS) program is a means for individuals with outstanding warrants to turn themselves in at a non-law-enforcement setting. Challenges remain in evaluating FSS program outcomes. Based on n = 211 participants’ demographic data and qualitative, open-ended written responses collected during an FSS event in a mid-sized Midwestern city, we analyze participants’ reasons for surrendering and anticipated outcomes of surrendering. Utilizing inductive thematic analysis of participants’ responses, we identify individual-level program outcomes that can be used for evaluating FSS. We additionally identify the intersection of codes amongst participant responses to demonstrate the inter-connectedness of FSS participants’ reasons …
Framing Legitimacy: A Qualitative Analysis Examining Local Print-Media Portrayals Of An Immigrant Family Detention Center In Texas,
2016
Sam Houston State University Department of Criminal Justice and
Criminology
Framing Legitimacy: A Qualitative Analysis Examining Local Print-Media Portrayals Of An Immigrant Family Detention Center In Texas, Layne Dittmann, Jurg Gerber
Qualitative Criminology (QC)
"Research suggests that media portrayals can impact the opinions of adults (Dizard, 2000). However, media reports on aspects of our criminal justice system, such as corrections, are an understudied topic (Marsh, 1989), especially regarding the use of private prisons. The current study examines a sample of 12 local Texas newspapers that reported on the T. Don Hutto Facility in Taylor, Texas, between January 1, 2000, and December 31, 2013. This facility was once a state prison for males and local jail inmates before being converted into an undocumented immigrant family detention facility and later into a detention center for undocumented …
“Explaining Similarities And Variations In Program Structures And Professional Roles In Midwestern Mental Health Courts” By Monte D. Staton And Arthur J. Lurigio,
2016
Department of Criminal Justice and Criminology, Ball State University
“Explaining Similarities And Variations In Program Structures And Professional Roles In Midwestern Mental Health Courts” By Monte D. Staton And Arthur J. Lurigio, Monte D. Staton, Arthur J. Lurigio
Qualitative Criminology (QC)
"For nearly twenty years, legal and mental health professionals have created mental health courts (MHCs) for responding to the increasing numbers of criminally involved people with severe mental illnesses (PSMI) who are entering the criminal justice system. This article presents findings from qualitative analysis of survey and ethnographic data collected at nine MHCs established in a Midwestern state between 2004 and 2008, exploring how professionals who operated the MHCs organized the programs and conducted roles at the work sites. Findings revealed that professionals established very similar models of mental health court organization at each of the nine sites. The data …
Andrea S. Boyles, Race, Place, And Suburban Policing: Too Close For Comfort,
2016
Indiana State University
Andrea S. Boyles, Race, Place, And Suburban Policing: Too Close For Comfort, Brian P. Schaefer
Qualitative Criminology (QC)
"The struggles of African Americans with police in urban environments are well documented in criminological and sociological research. Andrea Boyles in Race, Place, and Suburban Policing offers new perspectives by introducing readers to the relationship between African Americans and the police in Meacham Park, a suburban enclave of affluent Kirkwood, Missouri. The focus on suburbia depicts how race and place shapes interactions and sheds doubt that African Americans can escape the harms associated with living in low-income urban environments by relocating to the suburbs. Boyles spent two years conducting fieldwork and interviewed over thirty adults at length. Her findings provide …
Susan J. Terrio, Whose Child Am I? Unaccompanied, Undocumented Children In U.S. Immigration Custody,
2016
New Mexico State
University
Susan J. Terrio, Whose Child Am I? Unaccompanied, Undocumented Children In U.S. Immigration Custody, Francisco J. Alatorre
Qualitative Criminology (QC)
"Whose Child Am I? is by Susan Terrio, Professor of Anthropology at Georgetown and author of two other books about issues of juvenile delinquency. Focusing on the wretched and dangerous experiences of Latino youth desperately traveling to and reaching El Norte, and then experiencing detention and incarceration, Terrio interrogates the American dream and American ideals of inclusion, as both are seriously abused in this international transborder tragedy. Terrio conducts her inquiry into how undocumented children are sent north, how they survive, and what happens to them by relating the process chronologically. She describes the children finding their way “home” …
Protecting The Imperfect Victim: Expanding “Safe Harbors” To Adult Victims Of Sex Trafficking,
2016
William & Mary Law School
Protecting The Imperfect Victim: Expanding “Safe Harbors” To Adult Victims Of Sex Trafficking, Christine Anchan
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Voting To End Vulnerability: Understanding The Recent Proliferation Of State-Level Child Sex Trafficking Legislation,
2016
William & Mary Law School
Voting To End Vulnerability: Understanding The Recent Proliferation Of State-Level Child Sex Trafficking Legislation, Kate Price, Keith Gunnar Bentele
William & Mary Journal of Race, Gender, and Social Justice
This Article first focuses on the history of CSEC (commercially sexually exploited children) legislation in the United States by contextualizing the history of state anti-trafficking laws within the larger anti-trafficking policy framework of federal U.S. statutes and United Nations’ (U.N.) protocols. The second and third sections address the variables, statistical model, and results of our data analysis. The fourth section discusses the implications of these findings. The Article concludes with practical considerations for future CSEC legislative efforts on the state level.
License To Abuse: Confronting Coach-Inflicted Sexual Assault In American Olympic Sports,
2016
William & Mary Law School
License To Abuse: Confronting Coach-Inflicted Sexual Assault In American Olympic Sports, Haley O. Morton
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
White Slavery In The Northwoods: Early U.S. Anti–Sex Trafficking And Its Continuing Relevance To Trafficking Reform,
2016
William & Mary Law School
White Slavery In The Northwoods: Early U.S. Anti–Sex Trafficking And Its Continuing Relevance To Trafficking Reform, Bonnie Shucha
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Introduction,
2016
William & Mary Law School
Introduction, Kate Price
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
