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Make Them Hear You: Participatory Defense And The Struggle For Criminal Justice Reform, Janet Moore, Marla Sandys, Raj Jayadev 2015 University of Cincinnati College of Law

Make Them Hear You: Participatory Defense And The Struggle For Criminal Justice Reform, Janet Moore, Marla Sandys, Raj Jayadev

Faculty Articles and Other Publications

This Article introduces participatory defense as a powerful new model for improving public defense and challenging mass incarceration. This grassroots movement empowers the key stakeholders — people who face criminal charges, their families, and their communities — to become change agents who force greater transparency, accountability, and fairness from criminal justice systems. After introducing the model’s core principles and goals, the Article offers innovative analyses from doctrinal, theoretical and empirical perspectives. First, the Article connects participatory defense with the crisis-ridden history of the constitutional right to counsel, including that doctrine’s roots in the Due Process right to be heard. Second, …


The War Against Crime: Ferguson, Police Militarization And The Third Amendment, Elizabeth Price Foley 2015 Florida International University College of Law

The War Against Crime: Ferguson, Police Militarization And The Third Amendment, Elizabeth Price Foley

Faculty Publications

The shooting death of eighteen-year-old Michael Brown by Ferguson, Missouri police officer Darren Wilson has sparked a renewed national conversation about the militarization of police. While Officer Wilson’s deadly encounter with Brown did not involve militarized force, subsequent protests, looting, and riots have triggered the display and use of armored vehicles, M4 assault rifles, Humvees, Kevlar vests, grenades, camouflage, and other military-style equipment by state and local police. U.S. Attorney General Eric Holder criticized the police response, asserting, “At a time when we must seek to rebuild trust between law enforcement and the local community, I am deeply concerned that …


Rights For Child Victims Of Prostitution: A Significant Step In The Right Direction Under The Florida Safe Harbor Act, Banesa Arenciba 2015 Loyola University Chicago, School of Law

Rights For Child Victims Of Prostitution: A Significant Step In The Right Direction Under The Florida Safe Harbor Act, Banesa Arenciba

Children's Legal Rights Journal

No abstract provided.


Balancing A Child’S Right To Be Heard With Protective Measures Undertaken In “The Best Interests Of The Child”: Does The International Criminal Court Get It Right?, Nalia S. Awan 2015 Loyola University Chicago, School of Law

Balancing A Child’S Right To Be Heard With Protective Measures Undertaken In “The Best Interests Of The Child”: Does The International Criminal Court Get It Right?, Nalia S. Awan

Children's Legal Rights Journal

No abstract provided.


Are Juvenile Gang Members Victims Of Labor Trafficking?, Christina M. Rizen 2015 Loyola University Chicago, School of Law

Are Juvenile Gang Members Victims Of Labor Trafficking?, Christina M. Rizen

Children's Legal Rights Journal

No abstract provided.


Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, Warren Binford, Janna Giesbrecht-McKee, Joshua L. Savey, Rachel Schwartz-Gilbert 2015 Willamette University

Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, Warren Binford, Janna Giesbrecht-Mckee, Joshua L. Savey, Rachel Schwartz-Gilbert

Children's Legal Rights Journal

No abstract provided.


Spotlight On: Chicago Resources Aimed At The Intervention Of Youth Gang Activity And Alternatives To Juvenile Delinquency, Thomas Goodwyn 2015 Loyola University Chicago, School of Law

Spotlight On: Chicago Resources Aimed At The Intervention Of Youth Gang Activity And Alternatives To Juvenile Delinquency, Thomas Goodwyn

Children's Legal Rights Journal

No abstract provided.


Around The World: Protecting Victims Of Child Pornography In Japan, Lauren Schroeder 2015 Loyola University Chicago, School of Law

Around The World: Protecting Victims Of Child Pornography In Japan, Lauren Schroeder

Children's Legal Rights Journal

No abstract provided.


Sentencing And The Salience Of Pain And Hope, Benjamin Berger 2015 Osgoode Hall Law School of York University

Sentencing And The Salience Of Pain And Hope, Benjamin Berger

Osgoode Legal Studies Research Paper Series

What would a jurisprudence of sentencing that was induced from the experience of punishment, rather than deduced from the technocracy of criminal justice, look like? Rather than focusing narrowly on the question of quantum, such a jurisprudence would be concerned with the character and quality of punishment. A fit sentence would account for pain, loss, estrangement, alienation, and other features of the offender’s aggregate experience of suffering at the hands of the state in response to his or her wrongdoing. This would be a broader, more resolutely political conception of criminal punishment. This article shows that the jurisprudence of the …


Public Lawyers And Marijuana Regulation, Sam Kamin, Eli Wald 2015 University of Denver

Public Lawyers And Marijuana Regulation, Sam Kamin, Eli Wald

Sturm College of Law: Faculty Scholarship

Although 23 states and the District of Columbia have now legalized marijuana for medical purposes, marijuana remains a prohibited substance under federal law. Because the production, sale, possession and use of marijuana remain illegal, there is a risk of prosecution under federal laws. Furthermore, those who help marijuana users and providers put themselves at risk — federal law punishes not only those who violate drug laws but also those who assist or conspire with them to do so. In the case of lawyers representing marijuana users and businesspeople, this means not only the real (though remote) risk of criminal prosecution …


Three Dichotomies In Lawyers’ Ethics (With Particular Attention To The Corporation As Client), Stephen Pepper 2015 University of Denver

Three Dichotomies In Lawyers’ Ethics (With Particular Attention To The Corporation As Client), Stephen Pepper

Sturm College of Law: Faculty Scholarship

Three usually unexpressed, and too often unnoticed, conceptual dichotomies underlie our perception and understanding of lawyers’ ethics. First, the existence of a special body of professional ethics and professional regulation presupposes some special need or risk. Criminal and civil law are apparently insufficient. Ordinary day-to-day morality and ordinary ethics, likewise, are not considered to be enough. What is the risk entailed by the notion of a profession that is special; who needs protection, and from what? Two quite different possible answers to this question provide the first of the three dichotomies examined in this article: one can understand the risk …


The Life Of Crimmigration Law, César Cuauhtémoc García Hernández 2015 University of Denver Sturm College of Law

The Life Of Crimmigration Law, César Cuauhtémoc García Hernández

Sturm College of Law: Faculty Scholarship

This short essay introduces a collection of articles that arose from the Denver University Law Review’s symposium Crimmigration: Crossing the Border Between Criminal Law and Immigration Law, held in February 2015 at the University ofDenver Sturm College of Law. The essay borrows heavily from the Epilogue to my book Crimmigration Law.


Stepping Beyond Nuremberg’S Halo: The Legacy Of The Supreme National Tribunal Of Poland, Mark A. Drumbl 2015 Washington and Lee University School of Law

Stepping Beyond Nuremberg’S Halo: The Legacy Of The Supreme National Tribunal Of Poland, Mark A. Drumbl

Scholarly Articles

The Supreme National Tribunal of Poland (Najwyzszy Trybunal Narodowy (Tribunal)) operated from 1946 to 1948. It implemented the 1943 Moscow Declaration in the case of suspected Nazi war criminals. This article unpacks two of the Tribunal’s trials, that of Rudolph Hoess (Kommandant of Auschwitz (Oswiecim) and Amon Goeth (commander of the Krakow-Plaszow labour camp). Following an introduction, the article proceeds in four sections. Section 2 sets out the Tribunal’s provenance and background, offering a flavour of the politics and pressures that contoured (and co-opted) its activities so as to recover its place within the imagined spaces of international criminal accountability. …


Domestic Violence And The Confrontation Clause: The Case For A Prompt Post-Arrest Confrontation Hearing, Robert M. Hardaway 2015 University of Denver

Domestic Violence And The Confrontation Clause: The Case For A Prompt Post-Arrest Confrontation Hearing, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

Part I and Part II of this article discuss the consequences of Crawford v. Washington for domestic violence victims and detail the problem of domestic violence in America, including the current prosecution strategies and challenges in domestic violence cases. Part III reviews the evolution of confrontation law jurisprudence. Part IV sets forth a proposed Crawford-compliant procedure that also protects domestic violence victims. Part V addresses anticipated objections to the prompt-post arrest confrontation hearing.


Panel On Problematizing Assumptions About Gender Violence (Transcript), Rashmi Goel, Tamara Love, Elizabeth MacDowell, Adele Morrison 2015 University of Denver

Panel On Problematizing Assumptions About Gender Violence (Transcript), Rashmi Goel, Tamara Love, Elizabeth Macdowell, Adele Morrison

Sturm College of Law: Faculty Scholarship

Transcript of a Panel session at the CONVERGE! Conference on problematizing assumptions about gender violence.


Remember Not To Forget Furman: A Response To Professor Smith, Sam Kamin, Justin F. Marceau 2015 University of Denver

Remember Not To Forget Furman: A Response To Professor Smith, Sam Kamin, Justin F. Marceau

Sturm College of Law: Faculty Scholarship

Professor Robert J. Smith encourages readers, lawyers, and courts to forget Furman v. Georgia and to focus instead on death penalty challenges grounded in the diminished culpability of nearly all capital defendants. We applaud Professor Smith’s call to focus on the mental and emotional characteristics that reduce the blameworthiness of so many of those charged with capital crimes; recognizing diminished culpability as the rule rather than the exception among capital defendants conveys a reality that rarely finds its way into reported cases. We are troubled, however, by Professor Smith’s call to “forget Furman.” We believe the title and the …


The Battle Of The Bulge: The Surprising Last Stand Against State Marijuana Legalization, Sam Kamin 2015 University of Denver

The Battle Of The Bulge: The Surprising Last Stand Against State Marijuana Legalization, Sam Kamin

Sturm College of Law: Faculty Scholarship

Although marijuana possession remains a federal crime, twenty-three states now allow use of marijuana for medical purposes and four states have adopted tax-and-regulate policies permitting use and possession by those twenty-one and over. In this article, I examine recent developments regarding marijuana regulation. I show that the Obama administration, after initially sending mixed signals, has taken several steps indicating an increasingly accepting position toward marijuana law reform in states; however the current situation regarding the dual legal status of marijuana is at best an unstable equilibrium. I also focus on what might be deemed the last stand of marijuana-legalization opponents, …


"A Perfect Storm": Minnesota's Sex Offender Program—More Than Twenty Years Without Successful Reintegration, Lucy Massopust, Raina Borrelli 2015 Mitchell Hamline School of Law

"A Perfect Storm": Minnesota's Sex Offender Program—More Than Twenty Years Without Successful Reintegration, Lucy Massopust, Raina Borrelli

William Mitchell Law Review

No abstract provided.


Keeping Princess Peach Locked In Her Castle: Criminal Liability For Trafficking Circumvention Technology—United States V. Reichert, Jacob M. Abdo 2015 Mitchell Hamline School of Law

Keeping Princess Peach Locked In Her Castle: Criminal Liability For Trafficking Circumvention Technology—United States V. Reichert, Jacob M. Abdo

William Mitchell Law Review

No abstract provided.


A Study Of The Efficacy Of The Sexually Violent Predator Act In Florida, Daniel Montaldi 2015 Mitchell Hamline School of Law

A Study Of The Efficacy Of The Sexually Violent Predator Act In Florida, Daniel Montaldi

William Mitchell Law Review

No abstract provided.


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