Asymmetry As Fairness: Reversing A Peremptory Trend,
2015
Brooklyn Law School
Asymmetry As Fairness: Reversing A Peremptory Trend, Anna Roberts
Faculty Scholarship
No abstract provided.
Around The Nation,
2015
American University Washington College of Law
Aba Collateral Consequences Summit: A Focused Dialogue For Improvement,
2015
Minnesota Law School
Aba Collateral Consequences Summit: A Focused Dialogue For Improvement, Kelly Lyn Mitchell
Criminal Law Practitioner
No abstract provided.
But What Can We Do? How Juvenile Defenders Can Disrupt The Schoolto-Prison Pipeline,
2015
Gonzaga University School of Law
But What Can We Do? How Juvenile Defenders Can Disrupt The Schoolto-Prison Pipeline, Jonathon Arellano-Jackson
Seattle Journal for Social Justice
No abstract provided.
Wrongful Convictions And Upstream Reform In The Criminal Justice System,
2015
Mitchell Hamline School of Law
Wrongful Convictions And Upstream Reform In The Criminal Justice System, Kate Kruse
Faculty Scholarship
This Article explores the viability of upstream criminal justice reforms within the context of an adversary and procedural system of criminal justice, focusing on reforms in eyewitness identification procedures. Mistaken eyewitness identification evidence is often cited as the leading cause of wrongful convictions in the United States. Eyewitness identification reforms have also been the most developed upstream efforts to grow out of the innocence movement. The success and limitation of upstream reform in eyewitness identification shed light on the efficacy of upstream criminal justice system reform more generally, as well as in areas that are less developed, such as the …
Notice(Ing) Ex-Offenders: A Case Study Of The Manifest Injustice Of Passively Violating A "Felon-In-Possession" Statute,
2015
University of Missouri - Columbia
Notice(Ing) Ex-Offenders: A Case Study Of The Manifest Injustice Of Passively Violating A "Felon-In-Possession" Statute, S. David Mitchell
Faculty Publications
Changing a law and criminalizing formerly legal conduct without providing notice of the change and without providing a reasonable period of time for the offending individual to comply with the change not only violates due process but is also manifestly unjust, especially given the scope and breadth of the collateral consequences that attach upon a felony conviction, such as the loss of the right to vote, to serve on a jury, or to receive certain benefits. With the far-reaching impact of a felony conviction on all areas of an individual's life, the maxim that "ignorance of the law excuses no …
Revisited 2015: Protection Of U.S. Trade Secret Assets: Critical Amendments To The Economic Espionage Act Of 1996, 14 J. Marshall Rev. Intell. Prop. L. 476 (2015),
2015
UIC School of Law
Revisited 2015: Protection Of U.S. Trade Secret Assets: Critical Amendments To The Economic Espionage Act Of 1996, 14 J. Marshall Rev. Intell. Prop. L. 476 (2015), R. Mark Halligan
UIC Review of Intellectual Property Law
In order to protect the national and economic interests of the United States, the Economic Espionage Act was enacted in 1996. Although intended to prevent and deter trade secret theft, the EEA is limited to criminal prosecutions. Critical amendments to the EEA are required to create a civil cause of action in the new information-based economy and the international marketplace. In 2008, the author recommended two critical amendments to the Economic Espionage Act that have been vetted and have been the subject of legislative proposals for the past 7 years. The author now revisits developments since 2008 and underscores the …
Unspringing The Witness Memory And Demeanor Trap: What Every Judge And Juror Needs To Know About Cognitive Psychology And Witness Credibility,
2015
United States District Court Northern District of Iowa
Unspringing The Witness Memory And Demeanor Trap: What Every Judge And Juror Needs To Know About Cognitive Psychology And Witness Credibility, Mark W. Bennett
American University Law Review
The soul of America's civil and criminal justice systems is the ability of jurors and judges to accurately determine the facts of a dispute. This invariably implicates the credibility of witnesses. In making credibility determinations, jurors and judges necessarily decide the accuracy of witnesses' memories and the effect of the witnesses' demeanor on their credibility. Almost all jurisdictions' pattern jury instructions about witness credibility explain nothing about how a witness's memories for events and conversations work-and how startlingly fallible memories actually are. They simply instruct the jurors to consider the witness's "memory" with no additional guidance. Similarly, the same pattern …
Kids, Leave The Guns At Home: Why Maryland's 'Good And Substantial Reason' Requirement Comports With Constitutional Aims In The Post-Heller Era,
2015
World Bank
Kids, Leave The Guns At Home: Why Maryland's 'Good And Substantial Reason' Requirement Comports With Constitutional Aims In The Post-Heller Era, Julia Johnson
Criminal Law Practitioner
No abstract provided.
A Sober Approach To Drugged Driving: Oklahoma’S Hb 1441 And The Role Of Courts,
2015
University of Oklahoma College of Law
A Sober Approach To Drugged Driving: Oklahoma’S Hb 1441 And The Role Of Courts, Blake Johnson
Oklahoma Law Review
No abstract provided.
Let's Reinvent The Wheel: The Internet As A Means Of Interstate Commerce In United States V. Kieffer,
2015
University of Oklahoma College of Law
Let's Reinvent The Wheel: The Internet As A Means Of Interstate Commerce In United States V. Kieffer, Valeria G. Luster
Oklahoma Law Review
No abstract provided.
Letting One Fly Over The Cuckoo's Nest: Why Automatic Reversal Is The Only Effective Remedy For Denial Of Counsel At A Mental Competency Hearing,
2015
University of Oklahoma College of Law
Letting One Fly Over The Cuckoo's Nest: Why Automatic Reversal Is The Only Effective Remedy For Denial Of Counsel At A Mental Competency Hearing, Jenny Fehring
Oklahoma Law Review
No abstract provided.
Calling A Spade A Spade: Understanding Sex Offender Registration As Punishment And Implications Post-Starkey,
2015
University of Oklahoma College of Law
Calling A Spade A Spade: Understanding Sex Offender Registration As Punishment And Implications Post-Starkey, Alex Duncan
Oklahoma Law Review
No abstract provided.
Msop: A Minnesota State Senator's Perspective,
2015
Mitchell Hamline School of Law
Msop: A Minnesota State Senator's Perspective, Kathy Sheran
William Mitchell Law Review
No abstract provided.
Msop: A County Attorney's Perspective,
2015
Mitchell Hamline School of Law
Msop: A County Attorney's Perspective, Mark A. Ostrem
William Mitchell Law Review
No abstract provided.
Prevention Is Possible: Aligning Priorities To End Sexual Violence,
2015
Mitchell Hamline School of Law
Prevention Is Possible: Aligning Priorities To End Sexual Violence, Donna Dunn
William Mitchell Law Review
No abstract provided.
Ramsey County Mental Health Court: Working With Community Partners To Improve The Lives Of Mentally Ill Defendants, Reduce Recidivism, And Enhance Public Safety,
2015
Mitchell Hamline School of Law
Ramsey County Mental Health Court: Working With Community Partners To Improve The Lives Of Mentally Ill Defendants, Reduce Recidivism, And Enhance Public Safety, John H. Guthmann
William Mitchell Law Review
No abstract provided.
Protecting Victims Of Domestic Abuse From An Overly Rigid Interpretation Of The Implied Consent Law—Axelberg V. Commissioner Of Public Safety,
2015
Mitchell Hamline School of Law
Protecting Victims Of Domestic Abuse From An Overly Rigid Interpretation Of The Implied Consent Law—Axelberg V. Commissioner Of Public Safety, Allira Sharma
William Mitchell Law Review
No abstract provided.
Criminal Law: No Looking Back: Narrowing The Scope Of The Retroactivity Doctrine For Juveniles Sentenced To Life Without Release—Roman Nose V. State,
2015
Mitchell Hamline School of Law
Criminal Law: No Looking Back: Narrowing The Scope Of The Retroactivity Doctrine For Juveniles Sentenced To Life Without Release—Roman Nose V. State, Alex Mazurek
William Mitchell Law Review
No abstract provided.
Throw Away The Jail Or Throw Away The Key? The Effect Of Punishment On Recidivism And Social Cost,
2015
University of Connecticut
Throw Away The Jail Or Throw Away The Key? The Effect Of Punishment On Recidivism And Social Cost, Miguel De Figueiredo
Faculty Articles and Papers
"We jail too many people and it costs too much. Incarceration is not only expensive, it also is prone to ""hardening"" and negative peer learning effectshat may increase recidivism. With local, state, and federal budgets at a breaking point, politicians and regulators are increasingly considering alternative approaches to preventing crime. Yet, they face a problem. Studies show that incapacitation is a successful way of reducing crime, yet most scholars and policymakers think that the only way to incapacitate is to incarcerate. This study demonstrates that this assumption is problematic, arguing that we should understand incapacitation along a continuum, with incarceration …
