Dead Man's Hand: Reshuffling Foreign Sovereign Immunities In U.S. Human Rights Litigation,
2014
Emory University School of Law
Dead Man's Hand: Reshuffling Foreign Sovereign Immunities In U.S. Human Rights Litigation, David J. Bederman
Georgia Journal of International & Comparative Law
No abstract provided.
The Role Of Experts In Proving International Human Rights Law In Domestic Courts: A Commentary,
2014
Vanderbilt University Law School
The Role Of Experts In Proving International Human Rights Law In Domestic Courts: A Commentary, Harold G. Maier
Georgia Journal of International & Comparative Law
No abstract provided.
The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts,
2014
University of Georgia School of Law
The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman
Georgia Journal of International & Comparative Law
No abstract provided.
The Relevance Of Customary International Norms To The Death Penalty In The United States,
2014
University of Washington
The Relevance Of Customary International Norms To The Death Penalty In The United States, Joan Fitzpatrick
Georgia Journal of International & Comparative Law
No abstract provided.
Brown V. Plata: Renewing The Call To End Mandatory Minimum Sentencing,
2014
University of Florida Levin College of Law
Brown V. Plata: Renewing The Call To End Mandatory Minimum Sentencing, Steven Nauman
Florida Law Review
After more than twenty years of litigation, the United States Supreme Court finally determined whether California’s overcrowded prison system created a constitutional violation in Brown v. Plata. With prisons and jails across the country operating at well over 100% capacity, the Court concluded what advocates had been screaming for over a decade: prison overcrowding cannot be tolerated, and the only remedy is to reduce prison populations. What the Court failed to resolve, however, was what the primary cause of prison overcrowding is and how states and the federal government are supposed to comply with capacity expectations amid concerns for …
Bringing Our Children Back From The Land Of Nod: Why The Eighth Amendment Forbids Condemning Juveniles To Die In Prison For Accessorial Felony Murder,
2014
University of Florida Levin College of Law
Bringing Our Children Back From The Land Of Nod: Why The Eighth Amendment Forbids Condemning Juveniles To Die In Prison For Accessorial Felony Murder, Mariko K. Shitama
Florida Law Review
Over 2,589 individuals sit in prison, where they have been condemned to die for crimes they committed before their eighteenth birthday. At least a quarter of these individuals received this sentence for accessorial felony murder, or a crime in which they did not kill or intend to kill the victim. Beginning with Roper v. Simmons in 2005 and continuing with Graham v. Florida in 2010, recent Eighth Amendment jurisprudence has recognized that juveniles are fundamentally different from adults in ways that limit the constitutionality of imposing adult punishment on them. In June 2012, the Supreme Court held that sentencing juveniles …
Vicarious Aggravators,
2014
University of Denver Sturm College of Law
Vicarious Aggravators, Sam Kamin, Justin Marceau
Florida Law Review
In Gregg v. Georgia, the Supreme Court held that the death penalty was constitutional so long as it provided a non-arbitrary statutory mechanism for determining who are the worst of the worst, and therefore, deserving of the death penalty. As a general matter, this process of narrowing the class of death eligible offenders is done through the codification of aggravating factors. If the jury finds beyond a reasonable doubt that one or more aggravating factors exists, then a defendant convicted of murder is eligible for the ultimate sentence. There is, however, a critical, unanswered, and under-theorized issue raised by …
Searching For Culpability, Punishing The Guilty, And Protecting The Innocent: Should Congress Look To The Model Penal Code To Stem The Tide Of Federal Overcriminalization?,
2014
The Catholic University of America, Columbus School of Law
Searching For Culpability, Punishing The Guilty, And Protecting The Innocent: Should Congress Look To The Model Penal Code To Stem The Tide Of Federal Overcriminalization?, David Dailey
Catholic University Law Review
In late 2014, the House Judiciary Committee's Overcriminalization Task Force is expected to release a final report on federal overcriminalization. The Task Force has been studying the issue for over a year, and had held several hearings on a lack of a mens rea requirement in many federal statutes, as well as regulatory offenses that carry criminal sanctions. Several experts have recommended that Congress enact a default mens rea provision similar to the Model Penal Code (MPC). This Comment explores the issue of mens rea at the federal level and the federal courts' understanding of mens rea in federal criminal …
Summary Of Byars V. State, 130 Nev. Adv. Op. 85,
2014
Nevada Law Journal
Summary Of Byars V. State, 130 Nev. Adv. Op. 85, Katherine Frank
Nevada Supreme Court Summaries
The Court determined that (1) pursuant to Missouri v. McNeely[1], the natural dissipation of marijuana in the blood stream does not constitute a per se exigent circumstance permitting a warrantless blood draw, (2) NRS 484C.160(7)[2], which allows officers to use force to obtain blood samples, violates the Fourth Amendment of the United States Constitution[3], and (3) when a warrantless blood draw is nonetheless taken in good faith, evidence obtained from the blood draw is admissible at trial.
Gate Keeping And The Politics Of Access To Prisons: Implications For Qualitative Prison Research,
2014
Rider University
Gate Keeping And The Politics Of Access To Prisons: Implications For Qualitative Prison Research, Janani Umamaheswar
Qualitative Criminology (QC)
"In this article, I draw on and contribute to existing literature on reflexivity and access in qualitative research, specifically in the context of prison research. I do this through a critical discussion of the research process involved in conducting a study on women prisoners in the U.S. In addition to describing the obstacles I faced in gaining access to a research site in which to conduct the study, I also discuss the implications of gate keeping for knowledge produced about women prisoners. Finally, I build on Bosworth et al.’s (2005) discussion of prison research using communication by mail. I argue …
Sarah Wilson, The Origins Of Modern Financial Crime: Historical Foundations And Current Problems In Britain,
2014
University of Montenegro, Montenegro
Sarah Wilson, The Origins Of Modern Financial Crime: Historical Foundations And Current Problems In Britain, Aneta Spaic, Claire Angelique Nolasco
Qualitative Criminology (QC)
"This book traces the roots of financial crime to the Victorian Era roughly between the years 1840-1880. Wilson situates financial crime within the context of the concerns, perceptions, developments, and issues endemic to that period. She attempts to draw the reader to the realities of this particular Victorian era as it was unfolding and explains how financial misconduct within commerce became rampant as construction of the railways spurred the growth of industrialization. The book contributes to existing literature on financial crime by providing a historical analysis of its etymology and creating awareness of its historical origins and prevalence long before …
Legalizing Recreational Marijuana: Comparing Ballot Outcomes In Four States,
2014
American University
Legalizing Recreational Marijuana: Comparing Ballot Outcomes In Four States, Kenneth Leon, Ronald Weitzer
Qualitative Criminology (QC)
"Medical marijuana is now available in 23 states, and its growing acceptance has paved the way for the legalization of recreational marijuana. This article examines four recent campaigns to legalize recreational marijuana–two failures and two successes. Using data from newspaper sources, interviews with key players, and other sources, we examine the factors that influence whether a ballot initiative succeeds or fails. We identify similarities and differences between the four measures, the social forces shaping the debate, their claims and counterclaims, and a set of factors that appear to increase the odds that a recreational marijuana ballot measure will be successful."
An Examination Of The Researcher Guard Role: Bringing Prison Fieldwork Into The 21st Century,
2014
University of Central Missouri
An Examination Of The Researcher Guard Role: Bringing Prison Fieldwork Into The 21st Century, Scott Chenault
Qualitative Criminology (QC)
"In 1986, James Marquart published a seminal article on qualitative methodology in Justice Quarterly. In that piece he presented the strengths and weaknesses associated with the researcher guard role he used while conducting a prison ethnography in Texas. His method led to data that is still central to our understanding of prison culture. However, in the past 30 years, correctional philosophy and practice have undergone significant shifts in the United States. Despite these shifts, there has been a dramatic decrease in prison ethnography during the same time period. This article presents a modern adaptation of Marquart’s method, based on a …
Editorial,
2014
Sam Houston State University
Editorial, Willard M. Oliver
Qualitative Criminology (QC)
"Welcome to the second issue of volume two of the Journal of Qualitative Criminal Justice & Criminology. Rather than closing with acknowledgments, I would like to start this editorial introduction with them. First and foremost, I would like to thank both the editorial board members and the reviewers for this volume of the journal. Their names are listed at the beginning of this issue for without them, this journal would not be possible. Still further, if it was not for the hard work and dedication of my book review editor, Kevin Steinmetz, who recently accepted an academic appointment at …
Bradley Garrett: Explore Everything: Place-Hacking The City,
2014
Kansas State University
Bradley Garrett: Explore Everything: Place-Hacking The City, Kevin F. Steinmetz
Qualitative Criminology (QC)
"While most people seem content to enjoy the front-stages of everyday life– going to safe spaces deemed appropriate for occupation–there are those who are enthralled by the backstage spaces of contemporary urban landscapes. In Explore Everything: Place-Hacking the City, Bradley Garrett details his research into urban explorers, a subculture that delves into the hidden (or hidden in plain sight) city spaces such as abandoned urban ruins, underground tunnels, and imposing skyscrapers. To date, this work is most likely the definitive study of urban exploration (sometimes referred to as UE) and should be the starting point for anyone from student …
Contreras, Randol, The Stickup Kids: Race, Drugs, Violence, And The American Dream,
2014
University of Tennessee
Contreras, Randol, The Stickup Kids: Race, Drugs, Violence, And The American Dream, Robert J. Durán
Qualitative Criminology (QC)
"Most academics do not live in segregated black or Latino communities that contain higher rates of violence and incarceration. Historically, ethnographers have attempted to bridge this gap, but only a small number of these researchers match the populations they are studying in terms of age, class, ethnicity, and gender. An even rarer ethnographer comes from these same neighborhoods and shares lifelong friendships with the participants. Randol Contreras’s Stickup Kids provides an in-your-face portrayal of a drug dealing crew turned drug robbers in the South Bronx of New York City during the late 1980s and early 1990s. Due to structural changes …
Holloway, Pippa, Living In Infamy: Felony Disfranchisement And The History Of American Citizenship,
2014
University of Houston Downtown
Holloway, Pippa, Living In Infamy: Felony Disfranchisement And The History Of American Citizenship, Gregory J. Fremin
Qualitative Criminology (QC)
"In a historical account of the origins of felony disfranchisement in America, Pippa Holloway details how race and regional politics formed the basis for the exclusion of African Americans on the right to vote. Holloway’s Living in Infamy attempts to connect the dots from the past to the present by educating the reader on how America came to utilize felony convictions as a societal class preservation tool to exclude African Americans from voting. Holloway delves deeply into ancient Roman and Greek law and continues through Anglo-European law and ideology to set the stage for how our forefathers in early America …
Nigel South & Avi Brisman (Eds.), Routledge Handbook Of Green Criminology,
2014
London South Bank University
Nigel South & Avi Brisman (Eds.), Routledge Handbook Of Green Criminology, Gary R. Potter
Qualitative Criminology (QC)
"The first articulation of a ‘green’ criminology – that is, a criminology concerned with man-made environmental harm – is usually attributed to Michael Lynch (1990) in his essay The Greening of Criminology: a perspective on the 1990s. Although not the first criminological work on environmental harm, Lynch was one of the first to argue that environmental problems in themselves, and the social harms that so often stem from them, can be seen to be legitimate criminological concerns – and that criminologists, therefore, may be well positioned to contribute to analysis and discussion of the environmental degradation that has become …
Exploring The Roles Of Redemption, Agency, And Motivation In Two Groups Of High-Risk Felony Probationers,
2014
Texas Lutheran University
Exploring The Roles Of Redemption, Agency, And Motivation In Two Groups Of High-Risk Felony Probationers, Steve Boehm
Qualitative Criminology (QC)
"Problem-solving courts were developed in the 1980s and 1990s to reduce recidivism and probation revocations. The first problem- solving courts focused primarily on treating drug abuse, but the missions have expanded to include issues such as domestic violence and the problems faced by returning war veterans. Research has found these courts to be generally effective, but there is wide variation in their outcomes, and there are questions about the perceptions of problem-solving court participants compared to other probationers. This study presents qualitative analysis of interview data for a group of problem-solving court probationers (n = 19) and a similar group …
Bill Chambliss, On The Take: From Petty Crooks To Presidents,
2014
Eastern Kentucky University
Bill Chambliss, On The Take: From Petty Crooks To Presidents, Gary W. Potter
Qualitative Criminology (QC)
"On the Take: From Petty Crooks to Presidents (first published in 1978) was the product of seven years (1962-1969) of observational research in Seattle, Washington (Chambliss, 1988). Chambliss used his background in law and sociology to interpret the things he saw and the stories he heard on Seattle’s skid row. He gained entrée into Seattle’s underworld by posing as an itinerant truck driver. Outfitted in old, worn shirts, khaki slacks and with bearded stubble on his face, he interacted with the bottom echelon of Seattle’s crime entrepreneurs–bar owners, illegal card room and bingo operators, street-level drug dealers and prostitutes. …
