Distilling Americans: The Legacy Of Prohibition On U.S. Immigration Law,
2014
American University Washington College of Law
Distilling Americans: The Legacy Of Prohibition On U.S. Immigration Law, Jayesh Rathod
Scholarly Articles in Law Reviews & Journals
Since the early twentieth century, federal immigration law has targeted noncitizens believed to engage in excessive alcohol consumption by prohibiting their entry or limiting their ability to obtain citizenship and other benefits. The first specific mention of alcohol-related behavior appeared in the Immigration Act of 1917, which called for the exclusion of "persons with chronic alcoholism" seeking to enter the United States. Several decades later, the Immigration and Nationality Act of 1952 specified that any noncitizen who "is or was ... a habitual drunkard" was per se lacking in good moral character, and hence ineligible for naturalization. Although the "chronic …
The Price Is Wrong: Reimbursement Of Expenses For Acquitted Criminal Defendants,
2014
American University Washington College of Law
The Price Is Wrong: Reimbursement Of Expenses For Acquitted Criminal Defendants, Ira P. Robbins
Scholarly Articles in Law Reviews & Journals
"Not guilty "-these two simple words elicit intense relieffrom any defendant at the conclusion of a criminal trial. As one harrowing ordeal ends, however, a new one inevitably takes shape: picking up the pieces of a life shattered physically, emotionally, and, for nonindigent defendants, _financially. Where do defendants who have successfully defended themselves against criminal prosecution turn for assistance in paying the debts incurred in securing their freedom? Some states, as well as the federal government, have implemented laws that allow acquitted defendants to seek public reimbursement of certain legal expenses they incurred in their defense. These reimbursement methods differ …
Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention,
2014
American University Washington College of Law
Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention, Jennifer Daskal
Scholarly Articles in Law Reviews & Journals
This Article exposes the ways in which noncustodial pre-crime restraints have proliferated over the past decade, focusing in particular on three notable examples — terrorism-related financial sanctions, the No Fly List, and the array of residential, employment, and related restrictions imposed on sex offenders. Because such restraints do not involve physical incapacitation, they are rarely deemed to infringe core liberty interests. Because they are preventive, not punitive, criminal law procedural protections do not apply. They have exploded largely unchecked — subject to little more than bare rationality review and negligible procedural protections — and without any coherent theory as to …
Escaping From The Standard Story: Why The Conventional Wisdom On Prison Growth Is Wrong, And Where We Can Go From Here,
2014
Fordham University School of Law
Escaping From The Standard Story: Why The Conventional Wisdom On Prison Growth Is Wrong, And Where We Can Go From Here, John F. Pfaff
Faculty Scholarship
Whether as a result of low crime rates, the financial pressures of the 2008 credit crunch, or other factors, policymakers on both sides of the aisle are trying to rein or even reduce the US incarceration rate after an unprecedented forty-year expansion. Unfortunately, reforms are hampered by the fact that we do not have a solid empirical understanding of what caused the explosion in the first place. In fact, the "Standard Story" of prison growth generally overemphasizes less important factors and overlooks more important ones. This essay thus does two things. First, it points out the flaws in five key …
State Prisoners With Federal Claims In Federal Court: When Can A State Prisoner Overcome Procedural Default?,
2014
University of Maryland Francis King Carey School of Law
State Prisoners With Federal Claims In Federal Court: When Can A State Prisoner Overcome Procedural Default?, Megan Raker
Maryland Law Review
No abstract provided.
International Criminal Law For Retributivists,
2014
Elisabeth Haub School of Law at Pace University
International Criminal Law For Retributivists, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
Responding to the proliferation of international criminal tribunals during the last two decades, scholars have engaged in a rich debate about the normative foundations of international criminal law (“ICL”). The retributive theory of punishment--which justifies punishment based on the culpability of the accused, rather than by reference to its social benefits--has met with significant skepticism in these discussions. Some have argued that unique features of international criminal justice--for example, the extreme selectivity of punishment or the lack of certain social or political preconditions--are a poor match for retributive theory. Others have ignored retributivism altogether, or afforded the theory only passing …
Fighting Fire With Fire: Technology In Child Sex Trafficking,
2014
The Catholic University of America, Columbus School of Law
Fighting Fire With Fire: Technology In Child Sex Trafficking, Mary Graw Leary
Scholarly Articles
The scourge of child sex trafficking is as complex as it is alarming. It is speculated that the “Triple A Engine” effect of the Internet (Affordability, Access, and Anonymity) plays a role in the sex trafficking of children. For example, much media coverage and political action has recently taken place regarding online ad sites such as backpage.com facilitating child sex trafficking. However, as with many aspects of child sex trafficking, obtaining actual measurements and hard data is challenging due to the nature of the crime, the lack of a uniform description, and inherent under-reporting. That is why Microsoft Corporation awarded …
The Effects Of The Lubanga Case On Understanding And Preventing Child Soldiering,
2014
Washington and Lee University School of Law
The Effects Of The Lubanga Case On Understanding And Preventing Child Soldiering, Mark A. Drumbl
Scholarly Articles
On March 14, 2012, a trial chamber of the International Criminal Court (ICC) convicted Thomas Lubanga Dyilo, a rebel leader from the Democratic Republic of the Congo, for child-soldier-related crimes. Some months later, Lubanga was sentenced to a prison term of fourteen years. On August 7, 2012, an ICC trial chamber issued its decision regarding the principles and procedures to be applied to reparations in the Lubanga case. This Article unpacks the relationships between the Lubanga proceedings and how the international community conceptualizes, and strives to prevent, child soldiering. This Article contends that the Lubanga proceedings reinforce, and incubate, a …
Criminalizing Revenge Porn,
2014
University of Miami School of Law
Criminalizing Revenge Porn, Danielle Citron, Mary Anne Franks
Articles
No abstract provided.
Preempting The Police,
2014
University of Baltimore School of Law
Preempting The Police, David Jaros
All Faculty Scholarship
Fighting crime requires that we vest police with extensive discretion so that they can protect the public. Unfortunately, the nature of police work makes it difficult to ensure that law enforcement authority is not abused. This challenge is exacerbated by the fact that a great deal of questionable police activity exists in the legal shadows — unregulated practices that do not violate defined legal limits because they have generally eluded both judicial and legislative scrutiny. Local law enforcement strategies, like the maintenance of unauthorized police DNA databases and the routine practice of initiating casual street encounters, threaten fundamental notions of …
Liability And Admission Of Wrongdoing In Public Enforcement Of Law,
2014
Duke Law School
Liability And Admission Of Wrongdoing In Public Enforcement Of Law, Samuel W. Buell
Faculty Scholarship
Some judges and scholars have questioned the social value of the standard form in which the Securities and Exchange Commission settles its corporate enforcement actions, including the agency’s use of essentially unreviewed consent decrees that include no admission of liability or wrongdoing. This essay for a symposium on SEC enforcement provides an analysis of the deterrent effects of the three main components of settlements in public enforcement of law: liability, admission, and remedy. The conclusions are the following. All three components have beneficial deterrent effects. Cost considerations nonetheless justify some settlements that dispense with liability or admission, or even both. …
Public Opinion And The Abolition Or Retention Of The Death Penalty Why Is The United States Different?,
2014
Duke Law School
Public Opinion And The Abolition Or Retention Of The Death Penalty Why Is The United States Different?, Sara Sun Beale
Faculty Scholarship
What explains the difference between the United States and the many other countries that have abolished capital punishment? Because the United States and many other nations that have abolished the death penalty are democracies, there seems to be an obvious answer: abolition or retention reflects the preferences of the electorate. According to this view, the U.S. electorate is simply more punitive, and the question becomes explaining the difference in national attitudes. There is some truth to this explanation. As I have argued elsewhere, the U.S. public generally does favor punitive criminal justice policies. But that cannot be the whole story. …
Promising Protection: 911 Call Records As Foundation For Family Violence Intervention,
2014
Commonwealth's Attorney, Norfolk, Virginia
Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, Linda L. Bryant, James G. Dwyer
Kentucky Law Journal
No abstract provided.
Does Political Pressure Necessarily Amount To Political Interference. Specifically Addressing What Can Be Done To Alleviate Worries That Political Pressure Amounts To Political Interference Within The International Courts,
2014
Case Western Reserve University School of Law
Does Political Pressure Necessarily Amount To Political Interference. Specifically Addressing What Can Be Done To Alleviate Worries That Political Pressure Amounts To Political Interference Within The International Courts, Alexis Lee Krivoshik
War Crimes Memoranda
No abstract provided.
Us-Visit System,
2014
Case Western Reserve University School of Law
Categorization Of Detainees And Standards Of Detention,
2014
Case Western Reserve University School of Law
Categorization Of Detainees And Standards Of Detention, Ellen Van Cleave
War Crimes Memoranda
No abstract provided.
The Right To Appeal,
2014
Case Western Reserve University School of Law
A Behavioral Justification For Escalating Punishment Schemes,
2014
Florida State University College of Law
A Behavioral Justification For Escalating Punishment Schemes, Murat C. Mungan
Scholarly Publications
The standard two-period law enforcement model is considered in a setting where individuals usually, but not exclusively, commit crimes only after comparing expected costs and benefits. Where escalating punishment schemes are present, there is an inherent value in keeping a clean criminal record; a person with a record may unintentionally become a repeat offender if he fails to exert self-control, and be punished more severely. If the punishment for repeat offenders is sufficiently high, one may rationally forgo the opportunity of committing a profitable crime today to avoid being sanctioned as a repeat offender in the future. Therefore, partial deterrence …
Mercenary Criminal Justice,
2014
Florida State University College of Law
Mercenary Criminal Justice, Wayne A. Logan
Scholarly Publications
To some degree, money has always figured in criminal justice. Early on, private enforcers of the criminal law received payments for their work. Remuneration played a less explicit but still prominent role in the nineteenth and twentieth centuries as public actors carried out the work of criminal justice. Today, amid significant budget pressures brought on by the Great Recession and the costs of running the nation’s massive criminal justice apparatus, courts and other system actors rely heavily on a growing number of legal financial obligations (“LFOs”) as revenue sources. When this happens, courts and other system actors become mercenaries, in …
Whether The Special Tribunal For Lebanon Is Properly Considered To Be More A Civil Law Institution Or A Common Law Institution.,
2014
Case Western Reserve University School of Law
Whether The Special Tribunal For Lebanon Is Properly Considered To Be More A Civil Law Institution Or A Common Law Institution., Estefanía Sixto Seijas
War Crimes Memoranda
No abstract provided.
