Where Liberty Lies: Civil Society And Individual Rights After 9/11,
2012
Georgetown University Law Center
Where Liberty Lies: Civil Society And Individual Rights After 9/11, David Cole
Georgetown Law Faculty Publications and Other Works
Had someone told you, on September 11, 2001, that the United States would not be able to do whatever it wanted in response to the terrorist attacks of that day, you might well have questioned their sanity. The United States was the most powerful country in the world, and had the world’s sympathy in the immediate aftermath of the attacks. Who would stop it? Al Qaeda had few friends beyond the Taliban. As a historical matter, Congress and the courts had virtually always deferred to the executive in such times of crisis. And the American polity was unlikely to object …
The Missing Jury: The Neglected Role Of Juries In Eighth Amendment Punishments Clause Determinations,
2012
Southern Methodist University, Dedman School of Law
The Missing Jury: The Neglected Role Of Juries In Eighth Amendment Punishments Clause Determinations, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
A recent study of death penalty cases has revealed that judges, who are ordinarily thought of as the guardians of criminal defendants’ constitutional rights, are more likely to impose harsher punishments than jurors. This may be unsettling in its own right, but it is especially concerning because judges are the individuals charged with determining whether punishments are unconstitutionally cruel and unusual under the Eighth Amendment, and these determinations are supposed to be based on “the evolving standards of decency that mark the progress of a maturing society.” The study suggests that judges are out of step with society’s moral norms, …
Models Of Justice To Protect Innocent Persons,
2012
U.S. Military Academy at West Point
Models Of Justice To Protect Innocent Persons, Tim Bakken
NYLS Law Review
No abstract provided.
Pretrial Incentives, Post-Conviction Review, And Sorting Criminal Prosecutions By Guilt Or Innocence,
2012
University of Michigan Law School
Pretrial Incentives, Post-Conviction Review, And Sorting Criminal Prosecutions By Guilt Or Innocence, Samuel R. Gross
NYLS Law Review
No abstract provided.
Criminalizing The Classroom: The Rise Of Aggressive Policing And Zero Tolerance Discipline In New York City Public Schools,
2012
New York Law School
Criminalizing The Classroom: The Rise Of Aggressive Policing And Zero Tolerance Discipline In New York City Public Schools, Udi Ofer
NYLS Law Review
No abstract provided.
Human Trafficking Victim Identification: Should Consent Matter, 45 Ind. L. Rev. 483 (2012),
2012
John Marshall Law School
Human Trafficking Victim Identification: Should Consent Matter, 45 Ind. L. Rev. 483 (2012), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
It is widely accepted that human trafficking is a global phenomenon that poses a significant problem within the United States. Despite its wealth and sophisticated law enforcement paradigms, the United States is the third largest destination country for human trafficking victims. In fact, human trafficking in the United States is increasing. Scholars have advanced a myriad of reasons to explain this problem. For example, some have pronounced the conscious neglect of men and boys in the investigation, reporting, and publicity of human trafficking a serious impediment to progress in combating trafficking. The ease with which corporations avoid prosecution under the …
Politicizing Crime And Punishment: Redefining "Justice" To Fight The "War On Prisoners",
2012
University of California, Santa Cruz
Politicizing Crime And Punishment: Redefining "Justice" To Fight The "War On Prisoners", Craig Haney
West Virginia Law Review
No abstract provided.
The Early Demise Of Early Release,
2012
University of Wisconsin Law School
The Early Demise Of Early Release, Cecelia Klingele
West Virginia Law Review
Reversing the tough-on-crime policies that have defined American criminal justice for the past two decades, cash-strapped states across the nation have begun reducing the number of people they confine in prisons and jails. In their efforts to reduce correctional populations, numerous states have passed laws that allow parole boards, prison officials, or judges to shorten the sentences of people already serving time in custody. These so-called "early release" laws have proven highly controversial and in at least three states have been repealed outright. In others, they remain on the books but have provided less savings than anticipated because of the …
The U.S. Trade Representative's Democracy Problem: The Anti-Counterfeiting Trade Agreement (Acta) As A Juncture For International Lawmaking In The United States,
2012
University of Colorado Law School
The U.S. Trade Representative's Democracy Problem: The Anti-Counterfeiting Trade Agreement (Acta) As A Juncture For International Lawmaking In The United States, Margot Kaminski
Publications
No abstract provided.
Surviving Castle Rock: The Human Rights Of Domestic Violence,
2012
University of Maryland Francis King Carey School of Law
Surviving Castle Rock: The Human Rights Of Domestic Violence, Max D. Siegel
Cardozo Journal of Equal Rights & Social Justice
The article critically examines the U.S. Supreme Court's decision in Town of Castle Rock v. Gonzales and its broader implications for domestic violence survivors' rights. It argues that the Court's adherence to a "Negative Constitution," which limits government obligations to citizens, fails to protect vulnerable populations and violates international human rights standards. The article advocates for incorporating international law into U.S. jurisprudence to address systemic failures in responding to domestic violence.
Politics And Punishment: Reactions To Markel's Political Retributivism,
2012
Brooklyn Law School
Politics And Punishment: Reactions To Markel's Political Retributivism, Michael T. Cahill
Faculty Scholarship
No abstract provided.
Blind Justice,
2012
Brooklyn Law School
The Private Prison Dilemma,
2012
Loyola University Chicago, School of Law
The Private Prison Dilemma, Adriana Ballines
Public Interest Law Reporter
No abstract provided.
How The Internet Is Used To Facilitate The Trafficking Of Humans As Sex Slaves,
2012
FAMU College of Law
How The Internet Is Used To Facilitate The Trafficking Of Humans As Sex Slaves, Cheryl Page
Journal Publications
Human trafficking is, sadly, a part of the fabric of the 21st century global community, but it has different goals than those of sex trafficking. One expert defines human trafficking as “‘an opportunistic response’ to the tension between the economic necessity to migrate . . . and the politically motivated restrictions on migration”. To give an idea of how widespread sex trafficking is, understand that it is now more profitable for criminals to sell women for sex than it is to sell drugs. Drugs are disposable and finite. Women can be resold over and over and over again. These “commodities” …
Constitutionalizing Immigration Law: The Vital Role Of Judicial Discretion In The Removal Of Lawful Permanent Residents,
2012
Florida A&M University College of Law
Constitutionalizing Immigration Law: The Vital Role Of Judicial Discretion In The Removal Of Lawful Permanent Residents, Maritza I. Reyes
Journal Publications
For decades, scholars and advocates criticized the harsh, mandatory nature of the Federal Sentencing Guidelines. They argued that federal district court judges should have discretion to authorize a punishment that fits the facts and circumstances of the crime and the defendant. Similarly, immigration scholars and advocates criticize the harsh laws that categorically remove lawful permanent residents, even after minor crimes, from the United States. In 2005, in United States v. Booker, the Supreme Court "constitutionalized" the Sentencing Guidelines by rendering them advisory, and returning judicial discretion to federal judges. This Article argues that the similar constitutional, historical, theoretical, societal, and …
Shadow Citizens: Felony Disenfranchisement And The Criminalization Of Debt,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Shadow Citizens: Felony Disenfranchisement And The Criminalization Of Debt, Ann Cammett
Scholarly Works
The disenfranchisement of felons has long been challenged as anti-democratic and disproportionately harmful to communities of color. Critiques of this practice have led to the gradual liberalization of state laws that expand voting rights for those who have served their sentences. Despite these legal developments, ex-felons face an increasingly difficult path to regaining the franchise. This article argues that, for ex-felons in particular, criminal justice debt can serve as an insurmountable obstacle to the resumption of voting rights and broader participation in society. This article uses the term “carceral debt” to identify criminal justice penalties levied on prisoners, “user fees” …
A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts,
2012
Vanderbilt University Law School
A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts, Stuart Ford
Vanderbilt Journal of Transnational Law
There is a large body of literature arguing that positive perceived legitimacy is a critical factor in the success of international criminal courts, and that courts can be engineered in such a way that they will be positively perceived by adjusting factors such as their institutional structure and outreach efforts. But in many situations the perceived legitimacy of international criminal courts has almost nothing to do with these factors. This Article takes the latest research in social psychology and applies it to survey data about perceptions of international criminal courts in order to understand how affected populations form attitudes about …
Virtual Witness Confrontation In Criminal Cases,
2012
Vanderbilt University Law School
Virtual Witness Confrontation In Criminal Cases, Yvonne M. Dutton
Vanderbilt Journal of Transnational Law
Maritime piracy is a serious problem, yet states are not prosecuting captured pirates with any regularity. One of the many reasons cited to explain this phenomenon focuses on the expense and difficulty of mounting cases of such international proportions and which involve evidence, suspects, victims, and witnesses from around the globe. In an effort to help close the impunity gap that surrounds piracy, this Article offers a potential solution to the difficulties associated with obtaining live witness testimony. It proposes a rule to allow witnesses under some circumstances to testify remotely by way of two-way, live videoconferencing technology. While remote …
Duncan Kennedy's Third Globalization, Criminal Law, And The Spectacle,
2012
University of Colorado Law School
Duncan Kennedy's Third Globalization, Criminal Law, And The Spectacle, Aya Gruber
Publications
No abstract provided.
Understanding The United States' Incarceration Rate,
2012
University of Colorado Law School
Understanding The United States' Incarceration Rate, William T. Pizzi
Publications
What has caused prison sentences to climb so sharply and consistently in the last four decades?
