When Family Matters,
2010
Maurice A. Deane School of Law at Hofstra University
When Family Matters, Alafair Burke
Hofstra Law Faculty Scholarship
In Privilege or Punish: Criminal Justice and the Challenge of Family Ties, Dan Markel, Jennifer Collins, and Ethan Leib make an important contribution to the growing literature on criminal law and families by documenting the ways that criminal law advantages and burdens actors based on familial status and identifying the potential harms that are unleashed when criminal law recognizes family status. This Feature seeks to complement that contribution by situating the authors’ observations within the context of two considerations beyond Privilege or Punish’s immediate focus: chronological trends and the practical realities that can shape application of formal law. By distinguishing …
Federal Prosecution Of State And Local Officials Using Honest Services Mail Fraud: Where's The Line?,
2010
Campbell University School of Law
Federal Prosecution Of State And Local Officials Using Honest Services Mail Fraud: Where's The Line?, George E.B. Holding, Dennis M. Duffy, John Stuart Bruce
Campbell Law Review
Although there is little dispute that the mail fraud statute has become a valuable part of a federal prosecutor's arsenal, for years legal scholars have debated the extent to which the mail fraud statute should be used to prosecute corrupt state and local officials. In recent years, largely in response to the large number of high profile honest services fraud prosecutions, even members of the mainstream news media are beginning to seek guidance regarding the definition of honest services mail fraud. As noted by Professor George Brown, though the controversy over whether the national government should be responsible for prosecuting …
Culture-Based Crimes Against Women In Societies Absorbing Immigrants - Rejecting The "Mistake Of Law" Defense And Imposing Harsher Sentencing,
2010
Michigan State University College of Law
Culture-Based Crimes Against Women In Societies Absorbing Immigrants - Rejecting The "Mistake Of Law" Defense And Imposing Harsher Sentencing, Gabriel Hallevy
Cardozo Journal of Equal Rights & Social Justice
The article argues that the mistake of law defense is irrelevant in cases of culture-based crimes against women, particularly honor killings, committed by immigrants in Western societies. It asserts that such crimes, often justified by cultural preservation, warrant harsher sentencing rather than leniency due to cultural ignorance. The analysis distinguishes between first-generation immigrants and refugees, emphasizing that refugees should not receive special treatment in legal accountability. The article advocates for stricter legal measures to address these crimes and minimize their occurrence.
The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry,
2010
University of Richmond
The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher
Richmond Public Interest Law Review
To understand the contemporary use of contractor-operated prisons, one must appreciate the political and economic developments which allowed privatization to enter the corrections industry. Accordingly, this article starts with a brief history of privatized corrections in the United States. The following section explores how the modem marketplace for private prisons has been shaped by two prominent dynamics-the emergence of a national market for prison beds and the massive expansion of the nation's immigrant detention system. The paper then considers the general implications of non-governmental prison operation, with a focus on how contractors have exploited their private status to the detriment …
Legal Ethics In International Criminal Defense,
2010
Southern Methodist University, Dedman School of Law
Legal Ethics In International Criminal Defense, Jenia I. Turner
Faculty Journal Articles and Book Chapters
This paper examines the new and complex dilemmas facing defense attorneys who represent clients before international criminal courts. It argues that the unique features and goals of international criminal trials demand a distinct approach to resolving some of these ethical dilemmas. In particular, the goals of international trials are broader and often more political than those of ordinary domestic trials, and the applicable procedures are a unique hybrid of the inquisitorial and adversarial traditions. Moreover, some of the justifications for aggressive defense at the domestic level - such as discouraging disengaged advocacy and protesting overly harsh punishments - are less …
Judging Cruelty,
2010
Southern Methodist University, Dedman School of Law
Judging Cruelty, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
he wisdom of the death penalty has recently come under attack in a number of states. This raises the question of whether states’ retreat from the death penalty, or other punishments, will pressure other states - either politically or constitutionally - to similarly abandon the punishment. Politically, states may succumb to the trend of discontinuing a punishment. Constitutionally, states may be forced to surrender the punishment if it is considered cruel, and, as a result of a large number of states renouncing it, the punishment also becomes unusual. If a punishment is thus found to be both cruel and unusual, …
Does The Eighth Amendment Punishments Clause Prohibit Only Punishments That Are Both Cruel And Unusual,
2010
Southern Methodist University, Dedman School of Law
Does The Eighth Amendment Punishments Clause Prohibit Only Punishments That Are Both Cruel And Unusual, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
There is a great struggle in the United States between proponents of the death penalty and death penalty abolitionists who believe that the practice is cruel and even unconstitutional. Although the punishment of death is enshrined in the Fifth and Fourteenth Amendments of the Constitution, the Supreme Court seems to have followed its moral compass in chipping away at the death penalty because of the cruelty of the practice. The Court's struggle between the text of the Constitution and its moral inclinations in the death penalty context has resulted in an inconsistent and confusing Eighth Amendment Punishments Clause jurisprudence. While …
Decriminalizing Students With Disabilities,
2010
University of Tennessee College of Law
Decriminalizing Students With Disabilities, Dean Hill Rivkin
NYLS Law Review
No abstract provided.
Failing The Grade: How The Use Of Corporal Punishment In U.S. Public Schools Demonstrates The Need For U.S. Ratification Of The Children’S Rights Convention And The Convention On The Rights Of Persons With Disabilities,
2010
Human Rights Watch
Failing The Grade: How The Use Of Corporal Punishment In U.S. Public Schools Demonstrates The Need For U.S. Ratification Of The Children’S Rights Convention And The Convention On The Rights Of Persons With Disabilities, Alice Farmer, Kate Stinson
NYLS Law Review
No abstract provided.
Early Release Programs In Illinois: Justifiable Or Objectionable?,
2010
Loyola University Chicago, School of Law
Early Release Programs In Illinois: Justifiable Or Objectionable?, Bill Schramm
Public Interest Law Reporter
No abstract provided.
Gun Shy: Turning Violent Criminals Into Anti-Violence Advocates,
2010
Loyola University Chicago, School of Law
Gun Shy: Turning Violent Criminals Into Anti-Violence Advocates, Ian Barney
Public Interest Law Reporter
No abstract provided.
The Fair Sentencing Act Of 2010: How Fair Is It? ,
2010
Loyola University Chicago, School of Law
The Fair Sentencing Act Of 2010: How Fair Is It? , Ryan Carlsen
Public Interest Law Reporter
No abstract provided.
To Many Iraqis, Suicide Bombing Less Worrisom Than Graft,
2010
Loyola University Chicago, School of Law
To Many Iraqis, Suicide Bombing Less Worrisom Than Graft, Tom Mcgettrick
Public Interest Law Reporter
No abstract provided.
Commentary On "Prosecutions, Politics And The Public Interest: Some Recent Developments In The United Kingdom, Canada And Elsewhere",
2010
Osgoode Hall Law School of York University
Commentary On "Prosecutions, Politics And The Public Interest: Some Recent Developments In The United Kingdom, Canada And Elsewhere", Mary Condon
Articles & Book Chapters
Professor Stenning is to be congratulated for providing a fresh and timely perspective on some crucial dilemmas of prosecutorial decision-making, and for grounding his incisive analysis in a close discussion of a particularly provocative case emerging from the U.K. House of Lords in 2008. The core conundrum he addresses in his paper is the long-standing one of what should be the contours of the role played by a jurisdiction's Attorney General in prosecutorial decision-making. The context here is one in which attorneys general have multiple and significant responsibilities in governmental arenas. Specifically, he poses two questions about the Attorney General's …
Reconceptualizing Vagrancy And Reconstructing The Vagrant: A Socio-Legal Analysis Of Criminal Law Reform In Canada, 1953-1972,
2010
Osgoode Hall Law School of York University
Reconceptualizing Vagrancy And Reconstructing The Vagrant: A Socio-Legal Analysis Of Criminal Law Reform In Canada, 1953-1972, Prashan Ranasinhe
Osgoode Hall Law Journal
This article explores significant reforms to the vagrancy section of the Criminal Code during the mid-to-late twentieth century. By locating the reforms within their unique social, political, and economic climates, I examine how they reconceptualized the offence of vagrancy and concomitantly reconstructed the vagrant as a social problem. The reforms played a seminal role in reducing the number of vagrancy offences, eventually leading to the demise of vagrancy in the criminal law. Yet, while the "vagrant" ceased to exist in the law, the law still continues to preserve vestiges of the vagrant in a highly gendered manner.
Talkin’ Bout My Generation: Sexting, Child Pornography, And Re-Education,
2010
Seton Hall Law
Talkin’ Bout My Generation: Sexting, Child Pornography, And Re-Education, Carolyn G. Zalewski
Student Works
No abstract provided.
Balancing Liberty, Dignity And Safety: The Impact Of Domestic Violence Lethality Screening,
2010
University of Baltimore School of Law
Balancing Liberty, Dignity And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson
All Faculty Scholarship
This Article undertakes the first ever analysis of the consequences of the justice and legal system’s extensive use of lethality assessment tools for women subjected to abuse. An increasing number of states are now requiring their police, prosecutors, civil attorneys, advocates, service providers, and court personnel to assess women in order to obtain a score that indicates the woman’s lethality risk because of domestic violence. The mandated danger assessment screen of all women subjected to violence focuses only on the risk of homicide and thereby limits the definition of what is domestic violence. In addition, the accompanying protocol for the …
Monetary Recoveries For State Crime Victims ,
2010
Northern Illinois University College of Law
Monetary Recoveries For State Crime Victims , Jeffrey A. Parness, Edmund Laube, Laura Lee
Cleveland State Law Review
In this Article, we explore the constitutional, statutory, and common law foundations of the three recovery avenues available to crime victims. We also explore the federal-state and interstate differences in these avenues, along with the associated barriers to recovery. Finally, we propose better ways in which to facilitate state crime victim recoveries.
Approaches To Protecting Victims Of Intimate Partner Violence In The United States And Ireland: People, Property, And Politics,
2010
University of Missouri - Kansas City, School of Law
Approaches To Protecting Victims Of Intimate Partner Violence In The United States And Ireland: People, Property, And Politics, Barbara Glesner Fines
Faculty Works
No abstract provided.
The Geography Of Criminal Law,
2010
Drexel University Earle Mack School of Law
The Geography Of Criminal Law, Adam Benforado
Cardozo Law Review
When Westerners explain the causes of actions or outcomes in the criminal law context, they demonstrate a strong tendency to overestimate the importance of dispositional factors, like thinking, preferring, and willing, and underestimate the impact of interior and exterior situational factors, including environmental, historical, and social forces, as well as affective states, knowledge structures, motives, and other unseen aspects of our cognitive frameworks and processes. One of the situational factors that we are particularly likely to overlook is physical space - that is, landscapes, places, natures, boundaries, and spatialities. Our shortsightedness comes at a great cost. Spatial concerns shape legal …
