Retribution And The Experience Of Punishment.,
2010
Loyola University Chicago
Retribution And The Experience Of Punishment., John Bronsteen
Faculty Publications & Other Works
No abstract provided.
Legislative Epidemics: A Cautionary Tale Of Criminal Laws That Have Swept The Country,
2010
Southwestern Law School
Legislative Epidemics: A Cautionary Tale Of Criminal Laws That Have Swept The Country, Catherine L. Carpenter
Buffalo Law Review
No abstract provided.
Flores-Figueroa And The Search For Plain Meaning In Identity Theft Law,
2010
University at Buffalo School of Law (Student)
Flores-Figueroa And The Search For Plain Meaning In Identity Theft Law, Nathaniel J. Stuhlmiller
Buffalo Law Review
No abstract provided.
Criminal Justice Law Reform: Stealing A Page From The American Playbook,
2010
Osgoode Hall Law School of York University
Criminal Justice Law Reform: Stealing A Page From The American Playbook, James Stribopoulos
Articles & Book Chapters
Criminal justice law reform is a major component of the Federal Government's current legislative agenda. Unfortunately, instead of basing reforms on criminological research or the advice of experts, our current Government, by its own admission, is far more interested in what ordinary Canadians think about the criminal justice system.
No Shortcuts On Human Rights: Bail And The International Criminal Trial,
2010
Willamette University, College of Law
No Shortcuts On Human Rights: Bail And The International Criminal Trial, Caroline L. Davidson
American University Law Review
No abstract provided.
Stepping Out Of The Vehicle: The Potential Of Arizona V. Gant To End Automatic Searches Incident To Arrest Beyond The Vehicular Context
,
2010
American University Washington College of Law
Stepping Out Of The Vehicle: The Potential Of Arizona V. Gant To End Automatic Searches Incident To Arrest Beyond The Vehicular Context , Angad Singh
American University Law Review
No abstract provided.
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 …
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform,
2010
University of Richmond
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
Law Student Publications
This paper serves to fill that gap, using the history, players, and processes involved as a means to refocus sentencing reform. Part II provides a historical overview of drug sentencing from its conception to its current state. Part III looks at drug sentencing reforms, identifying the players involved and explaining their diverse motivations. Part IV presents lessons learned and proposes a moderate set of normative remedies.
How Should Colleges And Universities Respond To Peer Sexual Violence On Campus? What The Current Legal Environment Tells Us,
2010
Georgetown University Law Center
How Should Colleges And Universities Respond To Peer Sexual Violence On Campus? What The Current Legal Environment Tells Us, Nancy Chi Cantalupo
Georgetown Law Faculty Publications and Other Works
Over the last decade or so, various legal schemes such as the statutes and court or agency enforcement of Title IX and the Clery Act have increasingly recognized that certain institutional responses perpetuate a cycle of nonreporting and violence. This paper draws upon comprehensive legal research conducted on how the law now regulates school responses to campus peer sexual violence to show that schools face much greater liability from failing to protect the rights of campus peer sexual violence survivors than of any other group of students, including alleged assailants. By encouraging their institutions to develop more victim-centered responses to …
Honest-Services Fraud: A (Vague) Threat To Millions Of Blissfully Unaware (And Non-Culpable) American Workers,
2010
Georgetown University Law Center
Honest-Services Fraud: A (Vague) Threat To Millions Of Blissfully Unaware (And Non-Culpable) American Workers, Julie R. O'Sullivan
Georgetown Law Faculty Publications and Other Works
The author believes that statute 18 U.S.C. § 1346 is unconstitutionally vague, at least as applied to cases in which employees of private entities are prosecuted for depriving their employers of a right to their honest services (so-called “private cases”). Objections to vagueness rest on due process. “Vagueness may invalidate a criminal law for either of two independent reasons. First, it may fail to provide the kind of notice that will enable ordinary people to understand what conduct it prohibits; second, it may authorize and even encourage arbitrary and discriminatory enforcement.” The Supreme Court’s vagueness precedents do not provide much …
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.
The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism,
2010
Roger Williams University School of Law
The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism, Peter Margulies
Law Faculty Scholarship
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.
