How Will The Legalization Of Marijuana Affect The Incarcerated In Illinois?,
2019
Loyola University Chicago, School of Law
How Will The Legalization Of Marijuana Affect The Incarcerated In Illinois?, Kevin Anderson
Public Interest Law Reporter
No abstract provided.
Table Of Contents,
2019
Loyola University Chicago, School of Law
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
Legalization Of Marijuana In Illinois: The Broader Implications On Social Justice,
2019
Loyola University Chicago, School of Law
Legalization Of Marijuana In Illinois: The Broader Implications On Social Justice, Colleen Ahern
Public Interest Law Reporter
No abstract provided.
Housing Preservation Under Vawa: The Case For Treating Housing As An Immediate Safety Need,
2019
Loyola University Chicago, School of Law
Housing Preservation Under Vawa: The Case For Treating Housing As An Immediate Safety Need, Olivia Alden
Public Interest Law Reporter
No abstract provided.
Healthcare In America: Assessing The Aca And Medicare-For-All,
2019
Loyola University Chicago, School of Law
Healthcare In America: Assessing The Aca And Medicare-For-All, Thomas Bishop
Public Interest Law Reporter
No abstract provided.
Uncared For In State Care,
2019
Loyola University Chicago, School of Law
Uncared For In State Care, Ashli Giles-Perkins
Public Interest Law Reporter
No abstract provided.
Sex Stereotyping: Whether Title Vii Prohibits Discrimination Against Transgender People,
2019
Loyola University Chicago, School of Law
Sex Stereotyping: Whether Title Vii Prohibits Discrimination Against Transgender People, Connor Q. Hollander
Public Interest Law Reporter
No abstract provided.
International Lessons In The Systematic Adoption Of Felony Restorative Justice In Chicago,
2019
Loyola University Chicago, School of Law
International Lessons In The Systematic Adoption Of Felony Restorative Justice In Chicago, Sean Hux
Public Interest Law Reporter
No abstract provided.
Increased Administrative Roadblocks In Naturalization And Immigration Under President Trump,
2019
Loyola University Chicago, School of Law
Increased Administrative Roadblocks In Naturalization And Immigration Under President Trump, Kyle Johnson
Public Interest Law Reporter
No abstract provided.
Wrongfully Convicted Does Not Need To Mean Wrongfully Compensated: Using State Legislation To Assure Accurate Compensation,
2019
Loyola University Chicago, School of Law
Wrongfully Convicted Does Not Need To Mean Wrongfully Compensated: Using State Legislation To Assure Accurate Compensation, Lilia Valdez
Public Interest Law Reporter
No abstract provided.
Access To Justice: The Law And Political Economy Of The Legal Services Corporation,
2019
Loyola University Chicago, School of Law
Access To Justice: The Law And Political Economy Of The Legal Services Corporation, Bobby Vanecko
Public Interest Law Reporter
No abstract provided.
A Warrant Requirement Resurgence: The Fourth Amendment In The Roberts Court,
2019
FAMU College of Law
A Warrant Requirement Resurgence: The Fourth Amendment In The Roberts Court, Benjamin Priester
Journal Publications
Over many years, the United States Supreme Court has developed an extensive body of precedent interpreting and enforcing the provisions of the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures by law enforcement agents conducting criminal investigations. Commonly called the "warrant requirement," one key component of this case law operates to deem some police investigatory techniques to be unconstitutional unless they are conducted pursuant to a search warrant issued in advance by a judge. The terms of the doctrine and its exceptions also authorize other investigatory actions as constitutionally permissible without a search warrant. The …
Mens Rea Reform And Its Discontents,
2019
University of Colorado Law School
Mens Rea Reform And Its Discontents, Benjamin Levin
Publications
This Article examines the debates over recent proposals for “mens rea reform.” The substantive criminal law has expanded dramatically, and legislators have criminalized a great deal of common conduct. Often, new criminal laws do not require that defendants know they are acting unlawfully. Mens rea reform proposals seek to address the problems of overcriminalization and unintentional offending by increasing the burden on prosecutors to prove a defendant’s culpable mental state. These proposals have been a staple of conservative-backed bills on criminal justice reform. Many on the left remain skeptical of mens rea reform and view it as a deregulatory vehicle …
Exploring Locus Of Control In Offender Cognition And Recidivism Paradigms,
2019
Central Washington University
Exploring Locus Of Control In Offender Cognition And Recidivism Paradigms, Anistasha Lightning, Danielle Polage
All Master's Theses
Working with four Washington State county jails to administer surveys to currently incarcerated inmates, we investigated locus of control and beliefs in the likelihood of continued legal involvement as possible antecedents to criminal recidivism. The surveys examined whether there was any connection between legal involvement frequency and the externalization of locus of control. We investigated external locus of control with specific respect to involvement with the law, the prospect of future incarceration, and feelings concerning the overall cause of original and/or sustained legal involvement utilizing the Revised Causal Dimension Scale (McAuley, Duncan, & Russell, 1992). We identified statistically significant interactions …
Harm, Sex, And Consequences,
2019
Maurer School of Law - Indiana University
Harm, Sex, And Consequences, India Thusi
Articles by Maurer Faculty
At a moment in history when this country incarcerates far too many people, criminal legal theory should set forth a framework for reexamining the current logic of the criminal legal system. This Article is the first to argue that “distributive consequentialism,” which centers the experiences of directly impacted communities, can address the harms of mass incarceration and mass criminalization. Distributive consequentialism is a framework for assessing whether criminalization is justified. It focuses on the outcomes of criminalization rather than relying on indeterminate moral judgments about blameworthiness, or “desert,” which are often infected by the judgers’ own implicit biases. Distributive consequentialism …
A World Of Steel-Eyed Death: An Empirical Evaluation Of The Failure Of The Strickland Standard To Ensure Adequate Counsel To Defendants With Mental Disabilities Facing The Death Penalty,
2019
New York Law School
A World Of Steel-Eyed Death: An Empirical Evaluation Of The Failure Of The Strickland Standard To Ensure Adequate Counsel To Defendants With Mental Disabilities Facing The Death Penalty, Michael L. Perlin, Talia Roitberg Harmon, Sarah Chatt
Articles & Chapters
Anyone who has been involved with death penalty litigation in the past four decades knows that one of the most scandalous aspects of that process—in many ways, the most scandalous—is the inadequacy of counsel so often provided to defendants facing execution. By now, virtually anyone with even a passing interest is well versed in the cases and stories about sleeping lawyers, missed deadlines, alcoholic and disoriented lawyers, and, more globally, lawyers who simply failed to vigorously defend their clients. This is not news.
And, in the same vein, anyone who has been so involved with this area of law and …
Forensic Border Searches After Carpenter Require Probable Cause And A Warrant,
2019
University of Michigan Law School
Forensic Border Searches After Carpenter Require Probable Cause And A Warrant, Christopher I. Pryby
Michigan Law Review
Under the border search doctrine, courts have upheld the federal government's practice of searching people and their possessions upon entry into or exit from the United States, without any requirement of suspicion, as reasonable under the Fourth Amendment. Since the advent of electronic devices with large storage capacities, courts have grappled with whether this definition of reasonableness continues to apply. So far, courts have consistently characterized “nonforensic” border inspections of electronic devices (for example, paging through photos on a phone) as “routine” searches that, like inspecting luggage brought across international lines, require no suspicion. But there is a circuit split …
2018 Camp Courthouse Colloquy, United States Court Of Appeals For The Second Circuit: The Art Of Mediating Intractable Disputes,
2019
Yeshiva University, Cardozo School of Law
2018 Camp Courthouse Colloquy, United States Court Of Appeals For The Second Circuit: The Art Of Mediating Intractable Disputes, George J. Mitchell
Cardozo Journal of Conflict Resolution
In 1974, the Civil Appeals Mediation Program ("CAMP") was established in the Second Circuit of the United States Court of Appeals as a pioneering initiative. CAMP is an integral part of the court's appellate process and provides mediation in suitable, counseled civil appeals that are eligible under Local Rule 33.1. In 2017, CAMP inaugurated the Courthouse Mediation Colloquy series to gather members of the judiciary, members of the bar, mediators, academics, and students in an informal, educational setting. The Colloquy features a distinguished guest engaging in a conversation with a representative of the court about aspects of mediation that are …
Elder Restorative Justice,
2019
Syracuse University College of Law
Elder Restorative Justice, Mary Helen Mcneal, Maria Brown
Cardozo Journal of Conflict Resolution
This article explores the viability of utilizing restorative principles to address elder abuse and recommends the continuing implementation of an "elder restorative justice" paradigm. Part I describes the widespread problem of elder exploitation and possible reasons for it, and Part II outlines current strategies to address it. Part III offers an overview of restorative principles, with a description of selected models. In Part IV, this paper reviews restorative approaches currently addressing elder abuse, and their benefits and challenges. Part V analyzes the applicability of the restorative models outlined above to the elder abuse context, assessing the most effective options for …
Judges' Misuse Of Contempt In Criminal Cases And Limits Of Advocacy,
2019
Washington University in St. Louis School of Law
Judges' Misuse Of Contempt In Criminal Cases And Limits Of Advocacy, Peter A. Joy
Scholarship@WashULaw
This article examines the conduct of Judge Julius Hoffman and the defense lawyers, William Kunztler and Leonard Weinglas, in the Chicago Eight Trial. The article presents lessons from the Chicago Eight Trial about the limits of a judge's contempt authority against defense lawyers in criminal matters, and how far a defense lawyer may go in advocating for a client without being liable for contempt of court.
