Responding To Police Perjury,
2025
Tulane Juvenile Law Clinic
Responding To Police Perjury, David R. Katner
Cleveland State Law Review
The way in which defense lawyers phrase their challenges in criminal proceedings where police witnesses are thought to have committed perjury might place decisionmakers in the awkward position of unintentionally or intentionally coming to the aid of the witnesses who are unable to defend themselves during closing arguments. This article proposes a shift in the paradigm of how defense counsel characterize and handle testimony that seems untruthful, without having to engage in tactics that intend to be disrespectful to all police officers, let alone to the witnesses in the trial. Creating a continuum from absolute truthfulness to absolute untruthfulness and …
Making Criminal Penalties Collar-Blind On The Federal Level,
2025
St. Thomas University Benjamin L. Crump College of Law
Making Criminal Penalties Collar-Blind On The Federal Level, Claire Osborn-Wright
Cleveland State Law Review
This paper is intended to be the first in a series of papers that addresses whether lower income individuals suffer all of the following at much higher rates than their percentage of the population would suggest should be the case: (1) police stops for questioning; (2) arrests; (3) prosecutions; (4) convictions; and (5) lengthy post-conviction incarcerations. In particular, this first paper addresses the question of whether prison sentences imposed for “blue-collar crimes” are significantly longer than prison sentences imposed for “white-collar crimes.” In general, “blue-collar crimes” refer to crimes that are committed by individuals who possess blue-collar professions and “white-collar …
Brief Of Law Professors As Amici Curiae In Support Of Plaintiff-Appellees,
2025
American University Washington College of Law
Brief Of Law Professors As Amici Curiae In Support Of Plaintiff-Appellees, Ira P. Robbins
Amicus Briefs & Court Filings
INTRODUCTION: The Executive Order at issue in these appeals targets a small and uniquely vulnerable minority of transgender women—those currently housed in federal women’s prisons—by commanding the Federal Bureau of Prisons (BOP) to transfer them immediately to men’s facilities. Amici file in support of Plaintiffs-Appellees (hereinafter “Plaintiffs”), to address two procedural arguments made by Defendants-Appellants (“the government”). First, Congress has not eliminated federal court jurisdiction to decide Plaintiffs’ challenge to the transfer provisions of the Executive Order. Second, the government overreads the Prison Litigation Reform Act (PLRA); Plaintiffs’ lawsuit is not improper or premature under that statute’s exhaustion requirement because …
Price (Anthony) V. The Second Judicial District Court, 141 Nev. Adv. Op. 17 (Apr. 17, 2024),
2025
University of Nevada, Las Vegas -- William S. Boyd School of Law
Price (Anthony) V. The Second Judicial District Court, 141 Nev. Adv. Op. 17 (Apr. 17, 2024), Ayanna Pope
Nevada Supreme Court Summaries
DISTRICT COURTS CANNOT FIND A FELONY DEFENDANT COMPETENT TO STAND TRIAL AFTER A PRIOR INCOMPETENCY DETERMINATION WITHOUT INPUT FROM THE ADMINISTRATION OF THE DIVISION OF PUBLIC AND BEHAVIORAL HEALTH.
The Expungement Process: Survey Evidence On Applicant Experiences,
2025
University of Michigan Law School
The Expungement Process: Survey Evidence On Applicant Experiences, Mira Edmonds, J.J. Prescott, Sonja Starr, German Marquez Alcala
Articles
Tens of millions of Americans with publicly accessible criminal convictions face significant collateral consequences that affect their employment, housing, and family life, which not only harm these individuals but also limit society’s access to their skills, productivity, and participation. In response, policymakers have enlarged the scope and enhanced the accessibility of criminal-record expungement laws. Little is known, however, about how individuals perceive, navigate, and take advantage of these new, broader laws. This Article presents findings from a large-scale survey of 1,439 expungement applicants and recipients in Detroit, conducted in partnership with Project Clean Slate (PCS), a city initiative assisting residents …
Benjamin Ferencz In The Cold War,
2025
McGill University
Benjamin Ferencz In The Cold War, Noah Weisbord
Cardozo International & Comparative Law Review
The article explores Benjamin Ferencz's advocacy for international law and his role in shaping the legal frameworks of the post-World War II era, particularly his efforts to define aggression and establish the International Criminal Court. It contrasts Ferencz's idealism with the pragmatic approaches of Henry Kissinger and the diplomatic strategies of Dag Hammarskjold, highlighting the challenges of the Cold War international order and its failure to address individual threats, exemplified by A.Q. Khan's nuclear proliferation.
Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression,
2025
NYU Center for Global Affairs
Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan
Cardozo International & Comparative Law Review
The article advocates for amending the Rome Statute to strengthen the International Criminal Court's (ICC) jurisdiction over the crime of aggression. It argues that the current jurisdictional regime, established by the 2010 Kampala amendments, is too limited, creating double standards and undermining the rule of law. The author calls for harmonizing the ICC's jurisdiction over the crime of aggression with its jurisdiction over other crimes, such as genocide and war crimes, to ensure consistent and universal accountability.
The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law,
2025
NYU Center for Global Affairs
The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law, David Donat Cattin
Cardozo International & Comparative Law Review
The article explores the evolution and role of "other inhumane acts" as a residual category within the definition of crimes against humanity, tracing its development from the Nuremberg trials through the Rome Statute of the International Criminal Court (ICC). It highlights the potential of this category to adapt to new forms of atrocities and discusses the challenges and opportunities in aligning future treaty developments with existing legal frameworks.
No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform,
2025
Peking University School of Transnational Law
No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon
Cardozo International & Comparative Law Review
The article argues that the International Criminal Court's (ICC) system for victim reparations is fundamentally flawed due to mission dissonance between its punitive and restorative goals, insufficient funding, and procedural limitations. It proposes the creation of an independent Atrocity Victim Reparations Tribunal (AVRT) under the UN to address these issues, ensuring more effective and victim-centered reparations.
Bodies Are Not Battlegrounds: Sexual And Gender-Based Violence As A War Tactic: A Ukrainian Case Study,
2025
Benjamin N. Cardozo School of Law
Bodies Are Not Battlegrounds: Sexual And Gender-Based Violence As A War Tactic: A Ukrainian Case Study, Marina Coriale
Cardozo International & Comparative Law Review
The note examines the use of sexual and gender-based violence (SGBV) as a weapon of war, with a focus on conflict-related sexual violence (CRSV) in Ukraine. It highlights the legal frameworks and precedents established by international courts and tribunals, such as the Rome Statute, the ICTY, and ICTR, to prosecute CRSV as war crimes, crimes against humanity, and genocide. The analysis underscores the challenges faced by survivors in seeking justice and the importance of addressing root causes like gender inequality. It advocates for strengthened legal mechanisms, accountability, and reparations to promote healing and deter future atrocities.
Data-Driven Police Profiling,
2025
Vanderbilt University Law School
Data-Driven Police Profiling, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Police departments increasingly rely on algorithms and other data- driven methods of identifying high-crime areas andpeople who are at high risk for involvement in crime. This Article examines several constitutional obstacles to this type ofpolicing. First, to the extent that these algorithms rely on data entitled to privacy protection, they may violate the Fourth Amendment. Second, the steps police take in response to a "hot" place or person designation must also be subject to constitutional regulation. Further, the principle of legality should prohibit the police from acting on any risk designation, even one that is very likely accurate, in the …
Garcia V. State, 141 Nev. Adv. Op. 16 (Apr. 17, 2025),
2025
University of Nevada, Las Vegas -- William S. Boyd School of Law
Garcia V. State, 141 Nev. Adv. Op. 16 (Apr. 17, 2025), Grace Michaelson
Nevada Supreme Court Summaries
THE DISTRICT COURT PROPERLY DENIED RELIEF BECAUSE PAROLE ELIGIBILITY FOR JUVENILE NONHOMICIDE OFFENDERS ARISES BY OPERATION OF LAW AND DOES NOT REQUIRE RESENTENCING OR CORRECTION OF A LAWFUL JUDGMENT.
State V. Desavio, 141 Nev. Adv. Op. 25 (May 22, 2025),
2025
University of Nevada, Las Vegas -- William S. Boyd School of Law
State V. Desavio, 141 Nev. Adv. Op. 25 (May 22, 2025), William Ewell
Nevada Supreme Court Summaries
DISMISSAL OF CLAIM WITHOUT PREJUDICE APPROPRIATE NEXT STEP WHEN STATE AGENCY FAILS TO REMEDY ONGOING PREJUDICE AGAINST INCOMPETENT DEFENDANT IN VIOLATION OF COURT ORDER
State Of Nevada V. Eighth Judicial District Court, 141 Nev. Adv. Op. 27 (June 5, 2025).,
2025
University of Nevada, Las Vegas -- William S. Boyd School of Law
State Of Nevada V. Eighth Judicial District Court, 141 Nev. Adv. Op. 27 (June 5, 2025)., Jacob M. Ginsburg
Nevada Supreme Court Summaries
An order resolving a motion to correct an illegal sentence is not a final judgment or verdict and is therefore appealable by the state.
Kosor, Jr. V. S. Highlands Cmty. Ass’N, 141 Nev. Adv. Op. 34 (Jun. 18, 2025),
2025
University of Nevada, Las Vegas -- William S. Boyd School of Law
Kosor, Jr. V. S. Highlands Cmty. Ass’N, 141 Nev. Adv. Op. 34 (Jun. 18, 2025), Grace Michaelson
Nevada Supreme Court Summaries
A statutory pre-suit alternative dispute resolution requirement, like NRS 38.310, is a mandatory procedural rule, not a jurisdictional bar, and may be waived or forfeited if not timely raised.
Efektivitas Ancaman Pidana Denda Terhadap Pertambangan Tanpa Izin Dalam Amandemen Undang-Undang Minerba,
2025
Universitas Atma Jaya Yogyakarta
Efektivitas Ancaman Pidana Denda Terhadap Pertambangan Tanpa Izin Dalam Amandemen Undang-Undang Minerba, Y. Sri Pudyatmoko
Jurnal Hukum & Pembangunan
The aim of this research is to analyze the effectiveness of the threat of criminal fines in amendments to the Law on Minerals and Coal. One of the things that stands out in the amendments to the Law on Mineral and Coal is the change in the threat of criminal sanctions against perpetrators of mining without a permit, from the original threat of a maximum prison sentence of 10 years to 5 years, and a maximum fine of 10 billion rupiah to 100 billion rupiah. This article examines these arrangements. In this paper, doctrinal research and comparison of a number …
Robbing The Cradle: Georgia's Battle To Enact "Raise The Age" Legislation Through Hb 462,
2025
University of Georgia School of Law
Robbing The Cradle: Georgia's Battle To Enact "Raise The Age" Legislation Through Hb 462, Elizabeth Hammond
Georgia Criminal Law Review
In the state of Georgia, seventeen-year-olds are not old enough under the law to vote or consume alcohol and tobacco products. Despite this, they are old enough to be criminally tried as adults. Georgia is one of three states that continues to process seventeen-year-old juvenile offenders through the criminal justice system instead of juvenile court. In September 2023, forty-five juveniles were prosecuted as adults and incarcerated in Georgia prisons. This is significant because juvenile offenders experience better outcomes when they are processed through the juvenile court system because juvenile courts account for a youth’s “naturally high capacity for change and …
The Shadow Pandemic: The Response To Domestic Violence In The Wake Of Covid-19 And What We Can Carry Forward,
2025
University of Georgia School of Law
The Shadow Pandemic: The Response To Domestic Violence In The Wake Of Covid-19 And What We Can Carry Forward, Presley Sneed
Georgia Criminal Law Review
When the COVID-19 virus brought the pandemic to the United States in March of 2020, the legal system was not prepared for the increase in domestic and intimate partner violence that would follow. The United Nations (UN) later identified this social phenomenon as a second pandemic, a “shadow pandemic” that resulted from an increase in stay-at-home orders and a decrease in support services for victims. By the end of 2021, forty-five percent of women globally reported either they themselves or a woman they know had experienced some form of domestic or intimate partner violence since the emergence of COVID-19. One …
Time To Put Down Iq Testing: Analyzing The Unreliability Of Iq Testing In Capital Offenses,
2025
University of Georgia School of Law
Time To Put Down Iq Testing: Analyzing The Unreliability Of Iq Testing In Capital Offenses, Nik Giyanani
Georgia Criminal Law Review
Georgia sentences individuals with intellectual disability (“ID”) to death at an alarming rate. As a result, Georgia has likely executed individuals with ID in violation of the United States Constitution already. These unjust executions are a result of the impossibly high “beyond a reasonable doubt” burden of proof that capital defendants in only Georgia must meet to prove they are intellectually disabled. One large hurdle for defendants attempting to meet this standard is the unreliability of IQ testing. IQ testing, a soft science, provides inconsistent results due to ever-changing variables in the testing process. Additionally, the generally accepted threshold IQ …
The Confined Life: Restrictions On Post-Conviction Sex Offenders Meets Habeas Corpus's "In Custody" Requirement,
2025
University of Georgia School of Law
The Confined Life: Restrictions On Post-Conviction Sex Offenders Meets Habeas Corpus's "In Custody" Requirement, Christian Futch
Georgia Criminal Law Review
Clements v. Florida is a recent Eleventh Circuit decision holding that the court could not hear the habeas petition of a post-conviction sex offender in Florida since he failed to meet the “in custody” requirement for filing a habeas petition. However, the Eleventh Circuit did not consider the land restrictions in place against the petitioner and other sex offenders in Florida. This decision may leave sex offenders without an avenue to challenge the restrictions in place against them. Such restrictions have led to homelessness and poverty leaving sex offenders with no place to work or live, in poverty, as outcasts …
