Criminal Procedure Commons^™

Federal Compassionate Release Principles: Defining The Contours Of Analyses Under The “Other Reasons” Bucket, Hannah Jacobs

American University Law Review

The U.S. Sentencing Commission’s new policy statement regarding 18 U.S.C. § 3582(c)(1)(A) informs federal judges’ sentence reduction analyses. The statement expands the extraordinary and compelling reasons for which district courts may grant compassionate release under the statute’s “Other Reasons” provision. A proper application of this catchall provision requires striking a balance between the broad judicial discretion codified in that provision and the flexibility, certainty, and fairness principles Congress and the Sentencing Commission intended to shape modern compassionate release. This discretion is bound by statutory, policy, and prudential considerations, including fidelity to the totality-of-the-circumstances framework and a case-by-case approach to individual …

Office Intent And Excessive Force, John F. Preis

Law Faculty Publications

In the mayhem that often accompanies a police officer’s use of force, all manner of mistakes and miscalculations can occur. Suspects are accidentally shot, innocent bystanders are bitten by police dogs, and hostages are killed instead of their kidnappers. To what degree may persons harmed by police mistakes obtain relief through excessive force claims?

At present, the answer to this question is surprisingly uncertain. It is clear that an excessive force claim requires that an officer intend to seize the suspect, but it is far less clear whether the officer must also intend the nature and extent of force used …

An Indecent Exposure Of The Rules Of Legal Ethics, Lauren E. Bartlett

All Faculty Scholarship

Thousands of attorneys experience rape and sexual assault by clients, as well as indecent exposure, public masturbation, unwanted touching, verbal threats, and stalking. These incidents are not often publicly reported, but client sexual violence against attorneys is not uncommon. The ethical rules currently fail to account for an attorney who has experienced client sexual violence, whether to allow for termination of representation or to mitigate future harm to other lawyers. While the ethical rules are usually thought of as neutral, this Article critically examines the gender stereotypes and structures of oppression corseting the rules. Relying on a fifty-state survey of …

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Curbing Harmful Force: Mandatory Jiu-Jitsu Training For Police, Mason Arent

Public Interest Law Reporter

No abstract provided.

From Choice To Justice: Examining The Intertwined Oppression Of Abortion Restriction And Family Policing, Casey Callahan

Public Interest Law Reporter

No abstract provided.

The Cbp One App: A Virtual Manifestation Of The American Government's Failure To Uphold Its Moral And Legal Obligations To Asylum Seekers, Joseph Choe

Public Interest Law Reporter

No abstract provided.

Terrorizing Who? Luigi Mangione's Terrorism Charge And The Threat To Capital, Julia Hopkins

Public Interest Law Reporter

No abstract provided.

Ignored By The Legislature, Failed By The Courts: The Uncertain Path Toward Relief For Youth Sex Offenders In Illinois, Lindsay Nicholas

Public Interest Law Reporter

No abstract provided.

No Child Left Behind: Individualized Active Shooter Drill Planning As A Requirement Of A Free, Appropriate Public Education, Anna Patton

Public Interest Law Reporter

No abstract provided.

Disposability And Survival: The Legal And Social Marginalization Of Black Transwomen, Rachel Still

Public Interest Law Reporter

The criminalization of Black transwomen emerges not as an incidental consequence of law but as a deliberate, structural process intertwined with a long history of racial, gendered, and class-based oppression. From the horrors of slavery to contemporary policing, the state has consistently defined and regulated Black trans bodies through a lens of disposability. This article explores the historical and contemporary forces that contribute to the marginalization and criminalization of Black transwomen, emphasizing how race, gender, and socio-economic status intersect to create a landscape of legal violence that continues to shape their lives and deaths.

The experiences of Black transwomen reveal …

Prisons Built On Toxic Sites: Eighth Amendment Protections For Pregnant Incarcerated Persons, Bianca Stockmeier

Public Interest Law Reporter

No abstract provided.

Letter From The Editor-At-Large, Ally Hayes

Public Interest Law Reporter

No abstract provided.

Selected Words From The Collection: The Un Human Right To Adequate Housing, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Resource List, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Table Of Contents

Public Interest Law Reporter

No abstract provided.

Disbelief As Doctrine: People V. Addimando And Evidentiary Barriers To Justice In The Law Of Self-Defense, Rachel Still

Public Interest Law Reporter

No abstract provided.

Public Right Vs. Private Interest: The Role Of Corporate Entities In Eroding Free Expression, Jack Henry

Public Interest Law Reporter

No abstract provided.

Life, Liberty, And The Pursuit Of Insulin: America’S Deadly Pharmaceutical Profiteering Crisis, Elizabeth Hernandez

Public Interest Law Reporter

No abstract provided.

Did The Supreme Court Authorize Kidney Discrimination? An Analysis Of Marietta Memorial Hospital V. Davita Dialysis, Emily Miller

Public Interest Law Reporter

No abstract provided.