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The Visit, Jiordan Castle 2013 The University of San Francisco

The Visit, Jiordan Castle

Creative Activity and Research Day - CARD

I will be reading a creative essay constructed for Professor Ryan Van Meter's spring 2012 workshop in nonfiction. English Department Chair Dean Rader assisted me in getting my paper chosen for presentation (with a Q&A session) at the upcoming Sigma Tau Delta International Convention this month. The essay is about visiting my father in prison as a teenager and relates to race relations and our justice system in a personal, yet unsentimental way.


Reply Brief For Appellant, Ramirez V. Nietzel, Melissa N. Henke 2013 University of Kentucky College of Law

Reply Brief For Appellant, Ramirez V. Nietzel, Melissa N. Henke

Law Faculty Advocacy

No abstract provided.


Kosilik V. Spencer: Gender Identity Disorder In Prison: What Constitututes An Eighth Amendment Violation When It Come To Medical And Mental Heath Treatment Of Inmates, Andrea Chiz Plyler 2013 North Carolina Central University School of Law

Kosilik V. Spencer: Gender Identity Disorder In Prison: What Constitututes An Eighth Amendment Violation When It Come To Medical And Mental Heath Treatment Of Inmates, Andrea Chiz Plyler

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.


Banning The Hijab In Prisons: Violations Of Incarcerated Muslim Women's Right To Free Exercise Of Religion, Ali Ammoura 2013 Chicago-Kent College of Law

Banning The Hijab In Prisons: Violations Of Incarcerated Muslim Women's Right To Free Exercise Of Religion, Ali Ammoura

Chicago-Kent Law Review

Muslim American women who wear the hijab, or Islamic headscarf, face religious discrimination in nearly every aspect of their public life. They even face it during arrest or incarceration. Law enforcement officials often force Muslim women to remove their hijab while in custody, which both degrades and humiliates them in the process. But prison policies that prohibit incarcerated Muslim women from wearing the hijab violate their right to free exercise of religion. Penal institutions should not prevent incarcerated Muslim women from wearing a hijab without compelling reasons, especially when such policies often arise out of religious discrimination. Courts must …


After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis 2013 American University Washington College of Law

After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis

Scholarly Articles in Law Reviews & Journals

This article examines a profession where women have made great strides - corrections. Using an equality framework, corrections and other non-traditional professions were the first target of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than …


Federal Incarceration By Contract In A Post-Minneci World: Legislation To Equalize The Constitutional Rights Of Prisoners, Allison L. Waks 2013 University of Michigan Law School

Federal Incarceration By Contract In A Post-Minneci World: Legislation To Equalize The Constitutional Rights Of Prisoners, Allison L. Waks

University of Michigan Journal of Law Reform

In the 2012 case Minneci v. Pollard, the United States Supreme Court held that federal prisoners assigned to privately-run prisons may not bring actions for violations of their Eighth Amendment right against cruel and unusual punishment and may instead bring actions sounding only in state tort law. A consequence of this decision is that the arbitrary assignment of some federal prisoners to privately-run prisons deprives them of an equal opportunity to vindicate this federal constitutional right and pursue a federal remedy. Yet all federal prisoners should be entitled to the same protection under the United States Constitution-regardless of the type …


Demystifying “Pornography”: Tailoring Special Release Conditions Concerning Pornography And Sexually Oriented Expression, Laura A. Napoli 2013 University of Chicago Law School

Demystifying “Pornography”: Tailoring Special Release Conditions Concerning Pornography And Sexually Oriented Expression, Laura A. Napoli

The University of New Hampshire Law Review

[Excerpt] “This article examines the design of special release conditions and the problems that arise when such conditions do not comport with constitutional standards. Part I provides a general overview of the First Amendment issues that often arise with respect to special release conditions. Part II discusses the current state of the law and classifies the types of bans defendants have encountered in supervised release conditions. Part III explains the factors that are frequently considered in assessing the validity of special release conditions, and Part IV suggests a new approach for evaluating the constitutionality of special release conditions. The article …


Isolated Confinement In Michigan: Mapping The Circles Of Hell, Elizabeth Alexander, Patricia Streeter 2013 University of Michigan Law School

Isolated Confinement In Michigan: Mapping The Circles Of Hell, Elizabeth Alexander, Patricia Streeter

Michigan Journal of Race and Law

For the past twelve months, there has been a burgeoning campaign to abolish, or greatly reduce, the use of segregated confinement in prisons. Advocates for the campaign call such classifications "solitary confinement" despite the fact that in some states, like New York, prisoners in these cells are often double-celled. The Michigan Department of Corrections, as well as other prison systems, uses labels such as "segregation," "special management," "special housing," and "observation" for these classifications. Prisoners ordinarily use traditional terms, such as "the hole." In this Essay we will refer to such restrictive classifications as "segregation" or "segregated confinement." Our perspective …


The Federal Bureau Of Prisons: Willfully Ignorant Or Maliciously Unlawful?, Deborah Golden 2013 D.C. Prisoners' Project of the Washington Lawyers' Committee for Civil Rights and Urban Affairs

The Federal Bureau Of Prisons: Willfully Ignorant Or Maliciously Unlawful?, Deborah Golden

Michigan Journal of Race and Law

The Federal Bureau of Prisons ("BOP") and the larger U.S. government either purposely ignore the plight of men with serious mental illness in the federal prison system or maliciously act in violation of the law. I have no way of knowing which it is. In a complex system comprising many individual actors, motivations are most likely complex and contradictory. Either way, uncontrovertibly, the BOP and the U.S. government, against overwhelming evidence to the contrary, continuously assert that there are no men with serious mental illnesses housed in the federal supermax prison, the Administrative Maximum facility in Florence, Colorado, also known …


Lake View – A Roadmap For Asserting The Rights Of The Jailed Mentally Ill, Bettina Brownstein 2013 University of Arkansas Little Rock

Lake View – A Roadmap For Asserting The Rights Of The Jailed Mentally Ill, Bettina Brownstein

University of Arkansas at Little Rock Law Review

No abstract provided.


An Exploration Of Drug Trafficking Among Female Offenders In The Caribbean, Dianne Berger-Hill 2013 Old Dominion University

An Exploration Of Drug Trafficking Among Female Offenders In The Caribbean, Dianne Berger-Hill

Sociology & Criminal Justice Theses & Dissertations

This thesis is an exploratory study examining drug trafficking among female offenders under the custodial care of the Trinidad and Tobago Prison Service. The female offenders were interviewed using a semi-structured interview guide that inquired into how they were recruited, why they decided to traffic drugs, did they join in with friends, were family members or relatives involved in the activity, or did they initiate it on their own, and if their childhood experiences influenced them into getting involved with drug trafficking. Themes were identified during the course of the data analysis. More than half of the female offenders were …


What The Sentencing Commission Ought To Be Doing Reducing Mass Incarceration, Lynn Adelman 2013 University of Michigan Law School

What The Sentencing Commission Ought To Be Doing Reducing Mass Incarceration, Lynn Adelman

Michigan Journal of Race and Law

Beginning in the 1970s, the United States embarked on a shift in its penal policies, tripling the percentage of convicted felons sentenced to confinement and doubling the length of their sentences. This shift included a dramatic increase in the prosecution and incarceration of drug offenders. As a result of its move toward long prison sentences, the United States now incarcerates so many people that it has become an outlier; this is not just among developed democracies, but among all nations, including highly punitive states such as Russia and South Africa, and also in comparison to the United States' own long-standing …


Criminal Justice, Local Democracy, And Constitutional Rights, Stephen J. Schulhofer 2013 New York University Law School

Criminal Justice, Local Democracy, And Constitutional Rights, Stephen J. Schulhofer

Michigan Law Review

Universally admired, and viewed with great affection, even love, by all who knew him, Harvard law professor Bill Stuntz died in March 2011 at the age of fifty-two, after a long, courageous battle with debilitating back pain and then insurmountable cancer. In a career that deserved to be much longer, Stuntz produced dozens of major articles on criminal law and procedure. He was a leader in carrying forward the work of scholars who had analyzed criminal justice through the lens of economic analysis, and he added his own distinctive dimension by insisting on the importance of political incentives, with their …


Waylaid By A Metaphor: A Deeply Problematic Account Of Prison Growth, John F. Pfaff 2013 Fordham Law School

Waylaid By A Metaphor: A Deeply Problematic Account Of Prison Growth, John F. Pfaff

Michigan Law Review

The incarceration rate in the United States has undergone an unprecedented surge since the 1970s. Between 1925 and 1975, the U.S. incarceration rate hovered around 100 per 100,000. Since then, that rate soared to 504 in 2009, dropping only slightly to 500 in 2010. In absolute numbers, the U.S. prison population grew from 241,000 in 1975 to 1.55 million in 2010. Not just exceptional by historical standards, this boom is unparalleled globally: the United States has the highest incarceration rate in the world. Despite having just 5 percent of the world's population, it houses nearly 25 percent of the world's …


You’Re Under Arrest—Say Ah: Suggestions For Legislatures Drafting Statutes Allowing Dna Extraction From Arrestees, Alex Sugzda 2013 Washington and Lee University School of Law

You’Re Under Arrest—Say Ah: Suggestions For Legislatures Drafting Statutes Allowing Dna Extraction From Arrestees, Alex Sugzda

Washington and Lee Law Review

No abstract provided.


Walking A Thin Blue Line: Balancing The Citizen's Right To Record Police Officers Against Officer Privacy, Rebecca G. Van Tassell 2013 Brigham Young University Law School

Walking A Thin Blue Line: Balancing The Citizen's Right To Record Police Officers Against Officer Privacy, Rebecca G. Van Tassell

BYU Law Review

No abstract provided.


Community Control Over Camera Surveillance: A Response To Bennett Capers's "Crime, Surveillance, And Communities", Christopher Slobogin 2013 Vanderbilt University Law School

Community Control Over Camera Surveillance: A Response To Bennett Capers's "Crime, Surveillance, And Communities", Christopher Slobogin

Vanderbilt Law School Faculty Publications

Professor Capers's article helps stimulate thinking about the way in which community views and individual rights interact. In my view, where police propose to conduct surveillance of groups, as occurs with camera surveillance (including the newly developing drone camera systems)', the affected group should be heavily involved in the authorization process. If the surveillance is authorized, care must be taken to ensure that all members of the group are equally affected by it unless and until individualized suspicion, proportionate to the intrusion, develops. That formula ensures that the interests of both the collective and the individual are protected.


Comments On Maryland V. King In 'U.S. Supreme Court To Hear Arguments Over Md. Dna Case: Justices' Decision Will Have National Implications On Future Crime-Fighting Procedures', Colin Starger 2013 University of Baltimore School of Law

Comments On Maryland V. King In 'U.S. Supreme Court To Hear Arguments Over Md. Dna Case: Justices' Decision Will Have National Implications On Future Crime-Fighting Procedures', Colin Starger

All Faculty Scholarship

No abstract provided.


Recidivism And Juvenile Offenders: The Role Of The Counselor, William C. Gordon 2013 Pepperdine University

Recidivism And Juvenile Offenders: The Role Of The Counselor, William C. Gordon

Pepperdine Law Review

No abstract provided.


The Policeman's Duty And The Law Pertaining To Citizen Encounters, Charles M. Oberly III 2013 Pepperdine University

The Policeman's Duty And The Law Pertaining To Citizen Encounters, Charles M. Oberly Iii

Pepperdine Law Review

In this article the author, by case analysis, identifies the confusion facing police officers when dealing with stop and frisk situations and suggests adoption of the Model Rules of Stop and Frisk as a possible solution to the problem.


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