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Statement Of The District Task Force On Jails & Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia Performance Oversight Hearing For The D.C. Department Of Corrections March 1, 2023, Katherine S. Broderick 2023 University of the District of Columbia

Statement Of The District Task Force On Jails & Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia Performance Oversight Hearing For The D.C. Department Of Corrections March 1, 2023, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.


Carceral Socialization As Voter Suppression, Danieli Evans 2023 University of Washington School of Law

Carceral Socialization As Voter Suppression, Danieli Evans

Articles

In an era of mass incarceration, many people are socialized through interactions with the carceral state. These interactions are poweful learning experiences, and by design, they are contrary to democratic citizenship. Citizenship is about belonging to a community of equals, being entitled to mutual respect and concern. Criminal punishment deliberately harms, subordinates, and stigmatizes. Encounters with the carceral system are powerful experiences of anti-democratic socialization, and they impact peoples' sense of citizenship and trust in government. Accordingly, a large body of social science research shows that eligible voters who have carceral contact are significantly less likely to vote or to …


Special Issue “Energy Transition And Environmental Sustainability”, Prafula Pearce 2023 Edith Cowan University

Special Issue “Energy Transition And Environmental Sustainability”, Prafula Pearce

Research outputs 2022 to 2026

This Special Issue on “Energy Transition and Environmental Sustainability” includes thirteen papers on policies including: the challenges of the United Nations Sustainable Development Goals regarding energy transition and legal reforms in Taiwan and Japan [1] successful energy transition toward solar PV in South Korea [2]; transition from diesel buses to hybrid-driven (HEV) and electricity-driven buses (BEV) for public transport in Central Europe [3]; vehicle transition and the development of electric car production in three regions, the United States, the European Union and Japan [4]; affordable and environmentally friendly cooling solutions for buildings in Pakistan [5]; development of projects to replace …


Statement Of The District Task Force On Jails & Justice Before The Committee On Facilities & Family Services Performance Oversight Hearing For The Department Of General Services February 28, 2023, Katherine S. Broderick 2023 University of the District of Columbia

Statement Of The District Task Force On Jails & Justice Before The Committee On Facilities & Family Services Performance Oversight Hearing For The Department Of General Services February 28, 2023, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.


Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Performance Oversight Hearing For The Deputy Mayor For Public Safety & Justice, Katherine S. Broderick 2023 University of the District of Columbia

Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Performance Oversight Hearing For The Deputy Mayor For Public Safety & Justice, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.


Rounding Up The Three-Fifths Clause: Eradicating Prison Gerrymandering In The South, Abigail N. Falk 2023 Pepperdine University

Rounding Up The Three-Fifths Clause: Eradicating Prison Gerrymandering In The South, Abigail N. Falk

Pepperdine Law Review

This Comment examines the phenomenon of prison gerrymandering, a practice that involves counting prisoners as residents of the counties where their state correctional facilities are located—rather than in their home communities—for redistricting and representational purposes. This practice of counting inflates the voting power of rural, white districts with large prison complexes and diminishes the voting power of minority communities. Prison gerrymandering has become especially pervasive across southern states while many of the South’s northern counterparts have eradicated this practice through legislative reform. This Comment proposes a solution to stop prison gerrymandering in the South, arguing a strategy to produce a …


Reducing Community Violence While Protecting Civil Rights, Kami Chavis 2023 William & Mary Law School

Reducing Community Violence While Protecting Civil Rights, Kami Chavis

Popular Media

No abstract provided.


Marsy's Law: Florida's Victim Classification Protections Are Too Broad And Wrongfully Utilized By Florida Law Enforcement Agencies, Ashley Lee 2023 Pepperdine University

Marsy's Law: Florida's Victim Classification Protections Are Too Broad And Wrongfully Utilized By Florida Law Enforcement Agencies, Ashley Lee

Journal of the National Association of Administrative Law Judiciary

While new trends in legislation may aim to reduce the use of excessive force by law enforcement, some Florida agencies interpreted their state’s Marsy’s Law to protect officers accused of using excessive force. This Comment examines the inappropriateness of Florida’s law enforcement agencies’ interpretation of Marsy’s Law, particularly in the context of the law’s original intentions. This Comment points to a potential solution to this problematic interpretation, advocating for an additional limiting clause that narrowly targets how law enforcement interpreted this statute in the context of excessive force reports.


What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman 2023 Villanova University Charles Widger School of Law

What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Bond Conditions As Fourth Amendment Seizures, Rebecca Laden 2023 Benjamin N. Cardozo School of Law

Bond Conditions As Fourth Amendment Seizures, Rebecca Laden

Cardozo Law Review

No abstract provided.


Policing & The Problem Of Physical Restraint, Steven Arrigg Koh 2023 Boston University School of Law

Policing & The Problem Of Physical Restraint, Steven Arrigg Koh

Faculty Scholarship

The Fourth Amendment of the U.S. Constitution prohibits unreasonable “seizures” and thus renders unlawful police use of excessive force. On one hand, this definition is expansive. In the U.S. Supreme Court’s 2021 Term, in Torres v. Madrid, the Court clarified that a “seizure” includes any police application of physical force to the body with intent to restrain. Crucially, Chief Justice Roberts’ majority opinion emphasized that police may seize even when merely laying “the end of a finger” on a layperson’s body. And yet, the Supreme Court’s Fourth Amendment totality-of-the-circumstances reasonableness balancing test is notoriously imprecise—a “factbound morass,” in the famous …


The Trouble With Time Served, Kimberly Kessler Ferzan 2023 Brigham Young University Law School

The Trouble With Time Served, Kimberly Kessler Ferzan

BYU Law Review

Every jurisdiction in the United States gives criminal defendants "credit" against their sentence for the time they spend detained pretrial. In a world of mass incarceration and overcriminalization that disproportionately impacts people of color, this practice appears to be a welcome mechanism for mercy and justice. In fact, how ever, crediting detainees for time served is perverse. It harms the innocent. A defendant who is found not guilty, or whose case is dismissed, gets nothing. Crediting time served also allows the state to avoid internalizing the full costs of pretrial detention, thereby making overinclusive detention standards less expensive. Finally, crediting …


Searches Without Suspicion: Avoiding A Four Million Person Underclass, Tonja Jacobi, Addie Maguire 2023 Brigham Young University Law School

Searches Without Suspicion: Avoiding A Four Million Person Underclass, Tonja Jacobi, Addie Maguire

BYU Law Review

In Samson v. California, the Supreme Court upheld warrantless, suspicionless searches for parolees. That determination was controversial both because suspicionless searches are, by definition, anathema to the Fourth Amendment, and because they arguably undermine parolees’ rehabilitation. Less attention has been given to the fact that the implications of the case were not limited to parolees. The opinion in Samson included half a sentence of dicta that seemingly swept probationers into its analysis, implicating the rights of millions of additional people in the United States. Not only is analogizing parolees and probationers not logically sound because the two groups differ in …


Effective Communication With Deaf, Hard Of Hearing, Blind, And Low Vision Incarcerated People, Civil Rights Litigation, Tessa Bialek, Margo Schlanger 2023 University of Michigan Law School

Effective Communication With Deaf, Hard Of Hearing, Blind, And Low Vision Incarcerated People, Civil Rights Litigation, Tessa Bialek, Margo Schlanger

Articles

Tens of thousands of people incarcerated in jails and prisons throughout the United States have one or more communication disabilities, a term that describes persons who are deaf, hard of hearing, blind, low vision, deafblind, speech disabled, or otherwise disabled in ways that affect communication. Incarceration is not easy for anyone, but the isolation and inflexibility of incarceration can be especially challenging, dangerous, and further disabling for persons with disabilities. Correctional entities must confront these challenges; the number of incarcerated persons with communication disabilities—already overrepresented in jails and prisons—continues to grow as a proportion. Federal antidiscrimination law obligates jails and …


Rights Without A Remedy: Detained Immigrants And Unlawful Conditions Of Confinement, Brandon Galli-Graves 2023 Brigham Young University Law School

Rights Without A Remedy: Detained Immigrants And Unlawful Conditions Of Confinement, Brandon Galli-Graves

BYU Law Review

No abstract provided.


Law Enforcement Leadership And Organizational Culture In A Post-2020 Society, Carlos A. Perkins 2023 Marshall University

Law Enforcement Leadership And Organizational Culture In A Post-2020 Society, Carlos A. Perkins

Theses, Dissertations and Capstones

The purpose of this qualitative pilot study was to investigate the perceptions of selected law enforcement leaders regarding the impending transition in law enforcement agencies in a post-2020 society. Specific elements of this transition investigated included recruitment, training, socialization, leadership roles/qualifications, change strategies/process, stakeholder involvement, and measures of success. Purposeful, convenience, and snowball sampling were used to select study participants. Study participants (N=21) were active sworn law enforcement leaders in a law enforcement agency in North Carolina. Participants possessed a broad range of law enforcement years of experience and/or leadership/supervisory experience at a minimum rank of lieutenant. Semi-structured interviews were …


Defunding C.O.P.S.: Conditioning Federal Funding To State And Local Law Enforcement Agencies Upon The Implementation Of A Program That Screens Its Current And Future Officers For White Supremacist Affiliations, Jerron R. Wheeler 2023 University of Maryland Francis King Carey School of Law

Defunding C.O.P.S.: Conditioning Federal Funding To State And Local Law Enforcement Agencies Upon The Implementation Of A Program That Screens Its Current And Future Officers For White Supremacist Affiliations, Jerron R. Wheeler

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The 2022 Alabama Executions And The Crisis Of American Capital Punishment, Alexandra L. Klein 2023 Washington and Lee University School of Law

The 2022 Alabama Executions And The Crisis Of American Capital Punishment, Alexandra L. Klein

Scholarly Articles

The Death Penalty Information Center described 2022 as “the year of the botched execution” in its 2022 Annual Report. Alabama’s execution errors were especially serious: it attempted to execute four people, botched three of its four executions, and ultimately called off two executions. Alabama’s 2022 executions and its errors are the culmination of common problems in capital punishment across the United States. A full understanding of capital punishment requires an analysis of individual cases, including executions, and analysis of how that case fits within the system of capital punishment. Evaluating a single case may reveal unfairness and arbitrariness, but tracking …


Reforming Eyewitness Identification Processes: Challenges And Recommendations For Successful Implementation, Daniel Manley 2023 Mitchell Hamline School of Law

Reforming Eyewitness Identification Processes: Challenges And Recommendations For Successful Implementation, Daniel Manley

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


(How) Is Prison Philosophy Public?, Shannon Fyfe, Amy McKiernan, Elizabeth Lanphier 2023 Washington and Lee University School of Law

(How) Is Prison Philosophy Public?, Shannon Fyfe, Amy Mckiernan, Elizabeth Lanphier

Scholarly Articles

In this essay we reflect on our shared experiences participating in a prison philosophy program, to consider just how our philosophical activities inside prison, and our related work outside, were—or were not—“public.” Some may also wonder if all the activities we describe are instances of “philosophy.” We take it that they are, insofar as they all engage teaching or reflecting on philosophy, deploying philosophical skills (including critical thinking, writing, and argumentation), or rely on philosophical concepts, including from feminist and critical race theory and praxis. However, we also suggest ways in which this work highlights the need to further refine …


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