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The Problem of Habitual Offender Laws in States with Felony Disenfranchisement

office due to felony disenfranchisement laws. Thus, habitual offender laws target a formally disenfranchised group—people with felony convictions. That creates an archetypal political process problem. As ... he should raise that concern in the political arena, not the courts, and cast his vote accordingly. The problem for Brooker, and the one that animates this Article, is that he cannot vote. Because of

The Conundrums of Hate Crime Prevention

could prevent hate crimes from occurring in the first place. Those measures potentially include educational initiatives, conflict resolution programs, political reforms, social services, or other ... , political reforms, social services, or other proactive efforts aimed at the root causes of hate crimes. Focusing on the public conversation around anti-Asian hate crimes, this Essay argues that very

Judicial Resistance to New York's 2020 Criminal Legal Reforms

popular and political will to pass the reforms must extend beyond the passage of the law and must also create mechanisms to scrutinize, guide, and support the judiciary’s implementation of the law. ... . Although these reforms were democratic and popular, judges were not sufficiently incentivized to properly implement the changes. If reforms are to succeed, the popular and political will to pass the reforms

The Political Economy of Entrapment

Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons - THE POLITICAL ECONOMY OF ENTRAPMENT RICHARD H. MCADAMS* INTRODUCTION By the time she was eighteen, Amy ... consider and critique the literature that seeks to justify the defense based on retributive theory, utilitarian theory, and political/institutional concerns. In each case, I do not claim that there is no

Risk-Based Sentencing and the Principles of Punishment

, INEQUALITY 247–48 (1993); G.A. Cohen, How to do Political Philosophy, in ON THE CURRENCY OF EGALITARIAN JUSTICE, AND OTHER ESSAYS IN POLITICAL PHILOSOPHY 228–29 (Michael Otsuka ed., 2011). to be punished.162 ... grateful to participants at the Stanford Law and Philosophy workshop for feedback on an early draft of this paper. And I owe special thanks to Juliana Bidadanure, Jessica Eaglin, James Forman Jr., Aziz Huq

Reconceiving Coercion-Based Criminal Defenses

is (prima facie) wrongful because it puts wrongful pressure on [the target’s] freedom to do otherwise.”); Mitchell Berman, Blackmail, in THE OXFORD HANDBOOK ON THE PHILOSOPHY OF THE CRIMINAL LAW 37, 62 ... personal or social characteristics such as psychological or emotional vulnerability, economic hardship, lack of a social safety net, and experience of natural disasters or political instability.56

Afterword to Lunatics and Anarchists: Political Homicide in Chicago

Northwestern University School of Law Scholarly Commons Part of the Criminal Law Commons; Criminology Commons; and the Criminology and Criminal - AFTERWORD TO "LUNATICS AND ANARCHISTS: POLITICAL HOMICIDE IN

Mass Incarceration Paradigm Shift?: Convergence in an Age of Divergence

developments suggest that American penal philosophy may be inching toward norms—dignity, proportionality, legitimacy, and rehabilitation—that have checked draconian prison terms in Europe, Canada, and beyond. In ... divergence or convergence in penal philosophy. Notwithstanding the ebb and flow of penal attitudes, certain long-term trends have emerged in Western societies. They encompass a narrowing scope of offenders

LARAI portal provides a safe method for lateral meniscus repair: three-dimensional computed tomography and cadaveric assessment

. Kim SJ , Kim HJ ( 2001 ) High portal: practical philosophy for positioning portals in knee arthroscopy . Arthroscopy 17 : 333 - 337 18. Kim SJ , Park IS ( 2004 ) Arthroscopic resection for the unstable

Should the Government Recognize Same-Sex Marriage? Session Two: Legal, Equitable, and Political Issues

beat up on the other side a little more. SESSION TWO: LEGAL, EQUITABLE, AND POLITICAL ISSUES MADIGAN: This panel will focus on legal issues. I'll go down our list of esteemed speakers in alphabetical

Like Putting Lipstick on a Pig: Why the History of Crime Control Should Compel the Prohibition of Incentivized Witness Testimony Under Fundamental Fairness Principles

later bureaucratic policing institutions through taxes and political influence.25 In the North, those “mercantile interests” were “commercial elites” who wanted to transfer the costs of protecting their ... equal human, economic, and political rights.39 Meanwhile, police in general, including in the North, steadily grew into pervasive control mechanisms over an “underclass” comprised “primarily of the poor

Habit, Crime, and Culpability

PHILOSOPHY, https://plato.stanford.edu/archives/win2016/entries/consequentialism-rule [https://perma.cc/ 9JT2-FG52] (observing that consequentialists almost never defend a purely “actconsequentialist decision ... these activities.”); Gideon Yaffe, The Voluntary Act Requirement in THE ROUTLEDGE COMPANION TO THE PHILOSOPHY OF LAW 174, 176 (Andrei Marmor ed., 2012) (“If a defendant is . . . shown to have engaged in a

Socioeconomic and Environmental Impacts of the Fall Armyworm and The Striga Weed at Three Stages of the Maize (Corn) Value Chains in Kenya: A Review

, the global financial and economic crisis, high prices of food items and fuel, and an unstable political landscape have consistently disrupted supply chains and markets in the agricultural sector

Death with Dignity for the Seemingly Undignified: Denial of Aid in Dying in Prison

extension end-of-life care, has included whether a competent adult has a right, or should have a right to end their own life on their own terms. The history of aid in dying is wrought with political ideology ... , judges invoke the history and philosophy of suicide to reject aid in dying.5 It is therefore necessary to not only situate the taking of one’s own life within philosophical understandings of suicide, but

The Thin Blue Line from Crime to Punishment

theorized ?within the context of an integrated political philosophy? and ?cannot be treated as a discrete, isolated political and moral problem.? NICOLA LACEY, STATE PUNISHMENT: POLITICAL PRINCIPLES AND ... seemingly unnecessary uses of force by police officers, have prompted deep criticisms from across the political spectrum.8 At the same time, reform has been elusive.9 Never has it been more urgent to develop

Reframing Hate

’ identities, life histories, and political perspectives.” Id. 61 See id. at 93–99. For example, accounts of sympathetic gay victims note their mild effeminacy, love of musical theater, or interest in interior ... political scientist Wilfred Reilly, author of HATE CRIME HOAX: HOW THE LEFT IS SELLING A FAKE RACE WAR, that would capture, for example, “various noncriminal incidents that initially generated speculation

Fetal Protection Laws and the "Personhood

Liberal Political Theory and Law, 11 HYPATIA 4, 22– 23 (1996 ). 30 Id. at 23. I. THE HISTORY OF PERSONHOOD AND FETAL RIGHTS The question of life arises most frequently in legislation in cases involving ... circles of political, legal, and medical ethics reasoning. While this Comment deals primarily with the implications of approaching questions of identity and responsibility related to pregnancy from a legal

Posner's Problem with Moral Philosophy

philosophy. Political theory, for example, is a type of normative reasoning that is not necessarily moral philosophy.' Furthermore, moral theory is not the same as dealing with "ethical" issues, which are ... convince the unwary. They also represent some standard tools that are useful when plying one's trade within an adversary system. First, Posner slants the debate by defining moral philosophy as a political

Posner's Problem with Moral Philosophy

philosophy. Political theory, for example, is a type of normative reasoning that is not necessarily moral philosophy.' Furthermore, moral theory is not the same as dealing with "ethical" issues, which are ... convince the unwary. They also represent some standard tools that are useful when plying one's trade within an adversary system. First, Posner slants the debate by defining moral philosophy as a political