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Social Ecology, Preventive Intervention, and the Administrative Transformation of the Criminal Legal System
Full text linkThis Article outlines an administrative model of criminal justice that provides a conceptual framework and empirical justification for transforming our criminal legal system from a backward-looking, adjudicative model grounded in principles of retribution toward a forward-looking model grounded in consequentialist principles of justice aimed at crime prevention and recidivism reduction. The Article reviews the historical roots and justifications for our current system, along with recent advances in the behavioral, social, and biological sciences that inform why and how the system fuels injustice. The concept of social ecology is introduced as an organizing framework for: (1) understanding why individuals do or do not obey the law, (2) identifying and evaluating what works in preventing crime and reducing recidivism, and (3) informing how the criminal law can be transformed into an integrated system of administrative justice that spans juvenile and adult criminal legal systems. Finally, the Article provides a preliminary outline of the paradoxical promise of plea bargaining as a potential cornerstone of comprehensive systemic transformation
Misrepresentations in Labor Trafficking: State Laws as an Alternative Theory of Liability for Recruiters
Full text linkWhen addressing labor trafficking of migrants, the focus is typically on prosecuting the traffickers directly involved in obtaining a victim’s labor, but traffickers cannot exploit labor without victims. Research has shown that recruiters, both those intending to provide labor traffickers with victims and those who have no knowledge of the subsequent exploitation perpetrated by the supposed employer, often misrepresent job opportunities to migrants. Both types of recruiters profit off of the exploitation of migrants and ultimately continue to propagate labor trafficking. To effectively deter trafficker-recruiters and ensure independent recruiters are acting ethically, an all-encompassing method of accountability needs to be established.
Federal anti-trafficking and state employment agency law appear to address misrepresentations made during recruitment, but each comes with issues that limit their applicability. This Note therefore proposes a model statute that pulls the best parts of federal and state law to effectively address both trafficker-recruiters and independent recruiters. Regardless of any realistic application, the model statute’s language highlights the benefits and drawbacks of using federal versus state law to hold recruiters accountable
Recency Bias and the Supreme Court: the Problem is the Institution, Not the People Who Sit On It
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Children and the Law, Doctrine, Policy, and Practice (8th Edition)
No full textThis popular casebook contains new cases and materials that capture changes in child advocacy and juvenile justice. The book continues its interdisciplinary emphasis, practical approach, and in-depth coverage of lawyering, the parent-child relationship, child abuse and neglect, foster care, adoption, and juvenile delinquency, as well as the regulation of children’s conduct, financial relationships, and medical decision-making. The breadth of coverage enables flexible approaches to the course. The new edition connects foundational law and concepts with contemporary issues (e.g., social media) and recent relevant Supreme Court case law. It expands the international law discussion, providing important comparative perspectives that encourage students to reflect on US law and practice. It also builds out the materials on children’s agency and child development science, as well as providing additional coverage on the changing landscape of sentencing in delinquency law including restorative justice approaches. Notes and Problems (including ones drawn from the national headlines) orient students and provide background for vibrant classroom discussion. A comprehensive, up-to-date teacher’s manual accompanies the book, and the authors will continue to share their thoughts with professors about its most effective classroom use to prepare the next generation of children’s lawyers
Fulfilling the Promise? Recognizing the 25th Anniversary of \u3ci\u3eOlmstead\u3c/i\u3e
No full text2024 marks the 25th anniversary of Olmstead v. L.C. and E.W., the landmark U.S. Supreme Court decision hailed as the Brown v. Board of Education for people with disabilities. In Olmstead, the Court held that unjustified institutional isolation of people with disabilities is a form of unlawful discrimination under Title II of the Americans with Disabilities Act. Five years ago, a symposium was held in Atlanta, the “home of Olmstead,” that explored the history of this groundbreaking civil rights decision, the impact it had on the lives of thousands of people, and the steps still to be taken. This year, we reflect on how far we have come, and also extend our vision of Olmstead to end the isolation of people with disabilities, not just in psychiatric institutions or hospitals, but also in settings such as schools, jails or prisons, nursing homes or foster care. How do we realize the promise of Olmstead for all
