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Violent Offending, Desistance, And Recidivism
Get PDFThis Article reviews what is known from the field of criminology about the nature of crime patterns in general, focusing particularly on violence, violent people, and how violence manifests in the lives of individuals who commit crime. Broad consensus exists in the research community that offending careers of individuals who commit crimes vary substantially from person to person. Most people tend to commit non-violent crimes and while many violent offenders recidivate after being released from prison, the majority do not. Moreover, the type of violent crime committed—expressive versus instrumental—may be an important distinction. We draw several conclusions from the research on violence and violent recidivism and what it can mean for policy makers and their decision-making. Armed with accurate information about violent offending, policymakers and practitioners may be able to propose appropriate policy changes and make more informed decisions about the likelihood of violent offending and recidivism among persons who commit crimes
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Get PDFHow Twenty-First Century Technology Affects Inmates\u27 Access to Prison Law Libraries in the United States Prison System
Get PDFIn today’s generation America is open 24 hours, 7 days a week. Americans live in an open-all-night society, where with one click, one can buy groceries, watch a 3D movie, bowl a perfect game, and eat pizza all at two in the morning without ever leaving his or her living room. Therefore, is not a stretch to imagine a single digital device, such as a computer or phone, that could hold thousand, if not, millions of books with topics ranging from comedy, fiction, nonfiction, business, cooking, fitness, etc. But most importantly, and one of the focuses of this Comment, are those digital devices that hold various legal texts. Specifically, texts that inform the reader on legal lingo and procedures, such as how to file a claim with the court, or modern case law dealing with criminal charges. For the general public, access to and the availability of legal information can be displayed on their computer, tablet, gaming systems (e.g. Xbox or PlayStation), or cellphone. Advances in technology makes it so that any device with internet access can provide the user with legal information. However, what effect do advances in technology have on inmates’ legal research while incarcerated in prisons? Part I of this Comment will briefly describe the evolution of prison law libraries from the Bounds and Casey decisions to the present. Part II of this Comment will examine the adequacy of prison law libraries under the Casey decision. Part III of this Comment will answer the question of whether twenty-first century technology helps or hinders an inmate’s access to the court via prison law libraries. Part IV of this Comment will discuss the strength and weakness of twenty-first century digital materials versus standard print materials. Part V of this Comment will brief mention the Author’s inferences regarding jail law libraries. Finally, this Comment will conclude by recommending steps prison officials can take to ensure that their prison law libraries are adequate under the United States Supreme court decision of Casey, and by suggesting that further research be conducted to ensure prisoners are fully using their right to access the courts
Climate Change, Sustainability, and the Failure of Modern Property Theory
Get PDFProperty rights are, I argue, the single largest legal limitation on our ability to respond effectively to the climate change crisis. This is because our understanding of the scope of property rights shapes and limits legal concepts such as regulatory takings, land use law, common law tort and property claims, and statutory environmental regulation. Property sets our cultural norms about how much the government can or should control the uses of land. The goals of this Article are to (1) historically demonstrate the failures of socially oriented property theory as they are represented in the analytical framework of doctrines such as social utility and (2) advance a sustainable theory of property whose usefulness is demonstrated by that historical examination
Fully Funded Pensions
Get PDFAt retirement, workers want to have enough income to support themselves throughout their retirement years. In that regard, financial planners often suggest that retiring workers should aim to replace 70 to 80% of their annual preretirement earnings. Social Security benefits typically replace around 35% of the typical worker’s preretirement earnings, and the purpose of this Article is to show how pensions could and should be designed to replace, say, 40% of the typical worker’s preretirement earnings throughout her retirement years. In particular, because so many public and private pension plans are underfunded, this Article focuses on how to fully fund those pensions.
At the outset, Part II provides an overview of Social Security, pensions, annuities, and other lifetime income mechanisms. In particular, Part II explains how Social Security works, how traditional pensions work, and how newer 401(k) plans and individual retirement accounts (IRAs) work.
Part III then focuses on funding issues for Social Security and pensions. In particular, Part III shows that the Social Security system is currently underfunded by at least 4.7 trillion, that the U.S. government’s civilian pensions are currently underfunded by at least 768 billion. Part III also shows that private-sector pensions are also severely underfunded. In that regard, traditional defined benefit pensions are currently underfunded by at least $553 billion. Moreover, Part III shows that most workers with 401(k) plans or individual retirement accounts (IRAs) are not saving anywhere near enough to have pensions that could replace 40% of their preretirement income; indeed, many workers have no retirement savings of any kind.
Part IV then looks at some basic compound-interest and pension mathematics, and Part V explains pension benefit accrual and funding in traditional defined benefit plans. First, Section V.A develops a model, traditional defined benefit plan; and Section V.B then shows how that model defined benefit plan could provide a typical retiree with a pension that would replace 40% of her preretirement earnings. Section V.C then uses that model defined benefit plan to explain and compare the various mechanisms that are currently used to fund such traditional pensions, including everything from the pay-as-you-go method to the principal actuarial cost methods that are used to prefund those traditional pensions.
Part VI then looks at benefit accrual and funding in defined contribution plans (and IRAs). Part VI develops two alternative model defined contribution plans that could replace 40% of a typical worker’s preretirement earnings. For these model plans, the idea is for the worker to save enough money in her individual account by age 65 so that she could then buy a lifetime annuity that would replace 40% of her preretirement earnings.
Part VII then expands the defined benefit and individual account models to address some of the most important problems of providing pensions in the real world, including, for example, the problem of postretirement inflation. Part VIII then offers some recommendations about how to redesign—and fully fund—Social Security and real-world defined benefit plans, defined contribution plans, and IRAs; and, finally, Part IX offers some concluding remarks
When Food is a Weapon: Parental Liability for Food Allergy Bullying
Get PDFFood allergies in children are rising at an alarming pace. Increasingly, these children face an added threat: bullies targeting them because of their allergies. This bullying can take a life-threatening turn when the bully exposes the victim to the allergen. This Article is the first major legal analysis of food allergy bullying. It explores the legal system’s failure to adequately address the problem of food allergy bullying and makes the case for focusing on the potential tort liability of the bully’s parents. Parents who become aware of their child’s bullying behavior and fail to take adequate steps to stop it are tacitly encouraging it and should be liable for their child’s conduct. So too should parents who enable the bullying by flouting school policies and sending their child to school with a prohibited food that is then used to bully or by modeling intolerant behavior that their child mimics at school. Parental liability in appropriate circumstances will ensure that parents who contribute to their child’s bullying are held accountable and that the bully’s victim receives justice
