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Pardon Me Please: Evaluating Clemency for Marijuana Offenders
No full textSince 2012, several states and municipalities have decriminalized the non-violent use and possession of small amounts of recreational marijuana by adults. These criminal law reforms raise the issue of whether individuals who were convicted in the past should be exonerated retroactively by way of pardons or clemency. Consequently, many past marijuana offenders remain in state prisons for committing acts that are no longer deemed illegal in many states. Furthermore, these prisoners, as well as persons who were formerly accused or imprisoned, suffer from the stigma and negative collateral consequences of their alleged criminality. In response to these injustices, many governors have granted clemency to a broad group of such past offenders. Despite those governors who have granted clemency, there are other governors who want to grant such clemency but have not been able to do so. This raises the quintessential question: “Why have some governors been successful at granting clemency and others not so?” To answer that question, we need to analyze the legal issues and practices surrounding clemency for past offenders of the simple possession of marijuana.
This essay presents a qualitative study that examines various states based on their governors’ ability to pardon individuals convicted of past marijuana offenses. It provides observations and recommendations to improve the clemency process. This study concludes that for true restorative justice to redress the misplaced War on Drugs, state governments should amend, where necessary, their clemency laws to empower the governor of each state to pardon former offenders of the simple, non-violent possession of marijuana
Introductory Remarks - Christensen
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Introductory Remarks - Hasbrouck
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Set-up with Mitchell, Johnston, Hasbrouck, Fix, Evans, Jensen, and Cosby
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Faculty Publications Display
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“Small” Voices, Big Wins: Analyzing Remedies in Children’s Climate Cases
No full textChildren’s climate litigation has emerged as a powerful tool to address the climate crisis, with young plaintiffs around the world taking governments and corporations to court to demand climate action. This Article examines successful cases—those in which relief sought by the applicants was fully or partially granted—across five continents, providing an “around the world” perspective on the evolution and impact of youth-led climate litigation. Focusing on landmark cases in Australia, Colombia, South Africa, South Korea, and the United States, this analysis highlights the arguments presented by young plaintiffs and the judicial reasoning that supported the relief granted. Through a comparative lens, the Article explores commonalities and differences in legal strategies and the framing of children’s rights and intergenerational justice. In particular, it compares the remedies ordered by courts, assessing the effectiveness of children’s climate litigation strategies. By showcasing these successes, the Article underscores the transformative potential of children’s climate litigation to advance legal protections for present and future generations, while also drawing lessons to inform future advocacy and judicial engagement on climate change
The Grass Is Not Always Greener: How the Legalization of Recreational Cannabis Across the United States Is at Odds with Incarceration and Continued Punishment
Get PDFWhether you call it Mary Jane, skunky funky, green, ganja, reefer, or just plain-old cannabis, this special green plant doused in purple and orange accents has become a popular topic of discussion within the legal community and American culture. Cannabis has been held in “high” regard for its scientific advances in the medical industry, alongside its recreational usage, enjoyed by laughs and giggles, munchies, and plenty of water, leading to a wave of medical and recreational legalization.
Incentives for legalization come at the onset of promising medical research, economic growth motives, and social justice, reflecting upon a comprehensive approach that seeks to address the injustices of past criminalization. However, regardless of its legalization, the burden of punishment and suffering has yet to be alleviated. Some states still house recreationally legal. Other states further include incarcerated individuals whose sentencing length included past conduct for simple possession prior to being legal. Although the Executive Branch has responded by pardoning individuals for simple possession, incarcerated and freed Americans are still being punished at the federal level through sentencing discrepancies. Thus, there are many questions to be asked and potential solutions to be addressed when pushing for recreational legalization across the United States, further encompassing states where it is already legal. As the push for recreational cannabis becomes more prevalent within the United States, these problems will predictably build upon themselves and be an ongoing conversation while seeking a solution for years to come. Even those who have been fully pardoned with expunged criminal histories face challenges in this new world after being targeted and unjustly spending years behind cold prison bars. This paper seeks to shed light on those issues and address a solution in the interest of social justice to alleviate further punishment on those within states where cannabis is now recreationally legal and address the injustices within state and federal prison systems.
The world of recreational cannabis still has its issues, and advocates for its push toward legalization cannot sing Kumbaya just yet. There is still plenty of work to be done. Regardless of its legalization, the grass is not greener on the other side. At least not yet
The Small Business Dilemma
Get PDFSmall businesses face a unique and challenging dilemma in today’s business landscape. On the one hand, they are typically and rightfully considered the more powerful party in their contractual relations with consumers, thus prompting a need to protect consumers against unfair contractual terms. On the other hand, when engaging with larger businesses, small businesses typically find themselves in the position of the weaker, more vulnerable party, possibly in need of greater protection themselves from unfair terms. This Article addresses the inherent dilemma faced by small businesses and argues that the prevailing perception of businesses as sophisticated and experienced, based exclusively on their categorization as “business parties” unjustly disregards the economic and market realities they encounter
A Constitutional Mandate to Adopt AVs
Get PDFThe rapid advancement of autonomous vehicle (“AV”) technology presents a unique opportunity to enhance public safety by drastically reducing road fatalities. Despite significant private sector investment and demonstrated improvements in AV performance, public adoption and integration remain hindered by regulatory gaps and societal skepticism. This Article argues that the federal government has an affirmative obligation, rooted in the doctrine of a right to effective government, to champion the adoption of technologies like AVs that meaningfully promote the general welfare.
Drawing on the Preamble’s mandate to advance the general welfare and lessons from the transition from the Articles of Confederation to the Constitution, this Article situates the government’s responsibility within the historical and theoretical framework of effective governance. It introduces a three-pronged framework to evaluate when and how the government should intervene to advance technologies that may provide public goods like AVs. Applying this framework, the Article concludes that federal inaction on AVs undermines traffic safety, environmental goals, and economic equity. By setting nationwide AV regulations and facilitating public exposure to AV technology, the federal government can fulfill its constitutional duty to advance public welfare. This analysis not only addresses AVs as a case study but also provides a foundational approach for evaluating governmental obligations to emerging technologies