The Benefits and Costs of Economic Sanctions: Considering the Victim, the Offender, and Society
By R. Barry Ruback. Full text here. A consideration of economic sanctions must distinguish between the types and purposes of the different sanctions. Costs and fees refer to charges the offender must pay to reimburse the state for the administrative costs of operating the criminal justice system, although there is some variance in how the terms…
Continue ReadingThe Economic Rehabilitation of Offenders: Recommendations of the Model Penal Code (Second)
By Kevin R. Reitz. Full text here. It is well known that the United States. is the most punitive society in the world in the use of incarceration, and is in the “upper” tier of worldwide severity in use of the death penalty. Very recently, awareness has been growing that the United States, is equally exceptional…
Continue ReadingThe Burdens of Leniency: The Changing Face of Probation
By Ronald P. Corbett, Jr. Full text here. Since its inception in the mid-1800s, probation has been the sentence of choice in America’s criminal courts, accounting for approximately two-thirds of those under state correctional control, the balance of offenders incarcerated. As such, probation has been widely conceived of as a grant of leniency, a humane alternative…
Continue ReadingHOPE Probation and the New Drug Court: A Powerful Combination
By Judge Steven S. Alm. Full text here. Traditional felony probation programs in the United States often suffer from poor probationer compliance. In spite of dedicated and skilled probation officers using Evidence Based Principles, many probationers fail to successfully complete probation nationwide. Part of this systemic problem is an inability of Probation Officers and the Court…
Continue ReadingWhat Are We Hoping For? Defining Purpose in Deterrence-Based Correctional Programs
By Cecelia Klingele. Full text here. One of the most popular program models in criminal justice today is that popularized by Hawaii Opportunity Probation with Enforcement (HOPE). HOPE and other programs like it grow out of research suggesting that the most effective way to prevent violations of conditions of supervision is to more accurately detect them,…
Continue ReadingSubstituting Effective Community Supervision for Incarceration
By Mark A.R. Kleiman. Full text here. Community supervision systems—chiefly probation and parole—handle many more offenders than do the prisons and the jails. Typically, offenders subject to community supervision face only unsystematic attempts to monitor their compliance with probation or parole conditions, and are subject to sporadic and delayed, but occasionally severe, sanctions for non-compliance: a…
Continue ReadingForeword, Minnesota Law Review Symposium
By Carla J. Virlee. Full text here.
Continue ReadingNote: A Chilling Experience: An Analysis of the Legal and Ethical Issues Surrounding Egg Freezing, and a Contractual Solution
By Alicia J. Paller. Full text here. If you Google “egg freezing,” you will find numerous newspaper and magazine articles discussing this new reproductive technology. You will also encounter countless clinics currently helping women extract and freeze their eggs. You might find an occasional warning about the potential risks associated with egg freezing, as the media…
Continue ReadingNote: Beating the Odds: The Public Policy of Drug Efficacy and Safety
By Noah Lewellen. Full text here. Decisions in the Supreme Court and, more recently, the Ninth Circuit have cast doubt on the role of statistical significance in drug development. In United States v. Harkonen, the defendant Harkonen was convicted of fraud for advertising successful testing of a drug when, in fact, the tests had not revealed…
Continue ReadingNote: Knowledge Is Power: How Implementing Affirmative Disclosures Under the JOBS Act Could Promote and Protect Benefit Corporations and Their Investors
By Laura A. Farley. Full text here. Benefit corporations are a new type of business entity that combine the notions of for-profit finances with the public and mission-based goals of non-profits, thus creating a unique business model that is just now gaining traction. Despite its popularity, the benefit corporation entity often faces financial difficulty because of…
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