Walter Olson | August 13, 2019 | Sexual Assault
Many colleges have adopted a principle known as “affirmative consent,” which makes it easier to infer misconduct (and thus impose expulsion or other discipline) when a record is lacking in verbal or physical evidence one way or the other as to whether a student’s...
Robert Alt | August 8, 2019 | Sentencing
This article was originally published by The Federalist Society. The following is an excerpt. Access the full article here. State legislatures across the country made significant strides in reforming their criminal justice regimes throughout 2018. States revised their...
Lauren Klosinski | June 19, 2019 | Sentencing
In a recent article for Law360 Access to Justice, Alexandra Natapoff of UC Irvine School of Law examines the misdemeanor process in the U.S. criminal justice system. Professor Natapoff argues that the misdemeanor system is “under-regulated and rarely scrutinized. And...
Judith McMullen | June 11, 2019 | Children and the Law
AbstractIt is common knowledge in American society that persons who have criminal records will have a more difficult path to obtaining legitimate employment. Similarly, conventional wisdom acknowledges the unfortunate fact that young people, on average, are more prone...
D. Brock Hornby | May 29, 2019 | Sentencing
The following is an excerpt from the article “Can Federal Sentencing Remain Transparent?” published in the Spring 2019 issue of Judicature.Criminal trials have virtually disappeared in many federal courtrooms. According to a recent U.S. Sentencing...