SUPERMAX PRISONS: ANOTHER CHAPTER IN THE CONSTITUTIONALITY OF THE INCARCERATION CONUNDRUM

The American prison system has grown and expanded considerably over the past three decades. From 1977-2005, the amount of offenders entering prison increased by approximately 400 percent. Alongside the dramatic increase in the number of inmates came an increase in fiscal expenditures, totaling forty- three billion dollars spent in 2005 to maintain the imprisonment rates… continue reading

THE PRICE OF JUSTICE: HOW THE CAPERTON STANDARD FOR JUDICIAL RECUSAL FELL SHORT, BUT OPENED THE DOOR FOR REFORM OF THE RECUSAL STANDARDS ANYWAY

The role of a judge and his or her resulting discretion over a given case form a powerful and central feature of the legal system in the United States. While it is true that a case is “decided” by a jury, the judge who hears the matter still wields a substantial degree of control over… continue reading

POST-REFERENDUM SUDAN: THE NATION- BUILDING PROJECT AND ITS CHALLENGES

The Comprehensive Peace Agreement (“CPA”), signed on January 9, 2005, brought an end to the brutal civil war (1955-1972; 1983-2005) that engulfed Sudan since its independence in 1956. The CPA was the immediate culmination of the negotiations that ended the hostility between the National Congress Party (“NCP”) and the Sudan People’s Liberation Movement/Army (“SPLM/A”). It… continue reading

WITHOUT RESTORING INSOLVENT UNEMPLOYMENT TRUST FUNDS AND INCREASING FEDERAL RESERVES, THE 2007- 2009 RECESSIONS MAY CAUSE THE DEPLETION OF THE UNEMPLOYMENT TRUST FUND

In light of the recent economic situation in the United States, more individuals have become unemployed, meaning that more individuals have filed for and have obtained unemployment benefits. The purpose of the Federal-State Unemployment Insurance Program is to provide unemployment benefits to workers who are unemployed “through no fault of their own” by giving temporary… continue reading

THE CIRCUIT SPLIT CREATED BY POLLARD V. GEO GROUP, INC.: THE DANGERS OF ALLOWING A BIVENS ACTION WHERE ADEQUATE ALTERNATIVE STATE REMEDIES EXIST

“[T]he States . . . expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.” The above quotation is from the preamble to the Bill of Rights of… continue reading

NO ENTIENDO: STATE V. MARQUEZ, LANGUAGE BARRIERS, AND DRUNK DRIVING

State v. Marquez, the New Jersey Supreme Court had to decide the question of what police officers must do when trying to communicate with a drunk driving suspect who does not speak English or any other common language. Although suspected drunk drivers are obliged by law to submit to a breath test, police officers cannot… continue reading

COMMENTARY ON THE OECD GOOD PRACTICE GUIDANCE ON INTERNAL CONTROLS, ETHICS AND COMPLIANCE

With the February 2010 publication of its Good Practice Guidance on Internal Controls, Ethics and Compliance (“Good Practice Guidance” or “the Guidance”) as Annex II to the November 26, 2009 Further Recommendations for Combating Bribery of Foreign Public Officials in International Business Transactions (“the 2009 Recommendations”), the OECD, through its anti-bribery Working Group (“the OECD… continue reading

TO-GET-HER FOREVER: A MAN HATER’S RIGHT TO SAME- SEX MARRIAGE

Not all same-sex partners are born homosexual. Many people in same-sex relationships are born homosexual, but some choose same-sex relationships. Biologically heterosexual women can choose to live in same-sex relationships with other women: lesbians, bisexuals, transsexuals, or heterosexuals. There are many reasons why a woman might want to marry another woman. A heterosexual person may… continue reading

NEW YORK STATE OF MIND: HOW THE MARRIAGE EQUALITY ACT FORESHADOWS THE REPEAL OF DOMA AND THE POTENTIAL TAX CONSEQUENCES FOR SAME-SEX COUPLES

New York is a place familiar with crises. From the crime outbreak of the 1970s to the financial crisis of 2008, New York has dealt with significant economic and social troubles. Luckily, New York does not remain in a state of decline for long. From the ashes of these crises, New York has discovered ways… continue reading