Hidden Disparities: Decomposing Inequalities in Time Served in California, 1985–2009

While a large literature establishes the racial and ethnic disparities in sentencing, we know comparatively little about the role of race and ethnicity in prison release. Using data from the National Corrections Reporting Program contextualized in California's political and legislative atmosphere, this article explores the role of race and ethnicity in prison release between 1985 and 2009 by studying components of sentencing and release. Limiting the evaluation of disparities to sentencing or time served in prison at release may inadvertently mask racial and ethnic inequities in the judicial process because events and actors can introduce circumstances between sentencing and release from prison that ultimately influence time served. The analysis confirmed that the measures used at the time of sentencing do not provide enough information to determine the differential experiences of groups in the real amount of time served in prison.© 2014 Law and Society Association     

Correction to: Transnational law as a framework for law clinics

Jindal Global Law Review - A correction to this paper has been published: https://doi.org/10.1007/s41020-021-00137-6     

A Potential Framework For Privacy? A Reply To Hello!

In Douglas v Hello! Ltd (No 3) , the Court of Appeal noted that one ramification of 'shoehorning' invasions of privacy into the cause of action of breach of confidence is that 'it does not fall to be treated as a tort under English law'. In contrast, this article contends that English courts should explicitly recognise and develop a framework for a tort of privacy, and outlines one possible version—comprising both privacy interests and the elements of the potential tort. The framework draws upon longstanding Canadian and United States jurisprudence, as well as recent fascinating Australasian decisions that have grappled with privacy claims. In reality, breach of confidence is becoming an unrecognizable cousin of the creature which Megarry J described in Coco v AN Clark (Engineers) Ltd in 1969. If, however, it is to be buttressed by a judicially-created tort of privacy, then that tort's elements must be capable of being feasibly articulated and applied.     

Conserving America?: Essays on Present Discontents

Patrick J. Deneen provides a trenchant critique of contemporary American liberalism with essays of great interest to scholars studying American religion, politics, and political philosophy. His view of what constitutes liberalism, however, can be too narrow and, in places, unwarranted. Even so, the essays here cover a wonderful range of subjects, from manners to movies, with Deneen's unmistakable voice.     

Self-Reported Violent Offending Among Subjects with Genius-Level IQ Scores

While research indicates offenders have IQ scores approximately eight points below the population average of 100, very little is known about the crimes of individuals with above-average IQ scores. The current research is not limited to acts of family violence, but it describes the self-reported offending of 465 high-IQ subjects for eight violent crimes: robbery, carrying a concealed weapon, making a serious threat, serious assault, homicide, constructing an explosive device, kidnapping, and attempting suicide. Rates of prevalence and incidence are reported and compared to the rates from a control group of 756 individuals with average IQ scores. High-IQ subjects reported higher rates of prevalence, incidence, and arrest, but lower levels of conviction, than controls. A significant positive correlation exists for offenders between IQ score and lifetime incidence rate for robbery, homicide, and kidnapping, and a significant negative correlation exists between IQ score and incidence of attempted suicide.     

Strategic Anticipation of En Banc Review in the U.S. Courts of Appeals

The quest for empirical evidence of strategic judicial behavior has produced mixed results. This study finds such evidence in the decisions made while crafting an opinion. Central to any opinion is which precedents are cited and whether their scope is limited (negative treatment) or expanded (positive treatment). I look for evidence of strategic anticipation of en banc review in these decisions using an original dataset of published search and seizure cases from the U.S. Courts of Appeals from 1953 to 2010. A panel is less likely to negatively treat a precedent with which the full circuit is more closely aligned. Circuit preferences also have an effect on citation itself, but only when the panel is at least moderately aligned with a precedent. Moreover, the panel's own ideology is only a significant predictor of citation when the full circuit is favorably disposed toward a particular precedent.