Summary: Blocking the Courthouse Door: Review and Analysis of Stephanie Mencimers Book
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Breakfast tables nationwide are missing sons and daughters, and newly vacant homes dot neighborhoods. Fortunate communities are largely untouched by the disappearances; others bear the brunt more heavily. They are found concentrated in blocs--a few thousand here, several hundred there--and walled off from whatever new and unfamiliar communities happen to be nearby.
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The human and sociological consequences of such an abrupt dislocation are the stuff of heart-wrenching fiction. Set aside the melodramatic abruptness, and this is precisely the change that mass incarceration has wrought in this country over the past several decades. Census Bureau has counted prisoners where they "reside": their places of incarceration.
Prisons house dense agglomerations of nonvoters, which can create anomalies among districts if prisons boost the census populations of their host communities, entitling them to more representation than they would otherwise enjoy. Two districts with ostensibly equal numbers of people may differ significantly in the proportion of voters within their boundaries if one is partly populated with prisoners and the other is not. In recent years, a movement to end prison gerrymandering has been growing.
The run-up to the Census and the wave of redistricting that followed brought sustained attention to the problem for the first time. That is thanks largely to the work of policy entrepreneurs like Peter Wagner and his Prison Policy Institute, which have shined a spotlight on the issue and pushed for administrative and legislative reforms. An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while. Read preview. Table of Contents Introduction I.
Background A. Appellate lawyers and appellate courts often must wrestle over whether an issue raised on appeal presents a question of fact, a question of law, or a mixed question of law and fact. Ambro issued a concurring opinion that discusses in detail the process through which one can decide where along the continuum of fact and law an issue falls. Judge Ambro writes:. Swint , U. However, a practical test I propose for determining whether a question is of fact, of law, or of both fact and law, is as follows.
A question of fact can be answered solely by determining the facts of a case without any need to know the law relevant to the case. A question of law can be answered solely by determining what relevant law means without any need to determine the facts of a case. A mixed question of fact and law can only be answered by both determining the facts of a case and determining what the relevant law means.
Thus, we have a mixed question of fact and law. The wire services are reporting: Jesse J. The online archive of my monthly appellate columns is now up-to-date: You can access them all via this link.
Newly published online today are columns headlined:. Rehnquist will be absent from the bench when the Supreme Court returns for the second half of its term next week, the court announced Friday. As of yet, I have seen no statement across the wire from Crash Test Dummies. Court of Appeals for the Ninth Circuit at this link. We may learn today whether Chief Justice William H.
The next argument session begins on Tuesday, February 22, , because Monday is a federal holiday. On this date seventeen years ago: Anthony M. Kennedy was sworn in as the th justice of the U. Shannon P. Happy bidding! The web site that has posted the transcripts is The Smoking Gun, and you can access the transcripts via this link. Com had this article on Tuesday. Holland of The Associated Press provides this report. House of Representatives was District Court for the District of Utah at this link.
Law Professor Douglas A. Berman will be on the panel, as will Dahlia Lithwick and Lincoln Caplan. The extraordinarily important growth of law blogs, and their direct and indirect influence on the practice of law, and the decision of cases.
Important Blogs for Plaintiff Attorneys
How will this area of blog space continue to grow? You can access online the audio from that discussion via this link. Judith Miller and Matt Cooper seem to be headed for jail. Court of Appeals for the Ninth Circuit than many people half his age. Court of Appeals for the Sixth Circuit declares in this decision issued today. Penenberg has this essay online at Wired News. Senate holds court on judicial nominations. Justice balks at letting museum head spend his sentence reading up on law he broke. Relatedly, the Smithsonian Institution was the subject of this decision that the U.
Court of Appeals for the Second Circuit issued yesterday. My initial report on, and a link to, that ruling can be accessed here. Specter Says He Has Cancer.http://aysdo.chipichipistudio.com/psicohigiene-el-cuidado-de-uno.php
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Star-Tribune contains this article today. You can view the study at this link. And you can view via this link the video of an event held on Monday to discuss the study. The Supreme Court takes up the question. Could that make them prime targets for eminent domain actions?
And CNN. Hazmat Transport Ban. Ban on Shipments.
Court of Appeals for the D. Circuit denies request for initial hearing en banc filed by Guantanamo detainee Salim Ahmed Hamdan: You can access the order, entered on Friday of last week, at this link.
More information about the case can be found in this article published in USA Today. Where in the U. This opinion that a unanimous three-judge panel of the U. Court of Appeals for the Seventh Circuit issued today is rather interesting. Court of Appeals for the Seventh Circuit last night in a post you can access here. Making a federal case out of it: Today the U.
Corporations may rue the day they fought for class-action reform. And in somewhat related news, Jesse J. Leak Case Is Upheld by Judges. Hire Bruce Sanford. District Judge and Chicago-based U. By means of a per curiam opinion issued today, a unanimous three-judge Seventh Circuit panel brought an end to the matter, ruling that the federal district judge was overstepping the bounds of his judicial role. This was U. Attorney Patrick J.