The Consensus Myth in Criminal Justice Reform
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The Polish Elections: Implications for the Washington–Warsaw Alliance Sally Mcnamara
22 WebMemo Published by The Heritage Foundation No. 1662 October 12, 2007 The Polish Elections: Implications for the Washington–Warsaw Alliance Sally McNamara On October 21, Polish voters will take to the coalition (LiD), which would completely change the polls to vote in a new parliament two years ahead of current complexion of Polish politics. schedule. Although early indications demonstrate Poland and the European Union. The next Pol- widespread apathy on the part of the Polish elector- ish administration will be forced to deal with major ate, important foreign policy issues are at stake. foreign policy questions, not the least of which is The most important foreign policy issue for the possible ratification of the EU Reform Treaty. EU Poland to address is the European Reform Treaty. EU heads of state and foreign ministers—with Poland elites desire to either undo or circumvent Poland’s represented by the current Kaczynskiń govern- opt-out from the Charter of Fundamental Rights and ment—will meet in Lisbon on October 18, just diminish Warsaw’s traditionally muscular negotiat- three days before the Polish elections, with the aim ing stance in favor of national sovereignty. of agreeing on the final text of the European Reform The composition of Warsaw’s next government Treaty. To avoid another EU summit failure, Poland will be just as important to Washington as it is to is currently being put under immense pressure to Europe. The negotiations over stationing 10 inter- negotiate away its interests, even though member ceptors as part of America’s ballistic missile defense states only received the final text of the Treaty on shield is at a critical stage, and a new Polish admin- October 5. -
Originalism and the Ratification of the Fourteenth Amendment
Copyright 2013 by Northwestern University School of Law Printed in U.S.A. Northwestern University Law Review Vol. 107, No. 4 ORIGINALISM AND THE RATIFICATION OF THE FOURTEENTH AMENDMENT Thomas B. Colby ABSTRACT—Originalists have traditionally based the normative case for originalism primarily on principles of popular sovereignty: the Constitution owes its legitimacy as higher law to the fact that it was ratified by the American people through a supermajoritarian process. As such, it must be interpreted according to the original meaning that it had at the time of ratification. To give it another meaning today is to allow judges to enforce a legal rule that was never actually embraced and enacted by the people. Whatever the merits of this argument in general, it faces particular hurdles when applied to the Fourteenth Amendment. The Fourteenth Amendment was a purely partisan measure, drafted and enacted entirely by Republicans in a rump Reconstruction Congress in which the Southern states were denied representation; it would never have made it through Congress had all of the elected Senators and Representatives been permitted to vote. And it was ratified not by the collective assent of the American people, but rather at gunpoint. The Southern states had been placed under military rule, and were forced to ratify the Amendment—which they despised—as a condition of ending military occupation and rejoining the Union. The Amendment can therefore claim no warrant to democratic legitimacy through original popular sovereignty. It was added to the Constitution despite its open failure to obtain the support of the necessary supermajority of the American people. -
As Justice Reform: Protecting the Health and Well-Being of Incarcerated Populations, Their Families, and Their Communities
Roundtable on the Future of Justice Policy Examining Justice Reform and the Social Contract in the United States: Implications for Justice Policy and Practice Hosted by the Justice Lab at Columbia University Generously supported by the Ford Foundation and Charles and Lynn Schusterman Family Foundation Health (Care) as Justice Reform: Protecting the Health and Well-being of Incarcerated Populations, Their Families, and Their Communities Hedwig Lee, Professor of Sociology, Washington University in St. Louis Liza Weiss, Executive Director, Missouri Appleseed Finola Prendergast, Director of Research, Missouri Appleseed The novel coronavirus 2019 (COVID-19) pandemic has brought into sharp relief the expansive nature of community. Many populations who have been invisible (e.g., incarcerated populations, undocumented populations, and families of incarcerated populations) in many communities are now front and center as the United States and the rest of the world contend with a virus that knows no boundaries. Patterns of racial residential segregation, racial disproportionality in mass incarceration, and racial inequalities in healthcare access serve to further amplify risk for all and not just some. To be sure, certain populations remain disproportionately burdened by COVID-19 infection risk, complications, and death, but, as we have seen, the rise in infection in any subpopulations can easily lead to infection in other communities. This new reality requires us to reimagine in a more inclusive way what “community” and “safety” mean. It also requires us to act in a more deliberate and universal way to protect communities. For a community to be resilient, every member of the community must be resilient. In our essay, we suggest that policies to improve the health of communities need to target individuals in prison and jail both during incarceration and after release. -
Getting There: on Strategies for Implementing Criminal Justice Reform Susan N
Berkeley Journal of Criminal Law Volume 23 Article 3 Issue 1 Symposium: Criminal Justice at a Crossroads 2018 Getting There: On Strategies for Implementing Criminal Justice Reform Susan N. Herman Brooklyn Law School Recommended Citation Susan N. Herman, Getting There: On Strategies for Implementing Criminal Justice Reform, 23 Berkeley J. Crim. L. (2018). Link to publisher version (DOI) https://doi.org/10.15779/Z389882N0J This Article is brought to you for free and open access by the Law Journals and Related Materials at Berkeley Law Scholarship Repository. It has been accepted for inclusion in Berkeley Journal of Criminal Law by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact [email protected]. Herman: Strategies for Implementing Criminal Justice Reform ISSUE 23:1 SPRING 2018 Getting There: On Strategies for Implementing Criminal Justice Reform Susan N. Herman* Criminal justice reform efforts sometimes seem improvisational. Scholars and activists have built a persuasive case that we need to reform the criminal justice system to reduce our reflexive dependency on mass incarceration and to root out bias against the poor, the mentally ill, and racial minorities. We know that actions like revising sentencing laws and eliminating cash bail are steps in the right direction. And so advocates around the country have been using any tools in grabbing distance to achieve those results: legislation, ballot initiatives, administrative or judicial regulations, or direct political action. Strategic discussion of how to prioritize and harmonize those approaches, or how best to build momentum among the states, however, is frequently held behind closed doors when it is held at all. -
2019 © Timbro 2019 [email protected] Layout: Konow Kommunikation Cover: Anders Meisner FEBRUARY 2019
TIMBRO AUTHORITARIAN POPULISM INDEX 2019 © Timbro 2019 www.timbro.se [email protected] Layout: Konow Kommunikation Cover: Anders Meisner FEBRUARY 2019 ABOUT THE TIMBRO AUTHORITARIAN POPULISM INDEX Authoritarian Populism has established itself as the third ideological force in European politics. This poses a long-term threat to liberal democracies. The Timbro Authoritarian Populism Index (TAP) continuously explores and analyses electoral data in order to improve the knowledge and understanding of the development among politicians, media and the general public. TAP contains data stretching back to 1980, which makes it the most comprehensive index of populism in Europe. EXECUTIVE SUMMARY • 26.8 percent of voters in Europe – more than one in four – cast their vote for an authoritarian populist party last time they voted in a national election. • Voter support for authoritarian populists increased in all six elections in Europe during 2018 and has on an aggregated level increased in ten out of the last eleven elections. • The combined support for left- and right-wing populist parties now equals the support for Social democratic parties and is twice the size of support for liberal parties. • Right-wing populist parties are currently growing more rapidly than ever before and have increased their voter support with 33 percent in four years. • Left-wing populist parties have stagnated and have a considerable influence only in southern Europe. The median support for left-wing populist in Europe is 1.3 percent. • Extremist parties on the left and on the right are marginalised in almost all of Europe with negligible voter support and almost no political influence. -
Case 2:00-Cr-00291-GJP Document 277 Filed 07/24/20 Page 1 of 19
Case 2:00-cr-00291-GJP Document 277 Filed 07/24/20 Page 1 of 19 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA CRIMINAL ACTION v. NO. 00-291-2 ADAM BENTLEY CLAUSEN, Defendant. PAPPERT, J. July 24, 2020 MEMORANDUM Adam Clausen was sentenced to approximately 213 years in prison after a jury convicted him of nine counts of Hobbs Act robbery in violation of 18 U.S.C. § 1951, nine counts of conspiracy to commit Hobbs Act robbery in violation of the same statute, and nine counts of using a firearm in the commission of each count in violation of 18 U.S.C. § 924(c). Having served over twenty years in jail, Clausen now seeks a reduction of his sentence to time served and a period of supervision under the “compassionate release” statute, 18 U.S.C. § 3582(c)(1)(A). The Government opposes the Motion. After careful consideration of the law, the parties’ extensive briefing and Clausen’s appendices, the Court grants the Motion in part and orders a hearing, at which time the parties may present argument supporting their positions on the extent to which the Court should reduce Clausen’s sentence. 1 Case 2:00-cr-00291-GJP Document 277 Filed 07/24/20 Page 2 of 19 I A Clausen and his co-conspirators robbed several businesses in Philadelphia and New Jersey during a three-week span in February of 2000. See United States v. Clausen, 2005 WL 846198, at *1 (E.D. Pa. Apr. -
State of Populism in Europe
2018 State of Populism in Europe The past few years have seen a surge in the public support of populist, Eurosceptical and radical parties throughout almost the entire European Union. In several countries, their popularity matches or even exceeds the level of public support of the centre-left. Even though the centre-left parties, think tanks and researchers are aware of this challenge, there is still more OF POPULISM IN EUROPE – 2018 STATE that could be done in this fi eld. There is occasional research on individual populist parties in some countries, but there is no regular overview – updated every year – how the popularity of populist parties changes in the EU Member States, where new parties appear and old ones disappear. That is the reason why FEPS and Policy Solutions have launched this series of yearbooks, entitled “State of Populism in Europe”. *** FEPS is the fi rst progressive political foundation established at the European level. Created in 2007 and co-fi nanced by the European Parliament, it aims at establishing an intellectual crossroad between social democracy and the European project. Policy Solutions is a progressive political research institute based in Budapest. Among the pre-eminent areas of its research are the investigation of how the quality of democracy evolves, the analysis of factors driving populism, and election research. Contributors : Tamás BOROS, Maria FREITAS, Gergely LAKI, Ernst STETTER STATE OF POPULISM Tamás BOROS IN EUROPE Maria FREITAS • This book is edited by FEPS with the fi nancial support of the European -
Different Shades of Black. the Anatomy of the Far Right in the European Parliament
Different Shades of Black. The Anatomy of the Far Right in the European Parliament Ellen Rivera and Masha P. Davis IERES Occasional Papers, May 2019 Transnational History of the Far Right Series Cover Photo: Protesters of right-wing and far-right Flemish associations take part in a protest against Marra-kesh Migration Pact in Brussels, Belgium on Dec. 16, 2018. Editorial credit: Alexandros Michailidis / Shutter-stock.com @IERES2019 Different Shades of Black. The Anatomy of the Far Right in the European Parliament Ellen Rivera and Masha P. Davis IERES Occasional Papers, no. 2, May 15, 2019 Transnational History of the Far Right Series Transnational History of the Far Right Series A Collective Research Project led by Marlene Laruelle At a time when global political dynamics seem to be moving in favor of illiberal regimes around the world, this re- search project seeks to fill in some of the blank pages in the contemporary history of the far right, with a particular focus on the transnational dimensions of far-right movements in the broader Europe/Eurasia region. Of all European elections, the one scheduled for May 23-26, 2019, which will decide the composition of the 9th European Parliament, may be the most unpredictable, as well as the most important, in the history of the European Union. Far-right forces may gain unprecedented ground, with polls suggesting that they will win up to one-fifth of the 705 seats that will make up the European parliament after Brexit.1 The outcome of the election will have a profound impact not only on the political environment in Europe, but also on the trans- atlantic and Euro-Russian relationships. -
The Obvious Constitutionality of Health Care Reform1
ANDREW KOPPELMAN Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform1 The Supreme Court may be headed for its most dramatic intervention in American politics—and most flagrant abuse of its power—since Bush v. Gore.2 Challenges to President Obama’s health care law3 have started to work their way toward the Court and have been sustained by two Republican-appointed district judges.4 1. A version of this Essay was presented at “Healthcare Reform: The Law and Its Implications,” a seminar of the American Health Lawyers Association, held in Chicago on December 6, 2010. This Essay consolidates and adds to arguments presented in an earlier series of blog posts. Andrew Koppelman, Can’t Think of Another One, BALKINIZATION (Dec. 14, 2010, 11:17 AM), http://balkin.blogspot.com/2010/12/cant-think-of-another-one.html; Andrew Koppelman, Health Care Reform: The Broccoli Objection, BALKINIZATION (Jan. 19, 2011, 4:48 PM), http://balkin.blogspot.com/2011/01/ health-care-reform-broccoli-objection.html; Andrew Koppelman, Non Sequiturs in the Florida Health Care Decision, BALKINIZATION (Feb. 2, 2011, 2:42 PM), http://balkin.blogspot.com/2011/02/non-sequiturs-in-florida-health-care.html; Andrew Koppelman, The Virginia Court’s Bizarre Health Law Decision, BALKINIZATION (Dec. 13, 2010, 5:01 PM), http://balkin.blogspot.com/2010/12/virginia-courts-bizarre-health-law.html. 2. 531 U.S. 98 (2000). For defenses of the modest proposition that the Supreme Court is not constitutionally authorized to appoint the President, see, for example, Laurence H. Tribe, eroG v. hsuB and Its Disguises: Freeing Bush v. -
Stowarzyszenie NIGDY WIECEJ
POLAND’S INDEPENDENCE MARCH A ‘LITMUS TEST OF FAR-RIGHT SUPPORT’ Claudia Ciobanu November 11, 2019 Every November 11, tens of thousands of Poles march in Warsaw to celebrate Independence Day — but the event is increasingly a show of far-right extremism, a prominent anti-fascist campaigner says. For Rafal Pankowski, head of the Never Again anti-fascist association in Poland, the huge nationalist march that takes place in Warsaw on Polish Independence Day every November 11 is a litmus test of the strength of the far right. “It was one of the worst days of my life,” said Pankowski of last year’s march, which was attended by Poland’s president and drew a crowd of 250,000 people, according to police estimates. This year’s event on Monday follows a general election in October that handed the nationalist Law and Justice party (PiS) a second term in power. Meanwhile, 11 candidates from a far-right alliance won seats in parliament. Rights groups say the political climate has never been more friendly to far-right extremism. On November 9, the anniversary of the 1938 anti-Jewish pogrom in Nazi Germany dubbed “Kristallnacht”, Never Again published its annual compilation (in Polish) of hate crimes committed in Poland. Pankowski said hate crimes jumped in 2015 — the year PiS first came to power — and show no sign of falling. The Independence March has been getting bigger every year since 2010. It was initiated by two far-right groups, All Polish Youth and the National Radical Camp, both descendants of ultranationalist organisations active in the 1930s. -
Internal Politics and Views on Brexit
BRIEFING PAPER Number 8362, 2 May 2019 The EU27: Internal Politics By Stefano Fella, Vaughne Miller, Nigel Walker and Views on Brexit Contents: 1. Austria 2. Belgium 3. Bulgaria 4. Croatia 5. Cyprus 6. Czech Republic 7. Denmark 8. Estonia 9. Finland 10. France 11. Germany 12. Greece 13. Hungary 14. Ireland 15. Italy 16. Latvia 17. Lithuania 18. Luxembourg 19. Malta 20. Netherlands 21. Poland 22. Portugal 23. Romania 24. Slovakia 25. Slovenia 26. Spain 27. Sweden www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 The EU27: Internal Politics and Views on Brexit Contents Summary 6 1. Austria 13 1.1 Key Facts 13 1.2 Background 14 1.3 Current Government and Recent Political Developments 15 1.4 Views on Brexit 17 2. Belgium 25 2.1 Key Facts 25 2.2 Background 25 2.3 Current Government and recent political developments 26 2.4 Views on Brexit 28 3. Bulgaria 32 3.1 Key Facts 32 3.2 Background 32 3.3 Current Government and recent political developments 33 3.4 Views on Brexit 35 4. Croatia 37 4.1 Key Facts 37 4.2 Background 37 4.3 Current Government and recent political developments 38 4.4 Views on Brexit 39 5. Cyprus 42 5.1 Key Facts 42 5.2 Background 42 5.3 Current Government and recent political developments 43 5.4 Views on Brexit 45 6. Czech Republic 49 6.1 Key Facts 49 6.2 Background 49 6.3 Current Government and recent political developments 50 6.4 Views on Brexit 53 7. -
Criminal Justice John Rappaport†
Some Doubts About “Democratizing” Criminal Justice John Rappaport† The American criminal justice system’s ills are by now so familiar as scarcely to bear repeating: unprecedented levels of incarceration, doled out disproportion- ately across racial groups, and police that seem to antagonize and hurt the now- distrustful communities they are tasked to serve and protect. Systemic social ail- ments like these seldom permit straightforward diagnoses, let alone simple cures. In this case, however, a large, diverse, and influential group of experts—the legal acad- emy’s “democratizers”—all identify the same disease: the retreat of local democratic control in favor of a bureaucratic “machinery” disconnected from public values and the people themselves. Neighborhood juries, for example, internalize the costs of pun- ishing their own; neighborhood police, “of” and answerable to the community, think twice before drawing their weapons or stopping a local boy on a hunch. The experts and detached professionals who populate our dominant bureaucratic institutions, in contrast, are motivated by different, less salubrious, incentives. Across the gamut of criminal justice decision-making, the democratizers maintain, the influence of the local laity is a moderating, equalizing, and ultimately legitimating one. A generous dose of participatory democracy won’t solve all our problems, but it’s our best shot to get the criminal justice system back on its feet. This Article’s warning is plain: don’t take the medicine. “Democratization” wields undeniable rhetorical appeal but will not really fix what ails us—and may just make it worse. The democratization movement, this Article argues, rests on con- ceptually problematic and empirically dubious premises about the makeup, prefer- ences, and independence of local “communities.” It relies on the proudly counterin- tuitive claim that laypeople are largely lenient and egalitarian, contrary to a wealth of social scientific evidence.