October/November 2018 | Volume 46| Issue 1
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Considering a Juvenile Exception to the Felony Murder Rule
Case Western Reserve Law Review Volume 70 Issue 1 Article 12 2019 Considering a Juvenile Exception to the Felony Murder Rule Katherine Dobscha Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Katherine Dobscha, Considering a Juvenile Exception to the Felony Murder Rule, 70 Case W. Res. L. Rev. 141 (2019) Available at: https://scholarlycommons.law.case.edu/caselrev/vol70/iss1/12 This Note is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Case Western Reserve Law Review·Volume 70·Issue 1·2019 — Note — Considering a Juvenile Exception to the Felony Murder Rule Contents Introduction .................................................................................. 141 I. Felony Murder Doctrine ........................................................... 144 II. Juveniles as Fundamentally Different from Adults ............... 146 A. Social Sciences’ Recognition of Juveniles’ Immaturity and Limited Capacity for Reasoned Decision-Making ............................................ 147 B. Juveniles and the Penological Purposes of the Felony Murder Rule .... 152 C. Supreme Court Precedent Recognizing the Fundamental Differentness of Juveniles and Restricting Severe Juvenile Sentencing ........................................................................................... -
The Double Whammy of Being Female and African-American: How Black Women Are More Vulnerable to Trafficking and Other Forms of Discrimination
THE DOUBLE WHAMMY OF BEING FEMALE AND AFRICAN-AMERICAN: HOW BLACK WOMEN ARE MORE VULNERABLE TO TRAFFICKING AND OTHER FORMS OF DISCRIMINATION *Professor Cheryl Page I. INTRODUCTION ........................................................................................ 114 II. CYNTOIA BROWN: ONE CASE ILLUSTRATES HISTORICAL STEREOTYPES AND DISCRIMINATION AGAINST YOUNG WOMEN OF COLOR ......... 115 III. CONCLUSION ......................................................................................... 126 I. INTRODUCTION “Black women and girls represent 30 percent of all women incarcerated but make up just 13 percent of the population. In addition, Black girls continue to be treated as criminals in the justice system in instances where they should be treated as victims.” The Congressional Caucus on Black Women & Girls1 *Professor Page has worked in the area of human trafficking (international and domestic) since 2005. She has spoken and taught internationally and domestically in Austria, China, Czech Republic, Greece and Turkey, to name a few. She has been a law professor since 2004 and currently works at Florida A&M University College of Law where she teaches, amongst other courses, Human Trafficking. Hoping to shed light on the subject and the scourge that is human trafficking, Professor Page co-authored a textbook entitled “Human Trafficking,“ with Professor Bill Piatt. Prof. Page sees herself as a modern-day abolitionist and works tirelessly to see the eradication of modern-day slavery. 114 Spring 2019 Black Women and Human Trafficking -
Amicus Brief
Case: 16-6738 Document: 33 Filed: 01/18/2018 Page: 1 Case No. 16-6738 IN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT CYNTOIA BROWN, Petitioner–Appellant, v. CAROLYN JORDAN, Warden, Respondent–Appellee. On Appeal from the United States District Court for the Middle District of Tennessee BRIEF OF THE AMERICAN CIVIL LIBERTIES UNION OF TENNESSEE AS AMICUS CURIAE IN SUPPORT OF PETITIONER Thomas H. Castelli, #24849 Mandy Strickland Floyd, #31123 American Civil Liberties Union Foundation of Tennessee P.O. Box 120160 Nashville, Tennessee 37212 Case: 16-6738 Document: 33 Filed: 01/18/2018 Page: 2 CORPORATE DISCLOSURE STATEMENT Amicus Curiae American Civil Liberties Union of Tennessee is a non-profit entity that do not have parent corporations. No publicly held corporation owns 10 percent or more of any stake or stock in amicus curie. /s/ Thomas H. Castelli Case: 16-6738 Document: 33 Filed: 01/18/2018 Page: 3 TABLE OF CONTENTS CORPORATE DISCLOSURE STATEMENT ..................................................... I TABLE OF CONTENTS ...................................................................................... II TABLE OF AUTHORITIES ............................................................................... III STATEMENT REGARDING ORAL ARGUMENT .......................................... V INTEREST OF AMICI CURIAE .......................................................................... 1 SUMMARY OF ARGUMENT ............................................................................... 2 ARGUMENT ........................................................................................................... -
The Data Journalism Handbook
THE DATA JOURNALISM HANDBOOK Towards a Critical Data Practice Edited by Liliana Bounegru and Jonathan Gray 1 Bounegru & Gray (eds.) The Data Journalism Handbook “This is a stellar collection that spans applied and scholarly perspectives on practices of data journalism, rich with insights into the work of making data tell stories.” − Kate Crawford, New York University + Microsoft Research New York; author of Atlas of AI “Researchers sometimes suffer from what I call journalist-envy. Journalists, after all, write well, meet deadlines, and don’t take decades to complete their research. But the journalistic landscape has changed in ways that scholars should heed. A new, dynamic field—data journalism—is flourishing, one that makes the boundaries between our fields less rigid and more interesting. This exciting new volume interrogates this important shift, offering journalists and researchers alike an engaging, critical introduction to this field. Spanning the globe, with an impressive variety of data and purposes, the essays demonstrate the promise and limits of this form of journalism, one that yields new investigative strategies, one that warrants analysis. Perhaps new forms of collaboration will also emerge, and envy can give way to more creative relations.” − Wendy Espeland, Northwestern University; co-author of Engines of Anxiety: Academic Rankings, Reputation, and Accountability “It is now established that data is entangled with politics and embedded in history and society. This bountiful book highlights the crucial role of data journalists -
We Still Deserve Safety
ALABAMA: CHIKESIA CLEMONS (MOBILE) ⬥ JACQUELINE DIXON (SELMA) ⬥ MARSHAE JONES (BIRMINGHAM) ⬥ ARIZONA: ADELAIDA REYNOSA ⬥ ERICA REYNOLDS (PHOENIX) ⬥ IESHA HARPER (PHOENIX)⬥ MARIAH VALENZEULA (PHOENIX) ⬥ MARISOL MENDOZA (ELOY DETENTION FACILITY) ⬥ CALIFORNIA: AMAYA* (CALIFORNIA DETENTION CENTER) ⬥ ANGELICA GONZALEZ-GARCIA (NOW MASSACHUSETTS) ⬥ BETHANY NAVA (LOS ANGELES) ⬥ BRIANNA BELL (LA MESA) ⬥ C.R. (CALIFORNIA BORDER) ⬥ DONISHA PRENDERGAST (RIALTO) ⬥ EMERALD BLACK (SAN LEANDRO) ⬥ IRENE* (CALIFORNIA DETENTION CENTER) ⬥ JANE DOE ⬥ JANE DOES ⬥ JORDAN RODGERS (SAN FRANCISCO) ⬥ KELLY FYFFE-MARSHALL (RIALTO) ⬥ MELYDA CORADO (LOS ANGELES) ⬥ MS L (CALIFORNIA BORDER) ⬥ REBA PERRY-UFELE (LOS ANGELES) ⬥ TATIANA WALKER-MORRIS (LAX) ⬥ VANESSA MARQUEZ (SOUTH PASADE- NA) ⬥ COLORADO: DIANA SANCHEZ (DENVER) ⬥ CONNECTICUT: JANE DOE ⬥ LOLADE SIYONBOLA (NEW HAVEN) ⬥ DISTRICT OF COLUMBIA: JANE DOES ⬥ FLORIDA: ARAMIS AYALA (ORLANDO) ⬥ JANASIA ROBINSON (PINELLAS COUNTY) ⬥ JANE DOE (CORAL SPRINGS) ⬥ JERAI ROBINSON (PINELLAS COUNTY) ⬥ KAIA ROLLE (ORLANDO) ⬥ KIRENDA WELCH (JACKSONVILLE) ⬥ NADIA KING (JACKSONVILLE) ⬥ SHARYAH FELTON (PINELLAS COUNTY) ⬥ VAN- NA ALLEN (PINELLAS COUNTY) ⬥ WILMICA EDMONDS (ORANGE COUNTY) ⬥ GEORGIA: CYNTHIA FIELDS (SAVANNAH) ⬥ WeJANE DOES (GEORGIA Still DETENTION CENTER) ⬥ SHAKAYLA HILL (MACON) ⬥ SHUKRI SAID (ATLANTA) ⬥ TANIYAH PILGRIM (ATLANTA) ⬥ ILLINOIS: CAMILLA HUDSON (CHICAGO) ⬥ JANE DOE (CHICAGO) ⬥ MIA WRIGHT (CHICAGO) ⬥ MIGNONNEDeserve ROBINSON (CHICAGO) ⬥ INDIANA : IVORESafety WESTFIELD (INDIANAPOLIS) ⬥ KANSAS: BREONA HILL (KANSAS -
False Sovereigns and Poor Stewards: Why Copyright Law Should Liberate the Transformative Author
MICHELS_ART_FINALTHIS VERSION (WEB) (DO N OTDOES DELETE )NOT CONTAIN PAGE NUMBERS.12/2/2015 1:56 PM PLEASE CONSULT THE PRINT OR ONLINE DATABASE VERSIONS FOR THE PROPER CITATION INFORMATION. ARTICLE FALSE SOVEREIGNS AND POOR STEWARDS: WHY COPYRIGHT LAW SHOULD LIBERATE THE TRANSFORMATIVE AUTHOR JOHAN DAVID MICHELS INTRODUCTION “Good artists borrow, great artists steal.” - Pablo Picasso. At present, international copyright law gives authors the exclusive right to authorise or prohibit reproductions (in any manner or form), adaptations, and other alterations of their works.1 Consequently, authors who seek to use substantial parts of existing works transformatively in the creation of a new work are legally obliged to negotiate a license with the right holder. Yet examples of unlicensed transformative use of existing expression abound. Danger Mouse’s Grey Album, which mixed The Beatles’ “White Album” and Jay-Z’s “Black Album,” famously initiated the mash-up genre, in which authors mix together different pieces of music.2 Shepard Fairey’s graphic art stylises iconic images, such as in the “Hope” poster for United States President Obama’s 2008 campaign.3 Every day, individuals superimpose their own text on stills from copyrighted works, for instance of the character Fry from the “Futurama” cartoon, to create short, poignant visual works shared as “memes” online.4 Giving the initial author the power to prevent transformative use of their work leads to absurd results in practice. In 1996, a U.S. court granted an 1 Berne Convention for the Protection of Literary and Artistic Works, art. 9, 12, Sept. 9, 1986, S. TREATY DOC. -
3. SMACK THAT – EMINEM (Feat. Eminem) [Akon:] Shady Convict
3. SMACK THAT – EMINEM thing on Get a little drink on (feat. Eminem) They gonna flip for this Akon shit You can bank on it! [Akon:] Pedicure, manicure kitty-cat claws Shady The way she climbs up and down them poles Convict Looking like one of them putty-cat dolls Upfront Trying to hold my woodie back through my Akon draws Slim Shady Steps upstage didn't think I saw Creeps up behind me and she's like "You're!" I see the one, because she be that lady! Hey! I'm like ya I know lets cut to the chase I feel you creeping, I can see it from my No time to waste back to my place shadow Plus from the club to the crib it's like a mile Why don't you pop in my Lamborghini away Gallardo Or more like a palace, shall I say Maybe go to my place and just kick it like Plus I got pal if your gal is game TaeBo In fact he's the one singing the song that's And possibly bend you over look back and playing watch me "Akon!" [Chorus (2X):] [Akon:] Smack that all on the floor I feel you creeping, I can see it from my Smack that give me some more shadow Smack that 'till you get sore Why don't you pop in my Lamborghini Smack that oh-oh! Gallardo Maybe go to my place and just kick it like Upfront style ready to attack now TaeBo Pull in the parking lot slow with the lac down And possibly bend you over look back and Convicts got the whole thing packed now watch me Step in the club now and wardrobe intact now! I feel it down and cracked now (ooh) [Chorus] I see it dull and backed now I'm gonna call her, than I pull the mack down Eminem is rollin', d and em rollin' bo Money -
What Do We Owe Cyntoia Brown? Her Early Release Is Just the First Step To
What do we owe Cyntoia Brown? Her early release is just the first step to... about:reader?url=https://www.salon.com/2019/01/08/what-do-we-owe-c... salon.com What do we owe Cyntoia Brown? Her early release is just the first step to justice 5-6 minutes Cyntoia Brown during her clemency hearing Wednesday, May 23, 2018, at Tennessee Prison for Women in Nashville, Tenn. (Lacy Atkins/The Tennessean via AP) Tennessee Gov. Bill Haslam granted Brown, a sex trafficking victim, clemency for an act of self- defense. Now what? D. Watkins January 8, 2019 9:35PM (UTC) Activists, organizers and lawmakers — but most importantly, victims — secured a major win yesterday with the stroke of a pen when Republican Gov. Bill Haslam of Tennessee granted clemency to Cyntoia Brown. 1 of 4 10/15/2020, 8:44 PM What do we owe Cyntoia Brown? Her early release is just the first step to... about:reader?url=https://www.salon.com/2019/01/08/what-do-we-owe-c... "This decision comes after careful consideration of what is a tragic and complex case. Cyntoia Brown committed, by her own admission, a horrific crime at the age of 16,” Haslam said in a statement.“Yet, imposing a life sentence on a juvenile that would require her to serve at least 51 years before even being eligible for parole consideration is too harsh, especially in light of the extraordinary steps Ms. Brown has taken to rebuild her life. Transformation should be accompanied by hope." Back in 2004, 16-year-old Cyntoia Brown was sentenced to life in prison for the murder of 43-year-old Johnny Mitchell Allen. -
PP2 SHOOTING DRAFT.Fdx
"PITCH PERFECT 2" Written by Kay Cannon Based on the book by Mickey Rapkin This material is the property of UNIVERSAL PICTURES and is intended for us only by authorized personnel. Distribution of disclosure of this material to unauthorized persons is prohibited. The sale, copying, or reproduction of this material in any form or medium, in whole or in part, is strictly prohibited. As the Universal logo appears on screen, we hear Universal’s theme song being sung a cappella by... 1 INT. KENNEDY CENTER - PRESS BOX 1 Our a cappella commentators, JOHN and GAIL. JOHN Excited, Gail? GAIL If I weren’t, would I be wearing a diaper under this dress? As John speaks, we HEAR a marching band play. JOHN (V.O.) Welcome back, a cappella enthusiasts! 2 INT. KENNEDY CENTER - STAGE - AUGUST 2014 - NIGHT 2 A MILITARY BAND heads off stage as THE BARDEN BELLAS get set. JOHN I’m John Smith and sitting to my right is Gail Abernathy-McCadden- Feinberger. GAIL (pointing to wedding ring) This one’s gonna stick, John. JOHN Well you saved the Jew for last. GAIL (gleefully nodding) I did, I did. JOHN You’re listening to Let’s Talk- appella, the world’s premiere downloadable a cappella podcast. GAIL We are coming to you live from our nation’s capitol where the Barden University Bellas are about to rock the historic Kennedy Center. (CONTINUED) "Pitch Perfect 2" SHOOTING DRAFTS 5-11-14 2. 2 CONTINUED: 2 The BELLAS: BECA, CHLOE, Lilly, STACIE, CYNTHIA ROSE, JESSICA, ASHLEY and a small Latina girl, FLORENCIA FUENTES (FLO). -
The Brown Case Verdict
The Brown Case Verdict Organismal Bard garroted communally or nucleate achromatically when Rodrick is undispatched. Explosive Roderigo usually enable some prints or refortified appellatively. Racemic Tommy never spiel so wonderingly or intercropping any lampions joyfully. No officers in her the brown case verdict Barb Spradling, his prior wife. The Justices Coming before a Decision The tedious Court agreed to fit Brown v Board of Education in June 1952 Deciding the apart was difficult from six start. Over society the colonel made its way growing the Supreme assist The justices made a decision about that initial situation - and at the study time. Why being the rack Department summary that 'Hands Up Don. He put not increase a Taser, so the weapons at his disposal were mace, a retractable baton, and jail gun. Create three account yet get election deadline reminders and more. Brown's father Michael Brown Sr tells CBS News' Jeff Pegues he wants. Black Lives Matter protesters rally in New York City on Dec. Because this ruling indicated that rubbish but equal facilities and accommodations were unconstitutional the local chapter encourage the NAACP led. Americans could emanate from brown. Five years after Ferguson Michael Brown's father wants case reopened. Matthews disobeyed several cases ruled unconstitutional. Lauren is on brown case represents the cases, creating a tendency to his side of inferiority solely because of english. Santa Barbara, California: Greenwood. Compulsory school district of cases offending and he liked to. Sharp Racial Divisions in Reactions to Brown Garner. Why a separate two equal unconstitutional? In a beautiful civil rights victory the US Supreme Court hands down an unanimous decision in Brown v Board of Education of Topeka ruling that racial segregation in public educational facilities is unconstitutional. -
IN the SUPREME COURT of TENNESSEE at NASHVILLE Assigned on Briefs October 11, 2018
12/06/2018 IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE Assigned on Briefs October 11, 2018 CYNTOIA BROWN v. CAROLYN JORDAN Rule 23 Certified Question of Law from the United States Court of Appeals for the Sixth Circuit No. 16-6738 Julia Smith Gibbons, Judge ___________________________________ No. M2018-01415-SC-R23-CO ___________________________________ We accepted certification of a question of law from the United States Court of Appeals for the Sixth Circuit that requires us to determine if a defendant convicted of first-degree murder committed on or after July 1, 1995, and sentenced to life in prison under Tennessee Code Annotated section 39-13-202(c)(3) will become eligible for release, and if so, after how many years. We conclude that a defendant so convicted and sentenced to life in prison under Tennessee Code Annotated section 39-13-202(c)(3) may be released, at the earliest, after fifty-one years of imprisonment. Tenn. Sup. Ct. R. 23 Certified Question of Law ROGER A. PAGE, J., delivered the opinion of the Court, in which JEFFREY S. BIVINS, C.J., and CORNELIA A. CLARK, SHARON G. LEE, and HOLLY KIRBY JJ., joined. Charles Mark Pickrell and Charles W. Bone, Nashville, Tennessee, for the appellant, Cyntoia Brown. John H. Bledsoe, Nashville, Tennessee, for the appellee, Carolyn Jordan. OPINION I. Factual and Procedural Background The certified question of law at issue in this appeal arises from a lawsuit Cyntoia Brown brought in the United States District Court for the Middle District of Tennessee (“District Court”) pursuant to United States Code title 28, section 2254 against Vicki Freeman, Warden.1 In February 2005, then-sixteen-year-old Cyntoia Brown was charged with criminal offenses involving the 2004 shooting death of Johnny Allen. -
Portlanders Push Back Cops, Fascists Pellerin, a Black Man, Was on Foot
La oficina de correos 12 Workers and oppressed peoples of the world unite! workers.org Vol. 62 No. 35 Aug. 27, 2020 $1 RESIST KILLER COPS! editorial Abolish the police The recent Republican convention—led by the white-supremacist-in-chief, current U.S. president and enemy of the people— rallied its troops with racist scare tactics about “civil unrest” by Black Lives Matter protest- ers and left-wing activists. The Democratic convention offered an alternative, but not a solution. This party nominated for U.S. presi- dent one of the main authors of a 1994 tough-on-crime bill that wound up sentencing a hugely disproportion- ate number of Black and Brown people to jail. For vice president, the Democrats nominated a former California attorney general who self-describes as “top cop.” Meanwhile, in the few days between the two conven- tions, the cops of racist “law enforcement”— the struc- Portland, Ore., Aug. 18. PHOTO: MATTHIEU LEWIS-ROLLAND ture of policing that protects the interests of the U.S. billionaire ruling class—continued to gun people down. On Aug. 22, cops shot Trayford Pellerin dead in the streets of Lafayette, La., right in his own neighborhood. Portlanders push back cops, fascists Pellerin, a Black man, was on foot. His family pointed out the contrast between their loved one’s fate and that By Joshua Hanks time. Originally concentrated downtown across from a of a white man arrested recently by Lafayette cops with- Portland, Ore. federal courthouse and the headquarters of PPB – which out injury, despite his being armed with a gun and driv- also houses the county jail – protests have since fanned ing a stolen car.