Suchergebnisse

Stateville penitentiary in Illinois has housed some of Chicago's most infamous criminals and was proclaimed to be ""the world's toughest prison"" by Joseph Ragen, Stateville's powerful warden from 1936 to 1961. It shares with Attica, San Quentin, and Jackson the notoriety of being one of the maximum security prisons that has shaped the public's conception of imprisonment. In Stateville James B. Jacobs, a sociologist and legal scholar, presents the first historical examination of a total prison organization-administrators, guards, prisoners, and special interest groups.Jacobs applies Edward Shi

Parentage law is heavily influenced by the number "two." The traditional paradigm of one mother and one father, especially a married mother and father, has been a bedrock of Western society. In recent decades, however, the traditional two parent paradigm has started to erode and courts have responded. For example, some courts have held that a child can have two legal parents of the same sex. In other cases, a child has been deemed to have just one legal parent and yet in others, even three legal parents. These cases highlight shifts within the law of parentage that have occurred as the nuclear family has decreased in prominence and as the use of assisted reproductive technologies has changed the ways in which families are created. I have previously advocated for the expansion of legal parentage to persons not traditionally considered a legal parent, such as the lesbian partner of a legal mother. I have also suggested that, in limited circumstances, courts consider conferring legal parentage in more than two adults who are raising a child including recognizing that a child might have two fathers. In my home state of Michigan, the traditional two parent paradigm is firmly entrenched as illustrated, in part, by the state's strict marital presumption, which does not permit a putative father the ability to challenge the husband's paternity. About one‐fifth of U.S. jurisdictions have a similarly strict marital presumption. In this short essay, I criticize the lingering marital presumption and use the critique to illustrate broader inconsistencies within the law of parentage. I also make some modest suggestions for parentage law reform.Key Points for the Family Law Community:
Family law should embrace changing family forms and recognize more than two legal parents for some children.
The marital presumption, while historically expedient, should be replaced with an intent and function based assumption of parentage.

This article calls attention to the tendency of liberal criminologists to mix facts and values when assessing sentencing policies. It argues that an objective methodology for ranking countries with respect to sentencing severity has yet to be developed and urges caution and clarification in making moral criticisms of US sentencing policy and imprisonment rates.

A sociolegal perspective is developed for examining legal change within the US armed forces since WWII. Three trends in the military law are identified: (1) the extension of procedural & substantive rights, (2) a shift of emphasis from criminal to administrative law, & (3) a reemphasis on the contractual nature of military service. A historical analysis of the sources of legal change indicates that neither Congress nor the federal courts have served as important change agents. Change has occurred because of more indirect impacts of civilian legal trends on military personnel & military lawyers & decision-makers. While the limits of the extension of rights may now have been reached, the movement toward a more contractual relationship between the service person & the military remains strong. 1 Table. AA.