Print Issue Volume 99 - Issue 5

No Longer Available: Critiquing the Contradictory Ways Courts Treat Exclusive Arbitration Forum Clauses when the Forum Can No Longer Arbitrate

A number of contracts contain clauses mandating that any disputes arising under the contract must be resolved through arbitration by a particular forum. However, disputes over these contracts can end up in court when the exclusive arbitration forum cannot, or will not, arbitrate them. Under 9 U.S.C. § 5, a court can appoint a new […]

Read More :: View PDF

Foreword, Minnesota Law Review Symposium

Read More :: View PDF

Substituting Effective Community Supervision for Incarceration

Community supervision systems—chiefly probation and parole—handle many more offenders than do the prisons and the jails. Typically, offenders subject to community supervision face only unsystematic attempts to monitor their compliance with probation or parole conditions, and are subject to sporadic and delayed, but occasionally severe, sanctions for non-compliance: a practice inconsistent with what is known […]

Read More :: View PDF

What Are We Hoping For? Defining Purpose in Deterrence-Based Correctional Programs

One of the most popular program models in criminal justice today is that popularized by Hawaii Opportunity Probation with Enforcement (HOPE). HOPE and other programs like it grow out of research suggesting that the most effective way to prevent violations of conditions of supervision is to more accurately detect them, respond to them immediately, and […]

Read More :: View PDF

HOPE Probation and the New Drug Court: A Powerful Combination

Traditional felony probation programs in the United States often suffer from poor probationer compliance. In spite of dedicated and skilled probation officers using Evidence Based Principles, many probationers fail to successfully complete probation nationwide. Part of this systemic problem is an inability of Probation Officers and the Court to impose immediate consequences for probation violations […]

Read More :: View PDF

The Burdens of Leniency: The Changing Face of Probation

Since its inception in the mid-1800s, probation has been the sentence of choice in America’s criminal courts, accounting for approximately two-thirds of those under state correctional control, the balance of offenders incarcerated. As such, probation has been widely conceived of as a grant of leniency, a humane alternative to jail and prison, and animated by […]

Read More :: View PDF

The Economic Rehabilitation of Offenders: Recommendations of the Model Penal Code (Second)

It is well known that the United States. is the most punitive society in the world in the use of incarceration, and is in the “upper” tier of worldwide severity in use of the death penalty. Very recently, awareness has been growing that the United States, is equally exceptional for high rates of probation and […]

Read More :: View PDF

The Benefits and Costs of Economic Sanctions: Considering the Victim, the Offender, and Society

A consideration of economic sanctions must distinguish between the types and purposes of the different sanctions.  Costs and fees refer to charges the offender must pay to reimburse the state for the administrative costs of operating the criminal justice system, although there is some variance in how the terms are used.  Fines are monetary penalties […]

Read More :: View PDF

Improving Economic Sanctions in the States

Economic sanctions in the United States justice system have acquired newfound attention from the public and policymakers across the country in recent years. As states reconsider excessively severe sentences for low level offenders captured in the justice system, there is a renewed interest in using alternatives to incarceration—including economic sanctions—to further penal policy while avoiding […]

Read More :: View PDF

Piling On: Collateral Consequences and Community Supervision

While there has been great legal, media, and policy interest in the collateral effects of imprisonment, far less attention has been devoted to collateral consequences during and after periods of community supervision. Such consequences are wide-ranging, placing limits on education, employment, family rights, gun ownership, housing, immigration status, political participation, public assistance, and travel, to […]

Read More :: View PDF

De Novo

  • Prison for the Innocent

    PRISON FOR THE INNOCENT: THE ‘NEWLY DISCOVERED EVIDENCE’ STANDARD THROUGH THE LENS OF NASH V. RUSSELL By: Alexa Ely, Volume 102 Staff Member Since 1989, there have been over 2,120 exonerations with nearly 18,450 years lost in prison by innocent men and women in the United States criminal justice system.[1] […]

  • “Transgender Need Not Apply”

    ‘TRANSGENDER NEED NOT APPLY’[1]: HOW THE SESSIONS MEMO THREATENS ESSENTIAL WORKPLACE PROTECTIONS FOR TRANSGENDER INDIVIDUALS By: Libby Bulinski, Volume 102 Staff Member On October 4th, 2017, U.S. Attorney General Jeff Sessions issued a memorandum stating that Title VII of the 1964 Civil Rights Act does not prohibit discrimination based on […]

  • Scandal in the NCAA

    SCANDAL IN THE NCAA: A FIDUCIARY TALE By: Andrew Escher, Volume 102 Staff Member Common wisdom holds that sports bring people together. In circumstances as varied as a Texas high school at a Friday night football game or an entire country during the Olympics, athletics gives disparate groups of people […]

© 2011-2016 Minnesota Law Review. All Rights Reserved.