Teaching Public Policy Drafting in Law School: One Professor\u27s Approach

This article provides an overview of the Drafting for Public Policy course offered at the Texas A&M University School of Law. The article addresses the theoretical and pedagogical underpinnings of the course, including how such a course easily encompasses the teaching of cultural context and awareness, as well as professional identity, and encourages students to engage deeply in the policymaking process. It also explores the continued relevance of the work of Harold D. Lasswell, as well as that of Myres McDougal and Anthony Kronman. These works, from 1943 and 1993 respectively, resonate now because they called on law schools to engage students in practical application and ensure they developed a sound professional identity with an emphasis on commitment to the public good-two calls the legal academy hears loudly today. The article also provides a sample syllabus, ideas for assignments, and discussions of elements of the textbook used in the course to provide readers guidance in developing their own courses

A Federal Certificate of Rehabilitation Program: Providing Federal Ex-Offenders More Opportunity for Successful Reentry

The purpose of this Article is to propose a new federal certificate of rehabilitation program. The creation of such a program not only would help the thousands of federal offenders released back into their communities every year overcome employment barriers but would also serve as a model for states to use in addressing the need of their own burgeoning population of former offenders. In order to understand the magnitude of the problem, it is essential to understand the pool of offenders affected by their criminal history, the intent of the federal agencies to assist this disadvantaged group, and the barriers they face. This Article pulls from the most recent data and sources available to provide an in-depth picture of the problem so that suggested solution can be seen as a part of the whole.Part I of this article presents a brief discussion of the policy focus that lead to passage of the Second Chance Act of 2007, the most significant piece of federal legislation to address reentry issues in order to provide the context for current re-entry initiatives; Part II provides the most recent information on the federal prison population, including current demographics, which provides the context for why federal offenders in particular may face hurdles to establishing rehabilitation for job purposes. Part III presents information on the Federal Bureau of Prisons and other federal agencies — including the role of federal probation officers and supervised release — involved in the reentry process, particularly as it relates to ex-offender employment training and reentry employment; Part IV examines the current economic and employment environment, particularly as it relates to ex-offenders; Part V provides an overview of current certificate rehabilitation programs, including their strengths and weaknesses and illustrates the disqualification of most federal offenders for such programmatic relief. The conclusion of this Article proposes a federal certificate of rehabilitation program as an extension of federal supervised release efforts. Such a program is consistent with the goals of reentry and would demonstrate that this country is, indeed, the land of the second chance

Introduction to the Symposium Edition: New Technology and Old Law: Rethinking National Security

Introduction to the Symposium Edition: New Technology and Old Law: Rethinking National Securit

Congress Should Engage in Sentencing Review: Some Ideas for the 111th Congress

Since the Booker decision, Congress has demonstrated, for the most part, remarkable restraint against tinkering with the system, a fact owed in large measure to the efforts of the United States Sentencing Commission to keep Congress informed about federal sentencing trends. The Commission has done an admirable job in turning around its data collection, analysis, and reporting functions to provide Congress, and the entire criminal justice system, with useful statistics and information that suggest the system is not falling apart. For example, the Commission\u27s efforts demonstrate, as Frank Bowman noted, that the average sentence in federal cases did rise between the pre-Booker 2005 time period (median sentences of 43.8 months) and fiscal year 2007 (51.8 months). Looking at this statistic suggests that the system is not spinning out of control across the board resulting in every federal offender receiving a probationary sentence. Moreover, despite the Department of Justice\u27s concerns immediately after Booker that it would lose leverage to gain cooperation from defendants, not only has the rate of substantial assistance motions remained relatively steady, the percentage of government-sponsored below-range sentences has continued to increase since Booker

Congress Should Engage in Sentencing Review: Some Ideas for the 111th Congress

Since the Booker decision, Congress has demonstrated, for the most part, remarkable restraint against tinkering with the system, a fact owed in large measure to the efforts of the United States Sentencing Commission to keep Congress informed about federal sentencing trends. The Commission has done an admirable job in turning around its data collection, analysis, and reporting functions to provide Congress, and the entire criminal justice system, with useful statistics and information that suggest the system is not falling apart. For example, the Commission\u27s efforts demonstrate, as Frank Bowman noted, that the average sentence in federal cases did rise between the pre-Booker 2005 time period (median sentences of 43.8 months) and fiscal year 2007 (51.8 months). Looking at this statistic suggests that the system is not spinning out of control across the board resulting in every federal offender receiving a probationary sentence. Moreover, despite the Department of Justice\u27s concerns immediately after Booker that it would lose leverage to gain cooperation from defendants, not only has the rate of substantial assistance motions remained relatively steady, the percentage of government-sponsored below-range sentences has continued to increase since Booker

Introduction to the Symposium Edition of the Texas A&M Journal of Property Law and The United States Defense Industry: Innovation, Acquisition, and Analysis

On February 23, 2018, the Texas A&M Journal of Property Law held an innovative and informative symposium on the United States Defense Industry focused on the acquisition process from conception to deployment and the scientific, budgetary, political, and legal framework through which the United States joint force is forged. The symposium brought together stakeholders from academia, private and public sectors, and the military to explain, analyze, and assess the labyrinthine weapons acquisition system and its role-and impact-on national security

A History of Miranda and Why It Remains Vital Today

Custodial interrogations and how they are conducted in light of Miranda and its progeny are an integral part of the American criminal justice process and a necessary tool for criminal law enforcement, not merely a source of catchy phrases for today\u27s popular television shows, for a very simple reason: The warnings set the ground rules for custodial interrogations and ensure that the interrogator and suspect are on a level playing field. A review of the case law surrounding the Miranda decision reveals that Miranda is a case that has encapsulated the nation\u27s beliefs and, while subject to the ebbs and flows that come with an elastic and accommodating form of government, remains a vital component of the American criminal justice system