Monday, December 7, 2009

Materials on Megan's Law

History of California Megan's Law



Maureen Hopbell, Balancing the Protection of Children Against the Protection of Constitutional Right: The Past, Present and Future of Megan's Law, Duquesne Law Review (2004) A good summary of the origins of Megan's Law.

Note, Making Outcasts Out of Outlaws: The Unconstitutionality of Sex Offender Registration and Criminal Alien Detention, Harvard Law Review (2004). An attack on the constitutionality of Megan's laws

Constitutional Law, Harvard Law Review (2003) Review and comment on the Supreme Court's decisions in Smith v Doe and Connecticut Dept of Public Safety v Doe

Smith v Doe US Supreme Court 2003


Doe v Pataki, Partial invalidation of NY Megan's law (1996)

Doe v Poritz, NJ Supreme Court upholds NJ Megan's Law (1995)


US v Ursurey


Materials on Hate Crime

Wisconsin v Mitchell (1993) This is the leading US Supreme Court upholding the constitutionality of hate crimes statutes.

Text of Hate Crimes Statute





Heidi M. Hurd / Michael S. Moore, Punishing Hatred and Prejudice

Anthony M. Dillof, Punishing Bias: An Examination of the Theoretical Foundations of Bias Crime Statutes

Susan Gellman, Hate Crime Laws After Wisconsin v. Mitchell

Christopher Dipompeo, Federal Hate Crime Laws and United States V. Lopez: On a Collision Course to Clarify Jurisdictional-Element Analysis

Gregory R. Nearpass, The Overlooked Constitutional Objection and Practical Concerns to Penalty-Enhancement Provisions of Hate Crime Legislation

Jordan Blair Woods, Taking the "Hate" out of Hate Crimes: Applying Unfair Advantage Theory to Justify the Enhanced Punishment of Opportunistic Bias Crimes

Carissa Byrne Hessick, Motive's Role in Criminal Punishment

Steven Bennett Weisburd / Brian Levin, "On the Basis of Sex": Recognizing Gender-Based Bias Crimes

George L. Blum, Validity, Construction, and Effect of "Hate Crimes" Statutes, "Ethnic Intimidation" Statutes, Or the Like

Kahan Two Liberal Fallacies About Hate Crimes

Hate Crimes Law and the Limits of Inculpation

Anti-Defamation League Website