When Southern Baptist leader Reverend Jerry Vines recently declared that Mohammed was a "demon-po... more When Southern Baptist leader Reverend Jerry Vines recently declared that Mohammed was a "demon-possessed pedophile," and that Allah leads Muslims to terrorism, his comments received national attention. 1 Yet many people, particularly outside the South, may have dismissed the speech as reactionary nonsense 2 from the group that, four years earlier, pronounced that a wife "should submit herself graciously" to her husband's leadership. 3 This article argues that Vines' speech drew links between Islam, terrorism, and pedophilia in ways far more significant than dismissive readers might have anticipated. While Vines' statement was among the most explicit efforts tying Islam and terrorism to pedophilia, close scrutiny of rhetoric following September 11th suggests that this link is becoming increasingly common and natural. Why should this seemingly tenuous metaphor be consequential to legal scholars? Because this rhetorical connection may help create the
INDIANA LAW JOURNAL Law.' The call for new sex-offender registration and community-notification l... more INDIANA LAW JOURNAL Law.' The call for new sex-offender registration and community-notification laws spread across the nation, 7 motivated by the constant recitation of Megan's tragic demise. Although many states adopted these provisions of their own accord, in 1994 the U.S. Congress passed legislation effectively requiring every state to establish a system for registering certain offenders." In 1996 Congress raised its demands, requiring every state to provide for community notification as well.'" Under pressure from both Congress and public opinion, every state has now adopted some version of Megan's Law."' Support for Megan's Law within both Congress and state legislatures was overwhelming. When community notification came up for discussion in the U.S. House of Representatives, for instance, only one representative voiced opposition.' The provision initially passed the House 415 to 3, but the three opponents of the law-in an apparent search for political cover-changed their vote, resulting in a final tally of 418 to 0.3 In Florida, legislators did not bother to debate the merits of community notification, adopting the provision unanimously.1 4 Megan's Law passed 6. Joseph F. Sullivan, Whitman Approves Stringent Restrictions on Sex Criminals, N.Y. TIMES, Nov. 1, 1994, at B1. 7. Registration laws require certain convicted offenders to register with state authorities, providing them with a current address. Notification laws allow, or require, dissemination of the registration information to the public at large. In some notification systems, only citizens with an interest in a particular person will be notified; typically, notification is provided within certain geographic areas. In more aggressive jurisdictions, the identity of offenders is widely publicized, frequently via the Internet. 8. The first sex-offender community-notification law actually predated the Megan Kanka incident. As a result of its own high-profile case of child sexual assault and murder, the state of Washington adopted the Community Protection Act in 1990. WASH. REV.
Some secrets hide in plain view. The public registries of criminal offenders are among the most t... more Some secrets hide in plain view. The public registries of criminal offenders are among the most transparent aspects of the American criminal justice system, providing citizens detailed information about criminals in their communities and beyond. For curious web surfers and policy analysts alike, a vast catalog of criminals-complete with photos, descriptions of crimes, and addresses-is only a mouse click away. Yet buried in these galleries of rogues is a troubling and heretofore undiscovered fact: community notification schemes, popularly known as "Megan's Laws", punish African-Americans more severely than any other racial group. 1 Racial inequality is serious enough, but the problem does not end there. Democratic process itself appears to have been derailed. The racial inequities of Megan's Laws-among the most significant developments in late twentieth century criminal law-have never been discussed or debated in legislatures,
Supreme Court, for the first time, provided widespread protection for attorneys seeking to advert... more Supreme Court, for the first time, provided widespread protection for attorneys seeking to advertise their services. The move made sense from a commercial standpoint. As the size of the legal profession grew, competition for clients—particularly among those attorneys in less established practices—rose as well. Advertising provided a way for lawyers to enhance their visibility and expand their clientele. Since the Court's landmark decision, attorney expenditures on advertising have soared. In many cities, lawyers blanket the mass media ...
Laws Apply at Sea, Supreme Court Rules was the Washington Post headline'for a story reportin... more Laws Apply at Sea, Supreme Court Rules was the Washington Post headline'for a story reporting the Supreme Court's November 13, 1922 decision of United States v. Bowman. 2 In 1922, America had not yet imagined a globalized world where a local Washington DC phone call might be answered in New Delhi and where the notion of Americans making clothes and forging steel was becoming quaint and antiquated.
America's century-old juvenile justice system is critically ill. This is the standard accoun... more America's century-old juvenile justice system is critically ill. This is the standard account offered by most progressive observers of the juvenile courts. According to these critics, the nation has abandoned its long-term commitment to the treatment and rehabilitation of child offenders. Indeed, the traditional narrative blames liberal hubris: the Warren Court's wellintentioned criminal-procedure revolution unwittingly undermined the unique flexibility of the juvenile courts. The downfall of progressive juvenile justice policy provides yet another ...
Some secrets hide in plain view. The public registries of criminal offenders are among the most t... more Some secrets hide in plain view. The public registries of criminal offenders are among the most transparent aspects of the American criminal justice system, providing citizens detailed information about criminals in their communities and beyond. For curious web surfers and policy analysts alike, a vast catalog of criminals—complete with photos, descriptions of crimes, and addresses—is only a mouse click away. Yet buried in these galleries of rogues is a troubling and heretofore undiscovered fact: community-notification schemes, ...
When Southern Baptist leader Reverend Jerry Vines recently declared that Mohammed was a "demon-po... more When Southern Baptist leader Reverend Jerry Vines recently declared that Mohammed was a "demon-possessed pedophile," and that Allah leads Muslims to terrorism, his comments received national attention. 1 Yet many people, particularly outside the South, may have dismissed the speech as reactionary nonsense 2 from the group that, four years earlier, pronounced that a wife "should submit herself graciously" to her husband's leadership. 3 This article argues that Vines' speech drew links between Islam, terrorism, and pedophilia in ways far more significant than dismissive readers might have anticipated. While Vines' statement was among the most explicit efforts tying Islam and terrorism to pedophilia, close scrutiny of rhetoric following September 11th suggests that this link is becoming increasingly common and natural. Why should this seemingly tenuous metaphor be consequential to legal scholars? Because this rhetorical connection may help create the
INDIANA LAW JOURNAL Law.' The call for new sex-offender registration and community-notification l... more INDIANA LAW JOURNAL Law.' The call for new sex-offender registration and community-notification laws spread across the nation, 7 motivated by the constant recitation of Megan's tragic demise. Although many states adopted these provisions of their own accord, in 1994 the U.S. Congress passed legislation effectively requiring every state to establish a system for registering certain offenders." In 1996 Congress raised its demands, requiring every state to provide for community notification as well.'" Under pressure from both Congress and public opinion, every state has now adopted some version of Megan's Law."' Support for Megan's Law within both Congress and state legislatures was overwhelming. When community notification came up for discussion in the U.S. House of Representatives, for instance, only one representative voiced opposition.' The provision initially passed the House 415 to 3, but the three opponents of the law-in an apparent search for political cover-changed their vote, resulting in a final tally of 418 to 0.3 In Florida, legislators did not bother to debate the merits of community notification, adopting the provision unanimously.1 4 Megan's Law passed 6. Joseph F. Sullivan, Whitman Approves Stringent Restrictions on Sex Criminals, N.Y. TIMES, Nov. 1, 1994, at B1. 7. Registration laws require certain convicted offenders to register with state authorities, providing them with a current address. Notification laws allow, or require, dissemination of the registration information to the public at large. In some notification systems, only citizens with an interest in a particular person will be notified; typically, notification is provided within certain geographic areas. In more aggressive jurisdictions, the identity of offenders is widely publicized, frequently via the Internet. 8. The first sex-offender community-notification law actually predated the Megan Kanka incident. As a result of its own high-profile case of child sexual assault and murder, the state of Washington adopted the Community Protection Act in 1990. WASH. REV.
Some secrets hide in plain view. The public registries of criminal offenders are among the most t... more Some secrets hide in plain view. The public registries of criminal offenders are among the most transparent aspects of the American criminal justice system, providing citizens detailed information about criminals in their communities and beyond. For curious web surfers and policy analysts alike, a vast catalog of criminals-complete with photos, descriptions of crimes, and addresses-is only a mouse click away. Yet buried in these galleries of rogues is a troubling and heretofore undiscovered fact: community notification schemes, popularly known as "Megan's Laws", punish African-Americans more severely than any other racial group. 1 Racial inequality is serious enough, but the problem does not end there. Democratic process itself appears to have been derailed. The racial inequities of Megan's Laws-among the most significant developments in late twentieth century criminal law-have never been discussed or debated in legislatures,
Supreme Court, for the first time, provided widespread protection for attorneys seeking to advert... more Supreme Court, for the first time, provided widespread protection for attorneys seeking to advertise their services. The move made sense from a commercial standpoint. As the size of the legal profession grew, competition for clients—particularly among those attorneys in less established practices—rose as well. Advertising provided a way for lawyers to enhance their visibility and expand their clientele. Since the Court's landmark decision, attorney expenditures on advertising have soared. In many cities, lawyers blanket the mass media ...
Laws Apply at Sea, Supreme Court Rules was the Washington Post headline'for a story reportin... more Laws Apply at Sea, Supreme Court Rules was the Washington Post headline'for a story reporting the Supreme Court's November 13, 1922 decision of United States v. Bowman. 2 In 1922, America had not yet imagined a globalized world where a local Washington DC phone call might be answered in New Delhi and where the notion of Americans making clothes and forging steel was becoming quaint and antiquated.
America's century-old juvenile justice system is critically ill. This is the standard accoun... more America's century-old juvenile justice system is critically ill. This is the standard account offered by most progressive observers of the juvenile courts. According to these critics, the nation has abandoned its long-term commitment to the treatment and rehabilitation of child offenders. Indeed, the traditional narrative blames liberal hubris: the Warren Court's wellintentioned criminal-procedure revolution unwittingly undermined the unique flexibility of the juvenile courts. The downfall of progressive juvenile justice policy provides yet another ...
Some secrets hide in plain view. The public registries of criminal offenders are among the most t... more Some secrets hide in plain view. The public registries of criminal offenders are among the most transparent aspects of the American criminal justice system, providing citizens detailed information about criminals in their communities and beyond. For curious web surfers and policy analysts alike, a vast catalog of criminals—complete with photos, descriptions of crimes, and addresses—is only a mouse click away. Yet buried in these galleries of rogues is a troubling and heretofore undiscovered fact: community-notification schemes, ...
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