Is Retribution Worth the Cost?

SHERRY F. COLB

Cornell law professor Sherry F. Colb discusses the four purported goals of the criminal justice system—deterrence, incapacitation, retribution, and rehabilitation—and argues that retribution may preclude rehabilitation. Colb considers whether restorative justice—wherein a victim has a conversation with the offender and talks about what he did to her and why it was wrong—might better serve the rehabilitative purpose than long prison sentences do.

Read More

The Other Epidemic

KATHRYN ROBB

Kathryn Robb, executive director of CHILD USAdvocacy, comments on a public-health crisis that is getting relatively less attention right now: the scourge of child sex abuse. To address this crisis, Robb calls for greater public awareness, stronger laws protecting children, and legislative action

Read More

Jet Midwest International Co. v. Ohadi

Docket: 19-1098

Opinion Date: March 25, 2020

Judge: Lavenski R. Smith

Areas of Law: Business Law

The Eighth Circuit affirmed the district court's order granting Jet Midwest and PMC's motion for a preliminary injunction to prevent Appellant Ohadi and Woolley from foreclosing on the assets of JMG until the parties conduct an expedited trial on the merits of the underlying fraudulent transfer act. The court held that the district court properly applied the Dataphase factors and did not abuse its discretion in making the reasonable decision to grant the preliminary injunction to maintain the status quo and expedite the trial to further develop the record. In this case, the district court did not abuse its discretion in determining that Jet Midwest demonstrated a likelihood of success on the merits where there was no dispute that the sale initially contained parts from Jet Midwest's Aircraft and that Jet Midwest had a purchase money interest in the Aircraft; Jet Midwest would suffer irreparable harm if Ohadi and Woolley were allowed to proceed with the foreclosure sale; Ohadi and Woolley's burden is outweighed by the serious potential harm Jet Midwest would face if Ohadi and Woolley conducted a foreclosure sale of its possible interests; and the district court did not abuse its discretion in finding that the public interest favored enforcing the injunction to prevent fraud.

LSP Transmission Holdings, LLC v. Sieben

Docket: 18-2559

Opinion Date: March 25, 2020

Judge: Lavenski R. Smith

Areas of Law: Constitutional Law

The Eighth Circuit affirmed the district court's determination that Minn. Stat. Sec. 216B.246, subdiv. 2, which grants incumbent electric transmission owners the right of first refusal (ROFR) to construct, own and maintain electric transmission lines that connect to their existing facilities does not violate the dormant Commerce Clause. The court held that the statute was not facially discriminatory and had no discriminatory purpose nor effect. Furthermore, the court dismissed the undue burden claim, because the court could not say that the burden imposed by the ROFR law is clearly excessive in relation to Minnesota’s legitimate state interests in regulating its electric industry and maintaining the status quo.