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Another Residency Restriction Article on SSRN

By Corey Rayburnyung

Proving that I really need to subscribe to various SSRN feeds (as opposed to checking periodically) so that Berman stops scooping me on sex crime articles, Sentencing Law & Policy directs us to this article on SSRN by Asmara Johnson:This Article challenges prevailing judicial orthodoxy that many sex offender residency restrictions are constitutional under the federal Ex Post Facto Clause. The paper applies the analytical framework in Smith v. Doe, the Court's most recent case involving sex offender legislation. It also forges a new way of thinking about these regimes as land-use policies that "negatively" zone individuals out of the urban cores. The paper proposes an innovative "positive" zoning scheme, the Sex Offender Containment Zone, that zones high-risk convicted sex offenders back into the city and that is effective, humane, and constitutional...continue to full post

Full post as published by Sex Crimes on March 13, 2008 (boomark / email).