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Articles 1 - 19 of 19
Full-Text Articles in Entire DC Network
Transcript - Civil Liberties: The Next 100 Years, Susan Herman, Erwin Chemerinsky, Ellis Cose, Anthony Romero, Nadine Strossen
Transcript - Civil Liberties: The Next 100 Years, Susan Herman, Erwin Chemerinsky, Ellis Cose, Anthony Romero, Nadine Strossen
Articles & Chapters
No abstract provided.
"Insanity Is Smashing Up Against My Soul": The Fifth Circuit And Competency To Be Executed Cases After Panetti V. Quarterman, Michael L. Perlin, Talia Roitberg Harmon
"Insanity Is Smashing Up Against My Soul": The Fifth Circuit And Competency To Be Executed Cases After Panetti V. Quarterman, Michael L. Perlin, Talia Roitberg Harmon
Articles & Chapters
One of the open secrets of death penalty law and policy is the astonishingly high percentage of individuals on death row with serious mental disabilities. This is well known to lawyers who represent this cohort (and presumably, equally well known to the district attorneys who nevertheless prosecute them and the judges who try and sentence them), but is not generally discussed in the press nor, certainly, in political discourse. In the aggregate, this is far beneath society’s radar.
It is now over 14 years since the US Supreme Court decided a case that clarified the underlying issues. In Panetti v. …
Access Denied: How 28 U.S.C. Sec. 1915(G) Violates The First Amendment Rights Of Indigent Prisoners, Molly Guptill Manning
Access Denied: How 28 U.S.C. Sec. 1915(G) Violates The First Amendment Rights Of Indigent Prisoners, Molly Guptill Manning
Articles & Chapters
No abstract provided.
Prejudice-Based Rights In Criminal Procedure, Justin Murray
Prejudice-Based Rights In Criminal Procedure, Justin Murray
Articles & Chapters
This Article critically examines a cluster of rules that use the concept of prejudice to restrict the scope of criminal defendants’ procedural rights, forming what I call prejudice-based rights. I focus, in particular, on outcome-centric prejudice- based rights—rights that apply only when failing to apply them might cause prejudice by affecting the outcome of the case. Two of criminal defendants’ most important rights fit this description: the right, originating in Brady v. Maryland, to obtain favorable, “material” evidence within the government’s knowledge, and the right to effective assistance of counsel. Since prejudice (or equivalently, materiality) is an element of these …
Can The President Control The Department Of Justice?, Bruce Green, Rebecca Roiphe
Can The President Control The Department Of Justice?, Bruce Green, Rebecca Roiphe
Articles & Chapters
As the investigation into President Trump's campaign ties to Russia grows increasingly intense, it is critical to understand how much control the President has over the Attorney General and the Department of Justice. Some critics claim that the President has absolute power to direct federal prosecutors and control their decisions. The President and his lawyers, joined by several scholars, take this claim one step further by arguing that the chief executive could not be guilty of obstruction of justice because his control over all prosecutorial decisions is absolute. This issue last arose during the Nixon Administration. The Department of Justice …
A Contextual Approach To Harmless Error Review, Justin Murray
A Contextual Approach To Harmless Error Review, Justin Murray
Articles & Chapters
Harmless error review is profoundly important, but arguably broken, in the form that courts currently employ it in criminal cases. One significant reason for this brokenness lies in the dissonance between the reductionism of modern harmless error methodology and the diverse normative ambitions of criminal procedure. Nearly all harmless error rules used by courts today focus exclusively on whether the procedural error under review affected the result of a judicial proceeding. I refer to these rules as “result-based harmlesserror review.” The singular preoccupation of result-based harmless error review with the outputs of criminal processes stands in marked contrast with criminal …
Unraveling The Law Of War, Stephen J. Ellmann
Unraveling The Law Of War, Stephen J. Ellmann
Articles & Chapters
No abstract provided.
Can Prosecutors Be Both Coach And Referee?, Rebecca Roiphe
Can Prosecutors Be Both Coach And Referee?, Rebecca Roiphe
Articles & Chapters
No abstract provided.
Confrontation Clause Curiosities: When Logic And Proportion Have Fallen Sloppy Dead, Randolph N. Jonakait
Confrontation Clause Curiosities: When Logic And Proportion Have Fallen Sloppy Dead, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Exceptions: The Criminal Law's Illogical Approach To Hiv-Related Aggravated Assaults, Ari Ezra Waldman
Exceptions: The Criminal Law's Illogical Approach To Hiv-Related Aggravated Assaults, Ari Ezra Waldman
Articles & Chapters
This Article identifies logical and due process errors in HIV-related aggravated assault cases, which usually involve an HIV-positive individual having unprotected sex without disclosing his or her HIV status. While this behavior should not be encouraged, this Article suggests that punishing this conduct through a charge of aggravated assault - which requires a showing that the defendant’s actions were a means likely to cause grievous bodily harm or death - is fraught with fallacies in reasoning and runs afoul of due process. Specifically, some courts use the "rule of thumb" that HIV can possibly be transmitted through bodily fluids as …
Raising The Bar: Standards-Based Training, Supervision, And Evaluation, Adele Bernhard
Raising The Bar: Standards-Based Training, Supervision, And Evaluation, Adele Bernhard
Articles & Chapters
In this short Article, I sketch the methodology my colleagues and I at Pace Law School use to incorporate practice standards into our clinical teaching and reflect on how a standards-based teaching paradigm could be adapted to the training, supervision, and evaluation of public defenders. Then, I briefly consider how standards and standards-based teaching assist in the administration of assigned counsel plans and in the evaluation of the performance of public defender organizations. Although this Article does not cover any of these topics in depth, my goal is to introduce the reader to a standards-based approach to teaching and suggest …
Equality, I Spoke That Word/ As If A Wedding Vow: Mental Disability Law And How We Treat Marginalized Persons, Michael L. Perlin
Equality, I Spoke That Word/ As If A Wedding Vow: Mental Disability Law And How We Treat Marginalized Persons, Michael L. Perlin
Articles & Chapters
No abstract provided.
The Too Easy Historical Assumptions Of Crawford V. Washington, Randolph N. Jonakait
The Too Easy Historical Assumptions Of Crawford V. Washington, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Rethinking The Death Penalty: Can We Define Who Deserves Death?, Martin Leahy, Robert Blecker, William M. Erlbaum, Jeffrey Fagan, Norman Greene, Jeffrey Kirchmeier, David Von Drehle
Rethinking The Death Penalty: Can We Define Who Deserves Death?, Martin Leahy, Robert Blecker, William M. Erlbaum, Jeffrey Fagan, Norman Greene, Jeffrey Kirchmeier, David Von Drehle
Articles & Chapters
No abstract provided.
Private Bar Monitors Public Defense - Oversight Committee Sets Standards For Indigent Defense Providers, Adele Bernhard
Private Bar Monitors Public Defense - Oversight Committee Sets Standards For Indigent Defense Providers, Adele Bernhard
Articles & Chapters
The oversight committee drafted standards and guidelines with the primary goal of creating a yardstick for defense services organizations against which to measure performance and the hope that a practical set of standards serve multiple purposes, including: educating a skeptical public about what it takes to provide quality defense services; promoting an understanding of why adequate funding is necessary (to engender public support for more spending); and providing notice to the organizations themselves of what is expected of a publicly funded defense office.
Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews
Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews
Articles & Chapters
This Article analyzes the status of women's rights in the newly democratic South Africa. It examines rights guaranteed in the Constitution and conflicts between the principle of gender equality and the recognition of indigenous law and institutions. The Article focuses on the South African transition to democracy and theinfluence that feminist agitation at the international level has had on South African women's attempts at political organization. After dissecting the historical position of customary law in South Africa and questioning its place in the new democratic regime, the author argues that, although South African women have benefited from the global feminist …
The Origins Of The Confrontation Clause: An Alternative History, Randolph N. Jonakait
The Origins Of The Confrontation Clause: An Alternative History, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Justice Harlan And The Bill Of Rights: A Model For How A Classic Conservative Court Would Enforce The Bill Of Rights, Nadine Strossen
Justice Harlan And The Bill Of Rights: A Model For How A Classic Conservative Court Would Enforce The Bill Of Rights, Nadine Strossen
Articles & Chapters
No abstract provided.
Restoring The Confrontation Clause To The Sixth Amendment, Randolph N. Jonakait
Restoring The Confrontation Clause To The Sixth Amendment, Randolph N. Jonakait
Articles & Chapters
No abstract provided.