Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Maurer School of Law: Indiana University (7)
- University of Michigan Law School (7)
- Georgetown University Law Center (3)
- BLR (2)
- Brigham Young University Law School (2)
-
- Chicago-Kent College of Law (2)
- Florida State University College of Law (2)
- University of Nebraska - Lincoln (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Pennsylvania Carey Law School (2)
- Columbia Law School (1)
- Duke Law (1)
- North Carolina Central University School of Law (1)
- Northwestern Pritzker School of Law (1)
- Pace University (1)
- Santa Clara Law (1)
- Southern Methodist University (1)
- St. John's University School of Law (1)
- University of Richmond (1)
- University of the District of Columbia School of Law (1)
- Keyword
-
- Courts (8)
- Confrontation Clause (5)
- Crawford v. Washington (4)
- Davis v. Washington (4)
- Sixth Amendment (4)
-
- Trials (3)
- United States Supreme Court (3)
- Witnesses (3)
- etc. (2)
- Child Testimony (2)
- Child witnesses (2)
- Children (2)
- Civil rights (2)
- Constitutional Law (2)
- Constitutional law (2)
- Criminal Law and Procedure (2)
- Criminal justice (2)
- Cross-examination (2)
- Defendants (2)
- Detention of persons – Guantánamo Bay Naval Base (2)
- Due process of law – United States (2)
- Hammon v. Indiana (2)
- International law (2)
- Law reform (2)
- Laws (2)
- Lawyers (2)
- Military courts (2)
- National Center for State Courts (2)
- Prisoners of war – legal status (2)
- Psychology (2)
- Publication
-
- Indiana Law Journal (5)
- All Faculty Scholarship (4)
- Articles (4)
- Articles by Maurer Faculty (2)
- BYU Law Review (2)
-
- ExpressO (2)
- Faculty Publications (2)
- Faculty Scholarship (2)
- Florida State University Journal of Transnational Law & Policy (2)
- Testimony Before Congress (2)
- University of Michigan Journal of Law Reform (2)
- Center on Children, Families, and the Law: Faculty Publications (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Journal Articles and Book Chapters (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Michigan Law Review (1)
- NULR Online (1)
- Nevada Law Journal (1)
- North Carolina Central Law Review (1)
- Scholarly Works (1)
- State of Nebraska Judicial Branch (1)
- University of Richmond Law Review (1)
- University of the District of Columbia Law Review (1)
- Publication Type
Articles 1 - 30 of 41
Full-Text Articles in Entire DC Network
Changing The Narrative: Convincing Courts To Distinguish Between Misbehavior And Criminal Conduct In School Referral Cases, Marsha L. Levick, Robert G. Schwartz
Changing The Narrative: Convincing Courts To Distinguish Between Misbehavior And Criminal Conduct In School Referral Cases, Marsha L. Levick, Robert G. Schwartz
University of the District of Columbia Law Review
No abstract provided.
Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.
Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.
Troubled Children And Children In Trouble: Redefining The Role Of The Juvenile Court In The Lives Of Children, Ann Reyes Robbins
Troubled Children And Children In Trouble: Redefining The Role Of The Juvenile Court In The Lives Of Children, Ann Reyes Robbins
University of Michigan Journal of Law Reform
This Essay considers the emerging research in the area of dual-jurisdiction children, often referred to as "crossover kids "-those currently or previously involved in maltreatment proceedings who have also committed delinquent acts. Part I describes the development of the juvenile courts in the early twentieth century. Part II of this Essay questions the need to "track" children along one legal path or another and points to the pitfalls of providing services to some children through a criminal justice paradigm instead of treating all children through a social work paradigm. Finally, Part III advocates a redesign of the juvenile court- a …
Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush
Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
Apprendi/Blakely: A Primer For Practitioners, Bruce Cunningham, Heather Rattelade, Amanda Zimmer
Apprendi/Blakely: A Primer For Practitioners, Bruce Cunningham, Heather Rattelade, Amanda Zimmer
North Carolina Central Law Review
No abstract provided.
Kids Say The Darndest Things: The Prosecutorial Use Of Hearsay Statements By Children, Tom Lininger
Kids Say The Darndest Things: The Prosecutorial Use Of Hearsay Statements By Children, Tom Lininger
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller
Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
Memo To The President (And His Opponents): Ideology Still Counts, David A. Strauss
Memo To The President (And His Opponents): Ideology Still Counts, David A. Strauss
NULR Online
No abstract provided.
Standing Alone: Conformity, Coercion, And The Protection Of The Holdout Juror, Jason D. Reichelt
Standing Alone: Conformity, Coercion, And The Protection Of The Holdout Juror, Jason D. Reichelt
University of Michigan Journal of Law Reform
The holdout juror in felony criminal trials is a product of the near-universal decision rule in federal and state courts of a unanimous verdict. In recent years, courts have increasingly inquired into a jury's deliberations when a holdout juror has been identified amid allegations of misconduct. This Article helps bridge the considerable gap between cognitive psychology and legal scholarship, analyzing the thought processes of the holdout juror through the application of empirical evidence and psychological modeling, to conclude that the improved protection of the holdout juror is a necessary and critical component to the preservation of a defendant's right to …
Gonzales-Lopez And Its Bright-Line Rule: Result Of Broad Judicial Philosophy Or Context-Specific Principles?, Jacob D. Briggs
Gonzales-Lopez And Its Bright-Line Rule: Result Of Broad Judicial Philosophy Or Context-Specific Principles?, Jacob D. Briggs
BYU Law Review
No abstract provided.
Unlawful Enemy Combatants: Hearing Before The S. Comm. On Armed Services, 110th Cong., Apr. 26, 2007 (Statement Of Neal Kumar Katyal, Geo. U. L. Center), Neal K. Katyal
Testimony Before Congress
No abstract provided.
Military Commissions Act And The Continued Use Of Guantanamo Bay As A Detention Facility: Hearing Before The H. Comm. On Armed Services, 110th Cong., Mar. 29, 2007 (Statement Of Professor Neal Kumar Katyal, Geo. U. L. Center), Neal K. Katyal
Testimony Before Congress
No abstract provided.
Misjudging, Chris Guthrie
Terrorism And Trial By Jury: The Vices And Virtues Of British And American Criminal Law, Laura K. Donohue
Terrorism And Trial By Jury: The Vices And Virtues Of British And American Criminal Law, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
British tradition and the American Constitution guarantee trial by jury for serious crime. But terrorism is not ordinary crime, and the presence of jurors may skew the manner in which terrorist trials unfold in at least three significant ways. First, organized terrorist groups may deliberately threaten jury members so the accused escapes penalty. The more ingrained the terrorist organization in the fabric of society, the greater the degree of social control exerted under the ongoing threat of violence. Second, terrorism, at heart a political challenge, may itself politicize a jury. Where nationalist conflict rages, as it does in Northern Ireland, …
Who Gets Counted? Jury List Representativeness For Hispanics In Areas With Growing Hispanic Populations Under Duren V. Missouri, Stephen E. Reil
Who Gets Counted? Jury List Representativeness For Hispanics In Areas With Growing Hispanic Populations Under Duren V. Missouri, Stephen E. Reil
BYU Law Review
No abstract provided.
The New Federal Indian Law, Matthew L.M. Fletcher
The New Federal Indian Law, Matthew L.M. Fletcher
ExpressO
Is federal Indian law dead? Despite a declining docket during the Rehnquist Court, the Supreme Court continued to take a disproportionately high number of Indian law cases – and deciding more than 75 percent of them against tribal interests. While many scholars suggest that the Court’s conservative views drive these Indian law decisions and criticize the Court for failing to follow foundational principles of federal Indian law, this Article asserts that the Court’s reasons for granting certiorari and for deciding against tribal interests in these cases are not Indian law-related. Instead, the Court identifies important, unrelated constitutional concerns that appear …
Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora
Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora
ExpressO
The so called “war on terror” provides the Bush administration with a unique opportunity to both establish clear guidelines for the interrogation of detainees and to make a forceful statement about American values. How the government chooses to act can promote either an ethical commitment to the norms of civil society, or an attitude analogous to Toby Keith’s “American Way,” where Keith sings that “you’ll be sorry that you messed with the USofA, ‘Cuz we’ll put a boot in your ass, It’s the American Way.”
No aspect of the “war on terrorism” more clearly addresses this balance than coercive interrogation. …
A Report On Chicago's Felony Courts: Executive Summary (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board), Daniel T. Coyne
All Faculty Scholarship
No abstract provided.
A Report On Chicago's Felony Courts (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board)., Daniel T. Coyne
A Report On Chicago's Felony Courts (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board)., Daniel T. Coyne
All Faculty Scholarship
No abstract provided.
Evidence-Based Practices And State Sentencing Policy: Ten Policy Initiatives To Reduce Recidivism, Roger K. Warren
Evidence-Based Practices And State Sentencing Policy: Ten Policy Initiatives To Reduce Recidivism, Roger K. Warren
Indiana Law Journal
Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.
But Can It Be Fixed? A Look At Constitutional Challenges To Lethal Injection Executions, Ellen Kreitzberg, David Richter
But Can It Be Fixed? A Look At Constitutional Challenges To Lethal Injection Executions, Ellen Kreitzberg, David Richter
Faculty Publications
This article argues that California's Procedure 770 as currently implemented is unconstitutional. Judge Fogel, after an exhaustive review of evidence from all parties,agrees. Although Judge Fogel believes that the lethal injection system, while broken "can be fixed," we argue that lethal injection, as a method of execution, is always unconstitutional because the procedures employed in its administration can never ensure against unnecessary risk of pain to the inmate. We also argue that the California legislature must step in to publicly review lethal injection executions and to investigate the conduct of the California Department of Corrections and Rehabilitation (CDCR) in the …
Nebraska Probation Revocation: A Primer (2007 Revision), Alan G. Gless
Nebraska Probation Revocation: A Primer (2007 Revision), Alan G. Gless
State of Nebraska Judicial Branch
The law of probation revocation developed rapidly over the eighteen years preceding this article’s 1989 appearance. While its development has slowed substantially since then, it continues to evolve. The overall field of Nebraska probation revocation remains essentially unchanged from the way it was in 1989 when this article first appeared. The case law has neither burgeoned dramatically nor altered the scenery in major ways, although, it has added a few refinements. But important procedural and substantive wrinkles have appeared through 2003 statutory amendments to the steps probation officers must take in responding to probationers’ violations of the conditions of their …
Development And Confirmatory Factor Analysis Of The Community Norms Of Child Neglect Scale, Rebecca Goodvin, David R. Johnson, Sam A. Hardy, Michelle Graef, Jeff M. Chambers
Development And Confirmatory Factor Analysis Of The Community Norms Of Child Neglect Scale, Rebecca Goodvin, David R. Johnson, Sam A. Hardy, Michelle Graef, Jeff M. Chambers
Center on Children, Families, and the Law: Faculty Publications
This article describes the development of the Community Norms of Child Neglect Scale (CNCNS), a new measure of perceptions of child neglect, for use in community samples. The CNCNS differentiates among four subtypes of neglect (failure to provide for basic needs, lack of supervision, emotional neglect, and educational neglect). Scenarios ranging in seriousness for each subtype were presented to a large community sample (N = 3,809). Confirmatory factor analyses indicated that a four-factor model provided a better fit to the data than did a model specifying only one overall neglect factor, suggesting this sample distinguished among the four subtypes of …
Scholarly Discourse, Public Perceptions, And The Cementing Of Norms: The Case Of The Indian Supreme Court And A Plea For Research, Jayanth K. Krishnan
Scholarly Discourse, Public Perceptions, And The Cementing Of Norms: The Case Of The Indian Supreme Court And A Plea For Research, Jayanth K. Krishnan
Articles by Maurer Faculty
For economic and nuclear reasons, India has received considerable attention over the last decade from observers in the United States. But attuned Americans are well-aware of India's rich culture and status as a shining constitutional democracy for most of its post-1947 independent history. For all that India has accomplished, however, its public has long viewed its government officials with great disdain. At the same time, a fascinating norm exists in this society which holds one institution in exceedingly high regard - the Indian Supreme Court.
In this article, I seek to examine what accounts for this counter-intuitive norm. As opposed …
Crawford And Davis: A Personal Reflection, Richard D. Friedman
Crawford And Davis: A Personal Reflection, Richard D. Friedman
Articles
I have to say that when I stood up to argue Hammon I felt the wind at my back. I was basically a lawyer with an easy case, and there wasn't anything particularly unpredictable at the argument of Hammon. Now it got a little bit interesting, as I will explain later, because to a certain extent I was trying to argue the other case as well. But Hammon itself was sort of ordinary, normal law.
Crawford, Davis, And Way Beyond, Richard D. Friedman
Crawford, Davis, And Way Beyond, Richard D. Friedman
Articles
Until 1965, the Confrontation Clause of the Sixth Amendment to the United States Constitution hardly mattered. It was not applicable against the states, and therefore had no role whatsoever in the vast majority of prosecutions. Moreover, if a federal court was inclined to exclude evidence of an out-of-court statement, it made little practical difference whether the court termed the statement hearsay or held that the evidence did not comply with the Confrontation Clause.
Beyond Mitigation: Towards A Theory Of Allocution, Kimberly A. Thomas
Beyond Mitigation: Towards A Theory Of Allocution, Kimberly A. Thomas
Articles
THE COURT: I don't think I have time to listen .... I am not going to reexamine your guilt or innocence here. That is not the purpose of a sentence.. THE DEFENDANT: I did not have the chance to tell you .... THE DEFENDANT: But, your Honor, listen to me-1 Should the court hear this defendant? Is the story of innocence relevant at allocution-the defendant's opportunity to speak on his or her own behalf at the sentencing hearing prior to the imposition of sentence? Or, is the purpose of allocution something different, as the judge suggests? The answers depend on …
Structural Reform In Criminal Defense: Relocating Ineffective Assistance Of Counsel Claims, Eve Brensike Primus
Structural Reform In Criminal Defense: Relocating Ineffective Assistance Of Counsel Claims, Eve Brensike Primus
Articles
This Article suggests a structural reform that could solve two different problems in criminal defense representation. The first problem is that the right to effective trial counsel lacks a meaningful remedy. Defendants are generally not permitted to raise ineffective assistance of counsel claims until collateral review. Given that collateral review typically occurs years after trial, most convicted defendants have completed their sentences by that time and therefore have little incentive to pursue ineffectiveness claims. Moreover, there is no right to counsel on collateral review, and it is unrealistic to expect defendants to navigate the complicated terrain of an ineffectiveness claim …
China's Courts: Restricted Reform, Benjamin L. Liebman
China's Courts: Restricted Reform, Benjamin L. Liebman
Faculty Scholarship
Recent developments in China’s courts reflect a paradox largely avoided in literature on the subject: Can China’s courts play an effective role in a non-democratic governmental system? Changes to courts’ formal authority have been limited, courts still struggle to address basic impediments to serving as fair adjudicators of disputes, and courts continue to be subject to Communist Party oversight. Courts have also confronted new challenges, in particular pressure from media reports and popular protests. At the same time, however, the Party-state has permitted, and at times encouraged, both significant ground-up development of the courts and expanded use of the courts …
The Aggregate Harmony Metric And A Statistical And Visual Contextualization Of The Rehnquist Court: 50 Years Of Data, Peter A. Hook
The Aggregate Harmony Metric And A Statistical And Visual Contextualization Of The Rehnquist Court: 50 Years Of Data, Peter A. Hook
Articles by Maurer Faculty
This article contains aggregated data from fifty years of the annual matrixes of justice inter-agreement for particular Supreme Court terms published by the Harvard Law Review (1956 to 2005 terms). Aggregating how often any two justices sided together on cases for a particular term relative to the amount of cases the two justices heard together allows one to derive a measure of the particular term that reflects the relative amount of agreement or disagreement for the term. This new metric, called the Aggregate Harmony Metric, allows for comparative benchmarks. For instance, the 2005 term, with an aggregate agreement of 70%, …