Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Pepperdine University (33)
- University of Michigan Law School (11)
- SelectedWorks (10)
- Selected Works (9)
- University of Georgia School of Law (5)
-
- New York Law School (3)
- Seattle University School of Law (3)
- University of Pennsylvania Carey Law School (3)
- American University Washington College of Law (2)
- Georgetown University Law Center (2)
- Pace University (2)
- UC Law SF (2)
- UIC School of Law (2)
- Vanderbilt University Law School (2)
- Barry University School of Law (1)
- Boston University School of Law (1)
- Bowdoin College (1)
- Cleveland State University (1)
- Duke Law (1)
- East Tennessee State University (1)
- Florida International University College of Law (1)
- Fordham Law School (1)
- Maurer School of Law: Indiana University (1)
- Mississippi College School of Law (1)
- Montclair State University (1)
- Notre Dame Law School (1)
- Schulich School of Law, Dalhousie University (1)
- St. Mary's University (1)
- Texas A&M University School of Law (1)
- University at Buffalo School of Law (1)
- Keyword
-
- Courts (21)
- United States Supreme Court (11)
- Criminal Law and Procedure (10)
- Sentencing (8)
- Juveniles (7)
-
- Judges (6)
- Juvenile offenders (6)
- Law and Society (6)
- Public Law and Legal Theory (6)
- Supreme Court (6)
- Dispute Resolution (5)
- Juvenile court (5)
- Juvenile delinquency (5)
- Law reform (5)
- Plea bargaining (5)
- Sixth Amendment (5)
- Constitutional Law (4)
- Jurisdiction (4)
- Legislation (4)
- Politics (4)
- Practice and Procedure (4)
- Punishment (4)
- Appointed counsel (3)
- California (3)
- California Supreme Court (3)
- Civil Rights and Discrimination (3)
- Civil rights (3)
- Congress (3)
- Constitutional law (3)
- Criminal justice (3)
- Publication
-
- Pepperdine Law Review (29)
- Faculty Scholarship (8)
- Articles (5)
- Georgia Law Review (5)
- Faculty Articles (4)
-
- Journal of the National Association of Administrative Law Judiciary (4)
- All Faculty Scholarship (3)
- Kaitlyn E Tucker (3)
- Michigan Journal of Race and Law (3)
- Michigan Law Review (2)
- UIC Law Open Access Faculty Scholarship (2)
- Vanderbilt Law School Faculty Publications (2)
- Andrew Chongseh Kim (1)
- Andrew G Ferguson (1)
- Articles & Chapters (1)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Barry Law Review (1)
- Buffalo Law Review (1)
- Catherine L Carpenter (1)
- Charles H. Baron (1)
- Cleveland State Law Review (1)
- Criminal Law Practitioner (1)
- Dalhousie Law Journal (1)
- Department of Justice Studies Faculty Scholarship and Creative Works (1)
- Dru Stevenson (1)
- Electronic Theses and Dissertations (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Publications (1)
- Federal Court System and Administration (1)
- Publication Type
- File Type
Articles 1 - 30 of 112
Full-Text Articles in Entire DC Network
The Court Loses Its Way With The Global Positioning System: United States V. Jones Retreats To The “Classic Trespassory Search”, George M. Dery Iii, Ryan Evaro
The Court Loses Its Way With The Global Positioning System: United States V. Jones Retreats To The “Classic Trespassory Search”, George M. Dery Iii, Ryan Evaro
Michigan Journal of Race and Law
This Article analyzes United States v. Jones, in which the Supreme Court considered whether government placement of a global positioning system (GPS) device on a vehicle to follow a person’s movements constituted a Fourth Amendment “search.” The Jones Court ruled that two distinct definitions existed for a Fourth Amendment “search.” In addition to Katz v. United States’s reasonable-expectation-of-privacy standard, which the Court had used exclusively for over four decades, the Court recognized a second kind of search that it called a “classic trespassory search.” The second kind of search occurs when officials physically trespass or intrude upon a constitutionally protected …
The Rise And Fall Of The Unwritten Law: Sex, Patriarchy, And Vigilante Justice In The American Courts, Lawrence M. Friedman, William E. Havemann
The Rise And Fall Of The Unwritten Law: Sex, Patriarchy, And Vigilante Justice In The American Courts, Lawrence M. Friedman, William E. Havemann
Buffalo Law Review
No abstract provided.
The Effects Of The Jccs Curriculum On Juveniles' Legal Knowledge, Competency, And Anxiety, Leslie Strasser Murdock
The Effects Of The Jccs Curriculum On Juveniles' Legal Knowledge, Competency, And Anxiety, Leslie Strasser Murdock
UNLV Theses, Dissertations, Professional Papers, and Capstones
Current law requires that juveniles be competent to stand trial prior to their involvement as defendants in court. According to Dusky v. US, a defendant must have a rational and factual understanding of the court proceedings to be deemed competent to stand trial. Past studies call into question whether juveniles at any age could meet the understanding element of the standard articulated in Dusky v. US (1960). Additionally, youth with disabilities have less knowledge than their typical peers. Besides a lack of legal knowledge, court related anxiety has also been found to have a significant effect on youths going to …
To Say What The Law Is: Rules, Results, And The Dangers Of Inferential Stare Decisis, Adam N. Steinman
To Say What The Law Is: Rules, Results, And The Dangers Of Inferential Stare Decisis, Adam N. Steinman
Faculty Scholarship
Judicial decisions do more than resolve disputes. They are also crucial sources of prospective law, because stare decisis obligates future courts to follow those decisions. Yet there remains tremendous uncertainty about how we identify a judicial decision’s lawmaking content. Does stare decisis require future courts to follow the rules stated in a precedent-setting opinion? Or must future courts merely reconcile their decisions with the ultimate result of the precedent-setting case? Although it is widely assumed that a rule-based approach puts greater constraints on future courts, two recent Supreme Court decisions—Wal-Mart Stores, Inc. v. Dukes and Ashcroft v. Iqbal—turn this conventional …
Activism As Restraint: Lessons From Criminal Procedure, Stephen F. Smith
Activism As Restraint: Lessons From Criminal Procedure, Stephen F. Smith
Stephen F. Smith
No abstract provided.
Cooperating With The Prosecutor: How Many Motions Does It Take To Secure A Sentence That Is Less Than The Mandatory Minimum Provided By Statute?, Jimmy Gurule
Jimmy Gurule
No abstract provided.
Activismo Judicial. Un Marco Para La Discusión, Sergio Verdugo Sverdugor@Udd.Cl, José Francisco García
Activismo Judicial. Un Marco Para La Discusión, Sergio Verdugo Sverdugor@Udd.Cl, José Francisco García
Sergio Verdugo R.
No abstract provided.
Sotomayor's Empathy Moves The Court A Step Closer To Equitable Adjudication, Veronica Couzo
Sotomayor's Empathy Moves The Court A Step Closer To Equitable Adjudication, Veronica Couzo
Notre Dame Law Review
On August 6, 2009, then-Judge, now-Justice, Sonia Sotomayor was confirmed as the nation’s first Latina Supreme Court Justice. While many Latinos embraced the idea of having “Sonia from the Bronx” on the bench, others were fearful that her jurisprudence, combined with her background, would result in “reverse racism.” These fears, while arguably unfounded at the time, have been completely dispelled. Just as Justice Thurgood Marshall transformed the adjudications of the Supreme Court through experiential discourse, so too, to a lesser extent, has Justice Sotomayor. In both oral arguments and written opinions, Justice Sonia Sotomayor has demonstrated educative leadership—enlightening her colleagues …
New Paths For The Court: Protections Afforded Juveniles Under Miranda; Effective Assistance Of Counsel; And Habeas Corpus Decisions Of The Supreme Court’S 2010/2011 Term, Richard Klein
Richard Daniel Klein
No abstract provided.
Jailhouse Informants, Robert M. Bloom
When Poverty Is The Worst Crime Of All: A Film Review Of Gideon’S Army (2013), Jessica S Henry
When Poverty Is The Worst Crime Of All: A Film Review Of Gideon’S Army (2013), Jessica S Henry
Department of Justice Studies Faculty Scholarship and Creative Works
This review of the Sundance Award-winning documentary film, Gideon’s Army, examines the disparate impact of the criminal justice system on the poor and, particularly, poor people of color.
Beyond Finality: How Making Criminal Judgments Less Final Can Further The Interests Of Finality, Andrew Chongseh Kim
Beyond Finality: How Making Criminal Judgments Less Final Can Further The Interests Of Finality, Andrew Chongseh Kim
Andrew Chongseh Kim
Courts and scholars commonly assume that granting convicted defendants more liberal rights to challenge their judgments would harm society’s interests in “finality.” According to conventional wisdom, finality in criminal judgments is necessary to conserve resources, encourage efficient behavior by defense counsel, and deter crime. Thus, under the common analysis, the extent to which convicted defendants should be allowed to challenge their judgments depends on how much society is willing to sacrifice to validate defendants’ rights. This Article argues that expanding defendants’ rights on post-conviction review does not always harm these interests. Rather, more liberal review can often conserve state resources, …
A Comment On "No Comment": The Sub Judice Rule And The Accountability Of Public Officials Inthe 21st Century, Lorne Sossin, Valerie Crystal
A Comment On "No Comment": The Sub Judice Rule And The Accountability Of Public Officials Inthe 21st Century, Lorne Sossin, Valerie Crystal
Dalhousie Law Journal
The sub judice rule is a rule of court, a statutory rule, a Parliamentary convention and a practice that has developed in the interaction between media and public officials. At its most basic, the sub judice rule prohibits the publication of statements which may prejudice court proceedings. This study examines the nature, rationale and scope ofthe sub judice rule. The authors provide an account of the current state of the rule, and highlight areas where more clarity would be desirable. The authors propose a more coherent approach to the sub jud ice rule, more clearly rooted in the concern over …
Retroactivity And Crack Sentencing Reform, Harold J. Krent
Retroactivity And Crack Sentencing Reform, Harold J. Krent
University of Michigan Journal of Law Reform
This Article argues that the strong presumption against retroactive application of reduced punishments articulated in the Supreme Court’s recent decision, Dorsey v. United States, is neither historically grounded nor constitutionally compelled. Although not dispositive in Dorsey, the presumption may mislead legislatures in future contexts, whether addressing marijuana decriminalization or lessened punishment for file sharing, and in no way should signal to Congress that future changes should apply prospectively only. Although the Court reached the right result in applying the reduction in punishment for crack offenses to offenders whose sentences had not been finalized, the Court relied excessively on the general …
Mediating Theft, Kaitlyn E. Tucker
Mediating Theft, Kaitlyn E. Tucker
Kaitlyn E Tucker
In the attached short article, I argue for a change in the punishment scheme in non-violent theft crimes. Specifically, I outline a new Victim-Offender Mediation program and then argue how and why it should integrate into the criminal justice system to advance restorative justice as a viable method for punishment in America. I describe restorative justice as a model for punishment and Victim-Offender Mediation specifically as a restorative technique. I then explain why our criminal justice system needs Victim-Offender Mediation. The nation faces unprecedented numbers of prisoners and costs to run prison facilities, in addition to the disparate number of …
Mediating Theft, Kaitlyn E. Tucker
Mediating Theft, Kaitlyn E. Tucker
Kaitlyn E Tucker
In the attached short article, I argue for a change in the punishment scheme in non-violent theft crimes. Specifically, I outline a new Victim-Offender Mediation program and then argue how and why it should integrate into the criminal justice system to advance restorative justice as a viable method for punishment in America. I describe restorative justice as a model for punishment and Victim-Offender Mediation specifically as a restorative technique. I then explain why our criminal justice system needs Victim-Offender Mediation. The nation faces unprecedented numbers of prisoners and costs to run prison facilities, in addition to the disparate number of …
Mediating Theftv, Kaitlyn E. Tucker
Mediating Theftv, Kaitlyn E. Tucker
Kaitlyn E Tucker
In the attached short article, I argue for a change in the punishment scheme in non-violent theft crimes. Specifically, I outline a new Victim-Offender Mediation program and then argue how and why it should integrate into the criminal justice system to advance restorative justice as a viable method for punishment in America. I describe restorative justice as a model for punishment and Victim-Offender Mediation specifically as a restorative technique. I then explain why our criminal justice system needs Victim-Offender Mediation. The nation faces unprecedented numbers of prisoners and costs to run prison facilities, in addition to the disparate number of …
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron
Charles H. Baron
In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state supreme courts. …
The Duties Of Non-Judicial Actors In Ensuring Competent Negotiation, Stephanos Bibas
The Duties Of Non-Judicial Actors In Ensuring Competent Negotiation, Stephanos Bibas
All Faculty Scholarship
This essay, written for a symposium at Duquesne Law School entitled Plea Bargaining After Lafler and Frye, offers thoughts on how lawyers could learn from doctors’ experience in catching and preventing medical errors and aviation experts’ learning from airplane crashes and near misses. It also expresses skepticism about the efficacy of judges’ ex post review of ineffective assistance of counsel, but holds out more hope that public-defender organizations, bar associations, probation officers, sentencing judges, sentencing commissions, and line and supervisory prosecutors can do much more to prevent misunderstanding and remedy ineffective bargaining advice in the first place.
Plea Bargaining And The Right To Counsel At Bail Hearings, Charlie Gerstein
Plea Bargaining And The Right To Counsel At Bail Hearings, Charlie Gerstein
Michigan Law Review
A couple million indigent defendants in this country face bail hearings each year and most of them do so without court-appointed lawyers. In two recent companion cases, Lafler v. Cooper and Missouri v. Frye, the Supreme Court held that the loss of a favorable plea bargain can satisfy the prejudice prong of an ineffective assistance of counsel claim. If the Constitution requires effective assistance of counsel to protect plea bargains, it requires the presence of counsel at proceedings that have the capacity to prejudice those bargains. Pretrial detention has the capacity to prejudice a plea bargain because a defendant held …
A Model For Fixing Identification Evidence After Perry V. New Hampshire, Robert Couch
A Model For Fixing Identification Evidence After Perry V. New Hampshire, Robert Couch
Michigan Law Review
Mistaken eyewitness identifications are the leading cause of wrongful convictions. In 1977, a time when the problems with eyewitness identifications had been acknowledged but were not yet completely understood, the Supreme Court announced a test designed to exclude unreliable eyewitness evidence. This standard has proven inadequate to protect against mistaken identifications. Despite voluminous scientific studies on the failings of eyewitness identification evidence and the growing number of DNA exonerations, the Supreme Court's outdated reliability test remains in place today. In 2012, in Perry v. New Hampshire, the Supreme Court commented on its standard for evaluating eyewitness evidence for the first …
Earl Warren, The Warren Court And Civil Liberties , Steven J. Simmons
Earl Warren, The Warren Court And Civil Liberties , Steven J. Simmons
Pepperdine Law Review
No abstract provided.
The Equal Rights Amendment And The Courts, Mary C. Dunlap
The Equal Rights Amendment And The Courts, Mary C. Dunlap
Pepperdine Law Review
No abstract provided.
A Study Of Juvenile Record Sealing Practices In California , Leonard Edwards, Inger J. Sagatun
A Study Of Juvenile Record Sealing Practices In California , Leonard Edwards, Inger J. Sagatun
Pepperdine Law Review
No abstract provided.
Juvenile Justice In Transition , Julian C. Dixon
Juvenile Justice In Transition , Julian C. Dixon
Pepperdine Law Review
No abstract provided.
To Impeach Or Not To Impeach: The Stability Of Juror Verdicts In Federal Courts, Paul Jeffrey Wallin
To Impeach Or Not To Impeach: The Stability Of Juror Verdicts In Federal Courts, Paul Jeffrey Wallin
Pepperdine Law Review
No abstract provided.
The Differential Detention/Jailing Of Juveniles: A Comparison Of Detention And Non-Detention Courts, John H. Kramer, Darrell J. Steffensmeier
The Differential Detention/Jailing Of Juveniles: A Comparison Of Detention And Non-Detention Courts, John H. Kramer, Darrell J. Steffensmeier
Pepperdine Law Review
No abstract provided.
Stay No Longer: California Juvenile Court Sentencing Practices, Sharon O. Lightholder
Stay No Longer: California Juvenile Court Sentencing Practices, Sharon O. Lightholder
Pepperdine Law Review
No abstract provided.
Here's Looking At You, Kid: Prosecutors In The Juvenile Court Process, David Keith Hicks
Here's Looking At You, Kid: Prosecutors In The Juvenile Court Process, David Keith Hicks
Pepperdine Law Review
No abstract provided.
Criminals Without Crime: The Dilemma Of The Status Offender, Lawrence N. Blum
Criminals Without Crime: The Dilemma Of The Status Offender, Lawrence N. Blum
Pepperdine Law Review
No abstract provided.