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Articles 1 - 30 of 32
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Getting Juvenile Life Without Parole “Right” After Miller V. Alabama, Doriane L. Coleman, James E. Coleman Jr.
Getting Juvenile Life Without Parole “Right” After Miller V. Alabama, Doriane L. Coleman, James E. Coleman Jr.
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Foreword, John D. Inazu
The Innocence Effect, Oren Gazal-Ayal, Avishalom Tor
The Innocence Effect, Oren Gazal-Ayal, Avishalom Tor
Duke Law Journal
Nearly all felony convictions—about 95 percent—follow guilty pleas, suggesting that plea offers are very attractive to defendants compared to trials. Some scholars argue that plea bargains are too attractive and should be curtailed because they facilitate the wrongful conviction of innocents. Others contend that plea bargains only benefit innocent defendants, providing an alternative to the risk of a harsher sentence at trial. Hence, even while heatedly disputing their desirability, both camps in the debate believe that plea bargains commonly lead innocents to plead guilty. This Article shows, however, that the belief that innocents routinely plead guilty is overstated. We provide …
Healing Memory, Ontological Intimacy, And U.S. Imprisonment: Toward A Christian Politics Of “Good Punishment” In Civil Society , James Logan
Healing Memory, Ontological Intimacy, And U.S. Imprisonment: Toward A Christian Politics Of “Good Punishment” In Civil Society , James Logan
Law and Contemporary Problems
No abstract provided.
Criminal Law Reform And Thepersistence Of Strict Liability, Darryl K. Brown
Criminal Law Reform And Thepersistence Of Strict Liability, Darryl K. Brown
Duke Law Journal
Two reform movements transformed American criminal law in the quarter century that began in the late 1960s. Their origins and effects were starkly different, and their conflict meant that, on core choices about the basis for criminal liability, one movement had to win and the other had to lose. The first movement was the wave of criminal code reform inspired by the American Law Institute's Model Penal Code (MPC), first published in 1962. The MPC movement sought to increase the role of culpability as a prerequisite for liability by presumptively requiring proof of mens rea for every element of criminal …
Sexual Assault On College Campuses: Seeking The Appropriate Balance Between Due Process And Victim Protection , Matthew R. Triplett
Sexual Assault On College Campuses: Seeking The Appropriate Balance Between Due Process And Victim Protection , Matthew R. Triplett
Duke Law Journal
Peer sexual assault is a significant problem on American college and university campuses. On April 4, 2011, the Office for Civil Rights of the Department of Education sought to address this problem by issuing a new "Dear Colleague Letter" that provided enhanced guidance on how educational institutions should adjudicate such incidents. The letter has the perverse effect of complicating matters further by blurring the already fine line between victim protection and due process for the accused, and it exposes a potential liability trap for educational institutions. This Note explains why the law surrounding victim protection and due process is difficult …
Prosecuting Domestic Violence After Giles: Why A Categorical Approach To The Forfeiture Doctrine Threatens Female Autonomy, Michael Vargas
Prosecuting Domestic Violence After Giles: Why A Categorical Approach To The Forfeiture Doctrine Threatens Female Autonomy, Michael Vargas
Duke Journal of Gender Law & Policy
No abstract provided.
Toward A Comparative Approach To The Crime Of Genocide, Tatiana E. Sainati
Toward A Comparative Approach To The Crime Of Genocide, Tatiana E. Sainati
Duke Law Journal
The annihilation of more than 1.5 million Cambodians at the hands of the Khmer Rouge is widely considered a quintessential case of genocide. Whether these atrocities meet the definition of genocide as a legal matter, however, remains unsettled. As of October 2012, the question of whether genocide occurred in Cambodia within the meaning of the 1948 United Nations Genocide Convention is pending before the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC will determine this question against the backdrop of an ongoing debate about the appropriate scope of the crime of genocide. This debate pits expansionists, who believe …
Introduction: Symposium On ‘Convicting The Innocent, Brandon L. Garrett
Introduction: Symposium On ‘Convicting The Innocent, Brandon L. Garrett
Faculty Scholarship
Examining what went wrong in the first 250 DNA exonerations was a sobering occupation, and I describe what I found in my book Convicting the Innocent, published by Harvard University Press in 2011. Still more haunting is the question of how many other wrongful convictions have not been uncovered and will never see the light of day. The New England Law Review has brought together a remarkable group of scholars who have each made leading contributions to the study of wrongful convictions from different disciplines and scholarly perspectives: Simon Cole, Deborah Davis, Gisli H. Gudjonsson, Richard Leo, and Elizabeth Loftus. …
Rule 82 & Tort Reform: An Empirical Study Of The Impact Of Alaska’S English Rule On Federal Civil Case Filings, Douglas C. Rennie
Rule 82 & Tort Reform: An Empirical Study Of The Impact Of Alaska’S English Rule On Federal Civil Case Filings, Douglas C. Rennie
Alaska Law Review
Alaska is the only American state that employs a variation of the “English Rule,” whereby the losing party in a civil case must pay the prevailing party’s attorneys’ fees. In recent years, advocates of tort reform have praised Alaska’s Civil Rule 82 as a model for tort reform to help rid the overburdened courts of low merit claims. But does Rule 82 really reduce meritless litigation? This study compares civil case filings in the District of Alaska to a sample of other comparable federal district courts. Although filings in the District of Alaska were lower than the national average, they …
The Anchorage, Alaska Veterans Court And Recidivism: July 6, 2004 – December 31, 2010, Jack W. Smith
The Anchorage, Alaska Veterans Court And Recidivism: July 6, 2004 – December 31, 2010, Jack W. Smith
Alaska Law Review
In July 2004 Anchorage, Alaska started one of the first veterans courts in the United States. That court has now been in continuous operation for over seven years. This Comment briefly describes the steps taken to establish the Alaska Veterans Court and how the court operates. An overview of the characteristics of participants in and graduates from the court is provided, followed by statistics concerning the effect of the court on recidivism. Several potential future areas of study concerning this court are also identified. The Comment concludes by highlighting the importance of the court and by noting that the benefits …
More Problems With Criminal Trials: The Limited Effectiveness Of Legal Mechanisms, Dan Simon
More Problems With Criminal Trials: The Limited Effectiveness Of Legal Mechanisms, Dan Simon
Law and Contemporary Problems
No abstract provided.
A Cautionary Tale: Black Women, Criminal Justice, And Hiv , Gloria J. Browne-Marshall
A Cautionary Tale: Black Women, Criminal Justice, And Hiv , Gloria J. Browne-Marshall
Duke Journal of Gender Law & Policy
No abstract provided.
Intimate Partner Violence—Is There A Solution?, Diksha Munjal
Intimate Partner Violence—Is There A Solution?, Diksha Munjal
Duke Journal of Gender Law & Policy
No abstract provided.
The Roles Of Phones And Computers In Threatening And Abusing Women Victims Of Male Intimate Partner Abuse , Joanne Belknap, Ann T. Chu, Anne P. Deprince
The Roles Of Phones And Computers In Threatening And Abusing Women Victims Of Male Intimate Partner Abuse , Joanne Belknap, Ann T. Chu, Anne P. Deprince
Duke Journal of Gender Law & Policy
No abstract provided.
Foreword, Samuel W. Buell, Lisa Kern Griffin
Foreword, Samuel W. Buell, Lisa Kern Griffin
Law and Contemporary Problems
No abstract provided.
Forum Choice For Terrorism Suspects, Aziz Z. Huq
Forum Choice For Terrorism Suspects, Aziz Z. Huq
Duke Law Journal
What forum should be used to adjudicate the status of persons suspected of involvement in terrorism? Recent clashes between Congress and the president as to whether the status of terrorism suspects should be determined via Article III courts or military commissions have revived the debate about this venue question. The problem is typically framed as a matter of legal doctrine, with statutory and doctrinal rules invoked as dispositive guides for sorting suspects into either civilian or military venues. This Article takes issue with the utility of that framing of the problem. It argues that the forum question can more profitably …
The Utility Of Predicting Dangerousness In The War On Terror, Catherine R. L. Lawson
The Utility Of Predicting Dangerousness In The War On Terror, Catherine R. L. Lawson
Duke Journal of Comparative & International Law
No abstract provided.
Public Perceptions Of White Collar Crime Culpability: Bribery, Perjury, And Fraud, Stuart P. Green, Matthew B. Kugler
Public Perceptions Of White Collar Crime Culpability: Bribery, Perjury, And Fraud, Stuart P. Green, Matthew B. Kugler
Law and Contemporary Problems
No abstract provided.
Friendly, J., Dissenting, Michael Boudin
The World Bank And Judicial Reform: Overcoming “Blind Spots” In The Approach To Judicial Independence, Roberto Laver
The World Bank And Judicial Reform: Overcoming “Blind Spots” In The Approach To Judicial Independence, Roberto Laver
Duke Journal of Comparative & International Law
No abstract provided.
The Pragmatic Court: Reinterpreting The Supreme People’S Court Of China, Taisu Zhang
The Pragmatic Court: Reinterpreting The Supreme People’S Court Of China, Taisu Zhang
Faculty Scholarship
This Article examines the institutional motivations that underlie several major developments in the Supreme People's Court of China's recent policy-making. Since 2007, the SPC has sent off a collection of policy signals that escapes sweeping ideological labeling: it has publically embraced a populist view of legal reform by encouraging the use of mediation in dispute resolution and popular participation in judicial policy-making, while continuing to advocate legal professionalization as a long-term policy objective. It has also eagerly attempted to enhance its own institutional competence by promoting judicial efficiency, simplifying key areas of civil law, and expanding its control over lower …
A Neurological Foundation For Freedom, Nita A. Farahany
A Neurological Foundation For Freedom, Nita A. Farahany
Faculty Scholarship
No abstract provided.
Incriminating Thoughts, Nita A. Farahany
Incriminating Thoughts, Nita A. Farahany
Faculty Scholarship
The neuroscience revolution poses profound challenges to current selfincrimination doctrine and exposes a deep conceptual confusion at the heart of the doctrine. In Schmerber v. California, the Court held that under the Self- Incrimination Clause of the Fifth Amendment, no person shall be compelled to “prove a charge [from] his own mouth,” but a person may be compelled to provide real or physical evidence. This testimonial/physical dichotomy has failed to achieve its intended simplifying purpose. For nearly fifty years scholars and practitioners have lamented its impracticability and its inconsistency with the underlying purpose of the privilege. This Article seeks to …
Don’T I Know You?: The Effect Of Prior Acquaintance/Familiarity On Witness Identification, James E. Coleman Jr., Theresa A. Newman, Neil Vidmar, Elizabeth Zoeller
Don’T I Know You?: The Effect Of Prior Acquaintance/Familiarity On Witness Identification, James E. Coleman Jr., Theresa A. Newman, Neil Vidmar, Elizabeth Zoeller
Faculty Scholarship
No abstract provided.
Brief Of Amici Curiae, Neil Vidmar Et Al., Connecticut V. Guilbert, Neil Vidmar, Theresa A. Newman
Brief Of Amici Curiae, Neil Vidmar Et Al., Connecticut V. Guilbert, Neil Vidmar, Theresa A. Newman
Faculty Scholarship
No abstract provided.
The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar
The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar
Faculty Scholarship
No abstract provided.
Is Now The Time For Major Federal Sentencing Reform?, Sara Sun Beale
Is Now The Time For Major Federal Sentencing Reform?, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Book Review, Samuel W. Buell
Eyewitnesses And Exclusion, Brandon L. Garrett
Eyewitnesses And Exclusion, Brandon L. Garrett
Faculty Scholarship
The dramatic moment when an eyewitness takes the stand and points to the defendant in the courtroom can be pivotal in a criminal trial. That piece of theater, however compelling to jurors, is staged: it is obvious where the defendant is sitting, and, importantly, the memory of the eyewitness should have been tested before trial using photo arrays or lineups. Such courtroom displays have been accepted for so long that their role in the U.S. Supreme Court’s due process jurisprudence regulating eyewitness identifications has been neglected. The due process test that regulates tens of thousands of eyewitness identifications each year …