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Articles 1 - 16 of 16
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A Bludgeon By Any Other Name: The Misuse Of Ethical Rules Against Prosecutors To Control The Law Of The State, Frank O. Bowman Iii
A Bludgeon By Any Other Name: The Misuse Of Ethical Rules Against Prosecutors To Control The Law Of The State, Frank O. Bowman Iii
Faculty Publications
My objective here is threefold: (1) to explain these ethical rules and demonstrate how each is in conflict with longstanding principles of federal criminal law; (2) to explain why these rules are illegitimate, both as rules of ethics and as rules of positive law; and (3) to offer some observations on how the dispute over these rules can sharpen our thinking about the nature and proper limits of ethical rules governing lawyers.
Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii
Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii
Faculty Publications
In the remarks that follow, I do four things. First, for those unfamiliar with the Federal Sentencing Guidelines, I begin by explaining briefly how the Guidelines work. Second, I endeavor to show why Judge Cabranes is wrong, absolutely wrong in declaring the Guidelines a failure, and mostly wrong in the specific criticisms he and others level against the Guidelines. Third, after jousting with Judge Cabranes a bit, I discuss some problems with the current federal sentencing system, most notably the sheer length of narcotics sentences. Finally, I comment briefly on some of the implications of the Guidelines, and the principles …
Once A Century: Time For A Structural Overhaul Of The Federal Courts, Martha Dragich
Once A Century: Time For A Structural Overhaul Of The Federal Courts, Martha Dragich
Faculty Publications
In this Article, I describe a structure capable of accommodating growing caseloads in a manner consistent with basic values of appellate justice. Before doing so, I sketch in Part I the structural evolution of the federal courts. Part II describes the current pressures on the courts of appeals, while Part III examines the effects of internal reforms on the quality of appellate justice and the development of a coherent body of national law. Next, in Part IV, I posit requirements for the federal courts' third century. Part V reviews major proposals to address the caseload crisis in the courts of …
Beyond "Sellouts" And "Race Cards": Black Attorneys And The Straitjacket Of Legal Practice, Margaret M. Russell
Beyond "Sellouts" And "Race Cards": Black Attorneys And The Straitjacket Of Legal Practice, Margaret M. Russell
Faculty Publications
No abstract provided.
Jury-Bashing And The O.J. Simpson Verdict, Gerald F. Uelmen
Jury-Bashing And The O.J. Simpson Verdict, Gerald F. Uelmen
Faculty Publications
No abstract provided.
Lord Brougham's Bromide: Good Lawyers As Bad Citizens, Gerald F. Uelmen
Lord Brougham's Bromide: Good Lawyers As Bad Citizens, Gerald F. Uelmen
Faculty Publications
No abstract provided.
Crocodiles In The Bathtub: Maintaining The Indepedence Of State Supreme Courts In An Era Of Judicial Politicization, Gerald F. Uelmen
Crocodiles In The Bathtub: Maintaining The Indepedence Of State Supreme Courts In An Era Of Judicial Politicization, Gerald F. Uelmen
Faculty Publications
No abstract provided.
Mothers Who Kill: Coming To Terms With Modern American Infanticide, Michelle Oberman
Mothers Who Kill: Coming To Terms With Modern American Infanticide, Michelle Oberman
Faculty Publications
No abstract provided.
A Symposium Precis, Thomas E. Baker
Merciful Juries: The Resilience Of Jury Nullification, Alan Scheflin, Jon M. Van Dyke
Merciful Juries: The Resilience Of Jury Nullification, Alan Scheflin, Jon M. Van Dyke
Faculty Publications
No abstract provided.
Minor Rights And Wrongs, Michelle Oberman
The Need To Reform The "Acceptance Of Responsibility" Adjustment, Michael M. O'Hear
The Need To Reform The "Acceptance Of Responsibility" Adjustment, Michael M. O'Hear
Faculty Publications
No abstract provided.
United States Supreme Court: 1995 & 1996 Term, Paul C. Giannelli
United States Supreme Court: 1995 & 1996 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
The United States Criminal Justice System: A Brief Overview, Paul Marcus
The United States Criminal Justice System: A Brief Overview, Paul Marcus
Faculty Publications
No abstract provided.
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Faculty Publications
No abstract provided.
Introduction: The Voices And Groups That Will Preserve (What We Can Preserve Of) Judicial Independence, John Q. Barrett
Introduction: The Voices And Groups That Will Preserve (What We Can Preserve Of) Judicial Independence, John Q. Barrett
Faculty Publications
As the 1996 election year commenced, the leading issues of the day included welfare reform, late-term abortions, Bosnia, immigration, drugs, taxes, the budget deficit, and the budget impasse that had shut parts of the federal government. The "hot" national issues did not include judicial philosophy, federal judicial appointments, individual judges or particular judicial decisions. Within weeks, however, that changed, thanks to a single judicial opinion. On January 22, 1996, United States District Judge Harold Baer, Jr., decided a pretrial motion to suppress evidence in the then (and now) obscure New York federal drug prosecution of a woman from Detroit named …