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Ad Law Incarcerated, Giovanna Shay
Ad Law Incarcerated, Giovanna Shay
Giovanna Shay
Prison and jail regulation is the administrative law of mass incarceration. Although the United States imprisons more people than any other nation, our corrections policies are a legal “no man’s land.” Scholars ignore them. Courts defer to them. States routinely exempt them from their administrative procedure act requirements. This Article focuses on the largely unexamined area of corrections regulation and makes the case for subjecting corrections policies to notice-and-comment rulemaking, or according them less deference. Corrections rules became increasingly important when the first wave of prison reform efforts produced bureaucratization of prison systems in the 1970s and early 1980s. Subsequently, …
What We Can Learn About Appeals From Mr. Tillman's Case: More Lessons From Another Dna Exoneration, Giovanna Shay
What We Can Learn About Appeals From Mr. Tillman's Case: More Lessons From Another Dna Exoneration, Giovanna Shay
Giovanna Shay
In 2006, Mr. James Calvin Tillman became the first person in Connecticut to be exonerated through the use of post-conviction DNA testing. He joined a group of DNA exonerees that currently numbers more than 200 nationwide. In many ways, Mr. Tillman’s case is a paradigmatic DNA exoneration—involving a cross-racial mistaken eyewitness identification, issues of race, and faulty forensic testimony. This article uses the published opinions affirming Mr. Tillman’s conviction—particularly his direct appeal to the Connecticut Supreme Court and his appeal from the state habeas proceeding—to reflect on the meaning of appellate and postconviction proceedings. Does Mr. Tillman’s exoneration reveal any …