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Full-Text Articles in Law
Appointed Counsel And Jury Trial: The Rights That Undermine The Other Rights, Russell L. Christopher
Appointed Counsel And Jury Trial: The Rights That Undermine The Other Rights, Russell L. Christopher
Washington and Lee Law Review
Do the Sixth Amendment rights to appointed counsel and jury trial unconstitutionally conflict with defendants’ other constitutional rights? For indigents charged with felonies, Gideon v. Wainwright guarantees the right to appointed counsel; for misdemeanors, Scott v. Illinois limits the right to indigents receiving the most severe authorized punishment—imprisonment.Duncan v. Illinois limits the right to jury trial to defendants charged with serious offenses. Consequently, the greater the jeopardy faced by defendants, the greater the eligibility for appointed counsel and jury trial. But defendants’ other constitutional rights generally facilitate just the opposite— minimizing jeopardy by reducing charges, lessening the likelihood of …
Constitutional Clause Aggregation And The Marijuana Crimes, Scott W. Howe
Constitutional Clause Aggregation And The Marijuana Crimes, Scott W. Howe
Washington and Lee Law Review
An important question for our time concerns whether the Constitution could establish a right to engage in certain marijuana-related activities. Several states have now legalized cannabis, within strict limits, for recreational purposes, and that number will grow. Yet, some states will not promptly legalize but, instead, continue to criminalize, or only “decriminalize” in minor ways, and the federal criminalization statutes also will likely survive for a time. There currently is no recognized right under the Constitution to possess, use, cultivate, or distribute cannabis for recreational purposes, even in small amounts, and traditional, single-clause arguments for such a right are weak. …
A Legal Frankenstein’S Monster: The Complete Bar Order In Securities Fraud Class Action Lawsuits, Jonathan C. Stanley
A Legal Frankenstein’S Monster: The Complete Bar Order In Securities Fraud Class Action Lawsuits, Jonathan C. Stanley
Washington and Lee Law Review
No abstract provided.
Mental Illness, Severe Emotional Distress, And The Death Penalty: Reflections On The Tragic Case Of Joe Giarratano, Richard J. Bonnie
Mental Illness, Severe Emotional Distress, And The Death Penalty: Reflections On The Tragic Case Of Joe Giarratano, Richard J. Bonnie
Washington and Lee Law Review
Joe Giarratano was on death row for twelve years, and remains incarcerated today, because mental illness and severe emotional distress wholly undermined reliable adjudication in his case. Using Giarratano’s remarkable story as a case study, I illustrate some of the ways in which mental illness and acute emotional distress can lead to unreliable findings and judgments and—even worse—can actually propel the criminal justice system toward a death sentence. I cover the unreliability of his confession, his impaired ability to assist counsel, his impaired capacity to make a rational decision regarding whether to initiate or continue post-conviction proceedings, his diminished mental …
The Death Penalty And Mental Illness In International Human Rights Law: Toward Abolition, Richard J. Wilson
The Death Penalty And Mental Illness In International Human Rights Law: Toward Abolition, Richard J. Wilson
Washington and Lee Law Review
No abstract provided.
Post-Trial Plea Bargaining In Capital Cases: Using Conditional Clemency To Remove Weak Cases From Death Row, Adam M. Gershowitz
Post-Trial Plea Bargaining In Capital Cases: Using Conditional Clemency To Remove Weak Cases From Death Row, Adam M. Gershowitz
Washington and Lee Law Review
Plea bargaining accounts for over ninety percent of criminal convictions and it dominates the American criminal justice system. Yet, once a defendant is convicted, bargaining almost completely disappears from the system. Even though years of litigation are on the horizon, there is nearly no bargaining in the appellate and habeas corpus process. There are two reasons for this. First, prosecutors and courts typically lack the power to alter a sentence that has already been imposed. Second, even if prosecutors had the authority to negotiate following a conviction, they would have little incentive to do so. Affirmance rates in ordinary criminal …
The Commonwealth Of Virginia V. Joseph Michael Giarratano: A Cautionary Tale, Todd C. Peppers
The Commonwealth Of Virginia V. Joseph Michael Giarratano: A Cautionary Tale, Todd C. Peppers
Washington and Lee Law Review
No abstract provided.
Lethal Injection: A Horrendous Brutality, Robin C. Konrad
Lethal Injection: A Horrendous Brutality, Robin C. Konrad
Washington and Lee Law Review
No abstract provided.
Constitutional Regulation Of Forensic Evidence, Brandon L. Garrett
Constitutional Regulation Of Forensic Evidence, Brandon L. Garrett
Washington and Lee Law Review
No abstract provided.
Solitary Confinement Until Death By State-Sponsored Homicide: An Eighth Amendment Assessment Of The Modern Execution Process, Robert Johnson
Solitary Confinement Until Death By State-Sponsored Homicide: An Eighth Amendment Assessment Of The Modern Execution Process, Robert Johnson
Washington and Lee Law Review
No abstract provided.
The Demise Of Capital Clemency, Paul J. Larkin Jr.
The Demise Of Capital Clemency, Paul J. Larkin Jr.
Washington and Lee Law Review
No abstract provided.
Matters Of Strata: Race, Gender, And Class Structures In Capital Cases, Phyllis Goldfarb
Matters Of Strata: Race, Gender, And Class Structures In Capital Cases, Phyllis Goldfarb
Washington and Lee Law Review
No abstract provided.
“Merchants And Thieves, Hungry For Power”: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin
“Merchants And Thieves, Hungry For Power”: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin
Washington and Lee Law Review
No abstract provided.
The Supreme Court’S Talmudic Debate On The Meanings Of Guilt, Innocence, And Finality, Jonathan D. Colan
The Supreme Court’S Talmudic Debate On The Meanings Of Guilt, Innocence, And Finality, Jonathan D. Colan
Washington and Lee Law Review
No abstract provided.
The Freedom To Pursue A Common Calling: Applying Intermediate Scrutiny To Occupational Licensing Statutes, Alexandra L. Klein
The Freedom To Pursue A Common Calling: Applying Intermediate Scrutiny To Occupational Licensing Statutes, Alexandra L. Klein
Washington and Lee Law Review
No abstract provided.
A Tale Of Two Cases, Paul J. Larkin Jr.
A Tale Of Two Cases, Paul J. Larkin Jr.
Washington and Lee Law Review
No abstract provided.
A Curious Call For More Judicial Activism: Comment On Alexandra Klein's "The Freedom To Pursue A Common Calling", Mark Rush
Washington and Lee Law Review
No abstract provided.
Polymorphous Public Law Litigation:The Forgotten History Of Nineteenthcentury Public Law Litigation, David Sloss
Polymorphous Public Law Litigation:The Forgotten History Of Nineteenthcentury Public Law Litigation, David Sloss
Washington and Lee Law Review
Recent debates about popular constitutionalism and judicial supremacy have focused on the question of who interprets the Constitution. This Article reframes the debate by asking what legal sources courts apply to protect individual rights from government infringement. Throughout the nineteenth century, federal courts applied a mix of international law, statutory, and common law to protect fundamental rights and restrain government action. This Article uncovers the forgotten history of nineteenth century public law litigation. Professors Post and Siegel have advocated “policentric constitutional interpretation,” wherein the Supreme Court shares authority for constitutional interpretation with other actors. By analogy, this Article introduces the …
Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson
Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson
Washington and Lee Law Review
No abstract provided.
How Roe V. Wade Was Written, David J. Garrow
How Roe V. Wade Was Written, David J. Garrow
Washington and Lee Law Review
No abstract provided.
If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith
If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith
Washington and Lee Law Review
No abstract provided.
Roe'S Effects On Family Law, Lynne Marie Kohm
Roe'S Effects On Family Law, Lynne Marie Kohm
Washington and Lee Law Review
No abstract provided.
Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun
Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun
Washington and Lee Law Review
No abstract provided.
Beyond Backlash: Legal History, Polarization, And Roe V. Wade, Mary Ziegler
Beyond Backlash: Legal History, Polarization, And Roe V. Wade, Mary Ziegler
Washington and Lee Law Review
No abstract provided.
Re-Reading Roe V. Wade, Richard S. Myers
Re-Reading Roe V. Wade, Richard S. Myers
Washington and Lee Law Review
No abstract provided.
Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann
Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann
Washington and Lee Law Review
No abstract provided.
The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian
The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian
Washington and Lee Law Review
No abstract provided.
Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck
Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck
Washington and Lee Law Review
No abstract provided.
Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun
Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun
Washington and Lee Law Review
No abstract provided.
The Medical Assumption At The Foundation Of Roe V. Wade And Its Implications For Women's Health, Clarke Forsythe
The Medical Assumption At The Foundation Of Roe V. Wade And Its Implications For Women's Health, Clarke Forsythe
Washington and Lee Law Review
No abstract provided.