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Articles 1 - 29 of 29
Full-Text Articles in Law
When Is Due Process Due?: The Impact Of Title Ix Sexual Assault Adjudication On The Rights Of University Students, Rachael A. Goldman
When Is Due Process Due?: The Impact Of Title Ix Sexual Assault Adjudication On The Rights Of University Students, Rachael A. Goldman
Pepperdine Law Review
As a part of the Educational Amendments of 1972, Title IX was created to address sex discrimination in sports programs receiving federal funding. However, its scope has ballooned tremendously over the years to include a variety of conduct occurring on college campuses. Currently, Title IX is the primary legislation governing sexual assault and harassment allegations stemming from universities. This Note explores the use of Title IX in universities and addresses the concerns that arise when a civil rights law becomes the primary mechanism for adjudicating allegations of criminal conduct. Specifically, this Note addresses the due process concerns that arise when …
Panel 4: Criminal Procedure And Affirmative Action
Panel 4: Criminal Procedure And Affirmative Action
Georgia State University Law Review
Moderator: Lauren Sudeall
Panelists: Dan Epps, Gail Heriot, and Corinna Lain
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Donald W. Dowd
No abstract provided.
Book Review, Angela Mae Kupenda
Book Review, Angela Mae Kupenda
Journal Articles
Racial Reckoning: Prosecuting America’s Civil Rights Murders is an exceptional work by Renee C. Romano. This review will first discuss a concern I had prior to reading her book. Discussion of this alleviated concern will be followed by brief consideration of Romano’s well selected titled, which will be followed by a discussion of what I see as major contributions of the book.
The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns
The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns
Pepperdine Dispute Resolution Law Journal
This article discusses the importance of mediation and mediation-like alternative dispute resolution (ADR) methods used by the U.S. federal district courts to settle prisoner litigation claims. Topics discussed include laws made for the prisoners for filing their claims in the Federal District Courts under Section 1983, the role of ADR in resolving prisoner grievances and the role of ADR in settling the disputes related to prisoner civil rights.
Is Guilt Dispositive? Federal Habeas After Martinez, Justin F. Marceau
Is Guilt Dispositive? Federal Habeas After Martinez, Justin F. Marceau
William & Mary Law Review
Federal habeas review of criminal convictions is not supposed to be a second opportunity to adjudge guilt. Oliver Wendell Holmes, among others, has said that the sole question on federal habeas is whether the prisoner’s constitutional rights were violated. By the early 1970s, however, scholars criticized this rights-based view of habeas and sounded the alarm that postconviction review had become too far removed from questions of innocence. Most famously, in 1970 Judge Friendly criticized the breadth of habeas corpus by posing a single question: Is innocence irrelevant? In his view habeas review that focused exclusively on questions of rights in …
Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke
Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke
William & Mary Law Review
The Supreme Court’s recent decision in United States v. Windsor, invalidating part of the federal Defense of Marriage Act, presents a significant interpretive challenge. Early commentators have criticized the majority opinion’s lack of analytical rigor, and expressed doubt that Windsor can serve as a meaningful precedent with respect to constitutional questions outside the area of same-sex marriage. This Article offers a more rehabilitative reading of Windsor and shows how the decision can be used to analyze a significant constitutional question concerning the use of state criminal procedure to regulate immigration.
From Windsor’s holding, the Article distills two concrete doctrinal propositions …
Gender Dysphoria In The Jailhouse: A Constitutional Right To Hormone Therapy?, Susan S. Bendlin
Gender Dysphoria In The Jailhouse: A Constitutional Right To Hormone Therapy?, Susan S. Bendlin
Susan S. Bendlin
This Article explores whether incarcerated inmates with Gender Dysphoria, such as Private Manning, have a constitutional right to receive medical treatment for gender re-assignment, and if so, whether they are likely to succeed in suing to obtain treatment if it is not provided by prison officials. Evaluating a prisoner’s Eighth Amendment claim involves two inquiries: an objective component as to whether the inmate displays a “serious medical need”, and a subjective component as to whether the prison officials were “deliberately indifferent” to that need.The issue is a sensitive one because the diagnosis of Gender Dysphoria as a medical illness has …
Remedial Discretion In Constitutional Adjudication, John M. Greabe
Remedial Discretion In Constitutional Adjudication, John M. Greabe
John M Greabe
Courts frequently withhold remedies for meritorious assertions of constitutional right. The practice is often unobjectionable. Indeed, it is a systemic necessity if constitutional law is to remain vibrant. Without it, judges surely would be less inclined to engage in constitutional innovation. But just as surely, the practice is not available for all types of constitutional claim. For instance, the subject of a criminal indictment is always entitled to dismissal of the charges if the statute authorizing the prosecution is unconstitutional.
The Supreme Court has experimented with various approaches to withholding constitutional remedies. The Warren Court embraced the practice of issuing …
Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk
Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Objecting At The Altar: Why The Herring Good Faith Principle And The Harlow Qualified Immunity Doctrine Should Not Be Married, John M. Greabe
Objecting At The Altar: Why The Herring Good Faith Principle And The Harlow Qualified Immunity Doctrine Should Not Be Married, John M. Greabe
John M Greabe
Response to: Jennifer E. Laurin, Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence, 111 Colum. L. Rev. 670 (2011)
Critics of the curtailment of the exclusionary rule worked by Herring v. United States have denounced the decision as Supreme Court activism posing as derivation from settled law. Professor Jennifer Laurin agrees that Herring breaks with exclusionary rule doctrine but disputes that it lacks any grounding in Court precedent. She says that Herring consummates a long courtship between the Leon good faith exception to the exclusionary rule and the Harlow standard for qualified immunity. Laurin premises her argument on an …
Racializing Disability, Disabling Race: Policing Race And Mental Status, Camille Nelson
Racializing Disability, Disabling Race: Policing Race And Mental Status, Camille Nelson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson
Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson
Articles in Law Reviews & Other Academic Journals
INTRODUCTION Strictly speaking, the cultural defense is really no defense at all. Instead, it is the moniker attached by defense attorneys to their advocacy which seeks to personalize the accused in one of two ways: First by injecting a reasonable doubt into the mens rea intent requirement - this would result in acquittal, or second, by contextualizing an affirmative defense, like provocation, by the provision of cultural information about the accused - this would result in mitigated sentencing. Central to defense attorneys' uses of the cultural defense is the criminal defendant's perceived "foreignness." This much has been recognized by scholars …
The Exhaustion Doctrine: State Prisoners Caught Between Civil Rights Actions And Writs Of Habeas Corpus, Linda Marie Bell
The Exhaustion Doctrine: State Prisoners Caught Between Civil Rights Actions And Writs Of Habeas Corpus, Linda Marie Bell
San Diego Law Review
This Comment explores the conflict between two federal laws when prisoners challenging their confinement seek damages or declaratory relief. On one hand, the exhaustion doctrine requires state prisoners to exhaust their state remedies before filing a petition for a writ of habeas corpus in federal court when they contest their confinement. On the other hand, prisoners challenging their civil rights may file in federal court without exhausting all state remedies. This Comment addresses how federal courts should determine which rule to apply when a prisoner brings an action contesting confinement, but seeks only declaratory relief or damages. The author proposes …
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Touro Law Review
No abstract provided.
When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal
When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal
Law Faculty Publications
In order to stimulate scholarly discussion, this Essay presents an empirical account of the Greensboro incident from the perspective of those who participated in the episode and in the resulting civil rights trial. The Essay traces the circumstances leading to the violence and reviews the resultant litigation with special attention given to the role of the trial judge in politically volatile cases. The candid reflections offered by the trial judge and other participants allow the reader to examine both the event and the litigation, not merely in the abstract, but as implemented by flesh-andblood lawyers, litigants, and judges. .
The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr.
The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr.
Villanova Law Review
No abstract provided.
The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley
The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley
Villanova Law Review
No abstract provided.
The Correctional Institution As A Rehabilitation Center - A Former Inmate's View, Victor Taylor
The Correctional Institution As A Rehabilitation Center - A Former Inmate's View, Victor Taylor
Villanova Law Review
No abstract provided.
Prison Reform In The Future - The Trend Toward Expansion Of Prisoners' Rights, Monrad G. Paulsen
Prison Reform In The Future - The Trend Toward Expansion Of Prisoners' Rights, Monrad G. Paulsen
Villanova Law Review
No abstract provided.
The Expansion Of Prisoners' Rights, Victor Rabinowitz
The Expansion Of Prisoners' Rights, Victor Rabinowitz
Villanova Law Review
No abstract provided.
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Villanova Law Review
No abstract provided.
Prisoners' Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation, Joseph R. Brierley, Victor Rabinowitz, Edmund B. Spaeth Jr., James D. Crawford
Prisoners' Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation, Joseph R. Brierley, Victor Rabinowitz, Edmund B. Spaeth Jr., James D. Crawford
Villanova Law Review
No abstract provided.
Prisoners' Rights - A Prosecutor's View, James D. Crawford
Prisoners' Rights - A Prosecutor's View, James D. Crawford
Villanova Law Review
No abstract provided.
Book Review Of Comparative Constitutional Process, William F. Swindler
Book Review Of Comparative Constitutional Process, William F. Swindler
William & Mary Law Review
No abstract provided.
Marijuana And The Law: The Constitutional Challenges To Marijuana Laws In Light Of The Social Aspects Of Marijuana Use, Mark S. Dichter
Marijuana And The Law: The Constitutional Challenges To Marijuana Laws In Light Of The Social Aspects Of Marijuana Use, Mark S. Dichter
Villanova Law Review
No abstract provided.
The Court And The Criminal, Robert J. Steamer
The Court And The Criminal, Robert J. Steamer
William & Mary Law Review
No abstract provided.
In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh
In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh
Villanova Law Review
No abstract provided.