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Full-Text Articles in Law

Executing The Factually Innocent: The U.S. Constitution, Habeus Corpus, And The Death Penalty: Facing The Embarrassing Question At Last, Charles I. Lugosi Aug 2005

Executing The Factually Innocent: The U.S. Constitution, Habeus Corpus, And The Death Penalty: Facing The Embarrassing Question At Last, Charles I. Lugosi

Charles I. Lugosi

No abstract provided.


Child Testimony Via Two-Way Closed Circuit Television: A New Perspective On Maryland V. Craig In United States V. Turning Bear And United States V. Bordeaux, Aaron R. Harmon Jan 2005

Child Testimony Via Two-Way Closed Circuit Television: A New Perspective On Maryland V. Craig In United States V. Turning Bear And United States V. Bordeaux, Aaron R. Harmon

Aaron R. Harmon

Published as “Child Testimony via Two-Way Closed Circuit Television: A New Perspective on Maryland v. Craig in United States v. Turning Bear and United States v. Bordeaux,” 7 N.C. J.L. & Tech. 157 (Fall 2005). For Confrontation Clause purposes, child testimony by two-way closed circuit television is substantively different from one-way closed circuit television. Two-way closed circuit testimony is preferable because it more closely approximates face-to-face confrontation. The Supreme Court’s case-specific holding in Maryland v. Craig was directed at one-way closed circuit testimony. As such, the Eighth Circuit was mistaken in conflating the two forms of testimony when it relied …


Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson Jan 2005

Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

European human rights law and multilateral conventions have raised United States death penalty policy to an international level. Treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the death penalty will not be imposed has continuing ramifications for the implementation of transnational counter-terrorism measures. Determining a contemporary standard of decency regarding cruel and unusual punishment, what shocks the public conscious, or what constitutes torture depends upon what societal parameters one uses. The Supreme Court's readiness to examine international developments in …


Subsidiarity, Federalism, And Federal Prosecution Of Street Crime, John F. Stinneford Dec 2004

Subsidiarity, Federalism, And Federal Prosecution Of Street Crime, John F. Stinneford

John F. Stinneford

No abstract provided.


Overenforcement, Alex Stein, Richard A. Bierschbach Dec 2004

Overenforcement, Alex Stein, Richard A. Bierschbach

Alex Stein

Overenforcement of the law is widespread, but underinvestigated. Overenforcement occurs when the total sanction suffered by the violator of a legal rule exceeds the amount optimal for deterrence. Overenforcement sometimes generates overdeterrence that cannot be remedied through the adjustment of substantive liability standards or penalties ex ante. When that happens, the legal system can counteract the effects of overenforcement by adjusting evidentiary or procedural rules to make liability less likely. This framework, which we call the overenforcement paradigm, illuminates previously unnoticed features of various evidentiary and procedural arrangements. It also provides a useful analytical and prescriptive tool for creating optimal …