Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (14)
- Criminal Procedure (6)
- International Law (5)
- Human Rights Law (3)
- Civil Rights and Discrimination (2)
-
- Constitutional Law (2)
- Courts (1)
- Criminology (1)
- Food and Drug Law (1)
- Fourth Amendment (1)
- Immigration Law (1)
- Jurisdiction (1)
- Law and Gender (1)
- Law and Politics (1)
- Law and Race (1)
- Legal Writing and Research (1)
- Military, War, and Peace (1)
- Science and Technology Law (1)
- Social Welfare Law (1)
- Social and Behavioral Sciences (1)
- Sociology (1)
- Tax Law (1)
- Taxation-State and Local (1)
Articles 1 - 15 of 15
Full-Text Articles in Law
The Shadow Bargainers, Jenny Roberts, Ronald F. Wright, Betina Cutaia Wilkinson
The Shadow Bargainers, Jenny Roberts, Ronald F. Wright, Betina Cutaia Wilkinson
Articles in Law Reviews & Other Academic Journals
Plea bargaining happens in almost every criminal case, yet there is little empirical study about what actually happens when prosecutors and defense lawyers negotiate. This Article looks into the bargaining part of plea bargaining. It reports on the responses of over 500 public defenders who participated in our nationwide survey about their objectives and practices during plea negotiations.
The survey responses create a rare empirical test of a major tenet of negotiation theory, the claim that attorneys bargain in the "shadow of the trial." This is a theory that some defenders embrace and others reject. Describing the factors they believe …
Symposium: Expanding Compassion Beyond The Covid-19 Pandemic, Jenny Roberts
Symposium: Expanding Compassion Beyond The Covid-19 Pandemic, Jenny Roberts
Articles in Law Reviews & Other Academic Journals
Compassionate relief matters. It matters so that courts may account for tragically unforeseeable events, as when an illness or disability renders proper care impossible while a defendant remains incarcerated, or when family tragedy leaves an inmate the sole caretaker for an incapacitated partner or minor children. It matters too, as present circumstances make clear, when public-health calamities threaten inmates with literal death sentences. It matters even when no crisis looms, but simply when continued incarceration would be "greater than necessary" to achieve the ends of justice.
Marijuana Taxation: Theory And Practice, Benjamin Leff
Marijuana Taxation: Theory And Practice, Benjamin Leff
Articles in Law Reviews & Other Academic Journals
Marijuana legalization creates a host of complex legal problems, not the least of which is how to best tax the emerging legal market. This Essay attempts to bridge the gap between tax theory and marijuana policy to make some modest claims. First, it roots the discussion of state-level marijuana taxation in the theoretical distinction between ordinary revenue-raising taxes and "Pigouvian" or regulatory taxes. It makes the somewhat controversial claim that the best taxing strategy for states is to attempt to capture as much of the marijuana legalization premium as possible without driving consumers into the illegal market and that other …
Structural Sensor Surveillance, Andrew Guthrie Ferguson
Structural Sensor Surveillance, Andrew Guthrie Ferguson
Articles in Law Reviews & Other Academic Journals
City infrastructure is getting smarter. Embedded smart sensors in roads, lampposts, and electrical grids offer the government a way to regulate municipal resources and the police a new power to monitor citizens. This structural sensor surveillance, however, raises a difficult constitutional question: Does the creation of continuously-recording, aggregated, long-term data collection systems violate the Fourth Amendment? After all, recent Supreme Court cases suggest that technologies that allow police to monitor location, reveal personal patterns, and track personal details for long periods of time are Fourth Amendment searches which require a probable cause warrant. This Article uses the innovation of smart …
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax
The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Ambiguity And The Academic: The Dangerous Attraction Of Pan-Indian Legal Analysis, Ezra Rosser
Ambiguity And The Academic: The Dangerous Attraction Of Pan-Indian Legal Analysis, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny M. Roberts
Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny M. Roberts
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher
Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel
The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Task Force Statement Of The Twentieth Century Fund's Task Force On Apprehending Indicted War Criminals: Meeting The Obligations Of Justice, Paul Williams
Articles in Law Reviews & Other Academic Journals
No abstract provided.
International Criminal Law And The Cambodian Killing Fields, Diane Orentlicher
International Criminal Law And The Cambodian Killing Fields, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Improving Substance Abuse Treatment For Women, Brenda V. Smith
Improving Substance Abuse Treatment For Women, Brenda V. Smith
Articles in Law Reviews & Other Academic Journals
Alcohol and other drug use among women of child-bearing age has increased dramatically, and, as a result, more pregnant women are faced with alcohol and other drug problems. The only known national estimate suggests that 11 percent of pregnant women used illegal drugs during their pregnancy. Although pregnant crack-addicted women have received the most media attention, the problem is no less serious for alcohol and other drugs.
Alcohol and other drug use during pregnancy has negative physical and psychological consequences for both the mother and the child. Alcoholic mothers are at risk of having infants with fetal alcohol syndrome, which …
The Philippines: A Country In Crisis - A Report By Lawyers Committee For International Human Rights, Diane Orentlicher, Marvin E. Frankel, Jack Greenberg
The Philippines: A Country In Crisis - A Report By Lawyers Committee For International Human Rights, Diane Orentlicher, Marvin E. Frankel, Jack Greenberg
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Behavioral Analysis Of Legal Intent, Ira P. Robbins, Harvey J. Sepler
A Behavioral Analysis Of Legal Intent, Ira P. Robbins, Harvey J. Sepler
Articles in Law Reviews & Other Academic Journals
No abstract provided.