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Full-Text Articles in Law

Recapturing The Spirit Of Furman: The American Bar Association And The New Abolitionist Politics, Austin Sarat Oct 1998

Recapturing The Spirit Of Furman: The American Bar Association And The New Abolitionist Politics, Austin Sarat

Law and Contemporary Problems

Sarat locates the American Bar Association's call for a moratorium on executions in the context of modern abolitionist politics. New abolitionism links anti-death penalty work with a broader civil rights agenda.


Defending Categorical Exemptions To The Death Penalty: Reflections On The Aba’S Resolutions Concerning The Execution Of Juveniles And Persons With Mental Retardation, Carol Steiker, Jordan Steiker Oct 1998

Defending Categorical Exemptions To The Death Penalty: Reflections On The Aba’S Resolutions Concerning The Execution Of Juveniles And Persons With Mental Retardation, Carol Steiker, Jordan Steiker

Law and Contemporary Problems

Steiker and Steiker discuss the ABA's resolutions regarding the execution of juveniles and persons with mental retardation. The strongest legal case for the ABA's position requires a more nuanced argument than the ABA has advanced.


The American Bar Association And Federal Habeas Corpus, Larry W. Yackle Oct 1998

The American Bar Association And Federal Habeas Corpus, Larry W. Yackle

Law and Contemporary Problems

Yackle evaluates the ABA's claims touching federal habeas corpus in death penalty cases. Neither the Supreme Court nor the Anti-Terrorism and Effective Death Penalty Act of 1996 embrace the ABA's policy for habeas corpus.


Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester Oct 1998

Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester

Law and Contemporary Problems

Priester argues that the Constitution does restrict the power of the legislature by requiring that certain facts be proved as elements of the offense. He notes the Supreme Court's missed opportunity in "Jones v. United States" to adopt the test proposed by Justice Scalia.


Foreword, James E. Coleman Jr. Oct 1998

Foreword, James E. Coleman Jr.

Law and Contemporary Problems

No abstract provided.


Eighth Amendment Meanings From The Aba’S Moratorium Resolution, Louis D. Bilionis Oct 1998

Eighth Amendment Meanings From The Aba’S Moratorium Resolution, Louis D. Bilionis

Law and Contemporary Problems

Bilionis argues that the American Bar Association's moratorium resolution on capital punishment doesn't challenge the capacity of the Eighth Amendment.


Moratorium On The Death Penalty For Juveniles, Victor L. Streib Oct 1998

Moratorium On The Death Penalty For Juveniles, Victor L. Streib

Law and Contemporary Problems

Streib offers a sketch of the sentences and actual executions in the juvenile death penalty system for the past quarter-century. The ABA's moratorium calls for the complete prevention of the execution of offenders under age 18 at the time of their crimes.


The Execution Of The Innocent, Michael L. Radelet, Hugo Adam Bedau Oct 1998

The Execution Of The Innocent, Michael L. Radelet, Hugo Adam Bedau

Law and Contemporary Problems

Radelet and Bedau discuss the continuing and regular incidence of American trial courts sentencing innocent defendants to death, which was one of the problems that gave rise to the ABA's moratorium on capital punishment.


Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross Oct 1998

Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross

Law and Contemporary Problems

Gross discusses the incidence of erroneous convictions for capital murder, which are systematic consequences of the natuere of homicide prosection in general and capital prosecution in particular.


Racial Disparity And The Death Penalty, John C. Mcadams Oct 1998

Racial Disparity And The Death Penalty, John C. Mcadams

Law and Contemporary Problems

McAdams examines the rhetoric and data supporting the "mass market" version of the racial disparity thesis. The system is racist in that it punishes those who kill whites more severely than those who kill blacks.


The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen Oct 1998

The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen

Law and Contemporary Problems

Bienen uses Illinois as a case study of injustice in capital cases. The quality of justice in the trial and appeal of capital cases in Illinois is of a very low standard.


Appendix: American Bar Association Resolution Oct 1998

Appendix: American Bar Association Resolution

Law and Contemporary Problems

The ABA's resolution and report regarding its moratorium on capital punishment is offered.


The Rhetoric Of Neutrality And The Philosophers’ Brief: A Critique Of The Amicus Brief Of Six Moral Philosophers In Washington V. Glucksberg And Vacco V. Quill, Richard Church Oct 1998

The Rhetoric Of Neutrality And The Philosophers’ Brief: A Critique Of The Amicus Brief Of Six Moral Philosophers In Washington V. Glucksberg And Vacco V. Quill, Richard Church

Law and Contemporary Problems

Church discusses the amicus brief to the US Supreme Court in the companion assisted suicide cases of "Washington v. Glucksberg" and "Vacco v. Quill," in which six philosophers offer their views. The philosophers' charge--that prohibiting physician-assisted suicide can only be based on impermissible sectarian religious or ethical premises--can be raised against their "neutral" liberal argument itself.


Journal Staff Oct 1998

Journal Staff

Law and Contemporary Problems

No abstract provided.


Interbranch Accountability In State Government And The Constitutional Requirement Of Judicial Independence, Peter M. Shane Jul 1998

Interbranch Accountability In State Government And The Constitutional Requirement Of Judicial Independence, Peter M. Shane

Law and Contemporary Problems

No abstract provided.


On Not Making Law, Mitu Gulati, C. M. A. Mccauliff Jul 1998

On Not Making Law, Mitu Gulati, C. M. A. Mccauliff

Law and Contemporary Problems

Having argued that it is important to think about court norms, Gulati and McCauliff describe data on the publication practices of the various circuits. The data suggest that there are radical differences in the norms.


Comment, Ernest A. Finney Jr. Jul 1998

Comment, Ernest A. Finney Jr.

Law and Contemporary Problems

No abstract provided.


Comment, Thomas R. Phillips Jul 1998

Comment, Thomas R. Phillips

Law and Contemporary Problems

With the proper role of judging so unsettled, it is hardly surprising that Americans also do not agree on what training, experience or temperament will produce the best judge.


Separating Judicial Power, David P. Currie Jul 1998

Separating Judicial Power, David P. Currie

Law and Contemporary Problems

Currie outlines the development of the status of judges in England and in the US, with a brief reference to the German system. He also discusses some of the more important controversies over judicial independence and accountability that have arisen under the US Constitution.


Comment: Judicial Selection And Decisional Independence, Harold See Jul 1998

Comment: Judicial Selection And Decisional Independence, Harold See

Law and Contemporary Problems

To protect the decisional independence of judges without disturbing the proper balance of control on the exercise of judicial power, substantive reforms to the selection processes should include adjustments in judicial term length, responsible campaign finance reform and efforts to assure public understanding of the role of the judiciary in the government structure of the US.


Comment, Roy A. Schotland Jul 1998

Comment, Roy A. Schotland

Law and Contemporary Problems

The greatest current threat to judicial independence is the increasing politicization of judicial elections. They are becoming nastier, noisier and costlier.


Comment: Liberty, Prosperity, And A Strong Judicial Institution, Stephen G. Breyer Jul 1998

Comment: Liberty, Prosperity, And A Strong Judicial Institution, Stephen G. Breyer

Law and Contemporary Problems

No abstract provided.


Foreword, Philip S. Anderson Jul 1998

Foreword, Philip S. Anderson

Law and Contemporary Problems

No abstract provided.


Independent Judges And Independent Justice, Suzanna Sherry Jul 1998

Independent Judges And Independent Justice, Suzanna Sherry

Law and Contemporary Problems

Sherry discusses how judges have exercised their independence. She provides a brief historical overview of judges using their independence to implement their own view of justice.


Judicial Discipline And Judicial Independence, Steven Lubet Jul 1998

Judicial Discipline And Judicial Independence, Steven Lubet

Law and Contemporary Problems

The question of judicial accountability and independence arises primarily in the context of state courts. When it comes to accountability, it is state judges who must be concerned about threates to their independence.


Comment: Judicial Accountability And Discipline, Wendell L. Griffen Jul 1998

Comment: Judicial Accountability And Discipline, Wendell L. Griffen

Law and Contemporary Problems

The judicial disciplinary process and the specter of politically motivated misconduct allegations against state judges poses an important challenge to judicial independence.


Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington Jul 1998

Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington

Law and Contemporary Problems

Carrington notes that because judges in trial and intermediate courts are accountable to highest courts, it is the latter that are responsible for keeping the faith with democratic traditions.


Judging Rules, Ruling Judges, Stephen C. Yeazell Jul 1998

Judging Rules, Ruling Judges, Stephen C. Yeazell

Law and Contemporary Problems

Bureaucracy and complexity are not pejorative terms, but they are limiting terms, and it makes sense to examine the limitations that inhere in them. The US needs to return from a system of judicially created rules back to a system of judicially scrutinized rules.


Journal Staff Jul 1998

Journal Staff

Law and Contemporary Problems

No abstract provided.


Journal Staff Apr 1998

Journal Staff

Law and Contemporary Problems

No abstract provided.