Law Commons^™

What Is Due To Others: Speaking And Signifying Subject(S) Of Rape Law, Penelope J. Pether

Working Paper Series

Australian journalist Paul Sheehan's representation of the alleged and convicted immigrant Muslim/Arab rapists he demonises in 'Girls Like You', like his representation of the rape survivors in that text, has much to tell us about the law's production of rape law's speaking and signifying subjects, “real rape” victims and survivors, false accusers and perpetrators. This article uses a variety of texts, including 'Girls Like You', recent Australian rape law jurisprudence and legislative reform, texts involving two controversial recent US rape cases — one from Maryland and one from Nebraska — and a recent UK study on attrition in rape prosecutions, …

Violent Crimes And Known Associates: The Residual Clause Of The Armed Career Criminal Act, David C. Holman

David Holman

Confusion reigns in federal courts over whether crimes qualify as “violent felonies” for purposes of the Armed Career Criminal Act (ACCA). The ACCA requires a fifteen-year minimum sentence for felons convicted of possessing a firearm who have three prior convictions for violent felonies. Many offenders receive the ACCA’s mandatory minimum sentence of fifteen years based on judges’ guesses that their prior crimes could be committed in a violent manner—instead of based on the statutory crimes of which they were actually convicted. Offenders who do not deserve a minimum sentence of fifteen years may receive it anyway.

The courts’ application of …

Retributivism For Progressives: A Response To Professor Flanders, David C. Gray, Jonathan Huber

Faculty Scholarship

In his engaging article "Retributivism and Reform," published in the Maryland Law Review, Chad Flanders engages two claims he ascribes to James Q. Whitman: 1) that American criminal justice is too "harsh," and 2) that Americans’ reliance on retributivist theories of criminal punishment is implicated in that harshness. In this invited response, to which Flanders subsequently replied, we first ask what "harsh" might mean in the context of a critique of criminal justice and punishment. We conclude that the most likely candidate is something along the lines of "disproportionate or otherwise unjustified." With this working definition in hand, we measure …

Jurists For Jesus, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

This article focuses on Jesus’ fundamental mandate to ―love your neighbor as yourself. These five words encompass two prongs: honoring every individual (yourself), and caring for the human community as a whole (Your neighbor). This article refers to these two fundamental prongs as the Jesus Principles. An individual does not need to be a Christian or otherwise religious to embrace the Jesus Principles; in fact, they are universal. Developing laws and policies consistent with the basic concept of love reflected in the Jesus Principles can guide us toward a more just society.

Introduction To Symposium: The Future Of The Exclusionary Rule And The Aftereffects Of The Herring And Hudson Decisions, Barry Kamins

Fordham Urban Law Journal

This article is an introduction the symposium, "The Future of the Exclusionary Rule and the Aftereffects of the Herring and Hudson Decisions," hosted by the Fordham Urban Law Journal. The symposium explored the effects of the Supreme Court’s decisions in Herring v. United States and Hudson v. Michigan—what the Supreme Court will do with the Rule in the future, as well as varying interpretations of what the Supreme Court should do. The federal exclusionary rule, which is approaching its 100th anniversary, was extended to the states almost fifty years ago by the Supreme Court in its landmark decision of Mapp …