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Full-Text Articles in Law

The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter Nov 2013

The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter

Judith L Ritter

By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key ...


Cases On Criminal Procedure, Robert Bloom Oct 2013

Cases On Criminal Procedure, Robert Bloom

Robert Bloom

No abstract provided.


Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks Aug 2013

Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks

Dan E. Stigall

The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that ...


Bearing False Witness: Perjured Affidavits And The Fourth Amendment, Stephen W. Gard Mar 2013

Bearing False Witness: Perjured Affidavits And The Fourth Amendment, Stephen W. Gard

Stephen W. Gard

The purpose of this Article is to articulate appropriate legal doctrine to govern the problem of false statements of fact by law enforcement officers in warrant affidavits. This Article addresses the issue in the context of actions brought pursuant to 42 U.S.C. § 1983 to redress such Fourth Amendment violations. This perspective promises to be interesting and unique for two reasons. First, the fact that the guilty are ordinarily the direct beneficiaries of the Fourth Amendment has long been a matter of grave concern. In contrast, rarely, if ever, will anyone except an innocent victim of a search based ...


Mercenary Criminal Justice, Ronald F. Wright, Wayne A. Logan Mar 2013

Mercenary Criminal Justice, Ronald F. Wright, Wayne A. Logan

Ronald F. Wright

Lately, a growing number of bill collectors stand in line to collect on the debt that criminals owe to society. Courts order payment of costs; legislatures levy conviction surcharges; even private, for-profit entities get a piece of the action, collecting fees for probation supervision services and the like. And some of these collectors beckon even before a final bill is due, such as prosecutors who require suspects to pay diversion fees before they file any charges.

Government budgetary cutbacks during the Great Recession have led criminal justice actors to rely on legal financial obligations (LFOs) as a source of revenue ...


Cases On Criminal Procedure, Robert Bloom Dec 2012

Cases On Criminal Procedure, Robert Bloom

Robert M. Bloom

No abstract provided.


The Innocent Defendant’S Dilemma: An Innovative Empirical Study Of Plea Bargaining’S Innocence Problem, Lucian Dervan, Vanessa Edkins Dec 2012

The Innocent Defendant’S Dilemma: An Innovative Empirical Study Of Plea Bargaining’S Innocence Problem, Lucian Dervan, Vanessa Edkins

Lucian E Dervan

In 1989, Ada JoAnn Taylor was accused of murder and presented with stark options. If she pleaded guilty, she would be rewarded with a sentence of ten to forty years in prison. If, however, she proceeded to trial and was convicted, she would likely spend the rest of her life behind bars. Over a thousand miles away in Florida and more than twenty years later, a college student was accused of cheating and presented with her own incentives to admit wrongdoing and save the university the time and expense of proceeding before a disciplinary review board. Both women decided the ...


Lafler's Remedial Uncertainty: Prosecutors Can Rest Easy, Darryl K. Brown Dec 2012

Lafler's Remedial Uncertainty: Prosecutors Can Rest Easy, Darryl K. Brown

Darryl K. Brown

Some worry that the Supreme Court's decisions in Lafler v. Cooper and Frye v. Missouri create for defendants an unfair opportunity to manipulate the criminal process. They can plead guilty and, if dissatisfied with the sentence, void the conviction on with evidence that their counsel was ineffective and thereafter exercise their right to trial. This brief essay explains why these worries are unfounded and the manipulation scenario highly implausible.