Law Commons^™

Access-To-Justice Challenges For Expungement In Tennessee, Joy Radice

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Congressional Control Of Presidential Pardons, Glenn Harlan Reynolds

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Though the president’s pardon power is plenary, many questions remain. To what extent may Congress, via legislation, regulate the president’s pardon power? Though it is well established that the power is plenary, does that insulate the pardon power from any Congressional regulation at all? And if the answer to this is “no” – and it is – then what sort of Congressional regulation is permissible? I address those issues in this short Essay, while offering some suggestions for regulating, or at least regularizing, the pardon power in ways that I believe are within Congress’s power.

Ham Sandwich Nation: Due Process When Everything Is A Crime, Glenn Harlan Reynolds

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Though extensive due process protections apply to the investigation of crimes, and to criminal trials, perhaps the most important part of the criminal process -- the decision whether to charge a defendant, and with what -- is almost entirely discretionary. Given the plethora of criminal laws and regulations in today's society, this due process gap allows prosecutors to charge almost anyone they take a deep interest in. This Essay discusses the problem in the context of recent prosecutorial controversies involving the cases of Aaron Swartz and David Gregory, and offers some suggested remedies, along with a call for further discussion.

The Marshall Hypothesis And The Rise Of Anti-Death Penalty Judges, Dwight Aarons

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A Better Balancing: Reconsidering Pre-Conviction Dna Extraction From Federal Arrestees, Joy Radice

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Federal law mandates the collection of a biological sample from anyone arrested by federal authorities or facing federal charges, regardless of the charge. The FBI then creates a DNA profile from the sample and enters that profile into the Combined DNA Index System (“CODIS”), a national database through which law enforcement matches individuals and crime scene DNA evidence.

Part I of the essay briefly reviews the federal statute that authorizes pre-conviction DNA extraction and the Fourth Amendment principles that underlie the current constitutional challenges to it. Part II identifies the various, and sometimes competing, rationales offered to justify the constitutionality …

Administering Justice: Removing Statutory Barriers To Reentry, Joy Radice

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After years of swelling prison populations, the reentry into society of people with criminal convictions has become a central criminal justice issue. Scholars, advocates, judges, and lawmakers have repeatedly emphasized that, even after prison, punishment continues from severe civil penalties that are imposed by federal and state statutes on anyone with a conviction. To alleviate the impact of these punishments, they have increasingly endorsed state legislation that creates certificates of rehabilitation. Seven states offer these post- conviction certificates, and six others proposed such legislation in 2011. Many look to New York’s statute as the best model because it is the …

Studying The Death Penalty In Tennessee, Dwight Aarons

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The Detention Of Material Witnesses And The Fourth Amendment, Joseph G. Cook

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Reflections On The Killing State: A Cultural Study Of The Death Penalty In The Twentieth Century United States, Dwight Aarons

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Getting Out Of This Mess: Steps Toward Addressing And Avoiding Inordinate Delay In Capital Cases, Dwight Aarons

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Can Inordinate Delay Between A Death Sentence And Execution Constitute Cruel And Unusual Punishment?, Dwight Aarons

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Criminal Law In Tennessee In 1980 - A Critical Survey, Joseph G. Cook

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Criminal Law In Tennessee In 1979 - A Critical Survey, Joseph G. Cook

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Criminal Law In Tennessee In 1977-1978 - A Critical Survey, Joseph G. Cook

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Criminal Law In Tennessee In 1976-1977 - A Critical Survey, Joseph G. Cook

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Criminal Law In Tennessee In 1975: A Critical Survey, Joseph G. Cook

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Criminal Law In Tennessee In 1974: A Critical Survey, Joseph G. Cook

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Criminal Law In Tennessee In 1973: A Critical Survey, Joseph G. Cook

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Criminal Law In Tennessee In 1972: A Critical Survey, Joseph G. Cook

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Warrantless Searches Incident To Arrest, Joseph G. Cook

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The Art Of Frisking, Joseph G. Cook

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Criminal Law In Tennessee In 1971 - A Critical Survey, Joseph G. Cook

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Requisite Particularity In Search Warrant Authorizations, Joseph G. Cook

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Varieties Of Detention And The Fourth Amendment, Joseph G. Cook

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Probable Cause To Arrest, Joseph G. Cook

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Subjective Attitudes Of Arrestee And Arrestor As Affecting Occurrence Of Arrest, Joseph G. Cook

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Criminal Law In Tennessee In 1970 - A Critical Survey, Joseph G. Cook

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Current Problems In Search And Seizure, Joseph G. Cook

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Criminal Law In Tennessee In 1969 - A Critical Survey, Joseph G. Cook

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Criminal Law In Tennessee In 1968 - A Critical Survey, Joseph G. Cook

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