Law Commons^™

A Good Name: Applying Regulatory Takings Analysis To Reputation Damage Caused By Criminal History, Jamila Jefferson-Jones

West Virginia Law Review

No abstract provided.

Actmissions, Luis E. Chiesa

West Virginia Law Review

Most observers agree that it is morally worse to cause harm by engaging in an act than to contribute to producing the same harm by an omission. As a result, American criminal law punishes harmful omissions less than similarly harmful acts, unless there are exceptional circumstances that warrant punishing them equally. Yet there are many cases in which actors cause harm by engaging in conduct that can be reasonably described as either an act or an omission. Think of a doctor who flips a switch that discontinues life support to a patient. If the patient dies as a result, did …

Flawed Forensics And The Death Penalty: Junk Science And Potentially Wrongful Executions, Jessica Dwyer-Moss

Seattle Journal for Social Justice

No abstract provided.

Teach Law Students, Judges, And The Community: Rational Sentencing Policies, Robert J. Levy

Journal of Legal Education

No abstract provided.

Book Review Of Clarence Darrow: Attorney For The Damned, By John A. Ferrell, Karla Mari Mckanders

Journal of Legal Education

No abstract provided.

Not Just Kid Stuff - Extending Graham And Miller To Adults, Michael M. O'Hear

Missouri Law Review

Part II more fully unpacks the central jurisprudential values that animate Graham and Miller. By reference to these values, Part III explains how Graham and Miller may be reconciled with Harmelin and Ewing. Finally, Part IV discusses the application of Graham and Miller to one particular category of adult offenders – those sentenced under the three-strikes provision of 21 U.S.C. § 841(b)(1)(A) – and concludes that at least some of these offenders may have viable Eighth Amendment claims

Imagining Success For A Restorative Approach To Justice: Implications For Measurement And Evaluation, Jennifer J. Llewellyn, Bruce P. Archibald, Don Clairmont, Diane Crocker

Dalhousie Law Journal

Whether restorative justiceis "successful," or not, is a complex question. Attempts to answer this question by practitioners, professionals, and scholars have often been bounded by common notions of success in standard criminal justice terms. The authors of this paper suggest that ifrestorative justice is properly understood in terms of its focus on relationship, success should be measured on new and different dimensions. This paper seeks to bring a relational imagination to the scholarly effort of capturing the essence ofrestorative justice and figuring out how to assess its successes and failures. The authors offer a foundation and agenda for future research …

Chain Gang: Examining The Seventh Circuit's "Chain Of Distribution Test" When Applying Minimum Sentences For Drug-Related Deaths, David Starshak

Seventh Circuit Review

If a person dies or is seriously injured after using illegal drugs, the person who sold them the drugs is subject to mandatory minimum sentences under 21 U.S.C. § 841(b). But what happens when the person who sold the drug is a member of a drug distribution conspiracy? How can the courts go after the other members of that organization?

The Seventh Circuit answered these questions in United States v. Walker, when it held that other members of the conspiracy could also be subject to § 841(b)'s minimum sentences as long as they were within the "chain of distribution" …

A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation, Lauren Gregorcyk

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Book Review Of The Law Is A White Dog: How Legal Rituals Make And Unmake Persons, By Colin Dayan, Dean Spade

Journal of Legal Education

No abstract provided.

"Burglar Of Interest": An Analysis Of South Carolina Burglary Law After State V. Singley, Stephen D. Sutherland

South Carolina Law Review

No abstract provided.

Deportation Of Aliens For Criminal Convictions, David F. Aberson

Pepperdine Law Review

No abstract provided.

Certification Of Juveniles To Adult Court , Joseph N. Sorrentino, Gary K. Olsen

Pepperdine Law Review

No abstract provided.

Guidelines For Statutes For Transfer Of Juveniles To Criminal Court , Elizabeth W. Browne

Pepperdine Law Review

No abstract provided.

Business-Related Criminal Law In Europe: A Critical Inventory, Klaus Tiedemann, Edgardo Rotman (Translator)

University of Miami International and Comparative Law Review

No abstract provided.

Implied Fortitude: California's Defense Of Duress, Russell Stephan Kerr

Pepperdine Law Review

No abstract provided.

The Asymmetry Of Ronald Dworkin's Rights Thesis In Criminal Cases: A Troublesome Exception, H. Scott Fairley

Pepperdine Law Review

No abstract provided.

Mistreating A Symptom: The Legitimizing Of Mandatory, Indefinite Commitment Of Insanity Acquittees - Jones V. United States, Paul S. Avilla

Pepperdine Law Review

At the end of the 1982 term, in Jones v. United States, the United States Supreme Court upheld a District of Columbia statute requiring the automatic and indefinite commitment of persons acquitted by reason of insanity. While under the D.C. statute the acquittee is periodically given the opportunity to gain release, the practice of involuntarily confining someone who has been acquitted raises serious due process and equal protection issues. This note examines the Court's analysis of these issues, focusing on a comparison of the elements necessary for an insanity defense with the showing required by the due process clause for …

Simplifying Federal Criminal Laws , Robert H. Joost

Pepperdine Law Review

No abstract provided.

Boiler Room Fraud: An Operational Plan Utilizing The Injunction Against Fraud Pursuant To 18 U.S.C. §1345 , Robert M. Twiss

Pepperdine Law Review

No abstract provided.

Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers

Pepperdine Law Review

No abstract provided.

Thompson V. Oklahoma: Debating The Constitutionality Of Juvenile Executions, Susan M. Simmons

Pepperdine Law Review

No abstract provided.

The Constitutionality Of The Federal Sentencing Reform Act After Mistretta V. United States, Charles R. Eskridge Iii

Pepperdine Law Review

No abstract provided.

E Proper Remedy For Possession Of Child Pornography: Shifting From Restitution To A Victims Compensation Program, Michelle Minarcik

NYLS Law Review

No abstract provided.

Shame: A Different Criminal Law Proposal For Bullies, Xiyin Tang

Cleveland State Law Review

Public concern over bullying has reached an all-time high. The absence of a sensible criminal charging and sentencing regime for the problem recently reared its head in the highly publicized prosecution of Dharun Ravi, who was convicted of fifteen counts and faced the possibility of ten years in prison. This Essay argues that existing criminal statutes used to address the problem, like bias intimidation and invasion of privacy, do not fit neatly with the specific wrongs of bullying. However, recently-enacted “cyber bullying” laws, which give complete discretion to school administrators, are weak and ineffective. I propose another solution: first, to …

Teaching The Carceral Crisis: An Ethical And Pedagogical Imperative, Taja-Nia Y. Henderson

University of Maryland Law Journal of Race, Religion, Gender and Class

"Teaching the Carceral Crisis: An Ethical and Pedagogical Imperative," demonstrates that although mass incarceration and mass conviction has increased in the United States, law school curricula has continued to lack any substantive discussion on these issues. The article highlights the need for law schools to improve their current curricula in order to prevent further stigmatization of criminal offenders and the continued increase of incarceration rates.

Making The Fair Sentencing Act Retroactive: Just Think Of The Savings . . . Clause, Jeff Lazarus

Cleveland State Law Review

This article advocates for the retroactive application of the Fair Sentencing Act. Part II of this Article will detail the history of the federal crack cocaine sentencing laws, from 1986 through the passage of the Fair Sentencing Act. Part III will detail the recent cases dealing with attempts at retroactivity in the lower courts. Part IV outlines the Supreme Court’s holding in United States v. Dorsey, which was a ground-breaking step towards the FSA’s retroactive effect. Part V offers arguments in support of retroactivity. Part VI offers legal challenges in which inmates can seek relief in the courts. In Part …

Toward A Common Law Of Plea Bargaining, Wesley Macneil Oliver

Kentucky Law Journal

No abstract provided.

Certainty In A World Of Uncertainty: Proposing Statutory Guidance In Sentencing Juveniles To Life Without Parole., Sonia Mardarewich

The Scholar: St. Mary's Law Review on Race and Social Justice

In Miller v. Alabama, the United States Supreme Court held that mandatory life sentences without parole imposed upon juveniles was unconstitutional. The Court reasoned that the sentence was cruel and unusual punishment in violation of the Eighth Amendment. The Court, however, did not hold it was unconstitutional to sentence a juvenile to life without parole if there was “transferred intent” or “reckless disregard.” Nonetheless, the Court effectively abolished state discretion and required sentencing courts to consider an offender’s youth and attendant characteristics as mitigating circumstances. The Court, however, did not specify what sentencing guidelines should dictate. Thus, states are now …