Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (21)
- Washington and Lee University School of Law (18)
- Pepperdine University (17)
- Touro University Jacob D. Fuchsberg Law Center (10)
- UIC School of Law (3)
-
- University of the Pacific (2)
- American University Washington College of Law (1)
- Cleveland State University (1)
- Pace University (1)
- SJ Quinney College of Law, University of Utah (1)
- University of Florida Levin College of Law (1)
- University of Michigan Law School (1)
- University of Oklahoma College of Law (1)
- University of Richmond (1)
- West Virginia University (1)
- William & Mary Law School (1)
- Keyword
-
- Right to counsel (20)
- Defense (Criminal procedure) (16)
- Defense attorneys (16)
- Legal representation (15)
- Sixth Amendment (10)
-
- New York (8)
- Constitutional Law (7)
- Constitutional law (6)
- Criminal Law (5)
- Criminal law (5)
- Fourth Amendment (5)
- 6th Amendment (4)
- Confrontation Clause (4)
- Constitution (4)
- Criminal (4)
- Criminal Procedure (4)
- Death penalty (4)
- Defendant (4)
- Misdemeanors (4)
- 6th amendment (3)
- Capital punishment (3)
- Constitutional right (3)
- Counsel (3)
- Court (3)
- Due process (3)
- Right to Counsel (3)
- Sentencing (3)
- Supreme Court (3)
- United States Supreme Court (3)
- Waiver (3)
- Publication
-
- Pepperdine Law Review (16)
- Seattle Journal for Social Justice (16)
- Washington and Lee Law Review (16)
- Touro Law Review (10)
- Seattle University Law Review (5)
-
- UIC Law Review (3)
- McGeorge Law Review (2)
- Washington and Lee Journal of Civil Rights and Social Justice (2)
- Cleveland State Law Review (1)
- Florida Law Review (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Legislation and Policy Brief (1)
- Michigan Law Review (1)
- Oklahoma Law Review (1)
- Pace Law Review (1)
- Richmond Journal of Global Law & Business (1)
- Utah OnLaw: The Utah Law Review Online Supplement (1)
- West Virginia Law Review (1)
- William & Mary Bill of Rights Journal (1)
Articles 1 - 30 of 81
Full-Text Articles in Constitutional Law
Constitutionally Tailoring Punishment, Richard A. Bierschbach, Stephanos Bibas
Constitutionally Tailoring Punishment, Richard A. Bierschbach, Stephanos Bibas
Michigan Law Review
Since the turn of the century, the Supreme Court has regulated noncapital sentencing under the Sixth Amendment in the Apprendi line of cases (requiring jury findings of fact to justify sentence enhancements) as well as under the Eighth Amendment in the Miller and Graham line of cases (forbidding mandatory life imprisonment for juvenile defendants). Although both lines of authority sound in individual rights, in fact they are fundamentally about the structures of criminal justice. These two seemingly disparate doctrines respond to structural imbalances in noncapital sentencing by promoting morally appropriate punishment judgments that are based on individualized input and that …
A Deal Is A Deal: Plea Bargains And Double Jeopardy After Ohio V. Johnson, Philip Chinn
A Deal Is A Deal: Plea Bargains And Double Jeopardy After Ohio V. Johnson, Philip Chinn
Seattle University Law Review
The Double Jeopardy Clause provides that no person will “be subject for the same offence to be twice put in jeopardy of life or limb.” On March 10, 2004, Pedro Cabrera made a statement that cost him fourteen years of his life: he proclaimed his innocence. The court accepted this plea and ordered a finding of guilty with a recommended sentence of six years. However, during an exchange that followed, Mr. Cabrera asserted that he was actually innocent but that he preferred “to take the time” instead of proceeding to trial. The judge then refused to accept Mr. Cabrera’s guilty …
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
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
Seattle University Law Review
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 portion …
Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber
Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber
Seattle Journal for Social Justice
No abstract provided.
Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young
Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young
Seattle Journal for Social Justice
No abstract provided.
Introduction, Jacqueline Mcmurtrie
Introduction, Jacqueline Mcmurtrie
Seattle Journal for Social Justice
No abstract provided.
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns
Seattle Journal for Social Justice
No abstract provided.
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Seattle Journal for Social Justice
No abstract provided.
The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore
The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore
Seattle Journal for Social Justice
No abstract provided.
Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan
Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan
Seattle Journal for Social Justice
No abstract provided.
Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi
Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi
Seattle Journal for Social Justice
No abstract provided.
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Seattle Journal for Social Justice
No abstract provided.
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz
Seattle Journal for Social Justice
No abstract provided.
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson
Seattle Journal for Social Justice
No abstract provided.
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Seattle Journal for Social Justice
No abstract provided.
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Seattle Journal for Social Justice
No abstract provided.
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore
Seattle Journal for Social Justice
No abstract provided.
Are There Still Collateral Consequences In New York After Padilla?, John H. Wilson
Are There Still Collateral Consequences In New York After Padilla?, John H. Wilson
Touro Law Review
No abstract provided.
What Matters More: A Day In Jail Or A Criminal Conviction?, John P. Gross
What Matters More: A Day In Jail Or A Criminal Conviction?, John P. Gross
William & Mary Bill of Rights Journal
No abstract provided.
Is Brown The New Black?: American Muslims, Inherent Propensity For Violence, And America’S Racial History, Amara S. Chaudhry-Kravitz
Is Brown The New Black?: American Muslims, Inherent Propensity For Violence, And America’S Racial History, Amara S. Chaudhry-Kravitz
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation, Lauren Gregorcyk
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.
Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky
Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky
West Virginia Law Review
The legal status of medical marijuana in the United States is something of a paradox. On one hand, the federal government has placed a ban on the drug with no exceptions. On the other hand, forty percent of states have legal- ized its cultivation, distribution, and consumption for medical purposes. As such, medical marijuana activity is at the same time proscribed (by the federal government) and encouraged (by state governments through their systems of regulation and taxation). This Article seeks to shed light on this unprecedented, nebulous zone of legality in which an activity is both legal and illegal, what …
Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens
Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens
Seattle University Law Review
This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its …
The Admissibility Of Cell Site Location Information In Washington Courts, Ryan W. Dumm
The Admissibility Of Cell Site Location Information In Washington Courts, Ryan W. Dumm
Seattle University Law Review
This Comment principally explores when and how a party can successfully admit cell cite location information into evidence. Beginning with the threshold inquiry of relevance, Part III examines when cell site location information is relevant and in what circumstances the information, though relevant, could be unfairly prejudicial, cumulative, or confusing. Part IV provides the bulk of the analysis, which centers on the substantive foundation necessary to establish the information’s credibility and authenticity. Part V looks at three ancillary issues: hearsay, a criminal defendant’s Sixth Amendment confrontation rights, and the introduction of a summary of voluminous records. Finally, Part VI offers …
“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz
“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz
Seattle University Law Review
The protections of the Fourth Amendment on the streets and highways of America have been drastically curtailed. This Article traces the debasement of Fourth Amendment protections on the road and how the Fourth Amendment’s core value of preventing arbitrary police behavior has been marginalized. This Article contends that the existence of a traffic offense should not be the end of the inquiry but the first step, and that defendants should be able to challenge the reasonableness even when there is proof of a traffic offense.
"Yes, We Can" Grant Guantánamo Detainees Habeas Corpus Rights, In Boumediene V. Bush, Sarah Christian
"Yes, We Can" Grant Guantánamo Detainees Habeas Corpus Rights, In Boumediene V. Bush, Sarah Christian
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Searches Incident To Arrest And The Aftermath Of Arizona V. Gant – A Circuit Split As To Gant’S Applicability To Non-Vehicular Searches, Nicholas De Sena
Searches Incident To Arrest And The Aftermath Of Arizona V. Gant – A Circuit Split As To Gant’S Applicability To Non-Vehicular Searches, Nicholas De Sena
Pace Law Review
The nation’s struggle to balance individual rights of privacy and legitimate law enforcement efforts continues without any clear resolution in sight. The Fourth Amendment of the United States Constitution guarantees citizens the right to be free from unreasonable searches and seizures, stating that search warrants shall be issued only with a showing of probable cause, a description of the place to be searched, and the persons or things to be seized. Complementing the warrant requirement is the principal that searches done without a warrant are per se unreasonable. The Supreme Court, however, has recognized exceptions to the warrant requirement under …
Imagining The Open Road, Brooks Holland
Imagining The Open Road, Brooks Holland
Florida Law Review
I first read a draft of Nancy Leong’s Article, The Open Road and the Traffic Stop: Narratives and Counter-Narratives of the American Dream (“Open Road”), while my law school was preparing to host a conference on race and criminal justice. To our great fortune, Professor Leong accepted our invitation to present this thoughtful paper. I now have re-read the Open Road to write this response paper while additionally considering Articles by David Segal, Stanley Fish, and others debating aspects of legal education—in particular, the role of faculty scholarship. My repeated engagements with the Open Road confirm that it contributes beautifully …