Open Access. Powered by Scholars. Published by Universities.®

Judges Commons

Open Access. Powered by Scholars. Published by Universities.®

University of Michigan Law School

Law reform

University of Michigan Journal of Law Reform

Courts

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Judges

Criminal Certification: Restoring Comity In The Categorical Approach, Joshua Rothenberg Nov 2017

Criminal Certification: Restoring Comity In The Categorical Approach, Joshua Rothenberg

University of Michigan Journal of Law Reform

Federal sentencing enhancements force federal courts to delve into the world of substantive state criminal law. Does a state assault statute require violent force or just offensive touching? Does a state burglary statute that criminalizes breaking into a car or a house require prosecutors to charge the location entered as an element? Whether a person with prior convictions convicted of violating 18 U.S.C. ยง 922(g) faces a minimum sentence of fifteen years and a maximum of life imprisonment rather than a maximum sentence of ten years turns upon the answers to these questions. Yet, state law often does ...


Discretionary (In)Justice: The Exercise Of Discretion In Claims For Asylum, Kate Aschenbrenner Apr 2012

Discretionary (In)Justice: The Exercise Of Discretion In Claims For Asylum, Kate Aschenbrenner

University of Michigan Journal of Law Reform

Section 208(a) of the Immigration and Nationality Act provides that asylum may be granted to an applicant who meets the definition of a refugee-that is, someone who has been persecuted or has a well-founded fear of future persecution in her own country on account of race, religion, nationality, political opinion, or membership in a particular social group. Asylum is a discretionary form of relief which means that the United States government is not required to grant asylum to every refugee within the United States but instead may decide whether or not to do so. This Article sets out in ...