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Articles 1 - 9 of 9
Full-Text Articles in Judges
Rita V. United States Leaves More Open Than It Answers, Stephanos Bibas
Rita V. United States Leaves More Open Than It Answers, Stephanos Bibas
All Faculty Scholarship
This essay surveys the sentencing issues left open by Rita v. United States and considers how the presumption of reasonableness is likely to operate in practice and how rebutable it is, the roles of safe harbors and individual judges' policy disagreements, and the importance of Justices Stevens and Ginsburg as the swing Justices in this area. This line of cases has drifted far from its roots in a Sixth Amendment concern for juries. Though the resulting sentencing policies may be substantively desirable, the Court cannot articulate how they are rooted in the Sixth Amendment's concern for juries.
La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva
La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva
Edward Ivan Cueva
La Cesión de Derechos en el Código Civil Peruano
Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva
Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan
Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan
University of Richmond Law Review
No abstract provided.
Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora
Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora
ExpressO
The so called “war on terror” provides the Bush administration with a unique opportunity to both establish clear guidelines for the interrogation of detainees and to make a forceful statement about American values. How the government chooses to act can promote either an ethical commitment to the norms of civil society, or an attitude analogous to Toby Keith’s “American Way,” where Keith sings that “you’ll be sorry that you messed with the USofA, ‘Cuz we’ll put a boot in your ass, It’s the American Way.”
No aspect of the “war on terrorism” more clearly addresses this balance than coercive interrogation. …
No-Drop Civil Protection Orders: Exploring The Bounds Of Judicial Intervention In The Lives Of Domestic Violence Victims, Tamara L. Kuennen
No-Drop Civil Protection Orders: Exploring The Bounds Of Judicial Intervention In The Lives Of Domestic Violence Victims, Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
Whatever approach a judge takes to a victim's motion to vacate, there will be a risk. Women who are victims of domestic violence will be threatened or hurt or even killed, and the danger of this happening may increase or decrease based in part on the judge's decision. In the face of such risk, this article argues that on balance, the cost of sacrificing victim autonomy in these cases is too great, and that courts should defer to the victim's decision to vacate, except in the limited circumstance in which doing so is detrimental to an identifiable third party - …
Capital Defense Representation, Norman Lefstein
Capital Defense Representation, Norman Lefstein
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
A Necessary And Proper Role For Federal Courts In Prison Reform: The Benjamin V. Malcolm Consentdecrees, Harold Baer Jr., Arminda Bepko
A Necessary And Proper Role For Federal Courts In Prison Reform: The Benjamin V. Malcolm Consentdecrees, Harold Baer Jr., Arminda Bepko
NYLS Law Review
No abstract provided.
The Canine Metaphor And The Future Of Sentencing Reform: Dogs, Tails, And The Constitutional Law Of Wagging, Benjamin Priester
The Canine Metaphor And The Future Of Sentencing Reform: Dogs, Tails, And The Constitutional Law Of Wagging, Benjamin Priester
Journal Publications
Over the last seven years, in what is commonly referred to as the Apprendi line of cases, the United States Supreme Court has promulgated an audacious and controversial constitutional law of sentencing characterized by thinly veiled disdain for legislative sentencing reform measures and high regard for judicial discretion in punishing offenders. The Court's opinions have asserted that its newfound constitutional principle is necessary to safeguard defendants' Sixth Amendment right to trial by jury against legislative encroachment. In truth, the only interest being preserved is judges' assessment of their own importance. The doctrinal and practical effects of the new sentencing doctrine …