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Articles 271 - 279 of 279

Full-Text Articles in Rule of Law

Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996 Jan 1997

Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996

Touro Law Review

No abstract provided.

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The Color Of Money, Paul F. Campos Jan 1996

The Color Of Money, Paul F. Campos

Publications

No abstract provided.

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Judicial Conduct Jan 1993

Judicial Conduct

Touro Law Review

No abstract provided.

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The Judiciary's Use Of Supervisory Power To Control Federal Law Enforcement Activity, Department Of Justice Office Of Legal Policy Jun 1989

The Judiciary's Use Of Supervisory Power To Control Federal Law Enforcement Activity, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

In McNabb v. United States, the Supreme Court claimed- for the first time in its history-the prerogative of "establishing and maintaining civilized standards of procedure and evidence" in the exercise of "supervisory authority over the administration of criminal justice in the federal courts." Since then, the Court has used this self-declared oversight power on numerous occasions and for a wide variety of purposes, but it has never adequately explained either the provenance or the scope of this type of judicial authority. Lower federal courts have followed suit, on the largely unexamined assumption that they too are endowed with supervisory …

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Legality And Discretion In The Distribution Of Criminal Sanctions, Paul H. Robinson Jan 1988

Legality And Discretion In The Distribution Of Criminal Sanctions, Paul H. Robinson

All Faculty Scholarship

The judicial system now responds to criminal conduct in two rather divergent steps. A judge or jury first determines if a defendant should be held liable for a criminal offense. If so, then the judge or jury goes on to choose a penalty. Precise rules, designed to ensure fairness and predictability, govern the first stage, liability assignment. In the second stage, sentencing, however, judges and juries exercise broad discretion in meting out sanctions. In this Article, Professor Robinson argues that both liability assignment and sentencing are part of a single process of punishing criminal behavior and should be made more …

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A Sentencing System For The 21st Century?, Paul H. Robinson Jan 1987

A Sentencing System For The 21st Century?, Paul H. Robinson

All Faculty Scholarship

The Sentencing Reform Act of 1984 created the United States Sentencing Commission and directed it to devise sentencing guidelines for the federal criminal justice system. The Commission recently fulfilled this mandate, promulgating a final set of rules, which took effect November 1. Commissioner Robinson, in filing the lone dissent to these guidelines, argued that they neither meet the expectations of the Act nor provide a comprehensive and workable system. In this Article, Commissioner Robinson discusses the necessary components of a modern, principled, and workable system. He first identifies an ideal system by describing its primary goals and by offering the …

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Dissenting View Of Commissioner Paul H. Robinson To The Proposed Sentencing Guidelines For United State Courts, Paul H. Robinson Jan 1987

Dissenting View Of Commissioner Paul H. Robinson To The Proposed Sentencing Guidelines For United State Courts, Paul H. Robinson

All Faculty Scholarship

I believe the Sentencing Reform Act of 1984, which created the United States Sentencing Commission, contains two main directives. First, the Commission's guidelines must provide a rational and principled sentencing system that will further the purposes of just punishment and crime control. Second, the guidelines must reduce unwarranted disparity among sentences for similar offenders who commit similar offenses. The Act provides that this is to be achieved through the Commission's promulgation of a comprehensive sentencing system that will bind all federal judges. I opposed the Commission's Preliminary Draft of September, 1986, because I saw it as lacking both guiding principles …

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Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein Jan 1985

Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein

Faculty Scholarship

No abstract provided.

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Interstate Extradition And State Sovereignty, Eugene Cook May 1950

Interstate Extradition And State Sovereignty, Eugene Cook

Mercer Law Review

Since the first days of the Federal Union the problem of defining and delimiting the sovereignty of the states has occupied our courts, our Congress, and our legislatures, and, sadly, even at times our armies. The concept of dual sovereignty is an abstract one representing a compromise between the conflicting principles of local autonomy and national authority, and, like many another constitutional principle, it has occasionally been restated and rearranged to meet the demands of new and shifting governmental philosophies.

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