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Articles 1 - 6 of 6
Full-Text Articles in Rule of Law
The Fall Of An American Lawyer, Michael Ariens
The Fall Of An American Lawyer, Michael Ariens
Faculty Articles
John Randall is the only former president of the American Bar Association to be disbarred. He wrote a will for a client, Lovell Myers, with whom Randall had been in business for over a quarter-century. The will left all of Myers’s property to Randall, and implicitly disinherited his only child, Marie Jensen. When Jensen learned of the existence of a will, she sued to set it aside. She later filed a complaint with the Iowa Committee on Professional Ethics and Conduct. That complaint was the catalyst leading to Randall’s disbarment.
Randall had acted grievously in serving as Lovell Myers’s attorney. …
Ostracism And Democracy, Alex Zhang
Ostracism And Democracy, Alex Zhang
Faculty Articles
The 2020 Presidential Election featured an unprecedented attempt to undermine our democratic institutions: allegations of voter fraud and litigation about mail-in ballots culminated in a mob storming of the Capitol as Congress certified President Biden’s victory. Former President Trump now faces social-media bans and potential disqualification from future federal office, but his allies have criticized those efforts as the witch-hunt of a cancel culture that is symptomatic of the unique ills of contemporary liberal politics.
This Article defends recent efforts to remove Trump from the public eye, with reference to an ancient Greek electoral mechanism: ostracism. In the world’s first …
Church-State Constitutional Issues: Making Sense Of The Establishment Clause And That Godless Court?: Supreme Court Decision On Church-State Relationships (Book Reviews), Michael Ariens
Faculty Articles
No abstract provided.
The Use Of Offender Characteristics In Guideline Sentencing: A Laboratory Report From Washington State, David Boerner
The Use Of Offender Characteristics In Guideline Sentencing: A Laboratory Report From Washington State, David Boerner
Faculty Articles
This article examines the topic of using offender characteristics in guideline sentencing—a controversial concern, as guidelines have limited the ability for parole boards and judges to use offender characteristics. The article specifically examines how Washington state has approached the issue.
Sentencing Guidelines And Prosecutorial Discretion, David Boerner
Sentencing Guidelines And Prosecutorial Discretion, David Boerner
Faculty Articles
This article explores the topic of sentencing guidelines. Specifically, the author weighs the intended role of such guidelines against their role in actuality, noting the discrepancy between the two. The article concludes that it is up to the values and skill of those who implement the sentencing guidelines for their proper manifestation in the legislative process.
Bringing Law To Sentencing, David Boerner
Bringing Law To Sentencing, David Boerner
Faculty Articles
This article outlines the evolution of sentencing standards over the years. It identifies several key events in the progression toward a more lawful approach to sentencing.