Blind Justice,
2015
Valparaiso University
Perspective Is Everything,
2015
Valparaiso University
Undue Burden,
2015
Valparaiso University
Dying To Win,
2015
Valparaiso University
New Opportunities For Defense Attorneys: How Record Preservation Requirements In The 1996 Habeas Bill Expand Defense Strategies,
2015
Valparaiso University
New Opportunities For Defense Attorneys: How Record Preservation Requirements In The 1996 Habeas Bill Expand Defense Strategies, Andrea Lyon
Andrea D. Lyon
No abstract provided.
The Military's Sexual Assault Blind Spot,
2015
Florida International University College of Law
The Military's Sexual Assault Blind Spot, Eric R. Carpenter
Faculty Publications
The American military is in a well-publicized struggle to address its sexual assault problem. Critics say that those in the military who run the military justice system have a bias against the victims in these cases, where that bias is likely related to some form of sexism.
This article explores that problem and offers a social psychology explanation that supports the critics' position. This article explains the cognitive process that people use to solve these legal problems and then highlights a serious flaw in that process – the use of inaccurate rape schemas. This article focuses on two potential groups …
Lethal Injections: States Medicalize Execution,
2015
Emory School of Medicine & Emory University Hospital
Lethal Injections: States Medicalize Execution, Joel B. Zivot
University of Richmond Law Review
No abstract provided.
The Executioner's Dilemmas,
2015
University of Nebraska College of Law
The Executioner's Dilemmas, Eric Berger
University of Richmond Law Review
No abstract provided.
Criminal Inflictions Of Emotional Distress,
2015
Florida State University College of Law
Criminal Inflictions Of Emotional Distress, Avlana Eisenberg
Scholarly Publications
This Article identifies and critiques a trend to criminalize the infliction of emotional harm independent of any physical injury or threat. The Article defines a new category of criminal infliction of emotional distress (“CIED”) statutes, which include laws designed to combat behaviors such as harassing, stalking, and bullying. In contrast to tort liability for emotional harm, which is cabined by statutes and the common law, CIED statutes allow states to regulate and punish the infliction of emotional harm in an increasingly expansive way.
In assessing harm and devising punishment, the law has always taken nonphysical harm seriously, but traditionally it …
Criminal Asset Forfeiture And The Sixth Amendment After "Southern Union" And "Alleyne:" State-Level Ramifications,
2015
Vanderbilt University Law School
Criminal Asset Forfeiture And The Sixth Amendment After "Southern Union" And "Alleyne:" State-Level Ramifications, Brynn Applebaum
Vanderbilt Law Review
The Founding Fathers thought the jury-trial right was so fundamental to our system of justice that they included it in the Sixth Amendment of the United States Constitution. The right to trial by jury serves to protect criminal defendants against government overreaching by ensuring that they will be judged by their fellow citizens.' And as a whole, our system of justice and our citizenry have remained committed to the jury trial. But since the Founding, the Supreme Court has narrowed the application of the Sixth Amendment's guaranty.
Two decades ago, the Supreme Court decided in Libretti v. United States that …
Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power,
2015
Washington and Lee University School of Law
Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power, Haley White
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty,
2015
Southern Center for Human Rights
The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright
University of Richmond Law Review
No abstract provided.
Witnessing Executions,
2015
Richmond-Times Dispatch
Witnessing Executions, Frank Green
University of Richmond Law Review
No abstract provided.
The Politics Of Botched Executions,
2015
University of Richmond School of Law
The Politics Of Botched Executions, Corinna Barrett Lain
University of Richmond Law Review
No abstract provided.
Has The "Machinery Of Death" Become A Clunker?,
2015
University of Notre Dame
Has The "Machinery Of Death" Become A Clunker?, Stephen F. Smith
University of Richmond Law Review
No abstract provided.
Interrogation Policies,
2015
University of Virginia School of Law
Interrogation Policies, Brandon L. Garrett
University of Richmond Law Review
No abstract provided.
Death As A Bargaining Chip: Plea Bargaining And The Future Of Virginia's Death Penalty,
2015
University of Richmond School of Law
Death As A Bargaining Chip: Plea Bargaining And The Future Of Virginia's Death Penalty, John G. Douglass
University of Richmond Law Review
No abstract provided.
Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial,
2015
Director of Institute for Actual Innocence
Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, Mary Kelly Tate
University of Richmond Law Review
No abstract provided.
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility,
2015
University of Richmond School of Law
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid
University of Richmond Law Review
No abstract provided.
A Battle Of The Amendments: Why Ending Discrimination In The Courtroom May Inhibit A Criminal Defendant’S Right To An Impartial Jury,
2015
Fordham University School of Law
A Battle Of The Amendments: Why Ending Discrimination In The Courtroom May Inhibit A Criminal Defendant’S Right To An Impartial Jury, Gina M. Chiappetta
Fordham Law Review
Since the U.S. Supreme Court began limiting the exercise of peremptory challenges to safeguard potential jurors from discrimination, it has faced a nearly impossible task. The Court has attempted to safeguard a juror’s equal protection rights without eradicating the peremptory challenge’s ability to preserve a criminal defendant’s right to an impartial jury. Under the current legal framework, it is not certain whether either constitutional right is adequately protected. This Note examines the history of the Supreme Court’s limitation on peremptory challenges. It then discusses the current federal circuit split over whether peremptory challenges should be further limited. Finally, this Note …
