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Articles 1201 - 1230 of 2537
Full-Text Articles in Entire DC Network
Sotomayor's Empathy Moves The Court A Step Closer To Equitable Adjudication, Veronica Couzo
Sotomayor's Empathy Moves The Court A Step Closer To Equitable Adjudication, Veronica Couzo
Notre Dame Law Review
On August 6, 2009, then-Judge, now-Justice, Sonia Sotomayor was confirmed as the nation’s first Latina Supreme Court Justice. While many Latinos embraced the idea of having “Sonia from the Bronx” on the bench, others were fearful that her jurisprudence, combined with her background, would result in “reverse racism.” These fears, while arguably unfounded at the time, have been completely dispelled. Just as Justice Thurgood Marshall transformed the adjudications of the Supreme Court through experiential discourse, so too, to a lesser extent, has Justice Sotomayor. In both oral arguments and written opinions, Justice Sonia Sotomayor has demonstrated educative leadership—enlightening her colleagues …
A Comment On "No Comment": The Sub Judice Rule And The Accountability Of Public Officials Inthe 21st Century, Lorne Sossin, Valerie Crystal
A Comment On "No Comment": The Sub Judice Rule And The Accountability Of Public Officials Inthe 21st Century, Lorne Sossin, Valerie Crystal
Dalhousie Law Journal
The sub judice rule is a rule of court, a statutory rule, a Parliamentary convention and a practice that has developed in the interaction between media and public officials. At its most basic, the sub judice rule prohibits the publication of statements which may prejudice court proceedings. This study examines the nature, rationale and scope ofthe sub judice rule. The authors provide an account of the current state of the rule, and highlight areas where more clarity would be desirable. The authors propose a more coherent approach to the sub jud ice rule, more clearly rooted in the concern over …
Frivolous Motions And Abuses Of Process At The Ad Hoc International Criminal Tribunals, Devon Whittle
Frivolous Motions And Abuses Of Process At The Ad Hoc International Criminal Tribunals, Devon Whittle
Cardozo Journal of International and Comparative Law
The article examines the application of rules sanctioning frivolous or abusive motions at the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). While these rules are essential to prevent abuse of process, their application lacks consistency and clarity, leading to concerns about bias and undermining the principle of equality of arms. The article argues that developing a standardized framework for applying these rules would enhance fairness, reduce allegations of prejudice, and provide clearer guidance for counsel.
Treating Juveniles Like Juveniles: Getting Rid Of Transfer And Expanded Adult Court Jurisdiction, Christopher Slobogin
Treating Juveniles Like Juveniles: Getting Rid Of Transfer And Expanded Adult Court Jurisdiction, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The number of juveniles transferred to adult court has skyrocketed in the past two decades and has only recently begun to level off. This symposium article argues that, because it wastes resources, damages juveniles, and decreases public safety, transfer should be abolished. It also argues that the diminished culpability rationale that has had much-deserved success at eliminating the juvenile death penalty and mandatory life without parole for juveniles is not likely to have a major impact on the much more prevalent practices of transferring mid- and older-adolescents to adult court and expanding adult court jurisdiction to adolescents; neither the law …
Retroactivity And Crack Sentencing Reform, Harold J. Krent
Retroactivity And Crack Sentencing Reform, Harold J. Krent
University of Michigan Journal of Law Reform
This Article argues that the strong presumption against retroactive application of reduced punishments articulated in the Supreme Court’s recent decision, Dorsey v. United States, is neither historically grounded nor constitutionally compelled. Although not dispositive in Dorsey, the presumption may mislead legislatures in future contexts, whether addressing marijuana decriminalization or lessened punishment for file sharing, and in no way should signal to Congress that future changes should apply prospectively only. Although the Court reached the right result in applying the reduction in punishment for crack offenses to offenders whose sentences had not been finalized, the Court relied excessively on the general …
Banished For Life: Deportation Of Juvenile Offenders As Cruel And Unusual Punishment, Beth Caldwell
Banished For Life: Deportation Of Juvenile Offenders As Cruel And Unusual Punishment, Beth Caldwell
Cardozo Law Review
No abstract provided.
A Model For Fixing Identification Evidence After Perry V. New Hampshire, Robert Couch
A Model For Fixing Identification Evidence After Perry V. New Hampshire, Robert Couch
Michigan Law Review
Mistaken eyewitness identifications are the leading cause of wrongful convictions. In 1977, a time when the problems with eyewitness identifications had been acknowledged but were not yet completely understood, the Supreme Court announced a test designed to exclude unreliable eyewitness evidence. This standard has proven inadequate to protect against mistaken identifications. Despite voluminous scientific studies on the failings of eyewitness identification evidence and the growing number of DNA exonerations, the Supreme Court's outdated reliability test remains in place today. In 2012, in Perry v. New Hampshire, the Supreme Court commented on its standard for evaluating eyewitness evidence for the first …
Plea Bargaining And The Right To Counsel At Bail Hearings, Charlie Gerstein
Plea Bargaining And The Right To Counsel At Bail Hearings, Charlie Gerstein
Michigan Law Review
A couple million indigent defendants in this country face bail hearings each year and most of them do so without court-appointed lawyers. In two recent companion cases, Lafler v. Cooper and Missouri v. Frye, the Supreme Court held that the loss of a favorable plea bargain can satisfy the prejudice prong of an ineffective assistance of counsel claim. If the Constitution requires effective assistance of counsel to protect plea bargains, it requires the presence of counsel at proceedings that have the capacity to prejudice those bargains. Pretrial detention has the capacity to prejudice a plea bargain because a defendant held …
Earl Warren, The Warren Court And Civil Liberties , Steven J. Simmons
Earl Warren, The Warren Court And Civil Liberties , Steven J. Simmons
Pepperdine Law Review
No abstract provided.
The Equal Rights Amendment And The Courts, Mary C. Dunlap
The Equal Rights Amendment And The Courts, Mary C. Dunlap
Pepperdine Law Review
No abstract provided.
A Study Of Juvenile Record Sealing Practices In California , Leonard Edwards, Inger J. Sagatun
A Study Of Juvenile Record Sealing Practices In California , Leonard Edwards, Inger J. Sagatun
Pepperdine Law Review
No abstract provided.
Juvenile Justice In Transition , Julian C. Dixon
Juvenile Justice In Transition , Julian C. Dixon
Pepperdine Law Review
No abstract provided.
To Impeach Or Not To Impeach: The Stability Of Juror Verdicts In Federal Courts, Paul Jeffrey Wallin
To Impeach Or Not To Impeach: The Stability Of Juror Verdicts In Federal Courts, Paul Jeffrey Wallin
Pepperdine Law Review
No abstract provided.
The Differential Detention/Jailing Of Juveniles: A Comparison Of Detention And Non-Detention Courts, John H. Kramer, Darrell J. Steffensmeier
The Differential Detention/Jailing Of Juveniles: A Comparison Of Detention And Non-Detention Courts, John H. Kramer, Darrell J. Steffensmeier
Pepperdine Law Review
No abstract provided.
Stay No Longer: California Juvenile Court Sentencing Practices, Sharon O. Lightholder
Stay No Longer: California Juvenile Court Sentencing Practices, Sharon O. Lightholder
Pepperdine Law Review
No abstract provided.
Here's Looking At You, Kid: Prosecutors In The Juvenile Court Process, David Keith Hicks
Here's Looking At You, Kid: Prosecutors In The Juvenile Court Process, David Keith Hicks
Pepperdine Law Review
No abstract provided.
Criminals Without Crime: The Dilemma Of The Status Offender, Lawrence N. Blum
Criminals Without Crime: The Dilemma Of The Status Offender, Lawrence N. Blum
Pepperdine Law Review
No abstract provided.
Introduction: The Role Of The Juvenile Court - Social Or Legal Institution?, Enrique H. Pena
Introduction: The Role Of The Juvenile Court - Social Or Legal Institution?, Enrique H. Pena
Pepperdine Law Review
No abstract provided.
Chief Justice Warren's Neglected Accomplishments In Federal Judicial Administration , James A. Gazell
Chief Justice Warren's Neglected Accomplishments In Federal Judicial Administration , James A. Gazell
Pepperdine Law Review
No abstract provided.
Supreme Court Institute Annual Report, 2012-2013, Georgetown University Law Center, Supreme Court Institute
Supreme Court Institute Annual Report, 2012-2013, Georgetown University Law Center, Supreme Court Institute
SCI Papers & Reports
During the 2012-2013 academic year–corresponding to the U.S. Supreme Court’s October Term (OT) 2012–the Supreme Court Institute (SCI) provided moot courts for advocates in 100% of the cases heard by the Court this Term, offered a variety of programs related to the Supreme Court, and hosted several delegations of foreign visitors. A list of all SCI moot courts held in OT 2012–arranged by argument sitting and date of moot and including the name and affiliation of each advocate and the number of student observers–follows the narrative portion of this report.
To Conform Or Not To Conform: An Examination Of The Effects Of Mock Jury Deliberation On Individual Jurors, Ashley S. Bowser
To Conform Or Not To Conform: An Examination Of The Effects Of Mock Jury Deliberation On Individual Jurors, Ashley S. Bowser
Electronic Theses and Dissertations
The jury method is a unique social setting in the Criminal Justice system that provides opportunity for social influence to occur. Questions about the formation of jurors’ individual and collective decisions have stimulated a great deal of interest and research. This study is a review of the juror decision-making process and the various sources of influence that can affect it. Mock jurors were asked to review a mock criminal trial as well as the testimony of 2 witnesses. Upon reviewing the case, a predeliberation verdict (guilty or not guilty) and the degree of certainty of that decision was made. Once …
The Many Faces Of High-Volume Administrative Adjudication: Structure, Organization, And Management, Daniel L. Skoler
The Many Faces Of High-Volume Administrative Adjudication: Structure, Organization, And Management, Daniel L. Skoler
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law: Working Together For Professionalization - Administrative Law Judges, The Judiciary, And The Community , Elizabeth B. Lacy
Administrative Law: Working Together For Professionalization - Administrative Law Judges, The Judiciary, And The Community , Elizabeth B. Lacy
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Security In Administrative Hearings, Lea Anne Burnett
Security In Administrative Hearings, Lea Anne Burnett
Journal of the National Association of Administrative Law Judiciary
This article explores security in administrative hearings throughout the United States, as well as issues that affect it. To that end, a survey was circulated among members of the National Association of Administrative Law Judges (NAALJ) and their colleagues in September 2005 to gauge the level of security devoted to administrative hearings nationwide, as well as the level of perceived or actual risk to safety. Additionally, this article offers suggestions and resources to agencies to address security concerns in hearings. Furthermore, it identifies and discusses pertinent case law and other materials helpful in formulating agency policy regarding the adoption of …
Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson
Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel
The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel
Michigan Journal of Race and Law
Native American Indians charged in tribal court criminal proceedings are not entitled to court appointed defense counsel. Under well-settled principles of tribal sovereignty, Indian tribes are not bound by Fifth Amendment due process guarantees or Sixth Amendment right to counsel. Instead, they are bound by the procedural protections established by Congress in the Indian Civil Rights Act of 1968. Under the Indian Civil Rights Act (ICRA), Indian defendants have the right to counsel at their own expense. This Article excavates the historical background of the lack of counsel in the tribal court arena and exposes the myriad problems that it …
What The Sentencing Commission Ought To Be Doing Reducing Mass Incarceration, Lynn Adelman
What The Sentencing Commission Ought To Be Doing Reducing Mass Incarceration, Lynn Adelman
Michigan Journal of Race and Law
Beginning in the 1970s, the United States embarked on a shift in its penal policies, tripling the percentage of convicted felons sentenced to confinement and doubling the length of their sentences. This shift included a dramatic increase in the prosecution and incarceration of drug offenders. As a result of its move toward long prison sentences, the United States now incarcerates so many people that it has become an outlier; this is not just among developed democracies, but among all nations, including highly punitive states such as Russia and South Africa, and also in comparison to the United States' own long-standing …
Prosecuting Those Bearing Greatest Responsibility: The Lessons Of The Special Court For Sierra Leone, Charles C. Jalloh
Prosecuting Those Bearing Greatest Responsibility: The Lessons Of The Special Court For Sierra Leone, Charles C. Jalloh
Articles
This Article examines the controversial article 1(1) of the Statute of the Special Court for Sierra Leone (SCSL) giving that tribunal the competence "to prosecute those who bear the greatest responsibility" for serious international and domestic crimes committed during the latter part of the notoriously brutal Sierra Leonean conflict. The debate that arose during the SCSL trials was whether this bare statement constituted a jurisdictional requirement that the prosecution must prove beyond a reasonable doubt or merely a type of guideline for the exercise of prosecutorial discretion. The judges of the court split on the issue. This paper is the …
The Collision Of Law And Science: American Court Responses To Developments In Forensic Science, Sarah Lucy Cooper
The Collision Of Law And Science: American Court Responses To Developments In Forensic Science, Sarah Lucy Cooper
Pace Law Review
This paper considers how American courts have responded to developments in forensic science by focusing on four popular forensic science disciplines: (1) fingerprint identification (friction ridge analysis); (2) firearms identification (tool-mark analysis); (3) bite mark identification (forensic odontology); and (4) arson investigation (fire science). Part I briefly explores the relationship between law and science. Part II charts the development of the legal frameworks that govern the admissibility of expert evidence in America. Part III discusses the identification methods employed by these four disciplines and provides examples of erroneous identifications. Part IV comments on the NAS Report findings that relate to …
Thinking Outside The Bars: Examining All The Options In Sentencing, Lindsay Lasalle, Courtney Bryan, Larry Spottsville, Charles E. Auslander Iii
Thinking Outside The Bars: Examining All The Options In Sentencing, Lindsay Lasalle, Courtney Bryan, Larry Spottsville, Charles E. Auslander Iii
Working in the Public Interest Conferences
Covers the rationale behind the growing use of alternative court programs in the United States and the common methods applied in these programs.