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Articles 1681 - 1710 of 2536
Full-Text Articles in Entire DC Network
Robert C. Byrd And The Fourth Circuit Court Of Appeals: An Addendum Respecting Judge Robert Bruce King, M. Blane Michael
Robert C. Byrd And The Fourth Circuit Court Of Appeals: An Addendum Respecting Judge Robert Bruce King, M. Blane Michael
West Virginia Law Review
No abstract provided.
Why Health Courts Are Unconstitutional, Amy Widman
Why Health Courts Are Unconstitutional, Amy Widman
Pace Law Review
No abstract provided.
American Military Justice And International Criminal Court Complementarity: The Case Of Ucmj Article 60, Allen J. Dickerson
American Military Justice And International Criminal Court Complementarity: The Case Of Ucmj Article 60, Allen J. Dickerson
ExpressO
Although the American military is effectively one of the most potent of international institutions, discussions of its regulation have been oddly domestic. The court-martial – the single most important institution for disciplining military forces, preventing atrocities and punishing offenders – has seen its jurisdiction and procedures hotly debated, but most often by those in uniform or individuals interested in domestic military policy. This paper aims to internationalize the discussion, recognizing that the discipline of American military forces is of major concern to both international law and U.S. foreign policy. By exploring the interaction between a major innovation in international law …
Establishing A Precedent In Uganda: The Legitimacy Of National Amnesties Under The Icc, Robin B. Murphy
Establishing A Precedent In Uganda: The Legitimacy Of National Amnesties Under The Icc, Robin B. Murphy
ExpressO
After 14 years of unconscionable wrath against local civilians, including enforced recruitment of thousands of child soldiers, the rebel group The Lord’s Resistance Army (“LRA”) was offered amnesty by the Ugandan government in 2000. However, as the conflict continued unabated, the Ugandan government, for the first time in the history of the Court, referred its case to the International Criminal Court (“ICC”). The ICC Prosecutor announced the beginning of an investigation and issued warrants for seven top LRA officers in October of 2005. The potential ICC prosecution raises many questions about the jurisdiction of the new court, including whether the …
The Military Commissions Act, Coerced Confessions, And The Role Of The Courts, Peter Margulies
The Military Commissions Act, Coerced Confessions, And The Role Of The Courts, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The “Csi Effect”: Better Jurors Through Television And Science?, Michael D. Mann
The “Csi Effect”: Better Jurors Through Television And Science?, Michael D. Mann
ExpressO
This Comment discusses how television shows such as CSI and Law & Order create heightened juror expectations. This will be published in the Buffalo Public Interest Law Journal's 2005-2006 issue.
Conflicts Between The Massachusetts Supreme Judicial Court And The Legislature: Campaign Finance Reform And Same-Sex Marriage, Mark C. Miller
Conflicts Between The Massachusetts Supreme Judicial Court And The Legislature: Campaign Finance Reform And Same-Sex Marriage, Mark C. Miller
The University of New Hampshire Law Review
[Excerpt] "This article will examine recent interactions and dialogues between the Supreme Judicial Court of Massachusetts (“SJC” or “Supreme Judicial Court”) and the Massachusetts State Legislature. The interactions between courts and legislatures are often cordial, but sometimes these interactions are also highly conflictual. During the 1980s and 1990s, the relationship between the Massachusetts legislature and the Supreme Court was indeed mainly cooperative. Recently, however, in several high profile cases the Supreme Court has been willing to challenge directly the decisions of the legislature and vice versa. Among other controversies, the Court’s 2002 decision requiring that the state legislature fund the …
The Decision Maker Matters: An Empirical Examination Of The Way The Role Of The Judge And The Jury Influence Death Penalty Decision-Making, William J. Bowers, Wanda D. Foglia, Jean E. Giles, Michael E. Antonio
The Decision Maker Matters: An Empirical Examination Of The Way The Role Of The Judge And The Jury Influence Death Penalty Decision-Making, William J. Bowers, Wanda D. Foglia, Jean E. Giles, Michael E. Antonio
Washington and Lee Law Review
No abstract provided.
International Law And Rehnquist-Era Reversals, Diane Marie Amann
International Law And Rehnquist-Era Reversals, Diane Marie Amann
Scholarly Works
In the last years of Chief Justice Rehnquist's tenure, the Supreme Court held that due process bars criminal prosecution of same-sex intimacy and that it is cruel and unusual to execute mentally retarded persons or juveniles. Each of the later decisions not only overruled precedents set earlier in Rehnquist's tenure, but also consulted international law as an aid to construing the U.S. Constitution. Analyzing that phenomenon, the article first discusses the underlying cases, then traces the role that international law played in Atkins, Lawrence, and Simmons. It next examines backlash to consultation, and demonstrates that critics tended to overlook the …
Congress, The Federal Courts, And Forum Non Conveniens: Friction On The Frontier Of The Inherent Power, Elizabeth T. Lear
Congress, The Federal Courts, And Forum Non Conveniens: Friction On The Frontier Of The Inherent Power, Elizabeth T. Lear
UF Law Faculty Publications
The federal forum non conveniens regime has many flaws; its most serious, however, is its lack of constitutional support. Founded upon the inherent authority of Article III, the forum non conveniens doctrine is an outlier, residing in the area over which Congress retains plenary control. The Court has long treated the forum non conveniens dismissal power as the norm against which Congress legislates. This Article argues that the time has come to reconsider this interpretive approach. In the case of peripheral inherent power rules like forum non conveniens, the prevailing presumption should be reversed. The Court, rather than Congress, should …
Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson
Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson
University of Richmond Law Review
No abstract provided.
Eyewitness Identification, Democratic Deliberation, And The Politics Of Science, Andrew E. Taslitz
Eyewitness Identification, Democratic Deliberation, And The Politics Of Science, Andrew E. Taslitz
Cardozo Public Law, Policy & Ethics Journal
The article examines the intersection of social science and legal policy in eyewitness identification, focusing on the role of prosecutors and the American Bar Association (ABA) Eyewitness Resolution. It argues that while social science provides critical insights to improve identification accuracy, the translation of these insights into legal policy involves normative judgments that balance competing values, such as protecting the innocent and ensuring public safety. The author critiques the limitations of internal deliberative processes within law enforcement and prosecutorial offices, advocating for more transparent and inclusive deliberative structures to address systemic errors and promote justice.
The Judgment-Proof Society, Stephen G. Gilles
The Judgment-Proof Society, Stephen G. Gilles
Washington and Lee Law Review
No abstract provided.
Fixing The Constable's Blunder: Can One Trial Judge In One County In One State Nudge A Nation Beyond The Exclusionary Rule?, H. Mitchell Caldwell
Fixing The Constable's Blunder: Can One Trial Judge In One County In One State Nudge A Nation Beyond The Exclusionary Rule?, H. Mitchell Caldwell
BYU Law Review
No abstract provided.
John Paul Stevens, Human Rights Judge, Diane Marie Amann
John Paul Stevens, Human Rights Judge, Diane Marie Amann
Scholarly Works
This article explores the nature and origins of Supreme Court Justice John Paul Stevens' engagement with international and foreign law and norms. It first discusses Stevens' pivotal role in the revived use of such norms to aid constitutional interpretation, as well as 1990s opinions testing the extent to which constitutional protections reach beyond the water's edge and 2004 opinions on post-September 11 detention. It then turns to mid-century experiences that appear to have contributed to Stevens' willingness to consult foreign context. The article reveals that as a code breaker Stevens played a role in the downing of the Japanese general …
Toward A New Public Access Doctrine, Raleigh Hannah Levine
Toward A New Public Access Doctrine, Raleigh Hannah Levine
Cardozo Law Review
No abstract provided.
Transitional Justice: Postwar Legacies, Ruti Teitel
Transitional Justice: Postwar Legacies, Ruti Teitel
Cardozo Law Review
No abstract provided.
Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum
Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum
Rutgers Law School (Newark) Faculty Papers
Constitutional law grows more complex over time. The complexity is due, in large part, to the rule of stare decisis. When faced with precedents that it does not wish to follow, the Court usually distinguishes the case before it. Thus, the constitutional landscape is littered with cases that do not fit well together. Navigating past these shoals is often difficult for courts following the Supreme Court’s lead. One example is the law governing instructions that a trial judge can give a deadlocked jury in a criminal case. The right to a jury trial entails the right to have the jury …
The U.S. And The International Criminal Court (Icc), Paul R. Rickert
The U.S. And The International Criminal Court (Icc), Paul R. Rickert
Faculty Publications and Presentations
This paper is a discussion of the notable issues the U.S. points out regarding the Rome Treaty, the treaty establishing the International Criminal Court.
Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy
Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy
Faculty Articles and Other Publications
Access to the judicial system, a fundamental right that has paramount importance in our society, can often present obstacles to people with disabilities in a variety of significant ways. Yet Title II mandates that state and local judicial facilities be accessible to individuals with disabilities. Recent shifts in paradigmatic approaches to special populations such as drug offenders and offenders with mental disabilities have lead to the creation of mental health courts specifically designed to address the needs of the persons with mental disabilities in order to avoid incarceration. Early outcomes in states like Ohio suggest mental health courts may better …
What Does A "Juvenile Adjudication" Mean In Minnesota? Some New Answers After A Century Of Change In Juvenile Court, John M. Stuart, Amy K. R. Zaske
What Does A "Juvenile Adjudication" Mean In Minnesota? Some New Answers After A Century Of Change In Juvenile Court, John M. Stuart, Amy K. R. Zaske
William Mitchell Law Review
No abstract provided.
Introducing The Construct Of The Jury Into Family Violence Proceedings And Family Court Jurisprudence, Melissa L. Breger
Introducing The Construct Of The Jury Into Family Violence Proceedings And Family Court Jurisprudence, Melissa L. Breger
Michigan Journal of Gender & Law
This Article draws upon both the theory of and research on procedural justice holding that litigants often focus on the appearance of fairness rather than on the actual outcome. Thus, when litigants are able to choose the modality of fact-finding, they may be more accepting of the legal process, even if the outcome is not favorable to them. Allowing the option of a jury, even if not exercised, may dramatically improve the perceptions of litigants and may affect the legitimacy and longevity of case outcomes.
Manson V. Brathwaite: The Supreme Court's Misunderstanding Of Eyewitness Identification, 39 J. Marshall L. Rev. 539 (2006), Ruth Yacona
UIC Law Review
No abstract provided.
Adjudicated On The Merits?: Why The Aedpa Requires State Courts To Exhibit Their Reasoning, 39 J. Marshall L. Rev. 995 (2006), Ezra Spilke
UIC Law Review
No abstract provided.
Dostoyevsky And The Therapeutic Jurisprudence Confession, 40 J. Marshall L. Rev. 41 (2006), Amy D. Ronner
Dostoyevsky And The Therapeutic Jurisprudence Confession, 40 J. Marshall L. Rev. 41 (2006), Amy D. Ronner
UIC Law Review
No abstract provided.
Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys
Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys
UIC Law Review
No abstract provided.
Revisiting Anna Moscowitz's Kross's Critique Of New York City's Women's Court: The Continued Problem Of Solving The "Problem" Of Prostitution With Specialized Criminal Courts, Mae C. Quinn
Journal Articles
No abstract provided.
Goodbye To Affidavits - Improving The Federal Affidavit Substitute Statute, Ira Shiflett
Goodbye To Affidavits - Improving The Federal Affidavit Substitute Statute, Ira Shiflett
Cleveland State Law Review
Thirty years ago, Congress recognized that the costs of notarization generally outweighed the benefits. In 1976, Congress enacted 28 U.S.C. § 1746, intending to limit the circumstances in which a notary would be required. Section 1746 provides that whenever a document is required to be supported by a notarized statement other than a deposition, an oath of office, or an oath required to be taken before an official other than a notary, a declaration under penalty of perjury is a sufficient substitute. Congress recognized that it could be inconvenient to find a notary, especially on the weekends or for people …
Convicting The Innocent: Aberration Or Systemic Problem?, Rodney J. Uphoff
Convicting The Innocent: Aberration Or Systemic Problem?, Rodney J. Uphoff
Faculty Publications
In practice, the right to adequate defense counsel in the United States is disturbingly unequal. Only some American criminal defendants actually receive the effective assistance of counsel. Although some indigent defendants are afforded zealous, effective representation, many indigent defendants and almost all of the working poor are not. The quality of representation a defendant receives generally is a product of fortuity, of economic status, and of the jurisdiction in which he or she is charged. For many defendants, the assistance of counsel means little more than counsel's help in facilitating a guilty plea. With luck, money, and location primarily determining …
Introduction: The Hundred-Year Run Of Roscoe Pound, Randall T. Shepard
Introduction: The Hundred-Year Run Of Roscoe Pound, Randall T. Shepard
Indiana Law Journal
Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.