Digital Commons Network^™

No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton

UIC Law Review

No abstract provided.

Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler

UIC Law Review

No abstract provided.

Race-Based Jury Nullification: Surrebuttal, 30 J. Marshall L. Rev. 933 (1997), Paul D. Butler

UIC Law Review

No abstract provided.

The Politics Of Establishing An International Criminal Court, Michael P. Scharf

Faculty Publications

Any substantive evaluation of the plan for an international criminal court requires first an understanding of the political currents that underlie the competing proposals. This piece briefly explores the politics of creating a permanent international criminal court. In particular, this comment examines three related issues: (1) the need for an international criminal court, (2) the political obstacles involved in creating such an institution, and (3) the prospects for success in light of these obstacles.

Things Judges Do: State Statutory Interpretation, Judith S. Kaye

Touro Law Review

No abstract provided.

Right To Trial By Jury, Court Of Appeals People V. Knowles

Touro Law Review

No abstract provided.

Right To Counsel, Supreme Court, Appellate Division Second Department, People V. Taylor

Touro Law Review

No abstract provided.

Self-Incrimination, Supreme Court, Appellate Division Second Department People V. Hendricks

Touro Law Review

No abstract provided.

Choosing Federal Judges In The Second Clinton Administration, Carl W. Tobias

Law Faculty Publications

One of the critical responsibilities that the Constitution entrusts to the President of the United States is the appointment of federal judges. The Chief Executive nominates, and with the advice and consent of the Senate, appoints these officials who enjoy lifetime tenure and must resolve disputes implicating the basic freedoms of America's citizens. President Clinton's careful discharge of this crucial duty may well have yielded the foremost success of his first term in office. When then-Governor Clinton campaigned for the presidency in 1992, he promised to name intelligent judges who possess balanced judicial temperament and evince a commitment to protecting …

When Democracy Is Not Self-Government: Toward A Defense Of The Unanimity Rule For Criminal Juries, Richard A. Primus

Cardozo Law Review

In 1972, the Supreme Court sanctioned a departure from a long tradition of common law jury procedure by announcing that criminal juries in state courts need not achieve unanimity to convict. The issue remains contentious. On its face, whether or not unanimity should be required in jury verdicts is a procedural question. In reality, of course, the question implicates substantive policy issues as well. Concerns about jury decision rules are linked, as many procedural questions are, to concerns about the results that the procedures in question will yield. For example, a system that allowed non-unanimous verdicts would probably have a …

Passion's Progress: Modern Law Reform And The Provocation Defense, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

Based on a systematic study of fifteen years of passion murder cases, this article concludes that reform challenges our conventional ideas of a "crime of passion" and, in the process, leads to a murder law that is both illiberal and often perverse. If life tells us that crimes of passion are the stuff of sordid affairs and bedside confrontations, reform tells us that the law's passion may be something quite different. A significant number of the reform cases the author has studied involve no sexual infidelity whatsoever, but only the desire of the killer's victim to leave a miserable relationship. …

Why Congress Should Not Split The Ninth Circuit, Carl W. Tobias

Law Faculty Publications

During the first session of the 104th Congress, the United States Senate Judiciary Committee approved Senate Bill 956, a proposal to split the United States Court of Appeals for the Ninth Circuit. The measure would have established a new Twelfth Circuit consisting of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington and would have left California, Hawaii, Guam, and the Northern Mariana Islands in the Ninth Circuit. This vote may appear insignificant; however, it could actually have had enormous consequences.

Congress has divided appeals courts only twice since creating the modem appellate system in 1891. Neither House of Congress had …

Recent Developments, An Appeal By Any Other Name: Congress's Empty Victory Over Habeas Rights--Felker V. Turpin, 116 S. Ct. 2333 (1996), Scott Moss

Publications

No abstract provided.

The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno

Faculty Publications

No abstract provided.

[1996 Developments Concerning] International Courts And Tribunals, Roger P. Alford, Keith Highet, Peter H.F. Bekker

Journal Articles

The most significant developments in 1996 regarding international courts and tribunals are reviewed herein, particularly events relating to the International Court of Justice, the European Court of Justice, and the proposed Permanent International Criminal Court. Other significant developments relating to the International Criminal Court for the Former Yugoslavia, the International Criminal Court for Rwanda, and the World Trade Organization are detailed in other reports in this issue.

Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Police Discretion And The Quality Of Life In Public Places: Courts, Communities, And The New Policing, Debra A. Livingston

Faculty Scholarship

The advent of community and problem-oriented policing – the so-called "quality-of-life" policing philosophies – raises complex questions concerning police discretion in addressing minor street misconduct and judicial response to that discretion. In this Article, Debra Livingston addresses these questions by reassessing the ways in which courts have employed the facial vagueness doctrine to limit police discretion in the performance of "order maintenance" tasks. Livingston contends that aggressive employment of the facial vagueness doctrine is an inadequate mechanism for limiting police discretion and at the same time could impair positive change in the direction of community and problem-oriented policing. As an …

The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso

Faculty Scholarship

The legal response to juvenile crime is undergoing revolutionary change, and its ultimate shape is uncertain. The traditional juvenile court, grounded in optimism about the potential for rehabilitation of young offenders, has long been the target of criticism, and even its defenders have been forced to acknowledge that it has failed to meet its objectives. Beginning in the late 1960s, when the Supreme Court introduced procedural regularity to delinquency proceedings in In re Gault, courts and legislatures began to slowly chip away at the foundations of the juvenile justice system. Recent developments have accelerated and intensified that process, as …

Transcript For The Future Of The Federal Courts, William H. Rehnquist, Sarah Evans Barker, Edward R. Becker, Claudio Grossman, Stephen Reinhardt, Ira P. Robbins

American University Law Review

No abstract provided.

Outlaw Judiciary: On Lies, Secrets, And Silence: The Florida Supreme Court Deals With Death Row Claims Of Actual Innocence, Michael Mello

City University of New York Law Review

No abstract provided.

Federal Court Long Range Planning: Fine Lines And Tightropes, Sarah Evans Barker

Indiana Law Journal

Symposium: The Indiana Law Journal Forum on the Long Range Plan for the Federal Courts

Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King

Michigan Law Review

This article examines two aspects of the jury system that have attracted far less attention from scholars than from the popular press: avoidance of jury duty by some citizens, and misconduct while serving by others. Contemporary reports of juror shortages and jury dodging portray a system in crisis. Coverage of recent high-profile cases suggests that misconduct by jurors who do serve is common. In the trial of Damian Williams and Henry Watson for the beating of Reginald Denny, a juror was kicked off for failing to deliberate; Exxon, Charles Keating, and the man accused of murdering Michael Jordan's father all …

The Future Of The Post-Batson Peremptory Challenge: Voir Dire By Questionnaire And The "Blind" Peremptory, Jean Montoya

University of Michigan Journal of Law Reform

This Article examines the peremptory challenge as modified by Batson and its progeny. The discussion is based in part on a survey of trial lawyers, asking them about their impressions of the peremptory challenge, Batson, and jury selection generally. The Article concludes that neither the peremptory challenge nor Batson achieve their full potential. Primarily because of time and other constraints on voir dire, the peremptory challenge falls short as a tool in shaping fair and impartial juries. While Batson may prevent some unlawful discrimination in jury selection, Batson falls short as a tool in identifying unlawful discrimination once it …

Stratified Juror Selection: Cross-Section By Design, Nancy J. King, G. Thomas Munsterman

Vanderbilt Law School Faculty Publications

Of the various selection methods that contribute to the underrepresentation of members of racial and ethnic minority groups on juries, peremptory challenges have attracted the most attention in recent years. Yet gains in diversity from regulating, or even eliminating, peremptory challenges are necessarily limited by the composition of the venire from which jurors are chosen. This article describes methods of constructing lists of veniremembers and qualified jurors used by some courts to restore the racial and ethnic diversity that is missing from the primary source lists or is eroded in the process of summoning and qualification. It also evaluates potential …

Framing The Issues For Cameras In The Courtrooms: Redefining Judicial Dignity And Decorum, A Wayne Mackay

Dalhousie Law Journal

This article examines the role of s. 2(b) of the Charter of Rights in determining the role of cameras in Canadian courtrooms. The discussions reveal that arguments in opposition to cameras are largely unfounded and in contradiction to the freedom of expression guarantee. The denial of the right is in reality based on judges' and lawyers' fear of loss of control of the courtroom environment. Cameras should only be banned from courtrooms as part of a total publication ban, and then only after a careful s. 1 analysis

Lessons From The Past: Revenge Yesterday And Today, Tamar Frankel

Faculty Scholarship

Professor Seipp's Paper transports us to the Middle Ages to discover a society that views crime and tort quite differently from the way we view these categories today. Yet our discovery of that society offers a perspective about our own. In Professor Seipp's world the victim of a wrong had a choice: demand revenge by determining how the wrongdoer would be punished, or demand monetary compensation. These two entitlements were mutually exclusive. The victim could choose either one, but to some extent, especially in earlier times, the right of revenge was considered a higher right that the victim was expected …

Volume 63

Tennessee Law Review

No abstract provided.

"What's So Magic[Al] About Black Women?" Peremptory Challenges At The Intersection Of Race And Gender, Jean Montoya

Michigan Journal of Gender & Law

This Article addresses the evolving constitutional restraints on the exercise of peremptory challenges in jury selection. Approximately ten years ago, in the landmark case of Batson v. Kentucky, the United States Supreme Court held that the Equal Protection Clause forbids prosecutors to exercise race-based peremptory challenges, at least when the excluded jurors and the defendant share the same race. Over the next ten years, the Court extended Batson's reach.

Fact-Bargaining: An American Phenomenon, William T. Pizzi

Publications

No abstract provided.