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Articles 511 - 540 of 1182
Full-Text Articles in Entire DC Network
Book Review, Samuel W. Buell
The Pragmatic Court: Reinterpreting The Supreme People’S Court Of China, Taisu Zhang
The Pragmatic Court: Reinterpreting The Supreme People’S Court Of China, Taisu Zhang
Faculty Scholarship
This Article examines the institutional motivations that underlie several major developments in the Supreme People's Court of China's recent policy-making. Since 2007, the SPC has sent off a collection of policy signals that escapes sweeping ideological labeling: it has publically embraced a populist view of legal reform by encouraging the use of mediation in dispute resolution and popular participation in judicial policy-making, while continuing to advocate legal professionalization as a long-term policy objective. It has also eagerly attempted to enhance its own institutional competence by promoting judicial efficiency, simplifying key areas of civil law, and expanding its control over lower …
Trial And Error: Learning From Patterns Of Mistakes, Brandon L. Garrett
Trial And Error: Learning From Patterns Of Mistakes, Brandon L. Garrett
Faculty Scholarship
No abstract provided.
Eyewitnesses And Exclusion, Brandon L. Garrett
Eyewitnesses And Exclusion, Brandon L. Garrett
Faculty Scholarship
The dramatic moment when an eyewitness takes the stand and points to the defendant in the courtroom can be pivotal in a criminal trial. That piece of theater, however compelling to jurors, is staged: it is obvious where the defendant is sitting, and, importantly, the memory of the eyewitness should have been tested before trial using photo arrays or lineups. Such courtroom displays have been accepted for so long that their role in the U.S. Supreme Court’s due process jurisprudence regulating eyewitness identifications has been neglected. The due process test that regulates tens of thousands of eyewitness identifications each year …
Judges And Wrongful Convictions, Brandon L. Garrett
Judges And Wrongful Convictions, Brandon L. Garrett
Faculty Scholarship
No abstract provided.
Is Now The Time For Major Federal Sentencing Reform?, Sara Sun Beale
Is Now The Time For Major Federal Sentencing Reform?, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Incriminating Thoughts, Nita A. Farahany
Incriminating Thoughts, Nita A. Farahany
Faculty Scholarship
The neuroscience revolution poses profound challenges to current selfincrimination doctrine and exposes a deep conceptual confusion at the heart of the doctrine. In Schmerber v. California, the Court held that under the Self- Incrimination Clause of the Fifth Amendment, no person shall be compelled to “prove a charge [from] his own mouth,” but a person may be compelled to provide real or physical evidence. This testimonial/physical dichotomy has failed to achieve its intended simplifying purpose. For nearly fifty years scholars and practitioners have lamented its impracticability and its inconsistency with the underlying purpose of the privilege. This Article seeks to …
Brief Of Amici Curiae, Neil Vidmar Et Al., Connecticut V. Guilbert, Neil Vidmar, Theresa A. Newman
Brief Of Amici Curiae, Neil Vidmar Et Al., Connecticut V. Guilbert, Neil Vidmar, Theresa A. Newman
Faculty Scholarship
No abstract provided.
The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar
The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar
Faculty Scholarship
No abstract provided.
A Neurological Foundation For Freedom, Nita A. Farahany
A Neurological Foundation For Freedom, Nita A. Farahany
Faculty Scholarship
No abstract provided.
The World Bank And Judicial Reform: Overcoming “Blind Spots” In The Approach To Judicial Independence, Roberto Laver
The World Bank And Judicial Reform: Overcoming “Blind Spots” In The Approach To Judicial Independence, Roberto Laver
Duke Journal of Comparative & International Law
No abstract provided.
Don’T I Know You?: The Effect Of Prior Acquaintance/Familiarity On Witness Identification, James E. Coleman Jr., Theresa A. Newman, Neil Vidmar, Elizabeth Zoeller
Don’T I Know You?: The Effect Of Prior Acquaintance/Familiarity On Witness Identification, James E. Coleman Jr., Theresa A. Newman, Neil Vidmar, Elizabeth Zoeller
Faculty Scholarship
No abstract provided.
Pleading For A Bargain: The Upcoming Debate Over Competing Standards Of Prejudice In Missouri V. Frye, Ian Hampton
Pleading For A Bargain: The Upcoming Debate Over Competing Standards Of Prejudice In Missouri V. Frye, Ian Hampton
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Alvarado Revisited: A Missing Element In Alaska’S Quest To Provide Impartial Juries For Rural Alaskans, Jeff D. May
Alvarado Revisited: A Missing Element In Alaska’S Quest To Provide Impartial Juries For Rural Alaskans, Jeff D. May
Alaska Law Review
In Alvarado v. State, the Alaska Supreme Court declared that an impartial jury is a cross section of the community and that the community where the events at issue transpired must be represented in the jury. This decision spurred changes to jury selection procedures and the creation of Criminal Rule 18, an effort to ensure defendants from remote villages are judged by a jury representative of these rural areas. The Alaska Court of Appeals recently addressed an issue of first impression regarding the application of Criminal Rule 18. In Joseph v. State, the defendant was convicted of murdering his …
Interpretive Freedom: A Necessary Component Of Article Iii Judging , Jennifer M. Bandy
Interpretive Freedom: A Necessary Component Of Article Iii Judging , Jennifer M. Bandy
Duke Law Journal
As judges have debated the best method of constitutional and statutory interpretation, scholars have begun calling for increased constraints on the methodological freedoms of Article III judges. This Note rejects such proposals on constitutional grounds. Drawing upon the jurisprudence and scholarship on inherent powers, I argue that interpretive choice is an inherent judicial power. The drafting and ratification history of Article III demonstrates that the Framers expected federal judges to interpret the law. To accomplish this task, however, judges must have some methodological approach to help them prioritize interpretive evidence. Thus, imposition of a binding interpretive methodology upon federal judges …
The Unconstitutionality Of State Regulation Of Immigration Through Criminal Law, Gabriel J. Chin, Marc L. Miller
The Unconstitutionality Of State Regulation Of Immigration Through Criminal Law, Gabriel J. Chin, Marc L. Miller
Duke Law Journal
The mirror-image theory of cooperative state enforcement of federal immigration law is a phenomenon—one of the most wildly successful legal ideas in decades. The mirror-image theory proposes that states can enact and enforce criminal immigration laws that are based on federal statutes. The theory that it is unobjectionable for a state to carry out federal policy is the basis of Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act—better known as SB 1070—and similar laws enacted in Alabama, Georgia, Indiana, and Utah. The same theory has provoked the introduction of bills in numerous other states and earlier but more narrowly …
Rights And Remedies Under The Constitution: Extraterritorial Application Of The Writ Of Habeas Corpus, Christopher S. Ford
Rights And Remedies Under The Constitution: Extraterritorial Application Of The Writ Of Habeas Corpus, Christopher S. Ford
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Corporate Criminal Liability For Homicide: A Statutory Framework, James W. Harlow
Corporate Criminal Liability For Homicide: A Statutory Framework, James W. Harlow
Duke Law Journal
Since the nineteenth century, judges, legislators, prosecutors, and academics have grappled with how best to accommodate within the criminal law corporations whose conduct causes the death of others. The result of this debate was a gradual legal evolution towards acceptance of corporate criminal liability for homicide. But, as this Note argues, the underlying legal framework for such liability is ill fitting and largely ineffective. Given the public benefit that would accrue from a clearly defined and potent liability scheme, this Note proposes a model criminal statute that would hold corporations directly liable for homicide. The proposed statute draws upon basic …
Advocacy In The Media: The Blagojevich Defense And A Reformulation Of Rule 3.6, Leigh A. Krahenbuhl
Advocacy In The Media: The Blagojevich Defense And A Reformulation Of Rule 3.6, Leigh A. Krahenbuhl
Duke Law Journal
The current ethical rule governing lawyers' interactions with the media applies equally to defense attorneys and prosecutors despite their different roles and responsibilities in the justice system. With a focus on the Blagojevich trial as an example of modern lawyers' interactions with the press, this Note argues for a separate rule governing defense lawyers' extrajudicial speech. Such a rule would recognize an interest in protecting the legitimacy of the justice system and would provide clear standards to guide defense lawyers' advocacy outside of the courtroom. This Note provides an overview of the development of the trial-publicity rules, a glimpse of …
A Comparative Analysis Of The Right To Appeal, Peter D. Marshall
A Comparative Analysis Of The Right To Appeal, Peter D. Marshall
Duke Journal of Comparative & International Law
No abstract provided.
The Content Of Confrontation, Lisa Kern Griffin
The Content Of Confrontation, Lisa Kern Griffin
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
The Role Of Social Science In Judicial Decision Making: How Gay Rights Advocates Can Learn From Integration And Capital Punishment Case Law , Amy Rublin
Duke Journal of Gender Law & Policy
This Article explores the intersection of social science and judicial decision making. It examines to what extent, and in what contexts, judges utilize social science in reaching and bolstering their rulings. The Article delves into three areas of law that are typically not grouped together—integration, gay rights, and capital punishment—to see the similarities and differences in the use of empirical findings. Analyzing the language in judicial opinions from family courts, district courts, circuit courts, and the United States Supreme Court enabled the emergence of trends. The opinions revealed that inconsistency in the use of social science may stem from how …
Looking A Gift Horse In The Mouth—The Underutilization Of Crime Victim Compensation Funds By Domestic Violence Victims , Njeri Mathis Rutledge
Looking A Gift Horse In The Mouth—The Underutilization Of Crime Victim Compensation Funds By Domestic Violence Victims , Njeri Mathis Rutledge
Duke Journal of Gender Law & Policy
No abstract provided.
Detention And Deportation With Inadequate Due Process: The Devastating Consequences Of Juvenile Involvement With Law Enforcement For Immigrant Youth, Elizabeth M. Frankel
Detention And Deportation With Inadequate Due Process: The Devastating Consequences Of Juvenile Involvement With Law Enforcement For Immigrant Youth, Elizabeth M. Frankel
Duke Forum for Law & Social Change
No abstract provided.
Ineffective Assistance And Drastic Punishments: The Duty To Inform Juveniles Of Collateral Consequences In A Post-Padilla Court, Riya Saha Shah, Lisa S. Campbell
Ineffective Assistance And Drastic Punishments: The Duty To Inform Juveniles Of Collateral Consequences In A Post-Padilla Court, Riya Saha Shah, Lisa S. Campbell
Duke Forum for Law & Social Change
No abstract provided.
The Abas Approach To Juvenile Justice Reform: Education, Eviction, And Employment: The Collateral Consequences Of Juvenile Adjudication, Christopher Gowen, Lisa Thurau, Meghan Wood
The Abas Approach To Juvenile Justice Reform: Education, Eviction, And Employment: The Collateral Consequences Of Juvenile Adjudication, Christopher Gowen, Lisa Thurau, Meghan Wood
Duke Forum for Law & Social Change
No abstract provided.
Juvenile Incarceration And The Pains Of Imprisonment, Jeffrey Fagan, Aaron Kupchik
Juvenile Incarceration And The Pains Of Imprisonment, Jeffrey Fagan, Aaron Kupchik
Duke Forum for Law & Social Change
After legislatures criminalized a major portion of juvenile delinquency in the 1980s and 1990s, large numbers of incarcerated youth began serving their sentences in adult correctional facilities. To understand the ramifications of this practice, prior research studies compared the correctional experiences of youth in juvenile and adult facilities. Yet this research often minimized the pains of imprisonment for youth in juvenile facilities, based on the contrast to adult facilities and the toxic conditions of confinement within them. In this Article, we contribute to this literature by analyzing data from interviews with 188 young men incarcerated in juvenile and adult facilities …
Creating Positive Consequences: Improving Education Outcomes For Youth Adjudicated Delinquent, Katherine Burdick, Jessica Feierman, Maura Mcinerney
Creating Positive Consequences: Improving Education Outcomes For Youth Adjudicated Delinquent, Katherine Burdick, Jessica Feierman, Maura Mcinerney
Duke Forum for Law & Social Change
No abstract provided.
Called Out At Home: The One Strike Eviction Policy And Juvenile Court, Wendy J. Kaplan, David Rossman
Called Out At Home: The One Strike Eviction Policy And Juvenile Court, Wendy J. Kaplan, David Rossman
Duke Forum for Law & Social Change
No abstract provided.
Truancy Prosecutions Of Students And The Right [To] Education, Dean Hill Rivkin
Truancy Prosecutions Of Students And The Right [To] Education, Dean Hill Rivkin
Duke Forum for Law & Social Change
No abstract provided.