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Articles 541 - 570 of 1182
Full-Text Articles in Entire DC Network
Note From The Editor, Jonathan Ross
“The Governor’S Court Of Last Resort:” An Introduction To Executive Clemency In Alaska, Ronald S. Everett, Deborah Periman
“The Governor’S Court Of Last Resort:” An Introduction To Executive Clemency In Alaska, Ronald S. Everett, Deborah Periman
Alaska Law Review
No abstract provided.
The Use Of Electronic Monitoring In The Alaska Criminal Justice System: A Practical Yet Incomplete Alternative To Incarceration, Natasha Alladina
The Use Of Electronic Monitoring In The Alaska Criminal Justice System: A Practical Yet Incomplete Alternative To Incarceration, Natasha Alladina
Alaska Law Review
No abstract provided.
E.P. V. Alaska Psychiatric Institute: The Evolution Of Involuntary Civil Commitments From Treatment To Punishment, Proud Usahacharoenporn
E.P. V. Alaska Psychiatric Institute: The Evolution Of Involuntary Civil Commitments From Treatment To Punishment, Proud Usahacharoenporn
Alaska Law Review
No abstract provided.
Bullcoming V. New Mexico: Revisiting Analyst Testimony After Melendez-Diaz, Alex Herskowitz
Bullcoming V. New Mexico: Revisiting Analyst Testimony After Melendez-Diaz, Alex Herskowitz
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Administrative Law In The 1930s: The Supreme Court’S Accommodation Of Progressive Legal Theory, Mark Tushnet
Administrative Law In The 1930s: The Supreme Court’S Accommodation Of Progressive Legal Theory, Mark Tushnet
Duke Law Journal
In the first decades of the twentieth century, Progressive politicians and legal theorists advocated the creation and then the expansion of administrative agencies. These agencies, they argued, could address rapidly changing social circumstances more expeditiously than could courts and legislatures, and could deploy scientific expertise, rather than mere political preference, in solving the problems social change produced. The proliferation of administrative agencies in the New Deal-the SEC, the NLRB, and others-meant that defending administrative agencies from close judicial oversight became intertwined with defending the New Deal itself In a series of contentious cases decided by the Hughes Court, Progressives believed …
Harrington V. Richter: Aedpa Deference And The Right To Effective Counsel, Kara Duffle
Harrington V. Richter: Aedpa Deference And The Right To Effective Counsel, Kara Duffle
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
The Regrettable Clause: United States V. Comstock And The Powers Of Congress, H. Jefferson Powell
The Regrettable Clause: United States V. Comstock And The Powers Of Congress, H. Jefferson Powell
Faculty Scholarship
In this Article, Powell argues that in Comstock, the Court encountered one of the oldest and most basic constitutional issues about the scope of congressional power-whether there are justiciable limits to the range of legitimate ends Congress may pursue. The Justices, without fully recognizing the fact, were taking sides in an ancient debate, and in doing so, they inadvertently reopened an issue that ought to be deemed long settled. Part II of the Article first addresses the question before the Court in Comstock, which was limited to a pure question of Article I law: is a specific provision of a …
Good Faith And Law Evasion, Samuel W. Buell
Good Faith And Law Evasion, Samuel W. Buell
Faculty Scholarship
Laws imposing sanctions can be self-defeating by supplying incentive and guidance for actors engaged in socially undesirable activities to reshape conduct to avoid penalties. Sometimes this is deterrence. But if the new activity, as much as the old, contravenes the normative stance of the legal project, it is a failure of law. The problem of evasion warrants response in many fields - not least in criminal law despite the frequent and too simple assumption that legality-related values require narrow prohibitions that unavoidably permit evasion. Three common responses to evasion have serious deficits. Foregoing control of evasion is a mistake if …
Reverse Incorporation Of State Constitutional Law, Joseph Blocher
Reverse Incorporation Of State Constitutional Law, Joseph Blocher
Faculty Scholarship
State supreme courts and the United States Supreme Court are the independent and final arbiters of their respective constitutions, and may therefore take different approaches to analogous state and federal constitutional issues. Such issues arise often, because the documents were modeled on each other and share many of the same guarantees. In answering them, state courts have, as a matter of practice, generally adopted federal constitutional doctrine as their own. Federal courts, by contrast, have largely ignored state constitutional law when interpreting the federal constitution. In McDonald v. Chicago, to take only the most recent example, the Court declined to …
Congressional Manipulation Of The Sentencing Guideline For Child Pornography Possession: An Argument For Or Against Deference?, John Gabriel Woodlee
Congressional Manipulation Of The Sentencing Guideline For Child Pornography Possession: An Argument For Or Against Deference?, John Gabriel Woodlee
Duke Law Journal
Many proponents of the Federal Sentencing Guidelines envisioned a system in which a politically insulated agency would craft guidelines based on empirical study. This vision of the now-advisory Guidelines survives in Supreme Court opinions that appear to accept that the work of the U.S. Sentencing Commission, the agency tasked with formulating the Guidelines, is driven largely by empirical analysis. This vision has created uncertainty, however, about how much deference courts should show particular Guidelines-such as Section 2G2.2, the Guideline applicable to possession of child pornography- that do not reflect empirical study by the Commission, but that have instead been shaped …
Blind Dates: When Should The Statute Of Limitations Begin To Run On A Method-Of-Execution Challenge?, Ty Alper
Blind Dates: When Should The Statute Of Limitations Begin To Run On A Method-Of-Execution Challenge?, Ty Alper
Duke Law Journal
This Article is the first to take a comprehensive look at the issue of statute-of-limitations accrual in method-of-execution cases. In other words, when does the clock start ticking on a death row inmate's right to challenge the way in which the state intends to execute him? Most circuit courts have held that method-of-execution challenges accrue at the completion of the direct appeal process. This means that death row inmates in these jurisdictions must file method-of-execution challenges years, and sometimes even decades, before an actual execution is scheduled. Although this approach has been the subject of much criticism, even the dissenting …
Globalized Corporate Prosecutions, Brandon L. Garrett
Globalized Corporate Prosecutions, Brandon L. Garrett
Faculty Scholarship
In the past, domestic prosecutions of foreign corporations were not noteworthy. Federal prosecutors now advertise a muscular approach targeting major foreign firms and even entire industries. High-profile prosecutions of foreign firms have shaken the international business community. Not only is the approach federal prosecutors have taken novel, but corporate criminal liability is itself a form of American Exceptionalism, and few other countries hold corporations broadly criminally accountable. To study U.S. prosecutions of foreign firms, I assembled a database of publicly reported corporate guilty plea agreements from the past decade. I analyzed U.S. Sentencing Commission data archives on federal corporate prosecutions …
The Federal Common Law Crime Of Corruption, Lisa Kern Griffin
The Federal Common Law Crime Of Corruption, Lisa Kern Griffin
Faculty Scholarship
This contribution to the North Carolina Law Review’s 2010 symposium, Adaptation and Resiliency in Legal Systems, considers the compatibility between the common law nature of honest services fraud and the dynamic quality of public integrity offenses. Corruption enforcement became a focal point of recent debates about over- criminalization because it typifies expansive legislative mandates for prosecutors and implicit delegations to courts. Federal prosecutions of political corruption have relied primarily on an open-textured provision: 18 U.S.C. § 1346, the honest services extension of the mail fraud statute. Section 1346 raises notice concerns because it contains few self-limiting terms, but it has …
Guns, Inc.: Citizens United, Mcdonald, And The Future Of Corporate Constitutional Rights, Darrell A. H. Miller
Guns, Inc.: Citizens United, Mcdonald, And The Future Of Corporate Constitutional Rights, Darrell A. H. Miller
Faculty Scholarship
The Supreme Court began its 2009 Term by addressing the constitutional rights of corporations. It ended the Term by addressing the incorporated rights of the Constitution. In Citizens United v. Federal Election Commission, a five-member majority of the Court held that corporations have a First Amendment right to spend their own money on political advocacy. A corporation generally is no different than a natural person when it comes to the First Amendment - at least as it relates to political speech. In McDonald v. City of Chicago, a plurality of the Court held that the Second Amendment to the United …
Politics And Civil Procedure Rulemaking: Reflections On Experience, Paul D. Carrington
Politics And Civil Procedure Rulemaking: Reflections On Experience, Paul D. Carrington
Duke Law Journal
This Article is a reflection on personal experience as well as an account of what has happened to the Federal Rules of Civil Procedure in the most recent quarter century It observes that the Supreme Court of the United States has assigned to itself a role in making procedural law inconsistent with the Rules Enabling Act of 1934 or any more-recent utterance of Congress This procedural law made by the Court is responsive to the desire of business interests to weaken the ability of citizens to enforce laws enacted to protect them from business misconduct The Article concludes with the …
Mandatory Arrest For Misdemeanor Domestic Violence: Is Alaska’S Arrest Statute Constitutional?, Paul A. Clark
Mandatory Arrest For Misdemeanor Domestic Violence: Is Alaska’S Arrest Statute Constitutional?, Paul A. Clark
Alaska Law Review
No abstract provided.
Reconceptualizing Aggression, Michael Anderson
Criminalizing Support For Terrorism: A Comparative Perspective, Adam Tomkins
Criminalizing Support For Terrorism: A Comparative Perspective, Adam Tomkins
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Graham V. Florida: Justice Kennedy’S Vision Of Childhood And The Role Of Judges, Tamar R. Birckhead
Graham V. Florida: Justice Kennedy’S Vision Of Childhood And The Role Of Judges, Tamar R. Birckhead
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Failing To Achieve The Goal: A Feminist Perspective On Why Rape Law Reform In Taiwan Has Been Unsuccessful, Chih-Chieh Lin
Failing To Achieve The Goal: A Feminist Perspective On Why Rape Law Reform In Taiwan Has Been Unsuccessful, Chih-Chieh Lin
Duke Journal of Gender Law & Policy
No abstract provided.
Correcting Mandatory Injustice: Judicial Recommendation Of Executive Clemency, Joanna M. Huang
Correcting Mandatory Injustice: Judicial Recommendation Of Executive Clemency, Joanna M. Huang
Duke Law Journal
In 1987, the United States political and social systems lost trust in the judiciary and severely limited its authority by enacting the mandatory Federal Sentencing Guidelines. During this period, many judges were forced to impose sentences they viewed as unjust. Trust in the judiciary was restored in 2005, when United States v. Booker made the Sentencing Guidelines advisory. Despite the increase in judicial discretion, however, judges are still unable to correct sentences imposed during the intervening eighteen years because Booker does not apply retroactively. Unfortunately, the executive and legislative branches are similarly unable to provide adequate remedies. Congressional action is …
Intimate Violence, Foreign Solutions: Domestic Violence Policy And Muslim-American Women, Maura K. Finigan
Intimate Violence, Foreign Solutions: Domestic Violence Policy And Muslim-American Women, Maura K. Finigan
Duke Forum for Law & Social Change
No abstract provided.
To Be Muslim Or “Muslim-Looking” In America: A Comparative Exploration Of Racial And Religious Prejudice In The 21st Century, Sheryll Cashin
To Be Muslim Or “Muslim-Looking” In America: A Comparative Exploration Of Racial And Religious Prejudice In The 21st Century, Sheryll Cashin
Duke Forum for Law & Social Change
No abstract provided.
Through A Screen Darkly: Hollywood As A Measure Of Discrimination Against Arabs And Muslims, Tung Yin
Through A Screen Darkly: Hollywood As A Measure Of Discrimination Against Arabs And Muslims, Tung Yin
Duke Forum for Law & Social Change
No abstract provided.
How The Post-Framing Adoption Of The Bare-Probable-Cause Standard Drastically Expanded Government Arrest And Search Power, Thomas Y. Davies
How The Post-Framing Adoption Of The Bare-Probable-Cause Standard Drastically Expanded Government Arrest And Search Power, Thomas Y. Davies
Law and Contemporary Problems
Davies exposes a story that has been almost entirely overlooked: that the now-accepted doctrine that probable cause alone can justify a criminal arrest or search did not emerge until well after the framing of the Bill of Rights in 1789 and constituted a significant departure from the criminal-procedure standards that the Framers of the Bill thought they had preserved.
Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley
Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley
Law and Contemporary Problems
Bradley discusses the Hudson and Herring decisions, the practices of other countries, and various previous suggestions for exclusionary-rule reform. Then, he sets forth a reconception of the exclusionary rule, as well as the constitutional principles that gave rise to it. These reconceptions suggest a roadmap to exclusionary reform that might reconcile the factions on the Court who strongly support and strongly oppose the current mandatory rule.
The First Complaint: An Approach To The Admission Of Child-Hearsay Statements Under The Alaska Rules Of Evidence, John J. Gochnour
The First Complaint: An Approach To The Admission Of Child-Hearsay Statements Under The Alaska Rules Of Evidence, John J. Gochnour
Alaska Law Review
No abstract provided.
Juvenile Justice, Sullivan, And Graham: How The Supreme Court’S Decision Will Change The Neuroscience Debate, Johanna Cooper Jennings
Juvenile Justice, Sullivan, And Graham: How The Supreme Court’S Decision Will Change The Neuroscience Debate, Johanna Cooper Jennings
Duke Law & Technology Review
Over the past twenty years, neuroscientists have discovered that brain maturation continues through an individual’s mid-twenties. The United States Supreme Court cited this research to support its abolition of the juvenile death penalty in Roper v. Simmons. Now the Court is faced with two cases that challenge the constitutionality of sentencing juveniles to life imprisonment without parole. Many believe these studies indicate that juveniles are both less culpable for their actions and more likely to reform; therefore, life in prison for juveniles is disproportionate, cruel, and unusual. However, others caution against the use of these studies in deciding issues of …
Dna And Due Process, Brandon L. Garrett
Dna And Due Process, Brandon L. Garrett
Faculty Scholarship
The U.S. Supreme Court in District Attorney's Office v. Osborne confronted novel and complex constitutional questions regarding the postconviction protections offered to potentially innocent convicts. Two decades after DNA testing exonerated the first inmate in the United States, the Court heard its first claim by a convict seeking DNA testing that could prove innocence. I argue that, contrary to early accounts, the Court did not reject a constitutional right to postconviction DNA testing. Despite language suggesting the Court would not "constitutionalize the issue" by announcing an unqualified freestanding right, Chief Justice Roberts's majority opinion proceeded to carefully fashion an important, …