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Articles 571 - 600 of 1182
Full-Text Articles in Entire DC Network
A Diversion Of Attention? Immigration Courts And The Adjudication Of Fourth And Fifth Amendment Rights, Jennifer M. Chacón
A Diversion Of Attention? Immigration Courts And The Adjudication Of Fourth And Fifth Amendment Rights, Jennifer M. Chacón
Duke Law Journal
Because of fundamental changes in the nature of immigration enforcement over the past decade, an increasing number of interactions between law enforcement agents and noncitizens in the United States are ultimately adjudicated not in criminal courts, but in immigration courts. Unfortunately, unlike the state and federal courts that have long performed an oversight function with regard to police activity, immigration courts were not designed to police the police. As a result, there are inadequate mechanisms in place to address many of the rights violations that are occurring in the context of immigration enforcement. This Article explores the procedural deficiencies of …
Judicial Specialization And The Adjudication Of Immigration Cases, Lawrence Baum
Judicial Specialization And The Adjudication Of Immigration Cases, Lawrence Baum
Duke Law Journal
When scholars and policymakers consider proposals for specialized courts, they are usually and appropriately mindful of the potential effects of specialization on the adjudication of cases. Focusing on the immigration field, this Article considers these potential effects in relation to other attributes of adjudication: the difficulty of cases, the severe caseload pressures, and the strong hierarchical controls that are each important attributes at some or all levels of the adjudication system. Specifically, this Article discusses the effects of those attributes, the effects of judicial specialization, and the intertwining of the two. It applies that analysis to proposals to substitute some …
Practical Impediments To Structural Reform And The Promise Of Third Branch Analytic Methods: A Reply To Professors Baum And Legomsky, Russell R. Wheeler
Practical Impediments To Structural Reform And The Promise Of Third Branch Analytic Methods: A Reply To Professors Baum And Legomsky, Russell R. Wheeler
Duke Law Journal
No abstract provided.
European Approaches To Fighting Terrorism, Elies Van Sliedregt
European Approaches To Fighting Terrorism, Elies Van Sliedregt
Duke Journal of Comparative & International Law
No abstract provided.
Prevalence, Societal Causes, And Trends In Corporal Punishment By Parents In World Perspective, Murray A. Straus
Prevalence, Societal Causes, And Trends In Corporal Punishment By Parents In World Perspective, Murray A. Straus
Law and Contemporary Problems
No abstract provided.
The Age Of Discipline: The Relevance Of Age To The Reasonableness Of Corporal Punishment, Kristin Collins Cope
The Age Of Discipline: The Relevance Of Age To The Reasonableness Of Corporal Punishment, Kristin Collins Cope
Law and Contemporary Problems
No abstract provided.
Corporal Punishment In The Public Schools: An Analysis Of Federal Constitutional Claims, Courtney Mitchell
Corporal Punishment In The Public Schools: An Analysis Of Federal Constitutional Claims, Courtney Mitchell
Law and Contemporary Problems
No abstract provided.
Robinson Everett: The Citizen-Lawyer Ideal Lives On, David F. Levi
Robinson Everett: The Citizen-Lawyer Ideal Lives On, David F. Levi
Duke Law Journal
No abstract provided.
Laying Privileges Or Immunities To Rest: Mcdonald V. City Of Chicago, B. Aubrey Smith
Laying Privileges Or Immunities To Rest: Mcdonald V. City Of Chicago, B. Aubrey Smith
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Balancing Lenity, Rationality, And Finality: A Case For Special Verdict Forms In Cases Involving Overlapping Federal Criminal Offenses, Meghan A. Ferguson
Balancing Lenity, Rationality, And Finality: A Case For Special Verdict Forms In Cases Involving Overlapping Federal Criminal Offenses, Meghan A. Ferguson
Duke Law Journal
The Framers placed a high premium on jury independence and viewed the jury's ability to dispense lenity as an important check on the legislative and executive branches. Many features of the criminal justice system are designed to interpose the jury between the accused and overzealous legislators and prosecutors. The general verdict and the absolute finality of acquittals, for example, empower the jury to acquit a defendant against the weight of the evidence. Although these features of the criminal justice system were conceived to protect defendants, they may be more harmful than helpful to defendants, given changes in the criminal justice …
Losing The Loss Calculation: Toward A More Just Sentencing Regime In White-Collar Criminal Cases, Derick R. Vollrath
Losing The Loss Calculation: Toward A More Just Sentencing Regime In White-Collar Criminal Cases, Derick R. Vollrath
Duke Law Journal
The sentencing regime that governs white-collar criminal cases requires reform. The U.S. Sentencing Guidelines recommend sentences that are generally too high and place a grossly disproportionate emphasis on the concept of "loss"-the dollar value of the harm that a court finds a white-collar criminal to have caused. This concept of loss is ill defined, and often artificial to the point of being arbitrary. Moreover, the loss calculation fails to adequately approximate a defendant's culpability, dwarfing traditionally relevant considerations such as the manner in which the defendant committed the crime and the defendant's motive for doing so. Fortunately, the Supreme Court …
Briscoe V. Virginia: Reexamining The Scope Of Melendez-Diaz, Caroline Mix
Briscoe V. Virginia: Reexamining The Scope Of Melendez-Diaz, Caroline Mix
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky
A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky
Faculty Scholarship
Most vividly demonstrated in the 2008 election of the first African-American President of the United States, post-race is a term that has been widely used to characterize a belief in the declining significance of race in the United States. Post-racialists, then, believe that racial discrimination is rare and aberrant behavior as evidenced by America’s pronounced racial progress. One practical consequence of a commitment to post-racialism is the belief that governments - both state and federal - should not consider race in their decision making. One might imagine that the recent explosion in post-racial discourse also portends a revised understanding of …
Welfare As Happiness, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur
Welfare As Happiness, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur
Faculty Scholarship
No abstract provided.
Retribution And The Experience Of Punishment, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur
Retribution And The Experience Of Punishment, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur
Faculty Scholarship
No abstract provided.
The Public Outrage Phenomenon & Limits On Remedying The Effect Of Implicit Racist Attitudes On Capital Charging Decisions, Peggy Nicholson
The Public Outrage Phenomenon & Limits On Remedying The Effect Of Implicit Racist Attitudes On Capital Charging Decisions, Peggy Nicholson
Faculty Scholarship
No abstract provided.
The Substance Of False Confessions, Brandon L. Garrett
The Substance Of False Confessions, Brandon L. Garrett
Faculty Scholarship
A puzzle is raised by cases of false confessions: How could an innocent on convincingly confess to a crime? Postconviction DNA testing has now exonerated over 250 convicts, more than forty of whom falsely confessed to rapes and murders. As a result, there is a new awareness that innocent people falsely confess, often due to psychological pressure placed upon them during police interrogations. Scholars increasingly examine the psychological techniques that can cause people to falsely confess and document instances of known false confessions. This Article takes a different approach, by examining the substance of false confessions, including what was said …
Deradicalization: A Review Of The Literature With Comparison To Findings In The Literatures On Deganging And Deprogramming, Madeline Morris, Frances Eberhard, Jessica Rivera, Michael Watsula
Deradicalization: A Review Of The Literature With Comparison To Findings In The Literatures On Deganging And Deprogramming, Madeline Morris, Frances Eberhard, Jessica Rivera, Michael Watsula
Faculty Scholarship
No abstract provided.
The United States And Human Rights Treaties: Race Relations, The Cold War, And Constitutionalism, Curtis A. Bradley
The United States And Human Rights Treaties: Race Relations, The Cold War, And Constitutionalism, Curtis A. Bradley
Faculty Scholarship
The United States prides itself on being a champion of human rights and pressures other countries to improve their human rights practices, and yet appears less willing than other nations to embrace international human rights treaties. Many commentators attribute this phenomenon to the particular historical context that existed in the late 1940s and early 1950s when human rights treaties were first being developed. These commentators especially emphasize the race relations of the time, noting that some conservatives resisted the developing human rights regime because they saw it as an effort by the federal government to extend its authority to address …
A Coase Theorem For Constitutional Theory, Neil S. Siegel
A Coase Theorem For Constitutional Theory, Neil S. Siegel
Faculty Scholarship
There is much to admire about Barry Friedman’s new book, The Will of the People. Explaining how the institution of judicial review was made safe for democracy in America, Friedman’s story is extensively researched, beautifully written, scrupulously nonpartisan about the modern Court, and frequently humorous. What is more, his primary claim—that the Supreme Court of the United States is very much a democratic institution because judicial review always has been responsive to public opinion—is, to a large extent, convincing. I have taught The Will of the People in my first-year constitutional law course, and I plan to do so again. …
Response: Anti-Discrimination Law In Peril?, Trina Jones
Response: Anti-Discrimination Law In Peril?, Trina Jones
Faculty Scholarship
No abstract provided.
Between The Scylla And Charybdis Of Prosecution And Reconciliation: The Khmer Rouge Trials And The Promise Of International Criminal Justice, Neha Jain
Duke Journal of Comparative & International Law
No abstract provided.
International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas, William W. Burke-White
International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas, William W. Burke-White
Duke Law Journal
Though international criminal justice has flourished over the last two decades, scholars have neglected institutional design and procedure questions. International-criminal-procedure scholarship has developed in isolation from its domestic counterpart but could learn much realism from it. Given its current focus on atrocities like genocide, international criminal law's main purpose should be not only to inflict retribution but also to restore wounded communities by bringing the truth to light. The international justice system needs more ideological balance, stable career paths, and civil-service expertise. It should also draw on the American experience of federalism to cultivate cooperation with national authorities and select …
Rethinking Reliance On Eyewitness Confidence, Neil Vidmar, James E. Coleman Jr., Theresa A. Newman
Rethinking Reliance On Eyewitness Confidence, Neil Vidmar, James E. Coleman Jr., Theresa A. Newman
Faculty Scholarship
No abstract provided.
What Are We Doing To The Children?: An Essay On Juvenile (In)Justice, Michael E. Tigar
What Are We Doing To The Children?: An Essay On Juvenile (In)Justice, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Sentenced By Tradition: The Third-Party Custodian Condition Of Pretrial Release In Alaska, Elizabeth Johnston
Sentenced By Tradition: The Third-Party Custodian Condition Of Pretrial Release In Alaska, Elizabeth Johnston
Alaska Law Review
No abstract provided.
Constitutional Limits On Private Policing And The State’S Allocation Of Force, M. Rhead Enion
Constitutional Limits On Private Policing And The State’S Allocation Of Force, M. Rhead Enion
Duke Law Journal
This Note argues that a variety of "private police" forces, such as university patrols and residential security guards, should. be held to the constitutional limitations found in the Bill of Rights. These private police act as arms of the state by supplying force in response to a public demand for order and security. The state, as sovereign, retains responsibility to allocate force, in the form of either public or private police, in response to public demand. This state responsibility-a facet of its police power-is evidenced throughout English and American history. When this force responds to a public demand for order …
Death Behind Bars: Examining Juvenile Life Without Parole In Sullivan V. Florida And Graham V. Florida, Lauren Fine
Death Behind Bars: Examining Juvenile Life Without Parole In Sullivan V. Florida And Graham V. Florida, Lauren Fine
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Prioritizing Professional Responsibility And The Legal Profession: A Preview Of The United States Supreme Court’S 2009–2010 Term, Renee Newman Knake
Prioritizing Professional Responsibility And The Legal Profession: A Preview Of The United States Supreme Court’S 2009–2010 Term, Renee Newman Knake
Duke Journal of Constitutional Law & Public Policy Sidebar
This term, the Supreme Court is scheduled to hear ten cases on the role of attorneys and the practice of law. In doing so, the Court is departing from its normal practice of hearing two, or at most three, cases on professional responsibility. Prof. Renee Knake of Michigan State University College of Law reviews the professional responsibility cases on the Court's docket and examines how they could influence the practice of law.
Minimum Responsiveness And The Political Exclusion Of The Poor, Bertrall L. Ross Ii, Terry Smith
Minimum Responsiveness And The Political Exclusion Of The Poor, Bertrall L. Ross Ii, Terry Smith
Law and Contemporary Problems
No abstract provided.