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Articles 781 - 810 of 1378
Full-Text Articles in Entire DC Network
The Articulate Frank Allen, James J. White
The Articulate Frank Allen, James J. White
Articles
Frank Allen had all of the wonderful talents that Ted St. Antoine and Rick Lempert ascribe to him. He was exceptionally smart and thoughtful (no one gets to give those fancy lectures who is not). He was a wise man (he led the faculty through the tough times at the end of the Vietnam War). And he was compassionate but tough as nails (he favored affirmative action, but was willing to close down the BAM affirmative action disruption with police if necessary-Frank's statement of his intention to call the police after the law school classes were disrupted forced the timorous …
“Whites Only Tree,” Hanging Nooses, No Crime?: Limiting The Prosecutorial Veto For Hate Crimes In Louisiana And Across America, Tamara F. Lawson
“Whites Only Tree,” Hanging Nooses, No Crime?: Limiting The Prosecutorial Veto For Hate Crimes In Louisiana And Across America, Tamara F. Lawson
Articles
News coverage of three nooses hanging from the "whites only tree" at Jena High School, in Jena, Louisiana, created public outcry. Criticism rose as the public learned that District Attorney Reed Walters exercised his prosecutorial discretion to decline to press charges against the white students that admitted hanging the nooses, yet over zealously charged black students with attempted murder for conduct normally considered a battery or a school-yard-fight. The apparent lack of equity in the exercise of prosecutorial discretion became the focus of heated debate. Although the Jena High School incidents occurred in 2006, the Jena story is unpleasantly reminiscent …
Reasonableness And Objectivity: A Feminist Discourse Of The Fourth Amendment, Dana Raigrodski
Reasonableness And Objectivity: A Feminist Discourse Of The Fourth Amendment, Dana Raigrodski
Articles
This article suggests that a critical reexamination of the Fourth Amendment and its jurisprudence through feminist lenses can shed new light and add to our understanding of it. These insights, in turn, can and should generate a positive feminist Fourth Amendment jurisprudence—a distinctive feminist voice to be integrated systematically into the law of search and seizure, leading to a transformation of the Fourth Amendment itself. Applying feminist theories to particular issues and normative layers of current Fourth Amendment jurisprudence may help guide us through the more difficult task of imagining a feminist jurisprudence of search and seizure law.
Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan
Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan
Articles
The Criminal Justice Act 2007 heralded a plethora of changes to Irish criminal law and procedure. The law on sentencing was also affected by its provisions. The focus of this article is on section 26 of that Act which introduces a general power on a court to make an order while passing sentence which will take effect on the expiration of a sentence of imprisonment. Under section 26 a court can impose two such orders, the “monitoring” order and the “protection of persons” order. The author assesses the background to the introduction of these dispositions and the potential application and …
The Contribution Of The Special Court For Sierra Leone To The Development Of International Law, Charles C. Jalloh
The Contribution Of The Special Court For Sierra Leone To The Development Of International Law, Charles C. Jalloh
Articles
No abstract provided.
Mediating Rules In Criminal Law, Richard A. Bierschbach, Alex Stein
Mediating Rules In Criminal Law, Richard A. Bierschbach, Alex Stein
Articles
This Article challenges the conventional divide between substantive criminal law theory, on the one hand, and evidence law, on the other, by exposing an important and unrecognized function of evidence rules in criminal law. Throughout the criminal law, special rules of evidence work to mediate conflicts between criminal law's deterrence and retributivist goals. They do this by skewing errors in the actual application of the substantive criminal law to favor whichever theory has been disfavored by the substantive rule itself The mediating potential of evidentiary rules is particularly strong in criminal law because the substantive law's dominant animating theories-deterrence and …
The Jurisprudence Of Punishment, Kyron J. Huigens
Memo To The President (And His Opponents): Ideology Still Counts, David A. Strauss
Memo To The President (And His Opponents): Ideology Still Counts, David A. Strauss
Articles
No abstract provided.
Zoning: Deliberative Democracy At Zero Prices, Richard A. Epstein
Zoning: Deliberative Democracy At Zero Prices, Richard A. Epstein
Articles
No abstract provided.
Judge Richard Posner On Civil Liberties: Pragmatic Authoritarian Libertarian, Bernard E. Harcourt
Judge Richard Posner On Civil Liberties: Pragmatic Authoritarian Libertarian, Bernard E. Harcourt
Articles
No abstract provided.
Contagious Efficiency: The Growing Reliance On U.S.-Style Antitrust Settlements In Eu Law, George S. Georgiev
Contagious Efficiency: The Growing Reliance On U.S.-Style Antitrust Settlements In Eu Law, George S. Georgiev
Articles
This Article analyzes the impact of the introduction of U.S.-style antitrust settlement procedures in EU law, which occurred in 2004 as part of an ambitious antitrust modernisation program. After documenting the lack of a settlement tradition in the EU legal system or the legal systems of EU member states, I argue that the new procedures were transplanted from U.S. law and that this was done without sufficient tailoring. Relying on lessons from the longstanding U.S. experience with antitrust settlements and on emerging evidence about the EU's own approach since 2004, I analyze the effects from the introduction of settlements at …
Faith In Community: Representing "Colored Town", Anthony V. Alfieri
Faith In Community: Representing "Colored Town", Anthony V. Alfieri
Articles
No abstract provided.
Beyond Judicial Minimalism, Cass R. Sunstein
Causes Of Popular Dissatisfaction With The Administration Of Justice In The Twenty-First Century, Robert Stein
Causes Of Popular Dissatisfaction With The Administration Of Justice In The Twenty-First Century, Robert Stein
Articles
We are here today to celebrate and be challenged by a remarkable speech delivered by Dean Roscoe Pound on August 29, 1906. 1 We meet in the city where Dean Pound gave his historic address. On that occasion, Dean Pound was not Dean of the Harvard Law School, which he later became, but rather was the 36-year-old Dean of the University of Nebraska College of Law. 2 He was a well- educated man, having both a law degree from Northwestern University School of Law and a PhD in Botany from the University of Nebraska, 3 but he was not very …
Crime, Criminal Justice, And Criminology In The Netherlands, Michael Tonry, Catrien Bijleveld
Crime, Criminal Justice, And Criminology In The Netherlands, Michael Tonry, Catrien Bijleveld
Articles
No abstract provided.
Determinants Of Penal Policies, Michael Tonry
Unmitigated Punishment: Adolescent Criminal Responsibility And Lwop Sentences, Barry C. Feld
Unmitigated Punishment: Adolescent Criminal Responsibility And Lwop Sentences, Barry C. Feld
Articles
For more than a century, youth crime policies have oscillated between periods of more lenient treatment and harsher punishment. Justice officials and the public alternatively attributed high crime rates either to ";soft"; rehabilitative policies and advocated ";tougher"; sanctions, or to excessively harsh penalties that failed adequately to treat youths. A century ago, Progressive reformers combined a more modern construction of childhood with a more scientific conception of social control to create a judicial-welfare alternative and to remove children from the adult criminal process. 2 They used juvenile courts to assimilate, ";Americanize,"; and control ";other people's"; children.
A Century Of Juvenile Justice: A Work In Progress Or A Revolution That Failed?, Barry C. Feld
A Century Of Juvenile Justice: A Work In Progress Or A Revolution That Failed?, Barry C. Feld
Articles
A century ago, Progressive reformers adopted a more modem construction of childhood as a developmental period of innocence, dependence, and vulnerability. They embraced a more scientific understanding of social control - positive criminology - and tried to identify the causes of crime and to treat, rather than to punish, offenders. Reformers combined the new vision of childhood with new insights into criminality to create a judicial-welfare alternative to the adult criminal process. Jurisdiction over dependent as well as delinquent children reflected juvenile courts' broader role as a child-saving welfare agency and not simply a "junior" criminal court.'
Gender, Truth & Transition, Fionnuala Ní Aoláin, Catherine Turner
Gender, Truth & Transition, Fionnuala Ní Aoláin, Catherine Turner
Articles
This article introduces the role and function of truth commission and explores a number of the structural and institutional components which profoundly affect women's experiences of accountability in times of transition.
Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman
Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman
Articles
No abstract provided.
Crawford And Davis: A Personal Reflection, Richard D. Friedman
Crawford And Davis: A Personal Reflection, Richard D. Friedman
Articles
I have to say that when I stood up to argue Hammon I felt the wind at my back. I was basically a lawyer with an easy case, and there wasn't anything particularly unpredictable at the argument of Hammon. Now it got a little bit interesting, as I will explain later, because to a certain extent I was trying to argue the other case as well. But Hammon itself was sort of ordinary, normal law.
Beyond Mitigation: Towards A Theory Of Allocution, Kimberly A. Thomas
Beyond Mitigation: Towards A Theory Of Allocution, Kimberly A. Thomas
Articles
THE COURT: I don't think I have time to listen .... I am not going to reexamine your guilt or innocence here. That is not the purpose of a sentence.. THE DEFENDANT: I did not have the chance to tell you .... THE DEFENDANT: But, your Honor, listen to me-1 Should the court hear this defendant? Is the story of innocence relevant at allocution-the defendant's opportunity to speak on his or her own behalf at the sentencing hearing prior to the imposition of sentence? Or, is the purpose of allocution something different, as the judge suggests? The answers depend on …
Holmes V. South Carolina Upholds Trial By Jury, Samuel R. Gross
Holmes V. South Carolina Upholds Trial By Jury, Samuel R. Gross
Articles
Bobby Lee Holmes was convicted of a brutal rape-murder and sentenced to death. The only evidence that connected him to the crime was forensic: a palm print, and blood and fiber evidence. (Biological samples taken from the victim for two rape kits were compromised and yielded no identifiable evidence.) Holmes claimed that the state's forensic evidence was planted and mishandled, and that the rape and murder were committed by another man, Jimmy McCaw White. At a pretrial hearing three witnesses testified that they saw White near the victim's house at about the time of the crime, and four others testified …
Due Process Rights And Terrorist Emergencies, James W. Nickel
Due Process Rights And Terrorist Emergencies, James W. Nickel
Articles
This essay discusses the grounds for due process rights (DPRs) and the permissibility of suspending them during terrorist and other emergencies. The two topics are profitably treated together because DPRs - along with freedoms of movement, expression, and political participation - are often suspended or restricted when national emergencies occur. Although I present a strong case for DPRs as human rights, this justification does not settle their priority during emergency situations. That issue raises additional questions, and I discuss some of them. The overall thrust of the essay is to defend the importance of respecting DPRs during troubled times. The …
Criminal Justice And The 1967 Detroit 'Riot', Yale Kamisar
Criminal Justice And The 1967 Detroit 'Riot', Yale Kamisar
Articles
Forty years ago the kindling of segregation, racism, and poverty burst into the flame of urban rioting in Detroit, Los Angeles, Newark, and other U.S. cities. The following essay is excerpted from a report by Professor Emeritus Yale Kamisar filed with the National Advisory Commission on Civil Disorders (the Kerner Commission) regarding the disorders that took place in Detroit July 23-28, 1967. The report provided significant material and was the subject of one article in the series of pieces on the anniversary of the disturbances that appeared last summer in The Michigan Citizen of Detroit. Immediately after the disturbances ended, …
Crawford, Davis, And Way Beyond, Richard D. Friedman
Crawford, Davis, And Way Beyond, Richard D. Friedman
Articles
Until 1965, the Confrontation Clause of the Sixth Amendment to the United States Constitution hardly mattered. It was not applicable against the states, and therefore had no role whatsoever in the vast majority of prosecutions. Moreover, if a federal court was inclined to exclude evidence of an out-of-court statement, it made little practical difference whether the court termed the statement hearsay or held that the evidence did not comply with the Confrontation Clause.
Structural Reform In Criminal Defense: Relocating Ineffective Assistance Of Counsel Claims, Eve Brensike Primus
Structural Reform In Criminal Defense: Relocating Ineffective Assistance Of Counsel Claims, Eve Brensike Primus
Articles
This Article suggests a structural reform that could solve two different problems in criminal defense representation. The first problem is that the right to effective trial counsel lacks a meaningful remedy. Defendants are generally not permitted to raise ineffective assistance of counsel claims until collateral review. Given that collateral review typically occurs years after trial, most convicted defendants have completed their sentences by that time and therefore have little incentive to pursue ineffectiveness claims. Moreover, there is no right to counsel on collateral review, and it is unrealistic to expect defendants to navigate the complicated terrain of an ineffectiveness claim …
On The Fortieth Anniversary Of The Miranda Case: Why We Needed It, How We Got It--And What Happened To It, Yale Kamisar
On The Fortieth Anniversary Of The Miranda Case: Why We Needed It, How We Got It--And What Happened To It, Yale Kamisar
Articles
Last year (the year I gave the talk on which this article is based) marked the fortieth anniversary of Miranda v. Arizona,' one of the most praised, most maligned-and probably one of the most misunderstood-Supreme Court cases in American history. It is difficult, if not impossible, to evaluate Miranda without looking back at the test for the admissibility of confessions that preceded it.
Francis A. Allen--Architect Of Modern Criminal Procedure Scholarship, Yale Kamisar
Francis A. Allen--Architect Of Modern Criminal Procedure Scholarship, Yale Kamisar
Articles
Francis A. Allen, who spent the last eight years of his distinguished teaching career at the University of Florida, Fredric G. Levin College of Law, died at the age of eighty-seven. He was a leading figure in law teaching, and the legal profession generally, for more than four decades.
Francis A. Allen--The Gainesville Years, Jerold H. Israel
Francis A. Allen--The Gainesville Years, Jerold H. Israel
Articles
If the legal academy had a Hall of Fame, Frank Allen would surely be a first ballot, unanimous selection.' His nominators need only recite the bare-bones record of his career-his publications, his public service, his years of accomplished teaching, and the many honors he received. That record is neatly capsulized in an obituary, published in the Gainesville Sun, largely written by Frank and June's son, Neil (Neil was also Franks's coauthor on Frank's last publication2). In a concise, precise fashion, reminiscent of Frank's own writings, the obituary not only describes Frank's many accomplishments, but also touches upon his character and …