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Articles 871 - 900 of 1378
Full-Text Articles in Entire DC Network
Why Minnesota Will Weather Blakely's Blast, Dale G. Parent, Richard Frase
Why Minnesota Will Weather Blakely's Blast, Dale G. Parent, Richard Frase
Articles
No abstract provided.
Gideon In White/Gideon In Black: Race And Identity In Lawyering, Anthony V. Alfieri
Gideon In White/Gideon In Black: Race And Identity In Lawyering, Anthony V. Alfieri
Articles
No abstract provided.
Earl Warren: Law Enforcement Leads To Defendants' Rights, Yale Kamisar
Earl Warren: Law Enforcement Leads To Defendants' Rights, Yale Kamisar
Articles
Before becoming governor of California, Earl Warren spent 22 years in law enforcement: five as a deputy district attorney (1920- 25); thirteen as head of the Alameda County district attorney's office (1925-38); and four as state attorney general (1939-42). My thesis is that Warren's many years in law enforcement significantly affected his work as Chief Justice of the United States.
Confrontation After Crawford, Richard D. Friedman
Confrontation After Crawford, Richard D. Friedman
Articles
The following edit excerpt, drawn from "The Confrontation Clause Re-Rooted and Transformed," 2003-04 Cato Supreme Court Review 439 (2004), by Law School Professor Richard D. Friedman, discusses the impact, effects, and questions generated by the U.S. Supreme Court's ruling in Crawford v. Washington last year that a defendant is entitled to confront and cross-examine any testimonial statement presented against him. In Crawford, the defendant, charged with attacking another man with a knife, contested the trial court's admission of a tape-recorded statement his wife made to police without giving him the opportunity to cross-examine. The tiral court admitted the statement, and …
Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kriten Jacoby, Daniel J. Matheson, Nicholas Montgomery, Sujata Patil
Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kriten Jacoby, Daniel J. Matheson, Nicholas Montgomery, Sujata Patil
Articles
On August 14, 1989, the Cook County Circuit Court in Chicago, Illinois, vacated Gary Dotson's 1979 rape conviction and dismissed the charges.1 Mr. Dotson-who had spent ten years in and out of prison and on parole for this conviction-was not the first innocent prisoner to be exonerated and released in America. But his case was a breakthrough nonetheless: he was the first who was cleared by DNA identification technology. It was the beginning of a revolution in the American criminal justice system. Until then, exonerations of falsely convicted defendants were seen as aberrational. Since 1989, these once-rare events have become …
Yale Kamisar: A Principled Man For All Seasons, Douglas A. Kahn
Yale Kamisar: A Principled Man For All Seasons, Douglas A. Kahn
Articles
Yale Kamisar began his distinguished career as a law professor in 1957 at the University of Minnesota Law School. For three years prior to joining the Minnesota faculty, Yale had been an associate with the Washington, D.C. law firm of Covington & Burling specializing in antitrust law. Understandably, Yale and Minnesota assumed that he would devote the major part of his research and teaching to antitrust. At that time, the study of criminal law was near the bottom of the hierarchy of law school topics, and so young faculty often were assigned the task of teaching criminal law as the …
How Earl Warren's Twenty-Two Years In Law Enforcement Affected His Work As Chief Justice, Yale Kamisar
How Earl Warren's Twenty-Two Years In Law Enforcement Affected His Work As Chief Justice, Yale Kamisar
Articles
Before becoming governor of California, Earl Warren had spent his entire legal career, twenty-two years, in law enforcement. Professor Kamisar maintains that this experience significantly influenced Warren's work as a Supreme Court justice and gave him a unique perspective into police interrogation and other police practices. This article discusses some of Warren's experiences in law enforcement and searches for evidence of that experience in Warren's opinions. For example, when Warren was head of the Alameda County District Attorney's Office, he and his deputies not only relied on confessions in many homicide cases but also themselves interrogated homicide suspects. The seeds …
Crawford Surprises: Mostly Unpleasant, Richard D. Friedman
Crawford Surprises: Mostly Unpleasant, Richard D. Friedman
Articles
Crawford v. Washington should not have been surprising. The Confrontation Clause guarantees a criminal defendant the right "to be confronted with the witnesses against him." The doctrine of Ohio v. Roberts, treating the clause as a general proscription against the admission of hearsay-except hearsay that fits within a "firmly rooted" exception or is otherwise deemed reliable-had so little to do with the constitutional text, or with the history or principle behind it, that eventually it was bound to be discarded. And the appeal of a testimonial approach to the clause seemed sufficiently strong to yield high hopes that ultimately the …
Grappling With The Meaning Of 'Testimonial', Richard D. Friedman
Grappling With The Meaning Of 'Testimonial', Richard D. Friedman
Articles
Crawford v. Washington, has adopted a testimonial approach to the Confrontation Clause of the Sixth Amendment. Under this approach, a statement that is deemed to be testimonial in nature may not be introduced at trial against an accused unless he has had an opportunity to cross-examine the person who made the statement and that person is unavailable to testify at trial. If a statement is not deemed to be testimonial, then the Confrontation Clause poses little if any obstacle to its admission.2 A great deal therefore now rides on the meaning of the word "testimonial."
Principles Of Non-Arbitrariness: Lawlessness In The Administration Of Welfare, Christine N. Cimini
Principles Of Non-Arbitrariness: Lawlessness In The Administration Of Welfare, Christine N. Cimini
Articles
This article explores whether there exists a concept of non-arbitrariness that imposes limitations on the administration of welfare benefits without rules, regulations, policies or procedures. To address this question, the article examines the concept of non-arbitrariness within various jurisprudential doctrines and the potential applicability of the concept to limit arbitrary governmental action in the welfare context. In each of the areas where courts regulate arbitrary governmental action, underlying judicial concerns give rise to jurisprudential principles. Four principles stand out. First, at a minimum, there must be a rational relationship between the government’s ends and the means it chooses to reach …
Reforming The Criminal Rap Sheet: Federal Timidity And The Traditional State Functions Doctrine, Mary De Ming Fan
Reforming The Criminal Rap Sheet: Federal Timidity And The Traditional State Functions Doctrine, Mary De Ming Fan
Articles
For decades, criminal justice officials have based key decisions about a defendant's fate and crime deterrence on a tool deplored by practitioners for its indecipherability and potential for inaccuracy or incompleteness—the rap sheet. Though the Supreme Court's criminal rights evolution progressed late last year to requiring rigor in documenting penalty maximum-enhancing prior convictions, the problem of the rap sheet has received little notice from jurists and scholars because the rap sheet plays its central role in discretionary decision-making areas shielded from scrutiny.[para] The rap sheet is not just a practitioner's problem. The flawing of the rap sheet is a parable …
The Intersection Of Evaluation Be Mediators And Informed Consent: Warning The Unwary, Lela P. Love, John W. Cooley
The Intersection Of Evaluation Be Mediators And Informed Consent: Warning The Unwary, Lela P. Love, John W. Cooley
Articles
No abstract provided.
Solving The Williams Puzzle, Kyron J. Huigens
Solving The Williams Puzzle, Kyron J. Huigens
Articles
In the 1949 case of Williams v. New York, the United States Supreme Court approved of judicial factfinding as a feature of discretionary sentencing. The Court's more recent ban on judicial factfinding in determinate sentencing systems would seem to apply to discretionary sentencing systems as well, implying that Williams is no longer good law. If a sentencing judge may find facts in the exercise of discretionary sentencing as a matter of due process, then a legislature's attempt to introduce rule-of-law values into sentencing by creating a determinate sentencing regime hardly seems to call for constitutional limitations on judicial factfinding. And …
On Commonplace Punishment Theory, Kyron J. Huigens
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
Articles
The article argues that the criminal justice system's current focus on punishment and procedural efficiency overlooks the transformative potential of remorse and apology in repairing moral and relational harm caused by crime. It advocates for a relational approach that integrates mechanisms like restorative justice and victim-offender mediation to foster healing, reconciliation, and reintegration of offenders into society.
Fletcher's Rethinking: A Memoir, Kyron J. Huigens
Technology In A War Crimes Tribunal: Recent Experience At The Icty, David Pimentel
Technology In A War Crimes Tribunal: Recent Experience At The Icty, David Pimentel
Articles
No abstract provided.
Teaching Ethics/Doing Justice, Anthony V. Alfieri
Allocating Developmental Control Among Parent, Child And The State, Emily Buss
Allocating Developmental Control Among Parent, Child And The State, Emily Buss
Articles
No abstract provided.
Hail Yale Tribute: Yale Kamisar, Albert Alschuler
Note, Underenfranchisement: Black Voters And The Presidential Nomination Process, Justin Driver
Note, Underenfranchisement: Black Voters And The Presidential Nomination Process, Justin Driver
Articles
No abstract provided.
Optimal War And Jus Ad Bellum, Eric A. Posner, Alan O. Sykes
Optimal War And Jus Ad Bellum, Eric A. Posner, Alan O. Sykes
Articles
The laws of war forbid states to use force against each other except in self-defense or with the authorization of the United Nations Security Council. Self-defense is usually understood to mean self-defense against an imminent threat. We model the decisions of states to use force against "rogue" states and argue that under certain conditions, it may be proper to expand the self-defense exception to preemptive self-defense. We also consider related issues such as humanitarian intervention, collective security, and the role of the Security Council.
Book Review, Terrorism, Freedom, And Security By Philip B. Heymann, Nicholas Stephanopoulos
Book Review, Terrorism, Freedom, And Security By Philip B. Heymann, Nicholas Stephanopoulos
Articles
No abstract provided.
Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature, And Of Criminal Profiling More Generally, Bernard E. Harcourt
Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature, And Of Criminal Profiling More Generally, Bernard E. Harcourt
Articles
No abstract provided.
Remarks On Case-Management Criminal Mediation, Maureen Laflin
Remarks On Case-Management Criminal Mediation, Maureen Laflin
Articles
No abstract provided.
Case-Management Criminal Mediation Offers Promise But Requires Caution, Maureen Laflin
Case-Management Criminal Mediation Offers Promise But Requires Caution, Maureen Laflin
Articles
No abstract provided.
National Security, Liberty, And The D.C. Circuit Recent Decisions Of The United States Court Of Appeals For The District Of Columbia Circuit, Cass R. Sunstein
National Security, Liberty, And The D.C. Circuit Recent Decisions Of The United States Court Of Appeals For The District Of Columbia Circuit, Cass R. Sunstein
Articles
No abstract provided.
Varieties Of Youth Justice, Anthony Doob, Michael Tonry
Varieties Of Youth Justice, Anthony Doob, Michael Tonry
Articles
No abstract provided.
A Man's Home Is His Castle: How The Law Shelters Domestic Violence And Sexual Harassment, Beverly Balos
A Man's Home Is His Castle: How The Law Shelters Domestic Violence And Sexual Harassment, Beverly Balos
Articles
Violence against women is a pervasive problem in the United States. Historically, however, society did not take violence against women seriously. The law trivialized the abusive behaviors that led to harm against women.3 For example, until relatively recently there was not a legally recognized term for what is now labeled sexual harassment.4 It is now acknowledged that at work women are faced with the problem of sexual harassment.
Mercy Lawyers, Anthony V. Alfieri