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Articles 1231 - 1260 of 1388
Full-Text Articles in Entire DC Network
United States Supreme Court: 1995 & 1996 Term, Paul C. Giannelli
United States Supreme Court: 1995 & 1996 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii
Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii
Faculty Publications
In the remarks that follow, I do four things. First, for those unfamiliar with the Federal Sentencing Guidelines, I begin by explaining briefly how the Guidelines work. Second, I endeavor to show why Judge Cabranes is wrong, absolutely wrong in declaring the Guidelines a failure, and mostly wrong in the specific criticisms he and others level against the Guidelines. Third, after jousting with Judge Cabranes a bit, I discuss some problems with the current federal sentencing system, most notably the sheer length of narcotics sentences. Finally, I comment briefly on some of the implications of the Guidelines, and the principles …
Once A Century: Time For A Structural Overhaul Of The Federal Courts, Martha Dragich
Once A Century: Time For A Structural Overhaul Of The Federal Courts, Martha Dragich
Faculty Publications
In this Article, I describe a structure capable of accommodating growing caseloads in a manner consistent with basic values of appellate justice. Before doing so, I sketch in Part I the structural evolution of the federal courts. Part II describes the current pressures on the courts of appeals, while Part III examines the effects of internal reforms on the quality of appellate justice and the development of a coherent body of national law. Next, in Part IV, I posit requirements for the federal courts' third century. Part V reviews major proposals to address the caseload crisis in the courts of …
Mothers Who Kill: Coming To Terms With Modern American Infanticide, Michelle Oberman
Mothers Who Kill: Coming To Terms With Modern American Infanticide, Michelle Oberman
Faculty Publications
No abstract provided.
Merciful Juries: The Resilience Of Jury Nullification, Alan Scheflin, Jon M. Van Dyke
Merciful Juries: The Resilience Of Jury Nullification, Alan Scheflin, Jon M. Van Dyke
Faculty Publications
No abstract provided.
Minor Rights And Wrongs, Michelle Oberman
Beyond "Sellouts" And "Race Cards": Black Attorneys And The Straitjacket Of Legal Practice, Margaret M. Russell
Beyond "Sellouts" And "Race Cards": Black Attorneys And The Straitjacket Of Legal Practice, Margaret M. Russell
Faculty Publications
No abstract provided.
Jury-Bashing And The O.J. Simpson Verdict, Gerald F. Uelmen
Jury-Bashing And The O.J. Simpson Verdict, Gerald F. Uelmen
Faculty Publications
No abstract provided.
Lord Brougham's Bromide: Good Lawyers As Bad Citizens, Gerald F. Uelmen
Lord Brougham's Bromide: Good Lawyers As Bad Citizens, Gerald F. Uelmen
Faculty Publications
No abstract provided.
Crocodiles In The Bathtub: Maintaining The Indepedence Of State Supreme Courts In An Era Of Judicial Politicization, Gerald F. Uelmen
Crocodiles In The Bathtub: Maintaining The Indepedence Of State Supreme Courts In An Era Of Judicial Politicization, Gerald F. Uelmen
Faculty Publications
No abstract provided.
"I Fought The Law And The Law Won": A Report On Women And Disparate Sentencing In South Dakota, Frank Pommersheim, Christine Hutton, Steve Feimer
"I Fought The Law And The Law Won": A Report On Women And Disparate Sentencing In South Dakota, Frank Pommersheim, Christine Hutton, Steve Feimer
Faculty Publications
No abstract provided.
Psychology And Counseling Library Research Guide, Margaret Sylvia
Psychology And Counseling Library Research Guide, Margaret Sylvia
Faculty Publications
This document is a guide for library research in psychology or counseling. The first section discusses how to do research in the library, including choosing a topic, beginning with books, updating the information with journals, checking out books, interlibrary loan, visiting other libraries, and writing the paper. The second section provides sources of general information on psychology. The third section provides an annotated bibliography of additional research resources. The fourth section contains guide to the writing of psychology research papers and the fifth section contains miscellaneous resources such as those on professional training and careers, statistics, dictionaries, and biographical resources.
The United States Criminal Justice System: A Brief Overview, Paul Marcus
The United States Criminal Justice System: A Brief Overview, Paul Marcus
Faculty Publications
No abstract provided.
Introduction: The Voices And Groups That Will Preserve (What We Can Preserve Of) Judicial Independence, John Q. Barrett
Introduction: The Voices And Groups That Will Preserve (What We Can Preserve Of) Judicial Independence, John Q. Barrett
Faculty Publications
As the 1996 election year commenced, the leading issues of the day included welfare reform, late-term abortions, Bosnia, immigration, drugs, taxes, the budget deficit, and the budget impasse that had shut parts of the federal government. The "hot" national issues did not include judicial philosophy, federal judicial appointments, individual judges or particular judicial decisions. Within weeks, however, that changed, thanks to a single judicial opinion. On January 22, 1996, United States District Judge Harold Baer, Jr., decided a pretrial motion to suppress evidence in the then (and now) obscure New York federal drug prosecution of a woman from Detroit named …
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Faculty Publications
No abstract provided.
The Need To Reform The "Acceptance Of Responsibility" Adjustment, Michael M. O'Hear
The Need To Reform The "Acceptance Of Responsibility" Adjustment, Michael M. O'Hear
Faculty Publications
No abstract provided.
The Criminal Defense Lawyer As Effective Negotiator: A Systemic Approach, Rodney J. Uphoff
The Criminal Defense Lawyer As Effective Negotiator: A Systemic Approach, Rodney J. Uphoff
Faculty Publications
In the first issue of the Clinical Law Review, Peter Hoffman challenged clinical legal educators to produce clinical scholarship that is “practical in its orientation and design” and written so as to enhance the ability of lawyers to represent their clients and to help law students prepare for law practice. This article takes up Hoffman's challenge in the context of examining the skill of negotiating or plea bargaining from the perspective of the criminal defense lawyer. Before discussing the methods, approach or techniques that lawyers can use to enhance their ability to bargain effectively, it is critical to understand what …
Challenging A Just-Completed Prison Sentence While Serving Another: Is The Prisoner In Custody For Purposes Of Seeking Federal Habeas Corpus Relief?, Jay E. Grenig
Faculty Publications
No abstract provided.
Playing "21" With Narcotics Enforcement: A Response To Professor Carrington (Symposium, Regulatory Future Of Contingent Employment), Frank O. Bowman Iii
Playing "21" With Narcotics Enforcement: A Response To Professor Carrington (Symposium, Regulatory Future Of Contingent Employment), Frank O. Bowman Iii
Faculty Publications
Although I have fundamental disagreements with Professor Carrington even when his argument is reduced to its core, my purpose here is neither to defend every jot and tittle of national drug policy, nor to propose any sweeping personal vision of the place of recreational drugs in America. My ambitions are more modest. I suggest three premises: (1) Intelligent discussion of drug policy requires that we shed the image of law enforcement as warfare. (2) Instead, criminal narcotics prohibitions, penalties, and enforcement methods should be analyzed by the same standards which *939 govern any other type of crime. (3) If antinarcotics …
Federalization: A Critical Overview, William P. Marshall
Federalization: A Critical Overview, William P. Marshall
Faculty Publications
No abstract provided.
Making Sense Of English Law Enforcement In The Eighteenth Century, David D. Friedman
Making Sense Of English Law Enforcement In The Eighteenth Century, David D. Friedman
Faculty Publications
No abstract provided.
2001: A Train Ride: A Guided Tour Of The Sixth Amendment Right To Counsel, Gerald F. Uelmen
2001: A Train Ride: A Guided Tour Of The Sixth Amendment Right To Counsel, Gerald F. Uelmen
Faculty Publications
No abstract provided.
Art Of Judicial Biography, Michael J. Gerhardt
Art Of Judicial Biography, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Presenting, Back From The [Almost] Dead, The Entrapment Defense, Paul Marcus
Presenting, Back From The [Almost] Dead, The Entrapment Defense, Paul Marcus
Faculty Publications
No abstract provided.
Privilege Against Self-Incrimination, Ellen Kreitzberg
Privilege Against Self-Incrimination, Ellen Kreitzberg
Faculty Publications
No abstract provided.
Justice Defined - It Takes More Than A Single Opinion To Understand How Legal Reasoning And Personal Experience Shape A 24-Year Career, Richard C. Reuben
Justice Defined - It Takes More Than A Single Opinion To Understand How Legal Reasoning And Personal Experience Shape A 24-Year Career, Richard C. Reuben
Faculty Publications
With his retirement in June after participating in more than 800 cases - including his career-identifying 7-2 opinion in Roe v. Wade legalizing abortion - the definition of Harry Blackmun's tenure lies in the seeming contradiction of commitment and flexibility. Along with a steadfast defense of the right to abortion in Roe, 410 U.S. 113 (1973), and successive cases, Blackmun's significance was in the power of his vote. Often overlooked in the public's emphasis on Roe is an appreciation of Blackmun's reflective, methodical, if not occasionally pointed, jurisprudence.
History, He Wrote: Murder, Politics, And The Challenges Of Public History In A Community With A Secret, Robert R. Weyeneth
History, He Wrote: Murder, Politics, And The Challenges Of Public History In A Community With A Secret, Robert R. Weyeneth
Faculty Publications
No abstract provided.
The Hidden Ball: A Substantive Critique Of Baseball Metaphors In Judicial Opinions, Chad M. Oldfather
The Hidden Ball: A Substantive Critique Of Baseball Metaphors In Judicial Opinions, Chad M. Oldfather
Faculty Publications
This article draws on literary and linguistic theory, as well as prior work studying the effects of metaphor in judicial opinions, to study the use of a specific type of metaphor - baseball metaphors - in judicial opinions. The article surveys several specific metaphors that have been recurrently used - including the judge as "umpire," "hit-and-run," and "three strikes and you're out" - and considers the ways in which the use of such metaphors might direct thought about the underlying subject matter in inappropriate directions.
Juvenile Court Bindover Hearings, Paul C. Giannelli
Juvenile Court Bindover Hearings, Paul C. Giannelli
Faculty Publications
No abstract provided.
Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg
Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg
Faculty Publications
No abstract provided.