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Articles 1051 - 1080 of 2645
Full-Text Articles in Entire DC Network
Justice And Accountability: Activist Judging In The Light Of Democratic Constitutionalism And Democratic Experimentalism, William H. Simon
Justice And Accountability: Activist Judging In The Light Of Democratic Constitutionalism And Democratic Experimentalism, William H. Simon
Faculty Scholarship
This essay examines the charge that activist judging is inconsistent with democracy in the light of two recent perspectives in legal scholarship. The perspectives – Democratic Constitutionalism and Democratic Experimentalism – suggest in convergent and complementary ways that the charge ignores or oversimplifies relevant features of both judging and democracy. In particular, the charge exaggerates the pre-emptive effect of activist judging, and it implausibly conflates democracy with electoral processes. In addition, it understands consensus as a basis for judicial legitimacy solely in terms of pre-existing agreement and ignores the contingent legitimacy that can arise from the potential for subsequent agreement.
The Challenges Of Fitting Principled Modern Government – A Unified Public Law – To An Eighteenth Century Constitution, Peter L. Strauss
The Challenges Of Fitting Principled Modern Government – A Unified Public Law – To An Eighteenth Century Constitution, Peter L. Strauss
Faculty Scholarship
The papers presented at a fall 2016 conference at Cambridge University, The Unity of Public Law?, generally addressed issues of judicial review in the UK, Canada, Australia and New Zealand, often from a comparative perspective and the view that unifying impulses in “public law” arose from the common law. Accepting what Justice Harlan Fisk Stone once characterized as the ideal of “a unified system of judge-made and statute law woven into a seamless whole by [judges],” The Common Law in the United States, 50 Harvard L Rev 4 (1936), this paper considers a variety of issues that have complicated maintaining …
Confronting Power In Public Law, Kate Andrias
Confronting Power In Public Law, Kate Andrias
Faculty Scholarship
In his important and provocative Foreword, Professor Daryl Levinson criticizes American constitutional law for failing to attend sufficiently to questions of power, which he defines as “the ability to effect substantive policy outcomes by influencing what the government will or will not do.” As Levinson details, structural constitutional law has focused on how power is distributed among governmental institutions. It has not consistently or adequately considered how power is – or should be – distributed among social groups. Ultimately, Levinson suggests that the narrow focus of separation of powers law and theory on “equalizing the power of government institutions” lacks …
#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women, Amber Baylor
#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women, Amber Baylor
Faculty Scholarship
Recorded encounters between women of color and police officers have been invaluable in bringing the reality of these interactions into the living rooms of otherwise unknowing Americans. The recordings are instrumental pieces of documentation and evidence, with the power to impact verdicts and galvanize the domestic struggle for human rights outside of the courtroom. They also are fraught with ethical issues that must be addressed by attorneys and activists hoping they effect change. Complexities such as implicit biases, editing and sourcing of videos, anonymity for those attacked and bystanders, and vicarious trauma on affected communities complicate use of violent police …
Law And Moral Dilemmas, Bert I. Huang
Law And Moral Dilemmas, Bert I. Huang
Faculty Scholarship
A runaway trolley rushes toward five people standing on the tracks, and it will surely kill them all. Fortunately, you can reach a switch that will turn the trolley onto a side track – but then you notice that one other person is standing there. Is it morally permissible for you to turn the trolley to that side track, where it will kill one person instead of five? Is it not only morally permissible, but even morally required? This classic thought experiment is a mainstay in the repertoire of law school hypotheticals, often raised alongside cases about cannibalism at sea, …
The Duty Of Responsible Administration And The Problem Of Police Accountability, Charles F. Sabel, William H. Simon
The Duty Of Responsible Administration And The Problem Of Police Accountability, Charles F. Sabel, William H. Simon
Faculty Scholarship
Many contemporary civil rights claims arise from institutional activity that, while troubling, is neither malicious nor egregiously reckless. When law-makers find themselves unable to produce substantive rules for such activity, they often turn to regulating the actors’ exercise of discretion. The consequence is an emerging duty of responsible administration that requires managers to actively assess the effects of their conduct on civil rights values and to make reasonable efforts to mitigate harm to protected groups. This doctrinal evolution partially but imperfectly converges with an increasing emphasis in public administration on the need to reassess routines in the light of changing …
Young Adulthood As A Transitional Legal Category: Science, Social Change, And Justice Policy, Elizabeth S. Scott, Richard J. Bonnie, Laurence Steinberg
Young Adulthood As A Transitional Legal Category: Science, Social Change, And Justice Policy, Elizabeth S. Scott, Richard J. Bonnie, Laurence Steinberg
Faculty Scholarship
In the past decade, much attention has focused on developmental brain research and its implications for the regulation of crime. Public and policy interest has been directed primarily toward juveniles. In light of recent research, courts and legislatures increasingly have rejected the punitive response of the 1990s and embraced a developmental approach to young offenders. Of particular importance in propelling this trend has been the framework offered by the U.S. Supreme Court in a series of Eighth Amendment opinions that have rejected harsh adult sentences for juveniles. These decisions, supported by adolescent brain research, rested on two empirically based principles: …
Courting Abolition, Deborah W. Denno
Courting Abolition, Deborah W. Denno
Faculty Scholarship
This Review of Courting Death offers a different take on two of Professor Carol Steiker and Professor Jordan Steiker's major themes: (1) the tension between effecting meaningful reform and legitimatizing legal façades, and (2) the future of the American death penalty. The Review argues several points, one being that the Model Penal Code may have had a larger pre-Furman impact than the Steikers acknowledge. In addition, the Review expands on some key contributors to the death penalty’s decline that may have been obscured by the all-encompassing nature of the Steikers’ regulation argument — for example, the emergence of unforeseeable exogenous …
Prosecutorial Accountability 2.0, Bruce A. Green, Ellen Yaroshefsky
Prosecutorial Accountability 2.0, Bruce A. Green, Ellen Yaroshefsky
Faculty Scholarship
No abstract provided.
Should There Be A Specialized Ethics Code For Death-Penalty Defense Lawyers, Bruce A. Green
Should There Be A Specialized Ethics Code For Death-Penalty Defense Lawyers, Bruce A. Green
Faculty Scholarship
State ethics codes based on the ABA Model Rules of Professional Conduct address lawyers' work in advocacy but do not target lawyers' work in particular areas of advocacy or in other specialized practice areas. For more than forty years, critics have asserted that existing ethics rules are too superficial and should be supplemented by specialized rules. This article examines the utility of specialized ethics rules for one particular sub-specialty-death-penalty defense practice. After identifying arguments for and against a specialized ethics code for death-penalty cases, the article analyzes the arguments in the context of a particular ethics dilemma that some death-penalty …
Disciplinary Regulation Of Prosecutors As A Remedy For Abuses Of Prosecutorial Discretion: A Descriptive And Normative Analysis, Bruce A. Green, Samuel J. Levine
Disciplinary Regulation Of Prosecutors As A Remedy For Abuses Of Prosecutorial Discretion: A Descriptive And Normative Analysis, Bruce A. Green, Samuel J. Levine
Faculty Scholarship
No abstract provided.
Agencies Obligation To Interpret The Statute, Aaron J. Saiger
Agencies Obligation To Interpret The Statute, Aaron J. Saiger
Faculty Scholarship
No abstract provided.
The Complicated Economics Of Prison Reform, John F. Pfaff
The Complicated Economics Of Prison Reform, John F. Pfaff
Faculty Scholarship
No abstract provided.
“What Is Old Is New Again”: Comments On Malcolm Feeley’S Tappan Lecture, Hadar Aviram
“What Is Old Is New Again”: Comments On Malcolm Feeley’S Tappan Lecture, Hadar Aviram
Faculty Scholarship
No abstract provided.
Cultural Factors And Ethical Integrity, Jessica Vapnek
Cultural Factors And Ethical Integrity, Jessica Vapnek
Faculty Scholarship
No abstract provided.
Glass Ceiling For Female Professionals, Executives, And Managerial Employees In Japan: 30th Anniversary Of The Eeao And Prime Minister Abe's Womenomics– Introduction To The Symposium Issue– Introduction To The Symposium Issue, Setsuo Miyazawa
Faculty Scholarship
No abstract provided.
Improving Access To Justice In Developing And Post-Conflict Countries: Practical Examples From The Field, Jessica Vapnek, Peter Boaz, Helga Turku
Improving Access To Justice In Developing And Post-Conflict Countries: Practical Examples From The Field, Jessica Vapnek, Peter Boaz, Helga Turku
Faculty Scholarship
No abstract provided.
Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner
Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner
Faculty Scholarship
No abstract provided.
Juvenile Life Without Parole In Law And Practice: Chronicling The Rapid Change Underway, John Mills, Anna M. Dorn, Amelia Courtney Hritz
Juvenile Life Without Parole In Law And Practice: Chronicling The Rapid Change Underway, John Mills, Anna M. Dorn, Amelia Courtney Hritz
Faculty Scholarship
This Article provides a comprehensive examination of juvenile life without parole ('"LWOP") both as a policy and in practice. Beginning in 2010, the U.S. Supreme Court has repeatedly held that the Eighth Amendment of the U.S. Constitution restricts the reach of JLWOP sentences, first prohibiting it for non-homicide offenses, then proscribing its mandatory application for any offense, and, in 2016, clarifying that it may only be imposed in the rare instance in which a juvenile's homicide demonstrates his or her "irreparable corruption. " The legislative responses to these cases have been to either abandon or restrict JLWOP's application. These legislative …
Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner
Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner
Faculty Scholarship
No abstract provided.
Law Enforcement As Political Question, Zachary S. Price
Law Enforcement As Political Question, Zachary S. Price
Faculty Scholarship
No abstract provided.
Legal Indeterminacy In Insanity Cases: Clarifying Wrongfulness And Applying A Triadic Approach To Forensic Evaluations, Kate Bloch, Jeffery Gould
Legal Indeterminacy In Insanity Cases: Clarifying Wrongfulness And Applying A Triadic Approach To Forensic Evaluations, Kate Bloch, Jeffery Gould
Faculty Scholarship
No abstract provided.
Beyond Legality: Understanding The Legitimacy Of Executive Action In Immigration Law, Ming Hsu Chen
Beyond Legality: Understanding The Legitimacy Of Executive Action In Immigration Law, Ming Hsu Chen
Faculty Scholarship
No abstract provided.
Restorative Justice From The Margins To The Center: The Emergence Of A New Norm In School Discipline, Thalia Gonzalez
Restorative Justice From The Margins To The Center: The Emergence Of A New Norm In School Discipline, Thalia Gonzalez
Faculty Scholarship
No abstract provided.
Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar
Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar
Faculty Scholarship
No abstract provided.
Foreword: Legal Malpractice Is No Longer The Profession's Dirty Little Secret, Susan Saab Fortney
Foreword: Legal Malpractice Is No Longer The Profession's Dirty Little Secret, Susan Saab Fortney
Faculty Scholarship
In 1994, Professor Manuel R. Ramos published a law review article called, Legal Malpractice: The Profession's Dirty Little Secret. As suggested by the title, Professor Ramos argued that legal malpractice was a "taboo subject" that has been "ignored by the legal profession, law schools, mandatory continuing legal education ("CLE") programs, and even by scholarly and lay publications." Thirty years later, legal malpractice is an ever-present threat that lawyers cannot afford to ignore.
Blinding Prosecutors To Defendants’ Race: A Policy Proposal To Reduce Unconscious Bias In The Criminal Justice System, Sunita Sah, Christopher Robertson, Shima Baughman
Blinding Prosecutors To Defendants’ Race: A Policy Proposal To Reduce Unconscious Bias In The Criminal Justice System, Sunita Sah, Christopher Robertson, Shima Baughman
Faculty Scholarship
Racial minorities are disproportionately imprisoned in the United States. This disparity is unlikely to be due solely to differences in criminal behavior. Behavioral science research has documented that prosecutors harbor unconscious racial biases. These unconscious biases play a role whenever prosecutors exercise their broad discretion, such as in choosing what crimes to charge and when negotiating plea bargains. To reduce this risk of unconscious racial bias, we propose a policy change: Prosecutors should be blinded to the race of criminal defendants wherever feasible. This could be accomplished by removing information identifying or suggesting the defendant’s race from police dossiers shared …
Marriage Equality And The New Maternalism, Cynthia Godsoe
Marriage Equality And The New Maternalism, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
Abandoned Criminal Attempts: An Economic Analysis, Murat C. Mungan
Abandoned Criminal Attempts: An Economic Analysis, Murat C. Mungan
Faculty Scholarship
An attempt is 'abandoned' if the criminal, despite having a chance to continue with his criminal plan, forgoes the opportunity to do so. A regime that makes abandonment a defense to criminal attempts provides an incentive to the offender to withdraw from his criminal conduct prior to completing the previously intended offense. However, the same regime may induce offenders to initiate criminal plans more often by reducing the expected costs associated with such plans. The former effect is called the marginal deterrence effect and the latter is called the ex-ante deterrence effect of the abandonment defense. This Article formalizes a …
Regulation Or Resistance: A Counter-Narrative Of Constitutional Criminal Procedure, Alice Ristroph
Regulation Or Resistance: A Counter-Narrative Of Constitutional Criminal Procedure, Alice Ristroph
Faculty Scholarship
No abstract provided.