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Articles 1771 - 1800 of 2645
Full-Text Articles in Entire DC Network
Congress Should Engage In Sentencing Review: Some Ideas For The 111th Congress, Lisa A. Rich
Congress Should Engage In Sentencing Review: Some Ideas For The 111th Congress, Lisa A. Rich
Faculty Scholarship
Since the Booker decision, Congress has demonstrated, for the most part, remarkable restraint against "tinkering" with the system, a fact owed in large measure to the efforts of the United States Sentencing Commission to keep Congress informed about federal sentencing trends. The Commission has done an admirable job in turning around its data collection, analysis, and reporting functions to provide Congress, and the entire criminal justice system, with useful statistics and information that suggest the system is not falling apart. For example, the Commission's efforts demonstrate, as Frank Bowman noted, that the average sentence in federal cases did rise between …
Domestic Violence Law Reform In The Twenty-First Century: Looking Back An Looking Forward, Elizabeth M. Schneider
Domestic Violence Law Reform In The Twenty-First Century: Looking Back An Looking Forward, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja Starr
Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja Starr
Faculty Scholarship
Current remedies for prosecutorial misconduct, such as reversal of conviction or dismissal of charges, are rarely granted by courts and thus do not deter prosecutors effectively. Further, such all-or-nothing remedial schemes are often problematic from corrective and expressive perspectives, especially when misconduct has not affected the trial verdict. When granted, such remedies produce windfalls to guilty defendants and provoke public re-sentment, undermining their expressive value in condemning misconduct. To avoid such windfalls, courts must refuse to grant any remedy at all, either re-fusing to recognize violations or deeming them harmless. This often leaves significant non-conviction-related harms unremedied and egregious prosecu-torial …
Insuring Corporate Crime, Miriam Baer
State Intentions And The Law Of Punishment, Alice Ristroph
State Intentions And The Law Of Punishment, Alice Ristroph
Faculty Scholarship
No abstract provided.
Eyewitness Identification Reform In Massachusetts, Stanley Z. Fisher
Eyewitness Identification Reform In Massachusetts, Stanley Z. Fisher
Faculty Scholarship
This article traces the impact of the new scientific learning upon police eyewitness identification procedures in the Commonwealth of Massachusetts. Over the past 25 years, experimental psychologists have devised more reliable techniques for gathering eyewitness identification evidence than have been traditionally used by police. Massachusetts has over 350 autonomous municipal police departments, plus approximately 39 college campus police departments, the state police, and the MBTA (transit) Police Department. The decision how to investigate crime rests principally with the police chief responsible for each department. How does such a system of policing absorb new, scientifically superior methods of investigation?
Misplaced Jurisdiction, Kevin Washburn
Misplaced Jurisdiction, Kevin Washburn
Faculty Scholarship
Interview discussing felonies and jurisdiction on Tribal land.
Using Actual Legal Work To Teach Legal Research And Writing, Michael A. Millemann
Using Actual Legal Work To Teach Legal Research And Writing, Michael A. Millemann
Faculty Scholarship
Legal research and writing (LRW) teachers should use actual legal work to teach their courses, including (indeed, especially) first-year courses. The legal work might come from a planned or ongoing lawsuit, transaction, or other matter. What is important is that it is real, although in my model, the teacher can add hypothetical features to customize the legal work to the particular LRW course. For example, in an appellate advocacy course, the teacher could present the legal issues arising out of a pretrial matter by summarily “deciding” them in a hypothetical trial court opinion, thus allowing the students to fully explore …
Rethinking "Effective Remedies": Remedial Deterrence In International Courts, Sonja Starr
Rethinking "Effective Remedies": Remedial Deterrence In International Courts, Sonja Starr
Faculty Scholarship
One of the bedrock principles of contemporary international law is that victims of human rights violations have a right to an “effective remedy.” International courts usually hold that effective remedies must at least make the victim whole, and they sometimes adopt even stronger remedial rules for particular categories of human rights violations. Moreover, courts have refused to permit departure from these rules on the basis of competing social interests. Human rights scholars have not questioned this approach, frequently pushing for even stronger judicial remedies for rights violations. Yet in many cases, strong and inflexible remedial rules can perversely undermine human …
Professional Responsibility In Crisis, Douglas L. Colbert
Professional Responsibility In Crisis, Douglas L. Colbert
Faculty Scholarship
Some rare, often catastrophic, events present in stark terms a need for careful reflection over the role of attorneys in our society and their ethical duties as members of the legal profession. The devastation caused by both Hurricane Katrina in 2005 and the terrorist attacks on September 11, 2001 certainly falls within this category. Professor Colbert uses these events as a backdrop to examine the legal profession’s ethical obligation when crisis compromises the most basic elements of our system of justice. Acknowledging that numerous members of the bar and thousands of volunteer law students courageously stepped forward in those challenging …
Conversations On "Community Lawyering:" The Newest (Oldest) Wave In Clinical Legal Education, Karen Tokarz, Nancy L. Cook, Susan Brooks, Brenda Bratton Blom
Conversations On "Community Lawyering:" The Newest (Oldest) Wave In Clinical Legal Education, Karen Tokarz, Nancy L. Cook, Susan Brooks, Brenda Bratton Blom
Faculty Scholarship
This Article explores the pedagogical and professional challenges and rewards of community lawyering and clinical legal education. The authors are clinical law faculty who self-identify as community lawyers and teachers of community lawyering clinics. They have gathered in recent years with a larger group of similarly engaged colleagues to discuss what is meant by community lawyering, how it is taught, and how it is practiced. This Article seeks to capture some of those conversations, crystallize some of the ideas that have arisen out of the discussions, and examine the implications of these ruminations for future directions in clinical legal education.
What Documentary Films Teach Us About The Criminal Justice System - Introduction, Taunya Lovell Banks
What Documentary Films Teach Us About The Criminal Justice System - Introduction, Taunya Lovell Banks
Faculty Scholarship
Film . . . has been used effectively to shape public perceptions about the criminal justice system. . . . [and] the documentary form has power to convict or release a defendant, as well as to disclose the positive and negative aspects of the criminal justice system. . . . Three articles on this subject appear in this issue of the UNIVERSITY OF MARYLAND LAW JOURNAL OF RACE, RELIGION, GENDER AND CLASS and add to this body of scholarship. . . .Our goal was to foster a series of dialogues among and between a number of individuals: filmmakers....
When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh S. Goodmark
When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Crime, Legitimacy, And Testilying, Bennett Capers
Crime, Legitimacy, And Testilying, Bennett Capers
Faculty Scholarship
No abstract provided.
American Indians, Crime And The Law: Five Years Of Scholarship On Criminal Justice In Indian Country, Kevin Washburn
American Indians, Crime And The Law: Five Years Of Scholarship On Criminal Justice In Indian Country, Kevin Washburn
Faculty Scholarship
Opening remarks.
Emeritus Lawsuits: Much Ado About Nothing?, Robert M. Jarvis
Emeritus Lawsuits: Much Ado About Nothing?, Robert M. Jarvis
Faculty Scholarship
Robert Jarvis, Emeritus Lawsuits: Much Ado About Nothing?, 9 Nevada Law Journal 63 (2008).
Judging Innocence, Brandon L. Garrett
Judging Innocence, Brandon L. Garrett
Faculty Scholarship
This empirical study examines for the first time how the criminal justice system in the United States handled the cases of people who were subsequently found innocent through postconviction DNA testing. The data collected tell the story of this unique group of exonerees, starting with their criminal trials, moving through levels of direct appeals and habeas corpus review, and ending with their eventual exonerations. Beginning with the trials of these exonerees, this study examines the leading types of evidence supporting their wrongful convictions, which were erroneous eyewitness identifications, forensic evidence, informant testimony, and false confessions. Yet our system of criminal …
Linkage And The Deterrence Of Corporate Fraud, Miriam H. Baer
Linkage And The Deterrence Of Corporate Fraud, Miriam H. Baer
Faculty Scholarship
Corporate fraud is often presumed to be the type of crime that can be deterred. Those who embrace deterrence as a goal of law enforcement, however, often ignore the tradeoffs between the deterrence of potential offenders and the deterrence of those "mid-fraud perpetrators" who are already mid-way through illicit schemes when the government announces a change in policy. Unlike potential offenders, mid-fraud perpetrators have no incentive to cease criminal conduct in response to increases in sanctions or likelihood of detection. This is true because a "link" exists between the offenders' cessation of future misconduct and the probability that their prior …
Competing Legal Cultures And Legal Reform: The Battle Of Chile, James Cooper
Competing Legal Cultures And Legal Reform: The Battle Of Chile, James Cooper
Faculty Scholarship
This Article explores the competition that exists between U.S. and German legal cultures and examines Chilean legal reform efforts since the late 1990s as a case study of this competition. A country's legal culture is comprised of the self-governing rules and operations of national and regional bar associations, the format of legal education, the structure of the legal and judicial profession, the role of the judiciary, jurisprudential style, and the reputation of the legal sector according to the general public. The influence of predominant legal cultures on developing nations has been explored in a number of contexts, while the importance …
Proyecto Acceso: The Use Of Popular Culture To Build The Rule Of Law In Latin America, James Cooper
Proyecto Acceso: The Use Of Popular Culture To Build The Rule Of Law In Latin America, James Cooper
Faculty Scholarship
This article is about developing the rule of law in Latin America using popular popular culture and modeling the United States' experience.
Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre
Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre
Faculty Scholarship
No abstract provided.
Rabenmutter And The Glass Ceiling: An Analysis Of Role Conflict Experienced By Women Lawyers In Germany As Compared With Women Lawyers In The United States, Jacquelyn H. Slotkin
Rabenmutter And The Glass Ceiling: An Analysis Of Role Conflict Experienced By Women Lawyers In Germany As Compared With Women Lawyers In The United States, Jacquelyn H. Slotkin
Faculty Scholarship
The purpose of this article is to analyze and compare women lawyers in Germany with women lawyers in the United States: their legal education, gender proportion in the legal profession, work opportunities, satisfaction with professional choices, and role conflicts. 22 Part I of this article will describe Germany's legal education and compare it with U.S. legal education. Part II will review the literature and issues relevant to German women lawyers as compared with U.S. women lawyers and will summarize and analyze how societal attitudes have affected women's choices in Germany and in the United States. Part III will compare demographic …
In Re Gault And The Promise Of Systemic Reform, Kate Kruse
In Re Gault And The Promise Of Systemic Reform, Kate Kruse
Faculty Scholarship
The right to counsel for juveniles in delinquency cases that the Supreme Court declared in In re Gault can be seen as an effort at systemic reform - a purposeful alteration of the structure, procedure, or resources of a law-administering system that aims to better align the system's operation with the principles or ideals on which it is based. Although the Court articulated the benefits of counsel in terms of individual representation, juvenile defenders are increasingly called upon to expand their role to include broader forms of advocacy aimed at reforming juvenile justice system practice and procedure. The predominant stakeholder …
Without A Doubt, A Sharp And Radical Departure: The Minnesota Supreme Court’S Decision To Change Plain Error Review Of Unobjected-To Prosecutorial Error In State V. Ramsey, James Morrow, Joshua R. Larson
Without A Doubt, A Sharp And Radical Departure: The Minnesota Supreme Court’S Decision To Change Plain Error Review Of Unobjected-To Prosecutorial Error In State V. Ramsey, James Morrow, Joshua R. Larson
Faculty Scholarship
No abstract provided.
Insuring Corporate Crime, Miriam H. Baer
Insuring Corporate Crime, Miriam H. Baer
Faculty Scholarship
Corporate criminal liability has become an important and much-talked about topic. This Article argues that entity-based liability - particularly the manner in which it is currently applied by the federal government - creates social costs in excess of its benefits. To help companies better deter employee crime, the Article suggests the abolition of entity-wide criminal liability, and in its place, the adoption of an insurance system, whereby carriers would examine corporate compliance programs, estimate the risk that a corporation's employees would commit crimes, and then charge companies for insuring those risks. The insurance would cover the entity's civil penalties associated …
Symposium: Cruel And Unusual Punishment: Litigating Under The Eighth Amendment: Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay
Symposium: Cruel And Unusual Punishment: Litigating Under The Eighth Amendment: Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay
Faculty Scholarship
Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to constitutional regulation of governmental treatment of even those who have broken society’s rules. And accordingly, most of our prisons and jails are run by committed professionals who care about prisoner welfare and constitutional compliance. At the same time, for prisons—closed institutions holding an ever-growing disempowered population—most of the methods by which we, as a polity, foster government accountability and equality among citizens are unavailable or at least not currently practiced. In the absence of other levers by which …
Why Plea-Bargaining Fails To Achieve Results In So Many Criminal Justice Systems: A New Framework For Assessment, Nuno Garoupa, Frank H. Stephen
Why Plea-Bargaining Fails To Achieve Results In So Many Criminal Justice Systems: A New Framework For Assessment, Nuno Garoupa, Frank H. Stephen
Faculty Scholarship
The myth of American exceptionalism in the matter of plea-bargaining is certainly by now quite untrue. In addition to forming an important part of criminal procedure in the United Kingdom, plea-bargaining has been transplanted to several civil law countries such as France and Italy. Informal versions, based on non-trial settlement, have been observed in Germany, Belgium, the Netherlands, and around the world. The Law and Economics literature on plea-bargaining views it as an efficient instrument of criminal procedure because it reduces enforcement costs (for both parties) and allows the prosecutor to concentrate on more meritorious cases. Yet the success of …
The Scope Of Criminal Law And Criminal Sanctions: An Economic View And Policy Implications, Roger Bowles, Michael Faure, Nuno Garoupa
The Scope Of Criminal Law And Criminal Sanctions: An Economic View And Policy Implications, Roger Bowles, Michael Faure, Nuno Garoupa
Faculty Scholarship
This paper considers why some harm-generating activities are controlled by criminal law and criminal sanctions while others are subject to some other mechanism such as civil law, administrative law, regulation or the tax system. It looks at the question from the perspective of the law and economics approach. We seek to identify the comparative benefits of using the criminal law relative to other enforcement mechanisms and--more broadly--why certain specific behaviours are criminalized. The paper argues that an economic approach emphasizing the relative merits of alternative legal instruments for bringing about harm reduction can provide an explanation for a number of …
Claiming Innocence, Brandon L. Garrett
Claiming Innocence, Brandon L. Garrett
Faculty Scholarship
The advent of DNA testing technology almost two decades ago transformed how courts review claims of innocence. Our system discarded many of the rules of finality that traditionally barred most postconviction claims of innocence. In recent years almost every state enacted post-conviction DNA statutes, which I survey here. Yet our criminal system still remains at a crossroads and meritorious claims of innocence continue to face great obstacles. State statutes typically exclude entire categories of convicts who might convincingly prove their innocence and state courts often deny access to DNA testing. Meanwhile, the Supreme Court has yet to adopt a constitutional …
The Upside Of Overbreadth, Samuel W. Buell
The Upside Of Overbreadth, Samuel W. Buell
Faculty Scholarship
Overbreadth in criminal liability rules, especially in federal law, is abundant and much lamented. Overbreadth is avoidable if it results from normative mistakes about how much conduct to criminalize or from insufficient care to limit open texture in statutes. Social planners cannot so easily avoid overbreadth if they cannot reach behaviors for which criminalization is well justified without also reaching behaviors for which it is not. This mismatch problem is acute if persons engaging in properly criminalized behaviors deliberately alter their conduct to avoid punishment and have resources to devote to avoidance efforts. In response to such efforts, legal actors …