Digital Commons Network^™

Making The Constitutional Cut: Evaluating New York's Death Penalty Statute In Light Of The Supreme Court's Capital Punishment Mandates, Jason M. Schoenberg

Journal of Law and Policy

No abstract provided.

Discussant, “1998 Otto L. Walter Lecture: Justice Richard J. Goldstone, International Human Rights At Century’S End.”, Ruti G. Teitel

Articles & Chapters

No abstract provided.

Why Liberals Should Chuck The Exclusionary Rule, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article makes the case against the exclusionary rule from a "liberal" perspective. Moving beyond the inconclusive empirical data on the efficacy of the rule, it uses behavioral and motivational theory to demonstrate why the rule is structurally unable to deter individual police officers from performing most unconstitutional searches and seizures. It also argues, contrary to liberal dogma, that the rule is poor at promoting Fourth Amendment values at the systemic, departmental level. Finally, the article contends that the rule stultifies liberal interpretation of the Fourth Amendment, in large part because of judicial heuristics that grow out of constant exposure …

Plus Ca Change . . . Or If Hard Cases Make Bad Law, What Do Bad Cases Make?, Suzanna Sherry

Vanderbilt Law School Faculty Publications

This article is part of a symposium on constitutional law, the theme of which is to explore real constitutional issues deriving from specific cases within a fictional exercise. These cases, all taken from the historical record, are described as they were litigated but with imaginary elements (such as changes in fact or outcome) designed to explore the constitutional ramifications of an altered history. Thus, each altered history represents "a road not taken" in legal jurisprudence, and in the manner of chaos theory, suggests how constitutional law today (if not reality itself) might appear once specific details of the historical record …

The Metrics Of Constitutional Amendments: And Why Proposed Environmental Quality Amendments Don't Measure Up, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article builds a model of federal constitutional amendments using proposed environmental quality rights amendments as a case study. I argue that environmental quality rights amendments are unworkable and violate the underpinnings of federal constitutional design.

The American Criminal Jury, Nancy J. King

Vanderbilt Law School Faculty Publications

As juries become both less common and more expensive, some have questioned the wisdom of preserving the criminal jury in its present form. The benefits of the jury are difficult to quantify, but jury verdicts continue to earn widespread acceptance by the public and trial by jury remains a cherished right of most Americans. In any event, many basic features of the criminal jury in the United States cannot be modified without either constitutional amendment or radical reinterpretations of the Bill of Rights. Judges and legislators continue to tinker within constitutional confines, some hoping to improve the jury trial by …

Setting An Agenda For A Study Of Tax And Black Culture, Beverly I. Moran

Vanderbilt Law School Faculty Publications

At present the Internal Revenue Code unthinkingly reflects many aspects of white culture including historical opportunities that whites have received for wealth building and marriage. In order for the federal tax laws to tax fairly all cultures within the purview of taxation must also find their values reflected. The article sets out how the tax laws might begin to incorporate black culture.

“Murder Not Then The Fruit Within My Womb”: Shakespeare’S Joan, Foxe’S Guernsey Martyr, And Women Pleading Pregnancy In Early Modern English History And Culture, Carole Levin

Quidditas

When the character Joan La Pucelle has been captured and is brought before Warwick and York to be condemned at the end of Shakespeare's 1 Henry VI, she at first denies her shepherd father and proclaims both her noble birth and her virginity. She claims that she is issue “from the progeny of kings; virtuous and holy,” and adds proudly, “Joan of Arc hath been a virgin from her tender infancy,/ Chaste and immaculate in very thought” (5.4.38–39, 50–51). These assertions do not, however, impress York and Warwick, who order her to be taken away to her execution. At …

Victims' Rights: Rethinking Our "Adversary System", William T. Pizzi

Utah Law Review

Victims are very angry at the treatment they receive in our criminal justice system and I have tried to show that they have a right to be angry. Unfortunately, anger is not a good basis on which to make important public policy decisions and it contributes to the increasing harshness we see in our system. Crime is a serious problem in all western countries and politicians have to get elected in these countries as well. But we need to ask ourselves why judges and lawyers in other countries have been more successful in fending off calls for the death penalty, …

The Privilege's Last Stand: The Privilege Against Self-Incrimination And The Right To Rebel Against The State, Michael S. Green

Faculty Publications

No abstract provided.

How Much Justice Hangs In The Balance? A New Look At Hung Jury Rates, Paula Hannaford-Agor, Valerie P. Hans, G. Thomas Munsterman

Faculty Publications

This article discusses what is currently known about hung juries based on exist­ing empirical research and examines some preliminary data about the contempo­rary incidence of hung juries in the federal courts and several state courts. The paucity of information on hung jury rates highlights the need for a rigor­ous and system-wide examination that extends beyond the scope of the jury itself and encompasses the insti­tutional characteristics of each juris­diction and how those characteristics affect the types of cases that are pre­sented to juries.

This abstract has been taken from the authors' introduction.

The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula Hannaford-Agor, G. Thomas Munsterman

Faculty Publications

In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines and evaluates the theoretical, legal, and policy issues raised by this reform and presents the early results of a field experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experi­ences, and reactions during trial as well as what they perceived to be the benefits and drawbacks of juror discussions. The data revealed that the majority …

Redefining The State's Response To Domestic Violence: Past Victories And Future Challenges, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

What role should the state play in the fight against domestic violence? Although most activists in the early domestic abuse movement viewed government institutions with a robust dose of suspicion, over time they began to look to the state for substantial assistance. During this period-the late sixties and seventies-increased hope for a positive governmental role appeared to be well-founded. The civil rights, feminist, and labor movements had pushed the federal government into expanding civil liberty guarantees and economic protections. Laws were enacted prohibiting sex- and race-based discrimination, health care got a strong boost through the creation of Medicaid and Medicare, …

Narrative And Client-Centered Representation: What Is A True Believer To Do When His Two Favorite Theories Collide?, John B. Mitchell

Clinical Law Review

By nature I am a somewhat skeptical person. I do not trust much of what is in the papers, except perhaps the box scores contained in the sports section. Nor am I tempted to send away $19.95 plus shipping and handling for some cream which, when rubbed over the surface of my faded and rust-pitted car, is promised to magically restore the paint to its original condition. Yet when it comes to theories of Narrative and Client-Centered Representation, I believe with all my heart and soul. In fact, it is probably fair to say that these theories provide the two …

Unwritten Laws And Customs, Local Legal Cultures, And Clinical Legal Education, Andrea M. Seielstad

Clinical Law Review

As a clinical teacher I have the opportunity each semester to witness third-year law students discover, in many cases for the first time in their lives, what it means to be a practitioner of law. Through representation of real clients, student interns have the opportunity to engage in a variety of typical lawyering activities, such as interviewing and counseling of clients and witnesses, case planning, preparation of written pleadings and other documents, negotiation, and trial advocacy. Informed by a law school education that emphasizes the litigation process and the study of the written law, including certain areas of substantive law …

Victims' Rights: Rethinking Our "Adversary System", William T. Pizzi

Publications

No abstract provided.

Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White

Publications

No abstract provided.

Retribution And The Secondary Aims Of Punishment, Gerard V. Bradley

Journal Articles

Punishing criminals involves more than visiting unwelcome experiences–the rack, the gallows, confinement, sitting in a corner–upon them. Privations such as these constitute the behavioral substratum, the raw material of punishment. But behaviors such as confinement become the acts that they are, including acts of punishment by confinement, according to the justifying aim(s) which suffuse(s) the behavior. For behaviors such as confinement are ambiguous; limiting another's freedom of movement may be constitutive of a number of different human acts, including quarantine, kidnapping, institutionalization, and imprisonment for crime. Same behavior, different acts. Each of the ends of punishment shapes privations imposed upon …

The Granite, 1999, University Of New Hampshire

The Granite – Yearbook

The yearbook of the New Hampshire College of Agriculture and the Mechanic Arts, 1909-1922, the University of New Hampshire, 1923-

The Institute Of Bill Of Rights Law, Institute Of Bill Of Rights Law At The William & Mary Law School

IBRL History

No abstract provided.

Monopolistic Land Tenure And Free Trade In Mexico: Resurrecting The Ghost Of Porfirian Economics, Lola Clayton Rainey

American Indian Law Review

No abstract provided.

Bullying In Montana's K-8 Schools, Joe Fontana

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Restorative Justice: A Conceptual Framework, Jennifer Llewellyn, Robert L. Howse

Reports & Public Policy Documents

Restorative justice has become a fashionable term both in Canadian and foreign legal and social policy discourse. Restorative justice is certainly not a new idea. In fact, it is foundational to our very ideas about law and conflict resolution. There is, nevertheless, a lack of clarity about the meaning of this term. Often it is used as a catchall phrase to refer to any practice which does not look like the mainstream practice of the administration of justice, particularly in the area of criminal justice. Little attention has been spent attempting to articulate what distinguishes a practice as restorative. Rather, …

Book Review Of War Crimes: Brutality, Genocide, Terror, And The Struggle For Justice By Aryeh Neier, Ruti G. Teitel

Other Publications

No abstract provided.

Revisiting Victim's Rights, Lynne Henderson

Utah Law Review

In a 1982 referendum, the voters of California approved Proposition 8-the first state "victim's rights" amendment-revising a number, of provisions of the California Constitution. I wrote The Wrongs of Victim's Rights in response to that referendum and the Reagan Administration's Task Force on Victims of Crime Final Report. At the time I wrote the article, I had recently been a victim of a violent rape committed by a burglar; I had had two friends murdered in separate killings; and I knew others who had had family members killed, as well as many friends who were victims of other crimes. I …

Narrative And Client-Centered Representation: What Is A True Believer To Do When His Two Favorite Theories Collide?, John B. Mitchell

Faculty Articles

Professor Mitchell illustrates that Client-centered Representation does not simplistically reduce to a single admonition: Tell the client's story. The concept is far more nuanced than that. It incorporates a constellation of ideas. Listen to the client's story. Hear what they want. Try to be creative about ways to tell the story. Look for opportunities to bring their story into the legal process. At the same time, the attorney must join together to discuss any risks and problems which may result from various strategic choices, including the risks in even telling the story and whether those risks are worth it to …

Bulletin 1999-2000, Seattle University School Of Law

Viewbooks

No abstract provided.

The Darkest Domain: Deference, Judicial Review, And The Bill Of Rights, Daniel J. Solove

GW Law Faculty Publications & Other Works

Deference presents one of the greatest threats to liberalism in the modern age, undermining judicial review for fundamental constitutional rights such as freedom of speech, freedom of religion, and due process. In contrast to existing critiques which dismiss deference as an ideological tool wielded by conservative judges, this article explores deference more systematically and rigorously, addressing it at its conceptual underpinnings. Deference has a strong conceptual backbone rooted in the long-accepted principle that the judiciary must avoid doing what was done in Lochner - the substitution of judicial judgment for that of the policymaker or legislature. The article argues that …

School-Based Juvenile Boot Camps: Evaluating Specialized Treatment And Rehabilitation (Star), Chad R. Trulson, Ruth Triplett

Sociology & Criminal Justice Faculty Publications

Implemented in Montgomery County, Texas, STAR deviates from traditional boot camps in a variety of ways. The program is closely coupled with school jurisdictions, the juvenile court, and correctional authorities. In addition, the program is non-residential and serves status, misdemeanor, and felony juvenile offenders and mandates parental participation. STAR was initiated to address several goals: enable individuals to remain in school while reducing their disruptive behavior, use school expulsion as a last resort, improve the academic performance of participants, coordinate a joint effort between juvenile authorities and school jurisdictions, instill a sense of pride and discipline in participants, and reduce …

Cooperation With Federal Prosecutors: Experiences Of Truth Telling And Embellishment, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

No abstract provided.