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Articles 2161 - 2190 of 2825
Full-Text Articles in Entire DC Network
A Former Alabama Appellate Judge's Perspective On The Mitigation Function In Capital Cases, William M. Bowen Jr.
A Former Alabama Appellate Judge's Perspective On The Mitigation Function In Capital Cases, William M. Bowen Jr.
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
The article, based on the author's eighteen years of service on the Alabama Court of Criminal Appeals, explicates how the collection and presentation of mitigation evidence in accordance with the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) and the Supplementary Guidelines that are the subject of this issue enable appellate courts to make reliable decisions in capital cases. Recounting his …
The Indispensable Role Of The Mitigation Specialist In A Capital Case: A View From The Federal Bench, Helen G. Berrigan
The Indispensable Role Of The Mitigation Specialist In A Capital Case: A View From The Federal Bench, Helen G. Berrigan
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
Writing from the perspective of a federal trial judge, the author, who is Chief Judge of the United States District Court for the Eastern District of Louisiana, describes the crucial importance of mitigation development in the trial of a capital case in accordance with the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) and the Supplementary Guidelines that are the subject …
Evolving Standards Of Decency: Advancing The Nature And Logic Of Capital Mitigation, Craig Haney
Evolving Standards Of Decency: Advancing The Nature And Logic Of Capital Mitigation, Craig Haney
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
The article builds on converging lines of research in the social sciences that have constructed a framework which conceptualizes the roots of violent behavior as extending beyond the personality or character structure of those people who perform it, connecting it historically to the brutalizing experiences they have commonly shared as well as the immediately precipitating situations in which their violence transpires.
The piece explains how to translate these insights into the collection and presentation of …
Mitigation Abroad: Preparing A Successful Case For Life For The Foreign National Client, Gregory J. Kuykendall, Alicia Amezcua-Rodriguez, Mark Warren
Mitigation Abroad: Preparing A Successful Case For Life For The Foreign National Client, Gregory J. Kuykendall, Alicia Amezcua-Rodriguez, Mark Warren
Hofstra Law Review
Many capital defendants are foreign nationals; their representation both presents special challenges and offers special opportunities. In accordance with the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) and the Supplementary Guidelines that are the subject of this issue, competent counsel must handle both effectively. Our article provides a detailed primer for accomplishing this.
A foreign country may acknowledge a person as a national on a basis that is not intuitively obvious to American counsel. If so, the person may be entitled to rights under both …
Using The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases To Change The Picture In Post-Conviction, Mark E. Olive, Russell Stetler
Using The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases To Change The Picture In Post-Conviction, Mark E. Olive, Russell Stetler
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
As the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) detail, success in capital post-conviction proceedings will depend not just on the quality of the legal arguments counsel advance but, probably more critically, on counsel's skill at changing the picture that has previously been presented. The old facts and legal arguments - those which resulted in a conviction and imposition of …
Religious Freedom In The Face Of Harsh State And Local Immigration Laws, Michael A. Scaperlanda
Religious Freedom In The Face Of Harsh State And Local Immigration Laws, Michael A. Scaperlanda
Faculty Articles
No abstract provided.
Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings, Russell D. Covey
Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings, Russell D. Covey
Faculty Publications By Year
The ubiquity of plea bargaining creates real concern that innocent defendants are occasionally, or perhaps even routinely, pleading guilty to avoid coercive trial sentences. Pleading guilty is a rational choice for defendants as long as prosecutors offer plea discounts so substantial that trial is not a rational strategy regardless of guilt or innocence. The long-recognized solution to this problem is to enforce limits on the size of the plea/trial sentencing differential. As a practical matter, however, discount limits are unenforceable if prosecutors retain ultimate discretion over charge selection and declination. Because the doctrine of prosecutorial charging discretion is immune to …
Grand Jury Discretion And Constitutional Design, Roger A. Fairfax Jr.
Grand Jury Discretion And Constitutional Design, Roger A. Fairfax Jr.
Cornell Law Review
No abstract provided.
Restitution And The Lacey Act: New Solutions, Old Remedies, Kenneth B. Meyer
Restitution And The Lacey Act: New Solutions, Old Remedies, Kenneth B. Meyer
Cornell Law Review
No abstract provided.
Prosecuting The Jena Six, Anthony V. Alfieri
Structure And Integrity, Susan Carle
Legal Ethics As Political Moralism Or The Morality Of Politics, W. Bradley Wendel
Legal Ethics As Political Moralism Or The Morality Of Politics, W. Bradley Wendel
Cornell Law Review
No abstract provided.
Government Support For Terrorism Insurance, Thomas Russell, Jeffrey E. Thomas
Government Support For Terrorism Insurance, Thomas Russell, Jeffrey E. Thomas
Connecticut Insurance Law Journal
No abstract provided.
The Criminalization Of Products Liability: An Invitation To Political Abuse, Preemption, And Non-Enforcement, Frank J. Vandall
The Criminalization Of Products Liability: An Invitation To Political Abuse, Preemption, And Non-Enforcement, Frank J. Vandall
Catholic University Law Review
No abstract provided.
America's Methamphetamine Crisis: Solving One Of America's Leading Drug Problems Through Child Abuse And Nuisance Laws, Maureen P. Smith
America's Methamphetamine Crisis: Solving One Of America's Leading Drug Problems Through Child Abuse And Nuisance Laws, Maureen P. Smith
Catholic University Law Review
No abstract provided.
Adam Walsh Child Protection And Safety Act Of 2006: Is There A Better Way To Tailor The Sentences For Juvenile Sex Offenders?, Britney Bowater
Adam Walsh Child Protection And Safety Act Of 2006: Is There A Better Way To Tailor The Sentences For Juvenile Sex Offenders?, Britney Bowater
Catholic University Law Review
No abstract provided.
The Uncertain Future Of School Desegregation And The Importance Of Goodwill, Good Sense, And A Misguided Decision, Derek W. Black
The Uncertain Future Of School Desegregation And The Importance Of Goodwill, Good Sense, And A Misguided Decision, Derek W. Black
Catholic University Law Review
No abstract provided.
Post-Conviction Access To Dna Testing: The Federal Government Does Not Offer An Adequate Solution, Leaving The States To Remedy The Situation, David A. Schumacher
Post-Conviction Access To Dna Testing: The Federal Government Does Not Offer An Adequate Solution, Leaving The States To Remedy The Situation, David A. Schumacher
Catholic University Law Review
No abstract provided.
Parallel Proceedings In The Post-Enron Era: The Duty To Warn And The Case For Abolishing The Government Misconduct Test, Peter N. Downing
Parallel Proceedings In The Post-Enron Era: The Duty To Warn And The Case For Abolishing The Government Misconduct Test, Peter N. Downing
Catholic University Law Review
No abstract provided.
Sexual And Gender Based Violence In Africa: Key Issues For Programming, Population Council
Sexual And Gender Based Violence In Africa: Key Issues For Programming, Population Council
Reproductive Health
The Population Council is supporting a multisectoral and multicountry network of partners dedicated to strengthening sexual and gender-based violence (SGBV) services. Initiated in 2006, the network aims to promote a comprehensive approach to preventing and managing SGBV throughout the region. The implementing partners aim to develop feasible, effective, and efficient models for a comprehensive response to the needs of SGBV survivors; strengthen services that address the health, psychological, and criminal justice consequences of violence; and reduce the determinants of violent behavior within communities. This brochure summarizes the key points of a literature review by the Population Council on SGBV designed …
International Legal Developments In Review: 2007 Public International Law International Health Law, Laurel R. Hyle, Afia K. Asamoah, Raymond T. Rufer
International Legal Developments In Review: 2007 Public International Law International Health Law, Laurel R. Hyle, Afia K. Asamoah, Raymond T. Rufer
The International Lawyer
No abstract provided.
Exercising Passive Personality Jurisdiction Over Combatants: A Theory In Need Of A Political Solution, Jensen Eric Talbot
Exercising Passive Personality Jurisdiction Over Combatants: A Theory In Need Of A Political Solution, Jensen Eric Talbot
The International Lawyer
No abstract provided.
Some Issues In Psychiatry, Psychology, And The Law, Renee L. Binder, Dale E. Mcniel
Some Issues In Psychiatry, Psychology, And The Law, Renee L. Binder, Dale E. Mcniel
UC Law Journal
This article reviews some issues in psychiatry, psychology, and the law with the goal of increasing understanding across disciplines. We compare how concepts such as certainty, probability, reliability, and validity are used across disciplines; e.g., psychiatrists and psychologists tend to think in terms of probabilities, whereas the legal system often prefers certainty because the resolution of disputes requires making absolute decisions such as whether a defendant is guilty or not. We describe special ethical issues that are associated with providing forensic mental health evaluations in contrast to providing treatment; e.g., compared to the treatment situation, confidentiality typically is much more …
Nebraska Gamblers Assistance Program Biennial Report Fiscal Years 2006-2007
Nebraska Gamblers Assistance Program Biennial Report Fiscal Years 2006-2007
University of Nebraska Public Policy Center: Publications
Table of Contents:
History of the GAP
Mission, Goals and Principles of the GAP
Service Components of the GAP
Work Force Development
Certification
Contract Management
Helpline
Voucher Program
Treatment
Increasing Demand
Monitoring Outcomes
Expenditures
Funding
Administration
The GAP’s Historical Administrative and Legislative Landmarks
Strategic Planning
Expansion of the GAP
Accomplishments
Program Evaluation
Focus Groups and Interviews
Helpline Data
Consumer Survey
Magellan Data Analysis
Cost Analysis Clinical Treatment
Magellan System and NOMs
APPENDIX A DHHS Administrative Contact Personnel
APPENDIX B State Advisory Committee on Problem Gambling
APPENDIX C Organizations Involved In Problem Gambling
APPENDIX D List of Providers - Prevention
APPENDIX …
What Does Documentary Filmmaking Have To Do With Practicing Law?, Peggy C. Davis
What Does Documentary Filmmaking Have To Do With Practicing Law?, Peggy C. Davis
Faculty Articles
The University of Maryland's 2008 Symposium on Documentary Film and the Law featured a screening and discussion of Omar and Pete, Tod Lending's compelling 2005 documentary of two men's efforts to return to their communities after serving substantial prison terms. In this essay, I compare narrative and cognitive strategies at work in Omar and Pete and those a lawyer might use in representing a person like Omar or Pete in a sentencing proceeding.
Rethinking Drug Inadmissibility, Nancy Morawetz
Rethinking Drug Inadmissibility, Nancy Morawetz
Faculty Articles
Changes in federal statutory policy, state criminal justice laws, and federal enforcement initiatives have led to an inflexible and zero-tolerance immigration policy with respect to minor drug use. This Article traces the evolution of the statutory scheme and how various provisions in state and federal law interact to create the current policy. It proceeds to investigate the broad reach of these rules if they are fully enforced, in light of the widespread lifetime experience with minor drug use both in the United States and abroad. Drawing on the experience of law enforcement agencies that have abandoned similarly rigid rules, the …
Paradigms Of Restraint, Erin E. Murphy
Paradigms Of Restraint, Erin E. Murphy
Faculty Articles
Incapacitation of dangerous individuals has conventionally entailed the exercise of physical control over an actual body: the state confines the person in jail. But advances in technology have changed that convention. A variety of new technologies—such as GPS tracking bracelets, biometric scanners, online offender indexes, and DNA databases—give the government power to control dangerous persons without relying on any exertion of physical control. The government can track the location of a person in real time, receive remote notification that an individual has ingested alcohol, or electronically zone someone into a home or out of a public park. It can prove …
Recidivism As Omission: A Relational Account , Youngjae Lee
Recidivism As Omission: A Relational Account , Youngjae Lee
Faculty Scholarship
Are repeat offenders more culpable than first-time offenders? In the United States, the most important determinant of punishment for a crime, other than the seriousness of the crime itself, is the offender's criminal history. Despite the popularity of the view that repeat offenders deserve to be treated more harshly than first-time offenders, there is no satisfactory retributivist account of the "recidivist premium." This Article advances a retributivist defense of the recidivist premium and proposes that the recidivist premium be thought of as punishment not, as sometimes suggested, for a defiant attitude or a bad character trait, but as punishment for …
Judicial Power And Moral Ideology In Wartime: Shaping The Legal Process In World War I Britain , Rachel Vorspan
Judicial Power And Moral Ideology In Wartime: Shaping The Legal Process In World War I Britain , Rachel Vorspan
Faculty Scholarship
Offering a cautionary lesson of contemporary significance, the Article suggests that judicial power is not in and of itself the solution to executive infringements on due process rights in wartime. It examines the response of the British judiciary to serious threats to its institutional power during the First World War. To facilitate prosecution of the war, the government narrowed the jurisdiction of the traditional courts by eliminating jury trial, subjecting civilians to court-martial, and establishing new administrative tribunals to displace the traditional courts. Rather than remaining passive and deferential to the executive, as scholars have generally assumed, the judges moved …