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Articles 1591 - 1620 of 3339
Full-Text Articles in Entire DC Network
Representational Competence: Defining The Limits Of The Right To Self-Representation At Trial, E. Lea Johnston
Representational Competence: Defining The Limits Of The Right To Self-Representation At Trial, E. Lea Johnston
UF Law Faculty Publications
In 2008, the Supreme Court held that the Sixth Amendment permits a trial court to impose a higher competence standard for self-representation than to stand trial. The Court declined to delineate a permissible representational competence standard but indicated that findings of incompetence based on a lack of decisionmaking ability would withstand constitutional scrutiny. To date, no court or commentator has suggested a comprehensive competence standard to address the particular decisional context of self-representation at trial. Conceptualizing self-representation as an exercise in problem solving, this Article draws upon social problem-solving theory to identify abilities necessary for autonomous decisionmaking. The Article develops …
Judicial Sentencing Discretion Post-Booker: Are Judges Getting A Distorted View Through The Lens Of Social Networking Sites?, Christina R. Weatherford
Judicial Sentencing Discretion Post-Booker: Are Judges Getting A Distorted View Through The Lens Of Social Networking Sites?, Christina R. Weatherford
Georgia State University Law Review
Jessica Binkerd, a graduate of the University of California, Santa Barbara, probably never imagined that pictures taken from her MySpace website would one day help send her to jail. Regrettably, that is exactly what happened. On August 6, 2006, Binkerd was driving her co-worker, twenty-five-year-old Alex Baer, home from a party when she swerved into oncoming traffic and collided with another car. Unfortunately, Baer did not survive the accident. Binkerd’s blood alcohol level was more than twice the legal limit. Binkerd was subsequently charged and convicted of vehicular manslaughter without gross negligence and driving under the influence of alcohol causing …
Pledge Your Body For Your Bread: Welfare, Drug Testing, And The Inferior Fourth Amendment, Jordan C. Budd
Pledge Your Body For Your Bread: Welfare, Drug Testing, And The Inferior Fourth Amendment, Jordan C. Budd
William & Mary Bill of Rights Journal
Proposals to subject welfare recipients to periodic drug testing have emerged over the last three years as a significant legislative trend across the United States. Since 2007, over half of the states have considered bills requiring aid recipients to submit to invasive extraction procedures as an ongoing condition of public assistance. The vast majority of the legislation imposes testing without regard to suspected drug use, reflecting the implicit assumption that the poor are inherently predisposed to culpable conduct and thus may be subject to class-based intrusions that would be inarguably impermissible if inflicted on the less destitute. These proposals are …
Guns, Crime Control, And A Systemic Approach To Federal Sentencing, David E. Patton
Guns, Crime Control, And A Systemic Approach To Federal Sentencing, David E. Patton
Cardozo Law Review
Recent scholarship about the role of sentencing reform in reducing high levels of incarceration has focused on evidence-based, offender-specific solutions, such as how to better assess offenders' risk of recidivism and their amenability to diversionary programs. This Article proposes a new, systemic approach. In particular, it suggests that in cases where the primary rationale for steep sentences is crime reduction, as opposed to retributive notions of harm and blameworthiness, judges ought to engage in an evidence-based examination of how the government is making "use" of the sentences it seeks in its law enforcement efforts. And where the government's efforts fall …
The Law Of Religious Liberty In A Tolerant Society, Brian Leiter
The Law Of Religious Liberty In A Tolerant Society, Brian Leiter
Public Law and Legal Theory Working Papers
No abstract provided.
Is Silence Still Golden? The Implications Of Berghuis V. Thompkins On The Right To Remain Silent, Brigitte Mills
Is Silence Still Golden? The Implications Of Berghuis V. Thompkins On The Right To Remain Silent, Brigitte Mills
Loyola of Los Angeles Law Review
No abstract provided.
Alaska Justice Forum ; Vol. 28, No. 1 (Spring 2011), Brad A. Myrstol, N/A Uaa Justice Center
Alaska Justice Forum ; Vol. 28, No. 1 (Spring 2011), Brad A. Myrstol, N/A Uaa Justice Center
Vols 21-30 (2004-2014)
The Spring 2011 issue of the Alaska Justice Forum features articles on Anchorage residents' perceptions of Anchorage Police Department, Internet crime in the U.S. and Alaska, and Internet crimes against children.
State Cooperation & The International Criminal Court: A Role For The United States?, Beth Van Schaack
State Cooperation & The International Criminal Court: A Role For The United States?, Beth Van Schaack
Faculty Publications
This article appeared in a white paper from the American Society of International Law on the relationship between the United States and the International Criminal Court in the post-Kampala Review Conference period. This article is premised on the recognition that (1) the International Criminal Court is almost entirely dependent on State cooperation to effectuate its mandate to bring to justice individuals responsible for committing "the most serious crimes of concern to the international community as a whole" and (2) cooperation is central to the evolving relationship between the ICC and the United States.
Notwithstanding the rapprochement between the ICC and …
Critical Collaborations: An Information Literacy Across The Curriculum Project, Sheila Beck, Devin Mckay
Critical Collaborations: An Information Literacy Across The Curriculum Project, Sheila Beck, Devin Mckay
Publications and Research
The article focuses on a collaborative project aimed at investigating the effect of integrating four classroom assignments from different disciplines with critical thinking skills. Entitled "Collaboration and Information: Critical Thinking Skills Across Curriculum," the different goals of the project include having the students understand what information is, the type of information needed and its appropriateness, and the application of research skills using critical thinking. In this study, it has been demonstrated that the greater the breadth and depth of responses to the scenario, the greater the research process skills.
In Defense Of Noncapital Habeas: A Response To Hoffmann And King, John H. Blume, Sheri Lynn Johnson, Keir M. Weyble
In Defense Of Noncapital Habeas: A Response To Hoffmann And King, John H. Blume, Sheri Lynn Johnson, Keir M. Weyble
Cornell Law Faculty Publications
For decades, federal habeas corpus review of state court judgments has generated wide-ranging, sometimes heated, debate among judges, policymakers, and scholars. In their 2009 Essay, Rethinking the Federal Role in State Criminal Justice, Professors Joseph L. Hoffmann and Nancy J. King added their voices to the exchange, contending that federal habeas corpus review of noncapital state court convictions and sentences should, with narrow exceptions, be abolished. They contend that the expenditure of money, time, and effort necessary to provide review in such cases is no longer justifiable and that those resources should be redirected to creating a federal initiative for …
Berghuis V. Smith: Continuing Ambiguity In Fair-Cross-Section Claims, Natalie A. Pifer
Berghuis V. Smith: Continuing Ambiguity In Fair-Cross-Section Claims, Natalie A. Pifer
Loyola of Los Angeles Law Review
No abstract provided.
United States V. Comstock: The Next Chapter In The Struggle Between State And Congressional Power, Lauren Kulpa
United States V. Comstock: The Next Chapter In The Struggle Between State And Congressional Power, Lauren Kulpa
Loyola of Los Angeles Law Review
No abstract provided.
Justice Stevens And The Obligations Of Judgment, David E. Pozen
Justice Stevens And The Obligations Of Judgment, David E. Pozen
Loyola of Los Angeles Law Review
No abstract provided.
Beanballs And Baseball: Private Remedies Vs. Criminal Sanctions For Violence In Baseball, Kelli Amanda Metzger Knerr
Beanballs And Baseball: Private Remedies Vs. Criminal Sanctions For Violence In Baseball, Kelli Amanda Metzger Knerr
Penn State Law Review (2003 - Present)
No abstract provided.
Making The Best Of Felony Murder, Guyora Binder
Making The Best Of Felony Murder, Guyora Binder
Journal Articles
Although scorned as irrational by academics, the felony murder doctrine persists as part of our law. It is therefore important that criminal law theory show how the felony murder doctrine can be best justified, and confined within its justifying principles. To that end, this Article seeks to make the best of American felony murder laws by identifying a principle of justice that explains as much existing law as possible, and provides a criterion for reforming the rest. Drawing on the moral intuition that blame for harm is properly affected by the actor’s aims as well as the actor’s expectations, this …
The Parthenon, March 1, 2011, Marshall University
Deal Or No Deal: Why Courts Should Allow Defendants To Present Evidence That They Rejected Favorable Plea Bargains, Colin Miller
Deal Or No Deal: Why Courts Should Allow Defendants To Present Evidence That They Rejected Favorable Plea Bargains, Colin Miller
Faculty Publications
No abstract provided.
Just Add Women And Stir?, Sahana Dharmapuri
Just Add Women And Stir?, Sahana Dharmapuri
The US Army War College Quarterly: Parameters
No abstract provided.
National Consensus, Retributive Theory, And Foundations Of Justice And Morality In Eighth Amendment Jurisprudence: A Response To Advocates Of The Child Rape Death Penalty Statute In Kennedy V. Louisiana., Shandrea P. Solomon
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Modeling The Congressional End-Run Constraint, Luke M. Milligan
Modeling The Congressional End-Run Constraint, Luke M. Milligan
University of Richmond Law Review
No abstract provided.
Sorry Seems To Be The Hardest Word: The Fair Sentencing Act Of 2010, Crack, And Methamphetamine, Kyle Graham
Sorry Seems To Be The Hardest Word: The Fair Sentencing Act Of 2010, Crack, And Methamphetamine, Kyle Graham
University of Richmond Law Review
No abstract provided.
Initial Research On The Malfunctions Of The Criminal Process, Chen Ruihua, Timothy Webster
Initial Research On The Malfunctions Of The Criminal Process, Chen Ruihua, Timothy Webster
Washington International Law Journal
In recent years, as China’s legislature has placed the amendment of the Criminal Procedure Law on its legislative plan, more and more legal scholars are paying attention to the problem. Legal academics have produced a series of theses and books, and qualified scholars have even organized experts’ drafts of the Criminal Procedure Law, offering comprehensive and systematic theoretical works on how to revise the law. I participated in scholarly activities organized by the Criminal Affairs Committee of the All China Lawyers Federation, and drafted the first lawyers’ edition of the revised Criminal Procedure Law. Thus, the next revision of the …
Supreme Court—October Term 2009 Foreword: Conservative Judicial Activism , Erwin Chemerinsky
Supreme Court—October Term 2009 Foreword: Conservative Judicial Activism , Erwin Chemerinsky
Loyola of Los Angeles Law Review
Over twenty years ago, my Foreword on the Supreme Court’s October 1988 Term titled The Vanishing Constitution discussed how the conservative majority on the Court emphasized deference to majoritarianism. Momentous decisions that term included ones that upheld the death penalty for juveniles and the mentally retarded, allowed random drug testing for government employees, permitted greater government regulation of abortion, and significantly narrowed the availability of habeas corpus in federal courts. Over the last two decades, the Supreme Court has become significantly more conservative, but the conservatism of October Term 2009 differs from that of October Term 1988. The latter emphasized …
Psychopathic Traits, Skin Conductance, And Emotion In The Normal Population, Kimberley Rose
Psychopathic Traits, Skin Conductance, And Emotion In The Normal Population, Kimberley Rose
Loma Linda University Electronic Theses, Dissertations & Projects
Research has suggested that psychopathic characteristics exist along a continuum extending into the normal population (Andershed, Gustafson, Kerr, & Stattin, 2002; Ross, Lutz, & Bailley, 2004; Williams, Paulhus, & Hare, 2007). Individuals high in subclinical psychopathy were expected to show the same pattern of diminished psychophysiological responding to negative stimuli that incarcerated psychopathic individuals have shown. The callous affect (CA) dimension of psychopathy was expected to be associated with physiological differences as this is considered the core element of psychopathy. Level of CA was compared for skin conductance response (SCR) magnitude to empathy evoking versus threatening stimuli. This was done …
Procedural Justice Post-9/11: The Effects Of Procedurally Unfair Treatment Of Detainees On Perceptions Of Global Legitimacy, David Welsh
The University of New Hampshire Law Review
[Excerpt] “The Global War on Terror has been ideologically framed as a struggle between the principles of freedom and democracy on the one hand and tyranny and extremism on the other. Although this war has arguably led to a short-term disruption of terrorist threats such as al-Qaeda, it has also damaged America’s image both at home and abroad. Throughout the world, there is a growing consensus that America has “a lack of credibility as a fair and just world leader.” The perceived legitimacy of the United States in the War on Terror is critical because terrorism is not a conventional …
Such Visible Fiction: The Expansion Of Scott V. Harris To Prisoner Eighth Amendment Excessive Force Claims, Nina Frank
Such Visible Fiction: The Expansion Of Scott V. Harris To Prisoner Eighth Amendment Excessive Force Claims, Nina Frank
Cardozo Law Review
No abstract provided.
Human Trafficking In San Luis Obispo County: Assessing The Local Law Enforcement's Mechanisms For Prevention, Paige K. Wopschall
Human Trafficking In San Luis Obispo County: Assessing The Local Law Enforcement's Mechanisms For Prevention, Paige K. Wopschall
Social Sciences
No abstract provided.
And Death Shall Have No Dominion: How To Achieve The Categorical Exemption Of Mentally Retarded Defendants From Execution, J. Amy Dillard
And Death Shall Have No Dominion: How To Achieve The Categorical Exemption Of Mentally Retarded Defendants From Execution, J. Amy Dillard
University of Richmond Law Review
No abstract provided.
Law, History, And Feminism, Tracy A. Thomas
Law, History, And Feminism, Tracy A. Thomas
Akron Law Faculty Publications
This is the introduction to the book, Feminist Legal History. This edited collection offers new visions of American legal history that reveal women’s engagement with the law over the past two centuries. It integrates the stories of women into the dominant history of the law in what has been called “engendering legal history,” (Batlan 2005) and then seeks to reconstruct the assumed contours of history. The introduction provides the context necessary to appreciate the diverse essays in the book. It starts with an overview of the existing state of women’s legal history, tracing the core events over the past two …
Personal And Political Reconciliation In Post-Genocide Rwanda, Ari Kohen, Michael Zanchelli, Levi Drake
Personal And Political Reconciliation In Post-Genocide Rwanda, Ari Kohen, Michael Zanchelli, Levi Drake
Department of Political Science: Faculty Publications
The majority of scholarly research on Rwanda currently focuses on determining the causes of and participation in the genocide. In this paper, we explore a variety of questions that have come to the forefront in post-genocide Rwanda. In particular, we are concerned with the prospects for peace and justice in the aftermath of the gross abuses of human rights that occurred and, to that end, we consider the potential uses and limits of restorative justice initiatives in the process of healing and reconciliation in Rwanda. We argue that restorative justice initiatives have moved the country closer toward reconciliation than retributive …