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Articles 1 - 30 of 49
Full-Text Articles in Law
Revisiting The Role Of Federal Prosecutors In Times Of Mass Imprisonment, Nora V. Demleitner
Revisiting The Role Of Federal Prosecutors In Times Of Mass Imprisonment, Nora V. Demleitner
Scholarly Articles
None available.
Measuring A Civil-Discovery Sanction For Failure To Turn Over Requested Material: Goodyear Tire V. Haeger (15-1406), Doug Rendleman
Measuring A Civil-Discovery Sanction For Failure To Turn Over Requested Material: Goodyear Tire V. Haeger (15-1406), Doug Rendleman
Scholarly Articles
A sanction that is unrelated to misconduct is criminal and requires criminal instead of civil procedure. In a product liability lawsuit, the respondent, Goodyear, failed to turn over important tests before the parties settled. The petitioners, the Haegers—a couple who alleged Goodyear’s tires caused injuries—sought approval of a sanction based on their attorney fees. Complex and technical civil procedural rules and statutes, contempt, and the court’s inherent power will govern the Supreme Court’s decision. The issue before the Court is the specificity of the causal link between Goodyear’s misconduct and the amount of the civil sanction.
The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss
The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss
Washington and Lee Law Review
No abstract provided.
Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power, Haley White
Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power, Haley White
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell L. Christopher
The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell L. Christopher
Washington and Lee Law Review
Are decades-long delays between sentencing and execution immune from Eighth Amendment violation because they are self-inflicted by prisoners, or is such prisoner fault for delays simply irrelevant to whether a state-imposed punishment is cruel and unusual? Typically finding delay to be the state’s responsibility, Justices Breyer and Stevens argue that execution following upwards of forty years of death row incarceration is unconstitutional. Nearly every lower court disagrees, reasoning that prisoners have the choice of pursuing appellate and collateral review (with the delay that entails) or crafting the perfect remedy to any delay by submitting, as Justice Thomas has invited complaining …
Comment On The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Kevin Flynn
Comment On The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Kevin Flynn
Washington and Lee Law Review
No abstract provided.
The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Meg E. Sawyer
The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Meg E. Sawyer
Washington and Lee Law Review
No abstract provided.
The Prior Convictions Exception—A Comment, Matthew Engle
The Prior Convictions Exception—A Comment, Matthew Engle
Washington and Lee Law Review
No abstract provided.
Why Strickland Is The Wrong Test For Violations Of The Right To Testify, Daniel J. Capra, Joseph Tartakovsky
Why Strickland Is The Wrong Test For Violations Of The Right To Testify, Daniel J. Capra, Joseph Tartakovsky
Washington and Lee Law Review
A criminal accused has a constitutional right to testify in his own defense. The right has an undisputed place alongside the most important “personal” rights, like the right to remain silent or the right to represent oneself. But in the 1990s, courts began to apply the ineffective-assistance test of Strickland v. Washington to evaluate claims by a defendant that his right to testify was abridged. In practice this nullifies the right. Moreover, the Strickland test is inapposite because it focuses on counsel and not the defendant’s right to testify. This Article proposes a new test to better secure and enforce …
Justice In The Shadowlands: Pretrial Detention, Punishment, & The Sixth Amendment, Laura I. Appleman
Justice In The Shadowlands: Pretrial Detention, Punishment, & The Sixth Amendment, Laura I. Appleman
Washington and Lee Law Review
In a criminal system that tips heavily to the side of wealth and power, we routinely detain the accused in often horrifying conditions, confined in jails while still maintaining the presumption of innocence. Here, in the rotting jail cells of impoverished defendants, lies the Shadowlands of Justice, where the lack of criminal procedure has produced a darkness unrelieved by much scrutiny or concern on the part of the law. This Article contends that our current system of pretrial detention lies in shambles, routinely incarcerating the accused in horrifying conditions often far worse than those of convicted offenders in prisons. Due …
'Lesser Evils' In The War On Terrorism, Mark A. Drumbl
'Lesser Evils' In The War On Terrorism, Mark A. Drumbl
Scholarly Articles
No abstract provided.
The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown
The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown
Washington and Lee Law Review
No abstract provided.
Primer For The Nonmathematically Inclined On Mathematical Evidence In Criminal Cases: People V. Collins And Beyond, David Mccord
Primer For The Nonmathematically Inclined On Mathematical Evidence In Criminal Cases: People V. Collins And Beyond, David Mccord
Washington and Lee Law Review
No abstract provided.
Sentencing Reform And Appellate Review, William W. Wilkins, Jr.
Sentencing Reform And Appellate Review, William W. Wilkins, Jr.
Washington and Lee Law Review
No abstract provided.
Pennsylvania V. Ritchie, Lewis F. Powell Jr.
Pennsylvania V. Ritchie, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Press-Enterprise Co. V. Superior Court Of California For The County Of Riverside, Lewis F. Powell Jr.
Press-Enterprise Co. V. Superior Court Of California For The County Of Riverside, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
New Mexico V. Earnest, Lewis F. Powell Jr.
New Mexico V. Earnest, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Inadi, Lewis F. Powell Jr
United States V. Inadi, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
Smith V. Murray, Lewis F. Powell Jr.
Murray V. Carrier, Lewis F. Powell Jr.
Vasquez V. Hillery, Lewis F. Powell Jr
New York V. Quarles, Lewis F. Powell Jr.
New York V. Quarles, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Engle V. Isaac, Lewis F. Powell Jr.
Parallel Proceedings: The Impact Of Sec V. Dresser Industries, Inc.
Parallel Proceedings: The Impact Of Sec V. Dresser Industries, Inc.
Washington and Lee Law Review
No abstract provided.
"Your Papers, Please." Is An Identification Requirement Constitutional?
"Your Papers, Please." Is An Identification Requirement Constitutional?
Washington and Lee Law Review
No abstract provided.
Manson V. Brathwaite: Looking For The Silver Lining In The Area Of Eyewitness Identifications
Manson V. Brathwaite: Looking For The Silver Lining In The Area Of Eyewitness Identifications
Washington and Lee Law Review
No abstract provided.
Castaneda V. Partida, Lewis F. Powell Jr.
Castaneda V. Partida, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Expanding Criminal Procedural Rights Under State Constitutions
Expanding Criminal Procedural Rights Under State Constitutions
Washington and Lee Law Review
No abstract provided.
Lefkowitz V. Newsome: The Supreme Court Takes Another Look At Guilty Pleas
Lefkowitz V. Newsome: The Supreme Court Takes Another Look At Guilty Pleas
Washington and Lee Law Review
No abstract provided.
Kirby V. Illinois, Lewis F. Powell Jr.