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Full-Text Articles in Law

Revisiting The Role Of Federal Prosecutors In Times Of Mass Imprisonment, Nora V. Demleitner Feb 2018

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 Jan 2017

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 Mar 2015

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 Mar 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2013

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 Jun 2012

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 Jan 2004

'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 Sep 2002

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 Sep 1990

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. Mar 1989

Sentencing Reform And Appellate Review, William W. Wilkins, Jr.

Washington and Lee Law Review

No abstract provided.


Pennsylvania V. Ritchie, Lewis F. Powell Jr. Oct 1986

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. Oct 1985

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. Oct 1985

New Mexico V. Earnest, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Inadi, Lewis F. Powell Jr Oct 1985

United States V. Inadi, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


Smith V. Murray, Lewis F. Powell Jr. Oct 1985

Smith V. Murray, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Murray V. Carrier, Lewis F. Powell Jr. Oct 1985

Murray V. Carrier, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Vasquez V. Hillery, Lewis F. Powell Jr Oct 1985

Vasquez V. Hillery, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


New York V. Quarles, Lewis F. Powell Jr. Oct 1983

New York V. Quarles, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Engle V. Isaac, Lewis F. Powell Jr. Oct 1981

Engle V. Isaac, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Parallel Proceedings: The Impact Of Sec V. Dresser Industries, Inc. Jun 1981

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? Jan 1980

"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 Sep 1978

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. Oct 1976

Castaneda V. Partida, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Expanding Criminal Procedural Rights Under State Constitutions Sep 1976

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 Jan 1976

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. Oct 1971

Kirby V. Illinois, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.