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Full-Text Articles in Law
A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray
A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray
David C. Gray
In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits imposing a sentence of life in prison without the possibility of release for nonhomicide crimes if the perpetrator was under the age of eighteen at the time of his offense. In so holding, Justice Kennedy cited foreign and international law to confirm the Court’s independent judgment. In his dissent, Justice Thomas recited now-familiar objections to the Court’s reliance on these sources. Those objections are grounded in his originalist jurisprudence. In this short invited essay, which expands on prior work, we argue that Justice Thomas should abandon these …
The Construction Of Responsibility In The Criminal Law, Richard C. Boldt
The Construction Of Responsibility In The Criminal Law, Richard C. Boldt
Richard C. Boldt
No abstract provided.
Restitution, Criminal Law, And The Ideology Of Individuality, Richard C. Boldt
Restitution, Criminal Law, And The Ideology Of Individuality, Richard C. Boldt
Richard C. Boldt
No abstract provided.
Silent At Sentencing: Waiver Doctrine And A Capital Defendant's Right To Present Mitigating Evidence After Schriro V. Landrigan, Dale E. Ho
Dale E Ho
The consideration of mitigating evidence—evidence that weighs against the imposition of the death penalty in a capital defendant’s individual case—has been deemed a “constitutionally indispensable” feature of a valid capital sentencing scheme. And yet, Jeffrey Landrigan, like many capital defendants, was sentenced to death without the consideration of any mitigating evidence whatsoever. Landrigan’s trial counsel failed to uncover substantial evidence of Landrigan’s history of severe physical and sexual abuse as a child, and of the possible biological effects of his mother’s alcohol and drug abuse. Every member of the Ninth Circuit en banc panel considering his case deemed his counsel’s …
Hanousek V. United States: Social Engineering Encroaching On Individual Liberty, Beau James Brock
Hanousek V. United States: Social Engineering Encroaching On Individual Liberty, Beau James Brock
Beau James Brock
A legal decision that unexpectedly judicially “extended the reach environmental criminal law” was Hanousek v. United States, wherein the United States Court of Appeals for the Ninth Circuit held the legal standard for criminal negligence under the Clean Water Act (CWA) was ordinary negligence.
Renaissance Of Environmental Criminal Investigation In Louisiana: A Model For The Nation, Beau James Brock, Michael Daniels
Renaissance Of Environmental Criminal Investigation In Louisiana: A Model For The Nation, Beau James Brock, Michael Daniels
Beau James Brock
In Louisiana, perpetrators of knowing criminal violations of the Louisiana Environmental Quality Act, Title 30 subject themselves to felony conduct. Now, that is not just idle words on a page. This law enforcement arm built to preserve the quality of life for every citizen of Louisiana is no longer a paper tiger, but a fightin’ tiger, capable of and willing to investigate in any situation. In the spring of 2008, sustainable programmatic changes in CID were immediately put into place. Some of these included the following: 1) comprehensive overhaul of the then current policies and procedures; 2) the replacement of …
Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello
Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello
Adam Lamparello
No abstract provided.
Leviathan Menacing The Gulf Coast: Catastrophic Consequences May Imperil The Rule Of Law, Beau James Brock
Leviathan Menacing The Gulf Coast: Catastrophic Consequences May Imperil The Rule Of Law, Beau James Brock
Beau James Brock
The criminal negligence standard under the Clean Water Act should be one of gross negligence and not merely ordinary negligence and the United States Fifth Circuit Court of Appeals should not be tested on this point of law as it will disagree with the previous findings of the Ninth and Tenth Circuits.