Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Arrest Procedures (1)
- COVID-19 (1)
- Clemency (1)
- Constitutional Law (1)
- Constitutional law (1)
-
- Coronavirus (1)
- Courts (1)
- Eighth Amendment (1)
- Excessive Force (1)
- Federal courts (1)
- Frist Amendment; Circuit Court Rulings (1)
- Government (1)
- Gun Laws (1)
- Illinois (1)
- Judiciary (1)
- Jury trials (1)
- Pandemic (1)
- Police (1)
- Presidential Pardons (1)
- Public Defenders (1)
- Public Employee Free Speech (1)
- Right to Counsel (1)
- Second Amendment Sanctuary Laws (1)
- Speedy trials (1)
- Uniform Code of military Justice (1)
- West Virginia (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Content, Context, What's Next? A Garcetti-Pickering Analysis For Public Employees In Court, Austin Longnecker
Content, Context, What's Next? A Garcetti-Pickering Analysis For Public Employees In Court, Austin Longnecker
West Virginia Law Review
No abstract provided.
The Reprieve Power: May The Uniform Code Of Military Justice Limit Executive Clemency?, Nino C. Monea
The Reprieve Power: May The Uniform Code Of Military Justice Limit Executive Clemency?, Nino C. Monea
West Virginia Law Review
Article 57 of the Uniform Code of Military Justice states the President "may commute, remit, or suspend the sentence, or any part thereof, as the President sees fit. That part of the sentence providing for death may not be suspended." This seemingly contradicts Article 2 of the United States Constitution, which states that the President "shall have the power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." This Article looks at whether the power to "reprieve" offenses includes the power to suspend sentences, including military sentences, and concludes that it does. The …
Uncertain Immunity: Assessing Qualified Immunity In The Context Of Post-Arrest Excessive-Force Claims Arising Prior To A Judicial Determination Of Probable Cause, J. Tyler Barton
West Virginia Law Review
No abstract provided.
Justice Diseased Is Justice Denied: Coronavirus, Court Closures, And Criminal Trials, Ryan Shymansky
Justice Diseased Is Justice Denied: Coronavirus, Court Closures, And Criminal Trials, Ryan Shymansky
West Virginia Law Review Online
This Article aims to consider the immediate impacts of the novel coronavirus on criminal defendants’ access to speedy trials by jury. In particular, it aims to examine whether court closures and delays could affect the substantive rights of criminal defendants—and particularly pretrial detainees—to a speedy and public trial by jury. To date, very little scholarship has considered this question. Yet the ideal of a speedy trial by jury is deeply embedded in our Constitution and our judicial system, and the potential for a pandemic to limit or negate that right should ring scholastic and judicial alarm bells.
This analysis proceeds …
Indigent Defense In West Virginia: A Historical Look At Public Defender Services, Ralph E. Mckinney Jr., Casey W. Baker J.D.
Indigent Defense In West Virginia: A Historical Look At Public Defender Services, Ralph E. Mckinney Jr., Casey W. Baker J.D.
West Virginia Law Review
No abstract provided.
On Target? Assessing Gun Sanctuary Ordinances That Conflict With State Law, Sheila Simon
On Target? Assessing Gun Sanctuary Ordinances That Conflict With State Law, Sheila Simon
West Virginia Law Review
No abstract provided.