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Full-Text Articles in Law

There Is No Justice When Low And Modest-Income D.C. Residents Are Forced To Represent Themselves In Civil Cases, Sheldon Krantz Mar 2021

There Is No Justice When Low And Modest-Income D.C. Residents Are Forced To Represent Themselves In Civil Cases, Sheldon Krantz

University of the District of Columbia Law Review

After spending more than twenty years as a white-collar criminal defense lawyer at DLA Piper and prior to that serving as a federal prosecutor, law professor, and law school dean, I had the opportunity to help develop and then share responsibility for directing the non-profit D.C. Affordable Law Firm (“DCALF”). 135 I learned from this experience that lawyers are rarely available for most of the low- and modest income District of Columbia (“D.C.”) residents who find themselves embroiled in civil matters in D.C. Superior Court on matters greatly impacting their lives. They become, as a result, self-represented litigants (“SRLs”) who …


Lessons Unlearned: The Effects Of Statutory Ambiguity And The Interpretative Uncertainty It Injects In The Courts, Carolyn Singh Mar 2015

Lessons Unlearned: The Effects Of Statutory Ambiguity And The Interpretative Uncertainty It Injects In The Courts, Carolyn Singh

University of the District of Columbia Law Review

For centuries, courts have dealt with the challenge of imposing penalties for crimes when governing law changes. Applying the new provisions can be a straightforward exercise for courts, but when legislatures are ambiguous with regard to which law applies-forexample, to pending cases-the courts are forced to interpret what legislatures intended. For some judges, the answer is easily found in the plain meaning of the text. For others, legislative intent can become the deciding factor. Throughout United States history, this has been a manageable yet controversial task, but aside from interpretive differences among judges, creating laws with uncertainty is a dangerous …


The Corporate Capture Of The Federal Courts: An Address From October 2, 2013, Elizabeth Warren Mar 2014

The Corporate Capture Of The Federal Courts: An Address From October 2, 2013, Elizabeth Warren

University of the District of Columbia Law Review

No abstract provided.


The Unreviewable Irredeemable Child: Why The District Of Columbia Needs Reverse Waiver, Jamie Stevens Mar 2014

The Unreviewable Irredeemable Child: Why The District Of Columbia Needs Reverse Waiver, Jamie Stevens

University of the District of Columbia Law Review

In 2005 the U.S. Department of Justice estimated that adult criminal courts prosecuted 23,000 cases involving defendants under the age of eighteen nationwide. 2 This means that those defendants faced conviction and sentencing in adult courts. Transfer of those under eighteen into adult criminal court has become the states' first line of defense in the fight against youth crime. However, recent Supreme Court decisions have cast doubt on the wisdom, and even the constitutionality of that approach. Roper v. Simmons held that the Eighth Amendment prohibits the death penalty for anyone under eighteen years of age. 3 Graham v. Florida …


Prologue To District Of Columbia Democracy And The Third Branch Of Government, John W. Nields, Timothy J. May Dec 2008

Prologue To District Of Columbia Democracy And The Third Branch Of Government, John W. Nields, Timothy J. May

University of the District of Columbia Law Review

Why does the President of the United States appoint the judges of the District of Columbia's local court system? Why is the District of Columbia's local court system funded and overseen by the United States Congress? Why does the United States Attorney for the District of Columbia and not the Attorney General for the District of Columbia function as a local prosecutor, prosecuting most D.C. Code crimes in the District of Columbia's courts? The four essays which follow this introduction explore the rich history behind these unusual structural features of the District of Columbia government; they present the arguments for …


A Thirty-Year Retrospective. Comments Of The Honorable Gregory E. Mize (Ret.), Gregory E. Mize Dec 2008

A Thirty-Year Retrospective. Comments Of The Honorable Gregory E. Mize (Ret.), Gregory E. Mize

University of the District of Columbia Law Review

No abstract provided.


Organization, Budgeting, And Funding Of The District Of Columbia's Local Courts, Peter R. Kolker Dec 2008

Organization, Budgeting, And Funding Of The District Of Columbia's Local Courts, Peter R. Kolker

University of the District of Columbia Law Review

The mechanism for funding the District of Columbia's local court system reflects the unique and complex character of the District. The means and method of budgeting for and funding this vital function has evolved over the years, reflecting the maturation of the District from its pre-Home Rule days to the present. This evolution is a reflection of the District's growing pains and financial crises, as well as the unusual symbiosis and tension between the District and the federal government. The budget system is also the product of the limitations imposed on the District's restricted taxing authority, which results in a …


Should The District Of Columbia Have Responsibility For The Prosecution Of Criminal Offenses Arising Under The District Of Columbia Code?, John Payton Dec 2008

Should The District Of Columbia Have Responsibility For The Prosecution Of Criminal Offenses Arising Under The District Of Columbia Code?, John Payton

University of the District of Columbia Law Review

No abstract provided.


Comments On Who Appoints D.C. Judges, Daniel A. Rezneck Dec 2008

Comments On Who Appoints D.C. Judges, Daniel A. Rezneck

University of the District of Columbia Law Review

No abstract provided.


Keynote Address Of Congresswoman Eleanor Holmes Norton, Eleanor Holmes Norton Dec 2008

Keynote Address Of Congresswoman Eleanor Holmes Norton, Eleanor Holmes Norton

University of the District of Columbia Law Review

No abstract provided.


The District Of Columbia's Judicial Selection Process: The Good, The Bad, And The Ugly, Patricia M. Worthy Dec 2008

The District Of Columbia's Judicial Selection Process: The Good, The Bad, And The Ugly, Patricia M. Worthy

University of the District of Columbia Law Review

No abstract provided.


The Legal And Constitutional Foundations For The District Of Columbia Judicial Branch, Steven M. Schneebaum Dec 2008

The Legal And Constitutional Foundations For The District Of Columbia Judicial Branch, Steven M. Schneebaum

University of the District of Columbia Law Review

No abstract provided.


Who Should Appoint Judges Of The D.C. Courts?, Charles A. Miller Dec 2008

Who Should Appoint Judges Of The D.C. Courts?, Charles A. Miller

University of the District of Columbia Law Review

Since 1970, the District of Columbia court system has been comprised of the District of Columbia Court of Appeals and the Superior Court of the District of Columbia.' From the time of the establishment of the District, judges of its courts have been appointed by the President of the United States, acting on the advice of the Attorney General. When the general issue of District home rule came before Congress in the 1960s, one of the subjects considered was the judicial appointment process. In 1970, the District of Columbia Court Reform and Criminal Procedure Act 2 continued the Presidential appointment …


Changing The Narrative: Convincing Courts To Distinguish Between Misbehavior And Criminal Conduct In School Referral Cases, Marsha L. Levick, Robert G. Schwartz Dec 2007

Changing The Narrative: Convincing Courts To Distinguish Between Misbehavior And Criminal Conduct In School Referral Cases, Marsha L. Levick, Robert G. Schwartz

University of the District of Columbia Law Review

No abstract provided.


Historical Links: The Remarkable Legacy And Legal Journey Of The Honorable Julia Cooper Mack, Inez Smith Reid Sep 2004

Historical Links: The Remarkable Legacy And Legal Journey Of The Honorable Julia Cooper Mack, Inez Smith Reid

University of the District of Columbia Law Review

No abstract provided.


Criminalization Of People With Mental Illnesses: The Role Of Mental Health Courts In System Reform, Robert Bernstein, Tammy Seltzer Mar 2003

Criminalization Of People With Mental Illnesses: The Role Of Mental Health Courts In System Reform, Robert Bernstein, Tammy Seltzer

University of the District of Columbia Law Review

No abstract provided.


Capital Punishment: 21st Century Lynching, Serena L. Hargrove Sep 2001

Capital Punishment: 21st Century Lynching, Serena L. Hargrove

University of the District of Columbia Law Review

No abstract provided.


When Lawyers Break The Law: How The District Of Columbia Court Of Appeals Disciplines Members Of The Bar Who Commit Crimes, Larry Cunningham Sep 2001

When Lawyers Break The Law: How The District Of Columbia Court Of Appeals Disciplines Members Of The Bar Who Commit Crimes, Larry Cunningham

University of the District of Columbia Law Review

No abstract provided.


Small Claims Reform: A Means Of Expanding Access To The American Civil Justice System, James C. Turner, Joyce A. Mcgee Sep 2000

Small Claims Reform: A Means Of Expanding Access To The American Civil Justice System, James C. Turner, Joyce A. Mcgee

University of the District of Columbia Law Review

Every American should enjoy full access to the protections offered by the U.S. civil justice system. Unfortunately, this basic right is often denied to millions by civil court procedures and practices that are costly, Byzantine and hostile to ordinary citizens who need legal help. In fact, according to the American Bar Association, tens of millions of American households that need legal help are denied access to the civil justice system every year.' One key method of improving citizen access to the civil justice system is through small claims courts. These courts - which use simplified procedures, require plain English, provide …


Oregon V. Elstad Revisited: Urging State Court Judges To Depart From The U.S. Supreme Court's Narrowing Of Miranda, Claudia R. Barbieri Mar 1998

Oregon V. Elstad Revisited: Urging State Court Judges To Depart From The U.S. Supreme Court's Narrowing Of Miranda, Claudia R. Barbieri

University of the District of Columbia Law Review

Imagine an average young man on the threshold of adulthood, living in a medium-sized town in a middle-class family. Still in his early years, he gets into a little local trouble and one day finds the police at his door. They ask him questions about a burglary. He panics, and as he racks his brain for some scrap of legal knowledge that might get him out of this frightening situation, he admits that he knows about the crime, stating he was there. The police become more persistent, telling him they know about his involvement, asking him if he wants to …


Clear And Convincing Evidence: The Standard Required To Support Pretrial Detention Of Juveniles Pursuant To D.C. Code Section 16-2310, Julia Colton-Bell, Robert J. Levant Sep 1995

Clear And Convincing Evidence: The Standard Required To Support Pretrial Detention Of Juveniles Pursuant To D.C. Code Section 16-2310, Julia Colton-Bell, Robert J. Levant

University of the District of Columbia Law Review

This Note examines the appropriate evidentiary standard for pretrial detention decisions in Juvenile Court in the District of Columbia. Currently, there is no authority mandating the standard of proof that is to be applied to the pretrial detention of juveniles. To ensure that all juveniles receive the same protections, one evidentiary standard must be applied at all pretrial detention hearings. Based upon adult and juvenile pretrial detention statutes, the case law construing those statutes, and the standard courts employ in adult civil commitment procedures, the appropriate standard is the "clear and convincing evidence" standard of proof. In order to afford …


Pre-Initial Hearing Detention: Are The Police Department And Social Services Intake Following The Law?, Henry A. Escoto Sep 1995

Pre-Initial Hearing Detention: Are The Police Department And Social Services Intake Following The Law?, Henry A. Escoto

University of the District of Columbia Law Review

No abstract provided.


Appendix B: February-March, 1995 Court Monitoring Report, University Of The District Of Columbia Law Review Sep 1995

Appendix B: February-March, 1995 Court Monitoring Report, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.


Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie Sep 1995

Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie

University of the District of Columbia Law Review

Judges sitting on the Superior Court of the District of Columbia routinely order children into secure detention who require no more restrictive confinement than that provided by shelter care. Despite a statutory presumption against detention, and a superior court rule that prohibits substituting secure detention for shelter care,' the District inappropriately places children into secure detention simply because there is a lack of bed space in youth shelter houses. The deprivation of liberty that occurs when a juvenile is placed in secure detention rather than shelter care is required neither for the protection of the community nor for the welfare …


Opening The Door To The Grand Jury: Abandoning Secrecy For Secrecy's Sake, George Edward Dazzo Mar 1995

Opening The Door To The Grand Jury: Abandoning Secrecy For Secrecy's Sake, George Edward Dazzo

University of the District of Columbia Law Review

The grand jury in the United States is hailed by its proponents as an indispensable buffer of protection from malicious and unfounded prosecution by the State. Critics, however, liken the investigatory body to a rubber stamp of the prosecutor, analogous to early English grand jurors who were subject to the influences of the Monarch. Criticism of the grand jury often focuses on the grand jury's potential for oppression rather than protection of the individual.' In particular, it is the secrecy of the grand jury that sparks the most debate.'


Enforcing Corrections-Related Court Orders In The District Of Columbia, Jonatham M. Smith Mar 1994

Enforcing Corrections-Related Court Orders In The District Of Columbia, Jonatham M. Smith

University of the District of Columbia Law Review

In 1909, a presidential commission made the following comment about the conditions that prevailed in the District of Columbia's jail: That men and women should be sent to these narrow and confined cells, the lazy to be fostered in laziness, the industrious to be deprived of every form of employment, in one promiscuous assembly, to corrupt and be corrupted by each other, to be fed like beasts and maintained at the public charge, with no prospect for improvement in condition, with the moral certainty that they will come out far worse than they went in, is a fact that has …


Res Judicata And Plaintiff's Burden Of Invoking A Federal Court's Supplemental Jurisdiction To Save "State" Court Claims In The District Of Columbia: A Bright Line Test, Stephen Giunta Mar 1994

Res Judicata And Plaintiff's Burden Of Invoking A Federal Court's Supplemental Jurisdiction To Save "State" Court Claims In The District Of Columbia: A Bright Line Test, Stephen Giunta

University of the District of Columbia Law Review

No abstract provided.