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Articles 1 - 9 of 9
Full-Text Articles in Law
Law School News: A More Perfect Union Through A Diverse Judiciary 08-07-2023, Gregory W. Bowman
Law School News: A More Perfect Union Through A Diverse Judiciary 08-07-2023, Gregory W. Bowman
Life of the Law School (1993- )
No abstract provided.
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
Journal of Race, Gender, and Ethnicity
No abstract provided.
Mitigations: The Forgotten Side Of The Proportionality Principle, Paul H. Robinson
Mitigations: The Forgotten Side Of The Proportionality Principle, Paul H. Robinson
All Faculty Scholarship
In the first change to the Model Penal Code since its promulgation in 1962, the American Law Institute in 2017 set blameworthiness proportionality as the dominant distributive principle for criminal punishment. Empirical studies suggest that this is in fact the principle that ordinary people use in assessing proper punishment. Its adoption as the governing distributive principle makes good sense because it promotes not only the classic desert retributivism of moral philosophers but also crime-control utilitarianism, by enhancing the criminal law’s moral credibility with the community and thereby promoting deference, compliance, acquiescence, and internalization of its norms, rather than suffering the …
Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster
Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster
Georgia State University Law Review
Money matters in the justice system. If you can afford to purchase your freedom pretrial, if you can afford to immediately pay fines and fees for minor traffic offenses and municipal code violations, if you can afford to hire an attorney, your experience of the justice system both procedurally and substantively will be qualitatively different than the experience of someone who is poor. More disturbingly, through a variety of policies and practices—some of them blatantly unconstitutional—our courts are perpetuating and criminalizing poverty. And when we talk about poverty in the United States, we are still talking about race, ethnicity, and …
Lessons From Ferguson On Individual Defense Representation As A Tool Of Systemic Reform, Beth A. Colgan
Lessons From Ferguson On Individual Defense Representation As A Tool Of Systemic Reform, Beth A. Colgan
William & Mary Law Review
This Article investigates the relationship between the decisions by lawmakers to use municipal and criminal systems to generate revenue and the lack of access to individual defense representation by using the Ferguson, Missouri, municipal court as a case study. The Article chronicles the myriad constitutional rights that were violated on a systemic basis in Ferguson’s municipal court and how those violations made the city’s reliance on the court for revenue generation possible. The Article also documents how the introduction of individual defense representation, even on a piecemeal basis, played a role in altering Ferguson’s system of governance. Using this case …
Dynamics Of The Courtroom Workgroup, Paige Chretien
Dynamics Of The Courtroom Workgroup, Paige Chretien
Honors Projects
The roles and responsibilities of the various members included in the courtroom workgroup were evaluated in determining the prevalence of ordinary injustices. The dynamics among such members were found to be the basis under which lax adversarialism, and ultimately injustice within the criminal justice system, dominates. Prosecutorial discretion and inadequate public defense systems were observed to compromise justice on several occasions.
Prohibition Against Use Of State Money For Private Undertaking
Prohibition Against Use Of State Money For Private Undertaking
Touro Law Review
No abstract provided.
Civil Procedure-Judgments-Res Judicata Effect Of Dismissal With Prejudice, David F. Ulmer S.Ed.
Civil Procedure-Judgments-Res Judicata Effect Of Dismissal With Prejudice, David F. Ulmer S.Ed.
Michigan Law Review
Plaintiff brought an action in the circuit court against Crane for breach of an alleged trust agreement. When Crane died, his estate, which was substituted as defendant, moved to dismiss the action, alleging that plaintiff's cause of action was barred by laches and by a previous divorce settlement. Plaintiff having failed to file counter affidavits, the court dismissed the complaint and allowed plaintiff twenty days to file an amended complaint. When he failed to do so, the court dismissed the action "with prejudice." Plaintiff's later claim, filed in the probate court, but based on the same trust agreement, was allowed. …
Federal Courts-Granting Of New Trial On Initiative Of The Court, William F. Snyder S. Ed.
Federal Courts-Granting Of New Trial On Initiative Of The Court, William F. Snyder S. Ed.
Michigan Law Review
Following conviction for violation of a federal statute, petitioner was granted his release on a writ of habeas corpus by a federal district court, on the basis of uncontroverted testimony that his counsel had not been present when the jury returned its verdict. Within ten days of this release, a motion for rehearing was filed, supported by affidavits that his counsel actually had been present. On subsequent hearing, the court set aside its former order and remanded petitioner to custody, on the theory that his release was obtained by means of a fraud on the Court. The present action was …