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Full-Text Articles in Law

Contemplating Cruel And Unusual: A Critical Analysis Of Baze V. Rees In The Context Of The Supreme Court's Eighth Amendment Proportionality Jurisprudence, Katie Roth Heilman Feb 2009

Contemplating Cruel And Unusual: A Critical Analysis Of Baze V. Rees In The Context Of The Supreme Court's Eighth Amendment Proportionality Jurisprudence, Katie Roth Heilman

American University Law Review

This Comment argues that, while the Court’s modern Eighth Amendment jurisprudence has gradually reduced the circumstances under which the death penalty may be imposed, this trend is inconsistent with the Court’s unwillingness to critically examine the specific procedures states use to execute, even in the face of growing concerns over the humaneness of such procedures. Part I gives a historic overview of the Court’s limited method-of-execution jurisprudence, followed by a review of the Court’s recent line of rulings on challenges to the death penalty’s proportionality. Part II analyzes Baze within the broader context of the Court’s Eight Amendment proportionality jurisprudence. …


Out Of Jail... But Still Not Free To Litigate - Using Congressional Intent To Interpret 28 U.S.C. Sec. 1915(B)'S Application To Released Prisoners, Julia Colarusso Jan 2009

Out Of Jail... But Still Not Free To Litigate - Using Congressional Intent To Interpret 28 U.S.C. Sec. 1915(B)'S Application To Released Prisoners, Julia Colarusso

American University Law Review

This Comment argues that, based on the Prison Litigation Reform Act (PLRA)’s purpose and legislative history, prisoners who fulfilled the statute’s payment obligations while incarcerated should be entitled to apply for traditional in forma pauperis (IFP) status under § 1915(a)(1) upon release. Part I traces the historical development of prisoners’ right of access to the courts and its ties to the IFP doctrine. It then examines the PLRA’s many amendments to the federal IFP statute. Part II explains the divergent readings that circuit courts currently apply to § 1915(b). After analyzing the statute’s plain language and legislative history, Part III …


Student Editorial: Fight Fire With Fire: The Icc Should Be More Aggressive In Pursuing Crimes Of Sexual Violence, Meredith Owen Jan 2009

Student Editorial: Fight Fire With Fire: The Icc Should Be More Aggressive In Pursuing Crimes Of Sexual Violence, Meredith Owen

American University Criminal Law Brief

No abstract provided.


Juveniles Locked Up For Life For Non-Homicides: Cruel & Unusual Or An Appropriate Punishment?, Julie Swaney Jan 2009

Juveniles Locked Up For Life For Non-Homicides: Cruel & Unusual Or An Appropriate Punishment?, Julie Swaney

American University Criminal Law Brief

No abstract provided.


From State Of California V. Scott Peterson To State Of Utah V. Mark Hacking Willmore States Adopt Fetal Protection Laws?, April Walker Jan 2009

From State Of California V. Scott Peterson To State Of Utah V. Mark Hacking Willmore States Adopt Fetal Protection Laws?, April Walker

American University Criminal Law Brief

No abstract provided.


An Ambiguous Request For Counsel Before And Not After A Miranda Waiver: United States V. Rodriguez, United States V. Fry And State V. Blackburn, Harvey Gee Jan 2009

An Ambiguous Request For Counsel Before And Not After A Miranda Waiver: United States V. Rodriguez, United States V. Fry And State V. Blackburn, Harvey Gee

American University Criminal Law Brief

No abstract provided.


Child Rapists Live To See Another Day, Shirley Huang Jan 2009

Child Rapists Live To See Another Day, Shirley Huang

American University Criminal Law Brief

No abstract provided.


Supreme Court Watch: Recent Decisions Of Selected Criminal Cases, Diana Tafur Jan 2009

Supreme Court Watch: Recent Decisions Of Selected Criminal Cases, Diana Tafur

American University Criminal Law Brief

No abstract provided.


The Case For A Criminal Law Theory Of Intentional Infliction Of Emotional Distress, Leslie Yalof Garfield Jan 2009

The Case For A Criminal Law Theory Of Intentional Infliction Of Emotional Distress, Leslie Yalof Garfield

American University Criminal Law Brief

No abstract provided.


Supreme Court Watch: Recent Decisions Of Selected Criminal Cases, Helen Dalphonse Jan 2009

Supreme Court Watch: Recent Decisions Of Selected Criminal Cases, Helen Dalphonse

American University Criminal Law Brief

No abstract provided.


Letter From The Editor, John Nohlgren Jan 2009

Letter From The Editor, John Nohlgren

American University Criminal Law Brief

No abstract provided.


Thomas Jefferson’S Carriage: Arizona V. Gant’S Assault On The Belton Doctrine, Andrew Fois, Lauren Simmons Jan 2009

Thomas Jefferson’S Carriage: Arizona V. Gant’S Assault On The Belton Doctrine, Andrew Fois, Lauren Simmons

American University Criminal Law Brief

No abstract provided.


The Death Penalty: How America’S Highest Court Is Narrowing Its Application, Adam S. Goldstone Jan 2009

The Death Penalty: How America’S Highest Court Is Narrowing Its Application, Adam S. Goldstone

American University Criminal Law Brief

No abstract provided.


Mixed Messages: The Supreme Court’S Conflicting Decisions On Juries In Death Penalty Cases, Kenneth Miller, David Niven Jan 2009

Mixed Messages: The Supreme Court’S Conflicting Decisions On Juries In Death Penalty Cases, Kenneth Miller, David Niven

American University Criminal Law Brief

No abstract provided.


Professional Discretion And The Use Of Restorative Justice Programs In Appropriatedomestic Violence Cases: An Effective Innovation, Jean Ferguson Jan 2009

Professional Discretion And The Use Of Restorative Justice Programs In Appropriatedomestic Violence Cases: An Effective Innovation, Jean Ferguson

American University Criminal Law Brief

No abstract provided.


The Crocodile In The Bathtub: An Examination Of California’S System For Judicial Selection, Shaun Hoting Jan 2009

The Crocodile In The Bathtub: An Examination Of California’S System For Judicial Selection, Shaun Hoting

American University Criminal Law Brief

No abstract provided.


The Consociative Value Of Work: What Homelessness-To-Work Programs Can Teach Us About Reforming And Expanding Prison Labor, Christopher Angevine Jan 2009

The Consociative Value Of Work: What Homelessness-To-Work Programs Can Teach Us About Reforming And Expanding Prison Labor, Christopher Angevine

American University Criminal Law Brief

No abstract provided.


A Road To Hope: The Path To Defining Child Torture To Protect The Children, Mary Ahan Jan 2009

A Road To Hope: The Path To Defining Child Torture To Protect The Children, Mary Ahan

American University Criminal Law Brief

No abstract provided.


Unjustified Detention: The Excessive Bail Clause In Removal Proceedings, Kayla Gassman Jan 2009

Unjustified Detention: The Excessive Bail Clause In Removal Proceedings, Kayla Gassman

American University Criminal Law Brief

No abstract provided.


Birthing Out Delinquents: Alternative Treatment Options For Juvenile Delinquents, Jerome R. Price Jan 2009

Birthing Out Delinquents: Alternative Treatment Options For Juvenile Delinquents, Jerome R. Price

American University Criminal Law Brief

No abstract provided.


Supreme Court Watch: Recent Decisions And Upcoming Criminal Cases For The 2008-2009 Docket, Adnan Sultan, Alex Saiz Jan 2009

Supreme Court Watch: Recent Decisions And Upcoming Criminal Cases For The 2008-2009 Docket, Adnan Sultan, Alex Saiz

American University Criminal Law Brief

No abstract provided.


What Happens In North Minneapolis Doesn’T Stay In North Minneapolis: Arguing Credibility In A Criminal Trial, Rebutting Implicit Jury Bias, And Taking A New Look At Why A Prosecutor Would Tell Jurors That Civilian Witnesses Are From A “Different World”, Joshua Larson Jan 2009

What Happens In North Minneapolis Doesn’T Stay In North Minneapolis: Arguing Credibility In A Criminal Trial, Rebutting Implicit Jury Bias, And Taking A New Look At Why A Prosecutor Would Tell Jurors That Civilian Witnesses Are From A “Different World”, Joshua Larson

American University Criminal Law Brief

No abstract provided.


Voice For The Voiceless: The Case For Adopting The “Domestic Abuse Syndrome” For Self Defense Purposes For All Victims Of Domestic Violence Who Kill Their Abusers, Nancy Wright Jan 2009

Voice For The Voiceless: The Case For Adopting The “Domestic Abuse Syndrome” For Self Defense Purposes For All Victims Of Domestic Violence Who Kill Their Abusers, Nancy Wright

American University Criminal Law Brief

No abstract provided.


The "New" Withdrawal Of Consent Standard In Maryland Rape Law: A Year After Baby V. State , Mary Huff Jan 2009

The "New" Withdrawal Of Consent Standard In Maryland Rape Law: A Year After Baby V. State , Mary Huff

The Modern American

No abstract provided.


Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Kara Karlson, Jennifer Goldsmith, Laura Jarvis, Megan Chapman Jan 2009

Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Kara Karlson, Jennifer Goldsmith, Laura Jarvis, Megan Chapman

Human Rights Brief

No abstract provided.


Structural Human Rights Violations: The True Face Of Mexico’S War On Crime, Stephanie Erin Brewer Jan 2009

Structural Human Rights Violations: The True Face Of Mexico’S War On Crime, Stephanie Erin Brewer

Human Rights Brief

No abstract provided.


For Love Of Country And International Criminal Law, Zeid Ra'ad Zeid Al-Hussein Jan 2009

For Love Of Country And International Criminal Law, Zeid Ra'ad Zeid Al-Hussein

American University International Law Review

No abstract provided.


Book Review, Kavita Kapur Jan 2009

Book Review, Kavita Kapur

Human Rights Brief

No abstract provided.


Girls Gone Wild And Rape Law: Revising The Contractual Concept Of Consent & (And) Ensuring An Unbiased Application Of Reasonable Doubt When The Victim Is Non-Traditional , Michele Alexander Jan 2009

Girls Gone Wild And Rape Law: Revising The Contractual Concept Of Consent & (And) Ensuring An Unbiased Application Of Reasonable Doubt When The Victim Is Non-Traditional , Michele Alexander

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Failure To Arrest: A Pilot Study Of Police Response To Domestic Violence In Rural Illinois , Sara R. Benson Jan 2009

Failure To Arrest: A Pilot Study Of Police Response To Domestic Violence In Rural Illinois , Sara R. Benson

American University Journal of Gender, Social Policy & the Law

No abstract provided.