Law Commons^™

Modes Of Discretion In The Criminal Justice System, Roger Fairfax

Presentations

No abstract provided.

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

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

American University Criminal Law Brief

No abstract provided.

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

American University Criminal Law Brief

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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

American University Criminal Law Brief

No abstract provided.

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

American University Criminal Law Brief

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

American University Criminal Law Brief

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

American University Criminal Law Brief

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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

American University Criminal Law Brief

No abstract provided.

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

American University Criminal Law Brief

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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

American University Criminal Law Brief

No abstract provided.

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

American University Criminal Law Brief

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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

American University Criminal Law Brief

No abstract provided.

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

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

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

American University Criminal Law Brief

No abstract provided.

The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, Angela J. Davis, James E. Coleman Jr, Michael Gerhardt, K.C. Johnson

Articles in Law Reviews & Other Academic Journals

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Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

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Brief Of Law Professors As Amici Curiae In Support Of Respondent, Denedo V. United States, Stephen I. Vladeck

Amicus Briefs

The significant issues raised by this case include (1) the ability of courts with criminal jurisdiction to provide remedies for constitutional errors at trial; (2) the role played by Article III courts in providing collateral relief for convictions obtained in state courts, and in Article III and non-Article III federal courts; (3) the specific interaction between Article I military courts and Article III courts; and (4) the applicability of the canon of statutory interpretation disfavoring repeals of jurisdiction by implication.

Amici curiae, professors teaching the law of federal jurisdiction, criminal procedure, and post-conviction remedies, join together to provide the Court …

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

The Modern American

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

Human Rights Brief

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

Human Rights Brief

No abstract provided.