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Full-Text Articles in Law

More Than A "Quick Glimpse Of The Life": The Relationship Between Victim Impact Evidence And Death Sentencing, Jerome E. Deise, Raymond Paternoster Jan 2013

More Than A "Quick Glimpse Of The Life": The Relationship Between Victim Impact Evidence And Death Sentencing, Jerome E. Deise, Raymond Paternoster

Faculty Scholarship

In striking down the use of victim impact evidence (VIE) during the penalty phase of a capital trial, the Supreme Court in Booth v. Maryland and South Carolina v. Gathers argued that such testimony would appeal to the emotions of jurors with the consequence that death sentences would not be based upon a reasoned consideration of the blameworthiness of the offender. After a change in personnel, the Court overturned both decisions in Payne v. Tennessee, decided just two years after Gathers. The majority in Payne were decidedly less concerned with the emotional appeal of VIE, arguing that it would only …


Criminal Records, Race And Redemption, Michael Pinard Jan 2013

Criminal Records, Race And Redemption, Michael Pinard

Faculty Scholarship

Poor individuals of color disproportionately carry the weight of a criminal record. They confront an array of legal and non-legal barriers, the most prominent of which are housing and employment. Federal, State and local governments are implementing measures aimed at easing the everlasting impact of a criminal record. However, these measures, while laudable, fail to address the disconnection between individuals who believe they have moved past their interactions with the criminal justice system and the ways in which decision makers continue to judge them in the years and decades following those interactions. These issues are particularly pronounced for poor individuals …


Florence V. Board Of Chosen Freeholders: Maintaining Jail Security While Stripping Detainees Of Their Constitutional Rights, Nina Gleiberman Jan 2013

Florence V. Board Of Chosen Freeholders: Maintaining Jail Security While Stripping Detainees Of Their Constitutional Rights, Nina Gleiberman

Maryland Law Review Online

No abstract provided.


Strickland-Lite: Padilla’S Two-Tiered Duty For Noncitizens, César Cuauhtémoc García Hernández Jan 2013

Strickland-Lite: Padilla’S Two-Tiered Duty For Noncitizens, César Cuauhtémoc García Hernández

Maryland Law Review

No abstract provided.


A Lawyer For John Doe: Alternative Models For Representing Maryland's Middle Class, Lucy B. Bansal Jan 2013

A Lawyer For John Doe: Alternative Models For Representing Maryland's Middle Class, Lucy B. Bansal

University of Maryland Law Journal of Race, Religion, Gender and Class

"A Lawyer for John Doe," explores the growing disparity between the legal services available to the upper class and the poor in the state of Maryland. The article offers four models or solutions that creatively show different ways in which middle class citizens can obtain adequate and substantive legal representation for issues that specifically concern them.


Teaching The Carceral Crisis: An Ethical And Pedagogical Imperative, Taja-Nia Y. Henderson Jan 2013

Teaching The Carceral Crisis: An Ethical And Pedagogical Imperative, Taja-Nia Y. Henderson

University of Maryland Law Journal of Race, Religion, Gender and Class

"Teaching the Carceral Crisis: An Ethical and Pedagogical Imperative," demonstrates that although mass incarceration and mass conviction has increased in the United States, law school curricula has continued to lack any substantive discussion on these issues. The article highlights the need for law schools to improve their current curricula in order to prevent further stigmatization of criminal offenders and the continued increase of incarceration rates.


Fighting Cybercrime After United States V. Jones, David C. Gray, Danielle Keats Citron, Liz Clark Rinehart Jan 2013

Fighting Cybercrime After United States V. Jones, David C. Gray, Danielle Keats Citron, Liz Clark Rinehart

Faculty Scholarship

In a landmark non-decision last term, five Justices of the United States Supreme Court would have held that citizens possess a Fourth Amendment right to expect that certain quantities of information about them will remain private, even if they have no such expectations with respect to any of the information or data constituting that whole. This quantitative approach to evaluating and protecting Fourth Amendment rights is certainly novel and raises serious conceptual, doctrinal, and practical challenges. In other works, we have met these challenges by engaging in a careful analysis of this “mosaic theory” and by proposing that courts focus …