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Articles 61 - 68 of 68
Full-Text Articles in Law
Transnational Networks And International Criminal Justice, Jenia I. Turner
Transnational Networks And International Criminal Justice, Jenia I. Turner
Faculty Journal Articles and Book Chapters
The theory of trans-governmental networks describes how elements within the governments of various nations make and affect policy by coordinating with each other informally, without official or formal legal sanction. Anne-Marie Slaughter and others have argued that this sort of coordination is useful in many different areas of cross-border regulation, including banking, antitrust, environmental protection, and securities law.
One area to which the theory has not yet been applied is international criminal law. By its nature, international criminal law transcends national boundaries. But at least until recently, it had not generated the kinds of informal trans-governmental networks that have emerged …
Does Stare Decisis Apply In The Eighth Amendment Death Penalty Context, Meghan J. Ryan
Does Stare Decisis Apply In The Eighth Amendment Death Penalty Context, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
Throughout the past few decades, the Supreme Court has steadily chipped away at the death penalty. It was only recently, however, that courts have confronted what role precedent plays in the Eighth Amendment death penalty context. Surprisingly, few scholars have yet explored this important and complicated issue. Precedent in this area is unique because the law of the Eighth Amendment is always changing and the Eighth Amendment has been interpreted to be applied more broadly in the death penalty context. This Article argues that precedent in the Eighth Amendment death penalty context does not apply in the typical fashion. Instead …
Nationalizing International Criminal Law, Jenia I. Turner
Nationalizing International Criminal Law, Jenia I. Turner
Faculty Journal Articles and Book Chapters
International law scholars often assume that the best way to enforce human rights is by establishing strong international institutions that develop the law progressively and enforce it independently. Political realists counter that such institutions are only as useful as powerful states permit them to be, and discourage expansive visions of their mandate. Partisans of the recently created International Criminal Court (ICC) must come to terms with the realist challenge. They must work to adapt the institution accordingly, without abandoning hope for the project altogether. Although the ICC will be constrained by the state support it commands, it can make a …
Implementing Blakely, Jenia I. Turner
Implementing Blakely, Jenia I. Turner
Faculty Journal Articles and Book Chapters
By declaring that sentence-enhancing facts must be proven to a jury beyond a reasonable doubt, the Supreme Court in Blakely v. Washington has raised a number of questions about the future of guided sentencing. One of these questions - only beginning to be explored - is what procedures would be needed in a system that both implements Blakely and preserves sentencing guidelines. What factors would be submitted to the jury and what instructions would be given? Would sentencing issues be presented to the jury in a separate hearing, distinct from trial? If so, what evidentiary rules would apply?
This paper …
Beyond The Bright Line: A Contemporary Right-To-Counsel Doctrine, Pamela R. Metzger
Beyond The Bright Line: A Contemporary Right-To-Counsel Doctrine, Pamela R. Metzger
Faculty Journal Articles and Book Chapters
The current right-to-counsel doctrine was developed in the 1970's. It created a bright-line rule still in effect today. The right to counsel attaches only at "critical stages" of a criminal prosecution. Under this critical stage doctrine, the right to counsel only attaches after the initiation of formal adversary proceedings and only applies to confrontations between the accused and the prosecution or law enforcement. In the years following the Supreme Court's development of the critical stage doctrine, national trends of mandatory sentencing and sentencing guidelines revolutionized criminal procedure and dramatically altered the roles of the system's key players.
Now, defense counsel's …
And The Walls Came Tumbling Down: Sharing Grand Jury Information With The Intelligence Community Under The Usa Patriot Act, Jennifer M. Collins
And The Walls Came Tumbling Down: Sharing Grand Jury Information With The Intelligence Community Under The Usa Patriot Act, Jennifer M. Collins
Faculty Journal Articles and Book Chapters
No abstract provided.
Antitrust: Criminal Intent In Antitrust Prosecutions, Collateral Estoppel And Section 5(A) Of The Clayton Act, And The Relationship Of Standing And Injury In Private Antitrust Suits, C. Paul Rogers Iii
Faculty Journal Articles and Book Chapters
No abstract provided.
Voir Dire Of Jurors: Constitutional Limits To The Right Of Inquiry Into Prejudice, Jeffrey M. Gaba
Voir Dire Of Jurors: Constitutional Limits To The Right Of Inquiry Into Prejudice, Jeffrey M. Gaba
Faculty Journal Articles and Book Chapters
Although the voir dire of jurors is one of the most significant mechanisms by which an impartial jury is secured, as a practical matter the right to examine prospective jurors is not unlimited. Vested with great discretion, a trial judge may at some point constitutionally preclude inquiry into possible prejudice, but determining that point has not proved to be easy. In 1976, the Supreme Court in Ristaino v. Ross directly considered the constitutional limits to voir dire and provided a test which could serve as a guide to trial court administration of the process. The Court suggested that questioning about …