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Full-Text Articles in Law
Punishment As Suffering, David Gray
Punishment As Suffering, David Gray
Vanderbilt Law Review
When it comes to punishment, should we be subjectivists or objectivists? That is, should we define, measure, and justify punishment based on the subjective experiences of those who are punished or should we instead remain objective, focusing our attention on acts, culpability, and desert? In a recent series of high- profile articles, a group of contemporary scholars has taken up the mantle of subjectivism. In their view, criminal punishment is a grand machine for the production of negative subjective experiences-suffering. The machine requires calibration, of course. According to these scholars, the main standard we use for ours is comparative proportionality. …
Admitting Guilt By Professing Innocence: When Sentence Enhancements Bases On "Alford" Pleas Are Unconstitutional, Anne D. Gooch
Admitting Guilt By Professing Innocence: When Sentence Enhancements Bases On "Alford" Pleas Are Unconstitutional, Anne D. Gooch
Vanderbilt Law Review
A few days before Christmas in 1994, in Vineland, New Jersey, Charles Apprendi, Jr. was drunk. At 2:04 a.m., he fired several shots from a .22 caliber gun into the home of an African-American family in his neighborhood. By 3:05 a.m., he had been arrested and had admitted that he was the shooter. Apprendi was interrogated for several hours after these events. At 6:04 a.m., he apparently stated that he committed the crime because the victims were black, but he later retracted this statement. Apprendi was indicted on twenty-three counts in connection with the shooting, and eventually pleaded guilty to …
Taking Great Cases: Lessons From The "Rosenberg" Case, Brad Snyder
Taking Great Cases: Lessons From The "Rosenberg" Case, Brad Snyder
Vanderbilt Law Review
The most watched case of the 1952 Supreme Court Term was not Brown v. Board of Education, but the case of convicted atomic spies Julius and Ethel Rosenberg. Sentenced to death in April 1951 for passing atomic secrets to the Soviets, the Rosenbergs dominated the news and divided the country. Their case came at the height of Cold War America's obsession with Communism. Senator Joe McCarthy and the House Un-American Activities Committee were exposing alleged Communists in the federal government and Hollywood, and the U.S. military was fighting the Korean War to try to stop the spread of Communism abroad. …
Constitutionality Of Cyberbullying Laws: Keeping The Online Playground Safe For Both Teens And Free Speech, Alison V. King
Constitutionality Of Cyberbullying Laws: Keeping The Online Playground Safe For Both Teens And Free Speech, Alison V. King
Vanderbilt Law Review
The Internet is a blessing and a curse. Along with the manifold benefits the Internet provides-electronic research, instantaneous news, social networking, online shopping, to name a few-comes a host of dangers: online harassment and cyberbullying, hacking, voyeurism, identity theft, phishing, and perhaps still more perils that have yet to appear. The Internet creates a virtual world that can result in very real consequences for people's lives. This creates a challenge for parents, schools, and policymakers attempting to keep pace with rapidly developing technologies and to provide adequate protections for children. The even greater challenge, however, is to balance these vital …