Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Not All Plea Breaches Are Equal: Examining Heredia’S Extension Of Implicit Breach Analysis, Kevin Arns
Not All Plea Breaches Are Equal: Examining Heredia’S Extension Of Implicit Breach Analysis, Kevin Arns
Northwestern University Law Review
When the government enters into a plea agreement with a criminal defendant that stipulates that the government will give a specific sentence recommendation in exchange for the defendant’s guilty plea, it can implicitly breach that agreement by clearly distancing itself from the recommendation at the sentencing hearing. In most circuits, the implicit breach of a non-court-binding plea agreement—an agreement where the defendant is bound to the guilty plea even if the court rejects the sentence recommendation—entitles defendants to a remedy. However, in 2014, the Ninth Circuit was the first circuit to hold that a defendant is entitled to a remedy …
Judging Judicial Elections, Michael S. Kang, Joanna M. Shepherd
Judging Judicial Elections, Michael S. Kang, Joanna M. Shepherd
Michigan Law Review
Melinda Gann Hall’s new book Attacking Judges: How Campaign Advertising Influences State Supreme Court Elections suggests what seems impossible to many of us—a powerful defense of today’s partisan judicial elections. As judicial races hit new levels of campaign spending and television advertising, there has been a flood of criticism about the increasing partisanship, negativity, and role of money. In view of the “corrosive effect of money on judicial election campaigns” and “attack advertising,” the American Bar Association (ABA) recommends against judicial elections, which are currently used to select roughly 90 percent of state judges. Justice O’Connor, who has championed judicial-election …
In-House Counsel Beware!, Katrice Bridges Copeland
In-House Counsel Beware!, Katrice Bridges Copeland
Fordham Urban Law Journal
No abstract provided.