Law Commons^™

Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom

Robert Bloom

No abstract provided.

Changing The Narrative: Convincing Courts To Distinguish Between Misbehavior And Criminal Conduct In School Referral Cases, Marsha L. Levick, Robert G. Schwartz

University of the District of Columbia Law Review

No abstract provided.

Of Breaches Of The Peace, Home Invasions, And Securities Fraud, A. Christine Hurt

Faculty Scholarship

No abstract provided.

Summary Of Hidalgo V. District Court, 123 Nev. Adv. Op. 59, Barbra E. Zess

Nevada Supreme Court Summaries

Luis Hidalgo III and Anabel Espindola, awaiting a capital murder trial, made a petition for a writ of mandamus or prohibition challenging the alleged aggravating circumstances (solicitation to commit murder) as not being “a felony involving the use or threat of violence to the person of another,” as required by NRS 200.033(2)(b). The other aggravator, murder to receive money, was successfully challenged as violating SCR 250(4)(c) requirements.

Statistics In The Jury Box: How Jurors Respond To Mitochondrial Dna Match Probabilities, David H. Kaye, Valerie P. Hans, B. Michael Dann, Erin J. Farley, Stephanie Albertson

Cornell Law Faculty Publications

This article describes parts of an unusually realistic experiment on the comprehension of expert testimony on mitochondrial DNA (mtDNA) sequencing in a criminal trial for robbery. Specifically, we examine how jurors who responded to summonses for jury duty evaluated portions of videotaped testimony involving probabilities and statistics. Although some jurors showed susceptibility to classic fallacies in interpreting conditional probabilities, the jurors as a whole were not overwhelmed by a 99.98% exclusion probability that the prosecution presented. Cognitive errors favoring the defense were more prevalent than ones favoring the prosecution. These findings lend scant support to the legal argument that mtDNA …

Human Shields, Homicides, And House Fires: How A Domestic Law Analogy Can Guide International Law Regarding Human Shield Tactics In Armed Conflict, Douglas H. Fischer

American University Law Review

No abstract provided.

Defining And Determining Retardation In Texas Capital Murder Defendants: A Proposal To The Texas Legislature., Graham Baker

The Scholar: St. Mary's Law Review on Race and Social Justice

Although the Supreme Court of the United States ruled it is cruel and unusual to execute someone with a mental handicap, Texas statutes still do not adequately protect these individuals. Previously, the Court in Penry v. Lynaugh upheld states executing individuals with mental deficiencies. However, individual states began to outlaw such a practice. When the Court heard Atkins v. Virginia, they determined the states created a national consensus against executing persons who possess certain developmental disabilities, thus rendering it cruel and unusual. Atkins did not, however, define mental retardation and left it up to individual states to determine that criteria. …

Criminal Law, Franklin J. Hogue, Laura D. Hogue

Mercer Law Review

As in previous years, we cannot comment on every development in criminal law in Georgia that occurred this past year through appellate opinions and statutory changes. We cannot even footnote all of them. Instead, we have chosen cases that are the most important or the most interesting or those that may have the widest application to the future course of criminal practice and procedure. We hope this Article is useful to our colleagues who practice criminal law.

Death Penalty Law, Therese M. Day

Mercer Law Review

This Article provides a survey of death penalty case law in Georgia from June 1, 2006 through May 31, 2007. The cases include those that were heard by the Georgia Supreme Court on interim appeal and direct appeal,1 and discussion is limited to claims which present new issues of law, refine existing law, or are otherwise instructive. This Article does not discuss holdings in capital cases that are common to all criminal appeals because these are discussed elsewhere in this Survey.

Summary Of Wilson V. State Of Nevada, 123 Nev. Adv. Op. No. 54, Tanya Gaylord

Nevada Supreme Court Summaries

No abstract provided.

What Is A Business Crime?, Richard A. Booth

Working Paper Series

Criminal prosecution has been used with increasing frequency recently in connection with a variety of business failures and other financial offenses. Indeed, it appears that there are few such offenses that cannot be prosecuted criminally even though they also give rise to civil remedies. While some such offenses seem to be quite serious frauds, others seem to be as minor as getting the accounting rules wrong. Thus, the question addressed in this essay is how to define a business crime and what should be the proper role of criminal prosecution in connection with business offenses. I start with the proposition …

Suspension And The Extrajudicial Constitution, Trevor W. Morrison

Cornell Law Faculty Publications

What happens when Congress suspends the writ of habeas corpus? Everyone agrees that suspending habeas makes that particular - and particularly important - judicial remedy unavailable for those detained by the government. But does suspension also affect the underlying legality of the detention? That is, in addition to making the habeas remedy unavailable, does suspension convert an otherwise unlawful detention into a lawful one? Some, including Justice Scalia in the 2004 case Hamdi v. Rumsfeld and Professor David Shapiro in an important recent article, answer yes.

This Article answers no. I previously offered that same answer in a symposium essay; …

Defusing The Bomb: The Scope Of The Federal Explosives Statute, Peter Moreno

Washington Law Review

A federal statute, 18 U.S.C. § 844(h)(2) (2000), imposes a mandatory ten-year term of imprisonment on anyone who "carries an explosive during the commission of any felony which may be prosecuted in a court of the United States." The United States Courts of Appeals are split over whether the statute must be read to include a relational element such that the crime is carrying explosives in relation to another felony. The Third, Fifth, and Sixth Circuits have rejected the notion that the statute contains such an implicit limitation. In contrast, the Ninth Circuit recently held that the application of § …

Rethinking Dui Law In Virginia, Monte Kuligowski

University of Richmond Law Review

As the demand for safer roadways needs little supporting argument, I turn to the constitutional problem of strict criminal liability law, followed with a brief analysis of criminal intent and strict liability law within the criminal system, some examples of how other states have responded to the inherent tensions, and a few specific thoughts for the legislature to consider.

Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

Electronic Data: A Commentary On The Law In Virginia In 2007, Hon. Thomas D. Horne

University of Richmond Law Review

No abstract provided.

Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr.

University of Richmond Law Review

No abstract provided.

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr.

University of Richmond Law Review

The authors have endeavored to select from the many appellate cases those that have the most significant precedential value. The article also outlines some of the most consequential changes tothe law enacted by the Virginia General Assembly in the areas ofcriminal law and procedure.

The Price Of Misdemeanor Representation, Erica J. Hashimoto

Scholarly Works

Nobody disputes either the reality of excessive caseloads in indigent defense systems or their negative effects. More than forth years after Gideon v. Wainwright, however, few seem willing to accept that additional resources will not magically appear to solve the problem. Rather, concerned observers demand more funds while state and local legislators resist those entreaties in the face of political resistance and pressures to balance government budgets. Recognizing that indigent defense systems must operate in a world of limited resources, states should reduce the number of cases streaming into those systems by significantly curtailing the appointment of counsel in low-level …

The Origins Of Shared Intuitions Of Justice, Paul H. Robinson, Robert O. Kurzban, Owen D. Jones

All Faculty Scholarship

Contrary to the common wisdom among criminal law scholars, the empirical evidence reveals that people's intuitions of justice are often specific, nuanced, and widely shared. Indeed, with regard to the core harms and evils to which criminal law addresses itself – physical aggression, takings without consent, and deception in transactions – the shared intuitions are stunningly consistent, across cultures as well as demographics. It is puzzling that judgments of moral blameworthiness, which seem so complex and subjective, reflect such a remarkable consensus. What could explain this striking result? The authors theorize that one explanation may be an evolved predisposition toward …

Faster, Higher, Stronger: Preventing Human Trafficking At The 2010 Olympics, Benjamin Perrin

All Faculty Publications

This report considers the upcoming 2010 Olympics in Vancouver in the context of Canada’s human trafficking response to date, and makes recommendations to ensure that this event showcases our best to the world – and is not a flashpoint for human trafficking.

Summary Of Dewey V. State, 123 Nev. Adv. Op. No. 47, Nevada Law Journal

Nevada Supreme Court Summaries

No abstract provided.

Statement Of Steven L. Chanenson Before The United States Sentencing Commission Regarding Retroactivity Of Crack Guidelines Amendments, Steven Chanenson

Steven L. Chanenson

No abstract provided.

Fallibility + Unchecked Power = Trouble, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

The Noose, Timothy Zick

Popular Media

No abstract provided.

Summary Of Ryan V. Dist. Ct., 123 Nev. Adv. Op. No. 42, Katie Maw

Nevada Supreme Court Summaries

Petition for a writ of mandamus challenging a district court’s order denying petitioner’s motion to substitute counsel.

The Case Of The Crooked Convictions: Erle Stanley Gardner, Perry Mason, And The Court Of Last Resort, Malinda Seymore

Malinda L. Seymore

Eric K. Leonard On Atrocity, Punishment, And International Law By Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 Pp., Eric K. Leonard

Human Rights & Human Welfare

A review of:

Atrocity, Punishment, and International Law by Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 pp.

Juvenile Justice: The Nathaniel Abraham Murder Case, Eugene Arthur Moore

University of Michigan Journal of Law Reform

Once in a while, a case will come along that has such an enormous impact on the law that it is certain to draw attention. One such case was the Nathaniel Abraham murder case----a case involving the sentencing of a young eleven-year-old child in a system designed for older juvenile offenders, which demonstrated some of the novel and important issues facing the juvenile courts today. With the onset of such issues, the Juvenile Justice System has developed into a complex field of vital importance. Investing in the Juvenile Justice System allows us to invest in our future. Although frequently viewed …

Troubled Children And Children In Trouble: Redefining The Role Of The Juvenile Court In The Lives Of Children, Ann Reyes Robbins

University of Michigan Journal of Law Reform

This Essay considers the emerging research in the area of dual-jurisdiction children, often referred to as "crossover kids "-those currently or previously involved in maltreatment proceedings who have also committed delinquent acts. Part I describes the development of the juvenile courts in the early twentieth century. Part II of this Essay questions the need to "track" children along one legal path or another and points to the pitfalls of providing services to some children through a criminal justice paradigm instead of treating all children through a social work paradigm. Finally, Part III advocates a redesign of the juvenile court- a …