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Articles 1 - 13 of 13
Full-Text Articles in Law
End The Death Penalty, Rachel A. Van Cleave
De-Categorizing Child Abuse - Equally Devastating Acts Require Equally Solicitous Statutes Of Limitations, Rosemary La Puma
De-Categorizing Child Abuse - Equally Devastating Acts Require Equally Solicitous Statutes Of Limitations, Rosemary La Puma
Publications
News reports of childhood sexual abuse by Catholic priests initially shocked and subsequently angered the public. Emboldened by the public's reaction toward sexual abusers, survivors attempted to confront their abusers in civil court. Jurisdictions adjudicated these claims if they were brought within two years of reaching the age of majority. Yet, survivors often did not recognize the damage done to them until several years after they reached the age of majority. And by the time they did, the two-year statute of limitations had passed. In the late 1980s and early 1990s, survivors lobbied state legislatures to extend. the time within …
The Best Public Defenders Are Anarchists, Rachel A. Van Cleave, Peter Keane
The Best Public Defenders Are Anarchists, Rachel A. Van Cleave, Peter Keane
Publications
After decades in criminal defense and in legal education, Golden Gate University School of Law Dean Emeritus Peter Keane is retiring. In addition to serving as dean and leading the San Francisco Public Defender's Office, Keane has also taken on leadership roles with the State Bar and with numerous tasks forces and commissions. He sat down recently with Rachel Van Cleave, the current dean of GGU Law, to reflect on his career.
Threaten Sentencing Enhancement, Coerce Plea, (Wash, Rinse,) Repeat: A Cause Of Wrongful Conviction By Guilty Plea, Wes R. Porter
Threaten Sentencing Enhancement, Coerce Plea, (Wash, Rinse,) Repeat: A Cause Of Wrongful Conviction By Guilty Plea, Wes R. Porter
Publications
Our American criminal justice system is too often described as broken. It was not a clean break in a single, isolated location. Instead, our criminal justice system suffers from many, many little nicks, bumps, and bruises at the hands of its keepers. The evolution of sentencing enhancements within our criminal justice system represents the latest nagging, reoccurring injury. In the ultimate Trojan horse to criminal defendants, the Supreme Court sought to protect the individual rights of the accused with its recent decisions on sentencing enhancements. But at the hands of lawmakers, the judiciary, and prosecutors, criminal defendants suffer more. Our …
Guns And Drugs, Benjamin Levin
Guns And Drugs, Benjamin Levin
Publications
This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, this Article uses as its test case the criminal regulation of gun possession. This Article identifies and distills three lines of drug war criticism and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, this Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social and economic costs of mass …
Values And Assumptions In Criminal Adjudication, Benjamin Levin
Values And Assumptions In Criminal Adjudication, Benjamin Levin
Publications
This Response to Andrew Manuel Crespo's Systemic Facts: Toward Institutional Awareness in Criminal Courts proceeds in two Parts. In Part I, I argue that Crespo presents a compelling case for the importance of systemic factfinding to the task of criminal court judges. If, as a range of scholars has argued, criminal courts are increasingly serving a quasi-administrative function, then shouldn’t they at least be administrating accurately? Systemic Facts provides a novel account of how — with comparatively little institutional reform — courts might begin to serve as more effective administrators. However, in Part II, I also argue that Crespo’s account …
Anti-Rape Culture, Aya Gruber
Anti-Rape Culture, Aya Gruber
Publications
This essay, written for the Kansas Law Review Symposium on Campus Sexual Assault, critically analyzes “anti-rape culture” ― a set of empirical claims about rape’s prevalence, causes, and effects and a set of normative ideas about sex, gender, and institutional authority ― which has heralded a new era of discipline, in all senses of the word, on college campuses. In the past few years, publicity about the campus rape crisis has created widespread anxiety, despite the fact that incidents of sexual assault have generally declined and one-in-four-type statistics have been around for decades. The recent surge of interest is due …
Consent Confusion, Aya Gruber
Consent Confusion, Aya Gruber
Publications
The slogans are ubiquitous: “Only ‘Yes’ Means ‘Yes’”; “Got Consent?”; “Consent is Hot, Assault is Not!” Clear consent is the rule, but the meaning of sexual consent is far from clear. The current state of confusion is evident in the numerous competing views about what constitutes mental agreement (grudging acceptance or eager desire?) and what comprises performative consent (passive acquiescence or an enthusiastic “yes”?). This paper seeks to clear up the consent confusion. It charts the contours of the sexual consent framework, categorizes different definitions of affirmative consent, and critically describes arguments for and against affirmative consent. Today’s widespread uncertainty …
Not Affirmative Consent, Aya Gruber
Criminal Labor Law, Benjamin Levin
Criminal Labor Law, Benjamin Levin
Publications
This Article examines a recent rise in civil suits brought against unions under criminal statutes. By looking at the long history of criminal regulation of labor, the Article argues that these suits represent an attack on the theoretical underpinnings of post-New Deal U.S. labor law and an attempt to revive a nineteenth century conception of unions as extortionate criminal conspiracies. The Article further argues that this criminal turn is reflective of a broader contemporary preference for finding criminal solutions to social and economic problems. In a moment of political gridlock, parties seeking regulation increasingly do so via criminal statute. In …
The Lgbt Piece Of The Underenforcement-Overenforcement Puzzle, Aya Gruber
The Lgbt Piece Of The Underenforcement-Overenforcement Puzzle, Aya Gruber
Publications
No abstract provided.
Zero-Tolerance Comes To International Law, Aya Gruber
Zero-Tolerance Comes To International Law, Aya Gruber
Publications
No abstract provided.
Rape Law Revisited, Aya Gruber
Rape Law Revisited, Aya Gruber
Publications
This essay introduces the Ohio State Journal of Criminal Law Symposium, “Rape Law Revisited” (Vol. 13(2)). The Symposium features articles by Deborah Tuerkheimer, Kimberly Ferzan, David Bryden and Erica Madore, Bennett Capers, and Erin Collins. The symposium provides fresh perspectives on the issues surrounding sexual assault law and policy in today’s environment. The introduction notes that the current rape reform redux is not just a rehashing of old arguments, but boasts many new features. Today’s rape activism occurs in a moment when feminist ideas about coerced sex no longer exist at the margins — they govern and enjoy cultural acceptance, …