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Articles 1 - 8 of 8
Full-Text Articles in Law
Gideon V. Wainwright A Half Century Later, Yale Kamisar
Gideon V. Wainwright A Half Century Later, Yale Kamisar
Reviews
When he was nearing the end of his distinguished career, one of my former law professors observed that a dramatic story of a specific case "has the same advantages that a play or a novel has over a general discussion of ethics or political theory." Ms. Houppert illustrates this point in her very first chapter.
Our Broken Misdemeanor Justice System: Its Problems And Some Potential Solutions, Eve Brensike Primus
Our Broken Misdemeanor Justice System: Its Problems And Some Potential Solutions, Eve Brensike Primus
Reviews
Although misdemeanors comprise an overwhelming majority of state criminal court cases, little judicial and scholarly attention has been focused on how misdemeanor courts actually operate. In her article, Misdemeanors, Alexandra Natapoff rights this wrong and explains how the low-visibility, highly discretionary decisions made by actors at the misdemeanor level often result in rampant discrimination, incredible inefficiency, and vast miscarriages of justice. Misdemeanors makes a significant contribution to the literature by refocusing attention on the importance of misdemeanor offenses and beginning an important dialogue about what steps should be taken going forward to fix our broken misdemeanor justice system.
A Crisis In Federal Habeas Law, Eve Brensike Primus
A Crisis In Federal Habeas Law, Eve Brensike Primus
Reviews
Everyone recognizes that federal habeas doctrine is a mess. Despite repeated calls for reform, federal judges continue to waste countless hours reviewing habeas petitions only to dismiss the vast majority of them on procedural grounds. Broad change is necessary, but to be effective, such change must be animated by an overarching theory that explains when federal courts should exercise habeas jurisdiction. In Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ, Professors Nancy King and Joseph Hoffmann offer such a theory. Drawing on history, current practice, and empirical data, King and Hoffmann find unifying themes …
"Business On Trial: The True Story." Review Of Business On Trial: The Civil Jury And Corporate Responsibility, Richard O. Lempert
"Business On Trial: The True Story." Review Of Business On Trial: The Civil Jury And Corporate Responsibility, Richard O. Lempert
Reviews
Jury trials are very much an affair of stories. Lawyers tell stories to juries. Evidence is more convincing when presented in story order. Jurors use stories to make sense of evidence. And litigants, particularly losing litigants, tell stories about juries. One of the favorite stories of losing business litigants, second only to the irrational jury story, is the Robin Hood story. Juries love to play Robin Hood, to steal from the rich (businesses and insurance companies) and to give to the poor (individual litigants, especially individual tort litigants). The storytellers see no mystery here. Jurors are "little guys," like the …
Miranda: The Case, The Man, And The Players, Yale Kamisar
Miranda: The Case, The Man, And The Players, Yale Kamisar
Reviews
On the eve of America's bicentennial, the American Bar Association told its members of a plan to publish a book about the "milestone events" in 200 years of American legal history, and invited them to vote on the milestones to be included. When the balloting was over, Miranda v. Arizona1 - "the high-water mark" of the Warren Court's revolution in American criminal procedure2 - had received the fourth highest number of votes.3 I venture to say that if members of the general public had been asked to list the "most regrettable" or "most unfortunate" milestones in American legal history, Miranda …
Review Of Wiltshire Gaol Delivery And Trailbaston Trials, 1275-1306, Thomas A. Green
Review Of Wiltshire Gaol Delivery And Trailbaston Trials, 1275-1306, Thomas A. Green
Reviews
Ralph B. Pugh's handsome edition of Wiltshire gaol delivery and trailbaston trial rolls for the reign of Edward I provides a valuable resource for scholars of medieval crime and criminal law. The period covered bridges the era of the infrequent general eyres and that of the frequent circuits to try those being held on criminal charges. This transition period saw the development of various institutions and procedures designed to deal with a decline in social stability and an increase in criminal activity. To date, most scholarship has focused either on the workings of the mid-thirteenth- century eyre or on the …
Review Of Society And Homicide In Thirteenth-Century England, Thomas A. Green
Review Of Society And Homicide In Thirteenth-Century England, Thomas A. Green
Reviews
JAMES GIVEN has produced the first systematic book-length treatment of the sociology of medieval English crime. His work does not pretend to be comprehensive: it deals only with homicide. Nor does it cover more than a century, the thirteenth; the author has wisely left the earlier system of criminal law, based on private compensation, to other scholars, and he says just enough about late thirteenth- and early fourteenth- century social and legal change to suggest he believes that that period, too, must await its own interpretation. Still, the social history of homicide in the thirteenth century proves itself fascinating terrain, …
Documents And Their Scientific Examination, Victor H. Lane
Documents And Their Scientific Examination, Victor H. Lane
Reviews
Professor Lane's short review of a "little work" that touches on "the composition and behavior of inks, pencil pigments, sealing wax, and other writing materials in connection with their use upon documents." Lane feels that "A study such as this is of material importance in presenting expert evidence in civil and criminal cases..."