Law Commons^™

Two Cheers For A Tale Of Three Cities, David Yellen

Articles

No abstract provided.

Turning Back The Clock On Sexual Abuse Of Children: Amending Virginia's Statute Of Limitations, Paul A. Lombardo

Faculty Publications By Year

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Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Balancing The Need For Enhanced Sentences For Perjury At Trial Under Section 3c1.1 Of The Sentencing Guidelines And The Defendant's Right To Testify, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer

Articles

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Scottsboro Boys In 1991: The Promise Of Adequate Criminal Representation Through The Years, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Tricks Prosecutors Play, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Criminal defense lawyers must recognize and challenge prosecutorial misconduct whenever it occurs. In my opinion, prosecutor's today wield greater power, engage in more egregious misconduct, and are less subject to judicial or bar association oversight than ever before. Few defense lawyers or commentators would disagree with these conclusions. Indeed, some types of prosecutorial misconduct have become almost “normative to the system.”

The Impact Of Criminal Justice Administration On The Penal Sanction, Mark Findlay

Research Collection Yong Pung How School Of Law

One of the central philosophies underlying the Report of the Royal Commission into NSW Prisons is revealed in the widely quoted aphorism, "A person is sent to prison as punishment, not for punishment". The conditions under which prisoners are contained feature crucially in assessing both the perceptions and reality of prison as a punishment. Expectations for the experience of imprisonment vary enormously. These expectations in many particular forms have been used to justify the expansion and diversification of the penal sanction. In their most modest representation, however, it is hoped that "by treating all prisoners humanely in a manner befitting …

Procedural Due Process In Guidelines Sentencing, Susan Herman

Faculty Scholarship

No abstract provided.

The Victims' Bill Of Rights: Where Did It Come From And How Much Did It Do?, J. Clark Kelso, Brigitte A. Bass

McGeorge School of Law Scholarly Articles

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Significant Cases Interpreting Proposition 8, J. Clark Kelso, Brigitte A. Bass

McGeorge School of Law Scholarly Articles

No abstract provided.

Thelma And Louise And Bonnie And Jean: Images Of Women As Criminals, Susan Herman

Faculty Scholarship

No abstract provided.

Update--Criminal Law & Procedure, Bruce G. Berner, David E. Vandercoy

Law Faculty Publications

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Standards Of Review In Illinois Criminal Cases: The Need For Major Reform, 17 S. Ill. U. L.J. 51 (1992), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

The New Prosecutors, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The power and prestige of the American prosecutor have changed dramatically over the past twenty years. Three generalizations appropriately describe this change. First, prosecutors wield vastly more power than ever before. Second, prosecutors are more insulated from judicial control over their conduct. Third, prosecutors are increasingly immune to ethical restraints. Only the last point may provoke some controversy; the first two are easily documented, and generally accepted by the courts and commentators.

Part I of this article examines in greater detail this vast accretion of prosecutorial power, and explains how this transformation has resulted in a radical skewing of the …

Review Essay: Feminism, Lawyering, And Death Row, Joan W. Howarth

Scholarly Works

Representing men on death row is confounding, but not without reward. This lawyering work has taught me at least two lessons, the subjects of this essay. First, capital punishment--our attempt to use legal procedures to kill people fairly--is a feminist issue, or should be. Second, death row representation is too big a job for lawyers; we need to recruit poets. To develop these ideas, and perhaps to convince you without requiring you to undertake the same path to these conclusions, I am appropriating novelist Beverly Lowry's stunning new book, Crossed Over: A Murder, A Memoir. Crossed Over is the story …

Colorado Rules Of Professional Conduct: Implications For Criminal Lawyers, H. Patrick Furman, Daniel A. Vigil

Publications

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"Reforming" Federal Habeas Corpus: The Cost Of Federalism; The Burden For Defense Counsel; And The Loss Of Innocence, J. Thomas Sullivan

Faculty Scholarship

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(Un)Luckey V. Miller: The Case For A Structural Injunction To Improve Indigent Defense Services, Rodger D. Citron

Scholarly Works

No abstract provided.

The Reasonable Woman And The Ordinary Man, Carol Sanger

Faculty Scholarship

Nineteen ninety-one was a seismic year for sexual harassment. The first localized shift occurred in January, when the Ninth Circuit established that the standard by which sexual harassment in the workplace would be judged was no longer the reasonable man or even the reasonable person but rather the reasonable woman. In October a larger audience felt a much stronger jolt when Anita Hill spoke before the Senate Judiciary Committee.

Hill testified that Supreme Court nominee Clarence Thomas had sexually harassed her while she worked for him at the Department of Education and at the Equal Employment Opportunity Commission. Her testimony …

An Asymmetrical Approach To The Problem Of Peremptories?, Richard D. Friedman

Articles

The Supreme Court's decision in Batson v. Kentucky, and the extension of Batson to parties other than prosecutors, may be expected to put pressure on the institution of peremptory challenges. After a brief review of the history of peremptories, this article contends that peremptories for criminal defendants serve important values of our criminal justice system. It then argues that peremptories for prosecutors are not as important, and that it may no longer be worthwhile to maintain them in light of the administrative complexities inevitable in a system of peremptories consistent with Batson. The article concludes that the asymmetry of allowing …

Sentencing Guidelines And Mandatory Minimums: Mixing Apples And Oranges, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Police Officers Accused Of Crime: Prosecutorial And Fifth Amendment Risks Posed By Police-Elicited "Use Immunized" Statements, Kate Bloch

Faculty Scholarship

No abstract provided.

The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal convictions …

State Ethics Rules And Federal Prosecutors: The Controversies Over The Anti-Contact And Subpoena Rules, Roger C. Cramton, Lisa K. Udell

Cornell Law Faculty Publications

No abstract provided.

An Agency Cost Analysis Of The Sentencing Reform Act: Recalling The Virtues Of Delegating Complex Decisions, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

For many outside the legal profession, the end of a legal case is the reading of the verdict. However, that is only the beginning for those being judged. One of the most significant and delicate tasks within the sphere of the legal system is that of sentencing those convicted. Because of the extreme personal impact that a judge's sentencing has on each individual, the most effective approach to creating guidelines for sentencing has been a hot topic of debate. Upon the birth of the Sentencing Reform Act of 1984, the system changed from one of standards to one of often …

Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman

Articles

The invitation to respond in these pages to Gary Lawson's very interesting article, Proving the Law, was tempting enough. But what made it irresistible was Professor Lawson's comment that he is "addressing, with a brevity that borders on the irresponsible, subjects well beyond [his] depth." Now, that's the kind of debate I really like. Let me jump right in. A principal question raised by Lawson, which I find quite interesting, may be phrased in general, and purposefully ambiguous, terms as follows: Before an actor treats a proposition as a valid2 proposition of law, what standard of persuasion should that proposition …

Death-Innocence And The Law Of Habeas Corpus, Stephen P. Garvey

Cornell Law Faculty Publications

The legal space between a sentence of death and the execution chamber is occupied by an intricate network of procedural rules. On average, it currently takes between six and seven years to traverse this space, but this interval is expected to shrink. Federal habeas corpus, an important part of this space, is studded more and more with procedural obstacles that bar the federal courts from entertaining the merits of a defendant's claims. By design, these barriers foreclose federal review in order to protect the state's interests in the finality of its criminal convictions, as well as to display healthy respect …

The Tail That Wagged The Dog: Bifurcated Factfinding Under The Federal Sentencing Guidelines And The Limits Of Due Process, Susan Herman

Faculty Scholarship

No abstract provided.

Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.