Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Counter-Revolution In Constitutional Criminal Procedure? Two Audiences, Two Answers, Carol S. Steiker
Counter-Revolution In Constitutional Criminal Procedure? Two Audiences, Two Answers, Carol S. Steiker
Michigan Law Review
For the purposes of my argument, I adapt Professor Meir Dan-Cohen's distinction (which he in turn borrowed from Jeremy Bentham) between "conduct" rules and "decision" rules. Bentham and Dan-Cohen make this distinction in the context of substantive criminal law; for their purposes, "conduct" rules are addressed to the general public in order to guide its behavior (for example, "Let no person steal") and "decision" rules are addressed to public officials in order to guide their decisionmaking about the consequences of violating conduct rules (for example, "Let the judge cause whoever is convicted of stealing to be hanged"). But as any …
Judicial Reform Of Habeas Corpus: The Advocates' Lament, Christopher E. Smith
Judicial Reform Of Habeas Corpus: The Advocates' Lament, Christopher E. Smith
Cleveland State Law Review
The U. S. Supreme Court has engineered significant changes in habeas corpus procedures. Any change in law or public policy has consequences for the human beings whose lives come into contact with the changed law or policy. Critics have accused the Rehnquist Court of "dismantling access to federal habeas corpus review guaranteed by statute since 1867." As a result, concerns have emerged regarding the consequences for potential petitioners whose claims can no longer be reviewed by federal judges. While the fate of death row inmates is the most important consequence of habeas corpus reform, anecdotal reports on these controversial cases …