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Articles 1 - 9 of 9
Full-Text Articles in Law
Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor
Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor
Faculty Publications By Year
No abstract provided.
Rules, Standards, Sentencing, And The Nature Of Law, Russell D. Covey
Rules, Standards, Sentencing, And The Nature Of Law, Russell D. Covey
Faculty Publications By Year
Sentencing law and practice in the United States can be characterized as an argument about rules and standards. Whereas in the decades prior to the 1980s when sentencing was largely a discretionary activity governed only by broad sentencing standards, a sentencing reform movement in the 1980s transformed sentencing practice through the advent of sentencing guidelines and mandatory minimum provisions. As a result, sentencing became far less standard-like and far more rule-like. Although reform proponents believed that this "rulification" of sentencing would reduce unwarranted sentencing disparities and enhance justice, it is far from clear that these goals were achieved. Indeed, the …
Doubts About Death, Lauren Sudeall Lucas
Doubts About Death, Lauren Sudeall Lucas
Faculty Publications By Year
No abstract provided.
Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings, Russell D. Covey
Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings, Russell D. Covey
Faculty Publications By Year
The ubiquity of plea bargaining creates real concern that innocent defendants are occasionally, or perhaps even routinely, pleading guilty to avoid coercive trial sentences. Pleading guilty is a rational choice for defendants as long as prosecutors offer plea discounts so substantial that trial is not a rational strategy regardless of guilt or innocence. The long-recognized solution to this problem is to enforce limits on the size of the plea/trial sentencing differential. As a practical matter, however, discount limits are unenforceable if prosecutors retain ultimate discretion over charge selection and declination. Because the doctrine of prosecutorial charging discretion is immune to …
Signing Statements And The President's Authority To Refuse To Enforce The Law, Neil J. Kinkopf
Signing Statements And The President's Authority To Refuse To Enforce The Law, Neil J. Kinkopf
Faculty Publications By Year
No abstract provided.
First Force, William A. Edmundson
A Father's Crusade: The Medical Murder Of Ina Raja, Nirej S. Sekhon
A Father's Crusade: The Medical Murder Of Ina Raja, Nirej S. Sekhon
Faculty Publications By Year
No abstract provided.
Process And Prediction: A Return To A Fuzzy Model Of Pre-Trial Detention, Jack F. Williams
Process And Prediction: A Return To A Fuzzy Model Of Pre-Trial Detention, Jack F. Williams
Faculty Publications By Year
No abstract provided.
A Linguistic Analysis Of The Meanings Of "Search" In The Fourth Amendment: A Search For Common Sense, Clark D. Cunningham
A Linguistic Analysis Of The Meanings Of "Search" In The Fourth Amendment: A Search For Common Sense, Clark D. Cunningham
Faculty Publications By Year
This article offers a new technique for analyzing and evaluating competing interpretations of a legal text and applies that technique to one of the most debated questions of modern constitutional interpretation: the meaning of "searches" in the first clause of the fourth amendment. This Technique is called the "common sense" approach because it begins with a semantic analysis of the text in terms of the sense that the key words have in everyday speech. Such analysis reveals a complex of interlocked concepts that underlies the ability of speakers to recognize meaningful uses of these words. The common sense approach then …