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Full-Text Articles in Law
Considering Caretakers: An Explicit Argument For Downward Departures During Federal Sentencing Mitigation For Caretakers Of Children, Danielle Sparber Bukacheski
Considering Caretakers: An Explicit Argument For Downward Departures During Federal Sentencing Mitigation For Caretakers Of Children, Danielle Sparber Bukacheski
University of Miami Law Review
The sentencing stage of the federal legal system provides defendants with an opportunity to articulate why the sentencing judge is justified in imposing less severe sentences. Yet, under the Federal Sentencing Guidelines, sentencing judges have been restricted in the characteristics and background information that can be utilized when imposing a downward departure from the recommended Guidelines sentence. More specifically, there is great variability regarding the extent to which family-related circumstances can be utilized as justification for a downward departure due to the Sentencing Commission’s ambiguous language. Considering the damaging effects of incarceration on children when a caretaker is physically removed …
Crafting A Corporate Analogue To Criminal Disenfranchisement, B. Graves Lee Jr.
Crafting A Corporate Analogue To Criminal Disenfranchisement, B. Graves Lee Jr.
Michigan Business & Entrepreneurial Law Review
The Supreme Court’s 2010 decision in Citizens United v. FEC represented a sea change in the world of corporate citizenship. Although the decision dealt with campaign finance law, it has sparked significant discussion of the concept of corporate personhood more broadly. Corporations have increasingly taken advantage of legal rights previously reserved for individuals. This Note argues that where corporations reap the benefits of constitutional entitlements intended for individuals, they should suffer consequences for malfeasance similar to those imposed on individuals who engage in criminal conduct. Specifically, this Note advocates for limitations on corporate electioneering as a collateral consequence of a …
Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu
Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Remarks On Counterstrike, Eric Schmitt
Remarks On Counterstrike, Eric Schmitt
Penn State Journal of Law & International Affairs
After 9/11, the United States government was forced to think differently about terrorism and the nation’s ability to respond to attacks. Eric Schmitt and Thom Shanker address many of the intricacies faced by officials at the White House, the State Department and the Pentagon in their book Counterstrike. In this essay, transcribed from remarks given on March 21, 2012 at the Clarke Forum for Contemporary Issues at Dickinson College, Schmitt discusses how the U.S. government’s policies toward Al Qaeda and terrorism in general have evolved in the ten-year period following the attacks.