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Articles 1 - 3 of 3
Full-Text Articles in Law
Boumediene V. Bush And Guantanamo, Cuba: Does The 'Empire Strike Back'?, Ernesto Hernandez-Lopez
Boumediene V. Bush And Guantanamo, Cuba: Does The 'Empire Strike Back'?, Ernesto Hernandez-Lopez
Ernesto A. Hernandez
Commenting on the U.S. Supreme Court decision in Boumediene v. Bush (2008) and the U.S. occupation of the Naval Station at Guantanamo Bay, Cuba, this Article argues that anomaly on the base heavily influences "War on Terror" detention jurisprudence. Anomaly is created by agreements between the U.S. and Cuba in 1903 and 1934. They affirm that the U.S. lacks sovereignty over Guantanamo but retains "complete jurisdiction and control" for an indefinite period; while Cuba has "ultimate sovereignty." Gerald Neuman labels this an "anomalous zone" with fundamental legal rules locally suspended. The base was chosen as a detention center because of …
Judicial Transparency, Judicial Ethics, And A Judicial Solution: An Inspector General For The Courts, Ronald Rotunda
Judicial Transparency, Judicial Ethics, And A Judicial Solution: An Inspector General For The Courts, Ronald Rotunda
Ronald D. Rotunda
Many federal judges routinely fear criticism, but that fear is unwarranted. The public is rightly concerned that the procedure to investigate and discipline problem-judges is flawed, particularly in a few high-profile cases discussed in this article. Several recent indictments of federal judges add to the problem. As Judge Ralph Winter has acknowledged, the status quo is "not a confidence builder". Judges should welcome an Inspector General for the Federal Courts, who could restore public confidence in the federal judicial discipline system. The Inspector General can investigate potential ethical violations and proceed in those few instances where more is needed. This …
Evidence-Based Sentencing: The Science Of Sentencing Policy And Practice, Richard Redding
Evidence-Based Sentencing: The Science Of Sentencing Policy And Practice, Richard Redding
Richard E. Redding
Sentencing is where much of the action is in criminal practice, particularly since ninety percent or more of cases never go to trial but are settled through plea bargains. Acting within the constraints of applicable presumptive or mandatory sentencing guidelines, probation officers, prosecutors, defense attorneys, and judges typically rely on their instincts and experience to fashion a sentence based upon the information available about the offense and offender. But relying upon gut instinct and experience is no longer sufficient. It may even be unethical – a kind of sentencing malpractice that produces sentencing recommendations and decisions that are neither transparent …