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Full-Text Articles in Law
Law Review Annual Banquet: The Joy Of Law, The Honorable William C. Griesbach
Law Review Annual Banquet: The Joy Of Law, The Honorable William C. Griesbach
Marquette Law Review
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Jamie S. V. Milwaukee Public Schools: Urban Challenges Cause Systemic Violations Of The Idea, Amy L. Macardy
Jamie S. V. Milwaukee Public Schools: Urban Challenges Cause Systemic Violations Of The Idea, Amy L. Macardy
Marquette Law Review
None
"Slicing A Shadow": The Debate Over Combined Reporting And Its Effect On Wisconsin's Business Climate, Staci Flinchbaugh
"Slicing A Shadow": The Debate Over Combined Reporting And Its Effect On Wisconsin's Business Climate, Staci Flinchbaugh
Marquette Law Review
None
Informational Blackmail: Survived By Technicality?, Chen Yehudai
Informational Blackmail: Survived By Technicality?, Chen Yehudai
Marquette Law Review
None
The Disappointed Expectations Test And The Economic Loss Doctrine, Ralph C. Anzivino
The Disappointed Expectations Test And The Economic Loss Doctrine, Ralph C. Anzivino
Marquette Law Review
None
Draining The Morass: Ending The Jurisprudentially Unsound Unpublication System, David R. Cleveland
Draining The Morass: Ending The Jurisprudentially Unsound Unpublication System, David R. Cleveland
Marquette Law Review
None
Beyond Decisional Templates: The Role Of Imaginative Justice In The Trial Court, The Honorable Sarah Evans Barker
Beyond Decisional Templates: The Role Of Imaginative Justice In The Trial Court, The Honorable Sarah Evans Barker
Marquette Law Review
None
The Legitimacy Of Police Among Young African-American Men, Tracey Meares
The Legitimacy Of Police Among Young African-American Men, Tracey Meares
Marquette Law Review
None
Table Of Contents For Volume 92 Issue 4, Marquette University
Table Of Contents For Volume 92 Issue 4, Marquette University
Marquette Law Review
None
Accomodating Respectful Religious Expression In The Workplace, Nantiya Ruan
Accomodating Respectful Religious Expression In The Workplace, Nantiya Ruan
Marquette Law Review
None
Volume 92, Issue 3 Table Of Contents, Marquette University
"Ideology In" Or "Cultural Cognition Of" Judging: What Difference Does It Make?, Dan M. Kahan
"Ideology In" Or "Cultural Cognition Of" Judging: What Difference Does It Make?, Dan M. Kahan
Marquette Law Review
None
A Matter Of Trust: Should No-Reliance Causes Bar Claims For Fraudulent Inducement Of Contract?, Allen Blair
A Matter Of Trust: Should No-Reliance Causes Bar Claims For Fraudulent Inducement Of Contract?, Allen Blair
Marquette Law Review
None
The Dilemma Of The Vengeful Client: A Prescriptive Framework For Cooling The Flames Of Anger, Robin Wellford Slocum
The Dilemma Of The Vengeful Client: A Prescriptive Framework For Cooling The Flames Of Anger, Robin Wellford Slocum
Marquette Law Review
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Making Sense Of Schaumberg: Seeking Coherence In First Amendment Charitable Solicitation Law, John D. Inazu
Making Sense Of Schaumberg: Seeking Coherence In First Amendment Charitable Solicitation Law, John D. Inazu
Marquette Law Review
None
Worksite Raids And Immigration Norms: A "Sticky" Problem, Benjamin Crouse
Worksite Raids And Immigration Norms: A "Sticky" Problem, Benjamin Crouse
Marquette Law Review
None
Same-Sex Divorce And Wisconsin Courts: Imperfect Harmony?, Louis Thorson
Same-Sex Divorce And Wisconsin Courts: Imperfect Harmony?, Louis Thorson
Marquette Law Review
None
Criminal Appeals: Past, Present, And Future, Chad M. Oldfather, Michael M. O'Hear
Criminal Appeals: Past, Present, And Future, Chad M. Oldfather, Michael M. O'Hear
Marquette Law Review
This brief essay serves two purposes. The first is to make some general observations about criminal appeals. It thus outlines the substantial institutional and doctrinal differences between the appellate process in civil and criminal cases, notes the relative lack of scholarship devoted to the criminal appellate process, and suggests that the role of the judge in criminal cases is undertheorized. The second is to introduce the pieces in a symposium issue of the Marquette Law Review, most of which was presented at a conference held at Marquette University Law School and entitled “Criminal Appeals: Past, Present, and Future.”
Judicial Blindness To Eyewitness Misidentification, Sandra Guerra Thompson
Judicial Blindness To Eyewitness Misidentification, Sandra Guerra Thompson
Marquette Law Review
Many studies of exonerations find that erroneous eyewitness identifications play a part in over 75% of all wrongful convictions. These studies have led to numerous proposals for reform of police procedures, yet we see surprisingly little progress toward minimizing eyewitness-identification error, a major cause of failure in the criminal justice systems of this country. This Article presents the findings of an empirical study of recent case law in which defendants challenge the legality of the eyewitness identification procedures. The study involved a review of all cases within the calendar year ending in April 8, 2009 in which state appellate courts …
Appellate Review Of Sentencing Policy Decisions After Kimbrough, Carissa Byrne Hessick
Appellate Review Of Sentencing Policy Decisions After Kimbrough, Carissa Byrne Hessick
Marquette Law Review
In Kimbrough v. United States the U.S. Supreme Court addressed a question left open in United States v. Booker: whether to permit district courts to make sentencing decisions based on a policy disagreement with the Federal Sentencing Guidelines. The Booker Court, in order to avoid a Sixth Amendment jury right problem inherent in mandatory sentencing regimes, had held that the Guidelines were purely "advisory" and that district courts had discretion to sentence outside the ranges prescribed by the Guidelines. Ultimately, the Kimbrough Court held that district courts could sentence outside the advisory Guideline range based solely on a policy disagreement …
The Future Of Appellate Sentencing Review: Booker In The States, John F. Pfaff
The Future Of Appellate Sentencing Review: Booker In The States, John F. Pfaff
Marquette Law Review
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Temporary Victims: Interpreting The Federal Fraud And Theft Sentencing Guideline, Ryan N. Parsons
Temporary Victims: Interpreting The Federal Fraud And Theft Sentencing Guideline, Ryan N. Parsons
Marquette Law Review
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Stories Of Crimes, Trials, And Appeals In Civil War Era Missouri, Frank O. Bowman Iii
Stories Of Crimes, Trials, And Appeals In Civil War Era Missouri, Frank O. Bowman Iii
Marquette Law Review
This paper explores criminal appellate practice in Missouri from the time of statehood in 1821 until the 1870s, with particular focus on the decades before and after the Civil War. The article uses the stories of three trials in and around Columbia, Missouri - an attempted rape case against a slave that resulted in a lynching, a murder case against a white farmer that ended in his execution, and another murder case successfully appealed - to explore the legal culture of the period. All three trials involved two prominent central Missouri lawyers, James S. Rollins and Odon Guitar, who were …
Scottsboro, Michael J. Klarman
Scottsboro, Michael J. Klarman
Marquette Law Review
This essay tells the story of Scottsboro, one of the most important legal events of the twentieth century, in which nine black teenagers were falsely accused of rape, sentenced to death, and twice successfully appealed their convictions to the United States Supreme Court. In addition to describing the Scottsboro episode in some detail, the essay seeks to draw some lessons from this story: Why did the Supreme Court’s first modern criminal procedure cases tend to involve southern blacks as defendants? Why did southern states seem to regress in their treatment of black criminal defendants in cases such as Scottsboro? What …
Justice On Appeal In Criminal Cases: A Twentieth-Century Perspective, Paul D. Carrington
Justice On Appeal In Criminal Cases: A Twentieth-Century Perspective, Paul D. Carrington
Marquette Law Review
Criminal appeals was a hot topic in the 1970s, reflecting the politics of the Great Society and the development of the constitutional requirements of due process. There was then widespread agreement that the function of the criminal appeal was to assure that the appropriate judges were giving visible attention to all convictions to assure that they were justified. This paper will pose the question: what has become of that vision of a former generation?
The Impact Of Government Appellate Strategies On The Development Of Criminal Law, Andrew Hessick
The Impact Of Government Appellate Strategies On The Development Of Criminal Law, Andrew Hessick
Marquette Law Review
Appellate courts are a principal source of change and growth of the criminal law. In the course of resolving disputes, appellate courts announce rules that govern future cases. For the government, seeing that these rules develop in a favorable way is often more important than the outcome in the case before the appellate court. The government is charged with protecting the public, and developing generally applicable rules of criminal law often is more important in obtaining that goal than securing the conviction of one individual. In its efforts to ensure the development of government-friendly rules, the government does not depend …
A Fair Trial, Not A Perfect One: The Early Twentieth-Century Campaign For The Harmless Error Rule, Roger A. Fairfax Jr.
A Fair Trial, Not A Perfect One: The Early Twentieth-Century Campaign For The Harmless Error Rule, Roger A. Fairfax Jr.
Marquette Law Review
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Death Penalty Appeals And Habeas Proceedings: The California Experience, Gerald F. Uelmen
Death Penalty Appeals And Habeas Proceedings: The California Experience, Gerald F. Uelmen
Marquette Law Review
The administration of the death penalty has become completely dysfunctional in California, to use the words of California Chief Justice Ronald M. George. The California Supreme Court is overwhelmed with a backlog of 80 fully briefed death appeals, and 100 fully briefed habeas petitions. California has the longest delays in the county, with 20-24 years elapsing between sentence and execution. With the longest death row in the county (680+), the chief cause of death on death row is death by natural causes, followed by suicide. California has had 13 executions since the death penalty was restored in 1978. The current …
Taking Strickland Claims Seriously, Stephen F. Smith
Taking Strickland Claims Seriously, Stephen F. Smith
Marquette Law Review
Every criminal defendant is promised the right to the effective assistance of counsel. Whether at trial or on first appeal of right, due process is violated when attorney negligence undermines the fairness and reliability of judicial proceedings. That, at least, is the black-letter law articulated in Strickland v. Washington, 466 U.S. 668 (1984). In practice, however, the right to effective representation has meant surprisingly little over the last two decades. Under the standards that emerged from Strickland, scores of defendants have received prison or death sentences by virtue of serious unprofessional errors committed by their attorneys. This Essay canvasses a …
Innocence Protection In The Appellate Process, Keith A. Findley
Innocence Protection In The Appellate Process, Keith A. Findley
Marquette Law Review
It is often said that truth “accurate sorting of the guilty from the innocent” is the primary objective of criminal trials. Among the important safeguards in our criminal justice system intended to ensure that the innocent are protected from wrongful conviction is the system of appeals and postconviction remedies. Recent empirical evidence based on DNA exoneration cases reveals, however, that the appellate process does not do a good job of recognizing or protecting innocence. Examination of known innocents “those proved innocent by postconviction DNA testing” shows that they have rarely obtained relief on appeal. Moreover, those individuals subsequently proved innocent …