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Articles 1 - 9 of 9

Full-Text Articles in Law

Considering Caretakers: An Explicit Argument For Downward Departures During Federal Sentencing Mitigation For Caretakers Of Children, Danielle Sparber Bukacheski Apr 2024

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 …


The Non-Waivability Of Aedpa Deference's Applicability, Andrew L. Adler Jul 2013

The Non-Waivability Of Aedpa Deference's Applicability, Andrew L. Adler

University of Miami Law Review

No abstract provided.


Whatever Floats The "Reasonable Observer's" Boat: An Examination Of Lozman V.City Of Riviera Beach Fla. And The Supreme Court's Ruling That Floating Homes Are Not Vessels, Kathryn D. Yankowski Jul 2013

Whatever Floats The "Reasonable Observer's" Boat: An Examination Of Lozman V.City Of Riviera Beach Fla. And The Supreme Court's Ruling That Floating Homes Are Not Vessels, Kathryn D. Yankowski

University of Miami Law Review

No abstract provided.


The Eleventh Circuit's Selective Assault On Sentencing Discretion, Adam Shajnfeld Jul 2011

The Eleventh Circuit's Selective Assault On Sentencing Discretion, Adam Shajnfeld

University of Miami Law Review

No abstract provided.


Judging Discretion: Contexts For Understanding The Role Of Judgment , Sarah M.R. Cravens Apr 2010

Judging Discretion: Contexts For Understanding The Role Of Judgment , Sarah M.R. Cravens

University of Miami Law Review

No abstract provided.


Appellate Discretion And Sentencing After Booker, Lindsay C. Harrison Jul 2008

Appellate Discretion And Sentencing After Booker, Lindsay C. Harrison

University of Miami Law Review

No abstract provided.


Eleventh Circuit Treatment Of Certification Of Collective Actions Under The Fair Labor Standards Act: A Remedial Statute Without A Remedy?, Kristin M. Stastny Jul 2008

Eleventh Circuit Treatment Of Certification Of Collective Actions Under The Fair Labor Standards Act: A Remedial Statute Without A Remedy?, Kristin M. Stastny

University of Miami Law Review

No abstract provided.


Reasonable Doubt In Doubt: Sentencing And The Supreme Court In United States V. Watts, Sandra K. Wolkov Jan 1998

Reasonable Doubt In Doubt: Sentencing And The Supreme Court In United States V. Watts, Sandra K. Wolkov

University of Miami Law Review

No abstract provided.


The Lockett Paradox: Reconciling Guided Discretion And Unguided Mitigation In Capital Sentencing, Scott E. Sundby Jan 1991

The Lockett Paradox: Reconciling Guided Discretion And Unguided Mitigation In Capital Sentencing, Scott E. Sundby

Articles

No abstract provided.