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Articles 1 - 5 of 5

Full-Text Articles in Law

Untenable, Unchristian, And Unconstitutional, Carl W. Tobias Jan 1993

Untenable, Unchristian, And Unconstitutional, Carl W. Tobias

Law Faculty Publications

Professor Tobias provides an account of the ultimately successful 1960 efforts to desegregate the Petersburg, Virginia Public Library.


Freeman V. Pitts: A Rethinking Of Public School Desegregation, Frank H. Stubbs Iii Jan 1993

Freeman V. Pitts: A Rethinking Of Public School Desegregation, Frank H. Stubbs Iii

University of Richmond Law Review

On March 31, 1992, the United States Supreme Court unanimously declared that federal district courts have the authority to relinquish supervision and control of a public school desegregation plan in incremental stages, before full compliance has been achieved in every area of school operations. The Court also held that public school districts have no duty to remedy racial imbalance caused by demographic shifts once the vestiges of de jure segregation have been eliminated. Reversing a lower court's ruling, Justice Kennedy, writing for the majority, stated that the decision was consistent with the Court's duties to both remedy constitutional violations and …


Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil Jan 1993

Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil

University of Richmond Law Review

The idea of the last-minute reprieve granted by a distant, unknowable dispenser of mercy to a man condemned to death has a powerful hold on our imaginations. Fyodor Dostoevsky's eleventh hour pardon by the czar in many ways shaped his literary career. The scene of the haunted Death Row prisoner who awaits word from the governor as a ticking clock punctuates his final hours is a stock vignette of Hollywood crime films. Anyone who has ever seized on the slimmest hope, whose fate has been committed to the hands of another - virtually all of us - can identify with …


The Clemency Process In Virginia, Walter A. Mcfarlane Jan 1993

The Clemency Process In Virginia, Walter A. Mcfarlane

University of Richmond Law Review

When asked to contribute an article on the issue of clemency, I immediately knew the area I wanted to address: the procedural and practical aspects of the clemency process in Virginia. While numerous articles have been written about clemency, few have examined the procedural rules and none have comprehensively studied the executive viewpoint regarding this area of the law.


The Quality Of Mercy: Race And Clemency In Florida Death Penalty Cases, 1924-1966, Margaret Vandiver Jan 1993

The Quality Of Mercy: Race And Clemency In Florida Death Penalty Cases, 1924-1966, Margaret Vandiver

University of Richmond Law Review

The scholarly literature on capital punishment includes few empirical studies of executive clemency. Commutations in capital cases have been rare since 1972 when the current era of capital punishment began with the United States Supreme Court's ruling in Furman v. Georgia. A large proportion of pre-1972 death sentences were commuted; examination of clemency decisions in those cases promises to reveal much about the history of capital punishment in the United States. The present study attempts to identify factors which influenced decisions to grant commutations of Florida death sentences pre-Furman, focusing particularly on whether the race of defendants and victims influenced …