Law Commons^™

One Crime, Two Punishments - Asset Forfeiture Cases Offer Chance To Sort Out Double Jeopardy Issues, Richard C. Reuben

Faculty Publications

At a time when anti-government sentiment is running high in some quarters, the U.S. Supreme Court is considering several cases on the hot-button issue of government seizure of private property linked to crimes, known as asset forfeitures.

The Foreign Amici Dilemma, Stephen A. Plass

BYU Law Review

No abstract provided.

Original Intent And Article Iii, Michael L. Wells, Edward J. Larson

Scholarly Works

Article III of the United States Constitution sets limits on the ability of the legislature to expand or contract the jurisdiction of the federal courts. The Supreme Court has generally held that Article III's restraints on the power of the legislature to restrict the jurisdiction of the federal courts are few and extremely permissive. Many scholars, however, argue that Article III imposes some strong limitations on the legislature's ability to define federal jurisdiction. Strangely, both sides of the debate rely on originalist arguments. This Article argues that reliance on the Framers' intent to resolve issues of federal courts law is …

Violence, Representation, And Responsibility In Capital Trials: The View From The Jury, Austin Sarat

Indiana Law Journal

Symposium: The Capital Jury Project

Discretion In Capital Sentencing Instructions: Guided Or Misguided?, James Luginbuhl, Julie Howe

Indiana Law Journal

Symposium: The Capital Jury Project

Where's The Buck?: Juror Misperception Of Sentencing Responsibility In Death Penalty Cases, Joseph L. Hoffmann

Indiana Law Journal

Symposium: The Capital Jury Project

The Capital Jury Project: Rationale, Design, And Preview Of Early Findings, William J. Bowers

Indiana Law Journal

Symposium: The Capital Jury Project

Taking Capital Jurors Seriously, Craig Haney

Indiana Law Journal

Symposium: The Capital Jury Project

How Juries Decide Death: The Contributions Of The Capital Jury Project, Valerie P. Hans

Indiana Law Journal

Symposium: The Capital Jury Project

Cross-Overs-Capital Jurors Who Change Their Minds About The Punishment: A Litmus Test For Sentencing Guidelines, Marla Sandys

Indiana Law Journal

Symposium: The Capital Jury Project

Should Juries And The Death Penalty Mix?: A Prediction About The Supreme Court's Answer, Christopher Slobogin

Indiana Law Journal

Symposium: The Capital Jury Project

The Capital Jury Project: The Role Of Responsibility And How Psychology Can Inform The Law, Steven J. Sherman

Indiana Law Journal

Symposium: The Capital Jury Project

The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger

Faculty Scholarship

No abstract provided.

Closing The Barn Door After The Genie Is Out Of The Bag: Recognizing A "Futility Principle" In First Amendment Jurisprudence, Eric Easton

All Faculty Scholarship

This article argues for a simple proposition: the First Amendment imposes a presumption against the suppression of speech when suppression would be futile. Suppression is futile when the speech is available to the same audience through some other medium or at some other place. The government can overcome this presumption of futility only when it asserts an important interest that is unrelated to the content of the speech in question, and only when the suppression directly advances that interest.

In Part I, the article explores the role that this unarticulated "futility principle" has played in Supreme Court and other decisions …

Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie

University of the District of Columbia Law Review

Judges sitting on the Superior Court of the District of Columbia routinely order children into secure detention who require no more restrictive confinement than that provided by shelter care. Despite a statutory presumption against detention, and a superior court rule that prohibits substituting secure detention for shelter care,' the District inappropriately places children into secure detention simply because there is a lack of bed space in youth shelter houses. The deprivation of liberty that occurs when a juvenile is placed in secure detention rather than shelter care is required neither for the protection of the community nor for the welfare …

Clear And Convincing Evidence: The Standard Required To Support Pretrial Detention Of Juveniles Pursuant To D.C. Code Section 16-2310, Julia Colton-Bell, Robert J. Levant

University of the District of Columbia Law Review

This Note examines the appropriate evidentiary standard for pretrial detention decisions in Juvenile Court in the District of Columbia. Currently, there is no authority mandating the standard of proof that is to be applied to the pretrial detention of juveniles. To ensure that all juveniles receive the same protections, one evidentiary standard must be applied at all pretrial detention hearings. Based upon adult and juvenile pretrial detention statutes, the case law construing those statutes, and the standard courts employ in adult civil commitment procedures, the appropriate standard is the "clear and convincing evidence" standard of proof. In order to afford …

Pre-Initial Hearing Detention: Are The Police Department And Social Services Intake Following The Law?, Henry A. Escoto

University of the District of Columbia Law Review

No abstract provided.

Appendix B: February-March, 1995 Court Monitoring Report, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

History, Jurisdiction, And The Federal Courts: Changing Contexts, Selective Memories, And Limited Imagination, Judith Resnik

West Virginia Law Review

No abstract provided.

The Ali's Complex Litigation Project And Federal-To-State Consolidation: A Due Process Analysis Of Granting To State Courts Nationwide Personal Jurisdiction, Deborah Dunn

BYU Law Review

No abstract provided.

Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii

BYU Law Review

No abstract provided.

The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark

BYU Law Review

No abstract provided.

The Power Of Congress Over Courts In N Onfederal Cases, Louise Weinberg

BYU Law Review

No abstract provided.

The Supreme Court Cites The Supreme Court: Follow-Up Citation On The Supreme Court Of Canada, 1989-1993, Peter Mccormick

Osgoode Hall Law Journal

Judges do not simply declare outcomes but also give reasons; in Canada, these reasons are typically organized around citations of judicial authority. Each citation acknowledges a contribution to the immediate decision; therefore, a statistical analysis of citation patterns is also a measure of judicial influence. This study considers follow-up citations of the Supreme Court of Canada over a five-year period to assess the influence of past and current members of the Court, developing appropriate discounts for the recency of the citation and for its nature and extent. The sui generis impact of the Charter suggests that these inferences cannot be …

Thinking Clearly About Guilt, Juries, And Jeopardy, Stanton D. Krauss

Indiana Law Journal

No abstract provided.

Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley

Indiana Law Journal

No abstract provided.

A Theory Of Compulsory Process Clause Discovery Rights, Jean Montoya

Indiana Law Journal

No abstract provided.

Fictions, Fault, And Forgiveness: Jury Nullification In A New Context, David N. Dorfman, Chris K. Iijima

University of Michigan Journal of Law Reform

Recently, critics of the Anglo-American jury system have complained that juries in criminal trials have been ignoring the law, in favor of defendants who claim that they lack criminal responsibility because they are afflicted by the various victimization syndromes now popularized in the mass media. In this Article, Professors Dorfman and Iijima counter this characterization of the "runaway" jury and argue that juries are not ignoring the law, but rather, are exercising a primary power of the jury, to nullify the application of the law when such application to a particular defendant is unjust. The Authors trace the development of …

The Creation Of A Usable Judicial Past: Max Lerner, Class Conflict, And The Propagation Of Judicial Titans, Sarah Barringer Gordon

All Faculty Scholarship

No abstract provided.

The Jury: Trial And Error In The American Courtroom, John C. Blattner

Michigan Law Review

A Review of The Jury: Trial and Error in the American Courtroom by Stephen J. Adler