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Articles 1 - 30 of 193
Full-Text Articles in Law
One Crime, Two Punishments - Asset Forfeiture Cases Offer Chance To Sort Out Double Jeopardy Issues, Richard C. Reuben
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.
Original Intent And Article Iii, Michael L. Wells, Edward J. Larson
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 …
The Foreign Amici Dilemma, Stephen A. Plass
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 …
Taking Capital Jurors Seriously, Craig Haney
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
How Juries Decide Death: The Contributions Of The Capital Jury Project, Valerie P. Hans
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
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
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
Cross-Overs-Capital Jurors Who Change Their Minds About The Punishment: A Litmus Test For Sentencing Guidelines, Marla Sandys
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
The Capital Jury Project: Rationale, Design, And Preview Of Early Findings, William J. Bowers
The Capital Jury Project: Rationale, Design, And Preview Of Early Findings, William J. Bowers
Indiana Law Journal
Symposium: The Capital Jury Project
Where's The Buck?: Juror Misperception Of Sentencing Responsibility In Death Penalty Cases, Joseph L. Hoffmann
Where's The Buck?: Juror Misperception Of Sentencing Responsibility In Death Penalty Cases, Joseph L. Hoffmann
Indiana Law Journal
Symposium: The Capital Jury Project
Violence, Representation, And Responsibility In Capital Trials: The View From The Jury, Austin Sarat
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
Discretion In Capital Sentencing Instructions: Guided Or Misguided?, James Luginbuhl, Julie Howe
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
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.
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
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
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
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.
Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie
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 …
The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark
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
The Power Of Congress Over Courts In N Onfederal Cases, Louise Weinberg
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
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.
History, Jurisdiction, And The Federal Courts: Changing Contexts, Selective Memories, And Limited Imagination, Judith Resnik
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.
The Supreme Court Cites The Supreme Court: Follow-Up Citation On The Supreme Court Of Canada, 1989-1993, Peter Mccormick
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
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
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
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
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
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
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