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Articles 1 - 30 of 54
Full-Text Articles in Law
Racial Disparity And The Death Penalty, John C. Mcadams
Racial Disparity And The Death Penalty, John C. Mcadams
Law and Contemporary Problems
McAdams examines the rhetoric and data supporting the "mass market" version of the racial disparity thesis. The system is racist in that it punishes those who kill whites more severely than those who kill blacks.
Defending Categorical Exemptions To The Death Penalty: Reflections On The Aba’S Resolutions Concerning The Execution Of Juveniles And Persons With Mental Retardation, Carol Steiker, Jordan Steiker
Defending Categorical Exemptions To The Death Penalty: Reflections On The Aba’S Resolutions Concerning The Execution Of Juveniles And Persons With Mental Retardation, Carol Steiker, Jordan Steiker
Law and Contemporary Problems
Steiker and Steiker discuss the ABA's resolutions regarding the execution of juveniles and persons with mental retardation. The strongest legal case for the ABA's position requires a more nuanced argument than the ABA has advanced.
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Law and Contemporary Problems
Gross discusses the incidence of erroneous convictions for capital murder, which are systematic consequences of the natuere of homicide prosection in general and capital prosecution in particular.
The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen
The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen
Law and Contemporary Problems
Bienen uses Illinois as a case study of injustice in capital cases. The quality of justice in the trial and appeal of capital cases in Illinois is of a very low standard.
Recapturing The Spirit Of Furman: The American Bar Association And The New Abolitionist Politics, Austin Sarat
Recapturing The Spirit Of Furman: The American Bar Association And The New Abolitionist Politics, Austin Sarat
Law and Contemporary Problems
Sarat locates the American Bar Association's call for a moratorium on executions in the context of modern abolitionist politics. New abolitionism links anti-death penalty work with a broader civil rights agenda.
Foreword, James E. Coleman Jr.
Moratorium On The Death Penalty For Juveniles, Victor L. Streib
Moratorium On The Death Penalty For Juveniles, Victor L. Streib
Law and Contemporary Problems
Streib offers a sketch of the sentences and actual executions in the juvenile death penalty system for the past quarter-century. The ABA's moratorium calls for the complete prevention of the execution of offenders under age 18 at the time of their crimes.
The American Bar Association And Federal Habeas Corpus, Larry W. Yackle
The American Bar Association And Federal Habeas Corpus, Larry W. Yackle
Law and Contemporary Problems
Yackle evaluates the ABA's claims touching federal habeas corpus in death penalty cases. Neither the Supreme Court nor the Anti-Terrorism and Effective Death Penalty Act of 1996 embrace the ABA's policy for habeas corpus.
Appendix: American Bar Association Resolution
Appendix: American Bar Association Resolution
Law and Contemporary Problems
The ABA's resolution and report regarding its moratorium on capital punishment is offered.
The Rhetoric Of Neutrality And The Philosophers’ Brief: A Critique Of The Amicus Brief Of Six Moral Philosophers In Washington V. Glucksberg And Vacco V. Quill, Richard Church
Law and Contemporary Problems
Church discusses the amicus brief to the US Supreme Court in the companion assisted suicide cases of "Washington v. Glucksberg" and "Vacco v. Quill," in which six philosophers offer their views. The philosophers' charge--that prohibiting physician-assisted suicide can only be based on impermissible sectarian religious or ethical premises--can be raised against their "neutral" liberal argument itself.
The Execution Of The Innocent, Michael L. Radelet, Hugo Adam Bedau
The Execution Of The Innocent, Michael L. Radelet, Hugo Adam Bedau
Law and Contemporary Problems
Radelet and Bedau discuss the continuing and regular incidence of American trial courts sentencing innocent defendants to death, which was one of the problems that gave rise to the ABA's moratorium on capital punishment.
Eighth Amendment Meanings From The Aba’S Moratorium Resolution, Louis D. Bilionis
Eighth Amendment Meanings From The Aba’S Moratorium Resolution, Louis D. Bilionis
Law and Contemporary Problems
Bilionis argues that the American Bar Association's moratorium resolution on capital punishment doesn't challenge the capacity of the Eighth Amendment.
Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester
Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester
Law and Contemporary Problems
Priester argues that the Constitution does restrict the power of the legislature by requiring that certain facts be proved as elements of the offense. He notes the Supreme Court's missed opportunity in "Jones v. United States" to adopt the test proposed by Justice Scalia.
Comment, Ernest A. Finney Jr.
Foreword, Philip S. Anderson
Comment, Roy A. Schotland
Comment, Roy A. Schotland
Law and Contemporary Problems
The greatest current threat to judicial independence is the increasing politicization of judicial elections. They are becoming nastier, noisier and costlier.
Comment: Judicial Accountability And Discipline, Wendell L. Griffen
Comment: Judicial Accountability And Discipline, Wendell L. Griffen
Law and Contemporary Problems
The judicial disciplinary process and the specter of politically motivated misconduct allegations against state judges poses an important challenge to judicial independence.
Judging Rules, Ruling Judges, Stephen C. Yeazell
Judging Rules, Ruling Judges, Stephen C. Yeazell
Law and Contemporary Problems
Bureaucracy and complexity are not pejorative terms, but they are limiting terms, and it makes sense to examine the limitations that inhere in them. The US needs to return from a system of judicially created rules back to a system of judicially scrutinized rules.
Independent Judges And Independent Justice, Suzanna Sherry
Independent Judges And Independent Justice, Suzanna Sherry
Law and Contemporary Problems
Sherry discusses how judges have exercised their independence. She provides a brief historical overview of judges using their independence to implement their own view of justice.
Comment, Thomas R. Phillips
Comment, Thomas R. Phillips
Law and Contemporary Problems
With the proper role of judging so unsettled, it is hardly surprising that Americans also do not agree on what training, experience or temperament will produce the best judge.
Interbranch Accountability In State Government And The Constitutional Requirement Of Judicial Independence, Peter M. Shane
Interbranch Accountability In State Government And The Constitutional Requirement Of Judicial Independence, Peter M. Shane
Law and Contemporary Problems
No abstract provided.
Judicial Discipline And Judicial Independence, Steven Lubet
Judicial Discipline And Judicial Independence, Steven Lubet
Law and Contemporary Problems
The question of judicial accountability and independence arises primarily in the context of state courts. When it comes to accountability, it is state judges who must be concerned about threates to their independence.
Separating Judicial Power, David P. Currie
Separating Judicial Power, David P. Currie
Law and Contemporary Problems
Currie outlines the development of the status of judges in England and in the US, with a brief reference to the German system. He also discusses some of the more important controversies over judicial independence and accountability that have arisen under the US Constitution.
On Not Making Law, Mitu Gulati, C. M. A. Mccauliff
On Not Making Law, Mitu Gulati, C. M. A. Mccauliff
Law and Contemporary Problems
Having argued that it is important to think about court norms, Gulati and McCauliff describe data on the publication practices of the various circuits. The data suggest that there are radical differences in the norms.
Comment: Liberty, Prosperity, And A Strong Judicial Institution, Stephen G. Breyer
Comment: Liberty, Prosperity, And A Strong Judicial Institution, Stephen G. Breyer
Law and Contemporary Problems
No abstract provided.
Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington
Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington
Law and Contemporary Problems
Carrington notes that because judges in trial and intermediate courts are accountable to highest courts, it is the latter that are responsible for keeping the faith with democratic traditions.
Comment: Judicial Selection And Decisional Independence, Harold See
Comment: Judicial Selection And Decisional Independence, Harold See
Law and Contemporary Problems
To protect the decisional independence of judges without disturbing the proper balance of control on the exercise of judicial power, substantive reforms to the selection processes should include adjustments in judicial term length, responsible campaign finance reform and efforts to assure public understanding of the role of the judiciary in the government structure of the US.
High-Level, “Tenured” Lawyers, Thomas W. Merrill
High-Level, “Tenured” Lawyers, Thomas W. Merrill
Law and Contemporary Problems
Civil service lawyers have rights similar to tenured professors and are utilized to identify and evaluate the most plausible justifications for using tenured lawyers to perform high-level tasks within the executive branch.