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Articles 1 - 30 of 139
Full-Text Articles in Law
From Breard To Atkins To Malvo: Legal Incompetency And Human Rights Norms On The Fringes Of The Death Penalty, Linda A. Malone
From Breard To Atkins To Malvo: Legal Incompetency And Human Rights Norms On The Fringes Of The Death Penalty, Linda A. Malone
William & Mary Bill of Rights Journal
No abstract provided.
The Extraordinary Execution Of Billy Vickers, The Banality Of Death, And The Demise Of Post-Conviction Review, David R. Dow, Jim Marcus, Morris Moon, Jared Tyler, Greg Wiercioch
The Extraordinary Execution Of Billy Vickers, The Banality Of Death, And The Demise Of Post-Conviction Review, David R. Dow, Jim Marcus, Morris Moon, Jared Tyler, Greg Wiercioch
William & Mary Bill of Rights Journal
No abstract provided.
Introduction: Death Penalty And International Law, Davison M. Douglas
Introduction: Death Penalty And International Law, Davison M. Douglas
William & Mary Bill of Rights Journal
No abstract provided.
Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren
Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren
William & Mary Bill of Rights Journal
No abstract provided.
Suppressing The Incriminating Statements Of Foreigners, John Quigley
Suppressing The Incriminating Statements Of Foreigners, John Quigley
William & Mary Bill of Rights Journal
No abstract provided.
International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas
International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas
William & Mary Bill of Rights Journal
No abstract provided.
Death Penalty Law, Holly Geerdes, David Lawless
Death Penalty Law, Holly Geerdes, David Lawless
Mercer Law Review
This Article surveys the death penalty decisions of the Georgia Supreme Court from June 1, 2003, through May 31, 2004. The cases discussed include those heard by the supreme court on interim appeal, on direct appeal, and on review of habeas corpus decisions. Focusing on the court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not discuss holdings in capital cases that are common to all criminal appeals. Four United States Supreme Court decisions are included in this survey because of their salience to Georgia death penalty law.
Criminal Law, Laura D. Hogue, Franklin J. Hogue
Criminal Law, Laura D. Hogue, Franklin J. Hogue
Mercer Law Review
In this year's survey of criminal law in Georgia, we selected only cases in which a new rule of law was announced, a case of first impression was presented, a case with unusual or interesting facts was presented, or the case, while saying nothing new, set forth well-established law about topics that we could all use a reminder of from time to time.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Retroactivity Of New Rules Of Constitutional Law: Why The Supreme Court Should Have Overturned Warren Summerlin's Unconstitutional Death Sentence, Sarah R. Green
William & Mary Bill of Rights Journal
No abstract provided.
Telling Stories And Keeping Secrets, Abbe Smith
Telling Stories And Keeping Secrets, Abbe Smith
University of the District of Columbia Law Review
No abstract provided.
Jurisprudence: Due Process Concerns For The Underrepresented Domestic Violence Victim, Rebecca Fialk, Tamara Mitchel
Jurisprudence: Due Process Concerns For The Underrepresented Domestic Violence Victim, Rebecca Fialk, Tamara Mitchel
Buffalo Women's Law Journal
No abstract provided.
Double Jeopardy And The Death Penalty: A Fundamental Constitutional Protection With Life Or Death Consequences, Kristen Lindsay Todd
Double Jeopardy And The Death Penalty: A Fundamental Constitutional Protection With Life Or Death Consequences, Kristen Lindsay Todd
Campbell Law Review
What is the effect of a deadlocked jury in a sentencing hearing for the application of the death penalty on the termination of jeopardy? This comment will explore this issue as presented in Sattazahn v. Pennsylvania, and analyze not only the arguments made in both the majority and dissenting opinions, but other considerations which arise when deciding if double jeopardy protections should apply. Also considered in the comment is the effect of the Sattazahn decision on future criminal defendants. What consequences will this decision have for the death row defendant when trying to decide whether to appeal his possibly erroneous …
Scarlet Letter Punishment For Juveniles: Rehabilitation Through Humiliation?, Bonnie Mangum Braudway
Scarlet Letter Punishment For Juveniles: Rehabilitation Through Humiliation?, Bonnie Mangum Braudway
Campbell Law Review
This comment begins by discussing the historical development of the juvenile justice system and society's use of shaming penalties. In Section III, it will point out the dangers of using shaming penalties on juvenile offenders. Section IV will explore how the highest courts in two major jurisdictions may handle an appeal from a fictional juvenile sentenced to a shaming punishment. Finally, the comment will discuss possible improvements in the juvenile justice system.
"The Power To Govern Men And Things": Patriarchal Origins Of The Police Power In American Law, Markus Dirk Dubber
"The Power To Govern Men And Things": Patriarchal Origins Of The Police Power In American Law, Markus Dirk Dubber
Buffalo Law Review
No abstract provided.
Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris
Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris
San Diego Law Review
This essay, written as part of a symposium issue to commemorate the 50th anniversary of the University of San Diego Law School, discusses the evaporating distinction between sentence-serving convicts and mentally disordered nonconvicts who are involved in, or who were involved in, the criminal process–people we label as both bad and mad. By examining one Supreme Court case from each of the decades that follow the opening of the University of San Diego School of Law, the essay demonstrates how the promise that nonconvict mentally disordered persons would be treated equally with other civilly committed mental patients was made and …
The Sky Is Not Falling—That Which You Feel Is Merely A No. 10 Earthquake—Blakely V. Washington: The Supreme Court Sentences The American Criminal Justice System To Disaster, Bedlam, And Reform, Christopher P. Carrington
The Sky Is Not Falling—That Which You Feel Is Merely A No. 10 Earthquake—Blakely V. Washington: The Supreme Court Sentences The American Criminal Justice System To Disaster, Bedlam, And Reform, Christopher P. Carrington
University of Arkansas at Little Rock Law Review
No abstract provided.
Picture Perfect? X-Ray Searches At The United States Border Require Guidance, Lauren Bercuson
Picture Perfect? X-Ray Searches At The United States Border Require Guidance, Lauren Bercuson
University of Miami Inter-American Law Review
No abstract provided.
A Process Right Due? Examining Whether A Capital Defendant Has A Due Process Right To A Jury Selection Expert, Steven C. Serio
A Process Right Due? Examining Whether A Capital Defendant Has A Due Process Right To A Jury Selection Expert, Steven C. Serio
American University Law Review
No abstract provided.
Endorsing Religion: Drug Courts And The 12-Step Recovery Support Program, Emily M. Gallas
Endorsing Religion: Drug Courts And The 12-Step Recovery Support Program, Emily M. Gallas
American University Law Review
No abstract provided.
From The Nuremberg Charter To The Rome Statute: Defining The Elements Of Crimes Against Humanity, Mohamed Elewa Badar
From The Nuremberg Charter To The Rome Statute: Defining The Elements Of Crimes Against Humanity, Mohamed Elewa Badar
San Diego International Law Journal
The purpose of this study is to examine the past and present contours of the prohibition of "crimes against humanity", analyzing and scrutinizing the essential elements of this crime, with a view to obtaining and drawing together basic criteria that could eventually guide the adjudication of this offence. Furthermore, this clarification of "crimes against humanity" is particularly timely with respect to the soon functioning International Criminal Court (ICC).
Military Detention And The Judiciary: Al Qaeda, The Kkk And Supra-State Law, Wayne Mccormack
Military Detention And The Judiciary: Al Qaeda, The Kkk And Supra-State Law, Wayne Mccormack
San Diego International Law Journal
This Article touches on the choice of whether to use the language and tools of war or the language and tools of law enforcement in responding to terrorism. The principal focus, however, is on the limited issue of judicial review and military detentions. The Article reviews the case law created on this subject during the Civil War and World War II. Historical considerations are found by the author to be relevant and helpful in solving the incoherency of current legal responses to terrorism. For instance, indefinite military detention is not coherent with either the international law concept of violations of …
Tribal Jurisdiction And Domestic Violence: The Need For Non-Indian Accountability On The Reservation, Amy Radon
Tribal Jurisdiction And Domestic Violence: The Need For Non-Indian Accountability On The Reservation, Amy Radon
University of Michigan Journal of Law Reform
Domestic violence is a severe problem for tribes across the nation, as their female members are victimized at highly disproportionate rates compared to members of dominant society. Many tribes have sophisticated domestic violence codes to combat the problem, but they are powerless to prosecute the majority of those who will abuse Indian women: non-Indian men. In 1978 the Supreme Court stripped tribes of their power to prosecute non-Indians in criminal matters, which not only damaged tribal sovereignty but also meant the difference between a life free from abuse and one with constant fear, intimidation, and pain for Indian women.
The …
Two Standards Of Competency Are Better Than One: Why Some Defendants Who Are Not Competent To Stand Trial Should Be Permitted To Plead Guilty, Jason R. Marshall
Two Standards Of Competency Are Better Than One: Why Some Defendants Who Are Not Competent To Stand Trial Should Be Permitted To Plead Guilty, Jason R. Marshall
University of Michigan Journal of Law Reform
This Note argues that the present uniform standard of competency, competence to stand trial, be abolished in favor of two standards: competence to stand trial and competence to plea bargain. Part I traces the history of the competency standard by exploring its common law origins, the Supreme Court rulings that frame the debate, an academic reformulation of the competency inquiry, and the interests protected by requiring that defendants be competent to proceed through the criminal process. Part II contrasts the cognitive abilities, capacity to communicate with counsel, and courtroom behavior of defendants standing trial with those qualities required of defendants …
Try, Try Again: Will Congress Ever Get It Right? A Summary Of Internet Pornography Laws Protecting Children And Possible Solutions, Susan Hanley Kosse
Try, Try Again: Will Congress Ever Get It Right? A Summary Of Internet Pornography Laws Protecting Children And Possible Solutions, Susan Hanley Kosse
University of Richmond Law Review
No abstract provided.
Does Time Eclipse Crime? Stogner V. California And The Court's Determination Of The Ex Post Facto Limitations On Retroactive Justice, Ryan D. Frei
University of Richmond Law Review
No abstract provided.
Sell V. United States: Involuntary Administration Of Antipsychotic Medication To Criminal Defendants, Brandy M. Rapp
Sell V. United States: Involuntary Administration Of Antipsychotic Medication To Criminal Defendants, Brandy M. Rapp
University of Richmond Law Review
No abstract provided.
Proximate Cause And Civil Rico Standing: The Narrowly Restrictive And Mechanical Approach In Lerner V. Fleet Bank And Baisch V. Gallina, Ryan C. Morris
Proximate Cause And Civil Rico Standing: The Narrowly Restrictive And Mechanical Approach In Lerner V. Fleet Bank And Baisch V. Gallina, Ryan C. Morris
BYU Law Review
No abstract provided.
Pleas' Progress, Stephanos Bibas
Pleas' Progress, Stephanos Bibas
Michigan Law Review
George Fisher's new book, Plea Bargaining's Triumph, is really three books in one. The first part is a careful, detailed explanation of how and why plea bargaining exploded in Middlesex County, Massachusetts in the nineteenth century. This part is the fruit of an impressive amount of original research in Massachusetts court records and newspaper archives. The second part of the book looks more broadly at other academic histories of plea bargaining in England, California, and New York. It explains how the forces that produced plea bargaining in Middlesex County likewise contributed to plea bargaining's rise elsewhere. The final part …