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Full-Text Articles in Law

Everyone Deserves Defense, Peter Keane Oct 2008

Everyone Deserves Defense, Peter Keane

Publications

In his decades as a public defender, Peter Keane represented murderers and other criminals as skillfully as he could – even when he knew they were guilty . Keane believes every one, no matter what they’ve done, deserves to have somebody on their side.


Renaissance Redux? Chastity And Punishment In Italian Rape Law, Rachel A. Van Cleave Oct 2008

Renaissance Redux? Chastity And Punishment In Italian Rape Law, Rachel A. Van Cleave

Publications

This essay examines an Italian sexual assault case that received significant media attention. The Corte d'appello of Cagliari concluded that the defendant was not entitled to a reduced sentence when he was convicted of sexually assaulting his fourteen-year-old stepdaughter. On review, the Third Section of Italy's Corte diCassazione held that the lower court's refusal was erroneous. Cassazione faulted the appellate court for failing to consider that the victim had already engaged in sexual activity with others. This case illustrates how changing rape laws on the books does not always bring about immediate change in attitudes. Indeed, notions of chastity and …


Mapping Proportionality Review: Still A "Road To Nowhere", Rachel A. Van Cleave Apr 2008

Mapping Proportionality Review: Still A "Road To Nowhere", Rachel A. Van Cleave

Publications

This article examines how a majority of the Supreme Court went out of its way to vacate a punitive damages award in Philip Morris and further reinforced the inconsistency with which it applies the principle of proportionality. When it comes to punitive damages awards, a majority of Justices continue to convey distrust of juries and of trial and appellate court judges who review these awards. However, when it comes to terms of imprisonment, the Court has eschewed substantive review under the Eighth Amendment while insisting that the Sixth Amendment requires that all facts supporting an increase in a sentence be …


The Concept Of "Less Eligibility" And The Social Function Of Prison Violence In Class Society, Ahmed A. White Jan 2008

The Concept Of "Less Eligibility" And The Social Function Of Prison Violence In Class Society, Ahmed A. White

Publications

No abstract provided.


Opinion Testimony: Lay, Expert, Or Something Else?, H. Patrick Furman Jan 2008

Opinion Testimony: Lay, Expert, Or Something Else?, H. Patrick Furman

Publications

This article discusses opinion testimony of lay witnesses and expert witnesses. It provides an overview of lay opinion testimony and discusses the dividing line between lay and opinion testimony.