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Full-Text Articles in Law

Judge Martin Moltz: Enjoying The Ride, Sheridan Haynew Nov 2011

Judge Martin Moltz: Enjoying The Ride, Sheridan Haynew

Sooner Lawyer Archive

No abstract provided.


Jury Continuum, Bethel G.A Erastus-Obilo Jul 2011

Jury Continuum, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

Jury deliberations – how do reasoning skills interplay with decision-making?We may well wonder how the Casey Anthony jury reached its verdict in spite of what many of us thought was a raft of compelling evidence for conviction. In order to understand some of the nuances at play, it is important to understand some of the issues that confront a jury and how the criminal justice system ensures or attempts to ensure a fair outcome in our trial by jury system. At the risk of stating the obvious, one of the most enduring features of our criminal justice system is the …


The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter Davis May 2011

The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter Davis

Peter L. Davis

The thesis of this article is that the public prosecutor should to have a monopoly on criminal prosecutions; some supplementary system of private criminal prosecution should be available. Two such systems, or models, currently exist in New York. The first model, available statewide, theoretically allows a complainant to initiate a non-felony criminal prosecution without any screening by a prosecutor or judge. This system is unwise, unworkable and illusory because it obscures the exercise of judicial discretion and focuses the court’s attention on the wrong issues, usually precluding the crime victim’s complaint. The second model, limited by statute to New York …


Modeling The Congressional End-Run Constraint, Luke M. Milligan Mar 2011

Modeling The Congressional End-Run Constraint, Luke M. Milligan

University of Richmond Law Review

No abstract provided.


The Complexities Of Judicial Takings, D. Benjamin Barros Mar 2011

The Complexities Of Judicial Takings, D. Benjamin Barros

University of Richmond Law Review

No abstract provided.


Caperton, Due Process, And Judicial Duty: Recusal Oversight In Patrons’ Cases, Steve Sheppard Jan 2011

Caperton, Due Process, And Judicial Duty: Recusal Oversight In Patrons’ Cases, Steve Sheppard

Steve Sheppard

In celebration of the life of Judge William E. Enfield, this article discusses the necessity of granting all litigants the right to fair trials with impartial judges. Judges should recuse themselves from cases that involve conflicts of interest, which may result in partiality from the bench. However, judges do not always opt for recusal, even when their impartiality is in question. In Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009), the Court evaluated West Virginia Supreme Court Justice Brent Benjamin’s decision not to disqualify himself from a case involving a litigant who made large contributions to his election …