Law Commons^™

Last Words: A Survey And Analysis Of Federal Judges' Views On Allocution In Sentencing, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Allocution-the penultimate stage of a criminal proceeding at which the judge affords defendants an opportunity to speak their last words before sentencing-is a centuries-old right in criminal cases, and academics have theorized about the various purposes it serves. But what do sitting federal judges think about allocution? Do they actually use it to raise or lower sentences? Do they think it serves purposes above and beyond sentencing? Are there certain factors that judges like or dislike in allocutions? These questions-and many others-are answered directly in this first-ever study of judges' views and practices regarding allocution. The authors surveyed all federal …

Magna Carta In Supreme Court Jurisprudence, Stephen Wermiel

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Editor's Note: This article is adapted from "Magna Carta in Supreme Court Jurisprudence," which appears as Chapter 5 in Magna Carta and the Rule of Law, Daniel Magraw et al., eds., published by the American Bar Association in 2014.

Citizens Derided: Corporate Politics In The Roberts Court, Jamin B. Raskin

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No abstract provided.

Congress As A Catalyst Of Patent Reform At The Federal Circuit, Jonas Anderson

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The U.S. Court of Appeals for the Federal Circuit is the dominant institution in patent law. The court’s control over patent law and policy has led to a host of academic proposals to shift power away from the court and towards other institutions, including the U.S. Supreme Court, the U.S. Patent and Trademark Office, and federal district courts. Surprisingly, however, academics have largely dismissed Congress as a potential institutional check on the Federal Circuit. Congress, it is felt, is too slow, too divided, and too beholden to special interests to effectively monitor changes in innovation and respond with appropriate reforms. …

From Third Parties To Parents: The Case Of Lesbian Couples And Their Children, Nancy Polikoff

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No abstract provided.

Justice Brennan And His Law Clerks, Stephen Wermiel

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No abstract provided.

Regulation 55 And The Rights Of The Accused At The International Criminal Courts, Susana Sacouto, Katherine Cleary Thompson

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No abstract provided.

Building Blogs (And Law Firm Web Sites): Ethically, Effectively, Walter Effross

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No abstract provided.

Human Rights Violations By Peacekeeping Forces In Somalia, Richard Wilson

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Widespread sexual violence is occurring throughout South-Central Somalia, and the perpetrators of this violence are often alleged to be government security forces and military personnel from the African Union Mission for Somalia (AMISOM). Within Somalia, there is little recourse for victims of sexual violence, and human rights practitioners are looking to international options as alternative venues for seeking justice. This article uses the case of peacekeeping troops in Somalia perpetrating human rights violations to explore the liability of peacekeepers and their home states in these situations. It assumes, for purposes of analysis here, that due to their traditional immunities, the …

The Most Important Cases Of The Inter-American Commission On Human Rights, Richard Wilson

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The Inter-American Commission of Human Rights (IACHR), together with its companion body, the Inter-American Court of Human Rights (IACtHR), are autonomous organs of the Organization of American States (OAS). The IACHR promotes and protects human rights in the Western Hemisphere. Created by the OAS in 1959, the Commission has its headquarters in Washington, D.C. Together with the Court, established in 1979 in San Jose, Costa Rica, the Commission has emerged as a model of international human rights and humanitarian law, as well as of individual rights.Since its inception, the Commission has made extraordinary progress. Through its 55-year history, it has …

The Icc's Exit Problem, Rebecca Hamilton

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The International Criminal Court (ICC) was never meant to supplant the domestic prosecution of international crimes. And yet the Court is now entering its second decade of operations in four African nations, with no plan for exit in sight. This Article identifies the looming need for the ICC to consider when and how to exit situations in which it is currently active. In addition to the normative concern that a failure to start planning for exit undercuts the Court’s placement within a system of complementarity, the need to consider exit is also driven by a financial imperative. The Court’s caseload …

The G20 And Africa: A Critical Assessment, Daniel D. Bradlow

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The increased globalisation over the last 20 years has made effective global economic governance more important than ever. This period has witnessed the rise of a number of new international governance actors, such as the Group of Twenty (G-20) and the Financial Stability Board. The paper proposes a five-part test to evaluate how the existing global governance actors serve the interests of all stakeholders in the global economy.

The test is based on five factors indicating good global governance. These are the goals relating to global economic governance being followed by the governance entity, respect for applicable international legal principles, …

After The Aumf, Jennifer Daskal

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Over a dozen years later, the AUMF — which has never been amended — remains the principal source of the U.S. government’s domestic legal authority to use military force against al Qaeda and its associates, both on the battlefields of Afghanistan and far beyond. But even as the statutory framework has remained unchanged, the facts on the ground have evolved dramatically, leading some to call for a new AUMF. In short, calls for a new framework statute to replace the AUMF are unnecessary, provocative, and counterproductive; they perpetuate war at a time when we should be seeking to end it. …

Modest Response To A Simple Proposal, Camille Nelson

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No abstract provided.