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Full-Text Articles in Law

Navigating Beyond The Lodestar: Borrowing The Federal Sentencing Guidelines To Provide Fee-Shifting Predictability, Matthew Ahn Dec 2022

Navigating Beyond The Lodestar: Borrowing The Federal Sentencing Guidelines To Provide Fee-Shifting Predictability, Matthew Ahn

Dickinson Law Review (2017-Present)

The lodestar has been the dominant calculation method for fee-shifting awards for nearly 40 years. But the lodestar has numerous persistent issues: it leads to extra litigation and judicial effort, it results in highly variable fee awards, and it incentivizes plaintiffs’ attorneys to bill extravagantly and reject settlement. This Article argues that these issues with the lodestar, along with many others, result from a mismatch between the lodestar and the purpose of the underlying fee-shifting statutes, which is to encourage attorneys to bring suits that would not normally be economically viable. Encouraging attorneys to do so requires the fee awards …


How Not To Be A Federal Criminal: A Review Of Mike Chase’S How To Become A Federal Criminal And The Case For Inclusion Of His Illustrated Handbook In American Law Schools, Zachary Stendig Dec 2022

How Not To Be A Federal Criminal: A Review Of Mike Chase’S How To Become A Federal Criminal And The Case For Inclusion Of His Illustrated Handbook In American Law Schools, Zachary Stendig

Dickinson Law Review (2017-Present)

No abstract provided.


Trouble Counting To Three: Circuit Splits And Confusion In Interpreting The Prison Litigation Reform Act's Three Strikes Rule, 28 U.S.C. Sec. 1915(G), Molly Guptill Manning Jan 2018

Trouble Counting To Three: Circuit Splits And Confusion In Interpreting The Prison Litigation Reform Act's Three Strikes Rule, 28 U.S.C. Sec. 1915(G), Molly Guptill Manning

Articles & Chapters

No abstract provided.


Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson May 2014

Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson

Chancellor’s Honors Program Projects

No abstract provided.


Last Words: A Survey And Analysis Of Federal Judges' Views On Allocution In Sentencing, Ira Robbins Jan 2014

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 …


Last Words: A Survey And Analysis Of Federal Judges' Views On Allocution In Sentencing, Ira P. Robbins Dec 2013

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

Ira P. Robbins

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 …


Judicial Perspectives On The Federal Sentencing Guidelines And The Goals Of Sentencing: Debunking The Myths, Michael E. O'Neill Feb 2004

Judicial Perspectives On The Federal Sentencing Guidelines And The Goals Of Sentencing: Debunking The Myths, Michael E. O'Neill

ExpressO

No abstract provided.


Berkemer V. Mccarty, Lewis F. Powell Jr. Oct 1983

Berkemer V. Mccarty, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Payner, Lewis F. Powell Jr. Oct 1979

United States V. Payner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger Jan 1976

Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger

Villanova Law Review

No abstract provided.


Stone V. Powell, Lewis F. Powell Jr. Oct 1975

Stone V. Powell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Ernst & Ernst V. Hochfelder, Lewis F. Powell Jr. Oct 1975

Ernst & Ernst V. Hochfelder, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Oregon V. Hass, Lewis F. Powell Jr. Oct 1974

Oregon V. Hass, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby Jan 1973

The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby

Villanova Law Review

No abstract provided.


United States V. United States District Court For The Eastern District Of Michigan, Southern Division, Lewis F. Powell Jr. Oct 1971

United States V. United States District Court For The Eastern District Of Michigan, Southern Division, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Toward Effective Criminal Discovery: A Proposed Revision Of Federal Rule 16, Alan M. Lieberman Jan 1970

Toward Effective Criminal Discovery: A Proposed Revision Of Federal Rule 16, Alan M. Lieberman

Villanova Law Review

No abstract provided.


Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander Jan 1970

Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander

Villanova Law Review

No abstract provided.


The Effect Of The First Amendment On Federal Control Of Draft Protests, Frederick C. Moss Jan 1968

The Effect Of The First Amendment On Federal Control Of Draft Protests, Frederick C. Moss

Villanova Law Review

No abstract provided.


Recent Developments, Various Editors Jan 1967

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.


Criminal Processes And Habeas Corpus: A Remedy In The Federal Courts Jul 1951

Criminal Processes And Habeas Corpus: A Remedy In The Federal Courts

Indiana Law Journal

No abstract provided.


Criminal Law-Effect Of Breach Of Duty By Ministerial Officer-Sentences Of State And Federal Courts Jan 1938

Criminal Law-Effect Of Breach Of Duty By Ministerial Officer-Sentences Of State And Federal Courts

Indiana Law Journal

No abstract provided.