Constitutional Regulation Of Forensic Evidence,
2016
University of Virginia School of Law
Constitutional Regulation Of Forensic Evidence, Brandon L. Garrett
Washington and Lee Law Review
No abstract provided.
Solitary Confinement Until Death By State-Sponsored Homicide: An Eighth Amendment Assessment Of The Modern Execution Process,
2016
American University
Solitary Confinement Until Death By State-Sponsored Homicide: An Eighth Amendment Assessment Of The Modern Execution Process, Robert Johnson
Washington and Lee Law Review
No abstract provided.
The Death Penalty And Mental Illness In International Human Rights Law: Toward Abolition,
2016
American University Washington College of Law
The Death Penalty And Mental Illness In International Human Rights Law: Toward Abolition, Richard J. Wilson
Washington and Lee Law Review
No abstract provided.
Mental Illness, Severe Emotional Distress, And The Death Penalty: Reflections On The Tragic Case Of Joe Giarratano,
2016
University of Virginia School of Law
Mental Illness, Severe Emotional Distress, And The Death Penalty: Reflections On The Tragic Case Of Joe Giarratano, Richard J. Bonnie
Washington and Lee Law Review
Joe Giarratano was on death row for twelve years, and remains incarcerated today, because mental illness and severe emotional distress wholly undermined reliable adjudication in his case. Using Giarratano’s remarkable story as a case study, I illustrate some of the ways in which mental illness and acute emotional distress can lead to unreliable findings and judgments and—even worse—can actually propel the criminal justice system toward a death sentence. I cover the unreliability of his confession, his impaired ability to assist counsel, his impaired capacity to make a rational decision regarding whether to initiate or continue post-conviction proceedings, his diminished mental …
The Supreme Court’S Talmudic Debate On The Meanings Of Guilt, Innocence, And Finality,
2016
Appellate Division of the United States District Attorney's Office for the Southern District of Florida
The Supreme Court’S Talmudic Debate On The Meanings Of Guilt, Innocence, And Finality, Jonathan D. Colan
Washington and Lee Law Review
No abstract provided.
The Demise Of Capital Clemency,
2016
The Heritage Foundation
The Demise Of Capital Clemency, Paul J. Larkin Jr.
Washington and Lee Law Review
No abstract provided.
Matters Of Strata: Race, Gender, And Class Structures In Capital Cases,
2016
George Washington University Law School
Matters Of Strata: Race, Gender, And Class Structures In Capital Cases, Phyllis Goldfarb
Washington and Lee Law Review
No abstract provided.
Post-Trial Plea Bargaining In Capital Cases: Using Conditional Clemency To Remove Weak Cases From Death Row,
2016
William & Mary Law School
Post-Trial Plea Bargaining In Capital Cases: Using Conditional Clemency To Remove Weak Cases From Death Row, Adam M. Gershowitz
Washington and Lee Law Review
Plea bargaining accounts for over ninety percent of criminal convictions and it dominates the American criminal justice system. Yet, once a defendant is convicted, bargaining almost completely disappears from the system. Even though years of litigation are on the horizon, there is nearly no bargaining in the appellate and habeas corpus process. There are two reasons for this. First, prosecutors and courts typically lack the power to alter a sentence that has already been imposed. Second, even if prosecutors had the authority to negotiate following a conviction, they would have little incentive to do so. Affirmance rates in ordinary criminal …
Habeas As Forum Allocation: A New Synthesis,
2016
Georgetown University Law Center
Habeas As Forum Allocation: A New Synthesis, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
The scope of habeas relief for state prisoners, especially during the decades before the Supreme Court’s 1953 decision in Brown v. Allen, is a famously disputed question – one of recognized significance for contemporary debates about the proper scope of habeas review. This Essay provides a new answer. It argues that, until the enactment of AEDPA in 1996, state prisoners were always entitled to de novo review of the legal and mixed law/fact questions decided against them by the state courts. Until 1916, such review was provided by the Supreme Court; after 1953, such review was provided by the lower …
Domination, Democracy, And Constitutional Political Economy In The New Gilded Age: Towards A Fourth Wave Of Legal Realism,
2016
Brooklyn Law School
Domination, Democracy, And Constitutional Political Economy In The New Gilded Age: Towards A Fourth Wave Of Legal Realism, K. Sabeel Rahman
Faculty Scholarship
No abstract provided.
“Merchants And Thieves, Hungry For Power”: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities,
2016
New York Law School
“Merchants And Thieves, Hungry For Power”: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin
Washington and Lee Law Review
No abstract provided.
Constitutional Fig Leaves In Asia,
2016
University of Washington School of Law
Constitutional Fig Leaves In Asia, Po Jen Yap
Washington International Law Journal
Constitutional landscapes in Asia are littered with fig leaves. These proverbial fig leaves are legal principles, doctrines, and theories of interpretation that judges appeal to when resolving constitutional disputes. This article uncovers and examines three constitutional fig leaves that are prevalent and flourishing in Asia: 1) formalism and its conceptual variants; 2) the exercise of judicial review that is merely symbolic; and 3) the invocation of vacuous constitutional doctrines. This article further argues that judicial recourse to fig leaves is not intended to deceive anyone about what courts are doing; the fig leaves are on public display merely to demonstrate …
The President's Budget As A Source Of Agency Policy Control,
2016
Georgetown University Law Center
The President's Budget As A Source Of Agency Policy Control, Eloise Pasachoff
Georgetown Law Faculty Publications and Other Works
A large body of literature in administrative law discusses presidential control of executive agencies through centralized review of regulations in the Office of Information and Regulatory Affairs (OIRA), part of the White House’s Office of Management and Budget (OMB). Largely overlooked in this literature is how the President’s budget acts as a source of agency policy control—in particular, how the White House exercises control through OMB’s authority to prepare the budget, oversee agencies’ execution of the budget, and create and implement management initiatives through the budget process. This Article identifies seven levers associated with OMB’s work on budget preparation, budget …
Generic Pharmaceuticals And The "Unfortunate Hand" Dealt To Harmed Consumers: The Emerging State Court Resistance,
2016
Indiana University
Generic Pharmaceuticals And The "Unfortunate Hand" Dealt To Harmed Consumers: The Emerging State Court Resistance, Arlen W. Langvardt
Minnesota Journal of Law, Science & Technology
No abstract provided.
Predicate Offenses, Foreign Convictions, And Trusting Tribal Courts,
2016
Arent Fox LLP
Predicate Offenses, Foreign Convictions, And Trusting Tribal Courts, Alexander S. Birkhold
Michigan Law Review Online
Concerns about the reliability of criminal justice systems in foreign countries have resulted in uneven treatment of foreign convictions in U.S. courts. Federal courts, however, have historically accepted tribal court convictions as predicate offenses under recidivist statutes. But the Ninth Circuit Court of Appeals recently rejected the uncounseled convictions obtained against Michael Bryant, Jr., a serial domestic abuser, in the Northern Cheyenne Tribal Court. The court dismissed a federal indictment that had been brought against Bryant under 18 U.S.C § 117, which makes it a felony to commit domestic violence against a spouse or partner in Indian country if the …
Economic Structure And Constitutional Structure,
2016
Vanderbilt University Law School
Economic Structure And Constitutional Structure, Ganesh Sitaraman
Vanderbilt Law School Faculty Publications
In the last four decades, the American middle class has been hollowed out, and fears are growing that economic inequality is leading to political inequality. These trends raise a troubling question: Can our constitutional system survive the collapse of the middle class? This question might seem tangential-if not unrelated-to contemporary constitutional theory. But for most of the history ofpolitical thought, one of the central problems of constitutional design was the relationship between the distribution of wealth in society and the structure of government. Two traditions emerged from thinking about this relationship. The first tradition assumed that society would be divided …
Remarks On 3d Printing, Free Speech, And Lochner,
2016
University of Detroit Mercy School of Law
Remarks On 3d Printing, Free Speech, And Lochner, Kyle Langvardt
Minnesota Journal of Law, Science & Technology
No abstract provided.
It Stands To Reason: An Argument For Article Iii Standing Based On The Threat Of Future Harm In Data Breach Litigation,
2016
University of Minnesota Law School
It Stands To Reason: An Argument For Article Iii Standing Based On The Threat Of Future Harm In Data Breach Litigation, John Biglow
Minnesota Journal of Law, Science & Technology
No abstract provided.
An Unconstitutional Work Of Art: Discussing Where The Federal Government's Discrete Intrusions Into One's Privacy Become An Unconstitutional Search Through Mosaic Theory,
2016
University of Minnesota Law School
An Unconstitutional Work Of Art: Discussing Where The Federal Government's Discrete Intrusions Into One's Privacy Become An Unconstitutional Search Through Mosaic Theory, Steven Graziano
Minnesota Journal of Law, Science & Technology
No abstract provided.
Guns, Limbs, And Toys: What Future For 3d Printing?,
2016
University of Minnesota Law School
Guns, Limbs, And Toys: What Future For 3d Printing?, Adam D. Thierer, Adam Marcus
Minnesota Journal of Law, Science & Technology
No abstract provided.
