Trial-Court Discretion: Its Exercise By Trial Courts And Its Review By Appellate Courts,
2012
University of Arkansas Little Rock
Trial-Court Discretion: Its Exercise By Trial Courts And Its Review By Appellate Courts, Joseph T. Sneed
The Journal of Appellate Practice and Process
No abstract provided.
The False Promise Of The Converse-1983 Action,
2012
University of Richmond
The False Promise Of The Converse-1983 Action, John F. Preis
Indiana Law Journal
The federal government is out of control. At least that’s what many states will tell you. Not only is the federal government passing patently unconstitutional legislation, but its street-level officers are ignoring citizens’ constitutional rights. How can states stop this federal juggernaut? Many are advocating a “repeal amendment,” whereby two-thirds of the states could vote to repeal federal legislation. But the repeal amendment will only address unconstitutional legislation, not unconstitutional actions. States can’t repeal a stop-and-frisk that occurred last Thursday. States might, however, enact a so-called “converse-1983” action. The idea for converse-1983 laws has been around for some time but …
Step Aside, Mr. Senator: A Request For Members Of The Senate Judiciary Committee To Give Up Their Mics,
2012
Indiana University Maurer School of Law
Step Aside, Mr. Senator: A Request For Members Of The Senate Judiciary Committee To Give Up Their Mics, Paul E. Vaglicia
Indiana Law Journal
In 1995, a law professor at the University of Chicago Law School dubbed the Supreme Court confirmation hearings “vapid and hollow” and added that they, as implemented, “serve little educative function, except perhaps to reinforce lessons of cynicism that citizens often glean from government.” Ironically, this same law professor, Elena Kagan, later endured the confirmation hearings as a nominee and currently sits as the 112th Justice of the U.S. Supreme Court. While she may be one of the few to ever reach a seat on the High Court, she is not alone in her assessment of the Supreme Court’s lackluster …
Organized Crime Outlaws: An Evaluation Of Criminal Organization Legislation In Canada,
2012
Dalhousie University Schulich School of Law
Organized Crime Outlaws: An Evaluation Of Criminal Organization Legislation In Canada, Carol Fleischhaker
PhD Dissertations
This thesis explains how some organized crime outlaws, such as anti-Prohibitionists, the North American Mafia or La Cosa Nostra, outlaw motorcycle gangs, and Aboriginal street gangs, come to exist and thrive in Canadian society. It sets forth the historical development and nature of criminal organization laws in Canada, and compares the definition of “criminal organization” in the Criminal Code with other criminal law concepts, such as corporate criminals and white-collar criminals; conventional criminality or garden-variety predatory crime; terrorists; and criminal conspirators, parties, and accessories. It uses various concepts and assertions within criminological, sociological and psychological theories to explain the formation …
Implicit In The Concept Of Erroneous Liberty: The Need To Ensure Proper Sentence Credit In The Fourth Circuit,
2012
North Carolina Central University School of Law
Implicit In The Concept Of Erroneous Liberty: The Need To Ensure Proper Sentence Credit In The Fourth Circuit, Andrew T. Winkler
North Carolina Central Law Review
No abstract provided.
Putting State Courts In The Constitutional Driver's Seat: State Taxpayer Standing After Cuno And Winn,
2012
Benjamin N. Cardozo School of Law
Putting State Courts In The Constitutional Driver's Seat: State Taxpayer Standing After Cuno And Winn, Edward A. Zelinsky
Articles
This article explores the implications of the U.S. Supreme Court’s decisions in DaimlerChrysler Corp. v. Cuno and Arizona Christian School Tuition Organization v. Winn. In Cuno and Winn, the Court held that state taxpayers lacked standing in the federal courts. Because the states have more liberal taxpayer standing rules than do the federal courts, Cuno and Winn will not terminate taxpayers’ constitutional challenges to state taxes and expenditures, but will instead channel such challenges from the federal courts (where taxpayers do not have standing) to the state courts (where they do). Moreover, municipal taxpayer standing in the federal courts, which …
Separate But Equal: Miranda's Rights To Silence And Counsel,
2012
University of Baltimore School of Law
Separate But Equal: Miranda's Rights To Silence And Counsel, Steven P. Grossman
All Faculty Scholarship
Three decades ago, the Supreme Court created a dubious distinction between the rights accorded to suspects in custody who invoke their right to silence and who invoke their right to counsel. This distinction significantly disadvantages those who do not have the good sense or good fortune to specify they want an attorney when they invoke their right to remain silent. This article argues that this distinction was flawed at its genesis and that it has led to judicial decisions that are inconsistent, make little sense, and permit police behavior that substantially diminishes the right to silence as described in Miranda …
Confronting Supreme Court Fact Finding,
2012
William & Mary Law School
Confronting Supreme Court Fact Finding, Allison Orr Larsen
Faculty Publications
No abstract provided.
Foreword: Academic Influence On The Court,
2012
Georgetown University Law Center
Foreword: Academic Influence On The Court, Neal K. Katyal
Georgetown Law Faculty Publications and Other Works
The months leading up to the Supreme Court’s blockbuster decision on the Affordable Care Act (ACA) were characterized by a prodigious amount of media coverage that purported to analyze how the legal challenge to Obamacare went mainstream. The nation’s major newspapers each had a prominent story describing how conservative academics, led by Professor Randy Barnett, had a long-term strategy to make the case appear credible. In the first weeks after the ACA’s passage, the storyline went, the lawsuit’s prospects of success were thought to be virtually nil. Professor (and former Solicitor General) Charles Fried stated that he would “eat a …
Mr. Justice Brandeis And The Art Of Judicial Dissent,
2012
Pepperdine University
Mr. Justice Brandeis And The Art Of Judicial Dissent, Melvin I. Urofsky
Pepperdine Law Review
No abstract provided.
Short Circuiting The Justice System: How Defendants Are Misusing Writs Of Execution,
2012
Pepperdine University
Short Circuiting The Justice System: How Defendants Are Misusing Writs Of Execution, Kristopher Wood
Pepperdine Law Review
No abstract provided.
Bypassing Civil Gideon: A Legislative Proposal,
2012
University of New Hampshire School of Law
Bypassing Civil Gideon: A Legislative Proposal, Erin B. Corcoran
Law Faculty Scholarship
Eighty-four percent of immigrants appearing before immigration judges are unrepresented. Immigration judges are overwhelmed with the dual role of adjudicating cases and serving as counsel to pro se individuals appearing before them. In addition, due to the rising costs of retaining a lawyer, immigrants are turning to immigrant consultants. These incompetent and unscrupulous individuals are preying on vulnerable immigrants and engaging in the unauthorized practice of law. In addressing unmet legal needs for immigrants, most advocacy efforts for immigrants regarding the acquisition of competent representation focus on persuading the courts that immigrants appearing before an immigration judge have a constitutional …
Do Investment Treaties Prescribe A Deferential Standard Of Review,
2012
United States Trade and Development Agency
Do Investment Treaties Prescribe A Deferential Standard Of Review, Anna T. Katselas
Michigan Journal of International Law
The dramatic rise in foreign investment in recent decades has brought with it a corresponding increase in the number of bilateral investment treaties (BITs) and, in turn, the number of international investment disputes arising under those treaties. Investment treaty arbitration is the predominant method used to settle those disputes and has certain advantages for both foreign investors and host states compared to available alternatives, but it can tread on delicate issues typically within the domaine rieservd of states. The concern about due regard for sovereign interests in this context is far from purely academic. In the past twenty years, the …
Confronting The Invisible Witness: The Use Of Narrative To Neutralize Capital Jurors' Implicit Racial Biases,
2012
University of Detriot Mercy School of Law
Confronting The Invisible Witness: The Use Of Narrative To Neutralize Capital Jurors' Implicit Racial Biases, Pamela A. Wilkins
West Virginia Law Review
How can capital defense lawyers craft narratives that neutralize jurors' unconscious racial and ethnic biases? A well-developed body of research in cognitive psychology indicates that despite even the best of intentions and the absence of conscious prejudice, most Americans harbor unconscious biases against African Americans. These biases influence what we actually perceive, how we interpret what we perceive, and how we act. For reasons related to the content and structure of capital sentencing trials, these unconscious biases are particularly likely to influence capital jurors. In effect, unconscious racial bias acts as an invisible witness against the African American defendant, buttressing …
To Plea Or Not To Plea: Retroactive Availability Of Padilla V. Kentucky To Noncitizen Defendants On State Postconviction Review,
2012
University of Michigan Law School
To Plea Or Not To Plea: Retroactive Availability Of Padilla V. Kentucky To Noncitizen Defendants On State Postconviction Review, Jaclyn Kelley
Michigan Journal of Race and Law
The United States incarcerates hundreds of thousands of noncitizen criminal defendants each year. In 2010, there were about 55,000 "criminal aliens" in federal prisons, accounting for approximately 25 percent of all federal prisoners. In 2009, there were about 296,000 noncitizens in state and local jails. Like Jose, these defendants usually do not know that their convictions may make them automatically deportable under the INA. Under the Supreme Court's recent ruling in Padilla v. Kentucky, criminal defense attorneys have an affirmative duty to give specific, accurate advice to noncitizen clients regarding the deportation risk of potential pleas. This rule helps assure …
Judicial Limitation Of The Epa's Oversight Authority In Clean Water Act Permitting Of Mountaintop Mining Valley Fills ,
2012
University of Michigan Law School
Judicial Limitation Of The Epa's Oversight Authority In Clean Water Act Permitting Of Mountaintop Mining Valley Fills , Christopher D. Eaton
Michigan Journal of Environmental & Administrative Law
Mountaintop removal mining operations in the Appalachian region have expanded significantly in recent decades. The practice decimates the mountain ecosystems by leveling forests, filling headwater streams, and producing significant runoff of heavy metals, sediment, and other pollutants that impair the aquatic environment of entire watersheds. Yet environmental permitting of the practice is relatively limited. A recent trend in litigation aimed at halting mining operations has involved challenging permits that authorize the discharge of mining overburden into headwater streams pursuant to the Clean Water Act (CWA). The Army Corps of Engineers has assumed jurisdiction over such discharges under section 404 of …
Implicit Balancing In The Adjudication Of Criminal Law,
2012
Brigham Young University Law School
Implicit Balancing In The Adjudication Of Criminal Law, Aaron Arnson
BYU Law Review
No abstract provided.
Mediation Advocacy For Civil Disputes In The Subordinate Courts: Perspectives From The Bench,
2012
Singapore Management University
Mediation Advocacy For Civil Disputes In The Subordinate Courts: Perspectives From The Bench, Dorcas Quek Anderson, Kenneth Choo
Research Collection Yong Pung How School Of Law
“The New Lawyer: How Settlement is Transforming the Practice of Law” by JulieMacFarlane was reviewed in the May issue of the Law Gazette, in conjunction withthe introduction of a “Presumption of ADR” for civil disputes in the SubordinateCourts. MacFarlane describes the emergence of a new advocacy focusing on holisticproblem-solving. The reviewer posed a series of pertinent questions for theSingapore legal profession, “[W]e are all familiar with the popular notion of litigationlawyers as rights warriors. But the litigation lawyer as a conflict resolver? Is he or shean imaginary character or an emerging reality?”
Determining Notoriety In Supreme Court Decisions ,
2012
Pepperdine University
Determining Notoriety In Supreme Court Decisions , G. Edward White
Pepperdine Law Review
No abstract provided.
Explaining Korematsu: A Response To Dean Chemerinsky ,
2012
Pepperdine University
Explaining Korematsu: A Response To Dean Chemerinsky , Robert J. Pushaw Jr.
Pepperdine Law Review
No abstract provided.
