'Freedom Of Expression From The 'Age Of Extremes' To The 'Age Of Terror': Reflections On Public Order Law And The Legal Responses To Political And Religious Extremism In 1930s Britain And The Post 9/11,
2017
University of Plymouth
'Freedom Of Expression From The 'Age Of Extremes' To The 'Age Of Terror': Reflections On Public Order Law And The Legal Responses To Political And Religious Extremism In 1930s Britain And The Post 9/11, Iain Channing
SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)
This paper highlights some of the legal responses to political extremism in the 1930s and the modern challenge of international terrorism and extreme right-wing activism. In particular, it focuses on restrictions to freedom of expression, the tactics and responses employed by the police and the subsequent judgments of the judiciary. During the interwar years, the activities of extremist political parties caused major disruption to public order. Public meetings, marches and demonstrations organised by the British Union of Fascists (BUF), the Communist Party of Great Britain (CPGB) and anti-fascist protestors created new challenges for the authorities. Despite fears that new legislation …
The U.S. Constitution, The U.S. Department Of Justice, And State Efforts To Legalize Marijuana,
2017
Campbell University
The U.S. Constitution, The U.S. Department Of Justice, And State Efforts To Legalize Marijuana, Zachary Bolitho
Lincoln Memorial University Law Review Archive
Professor Bolitho discusses why the Justice Department's policy on marijuana over the past eight years violates the United States Constitution and examines how this conflict developed. This Article goes on to detail the history of marijuana regulation, including the Controlled Substance Act's Schedule I classification of the drug. Last, Professor Bolitho discusses how state marijuana reforms conflict with the Supremacy Clause.
People V. Selikoff: The Route To Rational Plea Bargaining,
2017
St. John's University School of Law
People V. Selikoff: The Route To Rational Plea Bargaining, John F. Byrne
The Catholic Lawyer
No abstract provided.
Newsroom: Trump: Full Employment For Lawyers 04-04-2017,
2017
Roger Williams University School of Law
Newsroom: Trump: Full Employment For Lawyers 04-04-2017, David Logan
Life of the Law School (1993- )
No abstract provided.
Chesnutt Library Literacy Fellows Pathway: Ninth Cohort,
2017
Fayetteville State University
Chesnutt Library Literacy Fellows Pathway: Ninth Cohort, Jennifer J. Marson
Chesnutt Fellows Information Literacy Projects
No abstract provided.
To Plea Or Not To Plea: How Plea Bargains Criminalize The Right To Trial And Undermine Our Adversarial System Of Justice,
2017
North Carolina Central University School of Law
To Plea Or Not To Plea: How Plea Bargains Criminalize The Right To Trial And Undermine Our Adversarial System Of Justice, Inga Ivsan
North Carolina Central Law Review
No abstract provided.
Addressing Conflicts Of Interest In The Context Of Campus Sexual Violence,
2017
Brigham Young University Law School
Addressing Conflicts Of Interest In The Context Of Campus Sexual Violence, Talcott J. Franklin, Dennis C. Taylor, Ann Beytagh
Brigham Young University Education and Law Journal
No abstract provided.
Cooperative Federalism: Nevada’S Indigent Defense Crisis And The Role Of Federal Courts In Protecting The Right To Counsel In Non-Capital Cases,
2017
Federal Public Defender Office, District of Nevada
Cooperative Federalism: Nevada’S Indigent Defense Crisis And The Role Of Federal Courts In Protecting The Right To Counsel In Non-Capital Cases, Randolph Fiedler, Megan Hoffman, Jonathan Kirshbaum
Nevada Law Journal Forum
In Martinez v. Ryan, the United States Supreme Court held the ineffective assistance of post-conviction counsel, or the lack of representation in a state post-conviction proceeding, provides cause to allow a federal habeas petitioner to overcome a procedural default on an ineffective assistance of trial counsel claim. This represented a radical shift in the criminal justice system. Prior to Martinez, state post-conviction proceedings—the typical mechanism for a criminal defendant to challenge the performance of his trial attorney—were not heavily scrutinized. It was understood and accepted that defendants did not have the right to counsel in these post-conviction proceedings. Whether a …
Literacy Fellow Ninth Cohort, 2016-2017--Paper Assignment (Final Report),
2017
Fayetteville State University
Literacy Fellow Ninth Cohort, 2016-2017--Paper Assignment (Final Report), Jennifer J. Marson
Chesnutt Fellows Information Literacy Projects
No abstract provided.
Fairness Beyond The Adversary System: Procedural Justice Norms For Legal Negotiation,
2017
Washington University School of Law
Fairness Beyond The Adversary System: Procedural Justice Norms For Legal Negotiation, Rebecca Holland-Blumoff
Fordham Law Review
Part I of this Article provides background on procedural justice and its relationship to negotiation. Part II then discusses the results of a recent empirical study that I conducted on the factors that help shape perceptions of procedural justice in the negotiation setting. Lastly, Part III explores the strategic and ethical implications of these results for the practicing lawyer in settlement negotiations.
Fairness Beyond The Adversary System: Procedural Justice Norms For Legal Negotiation,
2017
Washington University School of Law
Fairness Beyond The Adversary System: Procedural Justice Norms For Legal Negotiation, Rebecca Holland-Blumoff
Fordham Law Review
Part I of this Article provides background on procedural justice and its relationship to negotiation. Part II then discusses the results of a recent empirical study that I conducted on the factors that help shape perceptions of procedural justice in the negotiation setting. Lastly, Part III explores the strategic and ethical implications of these results for the practicing lawyer in settlement negotiations.
Mens Rea And Methamphetamine: High Time For A Modern Doctrine Acknowledging The Neuroscience Of Addiction,
2017
Fordham University School of Law
Mens Rea And Methamphetamine: High Time For A Modern Doctrine Acknowledging The Neuroscience Of Addiction, Meredith Cusick
Fordham Law Review
Neuroscience research reveals that drug addiction results in catastrophic damage to the brain resulting in cognitive and behavioral deficits. Methamphetamine addiction is of particular interest to criminal law because it causes extensive neural destruction and is associated with impulsive behavior, violent crime, and psychosis. Furthermore, research has revealed important distinctions between the effects of acute intoxication and addiction. These findings have implications for the broader doctrine of mens rea and, specifically, the intoxication doctrines. This Note argues for the adoption of an addiction doctrine that acknowledges the effect of addiction on mens rea that is distinct from doctrines of intoxication.
The Bail Book: A Comprehensive Look At Bail In America's Criminal Justice System - Introduction,
2017
S.J. Quinney College of Law, University of Utah
The Bail Book: A Comprehensive Look At Bail In America's Criminal Justice System - Introduction, Shima Baughman
Utah Law Faculty Scholarship
Mass incarceration is one of the greatest social problems facing the United States today. America incarcerates a greater percentage of its population than any other country and is one of only two countries that requires arrested individuals to pay bail to be released from jail while awaiting trial. After arrest, the bail decision is the single most important cause of mass incarceration, yet this decision is often neglected since it is made in less than two minutes. Shima Baradaran Baughman draws on constitutional rights and new empirical research to show how we can reform bail in America. Tracing the history …
Stripping Agency From Top To Bottom: The Need For A Sentencing Guideline Safety Valve For Bottoms Prosecuted Under The Federal Sex Trafficking Statutes,
2017
Northwestern Pritzker School of Law
Stripping Agency From Top To Bottom: The Need For A Sentencing Guideline Safety Valve For Bottoms Prosecuted Under The Federal Sex Trafficking Statutes, Sarah Crocker
Northwestern University Law Review
In domestic sex trafficking, the trafficker often promotes a victim to the coveted position of “lead prostitute,” or “bottom.” Once in this position, the victim engages in acts for which she can be prosecuted under federal sex trafficking statutes that carry ten- and fifteen-year mandatory minimum sentences. To recognize bottoms’ victimization and resulting lack of genuine agency, this Note proposes a Sentencing Guideline safety valve provision. Creating a safety valve would provide sentencing judges with necessary discretion to impose sentences below statutory floors in appropriate cases.
A Lost Opportunity For Sentencing Reform: Plea Bargaining And Barriers To Effective Assistance,
2017
University of Illinois College of Law
A Lost Opportunity For Sentencing Reform: Plea Bargaining And Barriers To Effective Assistance, Margaret Etienne
South Carolina Law Review
No abstract provided.
Exploring The Parameters Of A Child's Right To Redemption: Some Thoughts,
2017
The Ohio State University Moritz College of Law
Exploring The Parameters Of A Child's Right To Redemption: Some Thoughts, Katherine Hunt Federle
South Carolina Law Review
No abstract provided.
Flying Over The Cuckoo's Nest: How The Mentally Ill Landed Into An Unconstitutional Punishment In South Carolina,
2017
University of South Carolina
Flying Over The Cuckoo's Nest: How The Mentally Ill Landed Into An Unconstitutional Punishment In South Carolina, Elle Klein
South Carolina Law Review
No abstract provided.
To Have And To Hold: Factors To Consider Before Divorcing South Carolina From The Concealed Weapons Permit Requirement,
2017
University of South Carolina
To Have And To Hold: Factors To Consider Before Divorcing South Carolina From The Concealed Weapons Permit Requirement, Joseph D. Spate
South Carolina Law Review
No abstract provided.
Virginia’S Interpretation Of Ake V. Oklahoma: A Hollow Right,
2017
Washington and Lee University School of Law
Virginia’S Interpretation Of Ake V. Oklahoma: A Hollow Right, Andrew Monaghan Higgins
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Keeping Gideon’S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases,
2017
ACLU Criminal Law Reform Project
Keeping Gideon’S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren S. Lucas
Fordham Law Review
The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel, and the U.S. Supreme Court has made clear that right is applicable to all defendants in felony cases, even those unable to afford a lawyer. Yet, for defendants facing misdemeanor charges, only those defendants whose convictions result in incarceration are entitled to the assistance of counsel. The number of misdemeanor prosecutions has increased dramatically in recent years, as have the volume and severity of collateral consequences attached to such convictions; yet, the Court’s right to counsel jurisprudence in this area has remained stagnant. Critics of the …
