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Lethal Injections: States Medicalize Execution, Joel B. Zivot 2015 Emory School of Medicine & Emory University Hospital

Lethal Injections: States Medicalize Execution, Joel B. Zivot

University of Richmond Law Review

No abstract provided.


Has The "Machinery Of Death" Become A Clunker?, Stephen F. Smith 2015 University of Notre Dame

Has The "Machinery Of Death" Become A Clunker?, Stephen F. Smith

University of Richmond Law Review

No abstract provided.


Criminal Infliction Of Emotional Distress, Avlana K. Eisenberg 2015 Harvard Law School

Criminal Infliction Of Emotional Distress, Avlana K. Eisenberg

Michigan Law Review

This Article identifies and critiques a trend to criminalize the infliction of emotional harm independent of any physical injury or threat. The Article defines a new category of criminal infliction of emotional distress (“CIED”) statutes, which include laws designed to combat behaviors such as harassing, stalking, and bullying. In contrast to tort liability for emotional harm, which is cabined by statutes and the common law, CIED statutes allow states to regulate and punish the infliction of emotional harm in an increasingly expansive way. In assessing harm and devising punishment, the law has always taken nonphysical harm seriously, but traditionally it …


Rosemond, Mens Rea, And The Elements Of Complicity, Kit Kinports 2015 University of San Diego

Rosemond, Mens Rea, And The Elements Of Complicity, Kit Kinports

San Diego Law Review

The confluence of two widely invoked federal statutes—one governing accomplice liability, the other imposing a sentencing enhancement when firearms are involved in a violent or drug trafficking crime—reached the Supreme Court this past term in Rosemond v. United States. The Court’s analysis of the mens rea issues raised in that case starkly illustrates the confusion characterizing this area of complicity law, which has attracted surprisingly little attention from courts, legislators, or scholars. The lack of clarity is particularly acute for crimes like the weapons offense in Rosemond that can plausibly be interpreted to include a circumstance element. This Article attempts …


Criminal Asset Forfeiture And The Sixth Amendment After "Southern Union" And "Alleyne:" State-Level Ramifications, Brynn Applebaum 2015 Vanderbilt University Law School

Criminal Asset Forfeiture And The Sixth Amendment After "Southern Union" And "Alleyne:" State-Level Ramifications, Brynn Applebaum

Vanderbilt Law Review

The Founding Fathers thought the jury-trial right was so fundamental to our system of justice that they included it in the Sixth Amendment of the United States Constitution. The right to trial by jury serves to protect criminal defendants against government overreaching by ensuring that they will be judged by their fellow citizens.' And as a whole, our system of justice and our citizenry have remained committed to the jury trial. But since the Founding, the Supreme Court has narrowed the application of the Sixth Amendment's guaranty.

Two decades ago, the Supreme Court decided in Libretti v. United States that …


Keynote Speaker, Jonathan Rapping 2015 Gideon's Promise, John Marshall Law School, Harvard Law School

Keynote Speaker, Jonathan Rapping

Working in the Public Interest Conferences

Keynote address presented by president and founder of Gideon’s Promise and director of the honors program in criminal justice at Atlanta’s John Marshall Law School, lecturer on law at Harvard Law School, 2014 MacArthur Foundation fellow and "genius grant" recipient, and 2013 Public Interest Scholar in Residence at Touro Law School.


Suffocated Habeas Corpus And Merciless Clemency In The Execution Of Warren Hill, Donald E. Wilkes Jr. 2015 University of Georgia School of Law

Suffocated Habeas Corpus And Merciless Clemency In The Execution Of Warren Hill, Donald E. Wilkes Jr.

Popular Media

On Tuesday, Jan. 27, 2015, the state of Georgia executed Warren Lee Hill, Jr. by lethal injection at the state prison in Jackson. This state unconstitutionally wielded its most dangerous and irreversible power, the power to kill. A prisoner with significantly sub-average intellectual functioning, a 54-year old man with the mind of a boy, was strapped down and killed in flagrant violation of a provision of the Bill of Rights intended to maintain human dignity.

This article discusses capital punishment against intellectually disabled individuals and how the erosion of habeas corpus at the Federal and state level and the abandonment …


Trending@Rwu Law: Professor Emily Sack's Post: More Death Penalty Puzzles Highlighted By New Supreme Court Case, Emily Sack 2015 Roger Williams University School of Law

Trending@Rwu Law: Professor Emily Sack's Post: More Death Penalty Puzzles Highlighted By New Supreme Court Case, Emily Sack

Law School Blogs

No abstract provided.


Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer 2015 Northwestern Pritzker School of Law

Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer

NULR Online

No abstract provided.


The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman 2015 Northwestern Pritzker School of Law

The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman

NULR Online

No abstract provided.


Race Matters In Jury Selection, Peter A. Joy 2015 Northwestern Pritzker School of Law

Race Matters In Jury Selection, Peter A. Joy

NULR Online

No abstract provided.


Newsroom: Horwitz On Mandatory Minimum Sentences, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Horwitz On Mandatory Minimum Sentences, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: Coombs Named Weisberger Professor, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Coombs Named Weisberger Professor, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Extradition Treaty Improvements To Combat Drug Trafficking, J. Richard Barnett 2015 University of Georgia School of Law

Extradition Treaty Improvements To Combat Drug Trafficking, J. Richard Barnett

Georgia Journal of International & Comparative Law

No abstract provided.


Combatting International Terrorism: The Role Of Congress, Dante B. Fascell 2015 United States House of Representatives

Combatting International Terrorism: The Role Of Congress, Dante B. Fascell

Georgia Journal of International & Comparative Law

No abstract provided.


Newsroom: Horwitz On Traffic Obstruction Bills, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Horwitz On Traffic Obstruction Bills, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Extortion Through The Public Record: Has The Internet Made Florida’S Sunshine Law Too Bright?, Michael Polatsek 2015 University of Florida Levin College of Law

Extortion Through The Public Record: Has The Internet Made Florida’S Sunshine Law Too Bright?, Michael Polatsek

Florida Law Review

In recent years, privately owned websites around the country have begun to gather arrest records directly from law enforcement websites and republish them on their own sites. Often, the images are displayed without regard to the ultimate disposition of the arrestee’s case. Images and arrest records of individuals who were eventually convicted or acquitted are stored on these websites indefinitely, and specifically designed search algorithms ensure that potentially damaging information is just a click away on commonly used search engines such as Google. Some websites categorize images under derogatory headings based solely on the individual’s appearance and allow users to …


Using Outcomes To Reframe Guilty Plea Adjudication, Anne R. Traum 2015 University of Nevada William S. Boyd School of Law

Using Outcomes To Reframe Guilty Plea Adjudication, Anne R. Traum

Florida Law Review

The Supreme Court’s 2012 decisions in Lafler v. Cooper and Missouri v. Frye lay the groundwork for a new approach to judicial oversight of guilty pleas that considers outcomes. These cases confirm that courts possess robust authority to protect defendants’ Sixth Amendment right to the effective assistance of counsel and that plea outcomes are particularly relevant to identifying and remedying prejudicial ineffective assistance in plea-bargaining. The Court’s reliance on outcome-based prejudice analysis and suggestions for trial court-level reforms to prevent Sixth Amendment violations set the stage for trial courts to take a more active, substantive role in regulating guilty pleas. …


A Justice System Overwhelmed, Colin Starger 2015 University of Baltimore School of Law

A Justice System Overwhelmed, Colin Starger

All Faculty Scholarship

No abstract provided.


Excuses In Exile, Anders Kaye 2015 Thomas Jefferson School of Law

Excuses In Exile, Anders Kaye

University of Michigan Journal of Law Reform

Suppose that I have intentionally killed another person and that I have done so without any justification. At first glance, it appears that I am guilty of murder, a very serious crime. Since I am guilty of this very serious crime, the state may inflict a very serious punishment on me—at least many years in prison, if not my whole life or the death penalty. But suppose that one of the following is also true in my case: (A) At the time that I killed my victim, I suffered from a mental disease and, as a result, lacked the substantial …


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