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27,900 full-text articles. Page 512 of 612.

Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg 2013 Washington and Lee University School of Law

Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg

Washington and Lee Law Review

No abstract provided.


The Problem With Misdemeanor Representation, Erica Hashimoto 2013 Washington and Lee University School of Law

The Problem With Misdemeanor Representation, Erica Hashimoto

Washington and Lee Law Review

No abstract provided.


Gideon Skepticism, Alexandra Natapoff 2013 Washington and Lee University School of Law

Gideon Skepticism, Alexandra Natapoff

Washington and Lee Law Review

The criminal defense lawyer occupies a special doctrinal place in criminal procedure. It is the primary structural guarantor of fairness, the single most important source of validation for individual convictions. Conversely, if a person did have a competent lawyer, it generates a set of presumptions that his trial was in fact fair, the evidence sufficient, and his plea knowing and voluntary. This is a highly problematic legal fiction. The presence of counsel advances but cannot guarantee fair trials and voluntary pleas. More fundamentally, a lawyer in an individual case will often be powerless to address a wide variety of systemic …


Crashing The Misdemeanor System, Jenny Roberts 2013 Washington and Lee University School of Law

Crashing The Misdemeanor System, Jenny Roberts

Washington and Lee Law Review

No abstract provided.


Two Rights To Counsel, Josh Bowers 2013 Washington and Lee University School of Law

Two Rights To Counsel, Josh Bowers

Washington and Lee Law Review

No abstract provided.


Too Poor To Hire A Lawyer But Not Indigent: How States Use The Federal Poverty Guidelines To Deprive Defendants Of Their Sixth Amendment Right To Counsel, John P. Gross 2013 Washington and Lee University School of Law

Too Poor To Hire A Lawyer But Not Indigent: How States Use The Federal Poverty Guidelines To Deprive Defendants Of Their Sixth Amendment Right To Counsel, John P. Gross

Washington and Lee Law Review

No abstract provided.


Criminal Defense Lawyer Moneyball: A Demonstration Project, Ronald F. Wright, Ralph A. Peeples 2013 Washington and Lee University School of Law

Criminal Defense Lawyer Moneyball: A Demonstration Project, Ronald F. Wright, Ralph A. Peeples

Washington and Lee Law Review

No abstract provided.


Unstoppable V. Unwaivable, Steven Benjamin 2013 Washington and Lee University School of Law

Unstoppable V. Unwaivable, Steven Benjamin

Washington and Lee Law Review

No abstract provided.


Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas 2013 Washington and Lee University School of Law

Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas

Washington and Lee Law Review

No abstract provided.


Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan 2013 Washington and Lee University School of Law

Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan

Washington and Lee Law Review

No abstract provided.


“Potential Innocence”: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller 2013 Washington and Lee University School of Law

“Potential Innocence”: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller

Washington and Lee Law Review

No abstract provided.


Lamentations, Celebrations, And Innovations: Gideon At 50, John D. King 2013 Washington and Lee University School of Law

Lamentations, Celebrations, And Innovations: Gideon At 50, John D. King

Washington and Lee Law Review

No abstract provided.


Validating The Right To Counsel, Brandon L. Garrett 2013 Washington and Lee University School of Law

Validating The Right To Counsel, Brandon L. Garrett

Washington and Lee Law Review

No abstract provided.


Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith 2013 Washington and Lee University School of Law

Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith

Washington and Lee Law Review

No abstract provided.


Reconceptualizing The Burden Of Proof, Edward K. Cheng 2013 Vanderbilt University Law School

Reconceptualizing The Burden Of Proof, Edward K. Cheng

Vanderbilt Law School Faculty Publications

The preponderance standard is conventionally described as an absolute probability threshold of 0.5. This Essay argues that this absolute characterization of the burden of proof is wrong. Rather than focusing on an absolute threshold, the Essay reconceptualizes the preponderance standard as a probability ratio and shows how doing so eliminates many of the classical problems associated with probabilistic theories of evidence. Using probability ratios eliminates the so-called Conjunction Paradox, and developing the ratio tests under a Bayesian perspective further explains the Blue Bus problem and other puzzles surrounding statistical evidence. By harmonizing probabilistic theories of proof with recent critiques advocating …


The Future Of Residual Clause Interpretation: "Shanking" The Commentary And Simplifying Sentencing Enhancement Analysis After United States V. Mobley, Nicholas A. Novy 2013 Villanova University Charles Widger School of Law

The Future Of Residual Clause Interpretation: "Shanking" The Commentary And Simplifying Sentencing Enhancement Analysis After United States V. Mobley, Nicholas A. Novy

Villanova Law Review (1956 - )

No abstract provided.


When Pregnancy Is An Injury: Rape, Law, And Culture, Khiara M. Bridges 2013 Boston University School of Law

When Pregnancy Is An Injury: Rape, Law, And Culture, Khiara M. Bridges

Faculty Scholarship

This Article examines criminal statutes that grade more severely sexual assaults that result in pregnancy. These laws, which define pregnancy as a “substantial bodily injury,” run directly counter to positive constructions of pregnancy within culture. The fact that the criminal law, in this instance, reflects this negative, subversive understanding of pregnancy creates the possibility that this idea may be received within culture as a construction of pregnancy that is as legitimate as positive understandings. In this way, these laws create possibilities for the reimagining of pregnancy within law and society. Moreover, these laws recall the argumentation that proponents of abortion …


Comments On Maryland V. King In 'U.S. Supreme Court To Hear Arguments Over Md. Dna Case: Justices' Decision Will Have National Implications On Future Crime-Fighting Procedures', Colin Starger 2013 University of Baltimore School of Law

Comments On Maryland V. King In 'U.S. Supreme Court To Hear Arguments Over Md. Dna Case: Justices' Decision Will Have National Implications On Future Crime-Fighting Procedures', Colin Starger

All Faculty Scholarship

No abstract provided.


The Battered Wife Syndrome: A Potential Defense To A Homicide Charge, Thomas G. Kieviet 2013 Pepperdine University

The Battered Wife Syndrome: A Potential Defense To A Homicide Charge, Thomas G. Kieviet

Pepperdine Law Review

No abstract provided.


Implied Fortitude: California's Defense Of Duress, Russell Stephan Kerr 2013 Pepperdine University

Implied Fortitude: California's Defense Of Duress, Russell Stephan Kerr

Pepperdine Law Review

No abstract provided.


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