Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis,
2013
Seattle University School of Law
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson
Seattle Journal for Social Justice
No abstract provided.
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own,
2013
Seattle University School of Law
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz
Seattle Journal for Social Justice
No abstract provided.
Gideon: Looking Backward, Looking Forward, Looking In The Mirror,
2013
Seattle University School of Law
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Seattle Journal for Social Justice
No abstract provided.
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden,
2013
Seattle University School of Law
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns
Seattle Journal for Social Justice
No abstract provided.
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?,
2013
Seattle University School of Law
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Seattle Journal for Social Justice
No abstract provided.
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State,
2013
Seattle University School of Law
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Seattle Journal for Social Justice
No abstract provided.
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations,
2013
Seattle University School of Law
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Seattle Journal for Social Justice
No abstract provided.
Criminal Law And Procedure,
2013
Assistant Attorney General, Criminal Litigation Section, Office of the Attorney General, Commonwealth of Virginia
Criminal Law And Procedure, Aaron J. Campbell, Kathleen B. Martin
University of Richmond Law Review
No abstract provided.
Summary Of State V. Lloyd, 129 Nev. Adv. Op. 79,
2013
Nevada Law Journal
Summary Of State V. Lloyd, 129 Nev. Adv. Op. 79, Jim Hoffman
Nevada Supreme Court Summaries
The Court considers an appeal from a district court order granting the defendant’s motion to suppress evidence based on a warrantless automobile search. The Court considers one issue: whether Article I, Section 18 of the Nevada Constitution imposes an exigency requirement on officers conducting warrantless vehicle searches, or whether officers need only have probable cause.
Summary Of In Re Steven Daniel P., 129 Nev. Adv. Op. 73,
2013
Nevada Law Journal
Summary Of In Re Steven Daniel P., 129 Nev. Adv. Op. 73, Geordan G. Logan
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether the juvenile court has authority under NRS 62C.230(1)(a) to dismiss a delinquency petition and refer a juvenile for informal supervision pursuant to NRS 62C.200 without the written approval of the district attorney; and (2) whether the juvenile court's discretion in overseeing a juvenile matter is limited by the authority granted under the Nevada Revised Statutes.
Summary Of Paley V. Second Judicial District Court, 129 Nev. Adv. Op. 74,
2013
Nevada Law Journal
Summary Of Paley V. Second Judicial District Court, 129 Nev. Adv. Op. 74, Alexandria K. Mendonca
Nevada Supreme Court Summaries
The Court determined whether it should consider petitioner’s writ of mandamus against a direct contempt order under an exception to the mootness doctrine.
Symposium Foreword: Bombshell Or Baby Step? The Ramifications Of Miller V. Alabama For Sentencing Law And Juvenile Crime Policy,
2013
University of Missouri School of Law
Symposium Foreword: Bombshell Or Baby Step? The Ramifications Of Miller V. Alabama For Sentencing Law And Juvenile Crime Policy, Paul J. Litton
Faculty Publications
This short essay, which serves as the Symposium Foreword, argues that the rationale of Miller is incoherent insofar as it permits juvenile LWOP sentences and that the Court misidentifies the foundational principle of Roper. First, in banning mandatory juvenile LWOP sentences, the Court invokes Woodson, which bans mandatory death sentences. The Court maintains that Woodson, from its capital jurisprudence, applies because juvenile LWOP is “akin to the death penalty” for juveniles. But if the Court’s capital jurisprudence is binding based on that equivalence, Roper should imply that juvenile LWOP, like the death penalty, is unconstitutional for juveniles. This essay briefly …
Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel,
2013
University of Arkansas Little Rock
Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua Kastenberg
The Journal of Appellate Practice and Process
No abstract provided.
Caressing The Big Fish? A Critique Of Icc Trial Chamber V(A)'S Decision To Grant Ruto's Request For Excusal From Continuous Presence At Trial,
2013
United States International University-Africa
Caressing The Big Fish? A Critique Of Icc Trial Chamber V(A)'S Decision To Grant Ruto's Request For Excusal From Continuous Presence At Trial, Thomas Obel Hansen
Cardozo Journal of International and Comparative Law
The article critiques the ICC Trial Chamber V(a)'s decision to excuse William Ruto from continuous presence at his trial, arguing that this decision misinterprets Articles 63 and 27 of the Rome Statute. The Chamber's reliance on "exceptional circumstances" and Ruto's official status as Vice President of Kenya undermines the principle of equality before the law and sets a problematic precedent for future cases involving high-ranking officials.
Frivolous Motions And Abuses Of Process At The Ad Hoc International Criminal Tribunals,
2013
Yeshiva University, Cardozo School of Law
Frivolous Motions And Abuses Of Process At The Ad Hoc International Criminal Tribunals, Devon Whittle
Cardozo Journal of International and Comparative Law
The article examines the application of rules sanctioning frivolous or abusive motions at the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). While these rules are essential to prevent abuse of process, their application lacks consistency and clarity, leading to concerns about bias and undermining the principle of equality of arms. The article argues that developing a standardized framework for applying these rules would enhance fairness, reduce allegations of prejudice, and provide clearer guidance for counsel.
We Are Never Ever Getting Back Together: Domestic Violence Victims, Defendants, And Due Process,
2013
Seton Hall University School of Law
We Are Never Ever Getting Back Together: Domestic Violence Victims, Defendants, And Due Process, Jessica Miles
Cardozo Law Review
No abstract provided.
An Ounce Of Pretrial Prevention Is Worth More Than A Pound Of Post-Conviction Cure: Untethering Federal Pretrial Criminal Procedure From Due Process Standards Of Review,
2013
Alexander Blewett III School of Law at the University of Montana
An Ounce Of Pretrial Prevention Is Worth More Than A Pound Of Post-Conviction Cure: Untethering Federal Pretrial Criminal Procedure From Due Process Standards Of Review, Jordan Gross
Faculty Law Review Articles
Some Federal Rules of Criminal Procedure cover purely technical matters. Some Rules, however, cover procedures with constitutional dimensions. When a federal court is interpreting a Rule that has a companion constitutional doctrine, an issue arises as to whether the Rule’s requirements are co-extensive with the constitutional protections defined by federal case law, or whether the Rule provides federal defendants a higher level of pretrial procedural protection than a post-conviction due process standard. Federal courts have been inconsistent in identifying and resolving this question of constitutional equivalency. In interpreting some pretrial Criminal Rules, federal courts make a clear distinction between the …
Who Should Be The ‘Decider’ On Keeping Our Secrets?,
2013
University of Oklahoma College of Law
Who Should Be The ‘Decider’ On Keeping Our Secrets?, Stephen Henderson
Other Faculty Publications
An invited essay for Constitution Day, also available here: http://blogs.law.widener.edu/constitution2013/2013-essay-authors/stephen-henderson/It addresses the national security surveillance disclosed by Edward Snowden and others, and asks whether a fundamental shift would be prudent in the era of Big Data.
Transforming Juvenile Justice: Making Doctrine Out Of Dicta In Graham V. Florida,
2013
University of Michigan Law School
Transforming Juvenile Justice: Making Doctrine Out Of Dicta In Graham V. Florida, Jason Zolle
Michigan Law Review First Impressions
In the late 1980s and 1990s, many state legislatures radically altered the way that their laws treated children accused of crimes. Responding to what was perceived of as an epidemic of juvenile violence, academics and policymakers began to think of child criminals as a "new breed" of incorrigible "superpredators." States responded by making it easier for prosecutors to try and sentence juveniles as adults, even making it mandatory in some circumstances. Yet in the past decade, the Supreme Court handed down four opinions that limit the states' ability to treat children as adults in the justice system. Roper v. Simmons …
A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation,
2013
Washington and Lee University School of Law
A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation, Lauren Gregorcyk
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
