Res Judicata: California V. Sims,
2013
Pepperdine University
Res Judicata: California V. Sims, Alan Saltzman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Parole Revocation Procedures In Kentucky,
2013
Pepperdine University
Parole Revocation Procedures In Kentucky, Harry J. Rothgerber Jr., J. W. Deese
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Summary Of Carter V. State, 129 Nev. Adv. Op. 26,
2013
Nevada Law Journal
Summary Of Carter V. State, 129 Nev. Adv. Op. 26, Brittany Puzey
Nevada Supreme Court Summaries
Whether a suspect who asks, “Can I get an attorney?” after he has been advised of his rights under Miranda , unambiguously invokes his right to counsel, and if so, whether the State can resume the interrogation of the suspect by reading him a second set of Miranda warnings and obtaining an otherwise valid waiver.
Summary Of Slaatte V. State, 129 Nev. Adv. Op. 23,
2013
Nevada Law Journal
Summary Of Slaatte V. State, 129 Nev. Adv. Op. 23, David H. Rigdon
Nevada Supreme Court Summaries
An appeal from a judgment of conviction that imposed restitution in an uncertain amount. Slaatte argued that Nevada law requires that a district court set a fixed amount of restitution when it determines that restitution is appropriate as part of a sentence.
Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction ,
2013
Pepperdine University
Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
How Administrative Law Halted The Death Penalty In Maryland ,
2013
Pepperdine University
How Administrative Law Halted The Death Penalty In Maryland , Arnold Rochvarg
Journal of the National Association of Administrative Law Judiciary
Numerous arguments have been raised to halt the death penalty, including constitutional claims such as ineffective assistance of counsel, equal protection, right to trial by jury, and cruel and unusual punishment. The winning argument, however, in Evans v. State, a Maryland death penalty appeal, was based not on constitutional or criminal law, but rather Administrative Law. A death row inmate attacked the validity of the procedures for administering lethal injection capital punishment because the Maryland Department of Corrections had not followed the proper statutory procedures for adopting the regulation which set forth the capital punishment process. In order for a …
Summary Of Gonzalez V. Dist. Ct., 129 Nev. Adv. Op. 22,
2013
Nevada Law Journal
Summary Of Gonzalez V. Dist. Ct., 129 Nev. Adv. Op. 22, Michael Esposito
Nevada Supreme Court Summaries
This is an original writ of mandamus challenging the ruling of the Eight Judicial District Court of Nevada denying the motion to dismiss of the petitioner, Leopoldo Gonzalez. Gonzalez’s motion sought to dismiss criminal information under the Double Jeopardy Clause and collateral estoppel rule.
Summary Of Patterson V. State Of Nevada, 129 Nev. Adv. Op. No. 17,
2013
Nevada Law Journal
Summary Of Patterson V. State Of Nevada, 129 Nev. Adv. Op. No. 17, Brittnie Watkins
Nevada Supreme Court Summaries
The Court considered an appeal from a jury verdict convicting the defendant of conspiracy to commit murder, murder with the use of a deadly weapon and discharging a firearm at a vehicle.
Summary Of Truesdell V. State, 129 Nev. Adv. Op. No. 20,
2013
Nevada Law Journal
Summary Of Truesdell V. State, 129 Nev. Adv. Op. No. 20, Sean Africk
Nevada Supreme Court Summaries
The Court considered an appeal from a judgment of conviction, pursuant to a jury verdict, of invasion of the home in violation of a temporary protection order.
Physician Participation In Executions, The Morality Of Capital Punishment, And The Practical Implications Of Their Relationship,
2013
University of Missouri School of Law
Physician Participation In Executions, The Morality Of Capital Punishment, And The Practical Implications Of Their Relationship, Paul J. Litton
Faculty Publications
Evidence that some executed prisoners suffered excruciating pain has reinvigorated the ethical debate about physician participation in lethal injections. In widely publicized litigation, death row inmates argue that the participation of anesthesiologists in their execution is constitutionally required to minimize the risk of unnecessary suffering. For many years, commentators supported the ethical ban on physician participation reflected in codes of professional medical organizations. However, a recent wave of scholarship concurs with inmate advocates, urging the law to require or at least permit physician participation.
Law And Local Activism: Uncovering The Civil Rights History Of Chambers V. Mississippi,
2013
University of Michigan Law School
Law And Local Activism: Uncovering The Civil Rights History Of Chambers V. Mississippi, Emily Prifogle
Articles
Countless academics have examined and discussed the importance of Chambers v. Mississippi in a multitude of areas including compulsory due process, admission of hearsay, third party guilt evidence, false confessions, racial evaluations of hearsay and witnesses, and morally reasonable verdicts. In contrast, this article attempts to excavate the account of a rural Mississippi community’s struggle for rights that underlies the U.S. Supreme Court decision in Chambers. On its face, the case has no link or reference to the civil rights movement. However, this paper reveals that local civil rights activists took armed, direct economic action for equal rights Woodville, Mississippi, …
The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative,
2013
University of New Mexico School of Law
The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel
Michigan Journal of Race and Law
Native American Indians charged in tribal court criminal proceedings are not entitled to court appointed defense counsel. Under well-settled principles of tribal sovereignty, Indian tribes are not bound by Fifth Amendment due process guarantees or Sixth Amendment right to counsel. Instead, they are bound by the procedural protections established by Congress in the Indian Civil Rights Act of 1968. Under the Indian Civil Rights Act (ICRA), Indian defendants have the right to counsel at their own expense. This Article excavates the historical background of the lack of counsel in the tribal court arena and exposes the myriad problems that it …
Drawing The Line At Atkins And Roper: The Case Against Additional Categorical Exemptions From Capital Punishment For Offenders With Conditions Affecting Brain Function,
2013
West Virginia University College of Law
Drawing The Line At Atkins And Roper: The Case Against Additional Categorical Exemptions From Capital Punishment For Offenders With Conditions Affecting Brain Function, Mark E. Coon
West Virginia Law Review
No abstract provided.
Sentence Appeals In England: Promoting Consistent Sentencing Through Robust Appellate Review,
2013
University of Arkansas Little Rock
Sentence Appeals In England: Promoting Consistent Sentencing Through Robust Appellate Review, Briana Lynn Rosenbaum
The Journal of Appellate Practice and Process
No abstract provided.
Constitutional Law—Sixth Amendment—Braving Confrontation: Arkansas’S Progressive Position Regarding Criminal Defendants’ Confrontation Rights At Sentencing,
2013
University of Arkansas Little Rock
Constitutional Law—Sixth Amendment—Braving Confrontation: Arkansas’S Progressive Position Regarding Criminal Defendants’ Confrontation Rights At Sentencing, Cassie R. Howell
University of Arkansas at Little Rock Law Review
No abstract provided.
Challenging The Death Penalty With Statistics: Furman, Mccleskey, And A Single County Case Study,
2013
University of San Francisco School of Law
Challenging The Death Penalty With Statistics: Furman, Mccleskey, And A Single County Case Study, Steven F. Shatz, Terry Dalton
Cardozo Law Review
In the forty-year history of the Supreme Court's modern death penalty jurisprudence, two cases - Furman v. Georgia (1972) and McCleskey v. Kemp (1987) - stand out above all others. Both cases turned on the Court's consideration of empirical evidence, but they appear to have reached divergent - even altogether inconsistent - results. In Furman, the Court relied on statistical evidence that the death penalty was infrequently applied to death-eligible defendants to hold that the Georgia death penalty scheme was unconstitutional under the Eighth Amendment. In McCleskey, the Court, despite being presented with statistical evidence that race played …
Victim Participation At The Icc For Victims Of Gender-Based Crimes: A Conflict Of Interest?,
2013
School of Law, University of Warwick
Victim Participation At The Icc For Victims Of Gender-Based Crimes: A Conflict Of Interest?, Solange Mouthaan
Cardozo Journal of International and Comparative Law
The International Criminal Court (ICC) faces significant challenges in implementing victim participation as mandated by the Rome Statute, particularly in cases involving gender-based crimes. While victim participation is a groundbreaking feature of the ICC, its current system is overly burdensome, inconsistent, and ineffective, undermining the Court's core purposes of retribution, deterrence, and restorative justice. The ICC's reliance on state contributions for reparations and its failure to prosecute gender-based crimes vigorously further exacerbate these issues, raising concerns about fairness and efficiency in international criminal justice.
The Political Question Doctrine In Private Military Company Liability Cases: Defining Claims To Ensure Accountability,
2013
Benjamin N. Cardozo School of Law
The Political Question Doctrine In Private Military Company Liability Cases: Defining Claims To Ensure Accountability, Joelle D. Keypour
Cardozo Journal of International and Comparative Law
The note argues that the political question doctrine should be narrowly applied to private military companies (PMCs) to ensure accountability while preserving the separation of powers. It critiques the inconsistent application of the Baker v. Carr six-factor test in PMC cases, which often shields these entities from liability. The proposed solution is a dual classification system for claims—distinguishing between commercial-related and combat-related activities—to provide clarity and prevent abuse of the doctrine. This approach aims to balance judicial oversight with respect for executive authority in sensitive military matters.
Reclaiming Equality To Reframe Indigent Defense Reform,
2013
Vanderbilt University Law School
Reclaiming Equality To Reframe Indigent Defense Reform, Lauren Sudeall
Vanderbilt Law School Faculty Publications
Equal access to resources is fundamental to meaningful legal representation, yet for decades, equality arguments have been ignored in litigating indigent defense reform. At a time when underfunded indigent defense systems across the country are failing to provide indigent defendants with adequate representation, the question of resources is even more critical. Traditionally, advocates seeking indigent defense reform have relied on Sixth Amendment arguments to protect the rights of indigents in this context; however, the Sixth Amendment approach suffers from a number of shortcomings that have made it a poor tool for systemic reform, including its exclusive focus on attorney performance …
Quasi-Judicial Prosecutors And Post-Conviction Claims Of Innocence: Granting Recusals To Make Impartiality A Reality,
2013
Benjamin N. Cardozo School of Law
Quasi-Judicial Prosecutors And Post-Conviction Claims Of Innocence: Granting Recusals To Make Impartiality A Reality, Rachel Pecker
Cardozo Law Review
No abstract provided.
