Collateral Review Of Career Offender Sentences: The Case For Coram Nobis,
2011
University of Michigan Law School
Collateral Review Of Career Offender Sentences: The Case For Coram Nobis, Douglas J. Bench Jr.
University of Michigan Journal of Law Reform
Occasionally, criminals correctly interpret the law while courts err. Litigation pursuant to the federal Armed Career Criminal Act (ACCA) includes numerous examples. The ACCA imposes harsher sentences upon felons in possession of firearms with prior "violent felony" convictions. Over time, courts defined "violent" so contrary to its common meaning that it eventually came to encompass driving under the influence, unwanted touching, and the failure to report to correctional facilities. However, in a series of recent decisions, the Supreme Court has attempted to clarify the meaning of violent in the context of the ACCA and, in the process, excluded such offenses. …
The Consequences Of Criminal Convictions For Misdemeanor Or Felony Offenses,
2011
Washington and Lee University School of Law
The Consequences Of Criminal Convictions For Misdemeanor Or Felony Offenses, David P. Baugh
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Where Do We Go From Here: Plea Colloquy Warnings And Immigration Consequences Post-Padilla,
2011
University of Michigan Law School
Where Do We Go From Here: Plea Colloquy Warnings And Immigration Consequences Post-Padilla, Vivian Chang
University of Michigan Journal of Law Reform
This Note argues for the passage of criminal procedure rules that would require judges to warn criminal defendants about immigration consequences at plea colloquy. Part I addresses the overlap of criminal and immigration law, arguing that the increased use of the criminal justice system to police federal immigration laws calls for greater protection of non-citizen defendants at plea colloquy. Part II then addresses the legal duties imposed on both defense counsel and trial courts in relation to plea colloquy. Padilla merely addressed the duty of defense counsel to provide constitutionally effective assistance before plea colloquy and did not reach the …
Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share,
2011
Villanova University Charles Widger School of Law
Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share, Michelle Madden Dempsey
Working Paper Series
Amongst the many valuable contributions that Professor Antony Duff has made to criminal law theory is his account of what it means for a wrong to be public in character. In this chapter, I sketch an alternative way of thinking about criminalization, one which attempts to remain true to the important insights that illuminate Duff’s account, while providing (it is hoped) a more satisfying explanation of cases involving victims who reject the criminal law’s intervention.
"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill
Working Paper Series
This is the introductory chapter of Stories About Science in Law: Literary and Historical Images of Acquired Expertise (Ashgate, 2011), explaining that the book presents examples of how literary accounts can provide a supplement to our understanding of science in law. Challenging the view that law and science are completely different, I focus on stories that explore the relationship between law and science, and identify cultural images of science that prevail in legal contexts. In contrast to other studies on the transfer and construction of expertise in legal settings, the book considers the intersection of three interdisciplinary projects-- law and …
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill
Working Paper Series
My focus is on an apparent trend at the intersection of the fields of evidentiary standards for expert admissibility and professional responsibility, namely the eagerness to place more ethical responsibilities on lawyers to vet their proffered expertise to ensure its reliability. My reservations about this trend are not only based on its troubling implications for the lawyer’s duty as a zealous advocate, which already has obvious limitations (because of lawyers’ conflicting duties to the court), but are also based on the problematic aspects of many reliability determinations. To expect attorneys—and this is what the proponents of a duty to vet …
Bargaining Inside The Black Box,
2011
William & Mary Law School
Bargaining Inside The Black Box, Allison Orr Larsen
Faculty Publications
When jurors are presented with a menu of criminal verdict options and they cannot reach a consensus among them, what should they do? Available evidence suggests they are prone to compromise—that is, jurors will negotiate with each other and settle on a verdict in the middle, often on a lesser-included offense. The suggestion that jurors compromise is not new; it is supported by empirical evidence, well-accepted by courts and commentators, and unsurprising given the pressure jurors feel to reach agreement and the different individual views they likely hold. There are, however, some who say intrajury negotiation represents a failure of …
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?,
2011
Villanova University Charles Widger School of Law
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill
Faculty Publications
My focus is on an apparent trend at the intersection of the fields of evidentiary standards for expert admissibility and professional responsibility, namely the eagerness to place more ethical responsibilities on lawyers to vet their proffered expertise to ensure its reliability. My reservations about this trend are not only based on its troubling implications for the lawyer’s duty as a zealous advocate, which already has obvious limitations (because of lawyers’ conflicting duties to the court), but are also based on the problematic aspects of many reliability determinations. To expect attorneys—and this is what the proponents of a duty to vet …
Overcriminalization: Is There A Problem To Solve?,
2011
American University Washington College of Law
Overcriminalization: Is There A Problem To Solve?, Roger Fairfax
Presentations
No abstract provided.
Summary Of Rose V. State, 127 Nev. Adv. Op. No. 43,
2011
Nevada Law Journal
Summary Of Rose V. State, 127 Nev. Adv. Op. No. 43, Michael Li
Nevada Supreme Court Summaries
An appeal of a second-degree murder conviction by jury verdict.
Summary Of Cortes V. State, 127 Nev. Adv. Op. No. 44,
2011
Nevada Law Journal
Summary Of Cortes V. State, 127 Nev. Adv. Op. No. 44, Sean W. Mcdonald
Nevada Supreme Court Summaries
Appeal from conviction of possession of a controlled substance with intent to sell.
Executions In America: How Constitutional Interpretation Has Restricted Capital Punishment,
2011
Salve Regina University
Executions In America: How Constitutional Interpretation Has Restricted Capital Punishment, Andrea Paone
Pell Scholars and Senior Theses
In upholding the constitutionality of capital punishment, the United States Supreme Court has utilized a strict construction interpretation of the Fourteenth Amendment's Due Process Clause, which has led the opponents of capital punishment to abandon the Due Process approach and look to the Eighth Amendment, for which the justices utilize a loose construction interpretation.
Summary Of Winkle V. Warden, 127 Nev. Adv. Op. No. 42,
2011
Nevada Law Journal
Summary Of Winkle V. Warden, 127 Nev. Adv. Op. No. 42, Tim Mott
Nevada Supreme Court Summaries
Petitioner sought a writ of mandamus directing Respondents to release her to the 305 program based on the language of NRS 209.427 and 209.429.
Summary Of Saletta V. State, 127 Nev. Adv. Op. No. 34,
2011
Nevada Law Journal
Summary Of Saletta V. State, 127 Nev. Adv. Op. No. 34, Erin Elliot
Nevada Supreme Court Summaries
Appeal from a judgment of conviction by a criminal defendant convicted of indecent or obscene exposure.
Actual Innocence After Friedman V. Rehal: The Second Circuit Pursues A New Mechanism For Seeking Justice In Actual Innocence Cases,
2011
Center for Appellate Litigation
Actual Innocence After Friedman V. Rehal: The Second Circuit Pursues A New Mechanism For Seeking Justice In Actual Innocence Cases, Jonathan M. Kirshbaum
Pace Law Review
No abstract provided.
An Illusory Right To Appeal: Substantial Constitutional Questions At The New York Court Of Appeals,
2011
Touro College, Jacob D. Fuchsberg Law Center
An Illusory Right To Appeal: Substantial Constitutional Questions At The New York Court Of Appeals, Meredith R. Miller
Pace Law Review
No abstract provided.
State V. Jackson And The Explosion Of Liability For Felony Murder,
2011
Mercer University School of Law
State V. Jackson And The Explosion Of Liability For Felony Murder, Brian E. Brupbacher
Mercer Law Review
In The Discourses, Niccold Machiavelli wrote, "The dangers involved in conspiracies[] ... are considerable, and go on all the time, for in a conspiracy dangers crop up alike in forming the plot, in carrying it out, and as a result of its having been carried out."' Although by its context this remark refers to conspiracies to commit regicide and the problems these conspiracies pose to the conspirators, this remark well describes practical and legal problems that can result from conspiracies to commit felonies. In Georgia this is particularly true following the June 28, 2010 ruling in State v. Jackson …
United States V. Ubs Ag: Has The United States Successfully Cracked The Vault To Swiss Banking Secrecy?,
2011
Benjamin N. Cardozo School of Law
United States V. Ubs Ag: Has The United States Successfully Cracked The Vault To Swiss Banking Secrecy?, Eric M. Victorson
Cardozo Journal of International and Comparative Law
The article examines the legal and diplomatic efforts of the United States to combat tax evasion by American citizens using Swiss bank accounts, focusing on the landmark case of United States v. UBS AG. It highlights how the U.S. successfully challenged Switzerland's banking secrecy laws through treaty revisions and legal actions, ultimately achieving greater transparency and setting a precedent for international tax enforcement.
The Kiyemba Paradox: Creating A Judicial Framework To Eradicate Indefinite, Unlawful Executive Detentions,
2011
Benjamin N. Cardozo School of Law
The Kiyemba Paradox: Creating A Judicial Framework To Eradicate Indefinite, Unlawful Executive Detentions, Samuel Chow
Cardozo Journal of International and Comparative Law
The article examines the Supreme Court's evolving role in reviewing detentions related to national security, particularly focusing on the writ of habeas corpus. It argues that while the Court has expanded habeas protections, significant limitations remain, especially in ordering release into the United States. The author contends that for habeas to be meaningful, courts must have the authority to grant "functional release," balancing individual liberty against executive powers. The analysis highlights key cases like Boumediene v. Bush, Munaf v. Geren, and Kiyemba v. Obama, which reveal the challenges in preventing indefinite detentions and the need for clearer …
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel,
2011
Brooklyn Law School
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin
Faculty Scholarship
No abstract provided.
