Now showing items 31-34 of 34
Reasonableness Review After Booker
(Houston Law Review, 2006)
About a year ago, the Supreme Court in United States v. Booker declared a new standard for the appellate review of federal sentences-reasonableness. Justice Breyer, writing for the Court, asserted reassuringly that the ...
Rethinking the Federal Role in State Criminal Justice
(New York University Law Review, 2009)
This Essay argues that federal habeas review of state criminal cases squanders resources the federal government should be using to help states reform their systems of defense representation. A 2007 empirical study reveals ...
"Batson" for the Bench? Regulating the Peremptory Challenge of Judges
(Chicago-Kent Law Review, 1998)
The choice of whether to adopt or preserve judicial peremptories should not turn on the resolution of one issue. The risk that such challenges will be used to discriminate between judges on the basis of race must be ...
Juries and Prior Convictions: Managing the Demise of the Prior Conviction Exception to "Apprendi"
(SMU Law Review, 2014)
This essay offers a menu of procedural alternatives for coping with the potential, some would say inevitable, abandonment of the prior conviction exception to the rule in Apprendi v. New Jersey. It compiles options states ...