Browsing Vanderbilt Law School Faculty Works by Author "King, Nancy J., 1958-"

Now showing items 21-34 of 34

    • The Origins of Felony Jury Sentencing in the United States 
      King, Nancy J., 1958- (Chicago-Kent Law Review, 2003)
      All of the states admitted to the Union by 1800 eventually abandoned capital punishment for most felonies in favor of discretionary terms of imprisonment. But of these states, only Virginia, Kentucky, and Georgia adopted ...
    • Plea Bargains that Waive Claims of Ineffective Assistance - Waiving Padilla and Fry 
      King, Nancy J., 1958- (Duquesne Law Review, 2013)
      This essay addresses the growing use and enforcement of terms in plea agreements by which a defendant waives his right to attack his plea agreement on the basis of constitutionally deficient representation during negotiations ...
    • Portioning Punishment: Constitutional Limits on Successive and Excessive Penalties 
      King, Nancy J., 1958- (University of Pennsylvania Law Review, 1995)
      There has been a remarkable increase during the last decade in the imposition of overlapping civil, administrative, and criminal sanctions for the same misconduct,' as well as a steady rise in the severity of those sanctions.2 ...
    • Post Padilla: Padilla's Puzzles for Review in State and Federal Courts 
      King, Nancy J., 1958-; Proctor, Gray (Federal Sentencing Reporter, 2011)
      This article addresses questions that may face courts as defendants seek relief under the Court’s decision in Padilla v. Kentucky, which held that counsel’s failure to adequately inform the defendant of the deportation ...
    • Postconviction Review of Jury Discrimination: Measuring the Effects of Juror Race on Jury Decisions 
      King, Nancy J., 1958- (Michigan Law Review, 1993)
      As the Court has expanded its definition of jury selection techniques that violate constitutional standards, it has narrowed the circumstances that entitle defendants to postconviction relief. These two developments are ...
    • Priceless Process: NonNegotiable Features of Criminal Litigation 
      King, Nancy J., 1958- (UCLA Law Review, 1999)
      In this Article, Professor Nancy King develops an approach for determining when judges should block the efforts of criminal litigants to bypass constitutional and statutory requirements other than those already traded ...
    • Racial Jurymandering: Cancer or Cure? A Contemporary Review of Affirmative Action in Jury Selection 
      King, Nancy J., 1958- (New York University Law Review, 1993)
      Racial and ethnic minorities continue to be substantially underrepresented on criminal juries. At all stages of jury selection-venue choice, source list development, qualified list development, and jury panel and foreperson ...
    • Reasonableness Review After Booker 
      King, Nancy J., 1958- (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 ...
    • Regulating Settlement: What is Left of the Rule of Law in the Criminal Process? 
      King, Nancy J., 1958- (DePaul Law Review, 2007)
      Consider what plea bargains would be like if legal rules were taken more seriously than they currently are. A court would recognize a defendant's willingness to be convicted of an offense only when certain conditions were ...
    • Rethinking the Federal Role in State Criminal Justice 
      King, Nancy J., 1958-; Hoffman, Joseph L., 1957- (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 ...
    • Right Problem; Wrong Solution 
      King, Nancy J., 1958-; Hoffmann, Joseph L., 1957- (California Law Review Circuit, 2010-08)
      In Boumediene v. Bush, the Supreme Court, in a powerful and eloquent majority opinion by Justice Anthony Kennedy, vindicated the right of a non-U.S. citizen, held in custody at a military base outside the United States, ...
    • Sentencing and Prior Convictions: The Past, the Future, and the End of the Prior-Conviction Exception to Apprendi 
      King, Nancy J., 1958- (Marquette Law Review, 2014)
      This article traces the fascinating history of early efforts to identify defendants and their prior convictions as well as the evolving use of prior convictions in aggravating punishment; examines how contemporary repeat ...
    • Silencing Nullification Advocacy Inside the Jury Room and Outside the Courtroom 
      King, Nancy J., 1958- (University of Chicago Law Review, 1998)
      Jurors in criminal cases occasionally "nullify" the law by acquitting defendants who they believe are guilty according to the instructions given to them in court. American juries have exercised this unreviewable nullification ...
    • Stratified Juror Selection: Cross-Section by Design 
      Munsterman, G. Thomas; King, Nancy J., 1958- (Judicature, 1996)
      Of the various selection methods that contribute to the underrepresentation of members of racial and ethnic minority groups on juries, peremptory challenges have attracted the most attention in recent years. Yet gains in ...