For more than a century, judges and commentators have debated the standard of review applied in federal habeas corpus cases, i.e. collateral attacks on state criminal convictions in federal court. (1) Prior to 1996, the federal statute creating habeas...
I. INTRODUCTION Richard Epstein once said that "[i]t is difficult to conceive of ... a defense of freedom of speech so pure as to countenance securities fraud.... (1) The regulation of false or misleading statements of material fact under the securities...
I. INTRODUCTION Amid the enumerated powers delegated to Congress in the Constitution is the power to "regulate commerce ... among the several states." (1) For over fifty years after President Franklin Roosevelt embarked on his New Deal with America,...
JOHN H. LAUB & ROBERT J. SAMPSON, SHARED BEGINNINGS, DIVERGENT LIVES: DELINQUENT BOYS TO AGE 70 (Harvard University Press, 2003). 338 PP. LORNA A. RHODES, TOTAL CONFINEMENT, MADNESS AND REASON IN THE MAXIMUM SECURITY PRISON (University of California...
I. INTRODUCTION Domestic violence as defined by our criminal justice system bears little resemblance to the abuse inflicted on over half a million women by intimate partners each year. (1) The disconnect between battering as it is practiced and...
I. INTRODUCTION For more than two decades, Congress has been on a mission to obtain uniformity in the federal sentencing system. What began with the Sentencing Reform Act of 1984 ("SRA"), and was soon followed by the Sentencing Guidelines, has been...
I. INTRODUCTION Entrapment is as old as a pleasant garden, a forbidden fruit, and a subtle snake. "The serpent beguiled me, and I did eat," pleaded Eve in response to an accusing Lord God. (1) Early English cases report instances of citizens being...