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Author: Carissa Byrne Hessick Publisher: ISBN: Category : Languages : en Pages : 9
Book Description
Last Term, in Johnson v. United States, the U.S. Supreme Court struck down a portion of the Armed Career Criminal Act as unconstitutionally vague. The Johnson opinion is certain to have a large impact on federal criminal defendants charged with unlawfully possessing a firearm. But it is also likely to have other important consequences. The language deemed vague in Johnson is similar or identical to language in the Federal Sentencing Guidelines and other statutes. What is more, the Johnson opinion elaborates on the void-for-vagueness doctrine in important ways. Those elaborations ought to make vagueness challenges easier to win in the future.This Commentary examines the implications of Johnson. It also briefly discusses Justice Thomas's concurrence. Justice Thomas refused to join the majority opinion, instead opting to decide the case in Johnson's favor on statutory construction grounds. In addition to his statutory construction analysis, Justice Thomas questioned the constitutional basis of the void-for-vagueness doctrine. Justice Thomas's approach to the vagueness doctrine, if adopted by other members of the Court, could eviscerate the notice function of the doctrine.
Author: Carissa Byrne Hessick Publisher: ISBN: Category : Languages : en Pages : 9
Book Description
Last Term, in Johnson v. United States, the U.S. Supreme Court struck down a portion of the Armed Career Criminal Act as unconstitutionally vague. The Johnson opinion is certain to have a large impact on federal criminal defendants charged with unlawfully possessing a firearm. But it is also likely to have other important consequences. The language deemed vague in Johnson is similar or identical to language in the Federal Sentencing Guidelines and other statutes. What is more, the Johnson opinion elaborates on the void-for-vagueness doctrine in important ways. Those elaborations ought to make vagueness challenges easier to win in the future.This Commentary examines the implications of Johnson. It also briefly discusses Justice Thomas's concurrence. Justice Thomas refused to join the majority opinion, instead opting to decide the case in Johnson's favor on statutory construction grounds. In addition to his statutory construction analysis, Justice Thomas questioned the constitutional basis of the void-for-vagueness doctrine. Justice Thomas's approach to the vagueness doctrine, if adopted by other members of the Court, could eviscerate the notice function of the doctrine.
Author: César Cuauhtémoc García Hernández Publisher: ISBN: 9781641059459 Category : Family & Relationships Languages : en Pages : 304
Book Description
Crimmigration Law is a must-read for law students and practitioners seeking an introduction to the complex legal doctrine and practice challenges at the merger of immigration and criminal law.
Author: Risa Lauren Goluboff Publisher: Oxford University Press ISBN: 0199768447 Category : History Languages : en Pages : 481
Book Description
"People out of Place reshapes our understanding of the 1960s by telling a previously unknown story about often overlooked criminal laws prohibiting vagrancy. As Beats, hippies, war protesters, Communists, racial minorities, civil rights activists, prostitutes, single women, poor people, and sexual minorities challenged vagrancy laws, the laws became a shared constitutional target for clashes over radically different visions of the nation's future"--
Author: William J. Stuntz Publisher: Harvard University Press ISBN: 0674051750 Category : History Languages : en Pages : 425
Book Description
Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.
Author: Jerome Hall Publisher: The Lawbook Exchange, Ltd. ISBN: 1584774983 Category : Criminal law Languages : en Pages : 656
Book Description
"The Most Important Treatise on Criminal Law Produced by American Legal Scholarship" First published to great acclaim in 1947, Hall's General Principles of Criminal Law is one of the undisputed classics in its field. It provides more than a broad overview. Drawing on his expertise in jurisprudence and the work of the legal realists, it analyzes the principles that comprise criminal activity with an emphasis on its creation and definition by officials. This process is explored in the chapters on criminology, criminal theory and penal theory and, in more specific terms, the chapters on legality, mens rea, harm, causation, punishment, strict liability, ignorance and mistake, necessity and coercion, mental disease, intoxication and criminal attempt. "For many years, our standard work on criminal law has been Bishop's. First published in 1856, Bishop's is the only American book in the field that has conspicuously influenced our criminal law. (...) When Jerome Hall's, General Principles of Criminal Law (1947) appeared, it represented the first significant effort to articulate the principles of criminal law since Bishop's era. Hall's work may, in fact, represent the most important treatise on criminal law produced by American legal scholarship." --Fred Cohen, Journal of Legal Education 16 (1963-64) 260.
Author: Adam B. Cox Publisher: Oxford University Press ISBN: 0190694386 Category : Law Languages : en Pages : 361
Book Description
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Author: Ronald A. Cass Publisher: JHU Press ISBN: 9780801874413 Category : Law Languages : en Pages : 234
Book Description
Drawing upon extensive experience in law, government service, teaching, and research, Ronald Cass offers a contribution to the ongoing public discussion on law and society. After opening his discussion with chapters on the rule of law in American society, Cass turns to the hard case of its application to the president of the United States. Through this prism Cass examines the behavior of judges who may not always act according to a "perfect model." This book provides a corrective to criticism of the American legal system raised all too frequently by some members of the academy. Rather than concentrating on relatively minor inconsistencies in the law and slight departures from the ideal of perfectly constrained decision making, Cass argues that the energies of his fellow scholars could be better spent on more serious defects in the legal system. With a special section on the 2000 presidential election, including the Florida recount and Supreme Court decision, The rule of law in America offers a look at a subject of interest to legal scholars and general readers alike.
Author: Carissa Byrne Hessick
Author: Carissa Byrne Hessick
Author: 
Author: César Cuauhtémoc García Hernández
Author: Risa Lauren Goluboff
Author: William J. Stuntz
Author: 
Author: Jerome Hall
Author: Adam B. Cox
Author: Ronald A. Cass
Author: American Bar Foundation