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REVIEW OF USUAL CRUELTY: THE COMPLICITY OF LAWYERS IN THE CRIMINAL JUSTICE SYSTEM BY ALEC KARAKATSANIS
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Authors Note: George J. & Kathleen Waters Matthews Distinguished University Professor of Law, Northeastern University School of Law. The author was first assistant counsel to the NAACP Legal Defense Fund in the 1960s, co-founded the clinical program at Columbia Law School, and served as the dean of Northeastern University School of Law from 1979 to…
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The Doctrine of Abatement Ab Initio in Commonwealth v. Hernandez
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Introduction The doctrine of abatement ab initio (hereinafter “the doctrine” or “abatement doctrine”) erases a defendant’s conviction if the if the defendant dies while an appeal is pending. Most federal courts, as well as several states, have adhered to this doctrine for decades. Over time, some states have modified the doctrine, and others have abolished…
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Unlocking Your Phone Could Lock You Up: Say Your Goodbyes to the Right Against Self-Incrimination
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Introduction As the U.S. legal system is struggling to adapt to the digital world, more and more Americans own and use electronic devices. Today, ninety-six percent of American adults own cell phones, with individuals looking at their phones an average of fifty-two times per day. The cell phone is an omnipresent device with the ability…
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The Language of Criminal Justice Reform: Reflections on Karakatsanis’ Usual Cruelty
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Authors Note: Crandall Melvin Professor of Law, Syracuse University College of Law; J.D., New York University School of Law; A.B., Princeton University. For their thoughtful comments and suggestions, I am grateful to Nicolas Commandeur, Ian Gallacher, Janet Moore, and Anna Roberts. Thank you also to Kyle Sutton, Emily Horjus, Gabrielle Mainiero, and Danielle Walsh at…
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The Dangers of Malingering as the Basis for a Two-Level Sentence Enhancement Under U.S.S.G § 3C1.1.
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Introduction Efficient case resolution is necessary to effectuate the accused’s right to a speedy trial under the Sixth Amendment, but it is also necessary to ensure the effective utilization of judicial resources more broadly. Yet, balancing judicial efficiency with quality case processing and ensuring just outcomes remains a challenge. Additionally, there are constant reminders throughout…
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Volume 55-1
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Featuring Lauryn P. Gouldin; Michael Meltsner; Cambrea Beller; Jenna DeAngelo; Melanie Falzone

