Results for “Supreme Court Justice Elena Kagan”

Page 18 of 52 2005 B.Y.U.L. Rev. 835, *865 Furthermore, the Federal Rules of Criminal Procedure already direct executive branch actions less directly connected to court hearings. For instance, Rule 16 directs that prosecutors must turn over various discoverable items to the defe...

Page 47 of 52 2005 B.Y.U.L. Rev. 835, *915 certain cases. Title /8 U.S.C. 3509 provides, "The court may appoint a guardian ad litem for a child who was a victim of, or a witness to, a crime involving abuse or exploitation to protect the best interests of the child." Congress, ho...

115 order to make clear that, consistent with enforcement policy at the time, criminal penalties would not be imposed “for inadvertent or insignificant errors in books and records, or inadvertent violations of accounting controls.” See S. Rep. No. 100-85, at 49; H.R. Rep. No. 10...

…"_anf-body-29","layout":"bodyLayout","role":"body","text":"The pick got little attention at the time — but proved to be supremely important. In March 2017, Sessions announced he would recuse himself from the Russia investigation — meaning that, as soon as Rosenstein was confirmed...

…uld reasonably offend people outside the theater. There was no legal binding precedent for such a challenge. Indeed the Supreme Court had just recently reaffirmed the power of the government to ban and prosecute obscenity, as an exception to the freedom of speech. In this respect...

…een blocked by malapportioned legislatures and other perversions of the democratic process. Over a period of years, the Supreme Court placed its moral imprimatur on desegregation and eventually unblocked these channels of democracy. It worked — not perfectly, but perfection is ra...

14 The Virgin Islands Daily News PERVERSION OF JUSTICE Monday, March 4, 2019 Alan Dershowitz suggests curbing press access to hearing on Jeffrey Epstein sex abuse By JULIE K. BROWN Miami Herald MIAMI —A court hearing on whether to unseal sensitive documents involving the all...

…intiffs respectfully request that this Court defer deciding their appeal of the dismissal of ther TVPA claims until the Supreme Court has decided Mohamad and the Court can obtain the benefit thereafter of the parties’ views of the implications of that decision for this case. Alt...

…n how directly the state laws con- flict with federal ones. More gen- erally, though, courts will take ac- count of the Supreme Court's deci- sion in the Arizona case, which called for collaboration rather than conflict. "Consultation between federal and state officials is an imp...

… refused to convey that information to the court and the trial judge accepted the plea. When the issue reached the Utah Supreme Court, the court concluded that the prosecutor had an ethical obligation as an officer of the court to convey that information to the judge: Prosecutor...

…ichtblau, supra note 141. 47 See Paul G. Cassell & James R. Marsh, Full Restitution for Child Pornography Victims: The Supreme Court's Paroline Decision and the Need for a Congressional Response, /3 Ohio St. J. Crim. L. 1, 7 (2015). 48 See U.S. Dep't of Justice, supra note 145,...

Page 5 of 52 2005 B.Y.U.L. Rev. 835, *843 The movement also successfully prodded the federal system to recognize victims’ rights. In 1982 Congress passed the first federal victims’ rights legislation, the Victim and Witness Protection Act (VWPA). 7’ The VWPA had three primary go...

…e U.S. Chamber of Commerce submitted a comment that questions “‘how the proposal can be said to be consistent with” the Supreme Court’s decision in Local 357, International Brotherhood of Teamsters v. NLRB, 365 U.S. 667 (1961). Specifically, the Chamber accuses the Board of ignor...

…ent's decision to terminate a prosecution." Here the Advisory Committee may be stepping out of line and questioning the Supreme Court. In 1944, the Court itself added the requirement to Rule 48 that prosecutors obtain leave of court before dismissing any indictment. *7? Thus, if...

… in the Nineteenth-Century United States, 39 Am. J. Legal Hist. 43, 44-45 (1995) (recounting numerous comments by state supreme courts on the low quality and inadequate funding of public prosecutor offices). DAVID SCHOEN HOUSE_OVERSIGHT_016526