Indian Bill of Rights vs. U.S. Bill of Rights
Kaighn Smith, Jr., Matthew L.M. Fletcher and Wenona T. SingelMany people are not aware that federal constitutional constraints on governmental action set forth in the Bill of Rights and the Fourteenth Amendment do not apply to, or constrain, tribal government.
Updated “Consent” Definition
Jennifer MorinigoThe Model Penal Code’s definition of “Consent” has been reviewed and approved by ALI’s Council.
A Look at Virginia’s Presidential Recount Procedures: Part I
Edward B. Foley and Steven F. HuefnerThe idea of expedited procedures is hardly foreign to American law. Indeed, its application to elections—and specifically recounts—is not without precedent. It is perhaps surprising that more states have not adopted specific procedural mechanisms for the expedited adjudication of disputes over the counting of ballots in a presidential election.
No Second Thoughts about Second Look Sentencing
Margaret LoveThe MPC’s “second look” proposal and other sentence reduction provisions provide a blueprint for dealing with a problem the Obama Administration has worked hard to resolve over almost three years, with only partial success. That problem is the one reflected in the situation of hundreds – perhaps thousands – of federal prisoners serving lengthy no-parole sentences that would be less severe if imposed today.
Legislative Committee Aims to Revise Sexual Assault, Consent Laws
Abby LynesA Montana state legislative committee is proposing a set of bills in the next legislative session that would revise state laws and sentencing for sexual assault, including a bill that would take away the requirement for victims to show that physical force was used.
Trespass, Not Fraud: The Need for New Sentencing Guidelines in CFAA Cases
Orin S. KerrThis article argues that the existing regime for sentencing violations of CFAA is based on a conceptual error that consistently leads to improper sentencing recommendations.