Scholarship

Jurisdiction over Domestic and Alien Defendants

Graham C. Lilly

Date

1983

Citation

Graham C. Lilly, Jurisdiction over Domestic and Alien Defendants, 69 Virginia Law Review, 85–152 (1983).

More in This Category

The Counterintuitive Consequences of Sex Offender Risk Assessment at Sentencing

Megan T. Stevenson

Jennifer L. Doleac

Virginia adopted a risk assessment to help determine sentencing for sex offenders. It was incorporated as a one-way ratchet toward higher sentences...

Trump out on bail – a criminal justice expert explains the system of cash bail

Megan T. Stevenson

For several days, former President Donald Trump and his 18 co-defendants in a Georgia election interference case trickled into the Fulton County Jail...

Do Federal or State Prosecutors Get To Go First in Trying Trump? A Law Professor Untangles The Conflict

Darryl K. Brown

A federal grand jury in Florida indicted former President Donald Trump on June 8, 2023, on multiple criminal charges related to classified documents...

Bad Faith Prosecution

Ann Woolhandler

Michael G. Collins

Jonathan Remy Nash

In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more common...

Law and Orders

Rachel Harmon

Coercive policing is conducted mostly by means of commands, and officers usually cannot use force unless they have ﬁrst issued an order. Yet, despite...

Addressing the School-to-Prison Pipeline Through Three Nontraditional Pathways

Gerard Robinson

He who opens a school door, closes a prison. – Victor Hugo Analogous to Nathaniel Hawthorne’s critique of his leaders’ decision to use punishment as a...

Error Aversions and Due Process

Gregory Mitchell

Brandon L. Garrett

William Blackstone famously expressed the view that convicting the innocent constitutes a much more serious error than acquitting the guilty. This...

Does Cash Bail Deter Misconduct?

Megan T. Stevenson

Aurelie Ouss

Courts routinely use low cash bail as a financial incentive to ensure that released defendants appear in court and abstain from crime. This can create...

Competence for Criminal Adjudication: Client Autonomy and the Significance of Decisional Competence

Richard J. Bonnie

The practice of assessing and adjudicating competence for criminal adjudication in the United States developed largely without assistance from the U.S...

Severe Mental Illness and the Death Penalty: A Menu of Legislative Options

Richard J. Bonnie

In 2003, the American Bar Association established a Task Force on Mental Disability and the Death Penalty to further specify and implement the Supreme...

The Legal Effect of a Record of Delinquency Adjudication on Firearm Access: A Typology of State Statutes and Policies

Brett O. Gardner

Richard J. Bonnie

Katharine M. Janes

...

Gun-related violence and suicide in the United States are serious public health problems that are concentrated among young adults, especially those...

Doctrinal Forks in the Road: The Hidden Message of The Nature of the Judicial Process

G. Edward White

Kenneth S. Abraham

This Essay was prepared for a Symposium at the Yale Law School, celebrating the one-hundredth anniversary of The Nature of the Judicial Process, the...

Balancing Private and Public Interests in the Disclosure of Sexual Harassment Information

Gregory Mitchell

Legal ethicists, advocacy groups, and politicians have called for greater restrictions on the use of nondisclosure agreements (NDAs) when parties...

Extraterritorial State Criminal Law, Post- DOBBS

Darryl K. Brown

Like the federal government, states can apply their laws to people beyond their borders. Statutes can reach out-of-state conduct, such as fraud, that...

The predictive performance of criminal risk assessment tools used at sentencing: Systematic review of validation studies

Seena Fazel

Matthias Burghart

Thomas Fanshawe

...

Although risk assessment tools have been widely used to inform sentencing decisions, there is uncertainty about the extent and quality of evidence of...

The Dangerous Few: Taking Seriously Prison Abolition and Its Skeptics

Thomas Frampton

Prison abolition, in the span of just a few short years, has established a foothold in elite criminal legal discourse. But the basic question of how...

Altering Quotations with Ellipses

Joe Fore

In our last column, we explored different ways of incorporating quotes into legal writing. And although the whole point of quoting is to use another...

The Empirical Case for Pretrial Risk Assessment Instruments

Sarah L. Desmarais

John T. Monahan

James Austin

Pretrial risk assessment instruments are used in many jurisdictions to inform decisions regarding pretrial release and conditions. Many are concerned...