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Law Review & Journal Articles on the Death Penalty
Law Reviews and Journal Articles
2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008
Research on the Death Penalty - A collection of research that has been done on capital punishment, sorted by category.
Although DPIC can not provide copies of references listed, some may be found online at FindLaw.com
Acker, James, et. al., "The Empire Strikes Back: Examining Death-and Life-qualification of Jurors and Sentencing Alternatives Under New York's Capital Punishment Law," 10 Criminal Justice Policy Review 49 (1999)
Bedau, Hugo Adam: "Imprisonment vs. death: Does avoiding Schwarzschild's paradox lead to Sheleff's dilemma?"; 54 Albany Law Review 481 (1990)
Lane, J. Mark: "Is there life without parole? A capital defendant's right to a meaningful alternative sentence"; 26 Loyola of Los Angeles Law Review 327 (1993)
Marquart, James W. and Sorensen, Jonathan R.: "Institutional and postrelease behaviour of furman-commuted inmates in Texas"; 26 Criminology 677 (1988)
Marquart, James W. and Sorensen, Jonathan R.: "A national study of the Furman-commuted inmates: addressing the threat to society from capital offenders"; 23 Loyola of Los Angeles Law Review 5 (1989)
Baldus, David et al.: "Arbitrariness and discrimination in the administration of the death penalty: a challenge to state supreme courts"; 15 Stetson Law Review 133 (1986)
Berger, Vivian: "Born-again death"; 87 Columbia Law Review 1301 (1987)
Berger, Vivian: ""Black box decisions" on life or death - if they're arbitrary, don't blame the jury: a reply to Judge Patrick Higginbotham"; 41 Case Western Reserve Law Review 1067 (1991)
Berger, Vivian: "Payne and suffering - a personal reflection and a victim-centered critique"; 20 Florida State University Law Review 21 (1992)
Burkhead, Michael and Luginbuhl, James: "Sources of bias and arbitrariness in the capital trial"; 50 Journal of Social Issues 103 (1994)
Gross, Samuel R., "Still Unfair, Still Arbitrary - But Do We Care?" Keynote Address, 26 Ohio Northern University Law Review 517 (2000)
Lofquist, William, "Putting Them There, Keeping Them There, and Killing Them: An Analysis of State-Level Variations in Death Penalty Intensity," 87 Iowa Law Review 1505 (2002). The article compares the various states' use of the death penalty and scales their intensity in terms of death sentences, appellate reversals, and executions. It also explores capital punishment as it relates to state welfare and social policies.
Martin, Earl F.,"Tessie Hutchinson and the American System of Capital Punishment" 59 Maryland Law Review 553 (2000).
Radelet, Michael, et. al., 7 Univ. of Colorado Law Review 549 (2006).
Songer, M. and Unah, I. "The Effect of Race, Gender, and Location on Prosecutorial Decision to Seek the Death Penalty in South Carolina," 58 S. Carolina Law Rev. (Nov. 2006)
Steiner, Ben, "Still Arbitrary: Capital Sentencing in the Post-Furman Era," 10 Criminal Justice Policy Review 85 (1999)
Symposium: Robert Blecker, Jeffrey Kirchmeier, the Honorable William Erlbaum, David Von Drehle, and Jeffrey Fagan: "Rethinking the Death Penalty: Can We Define Who Deserves Death?" - 24 Pace Law Review 107 (2003)
Symposium: Stephen B. Bright, Norman Greene, Gerald B. Lefcourt, Michael G. Millman, Norman Redlich, Bryan Stevenson, Ronald J. Tabak: "The O. J. Simpson case and capital punishment"; 38 Howard Law Journal 247 (1995)
Tabak, Ronald J.: "The death of fairness: the arbitrary and capricious imposition of the death penalty in the 1980s"; 14 Review of Law and Social Change 797 (1986)
Vitiello, Michael: "Payne vs. Tennessee: a "stunning ipse dixit""; 8 Notre Dame Journal of Law, Ethics and Public Policy 165 (1994)
James R. Acker and Charles S. Lanier: "May God - or the Governor - Have Mercy: Executive Clemency and Executions in Modern Death-Penalty Systems," 36 Criminal Law Bulletin 200 (2000)
Bedau, Hugo Adam: "A retributive theory of the pardoning power?"; 27 University of Richmond Law Review 185 (1993)
Breslin, Beau and Howley, John J.P., "Defending the Politics of Clemency," 81 Oregon Law Review 231 (2002)
Jorgensen, James N.: "Federal executive clemency power: the President's prerogative to escape accountability"; 27 University of Richmond Law Review 345 (1993)
Kobil, Daniel T.: "Due process in death penalty commutations: life, liberty and the pursuit of clemency"; 27 University of Richmond Law Review 201 (1993)
Ledewitz, Bruce and Staples, Scott: "The role of executive clemency in modern death penalty cases"; 27 University of Richmond Law Review 227 (1993)
Love, Margaret Colgate, "Of Pardons, Politics and Collar Buttons: Reflections on the President's Duty to be Merciful," 27 Fordham Urban Law Journal 1483 (2000)
Moore, Kathleen Dean: "Pardon for good and sufficient reasons"; 27 University of Richmond Law Review 281 (1993)
Palacios, Vicotria J.: "Faith in fantasy: the Supreme Court's reliance on commutation to ensure justice in death penalty cases"; 49 Vanderbilt Law Review 311 (1996)
Radelet, Michael L. and Zsembik, Barbara A.: "Executive clemency in post-Furman capital cases"; 27 University of Richmond Law Review 289 (1993)
Schumacher, Daryl M.: "Intruders at the Death House: limiting third-party intervention in executive clemency"; 30 The John Marshall Law Review 567 (1997)
Bandes, Susan: "Simple murder: a comment on the legality of executing the innocent"; 44 Buffalo Law Review 501 (1996)
Bedau, Hugo Adam: "Interpreting the Eighth Amendment: principled vs. populist strategies"; 13 Thomas M. Cooley Law Review 789 (1996)
D'Avella, Joanna H. DEATH ROW FOR CHILD RAPE? CRUEL AND UNUSUAL PUNISHMENT UNDER THE ROPER-ATKINS "EVOLVING STANDARDS OF DECENCY" FRAMEWORK, 92 Cornell Law Review 129 (2006) (available at http:organizations.lawschool.cornell.edu/clr/92_1/davella/92-1.pdf).
Laurence, Michael and Sevilla, Charles M.: "Thoughts on the cause of the present discontents : the death penalty cases of Robert Alton Harris"; 40 UCLA Law Review 345 (1992)
Ledewitz, Bruce: "Could the death penalty be a cruel punishment?"; 3 Widener Journal of Public Law 121 (1993)
Marinello, Joseph R.: "The death penalty and pre-trial publicity: Are today's attempts at guaranteeing a fair trial adequate?"; 8 Notre Dame Journal of Law, Ethics and Public Policy 371 (1994)
Symposium: Robert Blecker, Jeffrey Kirchmeier, the Honorable William Erlbaum, David Von Drehle, and Jeffrey Fagan: "Rethinking the Death Penalty: Can We Define Who Deserves Death?" - 24 Pace Law Review 107 (2003)
Steiker, Carol and Steiker, Jordan: "Sober second thoughts: reflections on two decades of constitutional regulation of capital punishment"; 109 Harvard Law Review 355 (1995)
Bright, Stephen B.: "The death penalty as the answer to crime: costly, counterproductive and corrupting"; 35 Santa Clara Law Review 1211 (1995)
Dieter, Richard C.: "What politicians don't say about the high costs of the death penalty"; 1 Studies in Prolife Feminism 11 (1995)
Spangenberg, Robert L. and Walsh, Elizabeth: "Capital punishment or life imprisonment? Some cost considerations"; 23 Loyola of Los Angeles Law Review 45 (1989)
Albert, Craig J.: "Challenging Deterrence: New Insights on Capital Punishment Derived from Panel Data"; 60 University of Pittsburgh Law Review321 (1999).
Bailey, William C. and Peterson, Ruth D.: "Murder, capital punishment, and deterrence: a review of the evidence and an examination of police killings"; 50 Journal of Social Issues 53 (1994)
Donohue, John J. and Justin Wolfers: 58 Stanford Law Review 791 (2005).
Fox, James Alan and Radelet, Michael L.: "Persistent flaws in econometric studies of the deterrent effect of the death penalty"; 23 Loyola of Los Angeles Law Review 29 (1989)
Haney, Craig and Logan, Deana Dorman: "Broken promise: the Supreme Court's response to social science research on capital punishment"; 50 Journal of Social Issues 75 (1994)
Mignon, Sylvia I. and Holmes, William M., "Police Recruits' Attitudes Toward the Death Penalty," 10 Criminal Justice Policy Review 29 (1999)
Weisberg, Robert, "The Death Penalty Meets Social Science: Deterrence and Jury Behavior Under New Scrutiny," 1 Annual Review of Law and Social Science 151 (2005).
Alarcon, Arthur L. "Remedies for California's Death Row Deadlock," Southern California Law Review Vol 80:697 (2007).
Symposium: "Pro Se Litigation Ten Years After AEDPA," 41 Harvard Civil Rights-Civil Liberties Law Review 289 (2006).
P. White, "'He Said,' 'She Said,' and Issues of Life and Death: The Right to Confrontation at Capital Sentencing Proceedings," 19 Regent University Law Review 387 (2007)
Bilionis, Louis D.: "Eighth Amendment Meanings from the ABA's Moratorium Resolution"; 61 Law & Contemporary Problems 29 (1998)
Bright, Stephen B.: "The American Bar Association's recognition of the sacrifice of fairness for results: will we pay the price of justice?"; 4 Georgetown Journal on Fighting Poverty 183 (1996)
Coyne, Randall and Entzeroth, Lyn: "Report regarding implementation of the American Bar Association's recommendations and resolutions concerning the death penalty and calling for a moratorium on executions"; 4 Georgetown Journal on Fighting Poverty 3 (1996)
Sarat, Austin: "Recapturing the Spirit of Furman: The American Bar Association and the New Abolitionist Politics"; 61 Law & Contemporary Problems 5 (1998)
Tabak, Ronald J.: "Why the ABA opposes unjust executions"; 4 Georgetown Journal on Fighting Poverty 181 (1996)
Little, Rory K., "The Future of the Federal Death Penalty" 26 Ohio Northern University Law Review 529 (2000)
M. Mannheimer, "When the Federal Death Penalty is 'Cruel and Unusual,'" 74 U. of Cincinnati Law Review 819 (2006)). Read the full article HERE.
Blaustein, Susan: "Habeas corpse"; 28 The Bill of Rights Journal 25 (1995)
Boaz, Julia E.: "Summary process and the rule of law: expediting death penalty cases in the federal courts"; 95 The Yale Law Journal 349 (1985)
Bright, Stephen B.: "Is fairness irrelevant? The evisceration of federal habeas corpus reviewand limits on the ability of state courts to protect fundamental rights"; 54 Washington and Lee Law Review 1 (1997)
Bureau of Justice Statistics, ed.: "Challenging state court criminal convictions"; Federal Habeas Corpus Review 1 (1995)
Duffy, Donna and Mello, Michael: "Suspending justice: the unconstitutionality of the proposed six-month time limit on the filing of habeas corpus petitions by state death row inmates"; 18 New York University Review of Law and Social Change 451 (1990-1991)
Faust, Richard et al.: "The great writ in action: empirical light on the federal habeas corpus debate"; 18 New York University Review of Law and Social Change 637 (1990-1991)
Foley, Timothy J.: "The new arbitrariness: procedural default of federal habeas corpus claims in capital cases"; 23 Loyola of Los Angeles Law Review 193 (1989)
Freedman, Eric M.: "The suspension clause in the ratification debates"; 44 Buffalo Law Review 451 (1996)
Krotoski, Mark L. and Lungren, Daniel E.: "Public policy lessons from the Robert Alton Harris case"; 40 UCLA Law Review 295 (1992)
Lane, J. Mark and Tabak, Ronald J.: "Judicial activism and legislative "reform" of federal habeas corpus: a critical analysis of recent developments and current proposals"; 55 Albany Law Review 1 (1991)
Liebman, James S. and Ryan, William F.: ""Some effectual power": the quantity and quality of decisionmaking that article III and the Supremacy Clause demand of the federal courts"; 98 Columbia Law Review 696 (1998)
Lyon, Andrea D.: "New opportunities for defense attorneys: how record preservation requirements after the new habeas bill require extensive and exciting trial preparation"; 30 The John Marshall Law Review 389 (1997)
Morris, Jr., John B.: "The rush to execution: successive habeas corpus petitions in capital cases"; 95 The Yale Law Journal 371 (1985)
Neuborne, Burt: "The myth of parity"; 90 Harvard Law Review 1105 (1977)
Scheidegger, Kent S.: "Habeas corpus, relitigation, and the legislative power"; 98 Columbia Law Review 888 (1998)
Tabak, Ronald J.: "Habeas corpus as a crucial protector of constitutional rights: a tribute which may also be a eulogy"; 26 Seton Hall Law Review 1477 (1996)
Tabak, Ronald J., ed.: "Dead man walking without due process? A discussion of the Anti-terrorism and Effective Death Penalty Act of 1996"; Panel members: Susan Cary, Thoams Dunn, Leon Friedman, Mark Olive, Lori Rozsa, Ronald J. Tabak; 23 New York University Review of Law and Social Change 163 (1997)
Tabak, Ronald J., ed.: "Is there any habeas left in this corpus?"; Panel members: Stephen B. Bright, Susan Getzendanner, Scharlette Holdman, Andrea Lyon, E. Michael McCann, Reverend Michael Place, Andrew L. Sonner, Jeffrey Urdangen, Professor Larry Yackle; 27 Loyola University Chicago Law Journal 523 (1996)
Yackle, Larry W.: "A primer on the new habeas corpus statute"; 44 Buffalo Law Review 381 (1996)
Yackle, Larry W.: "The American Bar Association and Federal Habeas Corpus"; 61 Law & Contemporary Problems 171 (1998)
Kadish, Mark J.: "Article 36 of the Vienna Convention on Consular Relations: a search for the right to consul"; 18 Michigan Journal of International Law 565 (1997)
Quigley, John.: "Execution of foreign nationals in the U.S.: Pressure from foreign governments against the death penalty:; 4 ILSA Journal of International and Comparative Law 589 (1998)
Acker, J.: "Be Careful What You Ask For: Lessons from New York's Recent Experience with Capital Punishment," 32 Vermont Law Review 683 (2008)
ACLU, ed.: "Death Penalty Q & A"; 28 The Bill of Rights Journal 31 (1995)
Bader Aldave, Barbara, "Forward: The Future of Capital Punishment in the United States," 81 Oregon Law Review 1 (2002)
Bedau, Hugo Adam: "The death penalty in America"; 28 The Bill of Rights Journal 13 (1995)
Bienen, Leigh: "What We Write About When We Write About the Death Penalty - A Review of Recent Books and Literature on Capital Punishment"; 89 Journal of Criminal Law and Criminology 751 (1999)
Bilionis, Louis D., "The Unusualness of Capital Punishment" 26 Ohio Northern University Law Review 601 (2000)
Black, Charles L.: "The death penalty: a national question"; 18 UC Davis Law Review 867 (1985)
Blankenship, Michael: "Capital Punishment Resources on the Internet," 10 Criminal Justice Policy Review 119 (1999)
Bohm, Robert M.: "Rejoinder - qualified support for the death penalty: the illusion of hypothetical scenarios"; 6 Justice Quarterly, Academy of Criminal Sciences 197 (1989)
Brennan, Jr., William J.: "Neither victims nor executioners"; 8 Notre Dame Journal of Law, Ethics and Public Policy 1 (1994)
Costanzo, Mark and White, Lawrence T.: "An overview of the death penalty and capital trials: history, current status, legal procedures, and costs"; 50 Journal of Social Issues 1 (1994)
Crocker, Phyllis L., "Crossing the Line: Rape-Murder and the Death Penalty" 26 Ohio Northern University Law Review 689 (2000)
Demleitner, Nora V., "The Death Penalty in the United States: Following the European Lead?," 81 Oregon Law Review 131 (2002)
Dieter, Richard: "Secondary smoke surrounds the capital punishment debate"; 13 Criminal Justice Ethics 2 (1994)
Drinan, S.J., Robert F.: "Will Religious Teachings and International Law End Capital Punishment?"; 29 St. Mary's Law Journal 957 (1998)
Dubber, Markus Dirk: "The pain of punishment"; 44 Buffalo Law Review 545 (1996)
Friedrichs, David O.: "Comment - humanism and the death penalty: an alternative perspective"; 6 Justice Quarterly, Academy of Criminal Justice Sciences 211 (1989)
Gey, Steven G.: "Death is different: or how we stopped worrying and learned to love the chair"; 41 Rutgers Law Review, 451 (1988)
Greenberg, Jack: "Capital punishment as a system"; 91 Yale Law Journal 908 (1982)
Gross, Samuel R.: "The romance of revenge: capital punishment in America"; 13 Studies in Law, Politics, and Society 71 (1993)
Herbert, Bob: "The hanging tree"; 4 Georgetown Journal on Fighting Poverty 189 (1996)
Hodgkinson, Peter, "Europe- A Death Penalty Free Zone: Commentary and Critique of Abolitionist Strategies" 26 Ohio Northern University Law Review 625 (2000)
Ingle, Joseph B.: "Final hours: the execution of Velma Barfield"; 23 Loyola of Los Angeles Law Review 221 (1989)
Kannar, George: "Federalizing death"; 44 Buffalo Law Review 325 (1996)
Kreitzberg, Ellen: "Death without justice"; 35 Santa Clara Law Review 485 (1995)
Kroll, Michael A.: "Witness to an execution"; 28 The Bill of Rights Journal 5 (1995)
Lane, J. Mark and Tabak, Ronald J.: "The execution of injustice: a cost and lack-of-benefit analysis of the death penalty"; 23 Loyola of Los Angeles Law Review 59 (1989)
Little, Rory K.: "The Federal Death Penalty: History and Some Thoughts About the Department of Justice's Role," corpse"; 26 Fordham Urban Law Journal 347 (1999)
Logan, Wayne A. "William Mitchell Legal Studies Research Paper No. 12, in WOUNDS THAT DO NOT BIND: VICTIM-BASED PERSPECTIVES ON THE DEATH PENALTY," James R. Acker, David R. Karp, eds., Carolina Academic Press, 2005.
MacArthur, John R.: "The death penalty and the decline of liberalism"; 30 The John Marshall Law Review 321 (1997)
Maroney, Terry A.:"The Struggle Against Hate Crime: Movement at a Crossroads"; 73 New York University Law Review 564 (1998)
Meade, Christopher J.: "Reading death sentences: the narrative construction of capital punishment"; 71 New York University Law Review 732 (1996)
Moore, William Neal: "I shall not die, but live"; 4 Georgetown Journal on Fighting Poverty 195 (1996)
Pierce Law Review: 6 Pierce Law Review 365 (2008)
Polsby, Daniel D.: "Recontextualizing the context of the death penalty"; 44 Buffalo Law Review 527 (1996)
Prejean, Helen: "Walking on death row"; 28 The Bill of Rights Journal 9 (1995)
Radelet, Michael L. and Borg, Marian J.: "The Changing Nature of Death Penalty Debates"; 2000 Annual Review Sociology 26 (forthcoming 2000)
Radelet, Michael L. and Vandiver, Margaret: "Capital punishment in America. An annoted bibliography."; Garland Publishing, New York & London, 1988
Steiker, Carol S., "Capital Punishment and American Exceptionalism," 81 Oregon Law Review 97 (2002)
Symposium, "Wrongful Convictions: Issues of Science, Evidence, and Innocence." 70 University of Missouri - Kansas City Law Review 797 (2002)
Symposium, "Learning from the Past, Living in the Present: Understanding Homicide in Chicago, 1870-1930." 92 Journal of Criminal Law and Criminology 437 (2002)
Symposium, "Capital Punishment and the Administration of Justice," 147 Proceedings of the American Philosophical Society 1 (2003). The American Philosophical Society published text drawn from the Society's 2002 annual meeting focusing on the death penalty, with comments by Professor Emeritus James J. Megivern of the University of North Carolina in Wilmington, and attorneys Ronald Tabak, Bryan Stevenson, and Eleanor Jackson Piel.
Symposium, "Call to Action: A Moratorium on Executions," 4 New York City Law Review 117 (2002). This edition of the New York City Law Review features remarks and discussion from the American Bar Association's October 12, 2000, program at the Carter Center regarding the death penalty and the ABA's call for a moratorium on executions.
Symposium: Joseph M. Bessette, Stephen B. Bright, George H. Kendall, William J. Kunkle, Jr., Carol Steiker and Jordan Steiker: "Reflections on a quarter-century of constitutional regulation of capital punishemnt"; 30 The John Marshall Law Review 399 (1997)
Symposium: Walter Berns, Nancy Bothne, William Bowers, Richard C. Dieter, Richard D. Land, James Lund and Austin Sarat: "The death penalty: a philosophical and theological perspective"; 30 The John Marshall Law Review 463 (1997)
Symposium: Robert Blecker, Jeffrey Kirchmeier, the Honorable William Erlbaum, David Von Drehle, and Jeffrey Fagan: "Rethinking the Death Penalty: Can We Define Who Deserves Death?" - 24 Pace Law Review 107 (2003)
Symposium: Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Douglas G. Robinson, Diann Rust-Tierney, Charkes F. Shilling, Andrew L. Sonner, Ronald J. Tabak, David Von Drehle, James Wootton: "The death penalty in the 21st century"; 45 The American University Law Review 239 (1995)
Symposium: Nancy B. Mahon, John A. Beck, Robert B. Greifinger, Glenn G. Johnson, Frederick R. Parker Jr., Charles J. Paine, Felicia Cohn, Lindsay M. Hayes, and Vicki Dalton: "Death and Dying Behind Bars-- Cross-Cutting Themes and Policy Imperatives"; 27 The Journal of Law, Medicine & Ethics 213 (1999)
Symposium: Gross, Samuel R.; Little Rory K.; Rapaport, Elizabeth; Bilionis, Louis D.; Hodgkinson, Peter; Denno, Deborah W.; Crocker, Phyllis L.; Strreib, Victor L.; Anderson, Jose Felipe; "The Ultimate Penalty: A Multifarious Look at Capital Punishment." 26 Ohio Northern University Law Review 517 (2000)
Trulock, Jennifer M.: "An interview with William Neal Moore"; 4 Georgetown Journal on Fighting Poverty 191 (1996)
J. Kirchmeier, "Dead Innocent: The Death Penalty Abolitionist Search for a Wrongful Execution," 42 Tulsa Law Review 403 (2006)
Bedau, Hugo Adam and Radelet, Michael: "Miscarriages of justice in potentially capital cases"; 40 Stanford Law Review 21 (1987)
Bedau, Hugo Adam and Radelet, Michael L.: "The myth of infallibility: a reply to Markman and Cassell"; 41 Stanford Law Review 161 (1988)
Bedau, Hugo Adam and Radelet, Michael L.:"The Execution of the Innocent"; 61 Law & Contemporary Problems 105 (1998)
Berger, Vivian: "Herrera vs. Collins: the gateway of innocence for death-sentenced prisoners leads nowhere"; 35 William and Mary Law Review 943 (1994)
Bryan, Robert R.: "The execution of the innocent: the tragedy of the Hauptmann-lindbergh and Bigelow cases"; 18 New York University Review of Law and Social Change 831 (1990-1991)
"Faces of Wrongful Conviction" 37 Golden Gate Law Review 1 (2006)
Freedman, Eric M.: "Innocence, federalism, and the capital jury: two legislative proposals for evaluating post-trial evidence of innocence in death penalty cases"; 18 New York University Review of Law and Sovcial Change 315 (1990-1991)
Givelber, Daniel, "Innocence Abroad: The Extradition Cases and the Future of Capital Litigation", 81 Oregon Law Review 161 (2002)
Gross, Samuel et. al., "Exonerations in the United States, 1989 through 2003," Journal of Criminal Law and Criminology, Vol. 95, No. 2, 2005.
Gross, Samuel R.: "The risks of death: why erroneous convictions are common in capital cases"; 44 Buffalo Law Review 469 (1996)
Gross, Samuel R.: "Lost Lives: Miscarriages of Justice in Capital Cases"; 61 Law & Contemporary Problems 125 (1998)
Holmes, William, "Illegal Convictions and Sentences in Capital Punishment," 10 Criminal Justice Policy Review 103 (1999)
Koosed, Marjory, "Averting Mistaken Executions by Adopting the Model Penal Code's Exclusion of Death in the Presence of Lingering Doubt," 21 Northern Illinois University Law Review 41 (2001) - This article urges states to adopt the Model Penal Code's exclusion of the death penalty when the evidence does not foreclose all doubt of a defendant's guilt. Koosed argues that such a standard would help prevent wrongful executions and lessen burdens on the justice system. The article also considers the effects that the Supreme Court's decision in Apprendi v. New Jersey will have on capital judge-sentencing schemes.
Leo, Richard A. and Ofshe, Richard J.: "The consequence of false confessions: deprivations of liberty and miscarriages of justice in the age of psychological interrogation"; 88 The Journal of Criminal Law and Criminology, 429 (1998)
Leo, Richard A. and Drizin, Steve: "The Problem of False COnfessions in a Post-DNA World"; 82 North Carolina Law Review 891 (2004)
Leo, Richard A. and Ofshe, Richard J.: "The Truth About False Confessions and Advocacy Scholarship"; 37 Criminal Law Bulletin 293 (2001)
Lillquist, R. Erik: "Absolute Certainty and the Death Penalty"; Social Science Research Network (August 23, 2004)
Markman, Stephen J. and Cassell, Paul G.: "Protecting the innocent: a response to the Bedau-Radelet Study"; 41 Stanford Law Review 121 (1988)
Radelet, Michael et al.: "Prisoners released from death rows since 1970 because of doubts about their guilt"; 13 Thomas M. Cooley Law Review 907 (1996)
Symposium, "The Imposition of the Death Penalty Is 'Fraught With Error': Where Do We Go From Here?" 4 New York City Law Review 229 (2002). The volume contains remarks from the ABA's Annual Meeting in New York on July 10, 2000. The program addressed the potential for error in capital cases and recommended reforms to prevent wrongful convictions.
Symposium, "Wrongful Convictions" Drake Law Review, Summer 2004 (Ordering Information: 515.271.2930):
- Bedau, Hugo Adam, Michael L. Radelet, and Constance E. Putnam, "Convicting the Innocent in Capital Cases: Criteria, Evidence and Inference."
- Bernard, Adele, "Justice Still Fails: A Review of Recent Efforts to Compensate Individuals Who Have Been Unjustly Convicted and Later Exonerated."
- Drizin, Steven A. and Marissa J. Reich, "Heeding the Lessons of History: The Need for Mandatory Recording of Police Interrogations to Accurately Assess the Reliability and Voluntariness of Confessions."
- Kyle, David, "Correcting Miscarriages of Justice: The Role of the Criminal Case Review Commission."
- Levey, Dan S., "Wrongfully Convicted: A No-Win Situation for the Victim."
- Mumma, Christine C., "The North Carolina Actual Innocence Commission: Uncommon Perspectives Joined By a Common Cause."
- Rigg, Robert R., "Investigation, Discovery, and Disclosure in Criminal Cases: An Iowa Perspective."
- Sullivan, Thomas P., "Preventing Wrongful Convictions - A Current Report from Illinois."
- Wloson, Richard J., and Aaron M. London, "The Structure, Operation, and Impact of Wrongful Conviction Inquiries: The Sophonow Inquiry as an Example of the Canadian Experience."
Anderson, Jose Felipe, "When the Wall Has Fallen: Decades of Failure in the Supervision of Capital Juries" 26 Ohio Northern University Law Review 741 (2000)
Bowers, William J., et al.: "Foreclosed impartiality in capital sentencing: jurors' predispositions, guilt-trial experience, and premature decision making"; 83 Cornell Law Review 1476 (1998)
Bowers, William J.: "The capital jury project: rationale, design, and preview of early findings"; 70 Indiana Law Journal 1043 (1995)
Bowers, William J. and Steiner, Benjamin D.: "Death by Default: An Empirical Demonstration of False and Forced Choices in Capital Sentencing"; 77 Texas Law Review 605 (1999)
Costanzo, Sally et al.: "Deciding to take a life: capital juries, sentencing instructions, and the jurisprudence of death"; 50 Journal of Social Issues 149 (1994)
Dayan, Marshall et al.: "Searching for an impartial sentencer through jury selection in capital trials"; 23 Loyola of los Angeles Law Review 151 (1989)
Eisenbert, Theodore et al.: "But was he sorry? The role of remorse in capital sentencing"; 83 Cornell Law Review 1599 (1998)
Eisenberg, Theodore et al.: "Jury responsibility in capital sentencing: an empirical study"; 44 Buffalo Law Review 339 (1996)
Haney, Craig: "Violence and the Capital Jury: Mechanisms of Moral Disingagement and the Impulse to Condemn to Death"; 49 Stanford Law Review 1447 (1997)
Hoffmann, Joseph L.: "The executioners sing"; 28 The Bill of Rights Journal 19 (1995)
Logan, Wayne: "Confronting Evil: Victim's Rights in the Age of Terror"; 96 Georgetown Law Journal 71 (2008)
Marquart, James W. et al.: "Gazing into the crystal ball: can jurors accurately predict dangerousness in capital cases?"; 23 Law&Society Review 449 (1989)
Paduano, Anthony and Smith, Clive A. Stafford: "Deathly errors: jurors misperceptions concerning parole in the imposition of the death penalty"; 18 Columbia Human Rights Law Review 211 (1987)
Perlin, Michael L.: "The sanist lives of jurors in death penalty cases: the puzzling role of "mitigating" mental disability evidence"; 8 Notre Dame Journal of Law, Ethics and Public Policy, 239 (1994)
Sundby, Scott E.,: "The capital jury and absolution: the intersection of trial strategy, remorse, and the death penalty"; 83 Cornell Law Review 1557 (1998)
Wisenberg, Theodore, et al., "Forecasting Life and Death: Juror Race, Religion, and Attitude Toward the Death Penalty" 30 Journal of Legal Studies 277 (2001)
Lillquist, R. Erik: "Absolute Certainty and the Death Penalty"; Social Science Research Network (August 23, 2004)
William J. Bowers and Wanda D. Foglia, "Still Singularly Agonizing: Law's Failure to Purge Arbitrariness from Capital Sentencing," 39 Criminal Law Bulletin 51 (2003)) - This law review article is based on the Capital Jury Project's research with those who have served as jurors in death penalty cases. Despite judicial reforms inspired by Furman v. Georgia and approved in Gregg v. Georgia, jurors are deciding who deserves the death penalty in violation of the ways the Supreme Court has held are Constitutionally required. The Capital Jury Project studied more than 1,200 jurors from 14 states. Other findings from the Capital Jury Project can be found at www.cjp.neu.edu. This list is periodically updated and includes the full text of some articles.
Hamm, Mark S.: " Legislator ideology and capital punishment: the special case for the Indiana juveniles"; 6 Justice Quarterly, Academy of Criminal Justice Sciences 219 (1989)
Steiker, Carik and Steiker,Jordan: "Defending Categorical Exemptions to the Death Penalty: Reflections on the ABA's Resolutions Concerning the Execution of Juveniles and Persons with Mental Retardation"; 61 Law & Contemporary Problems 89 (1998)
Strreib, Victor L., "Emerging Issues in Juvenile Death Penalty Law" 26 Ohio Northern University Law Review 725 (2000)
Streib, Victor L.: "Moratorium on the Death Penalty for Juveniles"; 61 Law & Contemporary Problems 55 (1998)
Billotte, Jamie Marie: "Is it justified? - The death penalty and mental retardation"; 8 Notre Dame Journal of Law, Ethics and Public Policy 333 (1994)
Blume, J., "Killing the Willing: 'Volunteers,' Suicide and Competency," 103 Michigan Law Review 939 (2005).
Crocker, Phyllis L.: "Concepts of culpability and deathworthiness: differentiating between guilt and punishment in death penalty cases"; 66 Fordham Law Review 21 (1997)
Gilreath, Shannon D., "Cruel and Unusual Punishment and the Eighth Amendment as a Mandate for Human Dignity: Another Look at Original Intent" (Jun 06, 2003). Thomas Jefferson Law Review, Spring 2003
Keyes, Denis W. et al.: "Mitigating mental retardation in capital cases: finding the "invisible" defendant"; 22 Mental and Physical Disabilities Law Reporter 529 (1998)
Steiker, Carik and Steiker,Jordan: "Defending Categorical Exemptions to the Death Penalty: Reflections on the ABA's Resolutions Concerning the Execution of Juveniles and Persons with Mental Retardation"; 61 Law & Contemporary Problems 89 (1998).
Winick, Bruce:"The Supreme Court's Emerging Death Penalty Jurisprudence: Severe Mental Illness as the Next Frontier," #2008-31, Social Science Research Network Electronic Paper Collection
Denno, Deborah W.: "When Legislatures Delegate Death: The Troubling Paradox Behind State Uses of Electrocution and Lethal Injection and What it Says About Us," 63 Ohio State Law 63 (2002) Discusses the motivations and problems behind legislative changes from one method of execution to another. The article also examines the constitutionality of these execution methods and presents a study of states' execution protocols.
Denno, Deborah W., "Adieu to Electrocution" 26 Ohio Northern University Law Review 665 (2000)
Denno, Deborah W.: "Getting to death: Are executions constitutional?"; 82 Iowa Law Review 319 (1997)
Harding, Roberta M.: "The gallows to the gurney: analyzing the (un)constitutionality of the methods of execution"; 6 The Boston University Public Interest Law Journal 153 (1996)
"Symposium: The Lethal Injection Debate: Law and Science," 35 Fordham Urban Law Journal 701 (2008)
Crocker, Phyllis L.: "Childhood Abuse and Adult Murder: Implications for the Death Penalty"; 77 North Carolina Law Review 1145 (1999)
Haney, Craig: "The social context of capital murder: social histories and the logic of mitigation"; 35 Santa Clara Law Review 547 (1995)
King, Rachel and Norgard, Katherine: "What About Our Families? Using the Impact on Death Row Defendants' Family Members as a Mitigating Factor in Death Penalty Sentencing Hearings"; 26 Florida State University Law Review 1120 (1999)
Bohm, Robert M.: "Humanism and the death penalty, with special emphasis on the post-Furman experience"; 6 Justice Quarterly, Academy of Criminal Justice Sciences 173 (1989)
Bright, Stephen B.: "The electric chair and the chain gang: choices and challenges for America's future"; 71 Notre Dame Law Review 845 (1996)
Dieter, Richard C.: "Ethical choices for attorneys whose clients elect execution"; 3 The Georgetown Journal of Legal Ethics 799 (1990)
Freedman, Alfred M. and Halpern, Abraham L.: "The erosion of ethics and morality in medicine: physician participation in legal executions in the United States"; 41 New York Law School Law Review 169 (1996)
Lamont, Corliss: "Yes to life"; 28 The Bill of Rights Journal 35 (1995)
Symposium: Robert Blecker, Jeffrey Kirchmeier, the Honorable William Erlbaum, David Von Drehle, and Jeffrey Fagan: "Rethinking the Death Penalty: Can We Define Who Deserves Death?" - 24 Pace Law Review 107 (2003)
Anaya, Toney: " Statement by [former governor] Toney Anaya on capital punishment"; 27 University of Richmond Law Review 177 (1993)
Bowers, William J., et al.: "A new look at public opinion on capital punishment: what citizens and legislators prefer"; 22 American Journal of Criminal Law 77 (1994)
Bradford, David J.: "Judge Rubin and the death penalty: legacy unaccomplished"; 52 Louisiana Law Review 1441 (1992)
Cook, Nancy: "The sort of thing"; 14 Harvard Women's Law Journal 335 (1991)
Ellsworth, Phoebe C. and Gross, Samuel R.: "Hardening of attitudes: Americans' views on the death penalty"; 50 Journal of Social Issues 19 (1994)
Felton, Norman: "A parent says no to revenge"; 28 The Bill of Rights Journal 3 (1995)
Gross, Samuel R.: "Update: American public opinion on the death penalty-it's getting personal"; 83 Cornell Law Review 1448 (1998)
Kirchmeier, Jeffrey L., "Another Place Beyond Here: The Death Penalty Moratorium Movement in the United States," 73 Univ. Colorado Law Rev. 1 (2002). (The author explores the history of the death penalty in the U.S. and the moratorium movement that has resulted from growing concerns about the way the death penalty is applied.)
McCann, E. Michael: "Opposing capital punishment: a prosecutor's perspective"; 79 Marquette Law Review 649 (1996)
Tabak, Ronald J.: "Finality Without Fairness: Why We are Moving Towards Moratoria on Executions, and the Potential Abolition of Capital Punishment" 3 Connecticut Law Review 733 (2001). This law review article addresses the effect that DNA testing has had on public opinion about the death penalty, and how public opinion will likely impact judges, prosecutors and legislators in dealing with capital cases. In this same issue are articles on the death penalty by other notable authors.
"Governor Ryan's Capital Punishment Moratorium and the Executioner's Confession: Views from the Governor's Mansion to Death Row," 75 St. John's Law Rev. 401 (2001) (The article examines capital punishment from a variety of viewpoints. Among those featured in the discussion are Governor George Ryan of Illinois, Pulitzer-Prize winning New York Times writer Jim Dwyer, and former Mississippi prison warden Donald Cabana).
Blume, John and Eisenberg, Theodore: "Judicial politics, death penalty appeals, and case selection: An empirical study"; 72 Southern California Law Review 465 (1999)
Bresler, Kenneth: "Seeking justice, seeking election, and seeking the death penalty: the ethics of prosecutoral candidates' campaining on capital convictions"; 7 The Georgetown Journal of Legal Ethics 941 (1994)
Bright, Stephen B.: "The politics of crime and the death penalty: not "soft on crime" but hard on the Bill of Rights"; 39 Saint Louis University Law Journal 479 (1995)
Bright, Stephen B.: "Political attacks on the judiciary: Can justice be done amid efforts to intimidate and remove judges from office for unpopular decisions?"; 72 New York University Law Review 308 (1997)
Bright, Stephen B. and Keenan, Patrick J.: "Judges and the politics of death: deciding between the Bill of Rights and the next election in capital cases"; 75 Boston University Law Review 759 (1995)
Cuomo, Mario M.: "Some thoughts on judicial independence"; 72 New York University Law Review 298 (1997)
Davidow, Robert P.: "Federal habeas corpus: the effect of holding state capital trials collateral proceedings before a judge running for re-election"; 8 Notre Dame Journal of Law, Ethics and Public Policy 317 (1994)
Jeffrey Kubik and John Moran: "Lethal Elections: Gubernatorial Politics and the Timing of Executions"; (46 Journal of Law and Economics 1 (2003))
Symposium: Panelists Stephen B. Bright, Charles F. Baird, Penny J. White, George H. Kendall, Stephen F. Hanlon, and Charles J. Ogletree, Jr. discussed how due process in capital cases is adversely affected by political attacks on the judiciary in "Breaking the Most Vulnerable Branch: Do Rising Threats to Judicial Independence Preclude Due Process in Capital Cases?" (31 Columbia Human Rights Law Review 123 (1999))
Tabak, Ronald J.: "How empirical studies can affect positively the politics of the death penalty"; 83 Cornell Law Review 6 (1998)
Tabak, Ronald J., ed.: "Politics and the death penalty: Can rational discourse and due process survive the perceived political pressure?"; Panel members: James E. Coleman, Hon. James G. Exum, Jr., Nat Hentoff, Hon. Susan John, Hon. Ernest Preate, Jr., Norman Redlich, Bryan Stevenson, Shabaka Sundiata Waglini; 21 Fordham Urban Law Journal 239 (1994)
Tigar, Michael E.: "Judges, lawyers and the penalty of death"; 23 Loyola of Los Angeles Law Review 147 (1989)
Uelmen, Gerald F.: "Review of death penalty judgments by the Supreme Courts of California: A Tale of Two Courts"; 23 Loyola of Los Angeles Law Review 237 (1989)
Platt, Kieran James: "Precious Lives: Who Lives and Who Dies in America's Contemporary Capital Punishment Complex"; SSRN 2035809 (2012) Addresses arbitrary and discriminatory application of the death penalty against racial minorities and the poor.
Race and Policing 6 Criminology & Public Policy 1 (February 2007)
Baldus, David et al.:"In the post-Furman era: an empirical and legal overview, with recent findings from Philadelphia" 83 Cornell Law Review 1638 (1998)
Baldus, David et al.: "Reflections on the "inevitability" of racial discrimination in capital sentencing and the "impossibility" of its prevention, detection, and correction"; 51 Washington and Lee Law Review 357 (1994)
Baldus, David et al.: "Arbitrariness and discrimination in the administration of the death penalty: a challenge to state supreme courts"; 15 Stetson Law Review 133 (1986)
Blume, John H. et al.: "Post-McClesky racial discrimination claims in capital cases"; 83 Cornell Law Review 1771 (1998)
Bright, Stephen B.: "Discrimination, death and denial: the tolerance of racial discrimination in infliction of the death penalty"; 35 Santa Clara Law Review 433 (1995)
Chemerinsky, Erwin: "Eliminating discrimination in administering the death penalty: the need for the Racial Justice Act"; 35 Santa Clara Law Review 519 (1995)
Johnson, James H. et al.: "African American males and capital murder: a death penalty mitigation strategy"; 18 Urban Geography 403 (1997)
Liptak, A: "A New Look at Race When Death is Sought"
McAdams,John C.: "Racial Disparity and the Death Penalty"; 61 Law & Contemporary Problems 153 (1998)
Ogletree, Charles J. Jr., "Black Man's Burden: Race and the Death Penalty in America?," 81 Oregon Law Review 15 (2002)
Phillips, Scott: "Racial Disparities in the Capital of Capital Punishment," 45 Houston Law Review 807 (2008)
Pierce, Glenn L. and Radelet, Michael L., "Race, Region, and Death Sentencing in Illinois, 1988-1997," 81 Oregon Law Review 39 (2002). Features research completed for the Illinois Commission on Capital Punishment. Authors conclude that particularly race of the victim plays a significant role in who is sentenced to death in Illinois.
Pierce, G. and M. Radelet, "The Impact of Legally Inappropriate Factors on Death Sentencing for California Homicides, 1990-1999," 46 Santa Clara Law Review.
Pokorak, Jeffrey J.:"Probing the capital prosecutor's perspective: race of the discretionary actors" 83 Cornell Law Review 1811 (1998)
Radelet, Michael, et. al., 7 Univ. of Colorado Law Review 549 (2006).
SYMPOSIUM: "Race to Execution," includes presentations and articles from the two-day seminar on how Race has played a role in the death penalty debate. Panelists included Governor George Ryan, EJI Director Bryan Stevenson, researcher David Baldus, and federal death penalty attorney Kevin McNally. (53 DePaul Law Review 1401 (2004))
Tabak, Ronald J.: "Is racism irrelevant? Or should the fairness in death sentencing act be enacted to substantially diminish racial discrimination in capital sentencing?"; 18 New York University Review of Law and Social Change 777 (1990-1991)
Berg, Thomas, "Religious Conservatives and the Death Penalty" 9 William and Mary Bill of Rights Journal, Dec. 2000, (University of St. Thomas)
"Catholics and the Death Penalty: Lawyers, Jurors & Judges." (Symposium, 44 Journal of Catholic Legal Studies 277 (2005)
Megivern, James J., "Judge Noonan, Church, Change and the Death Penalty," 1 University of St. Thomas Law Journal 274 (2003)
Acker, James R. and Lanier, Charles S.:"Ready for the Defense? Legislative Provisions Governing the Appointment of Counsel in Capital Cases"; 35 Criminal Law Bulletin 429 (1999)
American Bar Association, "Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases"; 31 Hofstra Law Review 903 (2003)
Bright, Stephen B.: "Counsel for the poor: the death sentence not for the worst crime but for the worst lawyer"; 103 The Yale Law Journal 1835 (1994)
Bright, Stephen B.: "Death by lottery - procedural bar of constitutional claims in capital cases due to the inadequate representation of indigent defendants"; 92 West Virginia Law Review 679 (1990)
Bright, Stephen B. "Elected Judges and the Death Penalty in Texas: Why Full Habeas Corpus Review by Independent Federal Judges Is Indispensable to Protecting Constitutional Rights;" 73 Texas Law Review 1805 (2000))
Bright, Stephen B.: "In defense of life: Enforcing the Bill of Rights on behalf of poor, minority and disadvantaged persons facing the death penalty"; 57 Missouri Law Review 849 (1992)
Costanzo, Mark and Peterson, Julie: "Attorney persuasion in the capital penalty phase: a content analysis of closing arguments"; 50 Journal of Social Issues 125 (1994)
Cohen, Douglas M. and Lardent, Esther F.: "The last best hope: representing death row inmates"; 23 Loyola of Los Angeles Law Review 213 (1989)
Crocker, Phyllis L.: "Feminism and Defending Men on Death Row"; 29 St. Mary's Law Journal 4 (1998).
Drinan,C.: "The Revitalization of Ake: A Capital Defendant's Right to Expert Assistance," 60 Oklahoma Law Review, Summer 2007, 2.
Geimer, William S.: "A decade of Strickland's Tin Horn: doctrinal and practical undermining of the right to counsel"; 4 William and Mary Bill of Rights Journal 91 (1995)
Howard Jr., Roscoe C.: "The defunding of the post conviction defense organizations as a denial of the right to counsel"; 98 West Virginia Law Review 864 (1996)
McConville, Celestine Richards: "The Meaninglessness of Delayed Appointments and Discretionary Grants of Capital Postconviction Counsel," 42 Tulsa Law Review 253 (2006).
McConville, Celestine Richards: "The Right to Effective Assistance of Capital Postconviction Counsel: Constitutional Implications of Statutory Grants of Capital Counsel"; 2003 Wisconsin Law Review 31 (2003).
Mello, Michael: "Death and his lawyers: why Joseph Spaziano owes his life to the Miami Herald - and not to any defense lawyer or judge"; 20 Vermont Law Review 19 (1995)
Redick, W., MacLean, B., Truett, M.: "Pretend Justice--Defense Representation in Tennessee Death Penalty Cases," 38 University of Memphis Law Review 303 ( 2008)
STATE BAR OF TEXAS: GUIDELINES AND STANDARDS FOR TEXAS CAPITAL COUNSEL: STANDING COMMITTEE ON LEGAL SERVICES TO THE POOR IN CRIMINAL MATTERS ADOPTED BY THE STATE BAR BOARD OF DIRECTORS APRIL 21, 2006, 69 Tex. B. J. 966 (2006).
Tabak, Ronald J., ed.: "The death of fairness? Counsel competency and due process in death penalty cases"; Panel members: Stephen B. Bright, Talbot "Sandy" D'Alemberte, David R. Dow, Arthur "Cappy" Eads, Elaine R. Jones, Anthony Lewis, Hon. Ernest D. Preate, Jr., Sister Helen Prejean C.S.J., Clive A. Stafford Smith, Ronald J. Tabak, Michael E. Tigar; 31 Houston Law Review 1105 (1994)
R. Tabak, "The Private Bar's Efforts to Secure Proper Representation for Those Facing Execution,"29 Justice System Journal 356 (2008)
Vick, Douglas W.: "Poorhouse justice: underfunded indigent defense services and arbitrary death sentences"; 43 Buffalo Law Review 329 (1995)
Weisberg, Robert: "Who defends capital defendants?"; 35 Santa Clara Law Review 535 (1995)
Bienen, Leigh B.: "The proportionality review of capital cases by state high courts after Gregg: only the "appearance of justice"?"; 87 The Journal of Criminal Law and Criminology 130 (1996)
Bright, Stephen B.: "Is fairness irrelevant? The evisceration of federal habeas corpus review and limits on the ability of state courts to protect fundamental rights"; 54 Washington and Lee Law Review 1 (1997)
Bright, Stephen B. "Elected Judges and the Death Penalty in Texas: Why Full Habeas Corpus Review by Independent Federal Judges Is Indispensable to Protecting Constitutional Rights;" 73 Texas Law Review __ (2000))
Driggs, Ken.: "'The Most Aggravated and Least Mitigated Murders': Capital Proportionality Review in Florida"; 11 St. Thomas Law Review 207 (1999)
Hartman, Marshall and Nyden, Jeanette: "Habeas corpus and the new federalism after the Anti-Terrorism and Effective Death Penalty Act of 1996"; 30 The John Marshall LawReview 337 (1997)
Hartman, Rhonda G.: "Critiquing Pennsylvania's comparative proportionality review in capital cases"; 52 University of Pittsburgh Law Review 871 (1991)
Mello, Michael: "Rough justice: reflections on the capital habeas corpus (anti)jurisprudence of judge Robert S. Vance"; 42 Alabama Law Review 1197 (1991)
Sorensen, Jonathan R. and Wallace, Donald, H.: "Missouri proportionality review: an assessment of a state supreme court's procedures in capital cases"; 8 Notre Dame Journal of Law, Ethics and Public Policy 281 (1994)
Thibodeau, Renee: "Efficiency vs. Justice: Giarratano and the Capital petitioner's right to a "meaningful" postconviction process"; 8 Notre Dame Journal of Law, Ethics and Public Policy 317 (1994)
Acker, James R.: "When the cheering stopped: an overview and analysis of New York's death penalty legislation"; 17 Pace Law Review 41 (1996)
Bienen, Leigh B. et al.: "The reimposition of capital punishemnt in New Jersey: the role of prosecutorial discretion"; 41 Rutgers Law Review 27 (1988)
Bienen, Leigh B.: "The Quality of Justice in Capital Cases: Illinois as a Case Study"; 61 Law & Contemporary Problems 193 (1998)
Bright, Stephen B. "Elected Judges and the Death Penalty in Texas: Why Full Habeas Corpus Review by Independent Federal Judges Is Indispensable to Protecting Constitutional Rights;" 73 Texas Law Review __ (2000))
Driggs, Ken: "A current of electricity sufficient in intensity to cause immediate death: a pre-Furman history of Florida's electric chair"; 22 Stetson Law Review 1169 (1993)
Greene, Norman L., "The Condemned, the Tinkerers and the Machinery of Death: Capital Punishment in New York Before 1965," 38 Criminal Law Bulletin 510, (2002).
The piece represents an oral history of the period of active executions in New York by those who were in pivotal positions, including prosecutors, defense counsel, and associates of Governor Rockefeller (with an introductory article by James Acker).
Koosed, Margery Malkin: "Some perspectives on the possible impact of diminished federal review of Ohio's death sentences"; 19 Capital University Law Review 695 (1990)
Lanier, Charles S. "The Death Penalty in the Northeast," 10 Criminal Justice Policy Review 7 (1999)
Ledewitz, Bruce: "Sources of injustice in death penalty practice: the Pennsylvania experience"; 95 Dickinson Law Review 652 (1991)
MacFarlane, Walter A.: "The clemency process in Virginia"; 27 University of Richmond Law Review 241 (1993)
Mears, Mike and Driggs, Ken, "Georgia Death Penalty Law" 52 Mercer Law Review 29 (2000) - Covers recent death penalty decisions from the Georgia Supreme Court, and examines direct appeal decisions directly affecting death penalty cases. The article discusses jury selection, guilt and sentencing trials, preservation of error, state habeas corpus, and the Georgia electric chair.
An update on the status of death penalty law in Georgia since the May 2000 article is available at 53 Mercer Law Review 233 (2001).
Medlin, Nell Joslin and Mello, Michael: "Espinosa vs. Florida: Constitutional hurricane, lambent breeze, or idiot wind?"; 22 Stetson Law Review 909 (1993)
Mello, Michael: "The jurisdiction to do justice: Florida's jury override and the state constitution"; 18 Florida State University Law Review 923 (1991)
Pierce, Glenn L. and Radelet, Michael L., "Race, Religion, and Death Sentencing in Illinois," 1988-1997, 81 Oregon Law Review 39 (2002)
Schoenberg, Jason, "Making the Constitutional Cut: Evaluating New York's death penalty statute in light of the Supreme Court's capital punishment mandates," 8 Journal of Law and Policy 337
Tabak, Ronald J., ed.: "Are executions in New York inevitable?"; Panel members: Cessie Alfonso, Dean John D. Feerick, Lee Grant, George H. Kendall, Thomas McDermott, Archibald Murray, His Eminence John Cardinal O'Connor, Barbara Paul Robinson; 22 Fordham Urban Law Journal 557 (1995)
Vandiver, Margaret: "The quality of mercy: race and clemency in Florida death penalty cases"; 27 University of Richmond Law Review 315 (1993)
Weisberg, Robert: "The New York Statute as cultural document: seeking the morally optimal death penalty"; 44 Buffalo Law Review 283 (1996)
Zimring, Franklin E.: "The wages of ambivalence: on the context and prospects of New York's death penalty"; 44 Buffalo Law Review 303 (1996)
Bigel, Alan I.: "Justices William J. Brennan, Jr. and Thurgood Marshall on Capital Punishment: its constitutionality, morality, deterrent effect, and interpretation by the court"; 8 Notre Dame Journal of Law, Ethics and Public Policy 11 (1994)
Blackmun, Harry A.: "A dissenting voice"; 28 The Bill of Rights Journal 23 (1995)
Casper, Jonathan D. and Diamond, Shari Seidman: "Empirical evidence and the death penalty: past and future"; 50 Journal of Social Issues 177 (1994)
Crocker, Phillys L., "Not to Decide is to Decide: The U.S. Supreme Court's Thirty-Year Struggle with One Case About Competency to Waive Death Penalty Appeals," 49 Wayne Law Review 885 (2004).
Mello, Michael: "Adhering to our views: Brennan and Marshall and the relentless dissent to death as a punishment"; 22 Florida State University Law Review 592 (1995)
Tabak, Ronald J.: "Justice Brennan and the death penalty"; 11 Pace Law Review 473 (1991)
Donohue, Laura K., "Bias, National Security and Military Tribunals" (reaction essay) 3 Criminology and Public Policy 339 (2002).
Ostrom, Brian J., et at. "The Prosecution and Punishment of Intentional Terrorists in Federal Courts: 1980-1998" 3 Criminology and Public Policy 311 (2002).
Turk, Austin T., "Confronting Enemies Foreign and Domestic: An American Dilemma?" (reaction essay) 3 Criminology and Public Policy 345 (2002).
Symposium, "Capital Punishment in the Age of Terrorism" 41 The Catholic Lawyer 187 (2001). The text from a symposium sponsored by the Association of the Bar of the City of New York features leading death penalty experts closely examining how governments respond to national crimes, such as the terrorist attacks on the World Trade Center and the Pentagon, that trigger factors that are not present in ordinary first-degree murder cases.
Baker, David V.: "A Descriptive Profile and Socio-Historical Analysis of Female Executions in the United States: 1632-1997"; 10(3) Women and Criminal Justice 57 (1999)
Crocker, Phyllis, "Is the Death Penalty Good for Women," 4 Buffalo Criminal Law Review 917 (2001) - This article examines gender and race issues in rape-murder death penalty cases.
Howarth, Joan W.,"Executing White Masculinities: Learning from Karla Faye Tucker," 81 Oregon Law Review 183 (2002)
Rapaport, Elizabeth, "Staying Alive: Executive Clemency, Equal Protection, and the Politics of Gender in Women's Capital Cases" 4 Buffalo Criminal Law Review 967 (2001) - This article considers how clemency decisions are made with regard to women, and whether or not gender issues affect those decisions.
Rapaport, Elizabeth, "Equality of the Damned: The Execution of Women on the Cusp of the 21st Century" 26 Ohio Northern University Law Review 581 (2000)
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text: Hi, I upgraded ispconfig to version 3.0.5 and I had some problems. I'm running on Centos 5. First I had to change /var/www/php-fcgi-scripts/ispconfig/.php-fcgi-starter the exec part to " exec /usr/bin/php-cgi -d magic_quotes_gpc=off Ok fine I get an admin page again but when I tried to login it rejects my password. Euhm...? Oke fine I click on Password Lost... I have to fill in a email adres and login. Oke the login is admin but I don't remember the email address. Is there a place in the database where I can look it up? Never filled the e-mail for a account... What is a way to fix this?

subset: commoncrawl


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Leah didn't know how healing cutting you hair could be.
1. Chapter 1
Rating 5/5 Word Count 526 Review this Chapter
Ever since I was small, my hair has been my defining feature, the thing I rested my beauty on. While all the other little girls on the reservation wore their hair up in braids or pigtails, mine fell in thick waves to my waist.
When I hit my teens, I began using all types of shampoos, conditioners, and gels to enhance it. My father made jokes about how much time I spent in the bathroom, and my brother complained. My hair set me apart from all the other girls.
So what the hell was I doing in here in this tiny bathroom, a small pair of scissors in my hand? All Sam's fault, I thought grimly.
He had loved my hair. I could dimly remember the feel of his fingers, winding themselves in it. Whenever I had joked about cutting it all of, he had looked horrified, told me I never could.
What I was doing here was more than just a hair trim. It was, in a strange way, ridding myself of him. Sam had liked it, so it had to go. I wanted all physical evidence of our time together gone.
I sighed. If I didn't do it now, I would lose my nerve. Slowly, the scissors came up and I cut a tiny piece. I squeaked, shocked as I watched it float slowly to rest on the floor.
Sam isn't here, you coward. He left. And anyway, its just hair. It'll grow. I told myself this firmly as the scissors went up and began to snip, snip, snip, cutting away quickly. My beautiful hair fell to the floor in thick chunks, settling around my feet.
Son enough it was all over. Tentatively, my finger found the back of my neck. It was bare.
That's when I lost it, months of pent up sobs escaping my aching throat. I curled up on the ugly green tile of the bathroom, putting my fist in my mouth to keep from screaming. I don't know how much time passed, only remembering the tile feeling refreshingly cool against my fevered skin.
I rose shakily from the floor, feeling sick as I turned to look in the mirror. I was prepared for what I was going to see but still let out a small gasp. My gorgeous hair, my pride, was all gone. It came only to my ears, cut hastily, the ends ragged.
I smiled bitterly, triumphant. 'See Sam? All gone!" No man could twine his fingers through it now!
The smile faded from my face. There was no real victory in it, only an acute sense of loss. I was still alone, still broken. It had been silly to think that chopping off all my hair could remedy that, make the memories disappear.
The worst part was that no matter how hard I tried, I could not bri9ng myself to hate Sam. Or Emily. The hate was more for myself, whatever part of me that lacked the mystical connection that Sam and Emily did. And anyways, you couldn't hate the thing you loved most, could you?
I knelt on the floor gathering the pieces of my hair and my life; dusting the strands and my memories into the trash.
- Author
- haileynicole
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text:
Q: Can you give me any tips on how to draw/color,paint/whatever better?
A: The quick and easy answer is that there aren't any secrets to being able to draw well. I know it's not what people want to hear and everyone is looking for a magic trick that will instantly make them a better artist. The truth is that I have dedicated 1000s of hours to art in an effort to get better. I attended figure drawing classes, went to conventions and spent hours talking to other artists, and spent nearly every dime I had on books and art supplies. I lived it and breathed it. When you were out on a date or playing video games or seeing movies I was probably home drawing. It's about dedication and time spent drawing. Anyone that tells you any different is selling you snake oil.
Q: Could you do an interview for my site/blog/podcast?
A: yes and no. I like doing interviews and podcasts whenever possible but a lot of times the questions cover things I've answered in 100 other interviews and are easily found online. Add that to the fact that I don't really like talking about myself that much and would rather talk about comics or art or technique. Discussing things like how I started drawing or what my influences are are kinda stayed questions. If you want to have a discussion then by all means, please drop me a line but let's work on making it entertaining and/or a fresh exchange of ideas. It'll be more fun for you and your readers/listeners. Which brings us to our next question.....
Q: How did you get started drawing comics?(and) How did you break into Marvel?
A: I started drawing comics the same way you probably started. I started buying comics at around 11 yrs old and would copy the drawings in my notebooks. I did this for years and was talking normal drawing classes as well in painting, drawing, and sculpture. I just kept drawing until I didn't have to copy out of a comic anymore and could draw from my imagination(around 15yrs old). I still sucked but I was getting better slowly and steadily. I broke into Marvel by going to as many comic conventions as I could all over the country and talking to artists and editors. Anyone that was willing to look at my portfolio and give me some drawing advice. Eventually I got some very small press work with an indie publisher. I got a mere $10 a page but it gave me a published comic to show editors. I kept taking any job I could find and moved up to bigger and bigger companies until I got noticed by Erik Ko at UDON Entertainment. They were doing work for Marvel on their Deadpool comics. I joined UDON and Erik showed my work to Marvel who then offered me some small gigs with very tight deadlines. it was trial by fire and I guess I did okay because this year marks my 11th year with them. Bottomline- I had a fire in my belly and I was going to draw comics professionally or I was going to die. Simple as that.
Q: Can you look at my portfolio and give me a critique?
A: I used to do this online all the time but have stopped over the last couple of years. The reason for this is because I feel a critique is a give and take situation and I like to interact with the person I am critiquing. If I am simply typing a message or e-mail there's back and forth. The other reason is because I don't know how the review is going to be received. There have been more than a few times that I took a long time to type out a very detailed critique only to have the person reply back saying something like "You don't know what you're talking about" or "You just don't understand MY art". It makes the whole exercise feel like a waste of time. Not everyone is like this of course but all it takes is a few to ruin it for everyone. I do, however, do portfolio critiques at every convention i go to so, if you see me, feel free to ask and I'll give you 10-15 minutes to talk about your art. I don't, by any means, consider myself an expert but I can give you an honest opinion in hopes that it might help you a little bit.
Q: Would you draw my character?(this is usually a fan request and not a paying client)
A: I'm really sorry but there just aren't enough hours in the day to be able to draw your character and still meet my deadlines and have family time. Add to the fact that, if I do find myself with a few hours to draw for myself, I'm going to probably draw something I want to draw for myself. But I encourage you to pick up a pencil and give it a whirl yourself. There's nothing quite a fulfilling as dreaming up a character and seeing it come to life by your own hand.
Q: Can we do an art exchange?
A: See previous question=-)
Q: Can you design my tattoo for me?
A: erp, wow, nope!-HAHA! I really don't feel comfortable designing something that's going to be on your body for the rest of your life. Maybe you'll love it forever but maybe you'll hate it as well and I don't want to be responsible for that. also charge for stuff like this so you're probably not going to want to pay for a very expensive tattoo AND pay for an illustrator to draw it in the first place. if you want to use an existing piece of work that I've already done for a tattoo then please feel free! You don't even have to ask permission, just send me a picture of it when it's done. I love seeing stuff like that!
Q: I run a website that makes t-shirts/tubes/skateboard decks/*insert merch here* and I would love to use some of your artwork on my merch! Can I?
A: Unfortunately no. Most if not all my artwork on DA was done for clients and is of copyrighted and/or trademarked characters that I don't own so I can't give permission to use it on unauthorized merchandise. Additionally, if I find artwork of mine being used for posters or t-shirts or anywhere where the user is profiting from it's use, I will have to send a notice to the original copyright holder. I know it makes me sound like an asshole and I'm sorry about that but my artwork is how I make a living and feed and cloth my child so I have to protect it. Hopefully most people understand.
Q:I wrote a comic, can you draw it? I can't pay you but I will give you credit and/or a percentage of sales if it's ever published!
Ah boy, here we go. The short answer is no but I want to expound on this a bit. I'm going to do my best not to sound like an asshole but I feel it's important to be honest on this topic. Fist off, I am contracted with Marvel so I'm not allowed to do any other comic work outside Marvel. That being said, I still most likely won't be doing your comic because I am a professional illustrator who counts of a client paying me to make a living. Spec work, especially something as huge and time consuming as drawing a full comic, just isn't a smart thing for me to do when it comes to supporting my family. Couple that with the fact that getting a comic published in this economic climate is extremely difficult. Even if you can manage to get it published through a publisher like Image or Boom, you'd have to sell around 7000 copies before you saw a dime of profit and selling 7000 copies of anything that doesn't have Spider-man in it is no easy feat. Even if you split the profits with me 50/50 it's still 50% of 0$. May I offer the suggestion of at least paying SOMETHING. Even upping your page rate from 0$ to 20$ is going to expand your talent pool immensely. No, I still can't do your book but you will get a much more skilled artists that you would at 0$. But remember, you get what you pay for. You're still going to get an ameteur or hobbyist and not a professional or seasoned veteran but at least they should be somewhat competent or at least hungry to get some work out there.
But you say "I can't afford to pay $20 a page!", right? Well, I beg to differ. A normal comic is around 20 pages. at $20 a page that comes to $400. Even a person working flipping burgers can save up that much money within a certain amount of time. Take a year and sock away a few dollars whenever you can and you will eventually have the $400 to hire an artist. yes, you may have to sacrifice going to the movies a few times or not ordering that appetizer at dinner or buying that new pair of kicks but it can be done. And let's face it, if you don't want to make the sacrifices it takes to hire an artist that's capable, what does it say about the faith you have in your story? I certainly wouldn't want to work for a writer that doesn't have the faith is his own work to save up $400 and neither would most other artists. But hey, I ADORE indy books and think they are the bread and butter of our industry so I truly wish you luck and hope I see your book on the stands soon!
Q: I'm looking for an artist for a video game/comic book/website/*insert project here*. I'm a paying client!
A: Awesome, thanks for your interest! I'm always looking for fun opportunities to work for new clients. But 9 times out of 10 the people e-mailing me are shocked when I tell them my rate based on the description of the project so I find I don't reply to a lot of these messages based on a little research. Does the client have a professional website? Do I have artist friends that have worked for them before or at least heard of them? Do they have a list of clients or projects that I have at least heard of? It all ends up saving the client and myself a lot of headache. The best thing I can suggest is to click this link and read through the standards for paying illustrators. It's a quick reference giude and will save you a ton of trouble: whatafool.deviantart.com/art/P… Not only does it break down the rates by illustrator and experience, it breaks it down by the project type. I find these rates to be pretty on pare with national standards.
Q: Are you open for commissions?
A: I am but the wait time can be up to a year so you'd have to be patient. If you're interested and would like pricing you can e-mail email@example.com with your request and I will get back to you with price info.
Q: Do you sell your original art?
A: I do! If you see a piece you are interested in you can e-mail me at firstname.lastname@example.com for pricing and availablility.
Q: What tools/supplies do you use to create you work?
A: I use a combination of many things but the main supplies I use is a Cintiq 21UX to pencil and then I ink with Faber-Castell Pitt Pens and a Pentel refillable brush pen. I'll also use Signo Uniball white pens and prismacolors from time to time. For marker work I use Copic sketch refillable markers. I digitally paint everything in Photoshop CS6. I buy all my supplies from this website and I find they have the best prices overall: www.jetpens.com/?gclid=CNK62of…
Q: What pencil brushes are you using in photoshop?
A:These!-cedrichohnstadt.wordpress.com/… have fun!
Q: Did you write World War Z and the Zombie Survival Guide?
A: Nope, that's Max Brooks but don't feel bad, happens all the time.
Q: Did you work on Metalocalypse?
A: Nope, different Mark Brooks. In fact, there are at least 2 other professional artists names Mark Brooks out in the world. One is a character designer and art director and the other is a fantasy illustrator from England. But if you're online and see a piece of comic artwork by Mark Brooks there's a %99.8 chance it's mine.
Well, that's all I can think of right now. If you have any other questions feel free to ask in the comment section and I will update this. Hopefully I can cover everything. Thanks for reading and as always, hope you dig!


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Phoenix, AZ (Tuesday, March 18, 2014) – Attorney General Tom Horne is today announcing the conviction of Brian Ray Robinson of Phoenix, Arizona for his role as methamphetamine dealer and prohibited possessor of a firearm, due to a prior felony conviction. This Defendant, along with a co-defendant, were responsible for selling multiple ounces of methamphetamine out of their family home in a west Phoenix neighborhood, where he lived with his three children.
Horne stated: "Crystal meth has surpassed cocaine as the drug of choice for young people and leaves a wake of destroyed lives in its path. As the drug most commonly associated with violent crime in Arizona, my office will continue apprehending and convicting the criminals who bring this poison into our state, while also educating the public on its deadly effects."
In December 2012, Detectives with the Tempe Police Department began an investigation into Defendant Robinson's methamphetamine sales, ending with a search warrant being served on his home in March 2013. After the Tempe Detectives removed a young child from the master bedroom, police searched the home and found seven ounces of methamphetamine, scales, and a handgun less than five feet from where the Defendant's child was found.
Robinson later admitted to selling methamphetamine, profiting from the sales, and having the gun. He was a prohibited possessor of firearms because he is a convicted felon and was on felony probation.
The defendant was indicted in April 2013, and on March 10, 2014, a Maricopa County jury found him guilty of all three criminal counts including possession of dangerous drugs (methamphetamine) for sale, misconduct involving weapons, and possession of drug paraphernalia. One aggravating factor was found, that the Defendant committed these crimes for financial gain.
Robinson's sentencing is set in Maricopa County Superior Court on April 11, 2014.
For more information such as medical impact of crystal meth exposure, how to recognize a meth lab, and recognizing signs that children have been exposed to chemicals, please visit the Attorney General's website.


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Fried fish: Lightning cooks the crappies
DRAWING BY DEBORAH DERR McCLINTOCK
Q. When lightning strikes a body of water, is it instant fish-fry down below? How big is the kill zone? –Mrs. Paul
A. In a storm, it's no different for fish than for human swimmers who foolishly hang around. Water is a pretty good electrical conductor (no radios near the bath, please).
Lightning is high in voltage (100 million to a billion volts) and in current, but the kill-charge dissipates fast beneath the surface away from the strike point. "So fish do get killed, but probably not more than 30 yards away in fresh water, 10 yards in salt water, though good information is scarce," says University of Florida engineer Martin Uman, author of All About Lightning.
Another thing helping the fish is that they tend to hang out well below the surface, especially at night.
"In my own experience, I have only heard of one case–goldfish in a pond being struck dead by lightning, back in the '70s," says Paul Skelton, director of the JLB Smith Institute of Ichthyology, South Africa. Scuba-diving Roger Bills– another researcher there– tells of being shocked several times in Lake Tanganyika.
"On one dive, at around 20 meters I didn't feel a thing, though I saw flashes going off all the time. During decompression was when I got shocked, worse as I neared the surface– like a cattle electric fence, not incapacitating but very unpleasant. I have no idea how far off the lightning was, but I never saw any dead fish."
Q. Who hasn't complained of being forgetful from time to time? Have you ever met someone with too good a memory? –I. Savant
A. The Russian reporter Shereshevskii (known as S. in psychological circles) was once criticized for not taking notes at a staff meeting– until he proved to his boss he could play it all back verbatim from memory.
S. was also able to recall long lists of unrelated words. When each word was presented to him, report Camille Wortman et al in Psychology, he would form a concrete image of it, then place it mentally in a location along Gorky Street in Moscow. To recall the list, he would take a "mental walk" and as he passed familiar locations, the associated words would pop into mind.
The psychologist Aleksandr Luria who studied S. said the mnemonist could recall up to 50 words presented one after another, and could still reel them off 15 years later.
But S.'s "perfect" memory had its downside. Much of what he had seen, read, or heard– pleasant or unpleasant, trivial or important, from childhood to old age– stuck in his thoughts, shifting, piling up. Often, unable to see the forest for the trees, he felt confused and frustrated.
"The mere thought of such total recall is enough to make most of us content to have an ordinary memory," says Wortman, "where we remember most of what we want to or need, and let the rest slip unobtrusively away."
Q. Do left-handed target shooters need special guns? –A. Oakley
A. Many weapons can be fired effectively with either hand, including most revolvers, self-loading rifles and pistols, and shotguns, says George Washington University forensic scientist Walter F. Rowe. At most, the left-handed target shooter might have special grips fitted.
Other weapons, such as bolt-action military rifles, are generally designed for right-handers. Lefties learn to adapt– see Barry Pepper's sharpshooter in Saving Private Ryan– or have these weapons modified.
An overlooked problem for righties as well as lefties is "cross-dominance"– e.g., right-handed but left-eyed. To test dominance, aim a finger at an object, both eyes open. Then close one eye at a time. The eye for which the aim stays true is your dominant eye. Cross-dominant handgun shooters can simply tilt the head to accommodate, says gun expert Mark Duncan. Rifle and shotgun shooters sometimes change sides. Or sighting with dominant eye closed may work to some degree, but there are plenty of focusing pitfalls.
Q. How is sleep like love and happiness? –B. Cerf
A. If pursued too ardently, sleep too will elude you, says psychologist Wilse Webb. One experimenter invited volunteers to spend two consecutive nights in a sleep lab, and on the second night offered them $10 for every minute they fell asleep faster than the night before.
Nobody collected.
Send Strange questions to brothers Bill and Rich at email@example.com.


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Reports started trickling out yesterday that Samsung would unveil its next flagship Android phone, the Galaxy S IV, at a big event in New York on March 14.
While exciting for Android fans, the timing of the report was a bit suspect. Samsung's chief Android rival, HTC, was slated to announce its next flagship phone, the HTC One, today.
And before the event this morning, all anyone could talk about was Samsung. The line of tech reporters and analysts were all guessing what Samsung would come up with in a few weeks, and there was a lot of speculation that Samsung timed the leak to steal some of HTC's thunder.
It was no different during the event. Even as HTC's execs showed off the new HTC One (which is a very impressive phone by the way), tweets focused more on Samsung and how HTC's launch date will nearly coincide with Samsung's Galaxy S IV announcement.
Some examples:
HTC launches flagship phone in two minutes. HTC flagship phone forgotten in three weeks when Samsung launches GS4. — Brad Reed (@bwreedbgr) February 19, 2013
I JUST MET YOU/AND THIS IS CRAZY/WE'RE SCARED OF SAMSUNG/WE'RE HTC — Ed Zitron (@edzitron) February 19, 2013
More important than a new HTC phone is how HTC is going to fix the problem that nobody really recognizes its brand. — Brian X. Chen (@bxchen) February 19, 2013
You have to feel bad for HTC. The company makes amazing products. It makes the best Windows Phone you can buy. Its Android phones are just as good as Samsung's and outshine them in some aspects like build quality.
So it's a bummer -- and an unfortunate miss for consumers -- that HTC doesn't have the brand recognition Samsung does. HTC's president Jason Mackenzie told us a few months ago that's due to Samsung's massive marketing budget, which HTC simply can't match right now.
Keep in mind it was only about two years ago that HTC was the king of Android phones. Its EVO phone, which launched in 2010, was widely considered as the best answer to the iPhone. But Samsung saw an opportunity to spend mountains of cash on marketing to the point its Galaxy-branded phones have become synonymous with the Android operating system.
Now, Samsung's name hovers over everything HTC does, just like Apple's name hovers over everything Samsung does. It's a vicious cycle, something we're not sure a great phone like the HTC One can break.


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LocationAmsterdam, The Netherlands
ArchitectRocha Tombal Architects - Ana Rocha, Michel Tombal
Project TeamEnrique Otero Neira, Iwona Wozniakowska, Tjerk Boom, Anne Dessing, Volker Goldstein
ClientHester Molenaar en Maurice Winkel
ConstructionAronsohn bv Rotterdam
Building Costs€ 330.000,-- excl. ground, kitchen, garden
Area0.0 m2
Project Year2008
(…) The most wonderful in a room is the light that comes through the window of the room. The sun never knew how great it was before a room was built (…)
Louis Khan
The closed façade offers a "statement" by reacting on its neighbours by contrast. Only on the ground floor is the white volume cut off. At this point the front facade is pushed backwards, like a scenario, allowing the perception of the stair.
Behind the closed façade a "light-route" is created: after experiencing exposure and light intensity on the ground-floor, the visitor gets on the first-floor the feeling of stepping into an enclosed darker staircase. Through it's form, which at some points is cut off to allow light penetration, and the contrast between fully open and fully closed, a light-game arises, which floor after floor guides and surprises.
At the end of the route, via one sharp roof opening, the visitor feels again the confrontation with an intensive bath of light. The stair climbs through the whole house next to a facility's unit which on the ground floor separates the transparent hall from the intimate living room, and in the other floors, the circulation area from the sleeping / working rooms. By situating both staircase and facility's unit directly behind the front façade, these spaces become flexible, less deep and bright.
The windows of the back façade which in each room are different in form and size offer to every space a different light quality. In the void of the living room, the sculptural fire-place connects the ground floor with the first floor. In this way, and embraced by light, one high impressive space is created.


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We get letters. OK ... emails, mostly. Some tweets. And, yes, still the occasional missive with an actual stamp, typically affixed with a lovely shade of bile that sears through the envelope.
Beginning today, we'll use this space to occasionally answer these awards-season inquiries under the banner of Awards Season Answer Guy. If you have a question of your own about the Oscar races, email it to firstname.lastname@example.com or, through Twitter, @glennwhipp.
Now, on to the queries:
PHOTOS" Scenes from '12 Years a Slave'
Q: I read that Michael Fassbender won't be campaigning this year for his turn in "12 Years a Slave." That bums me out. Do you think he still has a chance to win a nomination?
A: I assume you're referring to the November GQ magazine cover story, in which Fassbender said of awards-season campaigning: "It's just a grind. And I'm not a politician. I'm an actor."
Realize, first, that Fassbender said this in an interview that he gave to promote "12 Years a Slave," and, presumably, his role as the film's nutso-crazy-evil plantation owner. This is but one of dozens upon dozens upon dozens of interviews that the brilliant German-born actor has given since the movie premiered in late August at the Telluride Film Festival.
It's the dance that actors and filmmakers do this time of year when most Oscar contenders debut. Everyone's bopping back and forth between Los Angeles and New York, logging in appearances on TV talk shows and giving media interviews and going to parties and receptions and screening Q&As; to talk about their movies and, yes, themselves.
WATCH: Envelope Screening Series — '12 Years a Slave'
Since Fassbender will be shooting two films -- a western, "Slow West," that will shoot next month in New Zealand and then a new take on "Macbeth" with Marion Cotillard -- he won't be around to work the circuit in the coming months. That's why he has been everywhere the past several weeks, including film festivals in Telluride, Toronto and New York, chatting up Jon Stewart and David Letterman and giving interviews left and right to barnstorm for his Oscar chances talk up the film.
So, fear not. The man has already done "the grind" and logged his time. Fassbender can now leave for New Zealand with the knowledge that he has done his part promoting "12 Years" and, to a much lesser extent, his role in Ridley Scott's upcoming pulpy thriller "The Counselor."
Of course, awards season is like the Hotel California. You can check out any time you like, but you can never leave. It's entirely possible that Fassbender will return to these parts in January for a handful of awards ceremonies. And while he's around, he might even grant another interview or three (or 12).
Q: I read your report on the spotty attendance for "12 Years a Slave's" first screening for academy members. Isn't it voters' responsibility to see all the contenders? I can understand someone skipping, say, "Baggage Claim." But even if you're squeamish, you have to give a movie like "12 Years" a look, right?
A: An informed electorate is the keystone to any democracy. But, may I ask: How long did you spend perusing and researching the candidates and issues on your ballot before voting in the 2012 election? (You did vote, right?)
Look, as long as there are elections, there will be low-information voters, as well as more conscientious balloters. I belong to the Los Angeles Film Critics Assn. and when we vote between the finalists in a particular category, it's generally understood that if you haven't seen the movies or performances in question, you abstain. And members do.
But LAFCA has just 59 members. The academy has more than 6,000 voters and, as with any group that size, you have a great deal of variance in the way they go about the business of filling out their ballots. I reported on a handful of walkouts during last weekend's "12 Years" academy screening and the number may have been higher, at least according to another academy member who sat in a different location.
You can't force anyone to watch. At the same time, there's a peer pressure present among academy members, a desire to, as one voter put it, be "in the know." You can't skip (or, in the case of the walkouts, flee) "12 Years a Slave" and be part of the ongoing Oscar season conversation.
Besides, how can voters properly appreciate all those upcoming Fassbender interviews without seeing the movie?
'12 Years a Slave' builds mojo at Toronto Film Festival
Academy members find themselves in 'Gravity's' pull too
Academy receives first does of '12 Years a Slave's' 'tough medicine'


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The latest session of the 2013 Anthropology Section Lecture Series was held Monday, February 25th, when we welcomed Norma Mendoza-Denton of the University of Arizona to our offices to discuss her work on American town-hall meetings and the performance and management of confrontation in Citizen Rage: Town Hall Meetings and Constituent Disagreement in American Politics. (Read the original blog post.)
Featured News Items
The Wenner-Gren Foundation is interested in hearing from its grantees and knowing about:
- 1) news about research in the field and findings
- 2) news and links to any articles where the grantees' research is featured
- 3) photos from the field (featuring grantees)
If you have information concerning your Wenner-Gren supported work, please send it here.


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Feb. 18, 2007
SANTA BARBARA, Calif. - The UC Santa Barbara softball team defeated Northern Colorado, 7-0 on Sunday at Campus Diamond to complete the Softball By The Beach Invitational with a perfect 4-0 tournament record. The Gauchos scored seven runs in the fourth inning to take their second win of the weekend over the Bears.
With the win, the Gauchos are now 6-2 on the season and are 4-0 at home. Northern Colorado, which dropped a game earlier in the day to Nevada, 1-0 has fallen to 1-8 on the season. Long Beach State (3-6) defeated Nevada (3-7), 4-3 in other tournament action on Sunday.
Sophomore pitcher Tami Weston earned the win for UCSB as she pitched a complete game allowing only two hits and striking out nine of the 23 batters she faced in her first 2007 appearance. Senior first basemen Jessica Hejna was 1-for-2 with one run, a triple and two RBI and sophomore second basemen Christine Ramos went 2-for-3 at the plate with a stolen base and one run scored.
Second basemen Abby Turner and catcher Ashley Geist accounted for Northern Colorado's two hits on the game. Hurler Hillarie Van Otterloo took the loss after allowing three earned runs on three hits. Van Otterloo's record dropped to 1-3 on the young season.
With a one out at the bottom of the fourth inning, Adrienne Anderson singled to center field driving in Tiffany Wright and Brittany Putich for the first two runs of the game. A single to right field from Liz Walters during the ensuing at-bat brought Anderson's pinch runner, Jessica Ziegler home to make the Gaucho lead 3-0. UCSB would not let-up as Nicole Churnock doubled to left center to bring in a fourth Gaucho runner.
Two more down in the batting order, Hejna tripled to right field driving in another pair of Gaucho runs. Hejna then scored after junior third basemen Tisha Duran ground out to shortstop to give UCSB the 7-0 lead. The Gauchos gave up only one hit in the remainder of the game and collected their fourth shutout win of the season.
In Sunday morning's opener between Nevada and Northern Colorado, the pitching dominated as the Wolfpack's Tiffany Hoeft-Bass and Jordan McPherson combined for a shutout. Hoeft-Bass (1-0), who picked up the win, allowed no runs on five hits and struck out one. McPherson who had the save, posted a game-leading seven strikeouts in 3.2 innings pitched. Northern Colorado's Shea Carpenter (0-6) took the loss after allowing one unearned run on three hits.
The score was tied zero-all when, at the bottom of the fourth, Nevada's Tyler Schafer singled and then advanced on an error by the shortstop. Sam Bias grounded out to second base advancing Schaefer on the base path. Brittany Puzey grounded out to second base driving in Schaefer for the lone run of the game, Nevada picked up the win 1-0 after the next nine Northern Colorado batters went down in order.
Nevada kept up its momentum in the second match-up of the day with Long Beach State. Third in the order, Puzey doubled to left center bringing in Kym Silagyi for the first Wolfpack run at the top of the first inning. Michelle Beach then singled bringing in Puzey to get Nevada out to a 2-0 start.
Long Beach responded in the bottom of the same inning as Lacy Tyler drove in Brianna Goad with a single to left field. An error by the Wolfpack later in the order sent Tyler home, tying the score at 2-2.
Nevada scored again in the third inning when Silagyi brought in Schafer on a hit grounded out to the pitcher. The Wolfpack held the 3-2 advantage for three and a half innings, but the 49ers would not go down easily. A homerun by Jessica Beaver drove in two runs to grab Long Beach the 4-3 win.
Beaver's homerun was her only hit of the game and teammate Lacy Tyler went 1-for-3 with one run and an RBI. Pitcher Kelly Cross picked up her first win of the season after pitching a complete game with three runs (two earned) allowed on four hits and four strikeouts.
Puzey was 2-for-2 for Nevada with one run and two RBI. Hurler Katie Holverson (0-4) took the loss after allowing four runs- three earned- on five hits, walking four and striking out three.
The Gauchos will repeat as tournament hosts next weekend when Texas-San Antonio, Northern Illinois and Santa Clara come to Santa Barbara for the UCSB Mini Tournament. The tourney will run Friday, Feb. 23 through Sunday, Feb. 25 at Campus Diamond.


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In this illustrated PSG culture-list additional information is provided on the preferred breeding conditions, precise localities and origins of the culture-stocks. For viewing photos of a certain species simply click on the scientific name.
Explanation of symbols & abbreviations:
Scientific name: If the species has not yet been identified to species or genus level, the common name that has been used when it was introduced is given.
Reproduction: S = Sexual; P = Parthenogenetic; SP = Sexual and parthenogenetic cultures occur
Body length: Body length of cultured specimens (in mm); for females including the subgenital plate (if extending beyond abdomen)
Foodplants: This column lists the most preferred alternative foodplants but is not complete for all species. Often further plants are readily accepted. Where a species is known to have a clear preference to a certain plant, the first plant listed is the preferred alternative foodplant and recommended for starting a culture or newly hatched nymphs.
Culture status: C = Cultured; T = Tentative / difficult to maintain (very few cultures reported); L = Lost (no cultures reported)
The symbols given provide a general guide to the general preferences of species. The desirable conditions may however vary - depending on the age of the insects (nymphs or adults).
= small: height 20-50 cm
= medium: height 50-80 cm
= large: height > 80 cm
= Put soil / substrate on the cage-floor (e.g. sand, peat) because females bury their eggs
= No soil needed (use kitchen-paper or similar)
= Tropical climate (warm and humid)
= Very high humidity / spray regularly
= Moderate to cool temperatures (< 25°C)
= Good ventilation needed / keep airy
= High temperatures > 25°C / use extra lightning or heating
Info-Lamp: A separate window will open when you press this button. This provides additional information on the precise origin and locality, as well as the collectors name and date of the culture-stocks. Stock of several species has been imported more than once and often from different localities. These are listed as well. The information is by far not complete yet and the origins of many of the older cultures in particular are difficult to reconstruct. We are here trying to collect and save the collecting data of all our culture-stocks in order to make them accessible not only to breeders but also to scientists, who cannot work with captive reared specimens probably without knowing the exact origin of the insects. This especially concerns to DNA-barcoding projects currently undertaken by various workers. Hence we are most gratful for any help or info that you may contribute to completing this information. Thanks a lot!
Newly introduced species: Species newly cultured but not officially given a PSG culture-number yet are found at the end of this list and marked "0".
NOTE: If you have a species established in culture and wish to have it placed on the PSG culture-list, please contact Dr. Phil E. Bragg (Pbragg[at]aol.com). To avoid confusion, species will only be added to the list when Phil Bragg has received either some eggs or specimens for the PSG reference collection at the Natural History Museum, London (BMNH).


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Insurers need to optimize and transform their existing business models, while exploring new models that will be better suited to the emerging digital economy and will create new value for customers and the organization alike.
We call this "pivoting to the new": transforming the core business to reduce costs and maximize growth, and then using the funds released in this way to create space for investments in new business models and innovative digital ventures. As these new ventures mature and confirm their potential to generate real value, the organization prudently shifts its focus from the core and scales up "the new."
Here are seven steps you can take to thrive in the new:
1. Lead change with vision
Ensure the organization has a clear understanding of the change that is required. If this is lacking, it may be necessary to challenge its existing orthodoxies and explore its future direction. Develop a flexible roadmap for heading in this direction. Strive to deliver outcomes and value more rapidly, and accept that your vision and roadmap will evolve constantly as you learn from your experiences and as the world changes around you.
2. Prioritize investments in the new
Balancing change investments across the core business and the new can be challenging. Increasingly, these investments are converging, moving from "digital on the side" in a standalone unit or internal challenger, toward investments that both benefit the core business and build the new business for the future.
The change portfolio intended to realize these two goals should be re-prioritized continually, and new change should be initiated all the time. As they balance resources between "run the business" and "change the business," leaders must ensure that change the business activities are not just enhancements at the margins of existing business models, but are actually creating new robust and sustainable value streams.
3. Innovate and scale for value
As the deluge of emerging technologies grows, it is essential that you undertake innovation for the right reasons. Experimentation and scaling thrive in the right culture, with the right funding, talent and infrastructure. Being able to execute proof of concepts and pilots quickly is essential to understanding potential value.
Many insurers are doing this, but are struggling to scale innovation and join up innovations around new customer propositions and value-chain plays. Where there is no clear value or the innovation does not work in your new business model, stop quickly, learn from the experience, and shift your investment of time and money elsewhere.
Where there is sufficient potential, you need to increase the investment and clear obstacles to iterate rapidly and scale the innovation to drive real business and customer value.
4. Make change more human
Most digital change displaces, automates or augments human work. To avoid fear and job insecurity you should create an inspiring vision and a supportive culture that fosters innovation, increases security by tolerating failure and nurtures a positive attitude to change. By putting people at the heart of the change, you remove many of the barriers to transformation, while allowing employees to acquire new digital skills and creating space for creativity.
5. Be open to change from outside
The growth in Insurtech and ecosystems has made insurers significantly more open to change from outside. You need to consider what role you will play in the industry ecosystem—especially your contribution to the customer experience and meeting customer needs, whether you will continue to hold the customer relationship, and whether you will be a platform for best-of-breed services or be a niche player.
6. Build true agility
True agility balances pace and stability—adaptability and speed of reaction on the one hand, and effective decision making and strong disciplines on the other. A culture of risk aversion and resistance to transformation is not the only impediment to agility. Others are complex legacy systems, fragmented business divisions, time-poor product owners, workspace and lack of collaboration tooling, and legacy organization structures rooted in old ways of doing business. These are serious obstacles, but they must be addressed to deal with constant change.
7. Prioritize and develop your change capability
To be able to handle constant change, especially larger transformational change, you must develop your professional change capability. An understanding of the change capabilities that are needed depends on a clear change vision and portfolio. Key operating model decisions can then be taken to develop and apply this capability.
This change capability should include the right internal teams, methods, tools and governance appropriate for a range of change programs and continuous change scenarios. It also requires relationships with the right external change partners.